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[110th Congress Public Law 181]
[From the U.S. Government Printing Office]

[DOCID: f:publ181.110]

[[Page 122 STAT. 3]]

Public Law 110-181
110th Congress

                                 An Act

 
 To provide for the enactment of the National Defense Authorization Act 
for Fiscal Year 2008, as previously enrolled, with certain modifications 
  to address the foreign sovereign immunities provisions of title 28, 
   United States Code, with respect to the attachment of property in 
 certain judgments against Iraq, the lapse of statutory authorities for 
 the payment of bonuses, special pays, and similar benefits for members 
  of the uniformed services, and for other purposes. <<NOTE: Jan. 28, 
                         2008 -  [H.R. 4986]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2008.>> assembled,

SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.

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

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

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

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for M1A2 Abrams System 
           Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting 
           vehicle upgrades.

[[Page 122 STAT. 4]]

Sec. 113. Multiyear procurement authority for conversion of CH-47D 
           helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter 
           Information Network-Tactical program pending certification to 
           Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System 
           production line pending report.
Sec. 117. Stryker Mobile Gun System.

                        Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Ballistic Missile Defense

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

                        Subtitle D--Other Matters

Sec. 231. Coordination of human systems integration activities related 
           to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities, 
           services, and equipment.
Sec. 233. Modification of cost-sharing requirement for Technology 
           Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.

[[Page 122 STAT. 5]]

Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area 
           review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of 
           funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense 
           Experimental Program to Stimulate Competitive Research with 
           similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development 
           program.
Sec. 241. Federally funded research and development center assessment of 
           the Defense Experimental Program to Stimulate Competitive 
           Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High 
           Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

              Subtitle D--Extension of Program Authorities

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

                           Subtitle E--Reports

Sec. 351. Reports on National Guard readiness for emergencies and major 
           disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on 
           the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and 
           reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.

[[Page 122 STAT. 6]]

Sec. 357. Department of Defense Inspector General report on physical 
           security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master 
           plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in 
           the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for 
           Cheyenne Mountain Air Station, Colorado.

                        Subtitle F--Other Matters

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

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Assignment of officers to designated positions of importance 
           and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to 
           serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for 
           discharge of probationary officers and for use of force 
           shaping authority.
Sec. 504. Mandatory retirement age for active-duty general and flag 
           officers continued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for initial 
           appointments of officers in critically short health 
           professional specialties.
Sec. 506. Expansion of authority for reenlistment of officers in their 
           former enlisted grade.

[[Page 122 STAT. 7]]

Sec. 507. Increase in authorized number of permanent professors at the 
           United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.

                Subtitle B--Reserve Component Management

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

                   Subtitle C--Education and Training

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

        Subtitle D--Military Justice and Legal Assistance Matters

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

                       Subtitle E--Military Leave

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

                   Subtitle F--Decorations and Awards

Sec. 561. Authorization and request for award of Medal of Honor to 
           Leslie H. Sabo, Jr., for acts of valor during the Vietnam 
           War.

[[Page 122 STAT. 8]]

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

     Subtitle G--Impact Aid and Defense Dependents Education System

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

                      Subtitle H--Military Families

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

                        Subtitle I--Other Matters

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

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members 
           without dependents who attend accession training while 
           maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging 
           expenses for members of the Armed Forces in areas subject to 
           major disaster declaration or for installations experiencing 
           sudden increase in personnel levels.

[[Page 122 STAT. 9]]

Sec. 604. Income replacement payments for reserve component members 
           experiencing extended and frequent mobilization for active 
           duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of 
           the uniformed services participating in Thrift Savings Plan.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

[[Page 122 STAT. 10]]

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

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

                        Subtitle G--Other Matters

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

                    TITLE VII--HEALTH CARE PROVISIONS

          Subtitle A--Improvements to Military Health Benefits

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

                     Subtitle B--Studies and Reports

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

                        Subtitle C--Other Matters

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

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

Sec. 800. Short title.

              Subtitle A--Acquisition Policy and Management

Sec. 801. Internal controls for procurements on behalf of the Department 
           of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials 
           critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract 
           services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.

[[Page 122 STAT. 11]]

Sec. 809. Implementation and enforcement of requirements applicable to 
           undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special 
           Operations Command.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

                Subtitle D--Accountability in Contracting

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

              Subtitle E--Acquisition Workforce Provisions

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

              Subtitle F--Contracts in Iraq and Afghanistan

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

[[Page 122 STAT. 12]]

Sec. 864. Definitions and other general provisions.

              Subtitle G--Defense Materiel Readiness Board

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

                        Subtitle H--Other Matters

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

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                 Subtitle E--Roles and Missions Analysis

Sec. 941. Requirement for quadrennial roles and missions review.

[[Page 122 STAT. 13]]

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

                        Subtitle F--Other Matters

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

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

                           Subtitle E--Reports

Sec. 1041. Extension and modification of report relating to hardened and 
           deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike 
           capability.
Sec. 1044. Report on workforce required to support the nuclear missions 
           of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting 
           Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military 
           aviation national training center.

[[Page 122 STAT. 14]]

Sec. 1048. Limited field user evaluations for combat helmet pad 
           suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the 
           Armed Forces who died in the air crash in Bakers Creek, 
           Australia, and establishment of other memorials in Arlington 
           National Cemetery.

                        Subtitle F--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

[[Page 122 STAT. 15]]

Sec. 1115. Retirement service credit for service as cadet or midshipman 
           at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and 
           staff of the Uniformed Services University of the Health 
           Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian 
           mental health professionals.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                     Subtitle C--Iraq Refugee Crisis

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

              Subtitle D--Other Authorities and Limitations

Sec. 1251. Cooperative opportunities documents under cooperative 
           research and development agreements with NATO organizations 
           and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use 
           acquisition and cross-servicing agreements to lend military 
           equipment for personnel protection and survivability.

[[Page 122 STAT. 16]]

Sec. 1253. Acceptance of funds from the Government of Palau for costs of 
           United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for 
           Security Cooperation.
Sec. 1258. Sense of Congress on Iran.

                           Subtitle E--Reports

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

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

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

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.

[[Page 122 STAT. 17]]

Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.

                   TITLE XVI--WOUNDED WARRIOR MATTERS

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

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

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

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

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

                     Subtitle C--Health Care Matters

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

                     Subtitle D--Disability Matters

Sec. 1641. Utilization of veterans' presumption of sound condition in 
           establishing eligibility of members of the Armed Forces for 
           retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense 
           determinations of disability with respect to members of the 
           Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated 
           from service with a disability rating of 20 percent disabled 
           or less.

[[Page 122 STAT. 18]]

Sec. 1644. Authorization of pilot programs to improve the disability 
           evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in 
           the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the 
           Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of 
           temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities, 
           specialty medical care facilities, and military quarters 
           housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to 
           deficiencies identified at Walter Reed Army Medical Center, 
           District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter 
           Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and 
           benefits available for serious injuries and illnesses.

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

                      TITLE XVII--VETERANS MATTERS

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

     TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

[[Page 122 STAT. 19]]

                    Subtitle A--National Guard Bureau

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

          Subtitle B--Additional Reserve Component Enhancement

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

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

[[Page 122 STAT. 20]]

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

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

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Requirement to report real property transactions resulting in 
           annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without 
           substantive change.

[[Page 122 STAT. 21]]

Sec. 2823. Modification of authority to lease non-excess property of the 
           military departments.
Sec. 2824. Cooperative agreement authority for management of cultural 
           resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on 
           military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program 
           for purchase of certain municipal services for military 
           installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National 
           Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect 
           installations, ranges, and military airspace from 
           encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.

                      Subtitle C--Land Conveyances

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

                       Subtitle D--Energy Security

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

                        Subtitle E--Other Matters

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

[[Page 122 STAT. 22]]

Sec. 2886. Naming of Logistics Automation Training Facility, Army 
           Quartermaster Center and School, Fort Lee, Virginia, in honor 
           of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, 
           Maryland.

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

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

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                        Subtitle C--Other Matters

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

                Subtitle D--Nuclear Terrorism Prevention

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

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

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

          TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

[[Page 122 STAT. 23]]

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

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

                   TITLE XXXV--MARITIME ADMINISTRATION

           Subtitle A--Maritime Administration Reauthorization

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

                          Subtitle B--Programs

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

                    Subtitle C--Technical Corrections

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

SEC. 3. <<NOTE: 10 USC 101 note.>> 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 upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting 
           vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D 
           helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter 
           Information Network-Tactical program pending certification to 
           Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System 
           production line pending report.
Sec. 117. Stryker Mobile Gun System.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for Virginia-class submarine 
           program.

[[Page 122 STAT. 24]]

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

                     Subtitle D--Air Force Programs

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

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 2008 for procurement for the Navy as follows:
            (1) For aircraft, $12,432,644,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,068,187,000.
            (3) For shipbuilding and conversion, $13,596,120,000.
            (4) For other procurement, $5,209,330,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2008 for procurement for the Marine Corps in the amount 
of $2,299,419,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2008 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $1,058,832,000.

SEC. 103. AIR FORCE.

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

[[Page 122 STAT. 25]]

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

                        Subtitle B--Army Programs

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

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

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

    The Secretary of the Army, in accordance with section 2306b of title 
10, United States Code, may enter into a multiyear contract, beginning 
with the fiscal year 2008 program year, for procurement of M2A3/M3A3 
Bradley fighting vehicle upgrades.

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

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

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

    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.

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

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

[[Page 122 STAT. 26]]

Network-Tactical (WIN-T) Program Acquisition Decision Memorandum'', 
dated June 5, 2007, and signed by the Under Secretary of Defense for 
Acquisition, Technology, and Logistics.

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

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

    (b) Submission of Report.--The report referred to in subsection (a) 
is required not later than April 1, 2008.

SEC. 117. STRYKER MOBILE GUN SYSTEM.

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

                        Subtitle C--Navy Programs

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

    (a) Authority.--The Secretary of the Navy may, in accordance with 
section 2306b of title 10, United States Code, enter into multiyear 
contracts, beginning with the fiscal year 2009 program

[[Page 122 STAT. 27]]

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) <<NOTE: Certification.>> the Secretary submits to the 
        congressional defense committees a certification that the 
        Secretary has made, with respect to that contract, each of the 
        findings required by subsection (a) of section 2306b of title 
        10, United States Code; and
            (2) <<NOTE: Deadline.>> a period of 30 days has elapsed 
        after the date of the transmission of such certification.

SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.

    (a) Study Required.--The Secretary of the Navy shall provide for a 
study to determine the effectiveness of current financing mechanisms for 
providing incentives for contractors to make shipbuilding capital 
expenditures, and to assess potential capital expenditure incentives 
that would lead to ship construction or life-cycle cost savings to the 
Federal Government. The study shall examine--
            (1) potential improvements in design tools and techniques, 
        material management, technology insertion, systems integration 
        and testing, and other key processes and functions that would 
        lead to reduced construction costs;
            (2) construction process improvements that would reduce 
        procurement and life-cycle costs of the vessels under 
        construction at the contractor's facilities; and
            (3) incentives for investment in shipyard infrastructure 
        that support construction process improvements.

    (b) Report.--Not later than October 1, 2008, the Secretary of the 
Navy shall submit to the congressional defense committees a report 
providing the results of the study under subsection (a). The report 
shall include each of the following:
            (1) An assessment of the shipbuilding industrial base, as 
        measured by a 10-year history for major shipbuilders with 
        respect to--
                    (A) estimated value of shipbuilding facilities;
                    (B) critical shipbuilding capabilities;
                    (C) capital expenditures;
                    (D) major investments in process improvements; and
                    (E) costs for related Navy shipbuilding projects.
            (2) A description of mechanisms available to the Government 
        and industry to finance facilities and process improvements, 
        including--
                    (A) contract incentive and award fees;
                    (B) facilities capital cost of money;
                    (C) facilities depreciation;
                    (D) progress payment provisions;
                    (E) other contract terms and conditions;
                    (F) State and Federal tax provisions and tax 
                incentives;
                    (G) the National Shipbuilding Research Program; and
                    (H) any other mechanisms available.
            (3) A summary of potential shipbuilding investments that 
        offer greatest reduction to shipbuilding costs, including, for 
        each such investment--
                    (A) a project description;

[[Page 122 STAT. 28]]

                    (B) an estimate of required investment;
                    (C) the estimated return on investment; and
                    (D) alternatives for financing the investment.
            (4) The Navy's strategy for providing incentives for 
        contractors' capital expenditures that would lead to ship 
        construction or life-cycle savings to the Federal Government, 
        including identification of any specific changes in legislative 
        authority that would be required for the Secretary to execute 
        this strategy.

    (c) Utilization of Other Studies and Outside Experts.--The study 
shall build upon the results of the 2005 and 2006 Global Shipbuilding 
Industrial Base Benchmarking studies. Financial analysis associated with 
the report shall be conducted in consultation with financial experts 
independent of the Department of Defense.

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

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

SEC. 124. <<NOTE: 10 USC 7291 note.>> ASSESSMENTS REQUIRED PRIOR TO 
            START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING 
            PROGRAM.

    (a) In General.--Concurrent with approving the start of construction 
of the first ship for any major shipbuilding program, the Secretary of 
the Navy shall--
            (1) <<NOTE: Reports.>> submit a report to the congressional 
        defense committees on the results of any production readiness 
        review; and
            (2) <<NOTE: Certification.>> certify to the congressional 
        defense committees that the findings of any such review support 
        commencement of construction.

[[Page 122 STAT. 29]]

    (b) Report.--The report required by subsection (a)(1) shall include, 
at a minimum, an assessment of each of the following:
            (1) The maturity of the ship's design, as measured by 
        stability of the ship contract specifications and the degree of 
        completion of detail design and production design drawings.
            (2) The maturity of developmental command and control 
        systems, weapon and sensor systems, and hull, mechanical and 
        electrical systems.
            (3) The readiness of the shipyard facilities and workforce 
        to begin construction.
            (4) The Navy's estimated cost at completion and the adequacy 
        of the budget to support the estimate.
            (5) The Navy's estimated delivery date and description of 
        any variance to the contract delivery date.
            (6) The extent to which adequate processes and metrics are 
        in place to measure and manage program risks.

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

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

    Section 124 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3157) is amended by striking 
subsections (a), (b), (c), and (d) and inserting the following:
    ``(a) Limitation of Costs.--
            ``(1) In general.--The total amount obligated or expended 
        for the procurement costs of post-2007 LCS vessels shall not 
        exceed $460,000,000 per vessel.
            ``(2) Procurement costs.--For purposes of this section, 
        procurement costs shall include all costs for plans, basic 
        construction, change orders, electronics, ordnance, contractor 
        support, and other costs associated with completion of 
        production drawings, ship construction, test, and delivery, 
        including work performed post-delivery that is required to meet 
        original contract requirements.

[[Page 122 STAT. 30]]

            ``(3) Post-2007 lcs vessels.--For purposes of this section, 
        the term `post-2007 LCS vessel' means a vessel in the Littoral 
        Combat Ship (LCS) class of vessels, the procurement of which is 
        funded from amounts appropriated pursuant to an authorization of 
        appropriations or otherwise made available for fiscal year 2008 
        or any fiscal year thereafter.

    ``(b) Contract Type.--The Secretary of the Navy shall employ a 
fixed-price type contract for construction of post-2007 LCS vessels.
    ``(c) Limitation of Government Liability.--The Secretary of the Navy 
shall not enter into a contract, or modify a contract, for construction 
or final delivery of post-2007 LCS vessels if the limitation of the 
Government's cost liability, when added to the sum of other budgeted 
procurement costs, would exceed $460,000,000 per vessel.
    ``(d) Adjustment of Limitation Amount.--The Secretary of the Navy 
may adjust the amount set forth in subsections (a)(1) and (c) for 
vessels referred to in such subsections by the following:
            ``(1) The amounts of increases or decreases in costs 
        attributable to compliance with changes in Federal, State, or 
        local laws enacted after September 30, 2007.
            ``(2) The amounts of outfitting costs and costs required to 
        complete post-delivery test and trials.''.

                     Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.

    No <<NOTE: Deadline. Submissions.>> 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) <<NOTE: Study.>> The Department of Defense Intra-Theater 
        Airlift Capabilities Study.
            (3) The Department of Defense Joint Intra-Theater 
        Distribution Assessment.
            (4) The Joint Cargo Aircraft Functional Area Series 
        Analysis.
            (5) The Joint Cargo Aircraft Analysis of Alternatives.
            (6) The Joint Intra-Theater Airlift Fleet Mix Analysis.
            (7) <<NOTE: Certification.>> The Secretary's certification 
        that--
                    (A) there is, within the Department of the Army, 
                Department of the Air Force, Army National Guard, or Air 
                National Guard, a capability gap or shortfall with 
                respect to intra-theater airlift; and
                    (B) validated requirements exist to fill that gap or 
                shortfall through procurement of the Joint Cargo 
                Aircraft.

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

    Section 133(b) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) is amended--
            (1) in paragraph (1)--

[[Page 122 STAT. 31]]

                    (A) by striking ``After fiscal year 2007'' and 
                inserting ``For each fiscal year after fiscal year 
                2007''; and
                    (B) by inserting after ``Secretary of Defense'' the 
                following: ``, in that fiscal year,''; and
            (2) in paragraph (2)--
                    (A) by inserting after ``Department of Defense'' the 
                following: ``in a fiscal year''; and
                    (B) by inserting after ``Congress'' the following: 
                ``in that fiscal year''.

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

    (a) In General.--Effective <<NOTE: Effective date.>> as of the date 
specified in subsection (b), section 137(b) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2114) is repealed.

    (b) <<NOTE: Study.>> Specified Date.--The date specified in this 
subsection is the date that is 30 days after the date on which the 
Secretary of the Air Force submits to the congressional defense 
committees the Fleet Mix Analysis Study.

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

    (a) General Prohibition.--The Secretary of the Air Force may not 
retire C-130E/H tactical airlift aircraft during fiscal year 2008, 
except as provided in subsection (b).
    (b) Contingent Authority to Retire Certain C-130E Aircraft.--
Effective <<NOTE: Effective date.>> as of the date specified in 
subsection (d), subsection (a) shall not apply to C-130E tactical 
airlift aircraft, and the number of such aircraft retired by the 
Secretary of the Air Force during fiscal year 2008 may not exceed 24.

    (c) Treatment of Retired Aircraft.--The Secretary of the Air Force 
shall maintain each C-130E tactical airlift aircraft that is retired 
during fiscal year 2008 in a condition that would allow recall of that 
aircraft to future service.
    (d) <<NOTE: Study.>> Specified Date.--The date specified in this 
subsection is the date that is 30 days after the date on which the 
Secretary of the Air Force submits to the congressional defense 
committees the Fleet Mix Analysis Study.

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

    (a) Limitation on Retirement of More Than 48 Aircraft.--The 
Secretary of the Air Force may not retire more than 48 KC-135E aerial 
refueling aircraft of the Air Force during fiscal year 2008, except as 
provided in subsection (b).
    (b) Contingent Authority to Retire 37 Additional Aircraft.--
Effective <<NOTE: Effective date.>> as of the date specified in 
subsection (c), the number of such aircraft retired by the Secretary of 
the Air Force during fiscal year 2008 may not exceed 85.

    (c) <<NOTE: Certification.>> Specified Date.--The date specified in 
this subsection is the date that is 15 days after the date on which the 
Secretary of the Air Force submits to the congressional defense 
committees the Secretary's certification that--
            (1) the system design and development contract for the KC-X 
        program has been awarded; and
            (2) if a protest is submitted pursuant to subchapter 5 of 
        title 31, United States Code--

[[Page 122 STAT. 32]]

                    (A) the protest has been resolved in favor of the 
                Federal agency; or
                    (B) the Secretary has authorized performance of the 
                contract (notwithstanding the protest).

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

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

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

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

[[Page 122 STAT. 33]]

            ``(4) Treatment of retired aircraft.--Of the aircraft 
        retired in accordance with paragraph (1)(A), the Secretary of 
        the Air Force may use not more than 2 such aircraft for 
        maintenance ground training.''.

    (b) Notice of Retirement.--Subsection (b)(1) of such section is 
amended by striking ``45 days'' and inserting ``60 days''.

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Ballistic Missile Defense

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

                        Subtitle D--Other Matters

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

[[Page 122 STAT. 34]]

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

    (a) Operational Test and Evaluation Required.--The Secretary of the 
Army, in cooperation with the Director, Operational Test and Evaluation, 
shall complete an operational test and evaluation (as defined in section 
139(a)(2)(A) of title 10, United States Code), of the FCS network in a 
realistic environment simulating operational conditions. The operational 
test and evaluation shall--
            (1) be conducted in accordance with a Future Combat Systems 
        Test and Evaluation Master Plan approved by the Director, 
        Operational Test and Evaluation;
            (2) be conducted using prototype equipment, sensors, and 
        software for the FCS network;
            (3) be conducted in a manner that simulates a full Future 
        Combat Systems brigade;
            (4) be conducted, to the maximum extent possible, using 
        actual communications equipment instead of computer simulations;
            (5) be conducted in a realistic operational electronic 
        warfare environment, including enemy electronic warfare and 
        network attacks; and
            (6) include, to the maximum extent possible, all sensor 
        information feeds the FCS network is designed to incorporate.

    (b) FCS Network Defined.--In this section, the term ``FCS network'' 
includes all sensors, information systems, computers, and

[[Page 122 STAT. 35]]

communications systems necessary to support Future Combat Systems 
brigade operations.
    (c) Report.--Not later than 120 days after completing the 
operational test and evaluation required by subsection (a), the 
Director, Operational Test and Evaluation shall submit to the 
congressional defense committees a report on the outcome of the 
operational test and evaluation. The report shall include, at a 
minimum--
            (1) an evaluation of the overall operational effectiveness 
        of the FCS network, including--
                    (A) an evaluation of the FCS network's capability to 
                transmit the volume and classes of data required by 
                Future Combat Systems approved requirements; and
                    (B) an evaluation of the FCS network's performance 
                in a degraded condition due to enemy network attack, 
                sophisticated enemy electronic warfare, adverse weather 
                conditions, and terrain variability;
            (2) an evaluation of the FCS network's ability to improve 
        friendly force knowledge of the location and capability of enemy 
        forces and combat systems; and
            (3) an evaluation of the overall operational suitability of 
        the FCS network.

    (d) Limitation Pending Submission of Report.--
            (1) In general.--No funds, with the exception of funds for 
        advanced procurement, appropriated pursuant to an authorization 
        of appropriations or otherwise made available to the Department 
        of the Army for any fiscal year may be obligated for low-rate 
        initial production or full-rate production of Future Combat 
        Systems manned ground vehicles until 60 days after the date on 
        which the report is submitted under subsection (c).
            (2) Waiver authority.--The Secretary of Defense may waive 
        the limitation in paragraph (1) if the Secretary determines that 
        such a waiver is critical for national security. Such a waiver 
        shall not become effective until 45 days after the date on which 
        the Secretary submits to the congressional defense committees a 
        written notice of the waiver.
            (3) Inapplicability to the non line of sight cannon 
        vehicle.--The limitation in paragraph (1) does not apply to the 
        Non Line of Sight Cannon vehicle.

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

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

[[Page 122 STAT. 36]]

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

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

SEC. 214. <<NOTE: 10 USC 2521 note.>> LIMITATION ON USE OF FUNDS FOR 
            DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.

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

SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.

    (a) <<NOTE: Deadlines.>> Transfer of Funds.--(1) Of the amount 
authorized to be appropriated by section 201(3) for research, 
development, test, and evaluation, Air Force activities, and made 
available for the activities of the Intelligence Systems Support Office, 
an aggregate of $13,000,000 shall be transferred to the Advanced Sensor 
Applications Program not later than 60 days after the date of the 
enactment of this Act.

    (2) Of the amount authorized to be appropriated by section 301(2) 
for operation and maintenance, Navy activities, and made available for 
the activities of the Office of Naval Intelligence, an aggregate of 
$5,000,000 shall be transferred to the Advanced Sensor Applications 
Program not later than 60 days after the date of the enactment of this 
Act.
    (b) Assignment of Program.--Management of the program shall reside 
within the office of the Under Secretary of Defense for Intelligence 
until certain conditions specified in the classified annex to the 
statement of managers accompanying this Act are

[[Page 122 STAT. 37]]

met. The program shall be executed by the Commander, Naval Air Systems 
Command in consultation with the Program Executive Officer for Aviation 
for the Navy.

SEC. 216. ACTIVE PROTECTION SYSTEMS.

    (a) Live-Fire Tests Required.--
            (1) In general.--The Secretary of Defense shall undertake 
        live-fire tests, of appropriate foreign and domestic active 
        protection systems with size, weight, and power characteristics 
        suitable for protecting wheeled tactical vehicles, especially 
        light wheeled tactical vehicles, in order--
                    (A) to determine the effectiveness of such systems 
                for protecting wheeled tactical vehicles; and
                    (B) to develop information useful in the 
                consideration of the adoption of such systems in defense 
                acquisition programs.
            (2) Reports.--Not later than March 1 of each of 2008 and 
        2009, the Secretary shall submit to the congressional defense 
        committees a report on the results of the tests undertaken under 
        paragraph (1) as of the date of such report.
            (3) Funding.--The live-fire tests required by paragraph (1) 
        shall be conducted using funds authorized and appropriated for 
        the Joint Improvised Explosive Device Defeat Fund.

    (b) Comprehensive Assessment Required.--
            (1) In general.--The Secretary shall undertake a 
        comprehensive assessment of active protection systems in order 
        to develop information useful in the development of joint active 
        protection systems and other defense programs.
            (2) Elements.--The assessment under paragraph (1) shall 
        include--
                    (A) an identification of the potential merits and 
                operational costs of the use of active protection 
                systems by United States military forces;
                    (B) a characterization of the threats that use of 
                active protection systems by potential adversaries would 
                pose to United States military forces and weapons;
                    (C) an identification and assessment of 
                countermeasures to active protection systems;
                    (D) an analysis of collateral damage potential of 
                active protection systems;
                    (E) an identification and assessment of emerging 
                direct-fire and top-attack threats to defense systems 
                that could potentially deploy active protection systems; 
                and
                    (F) an identification and assessment of critical 
                technology elements of active protection systems.
            (3) Report.--Not later than December 31, 2008, the Secretary 
        shall submit to the congressional defense committees a report on 
        the assessment under paragraph (1).

                  Subtitle C--Ballistic Missile Defense

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

    Section 139 of title 10, United States Code, is amended--

[[Page 122 STAT. 38]]

            (1) by redesignating subsections (f) through (j) as 
        subsections (g) through (k), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f)(1) <<NOTE: Records.>> The Director of the Missile Defense 
Agency shall make available to the Director of Operational Test and 
Evaluation the results of all tests and evaluations conducted by the 
Missile Defense Agency and of all studies conducted by the Missile 
Defense Agency in connection with tests and evaluations in the Missile 
Defense Agency.

    ``(2) The Director of Operational Test and Evaluation may require 
that such observers as the Director designates be present during the 
preparation for and the conducting of any test and evaluation conducted 
by the Missile Defense Agency.
    ``(3) The Director of Operational Test and Evaluation shall have 
access to all records and data in the Department of Defense (including 
the records and data of the Missile Defense Agency) that the Director 
considers necessary to review in order to carry out his duties under 
this subsection.''.

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

    (a) In General.--The Secretary of Defense shall enter into an 
agreement with 1 of the Federally Funded Research and Development 
Centers under which the Center shall carry out an independent study to 
examine, and make recommendations with respect to, the long-term 
structure, roles, and missions of the Missile Defense Agency.
    (b) Matters Included.--
            (1) Review.--The study shall include a full review of the 
        structure, roles, and missions of the Missile Defense Agency.
            (2) Assessments.--The study shall include an examination and 
        assessment of the current and future--
                    (A) structure, roles, and missions of the Missile 
                Defense Agency;
                    (B) relationship of the Missile Defense Agency 
                with--
                          (i) the Office of the Under Secretary of 
                      Defense for Acquisition, Technology, and 
                      Logistics;
                          (ii) the Office of the Under Secretary of 
                      Defense for Policy;
                          (iii) the Director of Operational Test and 
                      Evaluation;
                          (iv) the Commander of the United States 
                      Strategic Command and other combatant commanders;
                          (v) the Joint Requirements Oversight Council; 
                      and
                          (vi) the military departments;
                    (C) operations and sustainment of missile defenses;
                    (D) acquisition process for missile defense;
                    (E) requirements process for missile defense; and
                    (F) transition and transfer of missile defense 
                capabilities to the military departments.
            (3) Recommendations.--The study shall include 
        recommendations as to how the Missile Defense Agency can be made 
        more effective to support the needs of the warfighter, 
        especially with regard to near-term missile defense 
        capabilities. The study shall also examine the full range of 
        options for

[[Page 122 STAT. 39]]

        the future of the Missile Defense Agency and shall include, but 
        not be limited to, specific recommendations as to whether--
                    (A) the Missile Defense Agency should be maintained 
                in its current configuration;
                    (B) the scope and nature of the Missile Defense 
                Agency should be changed from an organization focused on 
                research and development to an organization focused on 
                combat support;
                    (C) any functions and responsibilities should be 
                added to the Missile Defense Agency, in part or in 
                whole, from other entities such as the United States 
                Strategic Command and the military departments; and
                    (D) any functions and responsibilities of the 
                Missile Defense Agency should be transferred, in part or 
                in whole, to other entities such as the United States 
                Strategic Command and the military departments.

    (c) Cooperation From Government.--In carrying out the study, the 
Federally Funded Research and Development Center shall receive the full 
and timely cooperation of the Secretary of Defense and any other United 
States Government official in providing the Center with analyses, 
briefings, and other information necessary for the fulfillment of its 
responsibilities.
    (d) Report.--Not later than September 1, 2008, the Federally Funded 
Research and Development Center shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on its findings, conclusions, and 
recommendations.
    (e) Funding.--Funds for the study shall be provided from amounts 
appropriated for the Department of Defense.

SEC. 223. <<NOTE: 10 USC 223 note.>> BUDGET AND ACQUISITION REQUIREMENTS 
            FOR MISSILE DEFENSE AGENCY ACTIVITIES.

    (a) Revised Budget Structure.--The budget justification materials 
submitted to Congress in support of the Department of Defense budget for 
any fiscal year after fiscal year 2009 (as submitted with the budget of 
the President under section 1105(a) of title 31, United States Code) 
shall set forth separately amounts requested for the Missile Defense 
Agency for each of the following:
            (1) Research, development, test, and evaluation.
            (2) Procurement.
            (3) Operation and maintenance.
            (4) Military construction.

    (b) Revised Budget Structure for Fiscal Year 2009.--The budget 
justification materials submitted to Congress in support of the 
Department of Defense budget for fiscal year 2009 (as submitted with the 
budget of the President under section 1105(a) of title 31, United States 
Code) shall--
            (1) identify all known and estimated operation and support 
        costs; and
            (2) set forth separately amounts requested for the Missile 
        Defense Agency for each of the following:
                    (A) Research, development, test, and evaluation.
                    (B) Procurement or advance procurement of long lead 
                items, including for Terminal High Altitude Area Defense 
                firing units 3 and 4, and for Standard Missile-3 Block 
                1A interceptors.
                    (C) Military construction.

[[Page 122 STAT. 40]]

    (c) Availability of RDT&E Funds for Fiscal Year 2009.--Upon approval 
by the Secretary of Defense, and consistent with the plan submitted 
under subsection (f), funds appropriated pursuant to an authorization of 
appropriations or otherwise made available for fiscal year 2009 for 
research, development, test, and evaluation for the Missile Defense 
Agency--
            (1) may be used for the fielding of ballistic missile 
        defense capabilities approved previously by Congress; and
            (2) may not be used for--
                    (A) military construction activities; or
                    (B) procurement or advance procurement of long lead 
                items, including for Terminal High Altitude Area Defense 
                firing units 3 and 4, and for Standard Missile-3 Block 
                1A interceptors.

    (d) Full Funding Requirement Not Applicable to Use of Procurement 
Funds for Fiscal Years 2009 and 2010.--In any case in which funds 
appropriated pursuant to an authorization of appropriations or otherwise 
made available for procurement for the Missile Defense Agency for fiscal 
years 2009 and 2010 are used for the fielding of ballistic missile 
defense capabilities, the funds may be used for the fielding of those 
capabilities on an ``incremental'' basis, notwithstanding any law or 
policy of the Department of Defense that would otherwise require a 
``full funding'' basis.
    (e) Relationship to Other Law.--Nothing in this provision shall be 
construed to alter or otherwise affect in any way the applicability of 
the requirements and other provisions of section 234(a) through (d) of 
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108-375; 118 Stat. 1837; 10 U.S.C. 2431 note).
    (f) Plan Required.--Not <<NOTE: Deadline.>> later than March 1, 
2008, the Director of the Missile Defense Agency shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a plan for transitioning the 
Missile Defense Agency from using exclusively research, development, 
test, and evaluation funds to using procurement, military construction, 
operations and maintenance, and research, development, test, and 
evaluation funds for the appropriate budget activities, and for 
transitioning from incremental funding to full funding for fiscal years 
after fiscal year 2010.

    (g) Objectives for Acquisition Activities.--
            (1) In general.--Commencing as soon as practicable, but not 
        later than the submittal to Congress of the budget for the 
        President for fiscal year 2009 under section 1105(a) of title 
        31, United States Code, the Missile Defense Agency shall take 
        appropriate actions to achieve the following objectives in its 
        acquisition activities:
                    (A) Improved transparency.
                    (B) Improved accountability.
                    (C) Enhanced oversight.
            (2) Required actions.--In order to achieve the objectives 
        specified in paragraph (1), the Missile Defense Agency shall, at 
        a minimum, take actions as follows:
                    (A) Establish acquisition cost, schedule, and 
                performance baselines for each ballistic missile defense 
                system element that--

[[Page 122 STAT. 41]]

                          (i) has entered the equivalent of the systems 
                      development and demonstration phase of 
                      acquisition; or
                          (ii) is being produced and acquired for 
                      operational fielding.
                    (B) Provide unit cost reporting data for each 
                ballistic missile defense system element covered by 
                subparagraph (A), and secure independent estimation and 
                verification of such cost reporting data.
                    (C) Include, in the budget justification materials 
                described in subsection (a), a description of actions 
                being taken in the fiscal year in which such materials 
                are submitted, and the actions to be taken in the fiscal 
                year covered by such materials, to achieve such 
                objectives.
            (3) Specification of ballistic missile defense system 
        elements.--The ballistic missile defense system elements that, 
        as of October 2007, are ballistic missile defense system 
        elements covered by paragraph (2)(A) are the following elements:
                    (A) Ground-based Midcourse Defense.
                    (B) Aegis Ballistic Missile Defense.
                    (C) Terminal High Altitude Area Defense.
                    (D) Forward-Based X-band radar-Transportable (AN/
                TPY-2).
                    (E) Command, Control, Battle Management, and 
                Communications.
                    (F) Sea-Based X-band radar.
                    (G) Upgraded Early Warning radars.

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

    None <<NOTE: Certification.>>  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) <<NOTE: Japan.>> the United States and Japan have 
        reached an agreement to replace the unitary warhead on the SM-3 
        Block IIA missile; and
            (2) replacing the unitary warhead on the SM-3 Block IIA 
        missile with the Multiple Kill Vehicle will not delay the 
        expected deployment date of 2014-2015 for that missile.

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

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

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

    (a) General Limitation.--No funds authorized to be appropriated by 
this Act may be obligated or expended for procurement, site activation, 
construction, preparation of equipment for, or

[[Page 122 STAT. 42]]

deployment of a long-range missile defense system in Europe until the 
following conditions have been met:
            (1) The governments of the countries in which major 
        components of such missile defense system (including 
        interceptors and associated radars) are proposed to be deployed 
        have each given final approval to any missile defense agreements 
        negotiated between such governments and the United States 
        Government concerning the proposed deployment of such components 
        in their countries.
            (2) <<NOTE: Deadline.>> Forty five days have elapsed 
        following the receipt by Congress of the report required under 
        subsection (c)(6).

    (b) Additional Limitation.--
In <<NOTE: Reports. Certification.>> addition to the limitation in 
subsection (a), no funds authorized to be appropriated by this Act may 
be obligated or expended for the acquisition or deployment of 
operational missiles of a long-range missile defense system in Europe 
until the Secretary of Defense, after receiving the views of the 
Director of Operational Test and Evaluation, submits to Congress a 
report certifying that the proposed interceptor to be deployed as part 
of such missile defense system has demonstrated, through successful, 
operationally realistic flight testing, a high probability of working in 
an operationally effective manner.

    (c) Report on Independent Assessment for Ballistic Missile Defense 
in Europe.--
            (1) Independent assessment.--Not later than 30 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall select a federally funded research and development center 
        to conduct an independent assessment of options for ballistic 
        missile defense for forward deployed forces of the United States 
        and its allies in Europe and for the United States homeland.
            (2) Analysis of administration proposal.--The study shall 
        provide a full analysis of the Administration's proposal to 
        protect forward-deployed forces of the United States and its 
        allies in Europe, forward-deployed radars in Europe, and the 
        United States by deploying, in Europe, interceptors and radars 
        of the Ground-Based Midcourse Defense (GMD) system. In providing 
        the analysis, the study shall examine each of the following 
        matters:
                    (A) The threat to Europe and the United States of 
                ballistic missiles (including short-range, medium-range, 
                intermediate-range, and long-range ballistic missiles) 
                from Iran, including the likelihood and timing of such 
                threats.
                    (B) The technical capabilities of the system, as so 
                deployed, to effectively protect forward-deployed forces 
                of the United States and its allies in Europe, forward-
                deployed radars in Europe, and the United States against 
                the threat specified in subparagraph (A).
                    (C) The degree of coverage of the European territory 
                of members of the North Atlantic Treaty Organization.
                    (D) The political implications of such a deployment 
                on the United States, the North Atlantic Treaty 
                Organization, and other interested parties.
                    (E) Integration and interoperability with North 
                Atlantic Treaty Organization missile defenses.
                    (F) The operational issues associated with such a 
                deployment, including operational effectiveness.

[[Page 122 STAT. 43]]

                    (G) The force structure implications of such a 
                deployment, including a comparative analysis of 
                alternative deployment options.
                    (H) The budgetary implications of such a deployment, 
                including possible allied cost sharing, and the cost-
                effectiveness of such a deployment.
                    (I) Command and control arrangements, including any 
                command and control roles for the United States European 
                Command and the North Atlantic Treaty Organization.
                    (J) Potential opportunities for participation by the 
                Government of Russia.
            (3) Analysis of alternatives.--The study shall also provide 
        a full analysis of alternative systems that could be deployed to 
        fulfill, in whole or in part, the protective purposes of the 
        Administration's proposal. The alternative systems shall include 
        a range of feasible combinations of other missile defense 
        systems that are available or are expected to be available as of 
        2015 and 2020. These should include, but not be limited to, the 
        following:
                    (A) The Patriot PAC-3 system.
                    (B) The Medium Extended Air Defense System.
                    (C) The Aegis Ballistic Missile Defense system, with 
                all variants of the Standard Missile-3 interceptor.
                    (D) The Terminal High Altitude Area Defense (THAAD) 
                system.
                    (E) Forward-Based X-band Transportable (FBX-T) 
                radars.
                    (F) The Kinetic Energy Interceptor (KEI).
                    (G) Other non-United States, North Atlantic Treaty 
                Organization missile defense systems or components.
            (4) Matters examined.--In providing the analysis, the study 
        shall examine, for each alternative system included, each of the 
        matters specified in paragraph (2).
            (5) Cooperation of other agencies.--The Secretary of Defense 
        shall provide the federally funded research and development 
        center selected under paragraph (1) data, analyses, briefings, 
        and other information as the center considers necessary to carry 
        out the assessment described in that paragraph. Furthermore, the 
        Director of National Intelligence and the heads of other 
        departments and agencies of the United States Government shall 
        also provide the center the appropriate data, analyses, 
        briefings, and other information necessary for the purpose of 
        carrying out the assessment described in that paragraph.
            (6) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the federally funded research and 
        development center shall submit to the congressional defense 
        committees and the Secretary of Defense a report on the results 
        of the study. The report shall be in unclassified form, but may 
        include a classified annex.
            (7) Funding.--Of the amounts appropriated or otherwise made 
        available pursuant to the authorization of appropriations in 
        section 201(4), $1,000,000 is available to carry out the study 
        required by this subsection.

    (d) Construction.--Nothing in this section shall be construed to 
limit continuing obligation and expenditure of funds for missile

[[Page 122 STAT. 44]]

defense, including for research and development and for other activities 
not otherwise limited by subsection (a) or (b), including, but not 
limited to, site surveys, studies, analysis, and planning and design for 
the proposed missile defense deployment in Europe.

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

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

SEC. 228. <<NOTE: Certification.>> LIMITATION ON AVAILABILITY OF FUNDS 
            FOR DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA.

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

[[Page 122 STAT. 45]]

SEC. 229. <<NOTE: 10 USC 2431 note.>> POLICY OF THE UNITED STATES ON 
            PROTECTION OF THE UNITED STATES AND ITS ALLIES AGAINST 
            IRANIAN BALLISTIC MISSILES.

    (a) Finding.--Congress finds that Iran maintains a nuclear program 
in continued defiance of the international community while developing 
ballistic missiles of increasing sophistication and range that--
            (1) pose a threat to--
                    (A) the forward-deployed forces of the United 
                States;
                    (B) North Atlantic Treaty Organization (NATO) allies 
                in Europe; and
                    (C) other allies and friendly foreign countries in 
                the region; and
            (2) eventually could pose a threat to the United States 
        homeland.

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

                        Subtitle D--Other Matters

SEC. 231. <<NOTE: 10 USC 1701 note.>> COORDINATION OF HUMAN SYSTEMS 
            INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS.

    (a) In General.--The Secretary of Defense, acting through the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, shall 
coordinate and manage human systems integration activities throughout 
the acquisition programs of the Department of Defense.
    (b) Administration.--In carrying out subsection (a), the Secretary 
shall designate a senior official to be responsible for the effort.
    (c) Responsibilities.--In carrying out this section, the senior 
official designated in subsection (b) shall--
            (1) coordinate the planning, management, and execution of 
        such activities; and

[[Page 122 STAT. 46]]

            (2) identify and recommend, as appropriate, resource 
        requirements for human systems integration activities.

    (d) Designation.--The <<NOTE: Deadline.>> designation required by 
subsection (b) shall be made not later than 60 days after the date of 
the enactment of this Act.

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

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

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

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

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

    (a) Report Required.--Not later than September 1, 2008, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report on the implementation of the technologies and 
processes developed under the Manufacturing Technology Program required 
by section 2521 of title 10, United States Code.
    (b) Elements.--The report shall identify each technology or process 
implemented and, for each such technology or process, shall identify--
            (1) the project of the Manufacturing Technology Program 
        through which the technology or process was developed, the 
        Federal and non-Federal participants in that project, and the 
        duration of the project;
            (2) the organization or program implementing the technology 
        or process, and a description of the implementation;

[[Page 122 STAT. 47]]

            (3) the funding required to implement the technology or 
        process, including--
                    (A) funds provided by military departments and 
                Defense Agencies under the Manufacturing Technology 
                Program;
                    (B) funds provided by the Department of Defense, or 
                any element of the Department, to co-develop the 
                technology or process;
                    (C) to the maximum extent practicable, funds 
                provided by the Department of Defense, or any element of 
                the Department, to--
                          (i) mature the technology or process prior to 
                      transition to the Manufacturing Technology 
                      Program; and
                          (ii) provide for the implementation of the 
                      technology or process;
            (4) the total value of industry cost share, if applicable;
            (5) if applicable, the total value of cost avoidance or cost 
        savings directly attributable to the implementation of the 
        technology or process; and
            (6) a description of any system performance enhancements, 
        technology performance enhancements, or improvements in a 
        manufacturing readiness level of a system or a technology.

    (c) Definition.--For purposes of this section, the term 
``implementation'' refers to--
            (1) the use of a technology or process in the manufacture of 
        defense materiel;
            (2) the inclusion of a technology or process in the systems 
        engineering plan for a program of record; or
            (3) the use of a technology or process for the manufacture 
        of commercial items.

    (d) Scope.--The report shall include technologies or processes 
developed with funds appropriated or otherwise made available for the 
Manufacturing Technology programs of the military departments and 
Defense Agencies for fiscal years 2003 through 2005.

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

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

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

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

[[Page 122 STAT. 48]]

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

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

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

    (a) In General.--Section 2521 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) Five-Year Strategic Plan.--(1) The Secretary shall develop a 
plan for the program that includes the following:
            ``(A) The overall manufacturing technology goals, 
        milestones, priorities, and investment strategy for the program.
            ``(B) The objectives of, and funding for, the program for 
        each military department and each Defense Agency that shall 
        participate in the program during the period of the plan.

    ``(2) The Secretary shall include in the plan mechanisms for 
assessing the effectiveness of the program under the plan.
    ``(3) The Secretary shall update the plan on a biennial basis.
    ``(4) Each plan, and each update to the plan, shall cover a period 
of five fiscal years.''.
    (b) <<NOTE: 10 USC 2521 note.>>  Initial Development and Submission 
of Plan.--
            (1) Development.--The Secretary of Defense shall develop the 
        strategic plan required by subsection (e) of section 2521 of 
        title 10, United States Code (as added by subsection (a) of this 
        section), so that the plan goes into effect at the beginning of 
        fiscal year 2009.
            (2) Submission.--Not <<NOTE: Deadline.>>  later than the 
        date on which the budget of the President for fiscal year 2010 
        is submitted to Congress under section 1105 of title 31, United 
        States Code, the Secretary shall submit to the Committee on 
        Armed Services of the Senate and the Committee on Armed Services 
        of the House of Representatives the plan specified in paragraph 
        (1).

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

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

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

    (a) Program Purposes.--Subsection (b) of section 246 of the Bob 
Stump National Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note) is amended--
            (1) in paragraph (2), by striking ``in nanoscale research 
        and development'' and inserting ``in the National Nanotechnology 
        Initiative and with the National Nanotechnology Coordination 
        Office under section 3 of the 21st

[[Page 122 STAT. 49]]

        Century Nanotechnology Research and Development Act (15 U.S.C. 
        7502)''; and
            (2) in paragraph (3), by striking ``portfolio of fundamental 
        and applied nanoscience and engineering research initiatives'' 
        and inserting ``portfolio of nanotechnology research and 
        development initiatives''.

    (b) Program Administration.--
            (1) Administration through under secretary of defense for 
        acquisition, technology, and logistics.--Subsection (c) of such 
        section is amended--
                    (A) by striking ``the Director of Defense Research 
                and Engineering'' and inserting ``the Under Secretary of 
                Defense for Acquisition, Technology, and Logistics''; 
                and
                    (B) by striking ``The Director'' and inserting ``The 
                Under Secretary''.
            (2) Other administrative matters.--Such subsection is 
        further amended--
                    (A) in paragraph (2), by striking ``the Department's 
                increased investment in nanotechnology research and 
                development and the National Nanotechnology Initiative; 
                and'' and inserting ``investments by the Department and 
                other departments and agencies participating in the 
                National Nanotechnology Initiative in nanotechnology 
                research and development;'';
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) oversee Department of Defense participation in 
        interagency coordination of the program with other departments 
        and agencies participating in the National Nanotechnology 
        Initiative.''.

    (c) Program Activities.--Such section is further amended--
            (1) by striking subsection (d); and
            (2) by adding at the end the following new subsection (d):

    ``(d) Strategic Plan.--The Under Secretary shall develop and 
maintain a strategic plan for defense nanotechnology research and 
development that--
            ``(1) is integrated with the strategic plan for the National 
        Nanotechnology Initiative and the strategic plans of the 
        Director of Defense Research and Engineering, the military 
        departments, and the Defense Agencies; and
            ``(2) includes a clear strategy for transitioning the 
        research into products needed by the Department.''.

    (d) Reports.--Such section is further amended by adding at the end 
the following new subsection:
    ``(e) Reports.--
            ``(1) In general.--Not later than March 1 of each of 2009, 
        2011, and 2013, the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics shall submit to the congressional 
        defense committees a report on the program.
            ``(2) Matters included.--Each report under paragraph (1) 
        shall include the following:
                    ``(A) A review of--
                          ``(i) the long-term challenges and specific 
                      technical goals of the program; and

[[Page 122 STAT. 50]]

                          ``(ii) the progress made toward meeting such 
                      challenges and achieving such goals.
                    ``(B) An assessment of current and proposed funding 
                levels for the program, including an assessment of the 
                adequacy of such funding levels to support program 
                activities.
                    ``(C) A review of the coordination of activities 
                under the program within the Department of Defense, with 
                other departments and agencies of the United States, and 
                with the National Nanotechnology Initiative.
                    ``(D) A review and analysis of the findings and 
                recommendations relating to the Department of Defense of 
                the most recent triennial external review of the 
                National Nanotechnology Program under section 5 of the 
                21st Century Nanotechnology Research and Development Act 
                (15 U.S.C. 1704), and a description of initiatives of 
                the Department to implement such recommendations.
                    ``(E) An assessment of technology transition from 
                nanotechnology research and development to enhanced 
                warfighting capabilities, including contributions from 
                the Department of Defense Small Business Innovative 
                Research and Small Business Technology Transfer Research 
                programs, and the Department of Defense Manufacturing 
                Technology program, and an identification of acquisition 
                programs and deployed defense systems that are 
                incorporating nanotechnologies.
                    ``(F) An assessment of global nanotechnology 
                research and development in areas of interest to the 
                Department, including an identification of the use of 
                nanotechnologies in any foreign defense systems.
                    ``(G) An assessment of the defense nanotechnology 
                manufacturing and industrial base and its capability to 
                meet the near and far term requirements of the 
                Department.
                    ``(H) Such recommendations for additional activities 
                under the program to meet emerging national security 
                requirements as the Under Secretary considers 
                appropriate.
            ``(3) Classification.--Each report under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.''.

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

    (a) Assessment Required.--The Secretary of Defense shall--
            (1) utilize a defense federally funded research and 
        development center to carry out an assessment of the 
        effectiveness of the Defense Experimental Program to Stimulate 
        Competitive Research; and
            (2) <<NOTE: Deadline. Reports.>>  not later than nine months 
        after the date of the enactment of this Act, submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on that assessment.

    (b) Matters Assessed.--The report under subsection (a) shall include 
the following:
            (1) A description and assessment of the tangible results and 
        progress toward the objectives of the program, including--

[[Page 122 STAT. 51]]

                    (A) an identification of any past program activities 
                that led to, or were fundamental to, applications used 
                by, or supportive of, operational users; and
                    (B) an assessment of whether the program has 
                expanded the national research infrastructure.
            (2) An assessment whether the activities undertaken under 
        the program are consistent with the statute authorizing the 
        program.
            (3) An assessment whether the various elements of the 
        program, such as structure, funding, staffing, project 
        solicitation and selection, and administration, are working 
        effectively and efficiently to support the effective execution 
        of the program.
            (4) A description and assessment of past and ongoing 
        activities of State planning committees under the program in 
        supporting the achievement of the objectives of the program.
            (5) An analysis of the advantages and disadvantages of 
        having an institution-based formula for qualification to 
        participate in the program when compared with the advantages and 
        disadvantages of having a State-based formula for qualification 
        to participate in supporting defense missions and the objective 
        of expanding the Nation's defense research infrastructure.
            (6) An identification of mechanisms for improving the 
        management and implementation of the program, including 
        modification of the statute authorizing the program, Department 
        regulations, program structure, funding levels, funding 
        strategy, or the activities of the State committees.
            (7) Any other matters the Secretary considers appropriate.

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

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

SEC. 243. <<NOTE: 10 USC 113 note.>>  PROMPT GLOBAL STRIKE.

    (a) Research, Development, and Testing Plan.--The Secretary of 
Defense shall submit to the congressional defense committees a research, 
development, and testing plan for prompt global strike program 
objectives for fiscal years 2008 through 2013.
    (b) Plan for Obligation and Expenditure of Funds.--
            (1) In general.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics shall submit to the 
        congressional defense committees a plan for obligation and 
        expenditure of funds available for prompt global strike for 
        fiscal year 2008. The plan shall include correlations between 
        each technology application being developed in fiscal year 2008 
        and the prompt global strike alternative or alternatives toward 
        which the technology application applies.

[[Page 122 STAT. 52]]

            (2) Limitation.--The <<NOTE: Deadline.>>  Under Secretary 
        shall not implement the plan required by paragraph (1) until at 
        least 10 days after the plan is submitted as required by that 
        paragraph.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

              Subtitle D--Extension of Program Authorities

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

                           Subtitle E--Reports

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

[[Page 122 STAT. 53]]

Sec. 361. Report and master infrastructure recapitalization plan for 
           Cheyenne Mountain Air Station, Colorado.

                        Subtitle F--Other Matters

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

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

[[Page 122 STAT. 54]]

                  Subtitle B--Environmental Provisions

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

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

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(16) for 
operation and maintenance for Environmental Restoration, Defense-wide.
    (c) Use of Funds.--The Environmental Protection Agency shall use the 
amount transferred under subsection (a) to pay costs incurred by the 
Agency at the Moses Lake Wellfield Superfund Site.

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

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

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(16) for 
operation and maintenance for Environmental Restoration, Defense-wide.
    (c) Use of Funds.--The Environmental Protection Agency shall use the 
amount transferred under subsection (a) to pay costs

[[Page 122 STAT. 55]]

incurred by the Agency pursuant to the agreement described in paragraph 
(2) of such subsection.

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

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

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(14) for 
operation and maintenance for Environmental Restoration, Navy.
    (c) Use of Funds.--The amount transferred under subsection (a) shall 
be used by the Environmental Protection Agency to pay the penalty 
described under paragraph (2) of such subsection.

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

    (a) Findings.--Congress finds the following:
            (1) The brown tree snake (Boiga irregularis), an invasive 
        species, is found in significant numbers on military 
        installations and in other areas on Guam, and constitutes a 
        serious threat to the ecology of Guam.
            (2) If introduced into Hawaii, the Commonwealth of the 
        Northern Mariana Islands, or the continental United States, the 
        brown tree snake would pose an immediate and serious economic 
        and ecological threat.
            (3) The most probable vector for the introduction of the 
        brown tree snake into Hawaii, the Commonwealth of the Northern 
        Mariana Islands, or the continental United States is the 
        movement from Guam of military aircraft, personnel, and cargo, 
        including the household goods of military personnel and other 
        military assets.
            (4) It is probable that the movement of military aircraft, 
        personnel, and cargo, including the household goods of military 
        personnel, from Guam to Hawaii, the Commonwealth of the Northern 
        Mariana Islands, or the continental United States will increase 
        significantly coincident with the increase in the number of 
        military units and personnel stationed on Guam.
            (5) Current policies, programs, procedures, and dedicated 
        resources of the Department of Defense and of other departments 
        and agencies of the United States may not be sufficient to 
        adequately address the management, control, and eradication of 
        the brown tree snake on Guam and the increasing threat of the 
        introduction of the brown tree snake from Guam into Hawaii, the 
        Commonwealth of the Northern Mariana Islands,

[[Page 122 STAT. 56]]

        the continental United States, or other non-native environments.

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the following:
            (1) The actions currently being taken (including the 
        resources being made available) by the Department of Defense to 
        control, and to develop new or existing techniques to control, 
        the brown tree snake on Guam and to prevent the introduction of 
        the brown tree snake into Hawaii, the Commonwealth of the 
        Northern Mariana Island, the continental United States, or any 
        other non-native environment as a result of the movement from 
        Guam of military aircraft, personnel, and cargo, including the 
        household goods of military personnel and other military assets. 
        Such actions shall include any actions taken by the Department 
        of Defense to implement the recommendations of the Brown Tree 
        Snake Review Panel commissioned by the Department of the 
        Interior, as contained in the Review Panel's final report 
        entitled ``Review of Brown Tree Snake Problems and Control 
        Programs'' published in March 2005.
            (2) Current plans for enhanced future actions, policies, and 
        procedures and increased levels of resources in order to ensure 
        that the projected increase of military personnel stationed on 
        Guam does not increase the threat of introduction of the brown 
        tree snake from Guam into Hawaii, the Commonwealth of the 
        Northern Mariana Islands, the continental United States, or 
        other non-native environments.
            (3) The results of management, control, and eradication 
        carried out by the Secretary of Defense, in consultation with 
        the Secretary of the Interior, before the date on which the 
        report is submitted with respect to brown tree snakes through 
        the integrated natural resource management plans prepared for 
        military installations in Guam under the pilot program 
        authorized by section 101(g) of the Sikes Act (16 U.S.C. 
        670a(g)).

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

    (a) Notification of Individuals Served by Tarawa Terrace Water 
Distribution System, Including Knox Trailer Park.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary of the Navy 
shall make reasonable efforts to identify and notify directly 
individuals who were served by the Tarawa Terrace Water Distribution 
System, including Knox Trailer Park, at Camp Lejeune, North Carolina, 
during the years 1958 through 1987 that they may have been exposed to 
drinking water contaminated with tetrachloroethylene (PCE).
    (b) Notification of Individuals Served by Hadnot Point Water 
Distribution System.--Not later than 1 year after the Agency for Toxic 
Substances and Disease Registry (ATSDR) completes its water modeling 
study of the Hadnot Point water distribution system, the Secretary of 
the Navy shall make reasonable efforts to identify and notify directly 
individuals who were served by the system during the period identified 
in the study of the drinking water contamination to which they may have 
been exposed.
    (c) Notification of Former Civilian Employees at Camp Lejeune.--Not 
later than 1 year after the date of the enactment

[[Page 122 STAT. 57]]

of this Act, the Secretary of the Navy shall make reasonable efforts to 
identify and notify directly civilian employees who worked at Camp 
Lejeune during the period identified in the ATSDR drinking water study 
of the drinking water contamination to which they may have been exposed.
    (d) Circulation of Health Survey.--
            (1) Findings.--Congress makes the following findings:
                    (A) Notification and survey efforts related to the 
                drinking water contamination described in this section 
                are necessary due to the potential negative health 
                impacts of these contaminants.
                    (B) The Secretary of the Navy will not be able to 
                identify or contact all former residents and former 
                employees due to the condition, non-existence, or 
                accessibility of records.
                    (C) It is the intent of Congress that the Secretary 
                of the Navy contact as many former residents and former 
                employees as quickly as possible.
            (2) ATSDR health survey.--
                    (A) Development.--
                          (i) In general.--Not later than 120 days after 
                      the date of the enactment of this Act, the ATSDR, 
                      in consultation with a well-qualified contractor 
                      selected by the ATSDR, shall develop a health 
                      survey that would voluntarily request of 
                      individuals described in subsections (a), (b), and 
                      (c) personal health information that may lead to 
                      scientifically useful health information 
                      associated with exposure to trichloroethylene 
                      (TCE), PCE, vinyl chloride, and the other 
                      contaminants identified in the ATSDR studies that 
                      may provide a basis for further reliable 
                      scientific studies of potentially adverse health 
                      impacts of exposure to contaminated water at Camp 
                      Lejeune.
                          (ii) Funding.--The Secretary of the Navy is 
                      authorized to provide from available funds the 
                      necessary funding for the ATSDR to develop the 
                      health survey.
                    (B) Inclusion with notification.--The survey 
                developed under subparagraph (A) shall be distributed by 
                the Secretary of the Navy concurrently with the direct 
                notification required under subsections (a), (b), and 
                (c).

    (e) Use of Media To Supplement Notification.--The Secretary of the 
Navy may use media notification as a supplement to direct notification 
of individuals described under subsections (a), (b), and (c). Media 
notification may reach those individuals not identifiable via remaining 
records. Once individuals respond to media notifications, the Secretary 
will add them to the contact list to be included in future information 
updates.

[[Page 122 STAT. 58]]

                 Subtitle C--Workplace and Depot Issues

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

    (a) In General.--Notwithstanding section 2208 of title 10, United 
States Code, funds in the Defense Information Systems Agency Working 
Capital Fund may be used for expenses directly related to technology 
upgrades to the Defense Information Systems Network.
    (b) Limitation on Certain Projects.--Funds may not be used under 
subsection (a) for--
            (1) any technology insertion to the Defense Information 
        Systems Network that significantly changes the performance 
        envelope of an end item; or
            (2) any component with an estimated total cost in excess of 
        $500,000.

    (c) Limitation in Fiscal Year Pending Timely Report.--If in any 
fiscal year the report required by paragraph (1) of subsection (d) is 
not submitted by the date specified in paragraph (2) of subsection (d), 
funds may not be used under subsection (a) in such fiscal year during 
the period--
            (1) beginning on the date specified in paragraph (2) of 
        subsection (d); and
            (2) ending on the date of the submittal of the report under 
        paragraph (1) of subsection (d).

    (d) Annual Report.--
            (1) In general.--The Director of the Defense Information 
        Systems Agency shall submit to the congressional defense 
        committees each fiscal year a report on the use of the authority 
        in subsection (a) during the preceding fiscal year.
            (2) Deadline for submittal.--The report required by 
        paragraph (1) in a fiscal year shall be submitted not later than 
        60 days after the date of the submittal to Congress of the 
        budget of the President for the succeeding fiscal year pursuant 
        to section 1105 of title 31, United States Code.

    (e) Sunset.--The authority in subsection (a) shall expire on October 
1, 2011.

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

    (a) Comparison of Retirement System Costs.--Section 2461(a)(1) of 
title 10, United States Code, is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following new 
        subparagraph (G):
            ``(G) requires that the contractor shall not receive an 
        advantage for a proposal that would reduce costs for the 
        Department of Defense by--
                    ``(i) not making an employer-sponsored health 
                insurance plan (or payment that could be used in lieu of 
                such a plan), health savings account, or medical savings 
                account

[[Page 122 STAT. 59]]

                available to the workers who are to be employed to 
                perform the function under the contract;
                    ``(ii) offering to such workers an employer-
                sponsored health benefits plan that requires the 
                employer to contribute less towards the premium or 
                subscription share than the amount that is paid by the 
                Department of Defense for health benefits for civilian 
                employees of the Department under chapter 89 of title 5; 
                or
                    ``(iii) offering to such workers a retirement 
                benefit that, in any year, costs less than the annual 
                retirement cost factor applicable to civilian employees 
                of the Department of Defense under chapter 84 of title 
                5; and''.

    (b) Conforming Amendments.--Such title is further amended--
            (1) by striking section 2467; and
            (2) in section 2461--
                    (A) by redesignating subsections (b) through (d) as 
                subsections (c) through (e), respectively; and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):

    ``(b) Requirement to Consult DOD Employees.--(1) Each officer or 
employee of the Department of Defense responsible for determining under 
Office of Management and Budget Circular A-76 whether to convert to 
contractor performance any function of the Department of Defense--
            ``(A) shall, at least monthly during the development and 
        preparation of the performance work statement and the management 
        efficiency study used in making that determination, consult with 
        civilian employees who will be affected by that determination 
        and consider the views of such employees on the development and 
        preparation of that statement and that study; and
            ``(B) may consult with such employees on other matters 
        relating to that determination.

    ``(2)(A) In the case of employees represented by a labor 
organization accorded exclusive recognition under section 7111 of title 
5, consultation with representatives of that labor organization shall 
satisfy the consultation requirement in paragraph (1).
    ``(B) In the case of employees other than employees referred to in 
subparagraph (A), consultation with appropriate representatives of those 
employees shall satisfy the consultation requirement in paragraph (1).
    ``(C) <<NOTE: Regulations.>>  The Secretary of Defense shall 
prescribe regulations to carry out this subsection. The regulations 
shall include provisions for the selection or designation of appropriate 
representatives of employees referred to in subparagraph (B) for 
purposes of the consultation required by paragraph (1).''.

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

[[Page 122 STAT. 60]]

    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 146 of such title is amended by striking the item relating to 
section 2467.

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

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

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

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

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

    ``(a) Guidelines Required.--(1) The Under Secretary of Defense for 
Personnel and Readiness shall devise and implement guidelines and 
procedures to ensure that consideration is given to using, on a regular 
basis, Department of Defense civilian employees to perform new functions 
and functions that are performed by contractors and could be performed 
by Department of Defense civilian employees. The Secretary of a military 
department may prescribe supplemental regulations, if the Secretary 
determines such regulations are necessary for implementing such 
guidelines within that military department.
    ``(2) The guidelines and procedures required under paragraph (1) may 
not include any specific limitation or restriction on the number of 
functions or activities that may be converted to performance by 
Department of Defense civilian employees.
    ``(b) Special Consideration for Certain Functions.--The guidelines 
and procedures required under subsection (a) shall provide for special 
consideration to be given to using Department of Defense civilian 
employees to perform any function that--
            ``(1) is performed by a contractor and--
                    ``(A) has been performed by Department of Defense 
                civilian employees at any time during the previous 10 
                years;
                    ``(B) is a function closely associated with the 
                performance of an inherently governmental function;
                    ``(C) has been performed pursuant to a contract 
                awarded on a non-competitive basis; or
                    ``(D) has been performed poorly, as determined by a 
                contracting officer during the 5-year period preceding 
                the date of such determination, because of excessive 
                costs or inferior quality; or

[[Page 122 STAT. 61]]

            ``(2) is a new requirement, with particular emphasis given 
        to a new requirement that is similar to a function previously 
        performed by Department of Defense civilian employees or is a 
        function closely associated with the performance of an 
        inherently governmental function.

    ``(c) Exclusion of Certain Functions From Competitions.--The 
Secretary of Defense may not conduct a public-private competition under 
this chapter, Office of Management and Budget Circular A-76, or any 
other provision of law or regulation before--
            ``(1) in the case of a new Department of Defense function, 
        assigning the performance of the function to Department of 
        Defense civilian employees;
            ``(2) in the case of any Department of Defense function 
        described in subsection (b), converting the function to 
        performance by Department of Defense civilian employees; or
            ``(3) in the case of a Department of Defense function 
        performed by Department of Defense civilian employees, expanding 
        the scope of the function.

    ``(d) Use of Flexible Hiring Authority.--(1) The Secretary of 
Defense may use the flexible hiring authority available to the Secretary 
under the National Security Personnel System, as established pursuant to 
section 9902 of title 5, to facilitate the performance by Department of 
Defense civilian employees of functions described in subsection (b).
    ``(2) <<NOTE: Inventory.>>  The Secretary shall make use of the 
inventory required by section 2330a(c) of this title for the purpose of 
identifying functions that should be considered for performance by 
Department of Defense civilian employees pursuant to subsection (b).

    ``(e) Definitions.--In this section the term `functions closely 
associated with inherently governmental functions' has the meaning given 
that term in section 2383(b)(3) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 2462 the following new item:

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

            (3) <<NOTE: 10 USC 2463 note.>>  Deadline for issuance of 
        guidelines and procedures.--The Secretary of Defense shall 
        implement the guidelines and procedures required under section 
        2463 of title 10, United States Code, as added by paragraph (1), 
        by not later than 60 days after the date of the enactment of 
        this Act.

    (b) Inspector General Report.--Not later than 180 days after the 
date of the enactment of this Act, the Inspector General of the 
Department of Defense shall submit to the congressional defense 
committees a report on the implementation of this section and the 
amendments made by this section.
    (c) Conforming Repeal.--The National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163) is amended by striking 
section <<NOTE: 10 USC 2461 note.>>  343.

SEC. 325. <<NOTE: 10 USC 2461 note.>>  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

[[Page 122 STAT. 62]]

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

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

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

[[Page 122 STAT. 63]]

                      under this subchapter that relates to such public-
                      private competition, has been designated as the 
                      agent of the Federal employees by a majority of 
                      such employees.''.

    (b) Expedited Action.--
            (1) In general.--Subchapter V of chapter 35 of such title is 
        amended by adding at the end the following new section:

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

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

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

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

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

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

[[Page 122 STAT. 64]]

``SEC. 43. <<NOTE: 41 USC 439.>>  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

[[Page 122 STAT. 65]]

Office of Management and Budget Circular A-76 whether to convert to 
contractor performance any function of the executive agency--
            ``(A) shall, at least monthly during the development and 
        preparation of the performance work statement and the management 
        efficiency study used in making that determination, consult with 
        civilian employees who will be affected by that determination 
        and consider the views of such employees on the development and 
        preparation of that statement and that study; and
            ``(B) may consult with such employees on other matters 
        relating to that determination.

    ``(2)(A) In the case of employees represented by a labor 
organization accorded exclusive recognition under section 7111 of title 
5, United States Code, consultation with representatives of that labor 
organization shall satisfy the consultation requirement in paragraph 
(1).
    ``(B) In the case of employees other than employees referred to in 
subparagraph (A), consultation with appropriate representatives of those 
employees shall satisfy the consultation requirement in paragraph (1).
    ``(C) <<NOTE: Regulations.>>  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) <<NOTE: Certification.>>  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)

[[Page 122 STAT. 66]]

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. <<NOTE: Deadline.>>  The objection shall be 
in writing and shall be submitted within 90 days after the following 
date:
            ``(i) In the case of a failure to submit the report when 
        required, the date on which the representative individual or an 
        official of the representative entity authorized to pose the 
        objection first knew or should have known of that failure.
            ``(ii) In the case of a failure to include the certification 
        in a submitted report, the date on which the report was 
        submitted to Congress.

    ``(B) If the head of the executive agency determines that the report 
required by paragraph (1) was not submitted or that the required 
certification was not included in the submitted report, the function for 
which the public-private competition was conducted for which the 
objection was submitted may not be the subject of a solicitation of 
offers for, or award of, a contract until, respectively, the report is 
submitted or a report containing the certification in full compliance 
with the certification requirement is submitted.
    ``(d) Exemption for the Purchase of Products and Services of the 
Blind and Other Severely Handicapped Persons.--This section shall not 
apply to a commercial or industrial type function of an executive agency 
that--
            ``(1) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 
        47); or
            ``(2) is planned to be changed to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped persons in accordance with 
        that Act.

    ``(e) Inapplicability During War or Emergency.--The provisions of 
this section shall not apply during war or during a period of national 
emergency declared by the President or Congress.''.
    (b) Clerical Amendment.--The table of sections in section 1(b) of 
such Act is amended by adding at the end the following new item:

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

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

    (a) Extension of Authority.--Section 4544 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``This authority may be used to enter into not more than eight 
        contracts or cooperative agreements.''; and
            (2) in subsection (k), by striking ``2009'' and inserting 
        ``2014''.

    (b) <<NOTE: 10 USC 4544 note.>>  Reports.--
            (1) Annual report on use of authority.--The Secretary of the 
        Army shall submit to Congress at the same time the budget of the 
        President is submitted to Congress for fiscal years 2009 through 
        2016 under section 1105 of title 31, United States Code, a 
        report on the use of the authority provided under section 4544 
        of title 10, United States Code.

[[Page 122 STAT. 67]]

            (2) Analysis of use of authority.--Not later than September 
        30, 2012, the Secretary of the Army shall submit to the 
        congressional defense committees a report assessing the 
        advisability of making such authority permanent and eliminating 
        the limitation on the number of contracts or cooperative 
        arrangements that may be entered into pursuant to such 
        authority.

SEC. 329. <<NOTE: 10 USC 5013 note.>>  REAUTHORIZATION AND MODIFICATION 
            OF MULTI-TRADES DEMONSTRATION PROJECT.

    (a) Reauthorization and Expansion.--Section 338 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 
U.S.C. 5013 note) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):

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

[[Page 122 STAT. 68]]

    (b) Clerical Amendment.--The heading for such section is amended to 
read as follows:

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

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

    (a) In General.--Notwithstanding section 2208 of title 10, United 
States Code, the Secretary of the Army may use a working-capital fund 
established pursuant to that section for expenses directly related to 
conducting a pilot program for a product improvement described in 
subsection (b).
    (b) Product Improvement.--A product improvement covered by the pilot 
program is the procurement and installation of a component or subsystem 
of a weapon system platform or major end item that would improve the 
reliability and maintainability, extend the useful life, enhance safety, 
lower maintenance costs, or provide performance enhancement of the 
weapon system platform or major end item.
    (c) Limitation on Certain Projects.--Funds may not be used under 
subsection (a) for--
            (1) any product improvement that significantly changes the 
        performance envelope of an end item; or
            (2) any component with an estimated total cost in excess of 
        $1,000,000.

    (d) Limitation in Fiscal Year Pending Timely Report.--If during any 
fiscal year the report required by paragraph (1) of subsection (e) is 
not submitted by the date specified in paragraph (3) of that subsection, 
funds may not be used under subsection (a) in such fiscal year during 
the period--
            (1) beginning on the date specified in paragraph (3) of 
        subsection (e); and
            (2) ending on the date of the submittal of the report under 
        paragraph (1) of subsection (e).

    (e) Annual Report.--
            (1) In general.--Each fiscal year, the Assistant Secretary 
        of the Army for Acquisition, Logistics, and Technology, in 
        consultation with the Assistant Secretary of the Army for 
        Financial Management and Comptroller, shall submit to the 
        congressional defense committees a report on the use of the 
        authority in subsection (a) during the preceding fiscal year.
            (2) Recommendation.--In the case of the report required to 
        be submitted under paragraph (1) during fiscal year 2012, the 
        report shall include the recommendation of the Assistant 
        Secretary of the Army for Acquisition, Logistics, and Technology 
        regarding whether the authority under subsection (a) should be 
        made permanent.
            (3) Deadline for submittal.--The report required by 
        paragraph (1) in a fiscal year shall be submitted not later than 
        60 days after the date of the submittal to Congress of the 
        budget of the President for the succeeding fiscal year pursuant 
        to section 1105 of title 31, United States Code.

    (f) Sunset.--The authority under subsection (a) shall expire on 
October 1, 2013.

[[Page 122 STAT. 69]]

              Subtitle D--Extension of Program Authorities

SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

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

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

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

    (b) Funding.--Amounts for reimbursements made under section 351 of 
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
2005 after the date of the enactment of this Act shall be derived from 
supplemental appropriations for the Department of Defense for fiscal 
year 2008, contingent upon such appropriations being enacted.

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

    (a) Extension.--Subsection (c) of section 332 of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314) <<NOTE: 116 Stat. 2513.>>  is amended by striking ``September 30, 
2009'' both places it appears and inserting ``September 30, 2012''.

    (b) Limitation for Fiscal Years 2010 Through 2012.--Subsection (d) 
of such section is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) for fiscal year 2010, the number equal to 70 percent 
        of the total number of such personnel employed under such 
        contracts on October 1, 2006;

[[Page 122 STAT. 70]]

            ``(5) for fiscal year 2011, the number equal to 60 percent 
        of the total number of such personnel employed under such 
        contracts on October 1, 2006; and
            ``(6) for fiscal year 2012, the number equal to 50 percent 
        of the total number of such personnel employed under such 
        contracts on October 1, 2006.''.

                           Subtitle E--Reports

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

    (a) Annual Reports on Equipment.--Section 10541(b) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(9) An assessment of the extent to which the National 
        Guard possesses the equipment required to perform the 
        responsibilities of the National Guard pursuant to sections 331, 
        332, 333, 12304(b), and 12406 of this title in response to an 
        emergency or major disaster (as such terms are defined in 
        section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122)). Such assessment 
        shall--
                    ``(A) identify any shortfall in equipment provided 
                to the National Guard by the Department of Defense 
                throughout the United States and the territories and 
                possessions of the United States that is likely to 
                affect the ability of the National Guard to perform such 
                responsibilities;
                    ``(B) evaluate the effect of any such shortfall on 
                the capacity of the National Guard to perform such 
                responsibilities in response to an emergency or major 
                disaster that occurs in the United States or a territory 
                or possession of the United States; and
                    ``(C) identify the requirements and investment 
                strategies for equipment provided to the National Guard 
                by the Department of Defense that are necessary to plan 
                for a reduction or elimination of any such shortfall.''.

    (b) Inclusion of Assessment of National Guard Readiness in Quarterly 
Personnel and Unit Readiness Report.--Section 482 of such title is 
amended--
            (1) in subsection (a), by striking ``and (e)'' and inserting 
        ``(e), and (f)'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f) Readiness of National Guard to Perform Civil Support 
Missions.--(1) Each report shall also include an assessment of the 
readiness of the National Guard to perform tasks required to support the 
National Response Plan for support to civil authorities.
    ``(2) Any information in an assessment under this subsection that is 
relevant to the National Guard of a particular State shall also be made 
available to the Governor of that State.
    ``(3) The Secretary shall ensure that each State Governor has an 
opportunity to provide to the Secretary an independent evaluation of 
that State's National Guard, which the Secretary shall include with each 
assessment submitted under this subsection.''.
    (c) <<NOTE: 10 USC 10541 note.>> Effective Date.--

[[Page 122 STAT. 71]]

            (1) Annual report on national guard and reserve component 
        equipment.--The amendment made by subsection (a) shall apply 
        with respect to reports submitted after the date of the 
        enactment of this Act.
            (2) <<NOTE: 10 USC 482 note.>>  Quarterly reports on 
        personnel and unit readiness.--The amendment made by subsection 
        (b) shall apply with respect to the quarterly report required 
        under section 482 of title 10, United States Code, for the 
        second quarter of fiscal year 2009 and each subsequent report 
        required under that section.

    (d) Report on Implementation.--
            (1) In general.--As part of the budget justification 
        materials submitted to Congress in support of the budget of the 
        President for each of fiscal years 2009 and 2010 (as submitted 
        under section 1105 of title 31, United States Code), the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on actions taken by the Secretary to 
        implement the amendments made by this section.
            (2) Elements.--Each report required under paragraph (1) 
        shall include a description of the mechanisms to be utilized by 
        the Secretary for assessing the personnel, equipment, and 
        training readiness of the National Guard, including the 
        standards and measures that will be applied and mechanisms for 
        sharing information on such matters with the Governors of the 
        States.

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

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

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

    ``(a) Annual Report Required.--Not later than the date of the 
submission of the President's budget request for a fiscal year under 
section 1105 of title 31, the Secretary of Defense shall submit to the 
congressional defense committees a report on the status of the materiel 
in the prepositioned stocks as of the end of the fiscal year preceding 
the fiscal year during which the report is submitted. Each report shall 
be unclassified and may contain a classified annex. Each report shall 
include the following information:
            ``(1) The level of fill for major end items of equipment and 
        spare parts in each prepositioned set as of the end of the 
        fiscal year covered by the report.
            ``(2) The material condition of equipment in the 
        prepositioned stocks as of the end of such fiscal year, grouped 
        by category or major end item.
            ``(3) A list of major end items of equipment drawn from the 
        prepositioned stocks during such fiscal year and a description 
        of how that equipment was used and whether it was returned to 
        the stocks after being used.
            ``(4) A timeline for completely reconstituting any shortfall 
        in the prepositioned stocks.
            ``(5) An estimate of the amount of funds required to 
        completely reconstitute any shortfall in the prepositioned 
        stocks

[[Page 122 STAT. 72]]

        and a description of the Secretary's plan for carrying out such 
        complete reconstitution.
            ``(6) A list of any operations plan affected by any 
        shortfall in the prepositioned stocks and a description of any 
        action taken to mitigate any risk that such a shortfall may 
        create.

    ``(b) Comptroller General Review.--(1) By not later than 120 days 
after the date on which a report is submitted under subsection (a), the 
Comptroller General shall review the report and, as the Comptroller 
General determines appropriate, submit to the congressional defense 
committees any additional information that the Comptroller General 
determines will further inform such committees on issues relating to the 
status of the materiel in the prepositioned stocks.
    ``(2) The Secretary of Defense shall ensure the full cooperation of 
the Department of Defense with the Comptroller General for purposes of 
the conduct of the review required by this subsection, both before and 
after each report is submitted under subsection (a). The Secretary shall 
conduct periodic briefings for the Comptroller General on the 
information covered by each report required under subsection (a) and 
provide to the Comptroller General access to the data and preliminary 
results to be used by the Secretary in preparing each such report before 
the Secretary submits the report to enable the Comptroller General to 
conduct each review required under paragraph (1) in a timely manner.
    ``(3) <<NOTE: Termination date.>>  The requirement to conduct a 
review under this subsection shall terminate on September 30, 2015.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

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

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

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

    (a) Submittal Date.--Subsection (a)(1) of section 345 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2156) is amended by striking ``June 1, 2007'' and 
inserting ``June 1, 2008''.
    (b) Elements.--Subsection (b) of such section is amended--
            (1) by striking paragraph (2);

[[Page 122 STAT. 73]]

            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) An assessment of the ability of the Army and Marine 
        Corps to provide trained and ready forces to meet the 
        requirements of increased force levels in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom above such force 
        levels in effect on January 1, 2007, and to meet the 
        requirements of other ongoing operations simultaneously with 
        such increased force levels.
            ``(3) An assessment of the strategic depth of the Army and 
        Marine Corps and their ability to provide trained and ready 
        forces to meet the requirements of the high-priority contingency 
        war plans of the regional combatant commands, including an 
        identification and evaluation for each such plan of--
                    ``(A) the strategic and operational risks associated 
                with current and projected forces of current and 
                projected readiness;
                    ``(B) the time required to make forces available and 
                prepare them for deployment; and
                    ``(C) likely strategic tradeoffs necessary to meet 
                the requirements of each such plan.''.

    (c) Department of Defense Cooperation.--Such section is further 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Department of Defense Cooperation.--The Secretary of Defense 
shall ensure the full cooperation of the Department of Defense with the 
Comptroller General for purposes of the preparation of the report 
required by this section.''.

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

    (a) Report Required.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for a fiscal 
year, the Secretary of Defense shall submit to the congressional defense 
committees a report on improving the readiness of the ground forces of 
active and reserve components of the Armed Forces. Each such report 
shall include--
            (1) a summary of the readiness of each reporting unit of the 
        ground forces of the active and reserve components and a summary 
        of the readiness of each major combat unit of each Armed Force 
        by readiness level;
            (2) an identification of the extent to which the actual 
        readiness ratings of the active and reserve components of the 
        Armed Forces have been upgraded based on the judgment of 
        commanders and any efforts of the Secretary of Defense to 
        analyze the trends and implications of such upgrades;
            (3) the goals of the Secretary of Defense for managing the 
        readiness of the ground forces of the active and reserve 
        components, expressed in terms of the number of units or 
        percentage of the force that the Secretary plans to maintain at 
        each level of readiness, and the Secretary's projected timeframe 
        for achieving each such goal;

[[Page 122 STAT. 74]]

            (4) a prioritized list of items and actions to be 
        accomplished during the fiscal year during which the report is 
        submitted, and during the fiscal years covered by the future-
        years defense program, that the Secretary of Defense believes 
        are necessary to significantly improve the readiness of the 
        ground forces of the active and reserve components and achieve 
        the goals and timeframes described in paragraph (3); and
            (5) a detailed investment strategy and plan for each fiscal 
        year covered by the future-years defense program under section 
        221 of title 10, United States Code, that is submitted during 
        the fiscal year in which the report is submitted, that outlines 
        the resources required to improve the readiness of the ground 
        forces of the active and reserve components, including a 
        description of how each resource identified in such plan relates 
        to funding requested by the Secretary in the Secretary's annual 
        budget, and how each such resource will specifically enable the 
        Secretary to achieve the readiness goals described in paragraph 
        (3) within the projected timeframes.

    (b) <<NOTE: Deadline.>>  Comptroller General Review.--By not later 
than 60 days after the date on which a report is submitted under 
subsection (a), the Comptroller General shall review the report and, as 
the Comptroller General determines appropriate, submit to the 
congressional defense committees any additional information that the 
Comptroller General determines will further inform the congressional 
defense committees on issues relating to the readiness of the ground 
forces of the active and reserve components of the Armed Forces.

    (c) Termination.--The requirement to submit a report under 
subsection (a) shall terminate on the date the Secretary of Defense 
submits the fifth report required under that subsection.

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

    (a) Independent Assessment Required.--The Secretary of Defense shall 
provide for an independent assessment of the viability of the Civil 
Reserve Air Fleet to be conducted by a federally-funded research and 
development center selected by the Secretary.
    (b) Contents of Assessment.--The assessment required by subsection 
(a) shall include each of the following:
            (1) An assessment of the Civil Reserve Air Fleet as of the 
        date of the enactment of this Act, including an assessment of--
                    (A) the level of increased use of commercial assets 
                to fulfill Department of Defense transportation 
                requirements as a result of the increased global 
                mobility requirements in response to the terrorist 
                attacks of September 11, 2001;
                    (B) the extent of charter air carrier participation 
                in fulfilling increased Department of Defense 
                transportation requirements as a result of the increased 
                global mobility requirements in response to the 
                terrorist attacks of September 11, 2001;
                    (C) any policy of the Secretary of Defense to limit 
                the percentage of income a single air carrier 
                participating in the Civil Reserve Air Fleet may earn 
                under contracts with the Secretary during any calendar 
                year and the effects of such policy on the air carrier 
                industry in peacetime

[[Page 122 STAT. 75]]

                and during periods during which the Armed Forces are 
                deployed in support of a contingency operation for which 
                the Civil Reserve Air Fleet is not activated; and
                    (D) any risks to the charter air carrier industry as 
                a result of the expansion of the industry in response to 
                contingency operations resulting in increased demand by 
                the Department of Defense.
            (2) A strategic assessment of the viability of the Civil 
        Reserve Air Fleet that compares such viability as of the date of 
        the enactment of this Act with the projected viability of the 
        Civil Reserve Air Fleet 5, 10, and 15 years after the date of 
        the enactment of this Act, including for activations at each of 
        stages 1, 2, and 3--
                    (A) an examination of the requirements of the 
                Department of Defense for the Civil Reserve Air Fleet 
                for the support of operational and contingency plans, 
                including any anticipated changes in the Department's 
                organic airlift capacity, logistics concepts, and 
                personnel and training requirements;
                    (B) an assessment of air carrier participation in 
                the Civil Reserve Air Fleet; and
                    (C) a comparison between the requirements of the 
                Department described in subparagraph (A) and air carrier 
                participation described in subparagraph (B).
            (3) An examination of any perceived barriers to Civil 
        Reserve Air Fleet viability, including--
                    (A) the operational planning system of the Civil 
                Reserve Air Fleet;
                    (B) the reward system of the Civil Reserve Air 
                Fleet;
                    (C) the long-term affordability of the Aviation War 
                Risk Insurance Program;
                    (D) the effect on United States air carriers 
                operating overseas routes during periods of Civil 
                Reserve Air Fleet activation;
                    (E) increased foreign ownership of United States air 
                carriers;
                    (F) increased operational costs during activation as 
                a result of hazardous duty pay, routing delays, and 
                inefficiencies in cargo handling by the Department of 
                Defense;
                    (G) the effect of policy initiatives by the 
                Secretary of Transportation to encourage international 
                code sharing and alliances; and
                    (H) the effect of limitations imposed by the 
                Secretary of Defense to limit commercial shipping 
                options for certain routes and package sizes.
            (4) Recommendations for improving the Civil Reserve Air 
        Fleet program, including an assessment of potential incentives 
        for increasing participation in the Civil Reserve Air Fleet 
        program, including establishing a minimum annual purchase amount 
        during peacetime.

    (c) Submission to Congress.--Upon the completion of the assessment 
required under subsection (a) and by not later than April 1, 2008, the 
Secretary shall submit to the congressional defense committees a report 
on the assessment.
    (d) Comptroller General Report.--Not later than 90 days after the 
report is submitted under subsection (c), the Comptroller

[[Page 122 STAT. 76]]

General shall conduct a review of the assessment required under 
subsection (a).

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

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

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

    (a) Review Required.--The Secretary of the Defense shall conduct a 
review of the training requirements of the Department of Defense for 
helicopter operations in high-altitude or power-limited conditions.
    (b) Content.--The review required under subsection (a) shall include 
an examination of--
            (1) power-management and high-altitude training requirements 
        by military department, helicopter, and crew position;
            (2) training methods and locations currently used by each of 
        the military departments to fulfill those training requirements;
            (3) department or service regulations that prohibit or 
        inhibit joint-service or inter-service high-altitude aviation 
        training;
            (4) costs for each of the previous 5 years associated with 
        transporting aircraft to and from the High-Altitude Aviation 
        Training Site, Gypsum, Colorado, for training purposes;
            (5) potential risk avoidance and reductions in accident 
        rates due to power management if training of the type offered at 
        the High-Altitude Aviation Training Site was required training, 
        rather than optional training; and
            (6) potential cost savings and operational benefits, if any, 
        of permanently stationing no less than 4 UH-60, 2 CH-47, and 2 
        LUH-72 aircraft at the High-Altitude Aviation Training Site, 
        Gypsum, Colorado.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the conduct and findings of the review required 
under subsection (a) along with a summary of changes to policy, 
regulation, or asset allocation necessary to

[[Page 122 STAT. 77]]

ensure that Department of Defense helicopter aircrews are adequately 
trained in high-altitude or power-limited flying conditions prior to 
being exposed to such conditions operationally.

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

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

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

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

[[Page 122 STAT. 78]]

    (c) Use of Report for Purposes of Certification Regarding Search and 
Rescue Capabilities.--Section 1085 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2065; 10 U.S.C. 113 note) is amended by striking ``unless the 
Secretary first certifies'' and inserting ``unless the Secretary, after 
reviewing the search and rescue capabilities report prepared by the 
Secretary of the Air Force under subsection (a), first certifies''.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Homeland Security and Governmental Affairs, the Committee on 
        Commerce, Science, and Transportation, the Committee on Energy 
        and Natural Resources, and the Committee on Appropriations of 
        the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Homeland Security, the Committee on Energy and Commerce, the 
        Committee on Natural Resources, and the Committee on 
        Appropriations of the House of Representatives.

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

    (a) Report on Relocation of North American Aerospace Defense Command 
Center.--
            (1) In general.--Not later than March 1, 2008, the Secretary 
        of Defense shall submit to Congress a report on the relocation 
        of the North American Aerospace Defense Command center and 
        related functions from Cheyenne Mountain Air Station, Colorado, 
        to Peterson Air Force Base, Colorado.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) an analysis comparing the total costs associated 
                with the relocation, including costs determined as part 
                of ongoing security-related studies of the relocation, 
                to anticipated operational benefits from the relocation;
                    (B) a detailed explanation of the backup functions 
                that will remain located at Cheyenne Mountain Air 
                Station, and how such functions planned to be 
                transferred out of Cheyenne Mountain Air Station, 
                including the Space Operations Center, will maintain 
                operational connectivity with their related commands and 
                relevant communications centers;
                    (C) the final plans for the relocation of the North 
                American Aerospace Defense Command center and related 
                functions; and
                    (D) the findings and recommendations of an 
                independent security and vulnerability assessment of 
                Peterson Air Force Base carried out by Sandia National 
                Laboratory for the United States Air Force Space Command 
                and the Secretary's plans for mitigating any security 
                and vulnerability risks identified as part of that 
                assessment and associated cost and schedule estimates.

    (b) Limitation on Availability of Funds Pending Receipt of Report.--
Of the funds appropriated pursuant to an authorization of appropriations 
or otherwise made available for fiscal year

[[Page 122 STAT. 79]]

2008 for operation and maintenance for the Air Force that are available 
for the Cheyenne Mountain Transformation project, $5,000,000 may not be 
obligated or expended until Congress receives the report required under 
subsection (a).
    (c) Comptroller General Review.--Not later than 120 days after the 
date on which the Secretary of Defense submits the report required under 
subsection (a), the Comptroller General shall submit to Congress a 
review of the report and the final plans of the Secretary for the 
relocation of the North American Aerospace Defense Command center and 
related functions.
    (d) Master Infrastructure Recapitalization Plan.--
            (1) In general.--Not later than March 16, 2008, the 
        Secretary of the Air Force shall submit to Congress a master 
        infrastructure recapitalization plan for Cheyenne Mountain Air 
        Station.
            (2) Content.--The plan required under paragraph (1) shall 
        include--
                    (A) a description of the projects that are needed to 
                improve the infrastructure required for supporting 
                missions associated with Cheyenne Mountain Air Station; 
                and
                    (B) a funding plan explaining the expected timetable 
                for the Air Force to support such projects.

                        Subtitle F--Other Matters

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

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

``Sec. 2228. <<NOTE: Establishment.>>  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.

[[Page 122 STAT. 80]]

    ``(4) The Secretary of Defense shall designate the position of 
Director as a critical acquisition position under section 1733(b)(1)(C) 
of this title.''.
            (2) Conforming amendments.--Section 2228(b) of such title is 
        amended--
                    (A) in paragraph (1), by striking ``official or 
                organization designated under subsection (a)'' and 
                inserting ``Director of Corrosion Policy and Oversight 
                (in this section referred to as the `Director')''; and
                    (B) in paragraphs (2), (3), (4), and (5), by 
                striking ``designated official or organization'' and 
                inserting ``Director''.

    (b) Additional Authority for Director of Office.--Section 2228 of 
such title is further amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Additional Authorities for Director.--The Director is 
authorized to--
            ``(1) develop, update, and coordinate corrosion training 
        with the Defense Acquisition University;
            ``(2) participate in the process within the Department of 
        Defense for the development of relevant directives and 
        instructions; and
            ``(3) interact directly with the corrosion prevention 
        industry, trade associations, other government corrosion 
        prevention agencies, academic research and educational 
        institutions, and scientific organizations engaged in corrosion 
        prevention, including the National Academy of Sciences.''.

    (c) Inclusion of Cooperative Research Agreements as Part of 
Corrosion Reduction Strategy.--Subsection (d)(2)(D) of section 2228 of 
such title, as redesignated by subsection (b), is amended by inserting 
after ``operational strategies'' the following: ``, including through 
the establishment of memoranda of agreement, joint funding agreements, 
public-private partnerships, university research and education centers, 
and other cooperative research agreements''.
    (d) Report Requirement.--Section 2228 of such title is further 
amended by inserting after subsection (d) (as redesignated by subsection 
(b)) the following new subsection:
    ``(e) Report.--(1) For each budget for a fiscal year, beginning with 
the budget for fiscal year 2009, the Secretary of Defense shall submit, 
with the defense budget materials, a report on the following:
            ``(A) Funding requirements for the long-term strategy 
        developed under subsection (d).
            ``(B) The return on investment that would be achieved by 
        implementing the strategy.
            ``(C) The funds requested in the budget compared to the 
        funding requirements.
            ``(D) An explanation if the funding requirements are not 
        fully funded in the budget.

    ``(2) Within 60 days after submission of the budget for a fiscal 
year, the Comptroller General shall provide to the congressional defense 
committees--

[[Page 122 STAT. 81]]

            ``(A) an analysis of the budget submission for corrosion 
        control and prevention by the Department of Defense; and
            ``(B) an analysis of the report required under paragraph 
        (1).''.

    (e) Definitions.--Subsection (f) of section 2228 of such title, as 
redesignated by subsection (b), is amended by adding at the end the 
following new paragraphs:
            ``(4) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(5) The term `defense budget materials', with respect to a 
        fiscal year, means the materials submitted to Congress by the 
        Secretary of Defense in support of the budget for that fiscal 
        year.''.

    (f) Clerical Amendment.--The table of sections at the beginning of 
chapter 131 of such title is amended by striking the item relating to 
section 2228 and inserting the following new item:

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

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

    (a) Provision of Support.--Section 2564 of title 10, United States 
Code, is amended--
            (1) in subsection (c), by adding at the end the following 
        new paragraphs:
            ``(4) A sporting event sanctioned by the United States 
        Olympic Committee through the Paralympic Military Program.
            ``(5) Any national or international paralympic sporting 
        event (other than a sporting event described in paragraphs (1) 
        through (4))--
                    ``(A) that--
                          ``(i) is held in the United States or any of 
                      its territories or commonwealths;
                          ``(ii) is governed by the International 
                      Paralympic Committee; and
                          ``(iii) is sanctioned by the United States 
                      Olympic Committee;
                    ``(B) for which participation exceeds 100 amateur 
                athletes; and
                    ``(C) in which at least 10 percent of the athletes 
                participating in the sporting event are members or 
                former members of the armed forces who are participating 
                in the sporting event based upon an injury or wound 
                incurred in the line of duty in the armed force and 
                veterans who are participating in the sporting event 
                based upon a service-connected disability.''; and
            (2) by adding at the end the following new subsection:

    ``(g) Funding for Support of Certain Events.--(1) Amounts for the 
provision of support for a sporting event described in paragraph (4) or 
(5) of subsection (c) may be derived from the Support for International 
Sporting Competitions, Defense account established by section 5802 of 
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208; 
10 U.S.C. 2564 note), notwithstanding any limitation under that section 
relating to the availability of funds in such account for the provision 
of support for international sporting competitions.

[[Page 122 STAT. 82]]

    ``(2) The total amount expended for any fiscal year to provide 
support for sporting events described in subsection (c)(5) may not 
exceed $1,000,000.''.
    (b) Source of Funds.--Section 5802 of the Omnibus Consolidated 
Appropriations Act, 1997 (Public Law 104-208; 10 U.S.C. 2564 note) is 
amended--
            (1) by inserting after ``international sporting 
        competitions'' the following: ``and for support of sporting 
        competitions authorized under section 2564(c)(4) and (5), of 
        title 10, United States Code,''; and
            (2) by striking ``45 days'' and inserting ``15 days''.

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

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

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

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

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

    ``(a) Priority Transportation.--The Secretary of Defense shall 
provide transportation on Department of Defense aircraft on a space-
available basis for any member or former member of the uniformed 
services described in subsection (b), and a single dependent of the 
member if needed to accompany the member, at a priority level in the 
same category as the priority level for an unaccompanied dependent over 
the age of 18 traveling on environmental and morale leave.
    ``(b) Eligible Members and Former Members.--A member or former 
member eligible for priority transport under subsection (a) is a covered 
beneficiary under chapter 55 of this title who--
            ``(1) is entitled to retired or retainer pay;
            ``(2) resides in or is located in a Commonwealth or 
        possession of the United States; and
            ``(3) is referred by a military or civilian primary care 
        provider located in that Commonwealth or possession to a 
        specialty care provider for services to be provided outside of 
        that Commonwealth or possession.

    ``(c) <<NOTE: Applicability.>>  Scope of Priority.--The increased 
priority for space-available transportation required by subsection (a) 
applies with respect to both--

[[Page 122 STAT. 83]]

            ``(1) the travel from the Commonwealth or possession of the 
        United States to receive the specialty care services; and
            ``(2) the return travel.

    ``(d) Definitions.--In this section, the terms `primary care 
provider' and `specialty care provider' refer to a medical or dental 
professional who provides health care services under chapter 55 of this 
title.
    ``(e) Regulations.--The Secretary of Defense shall prescribe 
regulations to implement this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2641a the following new item:

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

SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.

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

``Sec. 2788. Property accountability: regulations

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

``Sec. 2789. Individual equipment: unauthorized disposition

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

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

    (c) Conforming Amendments.--
            (1) In general.--Such title is further amended by striking 
        the following sections:
                    (A) Section 4832.
                    (B) Section 4836.

[[Page 122 STAT. 84]]

                    (C) Section 9832.
                    (D) Section 9836.
            (2) Clerical amendments.--
                    (A) Chapter 453.--The table of sections at the 
                beginning of chapter 453 of such title is amended by 
                striking the items relating to sections 4832 and 4836.
                    (B) Chapter 953.--The table of sections at the 
                beginning of chapter 953 of such title is amended by 
                striking the items relating to sections 9832 and 9836.

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

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

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

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

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

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

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

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

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

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

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

[[Page 122 STAT. 85]]

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

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

    ``(c) Regulations.--The Secretary of the Navy shall prescribe 
regulations to carry out this section, containing such other 
requirements as he considers necessary to safeguard the interests of the 
United States.

``Sec. 7913. Supplies: military instruction camps

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

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

SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.

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

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

[[Page 122 STAT. 86]]

                       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.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    (a) In General.--The Armed Forces are authorized strengths for 
active duty personnel as of September 30, 2008, as follows:
            (1) The Army, 525,400.
            (2) The Navy, 329,098.
            (3) The Marine Corps, 189,000.
            (4) The Air Force, 329,563.

    (b) Limitation.--
            (1) Army.--The authorized strength for the Army provided in 
        paragraph (1) of subsection (a) for active duty personnel for 
        fiscal year 2008 is subject to the condition that costs of 
        active duty personnel of the Army for that fiscal year in excess 
        of 489,400 shall be paid out of funds authorized to be 
        appropriated for that fiscal year by section 1514.
            (2) Marine corps.--The authorized strength for the Marine 
        Corps provided in paragraph (3) of subsection (a) for active 
        duty personnel for fiscal year 2008 is subject to the condition 
        that costs of active duty personnel of the Marine Corps for that 
        fiscal year in excess of 180,000 shall be paid out of funds 
        authorized to be appropriated for that fiscal year by section 
        1514.

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

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

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

    (a) Authority to Increase Army Active Duty End Strengths.--For each 
of fiscal years 2009 and 2010, the Secretary of Defense may, as the 
Secretary determines necessary for the purposes described in subsection 
(c), establish the active-duty end strength for the Army at a number 
greater than the number otherwise authorized by law up to the number 
equal to the fiscal-year 2008 baseline plus 22,000.

[[Page 122 STAT. 87]]

    (b) Marine Corps.--For each of fiscal years 2009 and 2010, the 
Secretary of Defense may, as the Secretary determines necessary for the 
purposes described in subsection (c), establish the active-duty end 
strength for the Marine Corps at a number greater than the number 
otherwise authorized by law up to the number equal to the fiscal-year 
2008 baseline plus 13,000.
    (c) Purpose of Increases.--The purposes for which increases may be 
made in Army and Marine Corps active duty end strengths under this 
section are--
            (1) to support operational missions; and
            (2) to achieve transformational reorganization objectives, 
        including objectives for increased numbers of combat brigades 
        and battalions, increased unit manning, force stabilization and 
        shaping, and rebalancing of the active and reserve component 
        forces.

    (d) Relationship to Presidential Waiver Authority.--Nothing in this 
section shall be construed to limit the President's authority under 
section 123a of title 10, United States Code, to waive any statutory end 
strength in a time of war or national emergency.
    (e) Relationship to Other Variance Authority.--The authority under 
this section is in addition to the authority to vary authorized end 
strengths that is provided in subsections (e) and (f) of section 115 of 
title 10, United States Code.
    (f) Budget Treatment.--
            (1) Fiscal years 2009 and 2010 budgets.--The budget for the 
        Department of Defense for fiscal years 2009 and 2010 as 
        submitted to Congress shall comply, with respect to funding, 
        with subsections (c) and (d) of section 691 of title 10, United 
        States Code.
            (2) Other increases.--If the Secretary of Defense plans to 
        increase the Army or Marine Corps active duty end strength for a 
        fiscal year under this section, then the budget for the 
        Department of Defense for that fiscal year as submitted to 
        Congress shall include the amounts necessary for funding that 
        active duty end strength in excess of the fiscal year 2008 
        active duty end strength authorized for that service under 
        section 401.

    (g) Definitions.--In this section:
            (1) Fiscal-year 2008 baseline.--The term ``fiscal-year 2008 
        baseline'', with respect to the Army and Marine Corps, means the 
        active-duty end strength authorized for those services in 
        section 401.
            (2) Active-duty end strength.--In this subsection, the term 
        ``active-duty end strength'' means the strength for active-duty 
        personnel of one of the Armed Forces as of the last day of a 
        fiscal year.

    (h) Repeal of Other Discretionary Authority to Temporarily Increase 
Army and Marine Corps Active Duty End Strengths.--Section 403 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108-375; 10 U.S.C. 115 note), as amended by section 403 of 
the John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2169), is repealed.

[[Page 122 STAT. 88]]

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

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

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

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

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

------------------------------------------------------------------------
``Total number of commissioned  Number of officers who may be serving on
 officers (excluding officers           active duty in grade of:
  in categories specified in   -----------------------------------------
   subsection (b)) on active     Lieutenant
             duty:                Commander     Commander      Captain
------------------------------------------------------------------------
  Navy:
  30,000                              7,698         5,269         2,222
  33,000                              8,189         5,501         2,334
  36,000                              8,680         5,733         2,447
  39,000                              9,172         5,965         2,559
  42,000                              9,663         6,197         2,671
  45,000                             10,155         6,429         2,784
  48,000                             10,646         6,660         2,896
  51,000                             11,136         6,889         3,007

[[Page 122 STAT. 89]]

 
  54,000                             11,628         7,121         3,120
  57,000                             12,118         7,352         3,232
  60,000                             12,609         7,583         3,344
  63,000                             13,100         7,813         3,457
  66,000                             13,591         8,044         3,568
  70,000                             14,245         8,352         3,718
  90,000                             17,517         9,890      4,467''.
------------------------------------------------------------------------

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

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2008, as follows:
            (1) The Army National Guard of the United States, 351,300.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 67,800.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 67,500.
            (7) The Coast Guard Reserve, 10,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

[[Page 122 STAT. 90]]

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

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

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

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

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

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard as 
        of September 30, 2008, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United States, 
                350.
            (2) Army reserve.--The number of non-dual status technicians 
        employed by the Army Reserve as of September 30, 2008, may not 
        exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2008, may not exceed 90.

    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.

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

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

[[Page 122 STAT. 91]]

            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

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

    (a) Review of Operational Support Missions Performed by Certain 
Reserve Component Personnel.--
            (1) Review required.--The Secretary of Defense shall conduct 
        a review of the long-term operational support missions performed 
        by members of the reserve components authorized under section 
        115(b) of title 10, United States Code, to be on active duty or 
        full-time National Guard duty for the purpose of providing 
        operational support, with the objectives of such review being--
                    (A) minimizing the number of reserve component 
                members who perform such service for a period greater 
                than 1,095 consecutive days, or cumulatively for 1,095 
                days out of the previous 1,460 days; and
                    (B) determining which long-term operational support 
                missions being performed by such members would more 
                appropriately be performed by members of the Armed 
                Forces on active duty under other provisions of title 
                10, United States Code, or by full-time support 
                personnel of reserve components.
            (2) Submission of results.--Not <<NOTE: Deadline.>>  later 
        than March 1, 2008, the Secretary shall submit to Congress the 
        results of the review, including a description of the 
        adjustments in Department of Defense policy to be implemented as 
        a result of the review and such recommendations for changes in 
        statute, as the Secretary considers to be appropriate.

    (b) Improved Accounting for Reserve Component Personnel Providing 
Operational Support.--Section 115(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(4) As part of the budget justification materials submitted by the 
Secretary of Defense to Congress in support of the end strength 
authorizations required under subparagraphs (A) and (B) of subsection 
(a)(1) for fiscal year 2009 and each fiscal year thereafter, the 
Secretary shall provide the following:
            ``(A) The number of members, specified by reserve component, 
        authorized under subparagraphs (A) and (B) of paragraph (1) who 
        were serving on active duty or full-time National Guard duty for 
        operational support beyond each of the limits specified under 
        subparagraphs (A) and (B) of paragraph (2) at the end of the 
        fiscal year preceding the fiscal year for which the budget 
        justification materials are submitted.
            ``(B) The number of members, specified by reserve component, 
        on active duty for operational support who, at the end of the 
        fiscal year for which the budget justification materials are 
        submitted, are projected to be serving on active duty or full-
        time National Guard duty for operational support beyond such 
        limits.
            ``(C) The number of members, specified by reserve component, 
        on active duty or full-time National Guard duty for operational 
        support who are included in, and counted against, the

[[Page 122 STAT. 92]]

        end strength authorizations requested under subparagraphs (A) 
        and (B) of subsection (a)(1).
            ``(D) A summary of the missions being performed by members 
        identified under subparagraphs (A) and (B).''.

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

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

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

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

                Subtitle B--Reserve Component Management

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

                   Subtitle C--Education and Training

Sec. 521. Revisions to authority to pay tuition for off-duty training or 
           education.
Sec. 522. Reduction or elimination of service obligation in an Army 
           Reserve or Army National Guard troop program unit for certain 
           persons selected as medical students at Uniformed Services 
           University of the Health Sciences.

[[Page 122 STAT. 93]]

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

        Subtitle D--Military Justice and Legal Assistance Matters

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

                       Subtitle E--Military Leave

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

                   Subtitle F--Decorations and Awards

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

     Subtitle G--Impact Aid and Defense Dependents Education System

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

                      Subtitle H--Military Families

Sec. 581. Department of Defense Military Family Readiness Council and 
           policy and plans for military family readiness.

[[Page 122 STAT. 94]]

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

                        Subtitle I--Other Matters

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

                  Subtitle A--Officer Personnel Policy

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

    (a) Continuation in Grade While Awaiting Orders.--Section 601(b) of 
title 10, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) <<NOTE: Deadline.>>  at the discretion of the 
        Secretary of Defense, while the officer is awaiting orders after 
        being relieved from the position designated under subsection (a) 
        or by law to carry one of those grades, but not for more than 60 
        days beginning on the day the officer is relieved from the 
        position, unless, during such period, the officer is placed 
        under orders to another position designated under subsection (a) 
        or by law to carry one of those grades, in which case paragraph 
        (2) will also apply to the officer; and''.

    (b) Conforming Amendment Regarding General and Flag Officer 
Ceilings.--Section 525(e) of such title is amended by striking paragraph 
(2) and inserting the following new paragraph:
            ``(2) <<NOTE: Deadline.>>  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.''.

[[Page 122 STAT. 95]]

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

    Section 526(d) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``The limitations''; and
            (2) by adding at the end the following new paragraph:

    ``(2) <<NOTE: Deadline.>>  The limitations of this section also do 
not apply to a number, as specified by the Secretary of the military 
department concerned, of reserve component general or flag officers 
authorized to serve on active duty for a period of not more than 365 
days. The number so specified for an armed force may not exceed the 
number equal to 10 percent of the authorized number of general or flag 
officers, as the case may be, of that armed force under section 12004 of 
this title. In determining such number, any fraction shall be rounded 
down to the next whole number, except that such number shall be at least 
one.''.

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

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

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

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

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

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

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

[[Page 122 STAT. 96]]

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

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

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

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

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

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

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

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

    (a) Promotion.--

[[Page 122 STAT. 97]]

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

``Sec. 6970. Permanent professors: promotion

    ``(a) Promotion.--An <<NOTE: Regulations.>>  officer serving as a 
permanent professor may be recommended for promotion to the grade of 
captain or colonel, as the case may be, under regulations prescribed by 
the Secretary of the Navy. The regulations shall include a competitive 
selection board process to identify those permanent professors best 
qualified for promotion. <<NOTE: President.>> An officer so recommended 
shall be promoted by appointment to the higher grade by the President, 
by and with the advice and consent of the Senate.

    ``(b) Effective Date of Promotion.--If made, the promotion of an 
officer under subsection (a) shall be effective not earlier than three 
years after the selection of the officer as a permanent professor as 
described in that subsection.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by striking the item 
        relating to section 6970 and inserting the following new items:

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

    (b) Conforming Amendments.--Section 641(2) of such title is 
amended--
            (1) by striking ``and the registrar'' and inserting ``, the 
        registrar''; and
            (2) by inserting before the period at the end the following: 
        ``, and permanent professors of the Navy (as defined in 
        regulations prescribed by the Secretary of the Navy)''.

    (c) Competitive Selection Assessment.--The Secretary of Defense 
shall conduct an assessment of the effectiveness of the promotion system 
established under section 6970 of title 10, United States Code, as added 
by subsection (a), for permanent professors of the United States Naval 
Academy, including an evaluation of the extent to which the 
implementation of the promotion system has resulted in a competitive 
environment for the selection of permanent professors and an evaluation 
of whether the goals of the permanent professor program have been 
achieved, including adequate career progression and promotion 
opportunities for participating officers. <<NOTE: Deadline. Reports.>>  
Not later than December 31, 2009, the Secretary shall submit to the 
congressional defense committees a report containing the results of the 
assessment.

    (d) Use of Exclusions From Authorized Officer Strengths.--
Not <<NOTE: Deadline. Reports.>> later than March 31, 2008, the 
Secretary of the Navy shall submit to the congressional defense 
committees a report describing the plans of the Secretary for 
utilization of authorized exemptions under section 523(b)(8) of title 
10, United States Code, and a discussion of the Navy's requirement, if 
any, and projections for use of additional exemptions by grade.

[[Page 122 STAT. 98]]

                Subtitle B--Reserve Component Management

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

    Section 10216 of title 10, United States Code, is amended by 
inserting after subsection (f) the following new subsection:
    ``(g) Retention of Military Technicians Who Lose Dual Status Due to 
Combat-Related Disability.--(1) Notwithstanding subsection (d) of this 
section or subsections (a)(3) and (b) of section 10218 of this title, if 
a military technician (dual status) loses such dual status as the result 
of a combat-related disability (as defined in section 1413a of this 
title), the person may be retained as a non-dual status technician so 
long as--
            ``(A) the combat-related disability does not prevent the 
        person from performing the non-dual status functions or 
        position; and
            ``(B) the person, while a non-dual status technician, is not 
        disqualified from performing the non-dual status functions or 
        position because of performance, medical, or other reasons.

    ``(2) A <<NOTE: Deadline.>>  person so retained shall be removed not 
later than 30 days after becoming eligible for an unreduced annuity and 
becoming 60 years of age.

    ``(3) Persons retained under the authority of this subsection do not 
count against the limitations of section 10217(c) of this title.''.

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

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

[[Page 122 STAT. 99]]

            ``(iii) Any health profession performed by officers in the 
        Medical Service Corps of the Army or the Navy or by officers of 
        the Air Force designated as a medical service officer or 
        biomedical sciences officer.
            ``(iv) Any health profession performed by officers in the 
        Army Medical Specialist Corps.
            ``(v) Any health profession performed by officers of the 
        Nurse Corps of the Army or the Navy or by officers of the Air 
        Force designated as a nurse.
            ``(vi) Any health profession performed by officers in the 
        Veterinary Corps of the Army or by officers designated as a 
        veterinary officer.''.

    (b) Conforming Amendment.--Paragraph (3) of such section is amended 
by striking ``a medical or dental officer'' and inserting ``officers 
covered by paragraph (2)''.

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

    (a) Mandatory Separation.--Section 14508 of title 10, United States 
Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice 
Admirals.--Unless retired, transferred to the Retired Reserve, or 
discharged at an earlier date, each reserve officer of the Army, Air 
Force, or Marine Corps in the grade of lieutenant general and each 
reserve officer of the Navy in the grade of vice admiral shall be 
separated in accordance with section 14514 of this title on the later of 
the following:
            ``(1) 30 days after completion of 38 years of commissioned 
        service.
            ``(2) The fifth anniversary of the date of the officer's 
        appointment in the grade of lieutenant general or vice 
        admiral.''.

    (b) Clerical Amendments.--Such section is further amended--
            (1) in subsection (a), by inserting ``for Brigadier Generals 
        and Rear Admirals (Lower Half)'' after ``Grade'' in the 
        subsection heading; and
            (2) in subsection (b), by inserting ``for Major Generals and 
        Rear Admirals'' after ``Grade'' in the subsection heading.

SEC. 514. <<NOTE: 10 USC 12301 note.>>  MAXIMUM PERIOD OF TEMPORARY 
            FEDERAL RECOGNITION OF PERSON AS ARMY NATIONAL GUARD OFFICER 
            OR AIR NATIONAL GUARD OFFICER.

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

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

    (a) Advance Notice Required.--The Secretary of a military department 
shall ensure that a member of a reserve component under the jurisdiction 
of that Secretary who will be called or ordered to active duty for a 
period of more than 30 days in support of

[[Page 122 STAT. 100]]

a contingency operation (as defined in section 101(a)(13) of title 10, 
United States Code) receives notice in advance of the mobilization date. 
In so far as is practicable, the notice shall be provided not less 
than <<NOTE: Deadline.>>  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. <<NOTE: Reports.>>  If the waiver or 
reduction is made on account of mission requirements, the Secretary 
shall submit to Congress a report detailing the reasons for the waiver 
or reduction and the mission requirements at issue.

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

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the requirements to maintain licensure or 
certification by members of the National Guard or other reserve 
components of the Armed Forces while on active duty for an extended 
period of time.
    (b) Elements of Study.--In the study, the Comptroller General 
shall--
            (1) identify the number and type of professional or other 
        licensure or certification requirements that may be adversely 
        impacted by extended periods of active duty; and
            (2) determine mechanisms that would provide relief from 
        professional or other licensure or certification requirements 
        for members of the reserve components while on active duty for 
        an extended period of time.

    (c) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committees on 
Armed Services of the Senate and House of Representative a report 
containing the results of the study and such recommendations as the 
Comptroller General considers appropriate to provide further relief for 
members of the reserve components from professional or other licensure 
or certification requirements while on active duty for an extended 
period of time.

                   Subtitle C--Education and Training

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

    (a) Inclusion of Coast Guard.--Subsection (a) of section 2007 of 
title 10, United States Code, is amended by striking ``Subject to 
subsection (b), the Secretary of a military department'' and inserting 
``Subject to subsections (b) and (c), the Secretary concerned''.
    (b) Commissioned Officers on Active Duty.--Subsection (b) of such 
section is amended--
            (1) in paragraph (1)--
                    (A) by inserting after ``commissioned officer on 
                active duty'' the following: ``(other than a member of 
                the Ready Reserve)'';

[[Page 122 STAT. 101]]

                    (B) by striking ``the Secretary of the military 
                department concerned'' and inserting ``the Secretary 
                concerned''; and
                    (C) by striking ``or full-time National Guard duty'' 
                both places it appears; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the Secretary of the military department'' 
                and inserting ``the Secretary concerned'';
                    (B) in subparagraph (B), by inserting after ``active 
                duty service'' the following: ``for which the officer 
                was ordered to active duty''; and
                    (C) in subparagraph (C), by striking ``Secretary'' 
                and inserting ``Secretary concerned''.

    (c) Authority To Pay Tuition Assistance to Members of the Ready 
Reserve.--
            (1) Availability of assistance.--Subsection (c) of such 
        section is amended to read as follows:

    ``(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned 
may pay the charges of an educational institution for the tuition or 
expenses described in subsection (a) of a member of the Selected 
Reserve.
    ``(2) Subject to paragraphs (4) and (5), the Secretary concerned may 
pay the charges of an educational institution for the tuition or 
expenses described in subsection (a) of a member of the Individual Ready 
Reserve who has a military occupational specialty designated by the 
Secretary concerned for purposes of this subsection.
    ``(3) The Secretary concerned may not pay charges under paragraph 
(1) for tuition or expenses of an officer of the Selected Reserve unless 
the officer enters into an agreement to remain a member of the Selected 
Reserve for at least 4 years after completion of the education or 
training for which the charges are paid.
    ``(4) The Secretary concerned may not pay charges under paragraph 
(2) for tuition or expenses of an officer of the Individual Ready 
Reserve unless the officer enters into an agreement to remain in the 
Selected Reserve or Individual Ready Reserve for at least 4 years after 
completion of the education or training for which the charges are paid.
    ``(5) The Secretary of a military department may require an enlisted 
member of the Selected Reserve or Individual Ready Reserve to enter into 
an agreement to serve for up to 4 years in the Selected Reserve or 
Individual Ready Reserve, as the case may be, after completion of the 
education or training for which tuition or expenses are paid under 
paragraph (1) or (2), as applicable.''.
            (2) Repeal of superseded provision.--Such section is further 
        amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsections (e) and (f) as 
                subsections (d) and (e), respectively.
            (3) Repayment of unearned benefit.--Subsection (e) of such 
        section, as redesignated by paragraph (2) of this subsection, is 
        amended--
                    (A) by inserting ``(1)'' after ``(e)''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) If a member of the Ready Reserve who enters into an agreement 
under subsection (c) does not complete the period of

[[Page 122 STAT. 102]]

service specified in the agreement, the member shall be subject to the 
repayment provisions of section 303a(e) of title 37.''.
    (d) Regulations.--Such section is further amended by adding at the 
end the following new subsection:
    ``(f) This section shall be administered under regulations 
prescribed by the Secretary of Defense or, with respect to the Coast 
Guard when it is not operating as a service in the Navy, the Secretary 
of Homeland Security.''.
    (e) Study.--
            (1) Study required.--The Secretary of Defense shall carry 
        out a study on the tuition assistance program carried out under 
        section 2007 of title 10, United States Code. The study shall--
                    (A) identify the number of members of the Armed 
                Forces eligible for assistance under the program, and 
                the number who actually receive the assistance;
                    (B) assess the extent to which the program affects 
                retention rates; and
                    (C) assess the extent to which State tuition 
                assistance programs affect retention rates in those 
                States.
            (2) Report.--Not later than 9 months after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives a report 
        containing the results of the study.

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

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

    ``(C) The modification of an agreement described in paragraph (1)(F) 
may be made only if the Secretary determines that it is in the best 
interests of the United States to do so.''.

[[Page 122 STAT. 103]]

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

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

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

    (a) Medical Students of USUHS.--
            (1) Treatment of students with prior active service.--
        Section 2114 of title 10, United States Code, is amended--
                    (A) by redesignating subsections (c) through (h) as 
                subsections (d) through (i), respectively; and
                    (B) in subsection (b)--
                          (i) by inserting ``(1)'' after ``(b)''; and
                          (ii) by inserting after the second sentence 
                      the following new paragraph:

    ``(2) If a member of the uniformed services selected to be a student 
has prior active service in a pay grade and with years of service 
credited for pay that would entitle the member, if the member remained 
in the former grade, to a rate of basic pay in excess of the rate of 
basic pay for regular officers in the grade of second lieutenant or 
ensign, the member shall be paid basic pay based on the former grade and 
years of service credited for pay. The amount of such basic pay for the 
member shall be increased on January 1 of each year by the percentage by 
which basic pay is increased on average on that date for that year, and 
the member shall continue to receive basic pay based on the former grade 
and years of service until the date, whether occurring before or after 
graduation, on which the basic pay for the member in the member's actual 
grade and years of service credited for pay exceeds the amount of basic 
pay to which the member is entitled based on the member's former grade 
and years of service.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (b), by striking ``Upon graduation 
                they'' and inserting the following:

    ``(c) Medical students who graduate''; and
                    (B) in subsection (i), as redesignated by paragraph 
                (1), by striking ``subsection (b)'' and inserting 
                ``subsection (c)''.

    (b) Participants in Health Professions Scholarship and Financial 
Assistance Program.--Section 2121(c) of such title is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following new paragraph:

    ``(2) If a member of the uniformed services selected to participate 
in the program as a medical student has prior active service in a pay 
grade and with years of service credited for pay that would entitle the 
member, if the member remained in the former grade, to a rate of basic 
pay in excess of the rate of basic pay for regular officers in the grade 
of second lieutenant or ensign, the member shall be paid basic pay based 
on the former grade and years of service credited for pay. The amount of 
such basic pay for the member shall be increased on January 1 of each 
year by the percentage by which basic pay is increased on average

[[Page 122 STAT. 104]]

on that date for that year, and the member shall continue to receive 
basic pay based on the former grade and years of service until the date, 
whether occurring before or after the conclusion of such participation, 
on which the basic pay for the member in the member's actual grade and 
years of service credited for pay exceeds the amount of basic pay to 
which the member is entitled based on the member's former grade and 
years of service.''.
    (c) Officers Detailed as Students at Medical Schools.--
            (1) Appointment and treatment of prior active service.--
        Section 2004a of such title is amended--
                    (A) by redesignating subsections (e) through (h) as 
                subsections (f) through (i), respectively; and
                    (B) by inserting after subsection (d) the following 
                new subsection:

    ``(e) Appointment and Treatment of Prior Active Service.--(1) A 
commissioned officer detailed as a student at a medical school under 
subsection (a) shall be appointed as a regular officer in the grade of 
second lieutenant or ensign and shall serve on active duty in that grade 
with full pay and allowances of that grade.
    ``(2) If an officer detailed to be a medical student has prior 
active service in a pay grade and with years of service credited for pay 
that would entitle the officer, if the officer remained in the former 
grade, to a rate of basic pay in excess of the rate of basic pay for 
regular officers in the grade of second lieutenant or ensign, the 
officer shall be paid basic pay based on the former grade and years of 
service credited for pay. The amount of such basic pay for the officer 
shall be increased on January 1 of each year by the percentage by which 
basic pay is increased on average on that date for that year, and the 
officer shall continue to receive basic pay based on the former grade 
and years of service until the date, whether occurring before or after 
graduation, on which the basic pay for the officer in the officer's 
actual grade and years of service credited for pay exceeds the amount of 
basic pay to which the officer is entitled based on the officer's former 
grade and years of service.''.
            (2) Technical amendment.--Subsection (c) of such section is 
        amended by striking ``subsection (c)'' and inserting 
        ``subsection (b)''.

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

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

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

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

[[Page 122 STAT. 105]]

    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:

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

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

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

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

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

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

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

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

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

    ``(a) The educational assistance allowance payable under section 
16131 of this title with respect to an eligible person described in 
subsection (b) may, upon the election of such eligible person, be paid 
on an accelerated basis in accordance with this section.
    ``(b) An eligible person described in this subsection is a person 
entitled to educational assistance under this chapter who is--
            ``(1) enrolled in an approved program of education not 
        exceeding two years in duration and not leading to an associate, 
        bachelors, masters, or other degree, subject to subsection (g); 
        and
            ``(2) charged tuition and fees for the program of education 
        that, when divided by the number of months (and fractions 
        thereof) in the enrollment period, exceeds the amount equal to 
        200 percent of the monthly rate of educational assistance 
        allowance otherwise payable with respect to the person under 
        section 16131 of this title.

[[Page 122 STAT. 106]]

    ``(c)(1) The amount of the accelerated payment of educational 
assistance payable with respect to an eligible person making an election 
under subsection (a) for a program of education shall be the lesser of--
            ``(A) the amount equal to 60 percent of the established 
        charges for the program of education; or
            ``(B) the aggregate amount of educational assistance 
        allowance to which the person remains entitled under this 
        chapter at the time of the payment.

    ``(2)(A) In this subsection, except as provided in subparagraph (B), 
the term `established charges', in the case of a program of education, 
means the actual charges (as determined pursuant to regulations 
prescribed by the Secretary of Veterans Affairs) for tuition and fees 
which similarly circumstanced individuals who are not eligible for 
benefits under this chapter and who are enrolled in the program of 
education would be required to pay. Established charges shall be 
determined on the following basis:
            ``(i) In the case of an individual enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the term, quarter, 
        or semester.
            ``(ii) In the case of an individual enrolled in a program of 
        education not offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the entire program 
        of education.

    ``(B) In this subsection, the term `established charges' does not 
include any fees or payments attributable to the purchase of a vehicle.
    ``(3) The educational institution providing the program of education 
for which an accelerated payment of educational assistance allowance is 
elected by an eligible person under subsection (a) shall certify to the 
Secretary of Veterans Affairs the amount of the established charges for 
the program of education.
    ``(d) An accelerated payment of educational assistance allowance 
made with respect to an eligible person under this section for a program 
of education shall be made not later than the last day of the month 
immediately following the month in which the Secretary of Veterans 
Affairs receives a certification from the educational institution 
regarding--
            ``(1) the person's enrollment in and pursuit of the program 
        of education; and
            ``(2) the amount of the established charges for the program 
        of education.

    ``(e)(1) Except as provided in paragraph (2), for each accelerated 
payment of educational assistance allowance made with respect to an 
eligible person under this section, the person's entitlement to 
educational assistance under this chapter shall be charged the number of 
months (and any fraction thereof) determined by dividing the amount of 
the accelerated payment by the full-time monthly rate of educational 
assistance allowance otherwise payable with respect to the person under 
section 16131 of this title as of the beginning date of the enrollment 
period for the program of education for which the accelerated payment is 
made.
    ``(2) If the monthly rate of educational assistance allowance 
otherwise payable with respect to an eligible person under section 16131 
of this title increases during the enrollment period of a

[[Page 122 STAT. 107]]

program of education for which an accelerated payment of educational 
assistance allowance is made under this section, the charge to the 
person's entitlement to educational assistance under this chapter shall 
be determined by prorating the entitlement chargeable, in the manner 
provided for under paragraph (1), for the periods covered by the initial 
rate and increased rate, respectively, in accordance with regulations 
prescribed by the Secretary of Veterans Affairs.
    ``(f) <<NOTE: Regulations.>>  The Secretary of Veterans Affairs 
shall prescribe regulations to carry out this section. The regulations 
shall include requirements, conditions, and methods for the request, 
issuance, delivery, certification of receipt and use, and recovery of 
overpayment of an accelerated payment of educational assistance 
allowance under this section. The regulations may include such elements 
of the regulations prescribed under section 3014A of title 38 as the 
Secretary of Veterans Affairs considers appropriate for purposes of this 
section.

    ``(g) The aggregate amount of educational assistance payable under 
this section in any fiscal year for enrollments covered by subsection 
(b)(1) may not exceed $4,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1606 of such title is amended by inserting 
        after the item relating to section 16131 the following new item:

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

            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 2008, and shall only apply to 
        initial enrollments in approved programs of education after such 
        date.

    (b) <<NOTE: 10 USC 16131a note.>>  Accelerated Payment of 
Educational Assistance for Reserve Component Members Supporting 
Contingency Operations and Other Operations.--
            (1) In general.--Chapter 1607 of title 10, United States 
        Code, is amended by inserting after section 16162 the following 
        new section:

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

    ``(a) Payment on Accelerated Basis.--The educational assistance 
allowance payable under section 16162 of this title with respect to an 
eligible member described in subsection (b) may, upon the election of 
such eligible member, be paid on an accelerated basis in accordance with 
this section.
    ``(b) Eligible Members.--An eligible member described in this 
subsection is a member of a reserve component entitled to educational 
assistance under this chapter who is--
            ``(1) enrolled in an approved program of education not 
        exceeding two years in duration and not leading to an associate, 
        bachelors, masters, or other degree, subject to subsection (g); 
        and
            ``(2) charged tuition and fees for the program of education 
        that, when divided by the number of months (and fractions 
        thereof) in the enrollment period, exceeds the amount equal to 
        200 percent of the monthly rate of educational assistance 
        allowance otherwise payable with respect to the member under 
        section 16162 of this title.

    ``(c) Amount of Accelerated Payment.--(1) The amount of the 
accelerated payment of educational assistance payable with

[[Page 122 STAT. 108]]

respect to an eligible member making an election under subsection (a) 
for a program of education shall be the lesser of--
            ``(A) the amount equal to 60 percent of the established 
        charges for the program of education; or
            ``(B) the aggregate amount of educational assistance 
        allowance to which the member remains entitled under this 
        chapter at the time of the payment.

    ``(2)(A) In this subsection, except as provided in subparagraph (B), 
the term `established charges', in the case of a program of education, 
means the actual charges (as determined pursuant to regulations 
prescribed by the Secretary of Veterans Affairs) for tuition and fees 
which similarly circumstanced individuals who are not eligible for 
benefits under this chapter and who are enrolled in the program of 
education would be required to pay. Established charges shall be 
determined on the following basis:
            ``(i) In the case of an individual enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the term, quarter, 
        or semester.
            ``(ii) In the case of an individual enrolled in a program of 
        education not offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the entire program 
        of education.

    ``(B) In this subsection, the term `established charges' does not 
include any fees or payments attributable to the purchase of a vehicle.
    ``(3) The educational institution providing the program of education 
for which an accelerated payment of educational assistance allowance is 
elected by an eligible member under subsection (a) shall certify to the 
Secretary of Veterans Affairs the amount of the established charges for 
the program of education.
    ``(d) Time of Payment.--An accelerated payment of educational 
assistance allowance made with respect to an eligible member under this 
section for a program of education shall be made not later than the last 
day of the month immediately following the month in which the Secretary 
of Veterans Affairs receives a certification from the educational 
institution regarding--
            ``(1) the member's enrollment in and pursuit of the program 
        of education; and
            ``(2) the amount of the established charges for the program 
        of education.

    ``(e) Charge Against Entitlement.--(1) Except as provided in 
paragraph (2), for each accelerated payment of educational assistance 
allowance made with respect to an eligible member under this section, 
the member's entitlement to educational assistance under this chapter 
shall be charged the number of months (and any fraction thereof) 
determined by dividing the amount of the accelerated payment by the 
full-time monthly rate of educational assistance allowance otherwise 
payable with respect to the member under section 16162 of this title as 
of the beginning date of the enrollment period for the program of 
education for which the accelerated payment is made.
    ``(2) If the monthly rate of educational assistance allowance 
otherwise payable with respect to an eligible member under section 16162 
of this title increases during the enrollment period of a program of 
education for which an accelerated payment of educational assistance 
allowance is made under this section, the charge

[[Page 122 STAT. 109]]

to the member's entitlement to educational assistance under this chapter 
shall be determined by prorating the entitlement chargeable, in the 
manner provided for under paragraph (1), for the periods covered by the 
initial rate and increased rate, respectively, in accordance with 
regulations prescribed by the Secretary of Veterans Affairs.
    ``(f) Regulations.--The Secretary of Veterans Affairs shall 
prescribe regulations to carry out this section. The regulations shall 
include requirements, conditions, and methods for the request, issuance, 
delivery, certification of receipt and use, and recovery of overpayment 
of an accelerated payment of educational assistance allowance under this 
section. The regulations may include such elements of the regulations 
prescribed under section 3014A of title 38 as the Secretary of Veterans 
Affairs considers appropriate for purposes of this section.
    ``(g) Limitation.--The aggregate amount of educational assistance 
payable under this section in any fiscal year for enrollments covered by 
subsection (b)(1) may not exceed $3,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1607 of such title is amended by inserting 
        after the item relating to section 16162 the following new item:

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

            (3) <<NOTE: 10 USC 16162a note.>>  Effective date.--The 
        amendments made by this subsection shall take effect on October 
        1, 2008, and shall only apply to initial enrollments in approved 
        programs of education after such date.

    (c) Enhancement of Educational Assistance for Reserve Component 
Members Supporting Contingency Operations and Other Operations.--
            (1) Assistance for three years cumulative service.--
        Subsection (c)(4)(C) of section 16162 of title 10, United States 
        Code, is amended by striking ``for two continuous years or 
        more.'' and inserting ``for--
                    ``(i) two continuous years or more; or
                    ``(ii) an aggregate of three years or more.''.
            (2) Contributions for increased amount of educational 
        assistance.--Such section is further amended by adding at the 
        end the following new subsection:

    ``(f) Contributions for Increased Amount of Educational 
Assistance.--(1)(A) Any individual eligible for educational assistance 
under this section may contribute amounts for purposes of receiving an 
increased amount of educational assistance as provided for in paragraph 
(2).
    ``(B) An individual covered by subparagraph (A) may make the 
contributions authorized by that subparagraph at any time while a member 
of a reserve component, but not more frequently than monthly.
    ``(C) The total amount of the contributions made by an individual 
under subparagraph (A) may not exceed $600. Such contributions shall be 
made in multiples of $20.
    ``(D) Contributions under this subsection shall be made to the 
Secretary concerned. Such Secretary shall deposit any amounts received 
as contributions under this subsection into the Treasury as 
miscellaneous receipts.

[[Page 122 STAT. 110]]

    ``(2) <<NOTE: Effective date.>>  Effective as of the first day of 
the enrollment period following the enrollment period in which an 
individual makes contributions under paragraph (1), the monthly amount 
of educational assistance allowance applicable to such individual under 
this section shall be the monthly rate otherwise provided for under 
subsection (c) increased by--
            ``(A) an amount equal to $5 for each $20 contributed by such 
        individual under paragraph (1) for an approved program of 
        education pursued on a full-time basis; or
            ``(B) <<NOTE: Regulations.>>  an appropriately reduced 
        amount based on the amount so contributed as determined under 
        regulations that the Secretary of Veterans Affairs shall 
        prescribe, for an approved program of education pursued on less 
        than a full-time basis.''.

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

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

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

    (a) Modification of Time Limit for Use of Benefit.--
            (1) Modification.--Section 16164(a) of title 10, United 
        States Code, is amended by striking ``this chapter while 
        serving--'' and all that follows and inserting ``this chapter--
            ``(1) while the member is serving--
                    ``(A) in the Selected Reserve of the Ready Reserve, 
                in the case of a member called or ordered to active 
                service while serving in the Selected Reserve; or
                    ``(B) in the Ready Reserve, in the case of a member 
                ordered to active duty while serving in the Ready 
                Reserve (other than the Selected Reserve); and
            ``(2) in the case of a person who separates from the 
        Selected Reserve of the Ready Reserve after completion of a 
        period of active service described in section 16163 of this 
        title and completion of a service contract under other than 
        dishonorable conditions, during the 10-year period beginning on 
        the date on which the person separates from the Selected 
        Reserve.''.
            (2) Conforming amendment.--Paragraph (2) of section 16165(a) 
        of such title is amended to read as follows:
            ``(2) when the member separates from the Ready Reserve as 
        provided in section 16164(a)(1) of this title, or upon 
        completion of the period provided for in section 16164(a)(2) of 
        this title, as applicable.''.

    (b) Reclaiming Benefit for Members Reentering Service.--Section 
16165(b) of such title is amended by striking ``of not more than 90 
days'' after ``who incurs a break in service in the Selected Reserve''.
    (c) <<NOTE: 10 USC 16164 note.>>  Effective Date.--The amendments 
made by this section shall take effect as of October 28, 2004, as if 
included in the enactment of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375), to which 
such amendments relate.

[[Page 122 STAT. 111]]

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

    (a) Evaluation Required.--The Secretary of Defense shall carry out 
an evaluation of the degree-granting authorities provided by title 10, 
United States Code, to the academic institutions specified in subsection 
(b). The evaluation shall assess whether the current process, under 
which each degree conferred by each institution must have a statutory 
authorization, remains adequate, appropriate, and responsive enough to 
meet emerging military service education requirements.
    (b) Specified Institutions.--The academic institutions covered by 
subsection (a) are the following:
            (1) The National Defense University.
            (2) The Army War College and the United States Army Command 
        and General Staff College.
            (3) The United States Naval War College.
            (4) The United States Naval Postgraduate School.
            (5) Air University and the United States Air Force Institute 
        of Technology.
            (6) The Marine Corps University.

    (c) Report.--Not later than April 1, 2008, the Secretary shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report on 
the evaluation. The report shall include the results of the evaluation 
and any recommendations for changes to policy or law that the Secretary 
considers appropriate.

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

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

[[Page 122 STAT. 112]]

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

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

SEC. 534. <<NOTE: New York.>>  NAVY JUNIOR RESERVE OFFICERS' TRAINING 
            CORPS UNIT FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH 
            SCHOOLS.

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

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

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

[[Page 122 STAT. 113]]

        of providing such benefits over the ten-year period beginning on 
        the such date.
            (2) The effect of a transfer of administrative jurisdiction 
        on the delivery of educational assistance benefits to members of 
        the reserve components.
            (3) The effect of a transfer of administrative jurisdiction 
        on Department of Defense efforts relating to recruiting, 
        retention, and compensation, including bonuses, special pays, 
        and incentive pays.
            (4) The extent to which educational assistance benefits 
        influence the decision of a person to join a reserve component.
            (5) The extent to which the educational assistance benefits 
        available under chapter 1606 of title 10, United States Code, 
        affect retention rates, including statistics showing how many 
        members remain in the reserve components in order to continue to 
        receive education benefits under such chapter.
            (6) The extent to which the educational assistance benefits 
        available under chapter 1607 of title 10, United States Code, 
        affect retention rates, including statistics showing how many 
        members remain in the reserve components in order to continue to 
        receive education benefits under such chapter.
            (7) The practical and budgetary issues involved in a 
        transfer of administrative jurisdiction, including a discussion 
        of the cost of equating the educational assistance benefits for 
        members of the active and reserve components.
            (8) Any recommendations of the Secretary for legislation to 
        enhance or improve the delivery of educational assistance 
        benefits for members of the reserve components.
            (9) The feasibility and likely effects of transferring the 
        administration of the educational assistance programs for 
        members of the reserve components contained in chapters 1606 and 
        1607 of title 10, United States Code, from the Department of 
        Defense to the Department of Veterans Affairs through the 
        recodification of such chapters in title 38, United States Code, 
        as proposed in section 525 of H.R. 1585 of the 110th Congress, 
        as passed by the House of Representatives, together with any 
        recommendations of the Secretary for improving that section.
            (10) A discussion of the effects and impact of the 
        amendments to chapter 1607 of title 10, United States Code, made 
        by section 530 of this Act, relating to the extension of the 
        time limit for the use of educational assistance benefits under 
        that chapter.

    (c) Reviews of Report.--Before submission of the report to Congress, 
the Secretary of Defense shall secure the review of the report by the 
Defense Business Board, in cooperation with the Reserve Forces Policy 
Board. The Secretary of Veterans Affairs shall secure the review of the 
report by the Veterans Affairs Advisory Committee on Education. The 
results of such reviews shall be included as an appendix to the report.
    (d) Comptroller General Review.--
Not <<NOTE: Deadline. Assessment.>>  later than November 1, 2008, the 
Comptroller General shall submit to the congressional committees 
referred to in subsection (a) an assessment of the report, including a 
review of the costs inherent in the transfer of administrative 
jurisdiction and the recruiting and retention data and other assumptions 
used by the Secretary of Defense in preparing the report. As part of the 
assessment, the Comptroller General shall

[[Page 122 STAT. 114]]

solicit responses from the Secretary of Defense and the Secretary of 
Veterans Affairs.

        Subtitle D--Military Justice and Legal Assistance Matters

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

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

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

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

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

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

[[Page 122 STAT. 115]]

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

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

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

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

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

    ``(a) In General.--There is a Legal Counsel to the Chairman of the 
Joint Chiefs of Staff.
    ``(b) <<NOTE: Regulations.>>  Selection for Appointment.--Under 
regulations prescribed by the Secretary of Defense, the officer selected 
for appointment to serve as Legal Counsel to the Chairman of the Joint 
Chiefs of Staff shall be recommended by a board of officers convened by 
the Secretary of Defense that, insofar as practicable, is subject to the 
procedures applicable to selection boards convened under chapter 36 of 
this title.

    ``(c) Grade.--An officer appointed to serve as Legal Counsel to the 
Chairman of the Joint Chiefs of Staff shall, while so serving, hold the 
grade of brigadier general or rear admiral (lower half).
    ``(d) Duties.--The Legal Counsel of the Chairman of the Joint Chiefs 
of Staff shall perform such legal duties in support of the 
responsibilities of the Chairman of the Joint Chiefs of Staff as the 
Chairman may prescribe.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 5 of such title is amended by adding at the 
        end the following new item:

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

    (f) Strategic Plan to Link General and Flag Officer Numbers, 
Assignments, and Development to the Missions and Requirements of the 
Department of Defense.--
            (1) Strategic plan required.--The Secretary of Defense shall 
        develop a strategic plan linking the missions and requirements 
        of the Department of Defense for general and flag officers to 
        the statutory limits on the numbers of general and flag

[[Page 122 STAT. 116]]

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

SEC. 544. <<NOTE: 10 USC note prec. 651.>>  PROHIBITION AGAINST MEMBERS 
            OF THE ARMED FORCES PARTICIPATING IN CRIMINAL STREET GANGS.

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

[[Page 122 STAT. 117]]

                       Subtitle E--Military Leave

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

    (a) Temporary Increase in Accumulated Leave Carryover Amount.--
Section 701 of title 10, United States Code, is amended--
            (1) in subsection (b), by striking ``subsection (f) and 
        subsection (g)'' and inserting ``subsections (d), (f), and 
        (g)''; and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Notwithstanding subsection (b), during the period beginning on 
October 1, 2008, through December 31, 2010, a member may accumulate up 
to 75 days of leave.''.
    (b) Conforming Amendments Related to High Deployment Members.--
Subsection (f) of such section is amended--
            (1) in paragraph (1)(A), by striking ``any accumulated leave 
        in excess of 60 days at the end of the fiscal year'' and 
        inserting ``at the end of the fiscal year any accumulated leave 
        in excess of the number of days of leave authorized to be 
        accumulated under subsection (b) or (d)'';
            (2) in paragraph (1)(C)--
                    (A) by striking ``60 days'' and inserting ``the days 
                of leave authorized to be accumulated under subsection 
                (b) or (d) that are''; and
                    (B) by inserting ``(or fourth fiscal year, if 
                accumulated while subsection (d) is in effect)'' after 
                ``third fiscal year''; and
            (3) in paragraph (2), by striking ``except for this 
        paragraph--'' and all that follows through the end of the 
        paragraph and inserting ``except for this paragraph, would lose 
        at the end of that fiscal year any accumulated leave in excess 
        of the number of days of leave authorized to be accumulated 
        under subsection (b) or (d), shall be permitted to retain such 
        leave until the end of the second fiscal year after the fiscal 
        year in which such service on active duty is terminated.''.

    (c) Conforming Amendment Related to Members in Missing Status.--
Subsection (g) of such section is amended by striking ``60-day 
limitation in subsection (b) and the 90-day limitation in subsection 
(f)'' and inserting ``limitations in subsections (b), (d), and (f)''.
    (d) Pay.--Section 501(b) of title 37, United States Code, is amended 
by adding at the end the following new paragraph:
    ``(6) An enlisted member of the armed forces who would lose 
accumulated leave in excess of 120 days of leave under section 701(f)(1) 
of title 10 may elect to be paid in cash or by a check on the Treasurer 
of the United States for any leave in excess so accumulated for up to 30 
days of such leave. A member may make an election under this paragraph 
only once.''.

SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.

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

[[Page 122 STAT. 118]]

Subtitle F--Decorations <<NOTE: President.>>  and Awards

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

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

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

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

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

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

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

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals

[[Page 122 STAT. 119]]

to persons who served in the Armed Forces, the President is authorized 
and requested to award the Medal of Honor under section 3741 of such 
title posthumously to Private Philip G. Shadrach of Company K, 2nd Ohio 
Volunteer Infantry Regiment for the acts of valor described in 
subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Philip G. Shadrach as one of Andrews' 
Raiders during the Civil War on April 12, 1862.

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

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

     Subtitle G--Impact Aid and Defense Dependents Education System

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

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

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

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

[[Page 122 STAT. 120]]

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

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

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

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

                      Subtitle H--Military Families

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

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

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

    ``(a) <<NOTE: Establishment.>>  In General.--There is in the 
Department of Defense the Department of Defense Military Family 
Readiness Council (in this section referred to as the `Council').

    ``(b) Members.--(1) The Council shall consist of the following 
members:
            ``(A) The Under Secretary of Defense for Personnel and 
        Readiness, who shall serve as chair of the Council.
            ``(B) One representative of each of the Army, Navy, Marine 
        Corps, and Air Force, who shall be appointed by the Secretary of 
        Defense.
            ``(C) Three individuals appointed by the Secretary of 
        Defense from among representatives of military family 
        organizations, including military family organizations of 
        families of members of the regular components and of families of 
        members of the reserve components.
            ``(D) In addition to the representatives appointed under 
        subparagraph (B), the senior enlisted advisors of the Army, 
        Navy, Marine Corps, and Air Force, or the spouse of a senior

[[Page 122 STAT. 121]]

        enlisted member from each of the Army, Navy, Marine Corps, and 
        Air Force.

    ``(2) The term on the Council of the members appointed under 
paragraph (1)(C) shall be three years.
    ``(c) Meetings.--The Council shall meet not less often than twice 
each year.
    ``(d) Duties.--The duties of the Council shall include the 
following:
            ``(1) To review and make recommendations to the Secretary of 
        Defense regarding the policy and plans required under section 
        1781b of this title.
            ``(2) To monitor requirements for the support of military 
        family readiness by the Department of Defense.
            ``(3) To evaluate and assess the effectiveness of the 
        military family readiness programs and activities of the 
        Department of Defense.

    ``(e) Annual Reports.--(1) Not later than February 1 each year, the 
Council shall submit to the Secretary of Defense and the congressional 
defense committees a report on military family readiness.
    ``(2) Each report under this subsection shall include the following:
            ``(A) An assessment of the adequacy and effectiveness of the 
        military family readiness programs and activities of the 
        Department of Defense during the preceding fiscal year in 
        meeting the needs and requirements of military families.
            ``(B) Recommendations on actions to be taken to improve the 
        capability of the military family readiness programs and 
        activities of the Department of Defense to meet the needs and 
        requirements of military families, including actions relating to 
        the allocation of funding and other resources to and among such 
        programs and activities.

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

    ``(a) Policy and Plans Required.--The Secretary of Defense shall 
develop a policy and plans for the Department of Defense for the support 
of military family readiness.
    ``(b) Purposes.--The purposes of the policy and plans required under 
subsection (a) are as follows:
            ``(1) To ensure that the military family readiness programs 
        and activities of the Department of Defense are comprehensive, 
        effective, and properly supported.
            ``(2) To ensure that support is continuously available to 
        military families in peacetime and in war, as well as during 
        periods of force structure change and relocation of military 
        units.
            ``(3) To ensure that the military family readiness programs 
        and activities of the Department of Defense are available to all 
        military families, including military families of members of the 
        regular components and military families of members of the 
        reserve components.
            ``(4) To make military family readiness an explicit element 
        of applicable Department of Defense plans, programs, and 
        budgeting activities, and that achievement of military family 
        readiness is expressed through Department-wide goals that are 
        identifiable and measurable.

[[Page 122 STAT. 122]]

            ``(5) To ensure that the military family readiness programs 
        and activities of the Department of Defense undergo continuous 
        evaluation in order to ensure that resources are allocated and 
        expended for such programs and activities to achieve Department-
        wide family readiness goals.

    ``(c) Elements of Policy.--The policy required under subsection (a) 
shall include the following elements:
            ``(1) A list of military family readiness programs and 
        activities.
            ``(2) Department of Defense-wide goals for military family 
        support, including joint programs, both for military families of 
        members of the regular components and military families of 
        members of the reserve components.
            ``(3) Policies on access to military family support programs 
        and activities based on military family populations served and 
        geographical location.
            ``(4) Metrics to measure the performance and effectiveness 
        of the military family readiness programs and activities of the 
        Department of Defense.
            ``(5) A summary, by fiscal year, of the allocation of funds 
        (including appropriated funds and nonappropriated funds) for 
        major categories of military family readiness programs and 
        activities of the Department of Defense, set forth for each of 
        the military departments and for the Office of the Secretary of 
        Defense.

    ``(d) Annual Report.--Not later than March 1, 2008, and each year 
thereafter, the Secretary of Defense shall submit to the congressional 
defense committees a report on the plans required under subsection (a) 
for the five-fiscal year period beginning with the fiscal year in which 
the report is submitted. Each report shall include the plans covered by 
the report and an assessment of the discharge by the Department of 
Defense of the previous plans submitted under this section.''.
    (b) Report on Military Family Readiness Policy.--Not later than 
February 1, 2009, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth the policy 
developed under section 1781b of title 10, United States Code, as added 
by subsection (a).
    (c) Surveys of Military Families.--Section 1782 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(d) Survey Required for Fiscal Year 2010.--Notwithstanding 
subsection (a), during fiscal year 2010, the Secretary of Defense shall 
conduct a survey otherwise authorized under such subsection. Thereafter, 
additional surveys may be conducted not less often than once every three 
fiscal years.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 88 of such title is amended by inserting after 
the item relating to section 1781 the following new items:

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

SEC. 582. <<NOTE: 10 USC 10101 note.>> YELLOW RIBBON REINTEGRATION 
            PROGRAM.

    (a) Establishment of Program.--The Secretary of Defense shall 
establish a national combat veteran reintegration program to provide 
National Guard and Reserve members and their families

[[Page 122 STAT. 123]]

with sufficient information, services, referral, and proactive outreach 
opportunities throughout the entire deployment cycle. This program shall 
be known as the Yellow Ribbon Reintegration Program.
    (b) Purpose of Program; Deployment Cycle.--The Yellow Ribbon 
Reintegration Program shall consist of informational events and 
activities for members of the reserve components of the Armed Forces, 
their families, and community members to facilitate access to services 
supporting their health and well-being through the 4 phases of the 
deployment cycle:
            (1) Pre-Deployment.
            (2) Deployment.
            (3) Demobilization.
            (4) Post-Deployment-Reconstitution.

    (c) <<NOTE: Designation.>>  Executive Agent.--The Secretary shall 
designate the Under Secretary of Defense for Personnel and Readiness as 
the Department of Defense executive agent for the Yellow Ribbon 
Reintegration Program.

    (d) Office for Reintegration Programs.--
            (1) Establishment.--The Under Secretary of Defense for 
        Personnel and Readiness shall establish the Office for 
        Reintegration Programs within the Office of the Secretary of 
        Defense. The office shall administer all reintegration programs 
        in coordination with State National Guard organizations. The 
        office shall be responsible for coordination with existing 
        National Guard and Reserve family and support programs. The 
        Directors of the Army National Guard and Air National Guard and 
        the Chiefs of the Army Reserve, Marine Corps Reserve, Navy 
        Reserve, and Air Force Reserve may appoint liaison officers to 
        coordinate with the permanent office staff. The office may also 
        enter into partnerships with other public entities, including 
        the Department of Health and Human Services, Substance Abuse and 
        the Mental Health Services Administration, for access to 
        necessary substance abuse and mental health treatment services 
        from local State-licensed service providers.
            (2) <<NOTE: Establishment.>>  Center for excellence in 
        reintegration.--The Office for Reintegration Programs shall 
        establish a Center for Excellence in Reintegration within the 
        office. The Center shall collect and analyze ``lessons learned'' 
        and suggestions from State National Guard and Reserve 
        organizations with existing or developing reintegration 
        programs. The Center shall also assist in developing training 
        aids and briefing materials and training representatives from 
        State National Guard and Reserve organizations.

    (e) <<NOTE: Establishment.>>  Advisory Board.--
            (1) Appointment.--The Secretary of Defense shall appoint an 
        advisory board to analyze the Yellow Ribbon Reintegration 
        Program and report on areas of success and areas for necessary 
        improvements. The advisory board shall include the Director of 
        the Army National Guard, the Director of the Air National Guard, 
        Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve, 
        and Air Force Reserve, the Assistant Secretary of Defense for 
        Reserve Affairs, an Adjutant General on a rotational basis as 
        determined by the Chief of the National Guard Bureau, and any 
        other Department of Defense, Federal Government agency, or 
        outside organization as determined by the

[[Page 122 STAT. 124]]

        Secretary of Defense. The members of the advisory board may 
        designate representatives in their stead.
            (2) Schedule.--The advisory board shall meet on a schedule 
        determined by the Secretary of Defense.
            (3) Initial reporting requirement.--The advisory board shall 
        issue internal reports as necessary and shall submit an initial 
        report to the Committees on Armed Services of the Senate and 
        House of Representatives not later than 180 days after the end 
        of the 1-year period beginning on the date of the establishment 
        of the Office for Reintegration Programs. The report shall 
        contain--
                    (A) an evaluation of the implementation of the 
                Yellow Ribbon Reintegration Program by State National 
                Guard and Reserve organizations;
                    (B) an assessment of any unmet resource 
                requirements; and
                    (C) recommendations regarding closer coordination 
                between the Office of Reintegration Programs and State 
                National Guard and Reserve organizations.
            (4) Annual reports.--The advisory board shall submit annual 
        reports to the Committees on Armed Services of the Senate and 
        the House of Representatives following the initial report by the 
        first week in March of subsequent years following the initial 
        report.

    (f) State Deployment Cycle Support Teams.--The Office for 
Reintegration Programs may employ personnel to administer the Yellow 
Ribbon Reintegration Program at the State level. The primary function of 
team members shall be--
            (1) to implement the reintegration curriculum through the 
        deployment cycle described in subsection (g);
            (2) to obtain necessary service providers; and
            (3) to educate service providers regarding the unique 
        military nature of the reintegration program.

    (g) Operation of Program Through Deployment Cycle.--
            (1) In general.--The Office for Reintegration Programs shall 
        analyze the demographics, placement of State Family Assistance 
        Centers and their resources before a mobilization alert is 
        issued to affected State National Guard and Reserve 
        organizations. The Office of Reintegration Programs shall 
        consult with affected State National Guard and Reserve 
        organizations following the issuance of a mobilization alert and 
        implement the reintegration events in accordance with the 
        Reintegration Program phase model.
            (2) Pre-deployment phase.--The Pre-Deployment Phase shall 
        constitute the time from first notification of mobilization 
        until deployment of the mobilized National Guard or Reserve 
        unit. Events and activities shall focus on providing education 
        and ensuring the readiness of members of the unit, their 
        families, and affected communities for the rigors of a combat 
        deployment.
            (3) Deployment phase.--The Deployment Phase shall constitute 
        the period from deployment of the mobilized National Guard or 
        Reserve unit until the unit arrives at a demobilization station 
        inside the continental United States. Events and services 
        provided shall focus on the challenges and stress associated 
        with separation and having a member in a combat zone. 
        Information sessions shall utilize State National Guard and

[[Page 122 STAT. 125]]

        Reserve resources in coordination with the Employer Support of 
        Guard and Reserve Office, Transition Assistance Advisors, and 
        the State Family Programs Director.
            (4) Demobilization phase.--
                    (A) In general.--The Demobilization Phase shall 
                constitute the period from arrival of the National Guard 
                or Reserve unit at the demobilization station until its 
                departure for home station.
                    (B) Initial reintegration activity.--The purpose of 
                this reintegration program is to educate members about 
                the resources that are available to them and to connect 
                members to service providers who can assist them in 
                overcoming the challenges of reintegration.
            (5) Post-deployment-reconstitution phase.--
                    (A) In general.--The Post-Deployment-Reconstitution 
                Phase shall constitute the period from arrival at home 
                station until 180 days following demobilization. 
                Activities and services provided shall focus on 
                reconnecting members with their families and communities 
                and providing resources and information necessary for 
                successful reintegration. Reintegration events shall 
                begin with elements of the Initial Reintegration 
                Activity program that were not completed during the 
                Demobilization Phase.
                    (B) 30-day, 60-day, and 90-day reintegration 
                activities.--The State National Guard and Reserve 
                organizations shall hold reintegration activities at the 
                30-day, 60-day, and 90-day interval following 
                demobilization. These activities shall focus on 
                reconnecting members and their families with the service 
                providers from the Initial Reintegration Activity to 
                ensure that members and their families understand what 
                benefits they are entitled to and what resources are 
                available to help them overcome the challenges of 
                reintegration. The Reintegration Activities shall also 
                provide a forum for members and their families to 
                address negative behaviors related to combat stress and 
                transition.
                    (C) Member pay.--Members shall receive appropriate 
                pay for days spent attending the Reintegration 
                Activities at the 30-day, 60-day, and 90-day intervals.

    (h) Outreach Services.--As part of the Yellow Ribbon Reintegration 
Program, the Office for Reintegration Programs may develop programs of 
outreach to members of the Armed Forces and their family members to 
educate such members and their family members about the assistance and 
services available to them under the Yellow Ribbon Reintegration 
Program. Such assistance and services may include the following:
            (1) Marriage counseling.
            (2) Services for children.
            (3) Suicide prevention.
            (4) Substance abuse awareness and treatment.
            (5) Mental health awareness and treatment.
            (6) Financial counseling.
            (7) Anger management counseling.
            (8) Domestic violence awareness and prevention.
            (9) Employment assistance.
            (10) Preparing and updating family care plans.

[[Page 122 STAT. 126]]

            (11) Development of strategies for living with a member of 
        the Armed Forces with post-traumatic stress disorder or 
        traumatic brain injury.
            (12) Other services that may be appropriate to address the 
        unique needs of members of the Armed Forces and their families 
        who live in rural or remote areas with respect to family 
        readiness and servicemember reintegration.
            (13) Assisting members of the Armed Forces and their 
        families find and receive assistance with military family 
        readiness and servicemember reintegration, including referral 
        services.
            (14) Development of strategies and programs that recognize 
        the need for long-term follow-up services for reintegrating 
        members of the Armed Forces and their families for extended 
        periods following deployments, including between deployments.
            (15) Assisting members of the Armed Forces and their 
        families in receiving services and assistance from the 
        Department of Veterans Affairs, including referral services.

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

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

[[Page 122 STAT. 127]]

                    (C) The potential to improve dissemination 
                throughout the Armed Forces of the most effective 
                practices for outreach, training, and building 
                psychological and emotional resiliency in children.
                    (D) The effectiveness of training materials for 
                education, mental health, health, and family support 
                professionals who provide services to parents and 
                caretakers of military dependent children.
                    (E) The requirement to develop programs and 
                activities to increase awareness throughout the military 
                and civilian communities of the effects of deployment of 
                a military spouse or guardians for such children and 
                their families and to increase collaboration within such 
                communities to address and mitigate such effects.
                    (F) The development of training for early child care 
                and education, mental health, health care, and family 
                support professionals to enhance the awareness of such 
                professionals of their role in assisting families in 
                addressing and mitigating the adverse implications of 
                such deployment.
                    (G) The conduct of research on best practices for 
                building psychological and emotional resiliency in such 
                children in coping with the deployment of such members.
            (3) An assessment of the effectiveness of family-to-family 
        support programs--
                    (A) in providing peer support for families of 
                deployed members of the regular and reserve components;
                    (B) in identifying and preventing family problems in 
                such families;
                    (C) in reducing adverse outcomes for children of 
                such families, including poor academic performance, 
                behavioral problems, stress, and anxiety;
                    (D) in improving family readiness and post-
                deployment transition for such families; and
                    (E) in utilizing spouses of members of the Armed 
                Forces as counselors for families of deployed members, 
                in order to assist such families in coping before, 
                during, and after the deployment, and the best practices 
                for training spouses of members of the Armed Forces to 
                act as counselors for families of deployed members.
            (4) An assessment of the effectiveness of transition 
        assistance programs and policies for families of members during 
        post-deployment transition from a combat zone back to civilian 
        or military communities--
                    (A) in identifying signs and symptoms of mental 
                health conditions for both service members and their 
                families; and
                    (B) in receiving information and resources available 
                within the local communities to ease transition.
            (5) An assessment of the impact of multiple overseas 
        deployments of members on their families, particularly in the 
        case of members serving in Operation Iraqi Freedom and Operation 
        Enduring Freedom, including financial impacts and emotional 
        impacts.
            (6) An assessment of the most effective timing of providing 
        information and support to the families of deployed members

[[Page 122 STAT. 128]]

        before, during, and after deployment, including at least six 
        months after the date of return of deployed members.
            (7) An assessment of the need for additional long-term 
        research on the effects of multiple wartime deployments on 
        families, including children, and critical areas of focus that 
        should be addressed by such research.

    (c) Report on Results of Study.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing the results of 
the study conducted under subsection (a).

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

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

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

    (a) Servicemember Family Leave.--
            (1) Definitions.--Section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the 
        end the following new paragraphs:
            ``(14) Active duty.--The term `active duty' means duty under 
        a call or order to active duty under a provision of law referred 
        to in section 101(a)(13)(B) of title 10, United States Code.
            ``(15) Contingency operation.--The term `contingency 
        operation' has the same meaning given such term in section 
        101(a)(13) of title 10, United States Code.
            ``(16) Covered servicemember.--The term `covered 
        servicemember' means a member of the Armed Forces, including a 
        member of the National Guard or Reserves, who is undergoing 
        medical treatment, recuperation, or therapy, is otherwise in 
        outpatient status, or is otherwise on the temporary disability 
        retired list, for a serious injury or illness.
            ``(17) Outpatient status.--The term `outpatient status', 
        with respect to a covered servicemember, means the status of a 
        member of the Armed Forces assigned to--
                    ``(A) a military medical treatment facility as an 
                outpatient; or
                    ``(B) a unit established for the purpose of 
                providing command and control of members of the Armed 
                Forces receiving medical care as outpatients.
            ``(18) Next of kin.--The term `next of kin', used with 
        respect to an individual, means the nearest blood relative of 
        that individual.
            ``(19) Serious injury or illness.--The term `serious injury 
        or illness', in the case of a member of the Armed Forces, 
        including a member of the National Guard or Reserves, means an 
        injury or illness incurred by the member in line of duty on 
        active duty in the Armed Forces that may render the

[[Page 122 STAT. 129]]

        member medically unfit to perform the duties of the member's 
        office, grade, rank, or rating.''.
            (2) Entitlement to leave.--Section 102(a) of such Act (29 
        U.S.C. 2612(a)) is amended--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
                    ``(E) Because of any qualifying exigency (as the 
                Secretary shall, by regulation, determine) arising out 
                of the fact that the spouse, or a son, daughter, or 
                parent of the employee is on active duty (or has been 
                notified of an impending call or order to active duty) 
                in the Armed Forces in support of a contingency 
                operation.''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(3) Servicemember family leave.--Subject to section 103, 
        an eligible employee who is the spouse, son, daughter, parent, 
        or next of kin of a covered servicemember shall be entitled to a 
        total of 26 workweeks of leave during a 12-month period to care 
        for the servicemember. The leave described in this paragraph 
        shall only be available during a single 12-month period.
            ``(4) Combined leave total.--During the single 12-month 
        period described in paragraph (3), an eligible employee shall be 
        entitled to a combined total of 26 workweeks of leave under 
        paragraphs (1) and (3). Nothing in this paragraph shall be 
        construed to limit the availability of leave under paragraph (1) 
        during any other 12-month period.''.
            (3) Requirements relating to leave.--
                    (A) Schedule.--Section 102(b) of such Act (29 U.S.C. 
                2612(b)) is amended--
                          (i) in paragraph (1), in the second sentence--
                                    (I) by striking ``section 
                                103(b)(5)'' and inserting ``subsection 
                                (b)(5) or (f) (as appropriate) of 
                                section 103''; and
                                    (II) by inserting ``or under 
                                subsection (a)(3)'' after ``subsection 
                                (a)(1)'';
                          (ii) in paragraph (1), by inserting after the 
                      second sentence the following new sentence: 
                      ``Subject to subsection (e)(3) and section 103(f), 
                      leave under subsection (a)(1)(E) may be taken 
                      intermittently or on a reduced leave schedule.''; 
                      and
                          (iii) in paragraph (2), by inserting ``or 
                      under subsection (a)(3)'' after ``subsection 
                      (a)(1)''.
                    (B) Substitution of paid leave.--Section 102(d) of 
                such Act (29 U.S.C. 2612(d)) is amended--
                          (i) in paragraph (1)--
                                    (I) by inserting ``(or 26 workweeks 
                                in the case of leave provided under 
                                subsection (a)(3))'' after ``12 
                                workweeks'' the first place it appears; 
                                and
                                    (II) by inserting ``(or 26 
                                workweeks, as appropriate)'' after ``12 
                                workweeks'' the second place it appears;
                          (ii) in paragraph (2)(A), by striking ``or 
                      (C)'' and inserting ``(C), or (E)''; and
                          (iii) in paragraph (2)(B), by adding at the 
                      end the following: ``An eligible employee may 
                      elect, or an employer may require the employee, to 
                      substitute any of the accrued paid vacation leave, 
                      personal leave,

[[Page 122 STAT. 130]]

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

    ``(f) Certification Related to Active Duty or Call to Active Duty.--
An employer may require that a request for leave under section 
102(a)(1)(E) be supported by a certification issued

[[Page 122 STAT. 131]]

at such time and in such manner as the Secretary may by regulation 
prescribe. If the Secretary issues a regulation requiring such 
certification, the employee shall provide, in a timely manner, a copy of 
such certification to the employer.''.
                    (F) Failure to return.--Section 104(c) of such Act 
                (29 U.S.C. 2614(c)) is amended--
                          (i) in paragraph (2)(B)(i), by inserting ``or 
                      under section 102(a)(3)'' before the semicolon; 
                      and
                          (ii) in paragraph (3)(A)--
                                    (I) in clause (i), by striking 
                                ``or'' at the end;
                                    (II) in clause (ii), by striking the 
                                period and inserting ``; or''; and
                                    (III) by adding at the end the 
                                following:
                          ``(iii) a certification issued by the health 
                      care provider of the servicemember being cared for 
                      by the employee, in the case of an employee unable 
                      to return to work because of a condition specified 
                      in section 102(a)(3).''.
                    (G) Enforcement.--Section 107 of such Act (29 U.S.C. 
                2617) is amended, in subsection (a)(1)(A)(i)(II), by 
                inserting ``(or 26 weeks, in a case involving leave 
                under section 102(a)(3))'' after ``12 weeks''.
                    (H) Instructional employees.--Section 108 of such 
                Act (29 U.S.C. 2618) is amended, in subsections (c)(1), 
                (d)(2), and (d)(3), by inserting ``or under section 
                102(a)(3)'' after ``section 102(a)(1)''.

    (b) Servicemember Family Leave for Civil Service Employees.--
            (1) Definitions.--Section 6381 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(7) the term `active duty' means duty under a call or 
        order to active duty under a provision of law referred to in 
        section 101(a)(13)(B) of title 10;
            ``(8) the term `covered servicemember' means a member of the 
        Armed Forces, including a member of the National Guard or 
        Reserves, who is undergoing medical treatment, recuperation, or 
        therapy, is otherwise in an outpatient status, or is otherwise 
        on the temporary disability retired list, for a serious injury 
        or illness;
            ``(9) the term `outpatient status', with respect to a 
        covered servicemember, means the status of a member of the Armed 
        Forces assigned to--
                    ``(A) a military medical treatment facility as an 
                outpatient; or
                    ``(B) a unit established for the purpose of 
                providing command and control of members of the Armed 
                Forces receiving medical care as outpatients;
            ``(10) the term `next of kin', used with respect to an 
        individual, means the nearest blood relative of that individual; 
        and
            ``(11) the term `serious injury or illness', in the case of 
        a member of the Armed Forces, means an injury or illness 
        incurred by the member in line of duty on active duty in

[[Page 122 STAT. 132]]

        the Armed Forces that may render the member medically unfit to 
        perform the duties of the member's office, grade, rank, or 
        rating.''.
            (2) Entitlement to leave.--Section 6382(a) of such title is 
        amended by adding at the end the following:

    ``(3) Subject to section 6383, an employee who is the spouse, son, 
daughter, parent, or next of kin of a covered servicemember shall be 
entitled to a total of 26 administrative workweeks of leave during a 12-
month period to care for the servicemember. The leave described in this 
paragraph shall only be available during a single 12-month period.
    ``(4) During the single 12-month period described in paragraph (3), 
an employee shall be entitled to a combined total of 26 administrative 
workweeks of leave under paragraphs (1) and (3). Nothing in this 
paragraph shall be construed to limit the availability of leave under 
paragraph (1) during any other 12-month period.''.
            (3) Requirements relating to leave.--
                    (A) Schedule.--Section 6382(b) of such title is 
                amended--
                          (i) in paragraph (1), in the second sentence--
                                    (I) by striking ``section 
                                6383(b)(5)'' and inserting ``subsection 
                                (b)(5) or (f) (as appropriate) of 
                                section 6383''; and
                                    (II) by inserting ``or under 
                                subsection (a)(3)'' after ``subsection 
                                (a)(1)''; and
                          (ii) in paragraph (2), by inserting ``or under 
                      subsection (a)(3)'' after ``subsection (a)(1)''.
                    (B) Substitution of paid leave.--Section 6382(d) of 
                such title is amended by adding at the end the 
                following: ``An employee may elect to substitute for 
                leave under subsection (a)(3) any of the employee's 
                accrued or accumulated annual or sick leave under 
                subchapter I for any part of the 26-week period of leave 
                under such subsection.''.
                    (C) Notice.--Section 6382(e) of such title is 
                amended by inserting ``or under subsection (a)(3)'' 
                after ``subsection (a)(1)''.
                    (D) Certification.--Section 6383 of such title is 
                amended by adding at the end the following:

    ``(f) An employing agency may require that a request for leave under 
section 6382(a)(3) be supported by a certification issued at such time 
and in such manner as the Office of Personnel Management may by 
regulation prescribe.''.

SEC. 586. <<NOTE: Procedures. 10 USC 991 note.>>  FAMILY CARE PLANS AND 
            DEFERMENT OF DEPLOYMENT OF SINGLE PARENT OR DUAL MILITARY 
            COUPLES WITH MINOR DEPENDENTS.

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

[[Page 122 STAT. 133]]

SEC. 587. <<NOTE: 10 USC 1781 note.>>  EDUCATION AND TREATMENT SERVICES 
            FOR MILITARY DEPENDENT CHILDREN WITH AUTISM.

    (a) Assessment of Availability of Services.--The Secretary of 
Defense shall conduct a comprehensive assessment of the availability of 
Federal, State, and local education and treatment services on and in the 
vicinity of a covered military installation for children of members of 
the Armed Forces who are diagnosed with autism. This assessment shall 
include the following:
            (1) The local availability of adequate educational services 
        for children with autism.
            (2) The local availability of adequate medical services for 
        children with autism.
            (3) The local availability of supplemental services for 
        children with autism.
            (4) The ease of access of children with autism to adequate 
        educational services, such as the length of time on waiting 
        lists.

    (b) Review of Best Practices.--In preparing the assessment under 
subsection (a), the Secretary of Defense shall conduct a review of best 
practices in the United States in the provision of covered educational 
services and treatment services for children with autism, including an 
assessment of Federal and State education and treatment services for 
children with autism in each State, with an emphasis on locations where 
eligible members and eligible dependents reside. The Secretary of 
Defense shall conduct the review in coordination with the Secretary of 
Education.
    (c) Personnel Management Requirements.--
            (1) Limited stationing options.--The Secretary of the 
        military department concerned shall ensure that, whenever 
        practicable, eligible members are only assigned to military 
        installations that are identified in the report required by 
        subsection (g)(1).
            (2) Stabilization policy.--The Secretary of the military 
        department concerned shall ensure that, whenever practicable, 
        the families of eligible members residing at a military 
        installation that is identified in such report are permitted to 
        remain at that installation for a period of not less than 4 
        years.

    (d) Case Managers and Services.--
            (1) Case managers.--The Secretary of the military department 
        concerned shall ensure that eligible members are assigned case 
        managers for both medical services and covered educational 
        services for eligible dependents, which shall be required under 
        the Exceptional Family Member Program pursuant to the policy 
        established by the Secretary.
            (2) Individualized services plan.--The Secretary of the 
        military department concerned shall provide for the voluntary 
        development for eligible dependents of individualized autism 
        services plans for use by case managers, caregivers, and 
        families to ensure continuity of services throughout the active 
        military service of eligible members.
            (3) Autism support centers.--The Secretary of the military 
        department concerned may establish local centers on military 
        installations for the purpose of providing and coordinating 
        autism services for eligible dependents.

[[Page 122 STAT. 134]]

            (4) Partnerships and contracts.--The Secretary of the 
        military department concerned is encouraged to enter into 
        partnerships or contracts with other appropriate public and 
        private entities to carry out the responsibilities of this 
        section.

    (e) Demonstration Projects.--
            (1) Projects authorized.--The Secretary of Defense may 
        conduct 1 or more demonstration projects to evaluate improved 
        approaches to the provision of covered educational services and 
        treatment services to eligible dependents for the purpose of 
        evaluating strategies for integrated treatment and case manager 
        services, including early intervention and diagnosis, medical 
        care, parent involvement, special education services, intensive 
        behavioral intervention, and language, communications, and other 
        interventions considered appropriate by the Secretary.
            (2) Case managers and services plan.--Each demonstration 
        project shall include the assignment of case managers under 
        paragraph (1) of subsection (d) and utilize the services plans 
        prepared for eligible dependents under paragraph (2) of such 
        subsection.
            (3) Supervisory level providers.--The Secretary of Defense 
        may utilize for purposes of the demonstration projects personnel 
        who are professionals with a level (as determined by the 
        Secretary) of post-secondary education that is appropriate for 
        the provision of safe and effective services for autism and who 
        are from an accredited educational facility in the mental 
        health, human development, social work, or education field to 
        act as supervisory level providers of behavioral intervention 
        services for autism. In so acting, such personnel may be 
        authorized--
                    (A) to develop and monitor intensive behavior 
                intervention plans for eligible dependents who are 
                participating in the demonstration projects; and
                    (B) to provide appropriate training in the provision 
                of approved services to participating eligible 
                dependents.
            (4) Services under corporate services provider model.--In 
        carrying out the demonstration projects, the Secretary of 
        Defense may utilize a corporate services provider model. 
        Employees of a provider under such a model shall include 
        personnel who implement special educational and behavioral 
        intervention plans for eligible dependents that are developed, 
        reviewed, and maintained by supervisory level providers approved 
        by the Secretary. In authorizing such a model, the Secretary 
        shall establish--
                    (A) <<NOTE: Criteria.>>  minimum education, 
                training, and experience criteria required to be met by 
                employees who provide services to eligible dependents;
                    (B) <<NOTE: Requirements.>>  requirements for 
                supervisory personnel and supervision, including 
                requirements for supervisor credentials and for the 
                frequency and intensity of supervision; and
                    (C) such other requirements as the Secretary 
                considers appropriate to ensure safety and the 
                protection of the eligible dependents who receive 
                services from such employees under the demonstration 
                projects.
            (5) <<NOTE: Deadline.>>  Period.--If the Secretary of 
        Defense determines to conduct demonstration projects under this 
        subsection, the Secretary shall commence such demonstration 
        projects not later

[[Page 122 STAT. 135]]

        than 180 days after the date of the enactment of this Act. The 
        demonstration projects shall be conducted for not less than 2 
        years.
            (6) Evaluation.--The Secretary of Defense shall conduct an 
        evaluation of each demonstration project conducted under this 
        section. The evaluation shall include the following:
                    (A) An assessment of the extent to which the 
                activities under the demonstration project contributed 
                to positive outcomes for eligible dependents.
                    (B) An assessment of the extent to which the 
                activities under the demonstration project led to 
                improvements in services and continuity of care for 
                eligible dependents.
                    (C) An assessment of the extent to which the 
                activities under the demonstration project improved 
                military family readiness and enhanced military 
                retention.

    (f) Relationship to Other Benefits.--Nothing in this section 
precludes the eligibility of members of the Armed Forces and their 
dependents for extended benefits under section 1079 of title 10, United 
States Code.
    (g) Reports.--
            (1) Report identifying covered military installations.--As a 
        result of the assessment required by subsection (a), the 
        Secretary of Defense shall submit to the congressional defense 
        committees, not later than December 31, 2008, a report 
        identifying those covered military installations that have 
        covered educational services and facilities available (on the 
        installation or in the vicinity of the installation) for 
        eligible dependents that provide special education and related 
        services consistent with the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.).
            (2) Reports on demonstration projects.--Not later than 30 
        months after the commencement of any demonstration project under 
        subsection (e), the Secretary of Defense shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the demonstration project. The 
        report shall include a description of the project, the results 
        of the evaluation under subsection (e)(6) with respect to the 
        project, and a description of plans for the further provision of 
        services for eligible dependents under the project.

    (h) Covered Educational Services Plan.--After completing the 
assessment required by subsection (a) and the report required by 
subsection (g)(1), the Secretary of Defense shall develop a plan that 
would ensure that all eligible dependents are able to obtain covered 
educational services. In the event that eligible members are assigned to 
military installations that are not identified in the report required by 
subsection (g)(1), the plan should ensure that such eligible dependents 
are still able to obtain covered educational services, including by the 
use of authority granted to the Secretary under section 2164 of title 
10, United States Code. The plan shall also include any legislative 
actions that the Secretary recommends to implement the plan and describe 
what funding or funding mechanisms may be needed to ensure eligible 
dependents obtain covered educational services. <<NOTE: Deadline.>>  The 
Secretary shall submit the plan to the congressional defense committees 
not later than July 1, 2009.

    (i) Definitions.--In this section:

[[Page 122 STAT. 136]]

            (1) The term ``autism'' refers to the Autism Spectrum 
        Disorders, which are developmental disabilities that cause 
        substantial impairments in the areas of social interaction, 
        emotional regulation, communication, and the integration of 
        higher-order cognitive processes and are often characterized by 
        the presence of unusual behaviors and interests. The term 
        includes autistic disorder, pervasive developmental disorder 
        (not otherwise specified), and Asperger's syndrome.
            (2) The term ``child'' has the meaning given that term in 
        section 1072 of title 10, United States Code.
            (3) The term ``covered military installation'' means a 
        military installation at which at least 1,000 members of the 
        Armed Forces are assigned who are eligible for an assignment 
        accompanied by dependents.
            (4) The term ``eligible member'' means a member of the Armed 
        Forces who--
                    (A) has a dependent child who is diagnosed with 
                autism; and
                    (B) is enrolled in an Exceptional Family Member 
                Program of the Department of Defense.
            (5) The term ``eligible dependent'' means a child of an 
        eligible member who is diagnosed with autism.
            (6) The term ``local educational agency'' has the meaning 
        given that term in section 8013(9) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713(9)), except that 
        the term includes publicly financed schools in communities, 
        Department of Defense domestic dependent elementary and 
        secondary schools, and schools of the defense dependents' 
        education system.
            (7) The term ``covered educational services'' includes 
        behavioral intervention services for autism, such as Applied 
        Behavioral Analysis.

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

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

    (b) Sense of Congress.--It is the sense of Congress that the people 
of the United States owe the deepest gratitude to Kaziah M. Hancock and 
the members of Project Compassion.

                        Subtitle I--Other Matters

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

    (a) In General.--

[[Page 122 STAT. 137]]

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

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

    ``(a) Restrictions on Competition and Remuneration.--Bands, 
ensembles, choruses, or similar musical units of the armed forces, 
including individual members of such a unit performing in an official 
capacity, may not--
            ``(1) engage in the performance of music in competition with 
        local civilian musicians; or
            ``(2) receive remuneration for official performances.

    ``(b) Members Performing in Personal Capacity.--A member of a band, 
ensemble, chorus, or similar musical unit of the armed forces may engage 
in the performance of music in the member's personal capacity, as an 
individual or part of a group, for remuneration or otherwise, if the 
member--
            ``(1) does not wear a military uniform for the performance;
            ``(2) does not identify himself or herself as a member of 
        the armed forces in connection with the performance; and
            ``(3) complies with all other applicable regulations and 
        standards of conduct.

    ``(c) Recordings.--(1) When authorized pursuant to regulations 
prescribed by the Secretary of Defense for purposes of this section, 
bands, ensembles, choruses, or similar musical units of the armed forces 
may produce recordings for distribution to the public, at a cost not to 
exceed production and distribution expenses.
    ``(2) Amounts received in payment for recordings distributed to the 
public under this subsection shall be credited to the appropriation or 
account providing the funds for the production of such recordings. Any 
amounts so credited shall be merged with amounts in the appropriation or 
account to which credited, and shall be available for the same purposes, 
and subject to the same conditions and limitations, as amounts in such 
appropriation or account.
    ``(d) Performance of Music in Competition With Local Civilian 
Musicians Defined.--(1) In this section, the term `performance of music 
in competition with local civilian musicians' includes performances--
            ``(A) that are more than incidental to events that are not 
        supported solely by appropriated funds and are not free to the 
        public; and
            ``(B) of background, dinner, dance, or other social music at 
        events, regardless of location, that are not supported solely by 
        appropriated funds.

    ``(2) The term does not include performances--
            ``(A) at official Federal Government events that are 
        supported solely by appropriated funds;
            ``(B) at concerts, parades, and other events that are 
        patriotic events or celebrations of national holidays and are 
        free to the public; or
            ``(C) that are incidental, such as short performances of 
        military or patriotic music to open or close events, to events 
        that are not supported solely by appropriated funds, in 
        compliance with applicable rules and regulations.''.

[[Page 122 STAT. 138]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 973 the following new item:

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

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

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

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

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

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

SEC. 593. GIFT ACCEPTANCE AUTHORITY.

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

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

    Section 9 of title 4, United States Code, is amended by striking 
``all persons present'' and all that follows through the end of the 
section and inserting the following: ``all persons present in uniform 
should render the military salute. Members of the Armed Forces

[[Page 122 STAT. 139]]

and veterans who are present but not in uniform may render the military 
salute. All other persons present should face the flag and stand at 
attention with their right hand over the heart, or if applicable, remove 
their headdress with their right hand and hold it at the left shoulder, 
the hand being over the heart. Citizens of other countries present 
should stand at attention. All such conduct toward the flag in a moving 
column should be rendered at the moment the flag passes.''.

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

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

SEC. 596. <<NOTE: 10 USC 1168 note.>>  MODIFICATION OF CERTIFICATE OF 
            RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

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

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

    (a) Secretary of Defense Report on Administrative Separations Based 
on Personality Disorder.--
            (1) Report required.--Not later than April 1, 2008, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        on all cases of administrative separation from the Armed Forces 
        of covered members of the Armed Forces on the basis of a 
        personality disorder.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A statement of the total number of cases, by 
                Armed Force, in which covered members of the Armed 
                Forces have been separated from the Armed Forces on the 
                basis of a personality disorder, and an identification 
                of the various forms of personality disorder forming the 
                basis for such separations.
                    (B) A statement of the total number of cases, by 
                Armed Force, in which covered members of the Armed 
                Forces

[[Page 122 STAT. 140]]

                who have served in Iraq and Afghanistan since October 
                2001 have been separated from the Armed Forces on the 
                basis of a personality disorder, and the identification 
                of the various forms of personality disorder forming the 
                basis for such separations.
                    (C) A summary of the policies, by Armed Force, 
                controlling administrative separations of members of the 
                Armed Forces based on personality disorder, and an 
                evaluation of the adequacy of such policies for ensuring 
                that covered members of the Armed Forces who may be 
                eligible for disability evaluation due to mental health 
                conditions are not separated from the Armed Forces on 
                the basis of a personality disorder.
                    (D) A discussion of measures being implemented to 
                ensure that members of the Armed Forces who should be 
                evaluated for disability separation or retirement due to 
                mental health conditions are not processed for 
                separation from the Armed Forces on the basis of a 
                personality disorder, and recommendations regarding how 
                members of the Armed Forces who may have been so 
                separated from the Armed Forces should be provided with 
                expedited review by the applicable board for the 
                correction of military records.

    (b) Comptroller General Report on Policies on Administrative 
Separation Based on Personality Disorder.--
            (1) Report required.--Not later than June 1, 2008, the 
        Comptroller General shall submit to Congress a report evaluating 
        the policies and procedures of the Department of Defense and of 
        the military departments relating to the separation of members 
        of the Armed Forces based on a personality disorder.
            (2) Elements.--The report required by paragraph (1) shall--
                    (A) include an audit of a sampling of cases to 
                determine the validity and clinical efficacy of the 
                policies and procedures referred to in paragraph (1) and 
                the extent, if any, of the divergence between the terms 
                of such policies and procedures and the implementation 
                of such policies and procedures; and
                    (B) include a determination by the Comptroller 
                General of whether, and to what extent, the policies and 
                procedures referred to in paragraph (1)--
                          (i) deviate from standard clinical diagnostic 
                      practices and current clinical standards; and
                          (ii) provide adequate safeguards aimed at 
                      ensuring that members of the Armed Forces who 
                      suffer from mental health conditions (including 
                      depression, post-traumatic stress disorder, or 
                      traumatic brain injury) resulting from service in 
                      a combat zone are not separated from the Armed 
                      Forces on the basis of a personality disorder.
            (3) Alternative submission method.--In lieu of submitting a 
        separate report under this subsection, the Comptroller may 
        include the evaluation, audit and determination required by this 
        subsection as part of the study of mental health services 
        required by section 723 of the Ronald W. Reagan National

[[Page 122 STAT. 141]]

        Defense Authorization Act of 2005 (Public Law 108-375; 118 Stat. 
        1989).

    (c) Covered Member of the Armed Forces Defined.--In this section, 
the term ``covered member of the Armed Forces'' includes the following:
            (1) Any member of a regular component of the Armed Forces 
        who has served in Iraq or Afghanistan since October 2001.
            (2) Any member of the Selected Reserve of the Ready Reserve 
        of the Armed Forces who served on active duty in Iraq or 
        Afghanistan since October 2001.

SEC. 598. <<NOTE: 10 USC 113 note.>>  PROGRAM TO COMMEMORATE 50TH 
            ANNIVERSARY OF THE VIETNAM WAR.

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

    (d) Names and Symbols.--The Secretary of Defense shall have the sole 
and exclusive right to use the name ``The United States of America 
Vietnam War Commemoration'', and such seal, emblems, and badges 
incorporating such name as the Secretary may lawfully adopt. Nothing in 
this section may be construed to supersede rights that are established 
or vested before the date of the enactment of this Act.
    (e) Commemorative Fund.--
            (1) Establishment and administration.--If the Secretary 
        establishes the commemorative program under subsection (a), the 
        Secretary the Treasury shall establish in the Treasury of the 
        United States an account to be known as the ``Department

[[Page 122 STAT. 142]]

        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) <<NOTE: Regulations.>>  Use of fund.--The Secretary 
        shall use the assets of the Fund only for the purpose of 
        conducting the commemorative program and shall prescribe such 
        regulations regarding the use of the Fund as the Secretary 
        considers to be necessary.
            (3) Deposits.--There shall be deposited into the Fund--
                    (A) amounts appropriated to the Fund;
                    (B) proceeds derived from the Secretary's use of the 
                exclusive rights described in subsection (d);
                    (C) donations made in support of the commemorative 
                program by private and corporate donors; and
                    (D) funds transferred to the Fund by the Secretary 
                from funds appropriated for fiscal year 2008 and 
                subsequent years for the Department of Defense.
            (4) Availability.--Subject to subsection (g)(2), amounts 
        deposited under paragraph (3) shall constitute the assets of the 
        Fund and remain available until expended.
            (5) Budget request.--The Secretary of Defense may establish 
        a separate budget line for the commemorative program. In the 
        budget justification materials submitted by the Secretary in 
        support of the budget of the President for any fiscal year for 
        which the Secretary establishes the separate budget line, the 
        Secretary shall--
                    (A) identify and explain any amounts expended for 
                the commemorative program in the fiscal year preceding 
                the budget request;
                    (B) identify and explain the amounts being requested 
                to support the commemorative program for the fiscal year 
                of the budget request; and
                    (C) present a summary of the fiscal status of the 
                Fund.

    (f) Acceptance of Voluntary Services.--
            (1) Authority to accept services.--Notwithstanding section 
        1342 of title 31, United States Code, the Secretary of Defense 
        may accept from any person voluntary services to be provided in 
        furtherance of the commemorative program. The Secretary of 
        Defense shall prohibit the solicitation of any voluntary 
        services if the nature or circumstances of such solicitation 
        would compromise the integrity or the appearance of integrity of 
        any program of the Department of Defense or of any individual 
        involved in the program.
            (2) Reimbursement of incidental expenses.--The Secretary may 
        provide for reimbursement of incidental expenses incurred by a 
        person providing voluntary services under this subsection. The 
        Secretary shall determine which expenses are eligible for 
        reimbursement under this paragraph.

    (g) Final Report.--
            (1) Report required.--Not later than 60 days after the end 
        of the commemorative program, if established by the Secretary of 
        Defense under subsection (a), the Secretary shall submit to 
        Congress a report containing an accounting of--
                    (A) all of the funds deposited into and expended 
                from the Fund;
                    (B) any other funds expended under this section; and
                    (C) any unobligated funds remaining in the Fund.

[[Page 122 STAT. 143]]

            (2) Treatment of unobligated funds.--Unobligated amounts 
        remaining in the Fund as of the end of the commemorative period 
        specified in subsection (b) shall be held in the Fund until 
        transferred by law.

    (h) Limitation on Expenditures.--Total expenditures from the Fund, 
using amounts appropriated to the Department of Defense, may not exceed 
$5,000,000 for fiscal year 2008 or for any subsequent fiscal year to 
carry out the commemorative program.
    (i) Funding.--Of the amount authorized to be appropriated pursuant 
to section 301(5) for Defense-wide activities, $1,000,000 shall be 
available for deposit in the Fund for fiscal year 2008 if the Fund is 
established under subsection (e).

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

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

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

[[Page 122 STAT. 144]]

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

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

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

[[Page 122 STAT. 145]]

                        Subtitle G--Other Matters

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

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>>  FISCAL YEAR 2008 INCREASE IN 
            MILITARY BASIC PAY.

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

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

    (a) Availability of Allowance.--Section 403(g)(1) of title 37, 
United States Code, is amended--
            (1) by inserting ``to attend accession training,'' after 
        ``active duty'' the first place it appears; and
            (2) by inserting a comma after ``contingency operation'' the 
        first place it appears.

    (b) <<NOTE: 37 USC 403 note.>>  Effective Date.--The amendments made 
by subsection (a) shall apply with respect to months beginning on or 
after the date of the enactment of this Act.

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

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

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

    (a) Clarification Regarding When Payments Required.--Subsection (a) 
of section 910 of title 37, United States Code, is amended by inserting 
before the period at the end of the first

[[Page 122 STAT. 146]]

sentence the following: ``, when the total monthly military compensation 
of the member is less than the average monthly civilian income of the 
member''.
    (b) Eligibility.--Subsection (b) of such section is amended to read 
as follows:
    ``(b) Eligibility.--(1) A member of a reserve component is entitled 
to a payment under this section for any full month of active duty of the 
member, when the total monthly military compensation of the member is 
less than the average monthly civilian income of the member, while the 
member is on active duty under an involuntary mobilization order, 
following the date on which the member--
            ``(A) completes 547 continuous days of service on active 
        duty under an involuntary mobilization order;
            ``(B) completes 730 cumulative days on active duty under an 
        involuntary mobilization order during the previous 1,826 days; 
        or
            ``(C) is involuntarily mobilized for service on active duty 
        for a period of 180 days or more within 180 days after the date 
        of the member's separation from a previous period of active duty 
        for a period of 180 days or more.

    ``(2) The entitlement of a member of a reserve component to a 
payment under this section also shall commence or, if previously 
commenced under paragraph (1), shall continue if the member--
            ``(A) satisfies the required number of days on active duty 
        specified in subparagraph (A) or (B) of paragraph (1) or was 
        involuntarily mobilized as provided in subparagraph (C) of such 
        paragraph; and
            ``(B) is retained on active duty under subparagraph (A) or 
        (B) of section 12301(h)(1) of title 10 because of an injury or 
        illness incurred or aggravated while the member was assigned to 
        duty in an area for which special pay under section 310 of this 
        title is available.''.

    (c) Termination of Authority.--Subsection (g) of such section is 
amended to read as follows:
    ``(g) Termination.--No payment shall be made to a member under this 
section for months beginning after December 31, 2008, unless the 
entitlement of the member to payments under this section commenced on or 
before that date.''.

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

    (a) Semi-Monthly Deposit of Member's Contributions.--Section 1014 of 
title 37, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) With respect to a member of the uniformed services who has 
elected to participate in the Thrift Savings Plan under section 211 of 
this title, subsection (a) does not preclude the payment of an amount 
equal to one-half of the monthly deposit to the Thrift Savings Fund 
otherwise to be made by the member in participating in the Plan, which 
amount may be deposited in the Thrift Savings Fund at midmonth.''.
    (b) Semi-Monthly Repayment of Borrowed Amounts.--Section 211 of such 
title is amended by adding at the end the following new subsection:

[[Page 122 STAT. 147]]

    ``(e) Repayment of Amounts Borrowed From Member Account.--If a loan 
is issued to a member under section 8433(g) of title 5 from funds in the 
member's account in the Thrift Savings Plan, repayment of the loan may 
be required on the same semi-monthly basis as authorized for 
contributions to the Thrift Savings Fund on behalf of the member under 
section 1014(c) of this title.''.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 610. <<NOTE: 10 USC 2130a note.>>  CORRECTION OF LAPSED AUTHORITIES 
            FOR PAYMENT OF BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS 
            FOR MEMBERS OF THE UNIFORMED SERVICES.

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

    (d) Tax Treatment.--The payment of a bonus, special pay, or similar 
benefit under a provision of title 10 or 37, United States Code, amended 
by section 611, 612, 613, or 614 to an individual who would have been 
entitled to the tax treatment accorded by section 112 of the Internal 
Revenue Code of 1986 on the date on which the member would have 
otherwise earned the bonus, special pay, or similar benefit, but for the 
fact that the statutory authority for the bonus, special pay, or similar 
benefit lapsed on

[[Page 122 STAT. 148]]

December 31, 2007, shall be treated as covered by such section 112.
    (e) Retroactive Implementation of Army Referral Bonus.--The 
Secretary of the Army may pay a bonus under section 3252 of title 10, 
United States Code, as added by section 671(a)(1), to an individual 
referred to in subsection (a)(2) of such section 3252 who made a 
referral, as described in subsection (b) of such section 3252, to an 
Army recruiter during the period beginning on January 1, 2008, and 
ending on the date of the enactment of this Act.
    (f) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' has the meaning given that term in section 
101(5) of title 37, United States Code.

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

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

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

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

[[Page 122 STAT. 149]]

    (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``December 31, 2007'' and inserting 
``December 31, 2008''.
    (h) Accession Bonus for Medical Officers in Critically Short Wartime 
Specialties.--Section 302k(f) of such title is amended by striking 
``December 31, 2007'' and inserting ``December 31, 2008''.
    (i) Accession Bonus for Dental Specialist Officers in Critically 
Short Wartime Specialties.--Section 302l(g) of such title is amended by 
striking ``December 31, 2007'' and inserting ``December 31, 2008''.

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

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

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

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

[[Page 122 STAT. 150]]

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

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

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

    (a) Increase.--Section 302b(a)(4) of title 37, United States Code, 
is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``at the following rates'' and inserting ``at a rate determined 
        by the Secretary concerned, which rate may not exceed the 
        following'';
            (2) in subparagraph (A), by striking ``$4,000'' and 
        inserting ``$10,000''; and
            (3) in subparagraph (B), by striking ``$6,000'' and 
        inserting ``$12,000''.

    (b) <<NOTE: 37 USC 302b note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to agreements entered into 
under section 302b(b) of title 37, United States Code, on or after the 
date of the enactment of this Act.

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

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

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

    ``(a) Special Pay Authorized.--A member of a uniformed service who 
is entitled to basic pay may be paid special pay under this section 
while the member is performing duty that is designated by the Secretary 
of Defense as hardship duty.
    ``(b) Payment on Monthly or Lump Sum Basis.--Special pay payable 
under this section may be paid on a monthly basis or in a lump sum.
    ``(c) Maximum Rate or Amount.--(1) The monthly rate of special pay 
payable to a member under this section may not exceed $1,500.
    ``(2) The amount of the lump sum payment of special pay payable to a 
member under this section may not exceed the product of--
            ``(A) the maximum monthly rate in effect under paragraph (1) 
        at the time the member qualifies for payment of special pay 
        under this section; and
            ``(B) the number of months during which the member will be 
        performing the designated hardship duty.

    ``(d) Relationship to Other Pay and Allowances.--Special pay paid to 
a member under this section is in addition to any other pay and 
allowances to which the member is entitled.

[[Page 122 STAT. 151]]

    ``(e) Repayment.--A member who is paid special pay in a lump sum 
under this section, but who fails to perform the designated hardship 
duty during the months included in the calculation of the amount of the 
lump sum under subsection (c)(2), shall be subject to the repayment 
provisions of section 303a(e) of this title.
    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations for the payment of hardship duty pay under this section, 
including the specific monthly rates at which the special pay will be 
available.''.

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

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

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

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

    (d) <<NOTE: 37 USC 308b note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to reenlistments or 
extensions of enlistment that occur on or after the date of the 
enactment of this Act.

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

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

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

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

[[Page 122 STAT. 152]]

            (2) in subsection (e)(1), by striking ``the end of 26 years 
        of commissioned service'' and inserting ``the maximum number of 
        years of commissioned service authorized by subsection (a)(3)''.

    (b) <<NOTE: 37 USC 312 note.>>  Effect on Existing Agreements.--The 
Secretary of the Navy and an officer of the naval service who is a party 
to an agreement under section 312 of title 37, United States Code, that 
was entered into before the date of the enactment of this Act may revise 
the agreement to reflect the new limitation on the number of years of 
commissioned service that the officer may serve while remaining eligible 
for special pay under such section.

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

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

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

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

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

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

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

    (c) <<NOTE: 10 USC 2128 note.>>  Effective Date.--The amendment made 
by subsection (a) shall apply with respect to agreements entered into 
under section 2122(a)(2) of title 10, United States Code, on or after 
the date of the enactment of this Act.

[[Page 122 STAT. 153]]

SEC. 624. <<NOTE: 37 USC 307a note.>>  PAYMENT OF ASSIGNMENT INCENTIVE 
            PAY FOR RESERVE MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN 
            22 MONTHS.

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

    ``(a) Allowance Authorized.--The Secretary concerned may reimburse 
an eligible member of the Selected Reserve of the Ready Reserve for 
travel expenses for travel to an inactive duty training location to 
perform inactive duty training when the member is required to commute a 
distance from the member's permanent residence to the inactive duty 
training location that is outside the normal commuting distance (as 
determined under the regulations prescribed under subsection (d)) for 
that commute.
    ``(b) Eligible Members.--To be eligible for reimbursement under 
subsection (a), a member of the Selected Reserve of the Ready Reserve 
must be--
            ``(1) qualified in a skill designated as critically short by 
        the Secretary concerned;
            ``(2) assigned to a unit of the Selected Reserve with a 
        critical manpower shortage or in a pay grade in the member's 
        reserve component with a critical manpower shortage; or

[[Page 122 STAT. 154]]

            ``(3) assigned to a unit or position that is disestablished 
        or relocated as a result of defense base closure or realignment 
        or another force structure reallocation.

    ``(c) Maximum Reimbursement Amount.--The amount of reimbursement 
provided a member under subsection (a) for each round trip to a training 
location may not exceed $300.
    ``(d) Regulations.--The Secretary concerned shall prescribe 
regulations to carry out this section. Regulations prescribed by the 
Secretary of a military department shall be subject to the approval of 
the Secretary of Defense.
    ``(e) Termination.--No reimbursement may be provided under this 
section for travel that occurs after December 31, 2010.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 7 of such title is amended by inserting 
        after the item relating to section 408 the following new item:

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

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

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

    (a) Eligible Relatives.--Paragraph (1) of section 411f(c) of title 
37, United States Code, is amended--
            (1) by striking subparagraph (B) and inserting the following 
        new subparagraph:
            ``(B) The child or children of the deceased member 
        (including stepchildren, adopted children, and illegitimate 
        children).''; and
            (2) by adding at the end the following new subparagraphs:
            ``(D) The sibling or siblings of the deceased member.
            ``(E) The person who directs the disposition of the remains 
        of the deceased member under section 1482(c) of title 10 or, in 
        the case of a deceased member whose remains are commingled and 
        buried in a common grave in a national cemetery, the person who 
        would have been designated under such section to direct the 
        disposition of the remains if individual identification had been 
        made.''.

    (b) Other Persons.--Paragraph (2) of such section is amended to read 
as follows:
    ``(2) If no person described in subparagraphs (A) through (D) of 
paragraph (1) is provided travel and transportation allowances under 
subsection (a)(1), the travel and transportation allowances may be 
provided to one or two other persons who are closely related to the 
deceased member and are selected by the person referred to in paragraph 
(1)(E). A person provided travel and transportation allowances under 
this paragraph is in addition to the person referred to in paragraph 
(1)(E).''.

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

    (a) Allowance for Participation in Electronic Screening.--

[[Page 122 STAT. 155]]

            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 433 the following new 
        section:

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

    ``(a) Allowance Authorized.--(1) <<NOTE: Regulations.>> Under 
regulations prescribed by the Secretaries concerned, a member of the 
Individual Ready Reserve may be paid a stipend for participation in the 
screening performed pursuant to section 10149 of title 10, in lieu of 
muster duty performed under section 12319 of title 10, if such 
participation is conducted through electronic means.

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

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

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

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

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

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

    Section 2031 of title 10, United States Code, is amended by adding 
at the end the following new subsection:

[[Page 122 STAT. 156]]

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

              Subtitle D--Retired Pay and Survivor Benefits

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

    (a) Expanded Eligibility for Chapter 61 Military Retirees.--
Subsection (c) of section 1413a of title 10, United States Code, is 
amended by striking ``entitled to retired pay who--'' and all that 
follows and inserting ``who--
            ``(1) is entitled to retired pay (other than by reason of 
        section 12731b of this title); and
            ``(2) has a combat-related disability.''.

    (b) Computation.--Paragraph (3) of subsection (b) of such section is 
amended--
            (1) by striking ``In the case of'' and inserting the 
        following:
                    ``(A) General rule.--In the case of''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Special rule for retirees with fewer than 20 
                years of service.--In the case of an eligible combat-
                related disabled uniformed services retiree who is 
                retired under chapter 61 of this title with fewer than 
                20 years of creditable service, the amount of the 
                payment under paragraph (1) for any month shall be 
                reduced by the amount (if any) by which the amount of 
                the member's retired pay under chapter 61 of this title 
                exceeds the amount equal to 2\1/2\ percent of the 
                member's years of creditable service multiplied by the 
                member's retired pay base under section 1406(b)(1) or 
                1407 of this title, whichever is applicable to the 
                member.''.

    (c) <<NOTE: Applicability. 10 USC 1413a note.>>  Effective Date.--
The amendments made by this section shall take effect on January 1, 
2008, and shall apply to payments for months beginning on or after that 
date.

[[Page 122 STAT. 157]]

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

    (a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, United 
States Code, is amended by striking ``except that'' and all that follows 
and inserting ``except that payment of retired pay is subject to 
subsection (c) only during the period beginning on January 1, 2004, and 
ending on December 31, 2004, in the case of the following:
                    ``(A) A qualified retiree receiving veterans' 
                disability compensation for a disability rated as 100 
                percent.
                    ``(B) A qualified retiree receiving veterans' 
                disability compensation at the rate payable for a 100 
                percent disability by reason of a determination of 
                individual unemployability.''.

    (b) <<NOTE: 10 USC 1414 note.>>  Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendment 
        made by subsection (a) shall take effect as of December 31, 
        2004.
            (2) Timing of payment of retroactive benefits.--Any amount 
        payable for a period before October 1, 2008, by reason of the 
        amendment made by subsection (a) shall not be paid until after 
        that date.

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

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

    (b) <<NOTE: 10 USC 1450 note.>>  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.

[[Page 122 STAT. 158]]

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

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

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

    (a) Authority to Designate Recipients.--Section 1477 of title 10, 
United States Code, is amended--

[[Page 122 STAT. 159]]

            (1) by striking subsections (c) and (d);
            (2) by redesignating subsection (b) as subsection (d) and, 
        in such subsection, by striking ``Subsection (a)(2)'' and 
        inserting ``Treatment of Children.--Subsection (b)(2)''; and
            (3) by striking subsection (a) and inserting the following 
        new subsections:

    ``(a) Designation of Recipients.--(1) On and after July 1, 2008, or 
such earlier date as the Secretary of Defense may prescribe, a person 
covered by section 1475 or 1476 of this title may designate one or more 
persons to receive all or a portion of the amount payable under section 
1478 of this title. The designation of a person to receive a portion of 
the amount shall indicate the percentage of the amount, to be specified 
only in 10 percent increments, that the designated person may receive. 
The balance of the amount of the death gratuity, if any, shall be paid 
in accordance with subsection (b).
    ``(2) <<NOTE: Notification.>>  If a person covered by section 1475 
or 1476 of this title has a spouse, but designates a person other than 
the spouse to receive all or a portion of the amount payable under 
section 1478 of this title, the Secretary concerned shall provide notice 
of the designation to the spouse.

    ``(b) Distribution of Remainder; Distribution in Absence of 
Designated Recipient.--If a person covered by section 1475 or 1476 of 
this title does not make a designation under subsection (a) or 
designates only a portion of the amount payable under section 1478 of 
this title, the amount of the death gratuity not covered by a 
designation shall be paid as follows:
            ``(1) To the surviving spouse of the person, if any.
            ``(2) If there is no surviving spouse, to any surviving 
        children (as prescribed by subsection (d)) of the person and the 
        descendants of any deceased children by representation.
            ``(3) If there is none of the above, to the surviving 
        parents (as prescribed by subsection (c)) of the person or the 
        survivor of them.
            ``(4) If there is none of the above, to the duly-appointed 
        executor or administrator of the estate of the person.
            ``(5) If there is none of the above, to other next of kin of 
        the person entitled under the laws of domicile of the person at 
        the time of the person's death.

    ``(c) Treatment of Parents.--For purposes of subsection (b)(3), 
parents include fathers and mothers through adoption. However, only one 
father and one mother may be recognized in any case, and preference 
shall be given to those who exercised a parental relationship on the 
date, or most nearly before the date, on which the decedent entered a 
status described in section 1475 or 1476 of this title.''.
    (b) Clerical and Conforming Amendments.--Subsection (e) of such 
section is amended--
            (1) by inserting ``Effect of Death Before Receipt of 
        Gratuity.--'' after ``(e)'';
            (2) by striking ``subsection (a) or (d)'' and inserting 
        ``subsection (a) or (b)''; and
            (3) by striking ``subsection (a).'' and inserting 
        ``subsection (b)''.

    (c) <<NOTE: Termination date. 10 USC 1477 note.>>  Existing 
Designation Authority.--The authority provided by subsection (d) of 
section 1477 of title 10, United States Code, as in effect on the day 
before the date of the enactment of this

[[Page 122 STAT. 160]]

Act, shall remain available to persons covered by section 1475 or 1476 
of such title until July 1, 2008, or such earlier date as the Secretary 
of Defense may prescribe, and any designation under such subsection made 
before July 1, 2008, or the earlier date prescribed by the Secretary, 
shall continue in effect until such time as the person who made the 
designation makes a new designation under such section 1477, as amended 
by subsection (a) of this section.

    (d) <<NOTE: 10 USC 1477 note.>>  Regulations.--
            (1) In general.--Not <<NOTE: Deadline.>>  later than April 
        1, 2008, the Secretary of Defense shall prescribe regulations to 
        implement the amendments to section 1477 of title 10, United 
        States Code, made by subsection (a).
            (2) Elements.--The regulations required by paragraph (1) 
        shall include forms for the making of the designation 
        contemplated by subsection (a) of section 1477 of title 10, 
        United States Code, as amended by subsection (a) of this 
        section, and instructions for members of the Armed Forces in the 
        filling out of such forms.

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

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

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

    (a) Reduced Eligibility Age.--Section 12731 of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) has attained the eligibility age applicable under 
        subsection (f) to that person;''; and
            (2) by adding at the end the following new subsection:

    ``(f)(1) Subject to paragraph (2), the eligibility age for purposes 
of subsection (a)(1) is 60 years of age.
    ``(2)(A) In the case of a person who as a member of the Ready 
Reserve serves on active duty or performs active service described in 
subparagraph (B) after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008, the eligibility age for purposes 
of subsection (a)(1) shall be reduced below 60 years of age by three 
months for each aggregate of 90 days on which such person so performs in 
any fiscal year after such date, subject

[[Page 122 STAT. 161]]

to subparagraph (C). A day of duty may be included in only one aggregate 
of 90 days for purposes of this subparagraph.
    ``(B)(i) Service on active duty described in this subparagraph is 
service on active duty pursuant to a call or order to active duty under 
a provision of law referred to in section 101(a)(13)(B) or under section 
12301(d) of this title. Such service does not include service on active 
duty pursuant to a call or order to active duty under section 12310 of 
this title.
    ``(ii) <<NOTE: President.>>  Active service described in this 
subparagraph is also service under a call to active service authorized 
by the President or the Secretary of Defense under section 502(f) of 
title 32 for purposes of responding to a national emergency declared by 
the President or supported by Federal funds.

    ``(C) The eligibility age for purposes of subsection (a)(1) may not 
be reduced below 50 years of age for any person under subparagraph 
(A).''.
    (b) Continuation of Age 60 as Minimum Age for Eligibility of Non-
Regular Service Retirees for Health Care.--Section 1074(b) of such title 
is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Paragraph (1) does not apply to a member or former member 
entitled to retired pay for non-regular service under chapter 1223 of 
this title who is under 60 years of age.''.
    (c) <<NOTE: 10 USC 12731 note.>>  Administration of Related 
Provisions of Law or Policy.--With respect to any provision of law, or 
of any policy, regulation, or directive of the executive branch that 
refers to a member or former member of the uniformed services as being 
eligible for, or entitled to, retired pay under chapter 1223 of title 
10, United States Code, but for the fact that the member or former 
member is under 60 years of age, such provision shall be carried out 
with respect to that member or former member by substituting for the 
reference to being 60 years of age a reference to having attained the 
eligibility age applicable under subsection (f) of section 12731 of 
title 10, United States Code (as added by subsection (a)), to such 
member or former member for qualification for such retired pay under 
subsection (a) of such section.

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

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

[[Page 122 STAT. 162]]

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

    (a) Resumption for Members Involuntarily Separated From Active 
Duty.--Section 1146 of title 10, United States Code, is amended--
            (1) by inserting ``(a) Members Involuntarily Separated From 
        Active Duty.--'' before ``The Secretary of Defense'';
            (2) in the first sentence, by striking ``October 1, 1990, 
        and ending on December 31, 2001'' and inserting ``October 1, 
        2007, and ending on December 31, 2012''; and
            (3) in the second sentence, by striking ``the period 
        beginning on October 1, 1994, and ending on December 31, 2001'' 
        and inserting ``the same period''.

    (b) Extension to Members Involuntarily Separated From Selected 
Reserve.--Such section is further amended by adding at the end the 
following new subsection:
    ``(b) Members Involuntarily Separated From Selected Reserve.--
The <<NOTE: Regulations.>> Secretary of Defense shall prescribe 
regulations to allow a member of the Selected Reserve of the Ready 
Reserve who is involuntarily separated from the Selected Reserve as a 
result of the exercise of the force shaping authority of the Secretary 
concerned under section 647 of this title or other force shaping 
authority during the period beginning on October 1, 2007, and ending on 
December 31, 2012, to continue to use commissary and exchange stores 
during the two-year period beginning on the date of the involuntary 
separation of the member in the same manner as a member on active duty. 
The Secretary of Homeland Security shall implement this provision for 
Coast Guard members involuntarily separated during the same period.''.

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

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

    ``(e) An employee of a nonappropriated fund instrumentality 
described in section 2105(c) of this title is deemed an employee covered 
by this section.''.

[[Page 122 STAT. 163]]

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

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

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

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

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

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

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

    ``(a) Authority to Provide Bonus.--The Secretary concerned may pay a 
bonus under this section to a person, including a member of the armed 
forces, who--
            ``(1) enlists in an armed force;
            ``(2) enlists in or affiliates with a reserve component of 
        an armed force;
            ``(3) reenlists, voluntarily extends an enlistment, or 
        otherwise agrees to serve--
                    ``(A) for a specified period in a designated career 
                field, skill, or unit of an armed force; or
                    ``(B) under other conditions of service in an armed 
                force;
            ``(4) transfers from a regular component of an armed force 
        to a reserve component of that same armed force or from a 
        reserve component of an armed force to the regular component of 
        that same armed force; or
            ``(5) transfers from a regular component or reserve 
        component of an armed force to a regular component or reserve 
        component of another armed force, subject to the approval of the 
        Secretary with jurisdiction over the armed force to which the 
        member is transferring.

    ``(b) Service Eligibility.--A bonus authorized by subsection (a) may 
be paid to a person or member only if the person or member agrees under 
subsection (d)--
            ``(1) to serve for a specified period in a designated career 
        field, skill, unit, or grade; or
            ``(2) to meet some other condition or conditions of service 
        imposed by the Secretary concerned.

    ``(c) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary concerned shall 
        determine the amount of a bonus to be paid under this section, 
        except that--
                    ``(A) a bonus paid under paragraph (1) or (2) of 
                subsection (a) may not exceed $50,000 for a minimum two-
                year period of obligated service agreed to under 
                subsection (d);

[[Page 122 STAT. 164]]

                    ``(B) a bonus paid under paragraph (3) of subsection 
                (a) may not exceed $30,000 for each year of obligated 
                service in a regular component agreed to under 
                subsection (d);
                    ``(C) a bonus paid under paragraph (3) of subsection 
                (a) may not exceed $15,000 for each year of obligated 
                service in a reserve component agreed to under 
                subsection (d); and
                    ``(D) a bonus paid under paragraph (4) or (5) of 
                subsection (a) may not exceed $10,000.
            ``(2) Lump sum or installments.--A bonus under this section 
        may be paid in a lump sum or in periodic installments, as 
        determined by the Secretary concerned.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (d), 
        the total amount of the bonus to be paid under the agreement 
        shall be fixed.

    ``(d) Written Agreement.--To receive a bonus under this section, a 
person or member determined to be eligible for the bonus shall enter 
into a written agreement with the Secretary concerned that specifies--
            ``(1) the amount of the bonus;
            ``(2) the method of payment of the bonus under subsection 
        (c)(2);
            ``(3) the period of obligated service; and
            ``(4) the type or conditions of the service.

    ``(e) Relationship to Other Pay and Allowances.--A bonus paid to a 
person or member under this section is in addition to any other pay and 
allowance to which the person or member is entitled.
    ``(f) Relationship to Prohibition on Bounties.--A bonus authorized 
under this section is not a bounty for purposes of section 514(a) of 
title 10.
    ``(g) Repayment.--A person or member who receives a bonus under this 
section and who fails to complete the period of service, or meet the 
conditions of service, for which the bonus is paid, as specified in the 
written agreement under subsection (d), shall be subject to the 
repayment provisions of section 373 of this title.
    ``(h) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

``Sec. 332. General bonus authority for officers

    ``(a) Authority To Provide Bonus.--The Secretary concerned may pay a 
bonus under this section to a person, including an officer in the 
uniformed services, who--
            ``(1) accepts a commission or appointment as an officer in a 
        uniformed service;
            ``(2) affiliates with a reserve component of a uniformed 
        service;
            ``(3) agrees to remain on active duty or to serve in an 
        active status for a specific period as an officer in a uniformed 
        service;
            ``(4) transfers from a regular component of a uniformed 
        service to a reserve component of that same uniformed service or 
        from a reserve component of a uniformed service to the regular 
        component of that same uniformed service; or

[[Page 122 STAT. 165]]

            ``(5) transfers from a regular component or reserve 
        component of a uniformed service to a regular component or 
        reserve component of another uniformed service, subject to the 
        approval of the Secretary with jurisdiction over the uniformed 
        service to which the member is transferring.

    ``(b) Service Eligibility.--A bonus authorized by subsection (a) may 
be paid to a person or officer only if the person or officer agrees 
under subsection (d)--
            ``(1) to serve for a specified period in a designated career 
        field, skill, unit, or grade; or
            ``(2) to meet some other condition or conditions of service 
        imposed by the Secretary concerned.

    ``(c) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary concerned shall 
        determine the amount of a bonus to be paid under this section, 
        except that--
                    ``(A) a bonus paid under paragraph (1) of subsection 
                (a) may not exceed $60,000 for a minimum three-year 
                period of obligated service agreed to under subsection 
                (d);
                    ``(B) a bonus paid under paragraph (2) of subsection 
                (a) may not exceed $12,000 for a minimum three-year 
                period of obligated service agreed to under subsection 
                (d);
                    ``(C) a bonus paid under paragraph (3) of subsection 
                (a) may not exceed $50,000 for each year of obligated 
                service in a regular component agreed to under 
                subsection (d);
                    ``(D) a bonus paid under paragraph (3) of subsection 
                (a) may not exceed $12,000 for each year of obligated 
                service in a reserve component agreed to under 
                subsection (d); and
                    ``(E) a bonus paid under paragraph (4) or (5) of 
                subsection (a) may not exceed $10,000.
            ``(2) Lump sum or installments.--A bonus under this section 
        may be paid in a lump sum or in periodic installments, as 
        determined by the Secretary concerned.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (d), 
        the total amount of the bonus to be paid under the agreement 
        shall be fixed.

    ``(d) Written Agreement.--To receive a bonus under this section, a 
person or officer determined to be eligible for the bonus shall enter 
into a written agreement with the Secretary concerned that specifies--
            ``(1) the amount of the bonus;
            ``(2) the method of payment of the bonus under subsection 
        (c)(2);
            ``(3) the period of obligated service; and
            ``(4) the type or conditions of the service.

    ``(e) Relationship to Other Pay and Allowances.--The bonus paid to a 
person or officer under this section is in addition to any other pay and 
allowance to which the person or officer is entitled.
    ``(f) Repayment.--A person or officer who receives a bonus under 
this section and who fails to complete the period of service, or meet 
the conditions of service, for which the bonus is paid, as specified in 
the written agreement under subsection (d), shall be subject to the 
repayment provisions of section 373 of this title.

[[Page 122 STAT. 166]]

    ``(g) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

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

    ``(a) Nuclear Officer Bonus.--The Secretary of the Navy may pay a 
nuclear officer bonus under this section to a person, including an 
officer in the Navy, who--
            ``(1) is selected for the officer naval nuclear power 
        training program in connection with the supervision, operation, 
        and maintenance of naval nuclear propulsion plants and agrees to 
        serve, upon completion of such training, on active duty in 
        connection with the supervision, operation, and maintenance of 
        naval nuclear propulsion plants; or
            ``(2) has the current technical and operational 
        qualification for duty in connection with the supervision, 
        operation, and maintenance of naval nuclear propulsion plants 
        and agrees to remain on active duty in connection with the 
        supervision, operation, and maintenance of naval nuclear 
        propulsion plants.

    ``(b) Nuclear Officer Incentive Pay.--The Secretary of the Navy may 
pay nuclear officer incentive pay under this section to an officer in 
the Navy who--
            ``(1) is entitled to basic pay under section 204 of this 
        title; and
            ``(2) remains on active duty for a specified period while 
        maintaining current technical and operational qualifications, as 
        approved by the Secretary, for duty in connection with the 
        supervision, operation, and maintenance of naval nuclear 
        propulsion plants.

    ``(c) Additional Eligibility Criteria.--The Secretary of the Navy 
may impose such additional criteria for the receipt of a nuclear officer 
bonus or nuclear officer incentive pay under this section as the 
Secretary determines to be appropriate.
    ``(d) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary of the Navy shall 
        determine the amounts of a nuclear officer bonus or nuclear 
        officer incentive pay to be paid under this section, except 
        that--
                    ``(A) a nuclear officer bonus paid under subsection 
                (a) may not exceed $35,000 for each 12-month period of 
                the agreement under subsection (e); and
                    ``(B) the amount of nuclear officer incentive paid 
                under subsection (b) may not exceed $25,000 for each 12-
                month period of qualifying service.
            ``(2) Lump sum or installments.--A nuclear officer bonus or 
        nuclear officer incentive pay under this section may be paid in 
        a lump sum or in periodic installments.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (e), 
        the total amount of the nuclear officer bonus to be paid under 
        the agreement shall be fixed.

    ``(e) Written Agreement for Bonus.--
            ``(1) Agreement required.--To receive a nuclear officer 
        bonus under subsection (a), a person or officer determined to be 
        eligible for the bonus shall enter into a written agreement with 
        the Secretary of the Navy that specifies--
                    ``(A) the amount of the bonus;

[[Page 122 STAT. 167]]

                    ``(B) the method of payment of the bonus under 
                subsection (d)(2);
                    ``(C) the period of obligated service; and
                    ``(D) the type or conditions of the service.
            ``(2) Replacement agreement.--An officer who is performing 
        obligated service under an agreement for a nuclear officer bonus 
        may execute a new agreement to replace the existing agreement if 
        the amount to be paid under the new agreement will be higher 
        than the amount to be paid under the existing agreement. The 
        period of the new agreement shall be equal to or exceed the 
        remaining term of the period of the officer's existing 
        agreement. If a new agreement is executed under this paragraph, 
        the existing agreement shall be cancelled, effective on the day 
        before an anniversary date of the existing agreement occurring 
        after the date on which the amount to be paid under this 
        paragraph is increased.

    ``(f) Relationship to Other Pay and Allowances.--A nuclear officer 
bonus or nuclear officer incentive pay paid to a person or officer under 
this section is in addition to any other pay and allowance to which the 
person or officer is entitled, except that a person or officer may not 
receive a payment under this section and section 332 or 353 of this 
title for the same skill and period of service.
    ``(g) Repayment.--A person or officer who receives a nuclear officer 
bonus or nuclear officer incentive pay under this section and who fails 
to complete the officer naval nuclear power training program, maintain 
required technical and operational qualifications, complete the period 
of service, or meet the types or conditions of service for which the 
bonus or incentive pay is paid, as specified in the written agreement 
under subsection (e) in the case of a nuclear officer bonus, shall be 
subject to the repayment provisions of section 373 of this title.
    ``(h) Regulations.--This section shall be administered under 
regulations prescribed by the Secretary of the Navy.
    ``(i) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

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

    ``(a) Aviation Incentive Pay.--The Secretary concerned may pay 
aviation incentive pay under this section to an officer in a regular or 
reserve component of a uniformed service who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title;
            ``(2) maintains, or is in training leading to, an 
        aeronautical rating or designation that qualifies the officer to 
        engage in operational flying duty or proficiency flying duty;
            ``(3) engages in, or is in training leading to, frequent and 
        regular performance of operational flying duty or proficiency 
        flying duty;
            ``(4) engages in or remains in aviation service for a 
        specified period; and
            ``(5) meets such other criteria as the Secretary concerned 
        determines appropriate.

    ``(b) Aviation Bonus.--The Secretary concerned may pay an aviation 
bonus under this section to an officer in a regular or reserve component 
of a uniformed service who--

[[Page 122 STAT. 168]]

            ``(1) is entitled to aviation incentive pay under subsection 
        (a);
            ``(2) has completed any active duty service commitment 
        incurred for undergraduate aviator training or is within one 
        year of completing such commitment;
            ``(3) executes a written agreement to remain on active duty 
        in a regular component or to serve in an active status in a 
        reserve component in aviation service for at least one year; and
            ``(4) meets such other criteria as the Secretary concerned 
        determines appropriate.

    ``(c) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary concerned shall 
        determine the amount of a bonus or incentive pay to be paid 
        under this section, except that--
                    ``(A) aviation incentive pay under subsection (a) 
                shall be paid at a monthly rate, not to exceed $850 per 
                month; and
                    ``(B) an aviation bonus under subsection (b) may not 
                exceed $25,000 for each 12-month period of obligated 
                service agreed to under subsection (d).
            ``(2) Lump sum or installments.--A bonus under this section 
        may be paid in a lump sum or in periodic installments, as 
        determined by the Secretary concerned.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (d), 
        the total amount of the bonus to be paid under the agreement 
        shall be fixed.

    ``(d) Written Agreement for Bonus.--To receive an aviation officer 
bonus under this section, an officer determined to be eligible for the 
bonus shall enter into a written agreement with the Secretary concerned 
that specifies--
            ``(1) the amount of the bonus;
            ``(2) the method of payment of the bonus under subsection 
        (c)(2);
            ``(3) the period of obligated service; and
            ``(4) the type or conditions of the service.

    ``(e) Reserve Component Officers Performing Inactive Duty 
Training.--A reserve component officer who is entitled to compensation 
under section 206 of this title and who is authorized aviation incentive 
pay under this section may be paid an amount of incentive pay that is 
proportionate to the compensation received under section 206 for 
inactive-duty training.
    ``(f) Relationship to Other Pay and Allowances.--
            ``(1) Aviation incentive pay.--Aviation incentive pay paid 
        to an officer under subsection (a) shall be in addition to any 
        other pay and allowance to which the officer is entitled, except 
        that an officer may not receive a payment under such subsection 
        and section 351 or 353 of this title for the same skill and 
        period of service.
            ``(2) Aviation bonus.--An aviation bonus paid to an officer 
        under subsection (b) shall be in addition to any other pay and 
        allowance to which the officer is entitled, except that an 
        officer may not receive a payment under such subsection and 
        section 332 or 353 of this title for the same skill and period 
        of service.

[[Page 122 STAT. 169]]

    ``(g) Repayment.--An officer who receives aviation incentive pay or 
an aviation bonus under this section and who fails to fulfill the 
eligibility requirements for the receipt of the incentive pay or bonus 
or complete the period of service for which the incentive pay or bonus 
is paid, as specified in the written agreement under subsection (d) in 
the case of a bonus, shall be subject to the repayment provisions of 
section 373 of this title.
    ``(h) Definitions.--In this section:
            ``(1) The term `aviation service' means service performed by 
        an officer in a regular or reserve component (except a flight 
        surgeon or other medical officer) while holding an aeronautical 
        rating or designation or while in training to receive an 
        aeronautical rating or designation.
            ``(2) The term `operational flying duty' means flying 
        performed under competent orders by rated or designated regular 
        or reserve component officers while serving in assignments in 
        which basic flying skills normally are maintained in the 
        performance of assigned duties as determined by the Secretary 
        concerned, and flying performed by members in training that 
        leads to the award of an aeronautical rating or designation.
            ``(3) The term `proficiency flying duty' means flying 
        performed under competent orders by rated or designated regular 
        or reserve component officers while serving in assignments in 
        which such skills would normally not be maintained in the 
        performance of assigned duties.
            ``(4) The term `officer' includes an individual enlisted and 
        designated as an aviation cadet under section 6911 of title 10.

    ``(i) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

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

    ``(a) Health Professions Bonus.--The Secretary concerned may pay a 
health professions bonus under this section to a person, including an 
officer in the uniformed services, who is a graduate of an accredited 
school in a health profession and who--
            ``(1) accepts a commission or appointment as an officer in a 
        regular or reserve component of a uniformed service, or 
        affiliates with a reserve component of a uniformed service, and 
        agrees to serve on active duty in a regular component or in an 
        active status in a reserve component in a health profession;
            ``(2) accepts a commission or appointment as an officer and 
        whose health profession specialty is designated by the Secretary 
        of Defense as a critically short wartime specialty; or
            ``(3) agrees to remain on active duty or continue serving in 
        an active status in a reserve component in a health profession.

    ``(b) Health Professions Incentive Pay.--The Secretary concerned may 
pay incentive pay under this section to an officer in a regular or 
reserve component of a uniformed service who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title; and
            ``(2) is serving on active duty or in an active status in a 
        designated health profession specialty or skill.

[[Page 122 STAT. 170]]

    ``(c) Board Certification Incentive Pay.--The Secretary concerned 
may pay board certification incentive pay under this section to an 
officer in a regular or reserve component of a uniformed service who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title;
            ``(2) is board certified in a designated health profession 
        specialty or skill; and
            ``(3) is serving on active duty or in an active status in 
        such designated health profession specialty or skill.

    ``(d) Additional Eligibility Criteria.--The Secretary concerned may 
impose such additional criteria for the receipt of a bonus or incentive 
pay under this section as the Secretary determines to be appropriate.
    ``(e) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary concerned shall 
        determine the amounts of a bonus or incentive pay to be paid 
        under this section, except that--
                    ``(A) a health professions bonus paid under 
                paragraph (1) of subsection (a) may not exceed $30,000 
                for each 12-month period of obligated service agreed to 
                under subsection (f);
                    ``(B) a health professions bonus paid under 
                paragraph (2) of subsection (a) may not exceed $100,000 
                for each 12-month period of obligated service agreed to 
                under subsection (f);
                    ``(C) a health professions bonus paid under 
                paragraph (3) of subsection (a) may not exceed $75,000 
                for each 12-month period of obligated service agreed to 
                under subsection (f);
                    ``(D) health professions incentive pay under 
                subsection (b) may be paid monthly and may not exceed, 
                in any 12-month period--
                          ``(i) $100,000 for medical officers and dental 
                      surgeons; and
                          ``(ii) $15,000 for officers in other health 
                      professions; and
                    ``(E) board certification incentive pay under 
                subsection (c) may not exceed $6,000 for each 12-month 
                period an officer remains certified in the designated 
                health profession specialty or skill.
            ``(2) Lump sum or installments.--A health professions bonus 
        under subsection (a) may be paid in a lump sum or in periodic 
        installments, as determined by the Secretary concerned. Board 
        certification incentive pay under subsection (c) may be paid 
        monthly, in a lump sum at the beginning of the certification 
        period, or in periodic installments during the certification 
        period, as determined by the Secretary concerned.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (f), 
        the total amount of the health professions bonus to be paid 
        under the agreement shall be fixed.

    ``(f) Written Agreement for Bonus.--To receive a bonus under this 
section, an officer determined to be eligible for the bonus shall enter 
into a written agreement with the Secretary concerned that specifies--
            ``(1) the amount of the bonus;

[[Page 122 STAT. 171]]

            ``(2) the method of payment of the bonus under subsection 
        (e)(2);
            ``(3) the period of obligated service;
            ``(4) whether the service will be performed on active duty 
        or in an active status in a reserve component; and
            ``(5) the type or conditions of the service.

    ``(g) Reserve Component Officers.--An officer in a reserve component 
authorized incentive pay under subsection (b) or (c) who is not serving 
on continuous active duty and is entitled to compensation under section 
204 of this title or compensation under section 206 of this title may be 
paid a monthly amount of incentive pay that is proportionate to the 
basic pay or compensation received under this title.
    ``(h) Relationship to Other Pay and Allowances.--
            ``(1) Health professions bonus.--A bonus paid to a person or 
        officer under subsection (a) shall be in addition to any other 
        pay and allowance to which the person or officer is entitled, 
        except that a person or officer may not receive a payment under 
        such subsection and section 332 of this title for the same 
        period of obligated service.
            ``(2) Health professions incentive pay.--Incentive pay paid 
        to an officer under subsection (b) shall be in addition to any 
        other pay and allowance to which an officer is entitled, except 
        that an officer may not receive a payment under such subsection 
        and section 353 of this title for the same skill and period of 
        service.
            ``(3) Board certification incentive pay.--Incentive pay paid 
        to an officer under subsection (c) shall be in addition to any 
        other pay and allowance to which an officer is entitled, except 
        that an officer may not receive a payment under such subsection 
        and section 353(b) of this title for the same skill and period 
        of service covered by the certification.

    ``(i) Repayment.--An officer who receives a bonus or incentive pay 
under this section and who fails to fulfill the eligibility requirements 
for the receipt of the bonus or incentive pay or complete the period of 
service for which the bonus or incentive pay is paid, as specified in 
the written agreement under subsection (f) in the case of a bonus, shall 
be subject to the repayment provisions of section 373 of this title.
    ``(j) Health Profession Defined.--In this section, the term `health 
profession' means the following:
            ``(1) Any health profession performed by officers in the 
        Medical Corps of a uniformed service or by officers designated 
        as a medical officer.
            ``(2) Any health profession performed by officers in the 
        Dental Corps of a uniformed service or by officers designated as 
        a dental officer.
            ``(3) Any health profession performed by officers in the 
        Medical Service Corps of a uniformed service or by officers 
        designated as a medical service officer or biomedical sciences 
        officer.
            ``(4) Any health profession performed by officers in the 
        Medical Specialist Corps of a uniformed service or by officers 
        designated as a medical specialist.
            ``(5) Any health profession performed by officers of the 
        Nurse Corps of a uniformed service or by officers designated as 
        a nurse.

[[Page 122 STAT. 172]]

            ``(6) Any health profession performed by officers in the 
        Veterinary Corps of a uniformed service or by officers 
        designated as a veterinary officer.
            ``(7) Any health profession performed by officers designated 
        as a physician assistant.
            ``(8) Any health profession performed by officers in the 
        regular or reserve corps of the Public Health Service.

    ``(k) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

``Sec. 351. Hazardous duty pay

    ``(a) Hazardous Duty Pay.--The Secretary concerned may pay hazardous 
duty pay under this section to a member of a regular or reserve 
component of the uniformed services entitled to basic pay under section 
204 of this title or compensation under section 206 of this title who--
            ``(1) performs duty in a hostile fire area designated by the 
        Secretary concerned, is exposed to a hostile fire event, 
        explosion of a hostile explosive device, or any other hostile 
        action, or is on duty during a month in an area in which a 
        hostile event occurred which placed the member in grave danger 
        of physical injury;
            ``(2) performs duty designated by the Secretary concerned as 
        hazardous duty based upon the inherent dangers of that duty and 
        risks of physical injury; or
            ``(3) performs duty in a foreign area designated by the 
        Secretary concerned as an area in which the member is subject to 
        imminent danger of physical injury due to threat conditions.

    ``(b) Maximum Amount.--The amount of hazardous duty pay paid to a 
member under subsection (a) shall be based on the type of duty and the 
area in which the duty is performed, as follows:
            ``(1) In the case of a member who performs duty in a 
        designated hostile fire area, as described in subsection (a)(1), 
        hazardous duty pay may not exceed $450 per month.
            ``(2) In the case of a member who performs a designated 
        hazardous duty, as described in subsection (a)(2), hazardous 
        duty pay may not exceed $250 per month.
            ``(3) In the case of a member who performs duty in a foreign 
        area designated as an imminent danger area, as described in 
        subsection (a)(3), hazardous duty pay may not exceed $250 per 
        month.

    ``(c) Method of Payment.--Hazardous duty pay shall be paid on a 
monthly basis. A member who is eligible for hazardous duty pay by reason 
of subsection (a) shall receive the full monthly rate of hazardous duty 
pay authorized by the Secretary concerned under such paragraph, 
notwithstanding subsection (d).
    ``(d) Reserve Component Members Performing Inactive Duty Training.--
A member of a reserve component entitled to compensation under section 
206 of this title who is authorized hazardous duty pay under this 
section may be paid an amount of hazardous duty pay that is 
proportionate to the compensation received by the member under section 
206 of this title for inactive-duty training.
    ``(e) Administration and Retroactive Payments.--The effective date 
for the designation of a hostile fire area, as described in paragraph 
(1) of subsection (a), and for the designation of a

[[Page 122 STAT. 173]]

foreign area as an imminent danger area, as described in paragraph (3) 
of such subsection, may be a date that occurs before, on, or after the 
actual date of the designation by the Secretary concerned.
    ``(f) Determination of Fact.--Any determination of fact that is made 
in administering subsection (a) is conclusive. The determination may not 
be reviewed by any other officer or agency of the United States unless 
there has been fraud or gross negligence. However, the Secretary 
concerned may change the determination on the basis of new evidence or 
for other good cause. <<NOTE: Regulations.>>  The regulations prescribed 
to administer this section shall define the activities that are 
considered hazardous for purposes of subsection (a)(2).

    ``(g) Relationship to Other Pay and Allowances.--
            ``(1) In addition to other pay and allowances.--A member may 
        be paid hazardous duty pay under this section in addition to any 
        other pay and allowances to which the member is 
        entitled. <<NOTE: Regulations.>>  The regulations prescribed to 
        administer this section shall address dual compensation under 
        this section for multiple circumstances involving performance of 
        a designated hazardous duty, as described in paragraph (2) of 
        subsection (a), or for duty in certain designated areas, as 
        described in paragraph (1) or (3) of such subsection, that is 
        performed by a member during a single month of service.
            ``(2) Limitation.--A member may not receive hazardous duty 
        pay under this section for a month for more than three 
        qualifying instances described in subsection (a)(2).

    ``(h) Prohibition on Variable Rates.--The regulations prescribed to 
administer this section may not include varied criteria or rates for 
payment of hazardous duty for officers and enlisted members.
    ``(i) Termination of Authority.--No hazardous duty pay under this 
section may be paid after December 31, 2009.

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

    ``(a) Assignment or Special Duty Pay Authorized.--The Secretary 
concerned may pay assignment or special duty pay under this section to a 
member of a regular or reserve component of the uniformed services who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title; and
            ``(2) performs duties in an assignment, location, or unit 
        designated by, and under the conditions of service specified by, 
        the Secretary concerned.

    ``(b) Maximum Amount and Method of Payment.--
            ``(1) Lump sum or installments.--Assignment or special duty 
        pay under subsection (a) may be paid monthly, in a lump sum, or 
        in periodic installments other than monthly, as determined by 
        the Secretary concerned.
            ``(2) Maximum monthly amount.--The maximum monthly amount of 
        assignment or special duty pay may not exceed $5,000.
            ``(3) Maximum lump sum amount.--The amount of a lump sum 
        payment of assignment or special duty pay payable to a member 
        may not exceed the amount equal to the product of--
                    ``(A) the maximum monthly rate authorized under 
                paragraph (2) at the time the member enters into a 
                written agreement under subsection (c); and

[[Page 122 STAT. 174]]

                    ``(B) the number of continuous months in the period 
                for which assignment or special duty pay will be paid 
                pursuant to the agreement.
            ``(4) Maximum installment amount.--The amount of each 
        installment payment of assignment or special duty pay payable to 
        a member on an installment basis may not exceed the amount equal 
        to--
                    ``(A) the product of--
                          ``(i) a monthly rate specified in the written 
                      agreement entered into under subsection (c), which 
                      monthly rate may not exceed the maximum monthly 
                      rate authorized under paragraph (2) at the time 
                      the member enters into the agreement; and
                          ``(ii) the number of continuous months in the 
                      period for which the assignment or special duty 
                      pay will be paid; divided by
                    ``(B) the number of installments over such period.
            ``(5) Effect of extension.--If a member extends an 
        assignment or performance of duty specified in an agreement with 
        the Secretary concerned under subsection (c), assignment or 
        special duty pay for the period of the extension may be paid on 
        a monthly basis, in a lump sum, or in installments, consistent 
        with this subsection.

    ``(c) Written Agreement.--
            ``(1) Discretionary for monthly payments.--The Secretary 
        concerned may require a member to enter into a written agreement 
        with the Secretary in order to qualify for the payment of 
        assignment or special duty pay on a monthly basis. The written 
        agreement shall specify the period for which the assignment or 
        special duty pay will be paid to the member and the monthly rate 
        of the assignment or special duty pay.
            ``(2) Required for lump sum or installment payments.--The 
        Secretary concerned shall require a member to enter into a 
        written agreement with the Secretary in order to qualify for 
        payment of assignment or special duty pay on a lump sum or 
        installment basis. The written agreement shall specify the 
        period for which the assignment or special duty pay will be paid 
        to the member and the amount of the lump sum or each periodic 
        installment.

    ``(d) Reserve Component Members Performing Inactive Duty Training.--
A member of a reserve component entitled to compensation under section 
206 of this title who is authorized assignment or special duty pay under 
this section may be paid an amount of assignment or special duty pay 
that is proportionate to the compensation received by the member under 
section 206 of this title for inactive-duty training.
    ``(e) Relationship to Other Pay and Allowances.--Assignment or 
special duty pay paid to a member under this section is in addition to 
any other pay and allowances to which the member is entitled.
    ``(f) Repayment.--A member who receives assignment or special duty 
pay under this section and who fails to fulfill the eligibility 
requirements under subsection (a) for receipt of such pay shall be 
subject to the repayment provisions of section 373 of this title.
    ``(g) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2009.

[[Page 122 STAT. 175]]

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

    ``(a) Skill Incentive Pay.--The Secretary concerned may pay a 
monthly skill incentive pay to a member of a regular or reserve 
component of the uniformed services who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title; and
            ``(2) serves in a career field or skill designated as 
        critical by the Secretary concerned.

    ``(b) Skill Proficiency Bonus.--The Secretary concerned may pay a 
proficiency bonus to a member of a regular or reserve component of the 
uniformed services who--
            ``(1) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title; and
            ``(2) is determined to have, and maintains, certified 
        proficiency under subsection (d) in a skill designated as 
        critical by the Secretary concerned.

    ``(c) Maximum Amounts and Methods of Payment.--
            ``(1) Skill incentive pay.--Skill incentive pay under 
        subsection (a) shall be paid monthly in an amount not to exceed 
        $1,000 per month.
            ``(2) Proficiency bonus.--A proficiency bonus under 
        subsection (b) may be paid in a lump sum at the beginning of the 
        proficiency certification period or in periodic installments 
        during the proficiency certification period. The amount of the 
        bonus may not exceed $12,000 for each 12-month period of 
        certification. The Secretary concerned may not vary the criteria 
        or rates for the proficiency bonus paid for officers and 
        enlisted members.

    ``(d) Certified Proficiency for Proficiency Bonus.--
            ``(1) Certification required.--Proficiency in a designated 
        critical skill for purposes of subsection (b) shall be subject 
        to annual certification by the Secretary concerned.
            ``(2) Duration of certification.--A certification period for 
        purposes of subsection (c)(2) shall expire at the end of the 
        one-year period beginning on the first day of the first month 
        beginning on or after the certification date.
            ``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the 
        regulations prescribed to administer this section shall address 
        the circumstances under which the Secretary concerned may waive 
        the certification requirement under paragraph (1) or extend a 
        certification period under paragraph (2).

    ``(e) Written Agreement.--
            ``(1) Discretionary for skill incentive pay.--The Secretary 
        concerned may require a member to enter into a written agreement 
        with the Secretary in order to qualify for the payment of skill 
        incentive pay under subsection (a). The written agreement shall 
        specify the period for which the skill incentive pay will be 
        paid to the member and the monthly rate of the pay.
            ``(2) Required for proficiency bonus.--The Secretary 
        concerned shall require a member to enter into a written 
        agreement with the Secretary in order to qualify for payment of 
        a proficiency bonus under subsection (b). The written agreement 
        shall specify the amount of the proficiency bonus, the period 
        for which the bonus will be paid, and the initial certification 
        or recertification necessary for payment of the proficiency 
        bonus.

[[Page 122 STAT. 176]]

    ``(f) Reserve Component Members Performing Inactive Duty Training.--
            ``(1) Proration.--A member of a reserve component entitled 
        to compensation under section 206 of this title who is 
        authorized skill incentive pay under subsection (a) or a skill 
        proficiency bonus under subsection (b) may be paid an amount of 
        the pay or bonus, as the case may be, that is proportionate to 
        the compensation received by the member under section 206 of 
        this title for inactive-duty training.
            ``(2) Exception for foreign language proficiency.--No 
        reduction in the amount of a skill proficiency bonus may be made 
        under paragraph (1) in the case of a member of a reserve 
        component who is authorized the bonus because of the member's 
        proficiency in a foreign language.

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

                  ``SUBCHAPTER III--GENERAL PROVISIONS

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

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

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

    ``(a) Continuation of Pays.--If a member of a regular or reserve 
component of a uniformed service incurs a wound, injury, or illness in 
the line of duty while serving in a combat operation or a combat zone, 
while serving in a hostile fire area, or while

[[Page 122 STAT. 177]]

exposed to a hostile fire event, as described under section 351 of this 
title, and is hospitalized for treatment of the wound, injury, or 
illness, the Secretary concerned may continue to pay to the member, 
notwithstanding any provision of this chapter to the contrary, all pay 
and allowances (including any bonus, incentive pay, or similar benefit) 
that were being paid to the member at the time the member incurred the 
wound, injury, or illness.
    ``(b) Duration.--The payment of pay and allowances to a member under 
subsection (a) may continue until the end of the first month beginning 
after the earliest of the following dates:
            ``(1) The date on which the member is returned for 
        assignment to other than a medical or patient unit for duty.
            ``(2) One year after the date on which the member is first 
        hospitalized for the treatment of the wound, injury, or illness, 
        except that the Secretary concerned may extend the termination 
        date in six-month increments.
            ``(3) The date on which the member is discharged, separated, 
        or retired (including temporary disability retirement) from the 
        uniformed services.

    ``(c) Bonus, Incentive Pay, or Similar Benefit Defined.--In this 
section, the term `bonus, incentive pay, or similar benefit' means a 
bonus, incentive pay, special pay, or similar payment paid to a member 
of the uniformed services under this title or title 10.

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

    ``(a) Repayment.--Except as provided in subsection (b), a member of 
the uniformed services who is paid a bonus, incentive pay, or similar 
benefit, the receipt of which is contingent upon the member's 
satisfaction of certain service or eligibility requirements, shall repay 
to the United States any unearned portion of the bonus, incentive pay, 
or similar benefit if the member fails to satisfy any such service or 
eligibility requirement.
    ``(b) Exceptions.--The regulations prescribed to administer this 
section may specify procedures for determining the circumstances under 
which an exception to the required repayment may be granted.
    ``(c) Effect of Bankruptcy.--An obligation to repay the United 
States under this section is, for all purposes, a debt owed the United 
States. A discharge in bankruptcy under title 11 does not discharge a 
person from such debt if the discharge order is entered less than five 
years after--
            ``(1) the date of the termination of the agreement or 
        contract on which the debt is based; or
            ``(2) in the absence of such an agreement or contract, the 
        date of the termination of the service on which the debt is 
        based.

    ``(d) Definitions.--In this section:
            ``(1) The term `bonus, incentive pay, or similar benefit' 
        means a bonus, incentive pay, special pay, or similar payment, 
        or an educational benefit or stipend, paid to a member of the 
        uniformed services under a provision of law that refers to the 
        repayment requirements of this section or section 303a(e) of 
        this title.

[[Page 122 STAT. 178]]

            ``(2) The term `service', as used in subsection (c)(2), 
        refers to an obligation willingly undertaken by a member of the 
        uniformed services, in exchange for a bonus, incentive pay, or 
        similar benefit offered by the Secretary concerned--
                    ``(A) to a member in a regular or reserve component 
                who remains on active duty or in an active status;
                    ``(B) to perform duty in a specified skill, with or 
                without a specified qualification or credential;
                    ``(C) to perform duty in a specified assignment, 
                location or unit; or
                    ``(D) to perform duty for a specified period of 
                time.

``Sec. 374. Regulations

    ``This subchapter and subchapter II shall be administered under 
regulations prescribed by--
            ``(1) the Secretary of Defense, with respect to the armed 
        forces under the jurisdiction of the Secretary of Defense;
            ``(2) the Secretary of Homeland Security, with respect to 
        the Coast Guard when it is not operating as a service in the 
        Navy;
            ``(3) the Secretary of Health and Human Services, with 
        respect to the commissioned corps of the Public Health Service; 
        and
            ``(4) the Secretary of Commerce, with respect to the 
        National Oceanic and Atmospheric Administration.''.

    (b) Transfer of 15-Year Career Status Bonus to Subchapter II.--
            (1) Transfer.--Section 322 of title 37, United States Code, 
        is transferred to appear after section 353 of subchapter II of 
        chapter 5 of such title, as added by subsection (a), and is 
        redesignated as section 354.
            (2) Conforming amendment.--Subsection (f) of such section, 
        as so transferred and redesignated, <<NOTE: 37 USC 354.>>  is 
        amended by striking ``section 303a(e)'' and inserting ``section 
        373''.
            (3) Cross references.--Sections 1401a, 1409(b)(2), and 1410 
        of title 10, United States Code, are amended by striking 
        ``section 322'' each place it appears and inserting ``section 
        322 (as in effect before the enactment of the National Defense 
        Authorization Act for Fiscal Year 2008) or section 354''.

    (c) Transfer of Retention Incentives for Members Qualified in 
Critical Military Skills or Assigned to High Priority Units.--
            (1) Transfer.--Section 323 of title 37, United States Code, 
        as amended by sections 614 and 622, is transferred to appear 
        after section 354 of subchapter II of chapter 5 of such title, 
        as transferred and redesignated by subsection (b)(1), and is 
        redesignated as section 355.
            (2) Conforming amendment.--Subsection (g) of such section, 
        as so transferred and redesignated, <<NOTE: 37 USC 355.>>  is 
        amended by striking ``section 303a(e)'' and inserting ``section 
        373''.

    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 37, United States Code, is amended to read as 
follows:

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

``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.

[[Page 122 STAT. 179]]

``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.

[[Page 122 STAT. 180]]

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

                   ``subchapter iii--general provisions

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

SEC. 662. <<NOTE: 37 USC 801 note.>>  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) <<NOTE: Deadline.>>  Submission.--Not later than one 
        year after the date of the enactment of this Act, the Secretary 
        shall submit the implementation plan to the congressional 
        defense committees.

    (b) Transition Period.--During a transition period of not more than 
10 years beginning on the date of the enactment of this Act, the 
Secretary of Defense, the Secretary of a military department, and the 
Secretaries referred to in subsection (d) may continue to use the 
authorities in provisions in subchapter I of chapter 5 of title 37, 
United States Code, as designated by section 661(a), but subject to the 
terms of such provisions and such modifications as the Secretary of 
Defense may include in the implementation plan, to provide bonuses and 
special and incentive pays for members of the uniformed services.
    (c) Notice of Implementation of New Authorities.--Not less than 30 
days before the date on which a special pay or bonus authority provided 
under subchapter II of chapter 5 of title 37, United States Code, as 
added by section 661(a), is first utilized, the Secretary of Defense 
shall submit to the congressional defense committees a notice of the 
implementation of the authority, including whether, as a result of 
implementation of the authority, a corresponding authority in subchapter 
I of such chapter, as designated by section 661(a), will no longer be 
used.
    (d) Coordination.--The Secretary of Defense shall prepare the 
implementation plan in coordination with--
            (1) the Secretary of Homeland Security, with respect to the 
        Coast Guard;
            (2) the Secretary of Health and Human Services, with respect 
        to the commissioned corps of the Public Health Service; and
            (3) the Secretary of Commerce, with respect to the National 
        Oceanic and Atmospheric Administration.

    (e) No Effect on Fiscal Year 2008 Obligations.--During fiscal year 
2008, obligations incurred under subchapters I, II, and

[[Page 122 STAT. 181]]

III of chapter 5 of title 37, United States Code, as amended by section 
661, to provide bonuses, incentive pays, special pays, and similar 
payments to members of the uniformed services under such subchapters may 
not exceed the obligations that would be incurred in the absence of the 
amendments made by such section.

                        Subtitle G--Other Matters

SEC. 671. REFERRAL BONUS AUTHORITIES.

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

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

    ``(a) Authority To Pay Bonus.--
            ``(1) Authority.--The Secretary of the Army may pay a bonus 
        under this section to an individual referred to in paragraph (2) 
        who refers to an Army recruiter a person who has not previously 
        served in an armed force and who, after such referral, enlists 
        in the regular component of the Army or in the Army National 
        Guard or Army Reserve.
            ``(2) Individuals eligible for bonus.--Subject to subsection 
        (c), the following individuals are eligible for a referral bonus 
        under this section:
                    ``(A) A member in the regular component of the Army.
                    ``(B) A member of the Army National Guard.
                    ``(C) A member of the Army Reserve.
                    ``(D) A member of the Army in a retired status, 
                including a member under 60 years of age who, but for 
                age, would be eligible for retired pay.
                    ``(E) A civilian employee of the Department of the 
                Army.

    ``(b) Referral.--For purposes of this section, a referral for which 
a bonus may be paid under subsection (a) occurs--
            ``(1) when the individual concerned contacts an Army 
        recruiter on behalf of a person interested in enlisting in the 
        Army; or
            ``(2) when a person interested in enlisting in the Army 
        contacts the Army recruiter and informs the recruiter of the 
        role of the individual concerned in initially recruiting the 
        person.

    ``(c) Certain Referrals Ineligible.--
            ``(1) Referral of immediate family.--A member of the Army or 
        civilian employee of the Department of the Army may not be paid 
        a bonus under subsection (a) for the referral of an immediate 
        family member.
            ``(2) Members in recruiting roles.--A member of the Army or 
        civilian employee of the Department of the Army serving in a 
        recruiting or retention assignment, or assigned to other duties 
        regarding which eligibility for a bonus under subsection (a) 
        could (as determined by the Secretary) be perceived as creating 
        a conflict of interest, may not be paid a bonus under subsection 
        (a).

[[Page 122 STAT. 182]]

            ``(3) Junior reserve officers' training corps instructors.--
        A member of the Army detailed under subsection (c)(1) of section 
        2031 of this title to serve as an administrator or instructor in 
        the Junior Reserve Officers' Training Corps program or a retired 
        member of the Army employed as an administrator or instructor in 
        the program under subsection (d) of such section may not be paid 
        a bonus under subsection (a).

    ``(d) Amount of Bonus.--The amount of the bonus payable for a 
referral under subsection (a) may not exceed $2,000. The amount shall be 
payable as provided in subsection (e).
    ``(e) Payment.--A bonus payable for a referral of a person under 
subsection (a) shall be paid as follows:
            ``(1) Not more than $1,000 shall be paid upon the 
        commencement of basic training by the person.
            ``(2) Not more than $1,000 shall be paid upon the completion 
        of basic training and individual advanced training by the 
        person.

    ``(f) Relation to Prohibition on Bounties.--The referral bonus 
authorized by this section is not a bounty for purposes of section 
514(a) of this title.
    ``(g) Coordination With Receipt of Retired Pay.--A bonus paid under 
this section to a member of the Army in a retired status is in addition 
to any compensation to which the member is entitled under this title, 
title 37 or 38, or any other provision of law.
    ``(h) Duration of Authority.--A bonus may not be paid under 
subsection (a) with respect to any referral that occurs after December 
31, 2008.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 3251 the following new item:

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

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

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

    ``(a) Authority To Pay Bonus.--
            ``(1) Authority.--The Secretary of Defense may authorize the 
        appropriate Secretary to pay a bonus under this section to an 
        individual referred to in paragraph (2) who refers to a military 
        recruiter a person who has not previously served in an armed 
        force and, after such referral, takes an oath of enlistment that 
        leads to appointment as a commissioned officer, or accepts an 
        appointment as a commissioned officer, in an armed force in a 
        health profession designated by the appropriate Secretary for 
        purposes of this section.
            ``(2) Individuals eligible for bonus.--Subject to subsection 
        (c), the following individuals are eligible for a referral bonus 
        under this section:

[[Page 122 STAT. 183]]

                    ``(A) A member of the armed forces in a regular 
                component of the armed forces.
                    ``(B) A member of the armed forces in a reserve 
                component of the armed forces.
                    ``(C) A member of the armed forces in a retired 
                status, including a member under 60 years of age who, 
                but for age, would be eligible for retired or retainer 
                pay.
                    ``(D) A civilian employee of a military department 
                or the Department of Defense.

    ``(b) Referral.--For purposes of this section, a referral for which 
a bonus may be paid under subsection (a) occurs--
            ``(1) when the individual concerned contacts a military 
        recruiter on behalf of a person interested in taking an oath of 
        enlistment that leads to appointment as a commissioned officer, 
        or accepting an appointment as a commissioned officer, as 
        applicable, in an armed force in a health profession; or
            ``(2) when a person interested in taking an oath of 
        enlistment that leads to appointment as a commissioned officer, 
        or accepting an appointment as a commissioned officer, as 
        applicable, in an armed force in a health profession contacts a 
        military recruiter and informs the recruiter of the role of the 
        individual concerned in initially recruiting the person.

    ``(c) Certain Referrals Ineligible.--
            ``(1) Referral of immediate family.--A member of the armed 
        forces or civilian employee of a military department or the 
        Department of Defense may not be paid a bonus under subsection 
        (a) for the referral of an immediate family member.
            ``(2) Members in recruiting roles.--A member of the armed 
        forces or civilian employee of a military department or the 
        Department of Defense serving in a recruiting or retention 
        assignment, or assigned to other duties regarding which 
        eligibility for a bonus under subsection (a) could (as 
        determined by the appropriate Secretary) be perceived as 
        creating a conflict of interest, may not be paid a bonus under 
        subsection (a).
            ``(3) Junior reserve officers' training corps instructors.--
        A member of the armed forces detailed under subsection (c)(1) of 
        section 2031 of this title to serve as an administrator or 
        instructor in the Junior Reserve Officers' Training Corps 
        program or a retired member of the armed forces employed as an 
        administrator or instructor in the program under subsection (d) 
        of such section may not be paid a bonus under subsection (a).

    ``(d) Amount of Bonus.--The amount of the bonus payable for a 
referral under subsection (a) may not exceed $2,000. The amount shall be 
payable as provided in subsection (e).
    ``(e) Payment.--A bonus payable for a referral of a person under 
subsection (a) shall be paid as follows:
            ``(1) Not more than $1,000 shall be paid upon the execution 
        by the person of an agreement to serve as an officer in a health 
        profession in an armed force for not less than 3 years,
            ``(2) Not more than $1,000 shall be paid upon the completion 
        by the person of the initial period of military training as an 
        officer.

    ``(f) Relation to Prohibition on Bounties.--The referral bonus 
authorized by this section is not a bounty for purposes of section 
514(a) of this title.

[[Page 122 STAT. 184]]

    ``(g) Coordination With Receipt of Retired Pay.--A bonus paid under 
this section to a member of the armed forces in a retired status is in 
addition to any compensation to which the member is entitled under this 
title, title 37 or 38, or any other provision of law.
    ``(h) Appropriate Secretary Defined.--In this section, the term 
`appropriate Secretary' means--
            ``(1) the Secretary of the Army, with respect to matters 
        concerning the Army;
            ``(2) the Secretary of the Navy, with respect to matters 
        concerning the Navy, the Marine Corps, and the Coast Guard when 
        it is operating as a service in the Navy;
            ``(3) the Secretary of the Air Force, with respect to 
        matters concerning the Air Force; and
            ``(4) the Secretary of Defense, with respect to personnel of 
        the Department of Defense.

    ``(i) Duration of Authority.--A bonus may not be paid under 
subsection (a) with respect to any referral that occurs after December 
31, 2008.''.
            (2) Clerical amendments.--The table of sections at the 
        beginning of such chapter is amended by inserting before the 
        item relating to section 1031 the following new item:

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

    (c) Repeal of Superseded army Referral Bonus Authority.--
            (1) Repeal.--Section 645 of the National Defense 
        Authorization Act for Fiscal Year 2006 <<NOTE: 119 Stat. 
        3310.>>  (Public Law 109-163) is repealed.
            (2) Payment of bonuses under superseded authority.--Any 
        bonus payable under section 645 of the National Defense 
        Authorization Act for Fiscal Year 2006, as in effect before its 
        repeal by paragraph (1), shall remain payable after that date 
        and shall be paid in accordance with the provisions of such 
        section, as in effect on the day before the date of the 
        enactment of this Act.

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

    (a) Additional Educational Loans Eligible for Repayment.--Paragraph 
(1) of subsection (a) of section 16301 of title 10, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
            ``(D) any loan incurred for educational purposes made by a 
        lender that is--
                    ``(i) an agency or instrumentality of a State;
                    ``(ii) a financial or credit institution (including 
                an insurance company) that is subject to examination and 
                supervision by an agency of the United States or any 
                State;
                    ``(iii) a pension fund approved by the Secretary for 
                purposes of this section; or

[[Page 122 STAT. 185]]

                    ``(iv) a nonprofit private entity designated by a 
                State, regulated by that State, and approved by the 
                Secretary for purposes of this section.''.

    (b) Participation of Officers in Program.--Such subsection is 
further amended--
            (1) in paragraph (2)--
                    (A) by striking ``Except as provided in paragraph 
                (3), the Secretary'' and inserting ``The Secretary''; 
                and
                    (B) by striking ``an enlisted member of the Selected 
                Reserve of the Ready Reserve of an armed force in a 
                reserve component and military specialty'' and inserting 
                ``a member of the Selected Reserve of the Ready Reserve 
                of an armed force in a reserve component and in an 
                officer program or military specialty''; and
            (2) by striking paragraph (3).

    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:

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

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

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

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

    Section 284 of the Immigration and Nationality Act (8 U.S.C. 1354) 
is amended--
            (1) by striking ``Nothing'' and inserting ``(a) Nothing''; 
        and
            (2) by adding at the end the following new subsection:

    ``(b) If a person lawfully admitted for permanent residence is the 
spouse or child of a member of the Armed Forces of the United States, is 
authorized to accompany the member and reside abroad with the member 
pursuant to the member's official orders, and is so accompanying and 
residing with the member (in marital union if a spouse), then the 
residence and physical presence of the person abroad shall not be 
treated as--
            ``(1) an abandonment or relinquishment of lawful permanent 
        resident status for purposes of clause (i) of section 
        101(a)(13)(C); or
            ``(2) an absence from the United States for purposes of 
        clause (ii) of such section.''.

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

    (a) Spouses.--Section 319 of the Immigration and Nationality Act (8 
U.S.C. 1430) is amended by adding at the end the following new 
subsection:
    ``(e)(1) In the case of a person lawfully admitted for permanent 
residence in the United States who is the spouse of a member of the 
Armed Forces of the United States, is authorized to accompany such 
member and reside abroad with the member pursuant to the member's 
official orders, and is so accompanying and residing

[[Page 122 STAT. 186]]

with the member in marital union, such residence and physical presence 
abroad shall be treated, for purposes of subsection (a) and section 
316(a), as residence and physical presence in--
            ``(A) the United States; and
            ``(B) any State or district of the Department of Homeland 
        Security in the United States.

    ``(2) Notwithstanding any other provision of law, a spouse described 
in paragraph (1) shall be eligible for naturalization proceedings 
overseas pursuant to section 1701(d) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 
1443a).''.
    (b) Children.--Section 322 of the Immigration and Nationality Act (8 
U.S.C. 1433) is amended by adding at the end the following new 
subsection:
    ``(d) In the case of a child of a member of the Armed Forces of the 
United States who is authorized to accompany such member and reside 
abroad with the member pursuant to the member's official orders, and is 
so accompanying and residing with the member--
            ``(1) any period of time during which the member of the 
        Armed Forces is residing abroad pursuant to official orders 
        shall be treated, for purposes of subsection (a)(2)(A), as 
        physical presence in the United States;
            ``(2) subsection (a)(5) shall not apply; and
            ``(3) the oath of allegiance described in subsection (b) may 
        be subscribed to abroad pursuant to section 1701(d) of the 
        National Defense Authorization Act for Fiscal Year 2004 (Public 
        Law 108-136; 8 U.S.C. 1443a).''.

    (c) Overseas Naturalization Authority.--Section 1701(d) of the 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 8 U.S.C. 1443a) is amended--
            (1) in the subsection heading, by inserting ``and Their 
        Spouses and Children'' after ``Forces''; and
            (2) by inserting ``, and persons made eligible for 
        naturalization by section 319(e) or 322(d) of such Act,'' after 
        ``Armed Forces''.

    (d) <<NOTE: Applicability. 8 USC 1430 note.>>  Effective Date.--The 
amendments made by this section shall take effect on the date of 
enactment of this Act and apply to any application for naturalization or 
issuance of a certificate of citizenship pending on or after such date.

SEC. 675. <<NOTE: 37 USC 559 note.>>  MODIFICATION OF AMOUNT OF BACK PAY 
            FOR MEMBERS OF NAVY AND MARINE CORPS SELECTED FOR PROMOTION 
            WHILE INTERNED AS PRISONERS OF WAR DURING WORLD WAR II TO 
            TAKE INTO ACCOUNT CHANGES IN CONSUMER PRICE INDEX.

    (a) Modification.--Section 667(c) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-170) is amended by adding at the end 
the following new paragraph:
    ``(3) The amount determined for a person under paragraph (1) shall 
be increased to reflect increases in cost of living since the basic pay 
referred to in paragraph (1)(B) was paid to or for that person, 
calculated on the basis of the Consumer Price Index (all items--United 
States city average) published monthly by the Bureau of Labor 
Statistics.''.

[[Page 122 STAT. 187]]

    (b) Recalculation of Previous Payments.--In the case of any payment 
of back pay made to or for a person under section 667 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 before 
the date of the enactment of this Act, the Secretary of the Navy shall--
            (1) recalculate the amount of back pay to which the person 
        is entitled by reason of the amendment made by subsection (a); 
        and
            (2) if the amount of back pay, as so recalculated, exceeds 
        the amount of back pay so paid, pay the person, or the surviving 
        spouse of the person, an amount equal to the excess.

                    TITLE VII--HEALTH CARE PROVISIONS

          Subtitle A--Improvements to Military Health Benefits

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

                     Subtitle B--Studies and Reports

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

                        Subtitle C--Other Matters

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

          Subtitle A--Improvements to Military Health Benefits

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

    (a) Charges Under Contracts for Medical Care.--Section 1097(e) of 
title 10, United States Code, is amended by striking ``September 30, 
2007'' and inserting ``September 30, 2008''.
    (b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is 
amended by striking ``September 30, 2007.'' and inserting ``September 
30, 2008''.

[[Page 122 STAT. 188]]

    (c) Premiums Under TRICARE Coverage for Certain Members in the 
Selected Reserve.--Section 1076d(d)(3) of such title is amended by 
striking ``September 30, 2007'' and inserting ``September 30, 2008''.

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

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

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

    (a) In General.--Section 1074g of title 10, United States Code, is 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):

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

SEC. 704. <<NOTE: Regulations. 10 USC 1076 note.>>  STIPEND FOR MEMBERS 
            OF RESERVE COMPONENTS FOR HEALTH CARE FOR CERTAIN 
            DEPENDENTS.

    The Secretary of Defense may, pursuant to regulations prescribed by 
the Secretary, pay a stipend to a member of a reserve component of the 
Armed Forces who is called or ordered to active duty for a period of 
more than 30 days for purposes of maintaining civilian health care 
coverage for a dependant whom the Secretary determines to possess a 
special health care need that would be best met by remaining in the 
member's civilian health plan. In making such determination, the 
Secretary shall consider whether--

[[Page 122 STAT. 189]]

            (1) the dependent of the member was receiving treatment for 
        the special health care need before the call or order to active 
        duty of the member; and
            (2) the call or order to active duty would result in an 
        interruption in treatment or a change in health care provider 
        for such treatment.

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

    (a) Authority To Specify Additional Eligible Persons.--Subsection 
(b) of section 1078a of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) <<NOTE: Regulations.>>  Any other person specified in 
        regulations prescribed by the Secretary of Defense for purposes 
        of this paragraph who loses entitlement to health care services 
        under this chapter or section 1145 of this title, subject to 
        such terms and conditions as the Secretary shall prescribe in 
        the regulations.''.

    (b) Election of Coverage.--Subsection (d) of such section is amended 
by adding at the end the following new paragraph:
            ``(4) <<NOTE: Regulations.>>  In the case of a person 
        described in subsection (b)(4), by such date as the Secretary 
        shall prescribe in the regulations required for purposes of that 
        subsection.''.

    (c) Period of Coverage.--Subsection (g)(1) of such section is 
amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) in the case of a person described in subsection 
        (b)(4), the date that is 36 months after the date on which the 
        person loses entitlement to health care services as described in 
        that subsection.''.

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

    (a) In General.--Section 706(f) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2282; 10 U.S.C. 1076d note) is amended--
            (1) by striking ``Enrollments'' and inserting ``(1) Except 
        as provided in paragraph (2), enrollments''; and
            (2) by adding at the end the following new paragraph:

    ``(2) The enrollment of a member in TRICARE Standard that is in 
effect on the day before health care under TRICARE Standard is provided 
pursuant to the effective date in subsection (g) shall not be terminated 
by operation of the exclusion of eligibility under subsection (a)(2) of 
such section 1076d, as so amended, for the duration of the eligibility 
of the member under TRICARE Standard as in effect on October 16, 
2006.''.
    (b) <<NOTE: 10 USC 1076d note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on October 1, 2007.

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

    (a) Extension of Duration of Pilot Program.--Section 721(e) of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108-375; 118 Stat. 1988;

[[Page 122 STAT. 190]]

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) <<NOTE: 10 USC 1092 note.>>  Addition to Requirements of Pilot 
Program.--Section 721(b) of such Act is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period and inserting ``; and'' at the 
        end of paragraph (4); and
            (3) by adding at the end the following:
            ``(5) collaborate with State and local authorities to create 
        an arrangement to share and exchange, between the Department of 
        Defense and non-military health care systems, personal health 
        information and data of military personnel and their 
        families.''.

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

    (a) Inclusion of Mental Health Care in Definition of Health Care.--
Section 1072 of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(10) The term `health care' includes mental health 
        care.''.

    (b) Report on Access to Mental Health Care Services.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the adequacy of access to 
mental health services under the TRICARE program, including in the 
geographic areas where surveys on the continued viability of TRICARE 
Standard and TRICARE Extra are conducted under section 711 of this Act.

                     Subtitle B--Studies and Reports

SEC. 711. <<NOTE: 10 USC 1073 note.>>  SURVEYS ON CONTINUED VIABILITY OF 
            TRICARE STANDARD AND TRICARE EXTRA.

    (a) Requirement for Surveys.--
            (1) In general.--The Secretary of Defense shall conduct 
        surveys of health care providers and beneficiaries who use 
        TRICARE in the United States to determine, utilizing a 
        reconciliation of the responses of providers and beneficiaries 
        to such surveys, each of the following:
                    (A) How many health care providers in TRICARE Prime 
                service areas selected under paragraph (3)(A) are 
                accepting new patients under each of TRICARE Standard 
                and TRICARE Extra.
                    (B) How many health care providers in geographic 
                areas in which TRICARE Prime is not offered are 
                accepting patients under each of TRICARE Standard and 
                TRICARE Extra.

[[Page 122 STAT. 191]]

                    (C) The availability of mental health care providers 
                in TRICARE Prime service areas selected under paragraph 
                (3)(C) and in geographic areas in which TRICARE Prime is 
                not offered.
            (2) Benchmarks.--The Secretary shall establish for purposes 
        of the surveys required by paragraph (1) benchmarks for primary 
        care and specialty care providers, including mental health care 
        providers, to be utilized to determine the adequacy of the 
        availability of health care providers to beneficiaries eligible 
        for TRICARE.
            (3) Scope of surveys.--The Secretary shall carry out the 
        surveys required by paragraph (1) as follows:
                    (A) In the case of the surveys required by 
                subparagraph (A) of that paragraph, in at least 20 
                TRICARE Prime service areas in the United States in each 
                of fiscal years 2008 through 2011.
                    (B) In the case of the surveys required by 
                subparagraph (B) of that paragraph, in 20 geographic 
                areas in which TRICARE Prime is not offered and in which 
                significant numbers of beneficiaries who are members of 
                the Selected Reserve reside.
                    (C) In the case of the surveys required by 
                subparagraph (C) of that paragraph, in at least 40 
                geographic areas.
            (4) Priority for surveys.--In prioritizing the areas which 
        are to be surveyed under paragraph (1), the Secretary shall--
                    (A) consult with representatives of TRICARE 
                beneficiaries and health care and mental health care 
                providers to identify locations where TRICARE Standard 
                beneficiaries are experiencing significant levels of 
                access-to-care problems under TRICARE Standard or 
                TRICARE Extra;
                    (B) give a high priority to surveying health care 
                and mental health care providers in such areas; and
                    (C) give a high priority to surveying beneficiaries 
                and providers located in geographic areas with high 
                concentrations of members of the Selected Reserve.
            (5) Information from providers.--The surveys required by 
        paragraph (1) shall include questions seeking to determine from 
        health care and mental health care providers the following:
                    (A) Whether the provider is aware of the TRICARE 
                program.
                    (B) What percentage of the provider's current 
                patient population uses any form of TRICARE.
                    (C) Whether the provider accepts patients for whom 
                payment is made under the medicare program for health 
                care and mental health care services.
                    (D) If the provider accepts patients referred to in 
                subparagraph (C), whether the provider would accept 
                additional such patients who are not in the provider's 
                current patient population.
            (6) Information from beneficiaries.--The surveys required by 
        paragraph (1) shall include questions seeking information to 
        determine from TRICARE beneficiaries whether they have 
        difficulties in finding health care and mental health care 
        providers willing to provide services under TRICARE Standard or 
        TRICARE Extra.

[[Page 122 STAT. 192]]

    (b) GAO Review.--
            (1) Ongoing review.--The Comptroller General shall, on an 
        ongoing basis, review--
                    (A) the processes, procedures, and analysis used by 
                the Department of Defense to determine the adequacy of 
                the number of health care and mental health care 
                providers--
                          (i) that currently accept TRICARE Standard or 
                      TRICARE Extra beneficiaries as patients under 
                      TRICARE Standard in each TRICARE area as of the 
                      date of completion of the review; and
                          (ii) that would accept TRICARE Standard or 
                      TRICARE Extra beneficiaries as new patients under 
                      TRICARE Standard or TRICARE Extra, as applicable, 
                      within a reasonable time after the date of 
                      completion of the review; and
                    (B) the actions taken by the Department of Defense 
                to ensure ready access of TRICARE Standard beneficiaries 
                to health care and mental health care under TRICARE 
                Standard in each TRICARE area, including any pending or 
                resolved requests for waiver of payment limits in order 
                to improve access to health care or mental health care 
                in a specific geographic area.
            (2) Reports.--The Comptroller General shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives on a bi-annual basis a report on the results of 
        the review under paragraph (1). Each report shall include the 
        following:
                    (A) An analysis of the adequacy of the surveys under 
                subsection (a).
                    (B) An identification of any impediments to 
                achieving adequacy of availability of health care and 
                mental health care under TRICARE Standard or TRICARE 
                Extra.
                    (C) An assessment of the adequacy of Department of 
                Defense education programs to inform health care and 
                mental health care providers about TRICARE Standard and 
                TRICARE Extra.
                    (D) An assessment of the adequacy of Department of 
                Defense initiatives to encourage health care and mental 
                health care providers to accept patients under TRICARE 
                Standard and TRICARE Extra.
                    (E) An assessment of the adequacy of information 
                available to TRICARE Standard beneficiaries to 
                facilitate access by such beneficiaries to health care 
                and mental health care under TRICARE Standard and 
                TRICARE Extra.
                    (F) An assessment of any need for adjustment of 
                health care and mental health care provider payment 
                rates to attract participation in TRICARE Standard by 
                appropriate numbers of health care and mental health 
                care providers.
                    (G) An assessment of the adequacy of Department of 
                Defense programs to inform members of the Selected 
                Reserve about the TRICARE Reserve Select program.
                    (H) An assessment of the ability of TRICARE Reserve 
                Select beneficiaries to receive care in their geographic 
                area.

    (c) Effective Date.--This section shall take effect on October 1, 
2007.

[[Page 122 STAT. 193]]

    (d) Repeal of Superseded Requirements and Authority.--Section 723 of 
the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 
1073 note) is repealed, effective as of October 1, 2007.
    (e) Definitions.--In this section:
            (1) The term ``TRICARE Extra'' means the option of the 
        TRICARE program under which TRICARE Standard beneficiaries may 
        obtain discounts on cost-sharing as a result of using TRICARE 
        network providers.
            (2) The term ``TRICARE Prime'' means the managed care option 
        of the TRICARE program.
            (3) The term ``TRICARE Prime service area'' means a 
        geographic area designated by the Department of Defense in which 
        managed care support contractors develop a managed care network 
        under TRICARE Prime.
            (4) The term ``TRICARE Standard'' means the option of the 
        TRICARE program that is also known as the Civilian Health and 
        Medical Program of the Uniformed Services, as defined in section 
        1072(4) of title 10, United States Code.
            (5) The term ``TRICARE Reserve Select'' means the option of 
        the TRICARE program that allows members of the Selected Reserve 
        to enroll in TRICARE Standard, pursuant to section 1076d of 
        title 10, United States Code.
            (6) The term ``member of the Selected Reserve'' means a 
        member of the Selected Reserve of the Ready Reserve of a reserve 
        component of the Armed Forces.
            (7) The term ``United States'' means the United States (as 
        defined in section 101(a) of title 10, United States Code), its 
        possessions (as defined in such section), and the Commonwealth 
        of Puerto Rico.

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

    (a) Report Required.--The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the requirements of section 567 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2224; 10 U.S.C. 1481 note).
    (b) Matters Covered.--The report shall include a detailed 
description of the implementation of such section, including--
            (1) where the training program is taking place;
            (2) who is providing the training;
            (3) the number of each type of military health care 
        professional trained to date; and
            (4) what the training covers.

    (c) Deadline.--The report required by this section shall be 
submitted not later than 180 days after the date of the enactment of 
this Act.

SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.

    (a) Report Required.--Not later than March 1, 2008, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the ongoing patient satisfaction surveys taking place in Department of 
Defense inpatient and outpatient settings at military treatment 
facilities.
    (b) Content.--The report required under subsection (a) shall include 
the following:

[[Page 122 STAT. 194]]

            (1) The types of survey questions asked.
            (2) How frequently the surveying is conducted.
            (3) How often the results are analyzed and reported back to 
        the treatment facilities.
            (4) To whom survey feedback is made available.
            (5) How best practices are incorporated for quality 
        improvement.
            (6) An analysis of the effect of inpatient and outpatient 
        surveys on quality improvement and a comparison of patient 
        satisfaction survey programs with patient satisfaction survey 
        programs used by other public and private health care systems 
        and organizations.

    (c) Use of Report Information.--The Secretary shall use information 
in the report as the basis for a plan for improvements in patient 
satisfaction surveys used to assess health care at military treatment 
facilities in order to ensure the provision of high quality health care 
and hospital services in such facilities.

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

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

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

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the policies of the Department of Defense 
for administering and evaluating the vaccination of members of the Armed 
Forces.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the Department's policies governing the 
        administration of multiple vaccinations in a 24-hour period, 
        including the procedures providing for a full review of an 
        individual's medical history prior to the administration of 
        multiple vaccinations, and whether such policies and procedures

[[Page 122 STAT. 195]]

        differ for members of the Armed Forces on active duty and 
        members of reserve components.
            (2) An assessment of how the Department's policies on 
        multiple vaccinations in a 24-hour period conform to current 
        regulations of the Food and Drug Administration and research 
        performed or being performed by the Centers for Disease Control, 
        other non-military Federal agencies, and non-Federal 
        institutions on multiple vaccinations in a 24-hour period.
            (3) An assessment of the Department's procedures for 
        initiating investigations of deaths of members of the Armed 
        Forces in which vaccinations may have played a role, including 
        whether such investigations can be requested by family members 
        of the deceased individuals.
            (4) The number of deaths of members of the Armed Forces 
        since May 18, 1998, that the Department has investigated for the 
        potential role of vaccine administration, including both the 
        number of deaths investigated that was alleged to have involved 
        more than one vaccine administered in a given 24-hour period and 
        the number of deaths investigated that was determined to have 
        involved more than one vaccine administered in a given 24-hour 
        period.
            (5) An assessment of the procedures for providing the 
        Adjutants General of the various States and territories with up-
        to-date information on the effectiveness and potential allergic 
        reactions and side effects of vaccines required to be taken by 
        National Guard members.
            (6) An assessment of whether procedures are in place to 
        provide that the Adjutants General of the various States and 
        territories retain updated medical records of each National 
        Guard member called up for active duty.

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

    (a) Comprehensive Review.--The Secretary of Defense shall conduct a 
comprehensive review of--
            (1) the need for gender- and ethnic group-specific mental 
        health treatment and services for members of the Armed Forces; 
        and
            (2) the efficacy and adequacy of existing gender- and ethnic 
        group-specific mental health treatment programs and services for 
        members of the Armed Forces, to include availability of and 
        access to such programs.

    (b) Elements.--The review required by subsection (a) shall include, 
but not be limited to, an assessment of the following:
            (1) The need for gender- and ethnic group-specific mental 
        health outreach, prevention, and treatment services for members 
        of the Armed Forces.
            (2) The access to and efficacy of existing gender- and 
        ethnic group-specific mental health outreach, prevention, and 
        treatment services and programs (including substance abuse 
        programs).
            (3) The availability of gender- and ethnic group-specific 
        services and treatment for members of the Armed Forces who 
        experienced sexual assault or abuse.

[[Page 122 STAT. 196]]

            (4) The access to and need for treatment facilities focusing 
        on the gender- and ethnic group-specific mental health care 
        needs of members of the Armed Forces.
            (5) The need for further clinical research on the gender- 
        and ethnic group-specific needs of members of the Armed Forces 
        who served in a combat zone.

    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the review required by subsection (a).

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

    (a) <<NOTE: 10 USC 1073 note.>>  Regulations.--The Secretary of 
Defense shall prescribe regulations to establish criteria that licensed 
or certified mental health counselors shall meet in order to be able to 
independently provide care to TRICARE beneficiaries and receive payment 
under the TRICARE program for such services. The criteria shall include 
requirements for education level, licensure, certification, and clinical 
experience as considered appropriate by the Secretary.

    (b) Study Required.--The Secretary of Defense shall enter into a 
contract with the Institute of Medicine of the National Academy of 
Sciences, or another similarly qualified independent academic medical 
organization, for the purpose of--
            (1) conducting an independent study of the credentials, 
        preparation, and training of individuals practicing as licensed 
        mental health counselors; and
            (2) making recommendations for permitting licensed mental 
        health counselors to practice independently under the TRICARE 
        program.

    (c) Elements of Study.--
            (1) Educational requirements.--The study required by 
        subsection (b) shall provide for an assessment of the 
        educational requirements and curricula relevant to mental health 
        practice for licensed mental health counselors, including types 
        of degrees recognized, certification standards for graduate 
        programs for such profession, and recognition of undergraduate 
        coursework for completion of graduate degree requirements.
            (2) Licensing requirements.--The study required by 
        subsection (b) shall provide for an assessment of State 
        licensing requirements for licensed mental health counselors, 
        including for each level of licensure if a State issues more 
        than one type of license for the profession. The assessment 
        shall examine requirements in the areas of education, training, 
        examination, continuing education, and ethical standards, and 
        shall include an evaluation of the extent to which States 
        authorize members of the licensed mental health counselor 
        profession to diagnose and treat mental illnesses.
            (3) Clinical experience requirements.--The study required by 
        subsection (b) shall provide for an analysis of the requirements 
        for clinical experience for a licensed mental health counselor 
        to be recognized under regulations for the TRICARE program, and 
        recommendations, if any, for standardization or adjustment of 
        such requirements.
            (4) Independent practice under other federal programs.--The 
        study required by subsection (b) shall provide for an assessment 
        of the extent to which licensed mental health

[[Page 122 STAT. 197]]

        counselors are authorized to practice independently under other 
        Federal programs (such as the Medicare program, the Department 
        of Veterans Affairs, the Indian Health Service, and Head Start), 
        and a review of the relationship, if any, between recognition of 
        mental health professions under the Medicare program and 
        independent practice authority for such profession under the 
        TRICARE program.
            (5) Independent practice under fehbp.--The study required by 
        subsection (b) shall provide for an assessment of the extent to 
        which licensed mental health counselors are authorized to 
        practice independently under the Federal Employee Health 
        Benefits Program and private insurance plans. The assessment 
        shall identify the States having laws requiring private insurers 
        to cover, or offer coverage of, the services of members of 
        licensed mental health counselors and shall identify the 
        conditions, if any, that are placed on coverage of practitioners 
        under the profession by insurance plans and how frequently these 
        types of conditions are used by insurers.
            (6) Historical review of regulations.--The study required by 
        subsection (b) shall provide for a review of the history of 
        regulations prescribed by the Department of Defense regarding 
        which members of the mental health profession are recognized as 
        providers under the TRICARE program as independent 
        practitioners, and an examination of the recognition by the 
        Department of third-party certification for members of such 
        profession.
            (7) Clinical capabilities studies.--The study required by 
        subsection (b) shall include a review of outcome studies and of 
        the literature regarding the comparative quality and 
        effectiveness of care provided by licensed mental health 
        counselors and provide an independent review of the findings.

    (d) Recommendations for TRICARE Independent Practice Authority.--The 
recommendations provided under subsection (b)(2) shall include 
recommendations regarding modifications of current policy for the 
TRICARE program with respect to allowing licensed mental health 
counselors to practice independently under the TRICARE program.
    (e) Report.--Not later than March 1, 2009, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the review required by subsection 
(b).

SEC. 718. <<NOTE: 10 USC 221 note.>>  REPORT ON FUNDING OF THE 
            DEPARTMENT OF DEFENSE FOR HEALTH CARE.

    (a) <<NOTE: President.>>  Report.--If the President submits to 
Congress the budget for a fiscal year under section 1105 of title 31, 
United States Code, and the aggregate amount included in that budget for 
the Department of Defense for health care for such fiscal year is less 
than the aggregate amount provided by Congress for the Department for 
health care for the preceding fiscal year, and, in the case of the 
Department, the total allocation from the Defense Health Program to any 
military department is less than the total of such allocation in the 
preceding fiscal year, the President shall submit to Congress a report 
on--
            (1) the reasons for the determination that inclusion of a 
        lesser aggregate amount or allocation to any military department 
        is in the national interest; and

[[Page 122 STAT. 198]]

            (2) the anticipated effects of the inclusion of such lesser 
        aggregate amount or allocation to any military department on the 
        access to and delivery of medical and support services to 
        members of the Armed Forces and their family members.

    (b) Termination.--The section shall not be in effect after December 
31, 2017.

                        Subtitle C--Other Matters

SEC. 721. <<NOTE: 10 USC 129c note.>>  PROHIBITION ON CONVERSION OF 
            MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL 
            AND DENTAL POSITIONS.

    (a) Prohibition.--The Secretary of a military department may not 
convert any military medical or dental position to a civilian medical or 
dental position during the period beginning on October 1, 2007, and 
ending on September 30, 2012.
    (b) Restoration of Certain Positions to Military Positions.--In the 
case of any military medical or dental position that is converted to a 
civilian medical or dental position during the period beginning on 
October 1, 2004, and ending on September 30, 2008, if the position is 
not filled by a civilian by September 30, 2008, the Secretary of the 
military department concerned shall restore the position to a military 
medical or dental position that can be filled only by a member of the 
Armed Forces who is a health professional.
    (c) Report.--
            (1) Requirement.--The Secretary of Defense shall submit to 
        the congressional defense committees a report on conversions 
        made during fiscal year 2007 not later than 180 days after the 
        enactment of this Act.
            (2) Matters covered.--The report shall include the 
        following:
                    (A) The number of military medical or dental 
                positions, by grade or band and specialty, converted to 
                civilian medical or dental positions.
                    (B) The results of a market survey in each affected 
                area of the availability of civilian medical and dental 
                care providers in such area in order to determine 
                whether there were civilian medical and dental care 
                providers available in such area adequate to fill the 
                civilian positions created by the conversion of military 
                medical and dental positions to civilian positions in 
                such area.
                    (C) An analysis, by affected area, showing the 
                extent to which access to health care and cost of health 
                care was affected in both the direct care and purchased 
                care systems, including an assessment of the effect of 
                any increased shifts in patient load from the direct 
                care to the purchased care system, or any delays in 
                receipt of care in either the direct or purchased care 
                system because of the conversions.
                    (D) The extent to which military medical and dental 
                positions converted to civilian medical or dental 
                positions affected recruiting and retention of uniformed 
                medical and dental personnel.
                    (E) A comparison of the full costs for the military 
                medical and dental positions converted with the full 
                costs

[[Page 122 STAT. 199]]

                for civilian medical and dental positions, including 
                expenses such as recruiting, salary, benefits, training, 
                and any other costs the Department identifies.
                    (F) An assessment showing that the military medical 
                or dental positions converted were in excess of the 
                military medical and dental positions needed to meet 
                medical and dental readiness requirements of the 
                uniformed services, as determined jointly by all the 
                uniformed services.

    (d) Definitions.--In this section:
            (1) The term ``military medical or dental position'' means a 
        position for the performance of health care functions within the 
        Armed Forces held by a member of the Armed Forces.
            (2) The term ``civilian medical or dental position'' means a 
        position for the performance of health care functions within the 
        Department of Defense held by an employee of the Department or 
        of a contractor of the Department.
            (3) The term ``uniformed services'' has the meaning given 
        that term in section 1072(1) of title 10, United States Code.
            (4) The term ``conversion'', with respect to a military 
        medical or dental position, means a change of the position to a 
        civilian medical or dental position, effective as of the date of 
        the manning authorization document of the military department 
        making the change (through a change in designation from military 
        to civilian in the document, the elimination of the listing of 
        the position as a military position in the document, or through 
        any other means indicating the change in the document or 
        otherwise).

    (e) Repeal.--Section 742 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2306) <<NOTE: 10 USC 129c note.>>  is repealed.

SEC. 722. <<NOTE: 10 USC 176 note.>>  ESTABLISHMENT OF JOINT PATHOLOGY 
            CENTER.

    (a) Findings.--Congress makes the following findings:
            (1) The Secretary of Defense proposed to disestablish all 
        elements of the Armed Forces Institute of Pathology, except the 
        National Medical Museum and the Tissue Repository, as part of 
        the recommendations of the Secretary for the closure of Walter 
        Reed Army Medical Center in the 2005 round of defense base 
        closure and realignment.
            (2) The Defense Base Closure and Realignment Commission 
        altered, but did not reject, the proposal of the Secretary of 
        Defense to disestablish the Armed Forces Institute of Pathology.
            (3) The Commission's recommendation that the Armed Forces 
        Institute of Pathology's ``capabilities not specified in this 
        recommendation will be absorbed into other DOD, Federal, or 
        civilian facilities'' provides the flexibility to retain a Joint 
        Pathology Center as a Department of Defense or Federal entity.

    (b) Sense of Congress.--It is the sense of Congress that the Armed 
Forces Institute of Pathology has provided important medical benefits to 
the Armed Forces and to the United States and that the Federal 
Government should retain a Joint Pathology Center.
    (c) <<NOTE: President.>>  Establishment.--
            (1) Establishment required.--The President shall establish 
        and maintain a Joint Pathology Center that shall function as the 
        reference center in pathology for the Federal Government.

[[Page 122 STAT. 200]]

            (2) Establishment within dod.--Except as provided in 
        paragraph (3), the Joint Pathology Center shall be established 
        in the Department of Defense, consistent with the final 
        recommendations of the 2005 Defense Base Closure and Realignment 
        Commission, as approved by the President.
            (3) <<NOTE: Deadline.>>  Establishment in another 
        department.--If the President makes a determination, within 180 
        days after the date of the enactment of this Act, that the Joint 
        Pathology Center cannot be established in the Department of 
        Defense, the Joint Pathology Center shall be established as an 
        element of a Federal agency other than the Department of 
        Defense. The President shall incorporate the selection of such 
        agency into the determination made under this paragraph.

    (d) Services.--The Joint Pathology Center shall provide, at a 
minimum, the following:
            (1) Diagnostic pathology consultation services in medicine, 
        dentistry, and veterinary sciences.
            (2) Pathology education, to include graduate medical 
        education, including residency and fellowship programs, and 
        continuing medical education.
            (3) Diagnostic pathology research.
            (4) Maintenance and continued modernization of the Tissue 
        Repository and, as appropriate, utilization of the Repository in 
        conducting the activities described in paragraphs (1) through 
        (3).

TITLE <<NOTE: Acquisition Improvement and Accountability Act of 2007.>>  
VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Sec. 800. Short title.

              Subtitle A--Acquisition Policy and Management

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

[[Page 122 STAT. 201]]

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

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

                Subtitle D--Accountability in Contracting

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

              Subtitle E--Acquisition Workforce Provisions

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

              Subtitle F--Contracts in Iraq and Afghanistan

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

              Subtitle G--Defense Materiel Readiness Board

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

                        Subtitle H--Other Matters

Sec. 881. Clearinghouse for rapid identification and dissemination of 
           commercial information technologies.
Sec. 882. Authority to license certain military designations and 
           likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military 
           flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source 
           limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat 
           zones.
Sec. 886. Enhanced authority to acquire products and services produced 
           in Iraq and Afghanistan.

[[Page 122 STAT. 202]]

Sec. 887. Defense Science Board review of Department of Defense policies 
           and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the 
           Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and 
           Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and 
           Afghanistan.

SEC. 800. <<NOTE: 10 USC 101 note.>>  SHORT TITLE.

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

              Subtitle A--Acquisition Policy and Management

SEC. 801. <<NOTE: 10 USC 2304 note.>>  INTERNAL CONTROLS FOR 
            PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY 
            CERTAIN NON-DEFENSE AGENCIES.

    (a) Inspectors General Reviews and Determinations.--
            (1) In general.--For each covered non-defense agency, the 
        Inspector General of the Department of Defense and the Inspector 
        General of such covered non-defense agency shall, not later than 
        the date specified in paragraph (2), jointly--
                    (A) review--
                          (i) the procurement policies, procedures, and 
                      internal controls of such covered non-defense 
                      agency that are applicable to the procurement of 
                      property and services on behalf of the Department 
                      by such covered non-defense agency; and
                          (ii) the administration of such policies, 
                      procedures, and internal controls; and
                    (B) determine in writing whether such covered non-
                defense agency is or is not compliant with defense 
                procurement requirements.
            (2) Deadline for reviews and determinations.--The reviews 
        and determinations required by paragraph (1) shall take place as 
        follows:
                    (A) In the case of the General Services 
                Administration, by not later than March 15, 2010.
                    (B) In the case of each of the Department of the 
                Treasury, the Department of the Interior, and the 
                National Aeronautics and Space Administration, by not 
                later than March 15, 2011.
                    (C) In the case of each of the Department of 
                Veterans Affairs and the National Institutes of Health, 
                by not later than March 15, 2012.
            (3) Separate reviews and determinations.--The Inspector 
        General of the Department of Defense and the Inspector General 
        of a covered non-defense agency may by joint agreement conduct 
        separate reviews of the procurement of property and services on 
        behalf of the Department of Defense that are conducted by 
        separate business units, or under separate government-wide 
        acquisition contracts, of the covered non-defense agency. If 
        such separate reviews are conducted, the

[[Page 122 STAT. 203]]

        Inspectors General shall make a separate determination under 
        paragraph (1)(B) with respect to each such separate review.
            (4) Memoranda of understanding for reviews and 
        determinations.--Not <<NOTE: Deadline.>>  later than one year 
        before a review and determination is required under this 
        subsection with respect to a covered non-defense agency, the 
        Inspector General of the Department of Defense and the Inspector 
        General of the covered non-defense agency shall enter into a 
        memorandum of understanding with each other to carry out such 
        review and determination.
            (5) Termination of non-compliance determination.--If the 
        Inspector General of the Department of Defense and the Inspector 
        General of a covered non-defense agency determine, pursuant to 
        paragraph (1)(B), that a covered non-defense agency is not 
        compliant with defense procurement requirements, the Inspectors 
        General shall terminate such a determination effective on the 
        date on which the Inspectors General jointly--
                    (A) determine that the non-defense agency is 
                compliant with defense procurement requirements; and
                    (B) <<NOTE: Notification.>>  notify the Secretary of 
                Defense of that determination.
            (6) Resolution of disagreements.--If the Inspector General 
        of the Department of Defense and the Inspector General of a 
        covered non-defense agency are unable to agree on a joint 
        determination under this subsection, a determination by the 
        Inspector General of the Department of Defense under this 
        subsection shall be conclusive for the purposes of this section.

    (b) Limitation on Procurements on Behalf of Department of Defense.--
            (1) Except as provided in paragraph (2), an acquisition 
        official of the Department of Defense may place an order, make a 
        purchase, or otherwise procure property or services for the 
        Department of Defense in excess of the simplified acquisition 
        threshold through a non-defense agency only if--
                    (A) in the case of a procurement by any non-defense 
                agency in any fiscal year, the head of the non-defense 
                agency has certified that the non-defense agency will 
                comply with defense procurement requirements for the 
                fiscal year;
                    (B) in the case of--
                          (i) a procurement by a covered non-defense 
                      agency in a fiscal year for which a memorandum of 
                      understanding is required by subsection (a)(4), 
                      the Inspector General of the Department of Defense 
                      and the Inspector General of the covered non-
                      defense agency have entered into such a memorandum 
                      of understanding; or
                          (ii) a procurement by a covered non-defense 
                      agency in a fiscal year following the Inspectors 
                      General review and determination required by 
                      subsection (a), the Inspectors General have 
                      determined that a covered non-defense agency is 
                      compliant with defense procurement requirements or 
                      have terminated a prior determination of non-
                      compliance in accordance with subsection (a)(5); 
                      and

[[Page 122 STAT. 204]]

                    (C) the procurement is not otherwise prohibited by 
                section 817 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364) or section 811 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163).
            (2) Exception for procurements of necessary property and 
        services.--
                    (A) In general.--The limitation in paragraph (1) 
                shall not apply to the procurement of property and 
                services on behalf of the Department of Defense by a 
                non-defense agency during any fiscal year for which 
                there is in effect a written determination of the Under 
                Secretary of Defense for Acquisition, Technology, and 
                Logistics that it is necessary in the interest of the 
                Department of Defense to procure property and services 
                through the non-defense agency during such fiscal year.
                    (B) Scope of particular exception.--A written 
                determination with respect to a non-defense agency under 
                subparagraph (A) shall apply to any category of 
                procurements through the non-defense agency that is 
                specified in the determination.

    (c) Guidance on Interagency Contracting.--
            (1) Requirement.--Not <<NOTE: Deadline.>>  later than 180 
        days after the date of enactment of this Act, the Secretary of 
        Defense shall issue guidance on the use of interagency 
        contracting by the Department of Defense.
            (2) Matters covered.--The guidance required by paragraph (1) 
        shall address the circumstances in which it is appropriate for 
        Department of Defense acquisition officials to procure goods or 
        services through a contract entered into by an agency outside 
        the Department of Defense. At a minimum, the guidance shall 
        address--
                    (A) the circumstances in which it is appropriate for 
                such acquisition officials to use direct acquisitions;
                    (B) the circumstances in which it is appropriate for 
                such acquisition officials to use assisted acquisitions;
                    (C) the circumstances in which it is appropriate for 
                such acquisition officials to use interagency 
                contracting to acquire items unique to the Department of 
                Defense and the procedures for approving such 
                interagency contracting;
                    (D) the circumstances in which it is appropriate for 
                such acquisition officials to use interagency 
                contracting to acquire items that are already being 
                provided under a contract awarded by the Department of 
                Defense;
                    (E) tools that should be used by such acquisition 
                officials to determine whether items are already being 
                provided under a contract awarded by the Department of 
                Defense; and
                    (F) procedures for ensuring that defense procurement 
                requirements are identified and communicated to outside 
                agencies involved in interagency contracting.

    (d) Compliance With Defense Procurement Requirements.--For the 
purposes of this section, a non-defense agency is compliant with defense 
procurement requirements if the procurement policies, procedures, and 
internal controls of the non-defense agency applicable to the 
procurement of products and services on

[[Page 122 STAT. 205]]

behalf of the Department of Defense, and the manner in which they are 
administered, are adequate to ensure the compliance of the non-defense 
agency with the requirements of laws and regulations (including 
applicable Department of Defense financial management regulations) that 
apply to procurements of property and services made directly by the 
Department of Defense.
    (e) Treatment of Procurements for Fiscal Year Purposes.--For the 
purposes of this section, a procurement shall be treated as being made 
during a particular fiscal year to the extent that funds are obligated 
by the Department of Defense for the procurement in that fiscal year.
    (f) Definitions.--In this section:
            (1) Non-defense agency.--The term ``non-defense agency'' 
        means any department or agency of the Federal Government other 
        than the Department of Defense. Such term includes a covered 
        non-defense agency.
            (2) Covered non-defense agency.--The term ``covered non-
        defense agency'' means each of the following:
                    (A) The General Services Administration.
                    (B) The Department of the Treasury.
                    (C) The Department of the Interior.
                    (D) The National Aeronautics and Space 
                Administration.
                    (E) The Department of Veterans Affairs.
                    (F) The National Institutes of Health.
            (3) Government-wide acquisition contract.--The term 
        ``government-wide acquisition contract'' means a task or 
        delivery order contract that--
                    (A) is entered into by a non-defense agency; and
                    (B) may be used as the contract under which property 
                or services are procured for one or more other 
                departments or agencies of the Federal Government.
            (4) Simplified acquisition threshold.--The term ``simplified 
        acquisition threshold'' has the meaning provided by section 
        2302(7) of title 10, United States Code.
            (5) Interagency contracting.--The term ``interagency 
        contracting'' means the exercise of the authority under section 
        1535 of title 31, United States Code, or other statutory 
        authority, for Federal agencies to purchase goods and services 
        under contracts entered into or administered by other agencies.
            (6) Acquisition official.--The term ``acquisition 
        official'', with respect to the Department of Defense, means--
                    (A) a contracting officer of the Department of 
                Defense; or
                    (B) any other Department of Defense official 
                authorized to approve a direct acquisition or an 
                assisted acquisition on behalf of the Department of 
                Defense.
            (7) Direct acquisition.--The term ``direct acquisition'', 
        with respect to the Department of Defense, means the type of 
        interagency contracting through which the Department of Defense 
        orders an item or service from a government-wide acquisition 
        contract maintained by a non-defense agency.
            (8) Assisted acquisition.--The term ``assisted 
        acquisition'', with respect to the Department of Defense, means 
        the type of interagency contracting through which acquisition 
        officials of a non-defense agency award a contract or task or 
        delivery

[[Page 122 STAT. 206]]

        order for the procurement of goods or services on behalf of the 
        Department of Defense.

SEC. 802. <<NOTE: 10 USC 2410p note.>>  LEAD SYSTEMS INTEGRATORS.

    (a) <<NOTE: Effective dates. Contracts.>>  Prohibitions on the Use 
of Lead Systems Integrators.--
            (1) Prohibition on new lead systems integrators.--Effective 
        October 1, 2010, the Department of Defense may not award a new 
        contract for lead systems integrator functions in the 
        acquisition of a major system to any entity that was not 
        performing lead systems integrator functions in the acquisition 
        of the major system prior to the date of the enactment of this 
        Act.
            (2) Prohibition on lead systems integrators beyond low-rate 
        initial production.--Effective on the date of the enactment of 
        this Act, the Department of Defense may award a new contract for 
        lead systems integrator functions in the acquisition of a major 
        system only if--
                    (A) the major system has not yet proceeded beyond 
                low-rate initial production; or
                    (B) the Secretary of Defense determines in writing 
                that it would not be practicable to carry out the 
                acquisition without continuing to use a contractor to 
                perform lead systems integrator functions and that doing 
                so is in the best interest of the Department.
            (3) Requirements relating to determinations.--A 
        determination under paragraph (2)(B)--
                    (A) shall specify the reasons why it would not be 
                practicable to carry out the acquisition without 
                continuing to use a contractor to perform lead systems 
                integrator functions (including a discussion of 
                alternatives, such as the use of the Department of 
                Defense workforce, or a system engineering and technical 
                assistance contractor);
                    (B) shall include a plan for phasing out the use of 
                contracted lead systems integrator functions over the 
                shortest period of time consistent with the interest of 
                the national defense;
                    (C) may not be delegated below the level of the 
                Under Secretary of Defense for Acquisition, Technology, 
                and Logistics; and
                    (D) shall be provided to the Committees on Armed 
                Services of the Senate and the House of Representatives 
                at least 45 days before the award of a contract pursuant 
                to the determination.

    (b) Acquisition Workforce.--
            (1) Requirement.--The Secretary of Defense shall ensure that 
        the acquisition workforce is of the appropriate size and skill 
        level necessary--
                    (A) to accomplish inherently governmental functions 
                related to acquisition of major systems; and
                    (B) to effectuate the purpose of subsection (a) to 
                minimize and eventually eliminate the use of contractors 
                to perform lead systems integrator functions.
            (2) Report.--The Secretary shall include an update on the 
        progress made in complying with paragraph (1) in the annual 
        report required by section 820 of the John Warner

[[Page 122 STAT. 207]]

        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 120 Stat. 2330).

    (c) Exception for Contracts for Other Management Services.--The 
Department of Defense may continue to award contracts for the 
procurement of services the primary purpose of which is to perform 
acquisition support functions with respect to the development or 
production of a major system, if the following conditions are met with 
respect to each such contract:
            (1) The contract prohibits the contractor from performing 
        inherently governmental functions.
            (2) The Department of Defense organization responsible for 
        the development or production of the major system ensures that 
        Federal employees are responsible for--
                    (A) determining courses of action to be taken in the 
                best interest of the government; and
                    (B) determining best technical performance for the 
                warfighter.
            (3) The contract requires that the prime contractor for the 
        contract may not advise or recommend the award of a contract or 
        subcontract for the development or production of the major 
        system to an entity owned in whole or in part by the prime 
        contractor.

    (d) Definitions.--In this section:
            (1) Lead systems integrator.--The term ``lead systems 
        integrator'' means--
                    (A) a prime contractor for the development or 
                production of a major system, if the prime contractor is 
                not expected at the time of award to perform a 
                substantial portion of the work on the system and the 
                major subsystems; or
                    (B) a prime contractor under a contract for the 
                procurement of services the primary purpose of which is 
                to perform acquisition functions closely associated with 
                inherently governmental functions with respect to the 
                development or production of a major system.
            (2) Major system.--The term ``major system'' has the meaning 
        given such term in section 2302d of title 10, United States 
        Code.
            (3) Low-rate initial production.--The term ``low-rate 
        initial production'' has the meaning given such term in section 
        2400 of title 10, United States Code.

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

    (a) <<NOTE: Deadline.>>  Assessment Required.--Not later than 180 
days after the date of the enactment of this Act, the Strategic 
Materials Protection Board established pursuant to section 187 of title 
10, United States Code, shall perform an assessment of the extent to 
which domestic producers of strategic materials are investing and 
planning to invest on a sustained basis in the processes, 
infrastructure, workforce training, and facilities required for the 
continued domestic production of such materials to meet national defense 
requirements.

    (b) Cooperation of Domestic Producers.--The Department of Defense 
may take into consideration the degree of cooperation of any domestic 
producer of strategic materials with the assessment conducted under 
subsection (a) when determining how much weight to accord any comments 
provided by such domestic producer

[[Page 122 STAT. 208]]

regarding a proposed waiver of domestic source limitations pursuant to 
section 2533b of title 10, United States Code.
    (c) Report to Congressional Defense Committees.--The Board shall 
include the findings and recommendations of the assessment required by 
subsection (a) in the first report submitted to Congress pursuant to 
section 187(d) of title 10, United States Code, after the completion of 
such assessment.
    (d) Definition.--The term ``strategic material'' means--
            (1) a material designated as critical to national security 
        by the Strategic Materials Protection Board in accordance with 
        section 187 of title 10, United States Code; or
            (2) a specialty metal as defined by section 2533b of title 
        10, United States Code.

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

    (a) Prohibition.--Subsection (a) of section 2533b of title 10, 
United States Code, is amended--
            (1) by striking ``Except as provided in subsections (b) 
        through (j), funds appropriated or otherwise available to the 
        Department of Defense may not be used for the procurement of--'' 
        and inserting ``Except as provided in subsections (b) through 
        (m), the acquisition by the Department of Defense of the 
        following items is prohibited:'';
            (2) in paragraph (1)--
                    (A) by striking ``the following'' and inserting 
                ``The following''; and
                    (B) by striking ``; or'' and inserting a period; and
            (3) in paragraph (2), by striking ``a speciality'' and 
        inserting ``A specialty''.

    (b) Applicability to Acquisition of Commercial Items.--Subsection 
(h) of such section is amended to read as follows:
    ``(h) Applicability to Acquisitions of Commercial Items.--(1) Except 
as provided in paragraphs (2) and (3), this section applies to 
acquisitions of commercial items, notwithstanding sections 34 and 35 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431).
    ``(2) This section does not apply to contracts or subcontracts for 
the acquisition of commercially available off-the-shelf items, as 
defined in section 35(c) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 431(c)), other than--
            ``(A) contracts or subcontracts for the acquisition of 
        specialty metals, including mill products, such as bar, billet, 
        slab, wire, plate and sheet, that have not been incorporated 
        into end items, subsystems, assemblies, or components;
            ``(B) contracts or subcontracts for the acquisition of 
        forgings or castings of specialty metals, unless such forgings 
        or castings are incorporated into commercially available off-
        the-shelf end items, subsystems, or assemblies;
            ``(C) contracts or subcontracts for commercially available 
        high performance magnets unless such high performance magnets 
        are incorporated into commercially available off-the-shelf-end 
        items or subsystems; and
            ``(D) contracts or subcontracts for commercially available 
        off-the-shelf fasteners, unless such fasteners are--

[[Page 122 STAT. 209]]

                    ``(i) incorporated into commercially available off-
                the-shelf end items, subsystems, assemblies, or 
                components; or
                    ``(ii) purchased as provided in paragraph (3).

    ``(3) This section does not apply to fasteners that are commercial 
items that are purchased under a contract or subcontract with a 
manufacturer of such fasteners, if the manufacturer has certified that 
it will purchase, during the relevant calendar year, an amount of 
domestically melted specialty metal, in the required form, for use in 
the production of such fasteners for sale to the Department of Defense 
and other customers, that is not less than 50 percent of the total 
amount of the specialty metal that it will purchase to carry out the 
production of such fasteners.''.
    (c) Electronic Components.--Subsection (g) of such section is 
amended by striking ``commercially available'' and all that follows 
through the end of the subsection and inserting ``electronic components, 
unless the Secretary of Defense, upon the recommendation of the 
Strategic Materials Protection Board pursuant to section 187 of this 
title, determines that the domestic availability of a particular 
electronic component is critical to national security.''.
    (d) Additional Exceptions.--Section 2533b of title 10, United States 
Code, as amended by subsections (a), (b), and (c), is further amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsections:

    ``(i) Exceptions for Purchases of Specialty Metals Below Minimum 
Threshold.--(1) Notwithstanding subsection (a), the Secretary of Defense 
or the Secretary of a military department may accept delivery of an item 
containing specialty metals that were not melted in the United States if 
the total amount of noncompliant specialty metals in the item does not 
exceed 2 percent of the total weight of specialty metals in the item.
    ``(2) This subsection does not apply to high performance magnets.
    ``(j) Streamlined Compliance for Commercial Derivative Military 
Articles.--(1) Subsection (a) shall not apply to an item acquired under 
a prime contract if the Secretary of Defense or the Secretary of a 
military department determines that--
            ``(A) the item is a commercial derivative military article; 
        and
            ``(B) <<NOTE: Certification.>>  the contractor certifies 
        that the contractor and its subcontractors have entered into a 
        contractual agreement, or agreements, to purchase an amount of 
        domestically melted specialty metal in the required form, for 
        use during the period of contract performance in the production 
        of the commercial derivative military article and the related 
        commercial article, that is not less than the greater of--
                    ``(i) an amount equivalent to 120 percent of the 
                amount of specialty metal that is required to carry out 
                the production of the commercial derivative military 
                article (including the work performed under each 
                subcontract); or
                    ``(ii) an amount equivalent to 50 percent of the 
                amount of specialty metal that is purchased by the 
                contractor and

[[Page 122 STAT. 210]]

                its subcontractors for use during such period in the 
                production of the commercial derivative military article 
                and the related commercial article.

    ``(2) For the purposes of this subsection, the amount of specialty 
metal that is required to carry out the production of the commercial 
derivative military article includes specialty metal contained in any 
item, including commercially available off-the-shelf items, incorporated 
into such commercial derivative military article.
    ``(k) <<NOTE: Determination.>>  National Security Waiver.--(1) 
Notwithstanding subsection (a), the Secretary of Defense may accept the 
delivery of an end item containing noncompliant materials if the 
Secretary determines in writing that acceptance of such end item is 
necessary to the national security interests of the United States.

    ``(2) A written determination under paragraph (1)--
            ``(A) may not be delegated below the level of the Deputy 
        Secretary of Defense or the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics;
            ``(B) shall specify the quantity of end items to which the 
        waiver applies and the time period over which the waiver 
        applies; and
            ``(C) shall be provided to the congressional defense 
        committees prior to making such a determination (except that in 
        the case of an urgent national security requirement, such 
        certification may be provided to the defense committees up to 7 
        days after it is made).

    ``(3)(A) In any case in which the Secretary makes a determination 
under paragraph (1), the Secretary shall determine whether or not the 
noncompliance was knowing and willful.
    ``(B) If the Secretary determines that the noncompliance was not 
knowing or willful, the Secretary shall ensure that the contractor or 
subcontractor responsible for the noncompliance develops and implements 
an effective plan to ensure future compliance.
    ``(C) If the Secretary determines that the noncompliance was knowing 
or willful, the Secretary shall--
            ``(i) require the development and implementation of a plan 
        to ensure future compliance; and
            ``(ii) consider suspending or debarring the contractor or 
        subcontractor until such time as the contractor or subcontractor 
        has effectively addressed the issues that lead to such 
        noncompliance.''.

    (e) Additional Definitions.--Subsection (m) of section 2533b of 
title 10, United States Code, as redesignated by subsection (c), is 
further amended by adding at the end the following:
            ``(3) The term `acquisition' has the meaning provided in 
        section 4 of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403).
            ``(4) The term `required form' shall not apply to end items 
        or to their components at any tier. The term `required form' 
        means in the form of mill product, such as bar, billet, wire, 
        slab, plate or sheet, and in the grade appropriate for the 
        production of--
                    ``(A) a finished end item delivered to the 
                Department of Defense; or
                    ``(B) a finished component assembled into an end 
                item delivered to the Department of Defense.

[[Page 122 STAT. 211]]

            ``(5) The term `commercially available off-the-shelf', has 
        the meaning provided in section 35(c) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 431(c)).
            ``(6) The term `assemblies' means items forming a portion of 
        a system or subsystem that can be provisioned and replaced as an 
        entity and which incorporates multiple, replaceable parts.
            ``(7) The term `commercial derivative military article' 
        means an item procured by the Department of Defense that is or 
        will be produced using the same production facilities, a common 
        supply chain, and the same or similar production processes that 
        are used for the production of articles predominantly used by 
        the general public or by nongovernmental entities for purposes 
        other than governmental purposes.
            ``(8) The term `subsystem' means a functional grouping of 
        items that combine to perform a major function within an end 
        item, such as electrical power, attitude control, and 
        propulsion.
            ``(9) The term `end item' means the final production product 
        when assembled or completed, and ready for issue, delivery, or 
        deployment.
            ``(10) The term `subcontract' includes a subcontract at any 
        tier.''.

    (f) Conforming Amendments.--Section 2533b of title 10, United States 
Code, is further amended--
            (1) in subsection (c)--
                    (A) in the heading, by striking ``Procurements'' and 
                inserting ``Acquisitions''; and
                    (B) in paragraphs (1) and (2), by striking 
                ``Procurements'' and inserting ``Acquisitions'';
            (2) in subsection (d), by striking ``procurement'' each 
        place it appears and inserting ``acquisition''; and
            (3) in subsections (f) and (g), by striking ``procurements'' 
        each place it appears and inserting ``acquisitions''.

    (g) <<NOTE: Deadline. Regulations. 10 USC 2533b note.>>  
Implementation.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall prescribe regulations on the 
implementation of this section and the amendments made by this section, 
including specific guidance on how thresholds established in subsections 
(h)(3), (i) and (j) of section 2533b of title 10, United States Code, as 
amended by this section, should be implemented.

    (h) <<NOTE: Deadline. 10 USC 2533b note.>>  Revision of Domestic 
Nonavailability Determinations and Rules.--No later than 180 days after 
the date of the enactment of this Act, any domestic nonavailability 
determination under section 2533b of title 10, United States Code, 
including a class deviation, or rules made by the Department of Defense 
between December 6, 2006, and the date of the enactment of this Act, 
shall be reviewed and amended, as necessary, to comply with the 
amendments made by this section. This requirement shall not apply to a 
domestic nonavailability determination that applies to--
            (1) an individual contract that was entered into before the 
        date of the enactment of this Act; or
            (2) an individual Department of Defense program, except to 
        the extent that such domestic nonavailability determination 
        applies to contracts entered into after the date of the 
        enactment of this Act.

    (i) <<NOTE: Deadlines. Reports.>>  Transparency Requirement for 
Commercially Available Off-the-Shelf Item Exception.--The Secretary of 
Defense

[[Page 122 STAT. 212]]

shall submit to the Committees on Armed Services of the Senate and House 
of Representatives, not later than December 30, 2008, a report on the 
use of authority provided under subsection (h) of section 2533b of title 
10, United States Code, as amended by this section. Such report shall 
include, at a minimum, a description of types of items being procured as 
commercially available off-the-shelf items under such subsection and 
incorporated into noncommercial items. The Secretary shall submit an 
update of such report to such committees not later than December 30, 
2009.

SEC. 805. <<NOTE: 10 USC 2330 note. Deadline.>>  PROCUREMENT OF 
            COMMERCIAL SERVICES.

    (a) Regulations Required.--Not later than 180 days after the date of 
the enactment of this Act , the Secretary of Defense shall modify the 
regulations of the Department of Defense for the procurement of 
commercial services for or on behalf of the Department of Defense.
    (b) Applicability of Commercial Procedures.--
            (1) Services of a type sold in marketplace.--The regulations 
        modified pursuant to subsection (a) shall ensure that services 
        that are not offered and sold competitively in substantial 
        quantities in the commercial marketplace, but are of a type 
        offered and sold competitively in substantial quantities in the 
        commercial marketplace, may be treated as commercial items for 
        purposes of section 2306a of title 10, United States Code 
        (relating to truth in negotiations), only if the contracting 
        officer determines in writing that the offeror has submitted 
        sufficient information to evaluate, through price analysis, the 
        reasonableness of the price for such services.
            (2) Information submitted.--To the extent necessary to make 
        a determination under paragraph (1), the contracting officer may 
        request the offeror to submit--
                    (A) prices paid for the same or similar commercial 
                items under comparable terms and conditions by both 
                government and commercial customers; and
                    (B) if the contracting officer determines that the 
                information described in subparagraph (A) is not 
                sufficient to determine the reasonableness of price, 
                other relevant information regarding the basis for price 
                or cost, including information on labor costs, material 
                costs, and overhead rates.

    (c) Time-and-Materials Contracts.--
            (1) Commercial item acquisitions.--The regulations modified 
        pursuant to subsection (a) shall ensure that procedures 
        applicable to time-and-materials contracts and labor-hour 
        contracts for commercial item acquisitions may be used only for 
        the following:
                    (A) Services procured for support of a commercial 
                item, as described in section 4(12)(E) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).
                    (B) Emergency repair services.
                    (C) Any other commercial services only to the extent 
                that the head of the agency concerned approves a 
                determination in writing by the contracting officer 
                that--
                          (i) the services to be acquired are commercial 
                      services as defined in section 4(12)(F) of the 
                      Office of Federal Procurement Policy Act (41 
                      U.S.C. 403(12)(F));

[[Page 122 STAT. 213]]

                          (ii) if the services to be acquired are 
                      subject to subsection (b), the offeror of the 
                      services has submitted sufficient information in 
                      accordance with that subsection;
                          (iii) such services are commonly sold to the 
                      general public through use of time-and-materials 
                      or labor-hour contracts; and
                          (iv) the use of a time-and-materials or labor-
                      hour contract type is in the best interest of the 
                      Government.
            (2) Non-commercial item acquisitions.--Nothing in this 
        subsection shall be construed to preclude the use of procedures 
        applicable to time-and-materials contracts and labor-hour 
        contracts for non-commercial item acquisitions for the 
        acquisition of any category of services.

SEC. 806. <<NOTE: 10 USC 221 note.>>  SPECIFICATION OF AMOUNTS REQUESTED 
            FOR PROCUREMENT OF CONTRACT SERVICES.

    (a) Specification of Amounts Requested.--The budget justification 
materials submitted to Congress in support of the budget of the 
Department of Defense for any fiscal year after fiscal year 2009 shall 
identify clearly and separately the amounts requested in each budget 
account for the procurement of contract services.
    (b) Information Provided.--For each budget account, the materials 
submitted shall clearly identify--
            (1) the amount requested for each Department of Defense 
        component, installation, or activity; and
            (2) the amount requested for each type of service to be 
        provided.

    (c) Contract Services Defined.--In this section, the term ``contract 
services''--
            (1) means services from contractors; but
            (2) excludes services relating to research and development 
        and services relating to military construction.

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

    (a) Inventory Requirement.--Section 2330a of title 10, United States 
Code, is amended--
            (1) by redesignating subsection (d) as subsection (g);
            (2) by striking subsection (c) and inserting the following:

    ``(c) <<NOTE: Deadline.>>  Inventory.--(1) Not later than the end of 
the third quarter of each fiscal year, the Secretary of Defense shall 
submit to Congress an annual inventory of the activities performed 
during the preceding fiscal year pursuant to contracts for services for 
or on behalf of the Department of Defense. The entry for an activity on 
an inventory under this subsection shall include, for the fiscal year 
covered by such entry, the following:
            ``(A) The functions and missions performed by the 
        contractor.
            ``(B) The contracting organization, the component of the 
        Department of Defense administering the contract, and the 
        organization whose requirements are being met through contractor 
        performance of the function.
            ``(C) The funding source for the contract under which the 
        function is performed by appropriation and operating agency.
            ``(D) The fiscal year for which the activity first appeared 
        on an inventory under this section.
            ``(E) The number of full-time contractor employees (or its 
        equivalent) paid for the performance of the activity.

[[Page 122 STAT. 214]]

            ``(F) A determination whether the contract pursuant to which 
        the activity is performed is a personal services contract.
            ``(G) A summary of the data required to be collected for the 
        activity under subsection (a).

    ``(2) The inventory required under this subsection shall be 
submitted in unclassified form, but may include a classified annex.
    ``(d) <<NOTE: Deadline. Federal Register, publication.>>  Public 
Availability of Inventories.--Not later than 30 days after the date on 
which an inventory under subsection (c) is required to be submitted to 
Congress, the Secretary shall--
            ``(1) make the inventory available to the public; and
            ``(2) publish in the Federal Register a notice that the 
        inventory is available to the public.

    ``(e) <<NOTE: Deadline.>>  Review and Planning Requirements.--Within 
90 days after the date on which an inventory is submitted under 
subsection (c), the Secretary of the military department or head of the 
Defense Agency responsible for activities in the inventory shall--
            ``(1) review the contracts and activities in the inventory 
        for which such Secretary or agency head is responsible;
            ``(2) ensure that--
                    ``(A) each contract on the list that is a personal 
                services contract has been entered into, and is being 
                performed, in accordance with applicable statutory and 
                regulatory requirements;
                    ``(B) the activities on the list do not include any 
                inherently governmental functions; and
                    ``(C) to the maximum extent practicable, the 
                activities on the list do not include any functions 
                closely associated with inherently governmental 
                functions;
            ``(3) identify activities that should be considered for 
        conversion--
                    ``(A) to performance by civilian employees of the 
                Department of Defense pursuant to section 2463 of this 
                title; or
                    ``(B) to an acquisition approach that would be more 
                advantageous to the Department of Defense; and
            ``(4) develop a plan to provide for appropriate 
        consideration of the conversion of activities identified under 
        paragraph (3) within a reasonable period of time.

    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to authorize the performance of personal services by a 
contractor except where expressly authorized by a provision of law other 
than this section.''; and
            (3) by adding at the end of subsection (g) (as so 
        redesignated) the following new paragraphs:
            ``(3) Function closely associated with inherently 
        governmental functions.--The term `function closely associated 
        with inherently governmental functions' has the meaning given 
        that term in section 2383(b)(3) of this title.
            ``(4) Inherently governmental functions.--The term 
        `inherently governmental functions' has the meaning given that 
        term in section 2383(b)(2) of this title.
            ``(5) Personal services contract.--The term `personal 
        services contract' means a contract under which, as a result of 
        its terms or conditions or the manner of its administration 
        during performance, contractor personnel are subject to the 
        relatively continuous supervision and control of one or more 
        Government officers or employees, except that the giving of

[[Page 122 STAT. 215]]

        an order for a specific article or service, with the right to 
        reject the finished product or result, is not the type of 
        supervision or control that makes a contract a personal services 
        contract.''.

    (b) <<NOTE: 10 USC 2330a note.>>  Effective Date.--
            (1) The amendments made by subsection (a) shall be effective 
        upon the date of the enactment of this Act.
            (2) <<NOTE: Deadline.>>  The first inventory required by 
        section 2330a(c) of title 10, United States Code, as added by 
        subsection (a), shall be submitted not later than the end of the 
        third quarter of fiscal year 2008.

SEC. 808. <<NOTE: 10 USC 2330 note.>>  INDEPENDENT MANAGEMENT REVIEWS OF 
            CONTRACTS FOR SERVICES.

    (a) <<NOTE: Deadline.>>  Guidance and Instructions.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
Defense shall issue guidance, with detailed implementation instructions, 
for the Department of Defense to provide for periodic independent 
management reviews of contracts for services. The independent management 
review guidance and instructions issued pursuant to this subsection 
shall be designed to evaluate, at a minimum--
            (1) contract performance in terms of cost, schedule, and 
        requirements;
            (2) the use of contracting mechanisms, including the use of 
        competition, the contract structure and type, the definition of 
        contract requirements, cost or pricing methods, the award and 
        negotiation of task orders, and management and oversight 
        mechanisms;
            (3) the contractor's use, management, and oversight of 
        subcontractors;
            (4) the staffing of contract management and oversight 
        functions; and
            (5) the extent of any pass-throughs, and excessive pass-
        through charges (as defined in section 852 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007), by the 
        contractor.

    (b) Additional Subject of Review.--In addition to the matters 
required by subsection (a), the guidance and instructions issued 
pursuant to subsection (a) shall provide for procedures for the periodic 
review of contracts under which one contractor provides oversight for 
services performed by other contractors. In particular, the procedures 
shall be designed to evaluate, at a minimum--
            (1) the extent of the agency's reliance on the contractor to 
        perform acquisition functions closely associated with inherently 
        governmental functions as defined in section 2383(b)(3) of title 
        10, United States Code; and
            (2) the financial interest of any prime contractor 
        performing acquisition functions described in paragraph (1) in 
        any contract or subcontract with regard to which the contractor 
        provided advice or recommendations to the agency.

    (c) Elements.--The guidance and instructions issued pursuant to 
subsection (a) shall address, at a minimum--
            (1) the contracts subject to independent management reviews, 
        including any applicable thresholds and exceptions;
            (2) the frequency with which independent management reviews 
        shall be conducted;

[[Page 122 STAT. 216]]

            (3) the composition of teams designated to perform 
        independent management reviews;
            (4) any phase-in requirements needed to ensure that 
        qualified staff are available to perform independent management 
        reviews;
            (5) procedures for tracking the implementation of 
        recommendations made by independent management review teams; and
            (6) procedures for developing and disseminating lessons 
        learned from independent management reviews.

    (c) Reports.--
            (1) Report on guidance and instruction.--Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report setting forth the guidance and instructions issued 
        pursuant to subsection (a).
            (2) GAO report on implementation.--Not later than two years 
        after the date of the enactment of this Act, the Comptroller 
        General of the United States shall submit to the congressional 
        defense committees a report on the implementation of the 
        guidance and instructions issued pursuant to subsection (a).

SEC. 809. <<NOTE: 10 USC 2326 note.>>  IMPLEMENTATION AND ENFORCEMENT OF 
            REQUIREMENTS APPLICABLE TO UNDEFINITIZED CONTRACTUAL 
            ACTIONS.

    (a) <<NOTE: Deadline.>>  Guidance and Instructions.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
Defense shall issue guidance, with detailed implementation instructions, 
for the Department of Defense to ensure the implementation and 
enforcement of requirements applicable to undefinitized contractual 
actions.

    (b) Elements.--The guidance and instructions issued pursuant to 
subsection (a) shall address, at a minimum--
            (1) the circumstances in which it is, and is not, 
        appropriate for Department of Defense officials to use 
        undefinitized contractual actions;
            (2) approval requirements (including thresholds) for the use 
        of undefinitized contractual actions;
            (3) procedures for ensuring that timelines for the 
        definitization of undefinitized contractual actions are met;
            (4) procedures for ensuring compliance with regulatory 
        limitations on the obligation of funds pursuant to undefinitized 
        contractual actions;
            (5) procedures for ensuring compliance with regulatory 
        limitations on profit or fee with respect to costs incurred 
        before the definitization of an undefinitized contractual 
        action; and
            (6) reporting requirements for undefinitized contractual 
        actions that fail to meet required timelines for definitization 
        or fail to comply with regulatory limitations on the obligation 
        of funds or on profit or fee.

    (c) Reports.--
            (1) Report on guidance and instructions.--Not later than 210 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report setting forth the guidance and instructions issued 
        pursuant to subsection (a).

[[Page 122 STAT. 217]]

            (2) GAO report.--Not later than two years after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the congressional defense committees a 
        report on the extent to which the guidance and instructions 
        issued pursuant to subsection (a) have resulted in improvements 
        to--
                    (A) the level of insight that senior Department of 
                Defense officials have into the use of undefinitized 
                contractual actions;
                    (B) the appropriate use of undefinitized contractual 
                actions;
                    (C) the timely definitization of undefinitized 
                contractual actions; and
                    (D) the negotiation of appropriate profits and fees 
                for undefinitized contractual actions.

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

    Section 167(e)(4) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:

    ``(C)(i) The staff of the commander shall include a command 
acquisition executive, who shall be responsible for the overall 
supervision of acquisition matters for the special operations command. 
The command acquisition executive shall have the authority to--
            ``(I) negotiate memoranda of agreement with the military 
        departments to carry out the acquisition of equipment, material, 
        supplies, and services described in subparagraph (A) on behalf 
        of the command;
            ``(II) supervise the acquisition of equipment, material, 
        supplies, and services described in subparagraph (A), regardless 
        of whether such acquisition is carried out by the command, or by 
        a military department pursuant to a delegation of authority by 
        the command;
            ``(III) represent the command in discussions with the 
        military departments regarding acquisition programs for which 
        the command is a customer; and
            ``(IV) work with the military departments to ensure that the 
        command is appropriately represented in any joint working group 
        or integrated product team regarding acquisition programs for 
        which the command is a customer.

    ``(ii) The command acquisition executive of the special operations 
command shall be included on the distribution list for acquisition 
directives and instructions of the Department of Defense.''.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

    (a) Additional Requirements Applicable to Multiyear Contracts.--
Section 2306b of title 10, United States Code, is amended as follows:

[[Page 122 STAT. 218]]

            (1) Subsection (a) of such section is amended by adding at 
        the end the following new paragraph:
            ``(7) In the case of a contract in an amount equal to or 
        greater than $500,000,000, that the conditions required by 
        subparagraphs (C) through (F) of paragraph (1) of subsection (i) 
        will be met, in accordance with the Secretary's certification 
        and determination under such subsection, by such contract.''.
            (2) <<NOTE: Certification. Deadline.>>  Subsection (i)(1) of 
        such section is amended by inserting after ``unless'' the 
        following: ``the Secretary of Defense certifies in writing by no 
        later than March 1 of the year in which the Secretary requests 
        legislative authority to enter into such contract that''.
            (3) Subsection (i)(1) of such section is further amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (G); and
                    (B) by striking subparagraph (A) and inserting the 
                following:
            ``(A) The Secretary has determined that each of the 
        requirements in paragraphs (1) through (6) of subsection (a) 
        will be met by such contract and has provided the basis for such 
        determination to the congressional defense committees.
            ``(B) The Secretary's determination under subparagraph (A) 
        was made after the completion of a cost analysis performed by 
        the Cost Analysis Improvement Group of the Department of Defense 
        and such analysis supports the findings.
            ``(C) The system being acquired pursuant to such contract 
        has not been determined to have experienced cost growth in 
        excess of the critical cost growth threshold pursuant to section 
        2433(d) of this title within 5 years prior to the date the 
        Secretary anticipates such contract (or a contract for advance 
        procurement entered into consistent with the authorization for 
        such contract) will be awarded.
            ``(D) A sufficient number of end items of the system being 
        acquired under such contract have been delivered at or within 
        the most current estimates of the program acquisition unit cost 
        or procurement unit cost for such system to determine that 
        current estimates of such unit costs are realistic.
            ``(E) During the fiscal year in which such contract is to be 
        awarded, sufficient funds will be available to perform the 
        contract in such fiscal year, and the future-years defense 
        program for such fiscal year will include the funding required 
        to execute the program without cancellation.
            ``(F) The contract is a fixed price type contract.''.
            (4) Subsection (i) of such section is further amended by 
        adding at the end the following new paragraphs:

    ``(5) The Secretary may make the certification under paragraph (1) 
notwithstanding the fact that one or more of the conditions of such 
certification are not met if the Secretary determines that, due to 
exceptional circumstances, proceeding with a multiyear contract under 
this section is in the best interest of the Department of Defense and 
the Secretary provides the basis for such determination with the 
certification.
    ``(6) The Secretary of Defense may not delegate the authority to 
make the certification under paragraph (1) or the determination under 
paragraph (5) to an official below the level of Under Secretary of 
Defense for Acquisition, Technology, and Logistics.

[[Page 122 STAT. 219]]

    ``(7) <<NOTE: Notification. Deadline.>>  The Secretary of Defense 
shall send a notification containing the findings of the agency head 
under subsection (a), and the basis for such findings, 30 days prior to 
the award of a multiyear contract for a defense acquisition program that 
has been specifically authorized by law.''.
            (5) Such section is further amended by adding at the end the 
        following new subsection:

    ``(m) Increased Funding and Reprogramming Requests.--Any request for 
increased funding for the procurement of a major system under a 
multiyear contract authorized under this section shall be accompanied by 
an explanation of how the request for increased funding affects the 
determinations made by the Secretary under subsection (i).''.
    (b) <<NOTE: Effective date. 10 USC 2306b note.>>  Applicability.--
The amendments made by this section shall take effect on the date of the 
enactment of this Act and shall apply with respect to multiyear 
contracts for the purchase of major systems for which legislative 
authority is requested on or after that date.

SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.

    Section 2366a of title 10, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:

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

[[Page 122 STAT. 220]]

                    ``(E) the program demonstrates a high likelihood of 
                accomplishing its intended mission; and
                    ``(F) the program complies with all relevant 
                policies, regulations, and directives of the Department 
                of Defense.'';
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (c), (d), (e), and (f), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) <<NOTE: Notification.>>  Changes to Certification.--(1) The 
program manager for a major defense acquisition program that has 
received certification under subsection (a) shall immediately notify the 
milestone decision authority of any changes to the program that--
            ``(A) alter the substantive basis for the certification of 
        the milestone decision authority relating to any component of 
        such certification specified in paragraph (1) or (2) of 
        subsection (a); or
            ``(B) otherwise cause the program to deviate significantly 
        from the material provided to the milestone decision authority 
        in support of such certification.

    ``(2) Upon receipt of information under paragraph (1), the milestone 
decision authority may withdraw the certification concerned or rescind 
Milestone B approval (or Key Decision Point B approval in the case of a 
space program) if the milestone decision authority determines that such 
certification or approval is no longer valid.'';
            (4) in subsection (c), as redesignated by paragraph (1)--
                    (A) by inserting ``(1)'' before ``The 
                certification''; and
                    (B) by adding at the end the following new paragraph 
                (2):

    ``(2) A summary of any information provided to the milestone 
decision authority pursuant to subsection (b) and a description of the 
actions taken as a result of such information shall be submitted with 
the first Selected Acquisition Report submitted under section 2432 of 
this title after receipt of such information by the milestone decision 
authority.'';
            (5) in subsection (d), as so redesignated--
                    (A) by striking ``authority may waive'' and 
                inserting the following: ``authority may, at the time of 
                Milestone B approval (or Key Decision Point B approval 
                in the case of a space program) or at the time that such 
                milestone decision authority withdraws a certification 
                or rescinds Milestone B approval (or Key Decision Point 
                B approval in the case of a space program) pursuant to 
                subsection (b)(2), waive''; and
                    (B) by striking ``paragraph (1), (2), (3), (4), (5), 
                (6), (7), (8), or (9)'' and inserting ``paragraph (1) or 
                (2)''; and
            (6) in subsection (e), as so redesignated, by striking 
        ``subsection (c)'' and inserting ``subsection (d)''.

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

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees a report on 
potential modifications of the organization and structure of the 
Department of Defense for major defense acquisition programs.

[[Page 122 STAT. 221]]

    (b) Elements.--The report required by subsection (a) shall include 
the results of a review, conducted by the Comptroller General for 
purposes of the report, regarding the feasibility and advisability of, 
at a minimum, the following:
            (1) Revising the acquisition process for major defense 
        acquisition programs by establishing shorter, more frequent 
        acquisition program milestones.
            (2) Requiring certifications of program status to the 
        defense acquisition executive and Congress prior to milestone 
        approval for major defense acquisition programs.
            (3) Establishing a new office (to be known as the ``Office 
        of Independent Assessment'') to provide independent cost 
        estimates and performance estimates for major defense 
        acquisition programs.
            (4) Requiring the milestone decision authority for a major 
        defense acquisition program to specify, at the time of Milestone 
        B approval, or Key Decision Point B approval, as applicable, the 
        period of time that will be required to deliver an initial 
        operational capability to the relevant combatant commanders.
            (5) Establishing a materiel solutions process for addressing 
        identified gaps in critical warfighting capabilities, under 
        which process the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics circulates among the military 
        departments and appropriate Defense Agencies a request for 
        proposals for technologies and systems to address such gaps.
            (6) Modifying the role played by chiefs of staff of the 
        Armed Forces in the requirements, resource allocation, and 
        acquisition processes.
            (7) Establishing a process in which the commanders of 
        combatant commands assess, and provide input on, the 
        capabilities needed to successfully accomplish the missions in 
        the operational and contingency plans of their commands over a 
        long-term planning horizon of 15 years or more, taking into 
        account expected changes in threats, the geo-political 
        environment, and doctrine, training, and operational concepts.

    (c) Consultation.--In conducting the review required under 
subsection (b) for the report required by subsection (a), the 
Comptroller General shall obtain the views of the following:
            (1) Senior acquisition officials currently serving in the 
        Department of Defense.
            (2) Senior military officers involved in setting 
        requirements for the joint staff, the Armed Forces, and the 
        combatant commands currently serving in the Department of 
        Defense.
            (3) Individuals who formerly served as senior acquisition 
        officials in the Department of Defense.
            (4) Participants in previous reviews of the organization and 
        structure of the Department of Defense for the acquisition of 
        major weapon systems, including the President's Blue Ribbon 
        Commission on Defense Management in 1986.
            (5) Other experts on the acquisition of major weapon 
        systems.
            (6) Appropriate experts in the Government Accountability 
        Office.

[[Page 122 STAT. 222]]

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

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

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

    (a) Treatment of Subsystems, Components, and Spare Parts as 
Commercial Items.--
            (1) In general.--Section 2379 of title 10, United States 
        Code, is amended--
                    (A) in subsection (a)--
                          (i) by redesignating paragraph (2) as 
                      paragraph (3);
                          (ii) in paragraph (1)(B), by striking ``and'' 
                      at the end; and
                          (iii) by inserting after paragraph (1), the 
                      following:
            ``(2) the offeror has submitted sufficient information to 
        evaluate, through price analysis, the reasonableness of the 
        price for such system; and'';
                    (B) by striking subsection (b) and inserting the 
                following new subsection (b):

    ``(b) Treatment of Subsystems as Commercial Items.--A subsystem of a 
major weapon system (other than a commercially available off-the-shelf 
item as defined in section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c))) shall be treated as a commercial item and 
purchased under procedures established for the procurement of commercial 
items only if--
            ``(1) the subsystem is intended for a major weapon system 
        that is being purchased, or has been purchased, under procedures 
        established for the procurement of commercial items in 
        accordance with the requirements of subsection (a); or
            ``(2) the contracting officer determines in writing that--
                    ``(A) the subsystem is a commercial item, as defined 
                in section 4(12) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403(12)); and
                    ``(B) the offeror has submitted sufficient 
                information to evaluate, through price analysis, the 
                reasonableness of the price for such subsystem.'';
                    (C) by redesignating subsections (c) and (d) as 
                subsections (e) and (f), respectively; and
                    (D) by inserting after subsection (b) the following 
                new subsections (c) and (d):

    ``(c) Treatment of Components and Spare Parts as Commercial Items.--
(1) A component or spare part for a major weapon system (other than a 
commercially available off-the-shelf item as defined in section 35(c) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))) may be 
treated as a commercial item for the purposes of section 2306a of this 
title only if--

[[Page 122 STAT. 223]]

            ``(A) the component or spare part is intended for--
                    ``(i) a major weapon system that is being purchased, 
                or has been purchased, under procedures established for 
                the procurement of commercial items in accordance with 
                the requirements of subsection (a); or
                    ``(ii) a subsystem of a major weapon system that is 
                being purchased, or has been purchased, under procedures 
                established for the procurement of commercial items in 
                accordance with the requirements of subsection (b); or
            ``(B) the contracting officer determines in writing that--
                    ``(i) the component or spare part is a commercial 
                item, as defined in section 4(12) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403(12)); and
                    ``(ii) the offeror has submitted sufficient 
                information to evaluate, through price analysis, the 
                reasonableness of the price for such component or spare 
                part.

    ``(2) This subsection shall apply only to components and spare parts 
that are acquired by the Department of Defense through a prime contract 
or a modification to a prime contract (or through a subcontract under a 
prime contract or modification to a prime contract on which the prime 
contractor adds no, or negligible, value).
    ``(d) Information Submitted.--To the extent necessary to make a 
determination under subsection (a)(2), (b)(2), or (c)(1)(B), the 
contracting officer may request the offeror to submit--
            ``(1) prices paid for the same or similar commercial items 
        under comparable terms and conditions by both government and 
        commercial customers; and
            ``(2) if the contracting officer determines that the 
        information described in paragraph (1) is not sufficient to 
        determine the reasonableness of price, other relevant 
        information regarding the basis for price or cost, including 
        information on labor costs, material costs, and overhead 
        rates.''.
            (2) Conforming amendment to technical data provision.--
        Section 2321(f)(2) of such title is amended by striking 
        ``(whether or not under a contract for commercial items)'' and 
        inserting ``(other than technical data for a commercially 
        available off-the-shelf item as defined in section 35(c) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 431(c)))''.

    (b) <<NOTE: Deadline. Regulations. 10 USC 2302 note.>>  Sales of 
Commercial Items to Nongovernmental Entities.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall modify the regulations of the Department of Defense on the 
procurement of commercial items in order to clarify that the terms 
``general public'' and ``nongovernmental entities'' in such regulations 
do not include the Federal Government or a State, local, or foreign 
government.

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

    (a) Annual Review.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall conduct an annual review of systemic 
deficiencies in the major defense acquisition programs of the Department 
of Defense for each fiscal year in which three or more major defense 
acquisition programs--
            (1) experience a critical cost growth threshold breach;
            (2) have a section 2366a certification withdrawn; or

[[Page 122 STAT. 224]]

            (3) have a Milestone A approval or Key Decision Point A 
        approval rescinded, by the milestone decision authority under 
        subsection (b) of section 2366b of title 10, United States Code, 
        as added by section 943 of this Act.

    (b) Content of Review.--The review conducted under subsection (a) 
shall--
            (1) identify common factors, including any systemic 
        deficiencies in the budget, requirements, and acquisition 
        policies and practices, that may have contributed to problems 
        with major defense acquisition programs covered by the criteria 
        in subsection (a);
            (2) assess the adequacy of corrective actions taken or to be 
        taken to address cost growth or other performance deficiencies 
        in programs covered by the criteria in subsection (a); and
            (3) make recommendations for any changes in budget, 
        requirements, and acquisition policies and practices that may be 
        appropriate to avoid similar problems with major defense 
        acquisition programs in the future.

    (c) Definitions.--In this section:
            (1) Critical cost growth threshold breach.--The term 
        ``critical cost growth threshold breach'' means a determination 
        under section 2433(d) of title 10, United States Code, by the 
        Secretary of a military department with respect to a major 
        defense acquisition program that the program acquisition unit 
        cost has increased by a percentage equal to or greater than the 
        critical cost growth threshold or that the procurement unit cost 
        has increased by a percentage equal to or greater than the 
        critical cost growth threshold.
            (2) Section 2366a certification.--The term ``section 2366a 
        certification'' means a certification with respect to a major 
        defense acquisition program under section 2366a(a) of title 10, 
        United States Code, by the milestone decision authority.

    (d) Report.--Not later than July 15, 2008, and not later than August 
15 of each year from 2009 through 2012, the Secretary of Defense shall 
submit to the congressional defense committees a report on the results 
of the annual review conducted (if any) for the preceding fiscal year 
under subsection (a).
    (e) Sunset.--The requirement to conduct an annual review under 
subsection (a) shall terminate on September 30, 2012.

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

    (a) Report Required.--Not later than May 1, 2008, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the strategies of the Department of Defense for balancing the allocation 
of funds and other resources among major defense acquisition programs.
    (b) Elements.--The report required by subsection (a) shall address, 
at a minimum, the ability of the organizations, policies, and procedures 
of the Department of Defense to provide for--
            (1) establishing priorities among needed capabilities under 
        major defense acquisition programs, and assessing the resources 
        (including funds, technologies, time, and personnel) needed to 
        achieve such capabilities;
            (2) balancing the cost, schedule, and requirements of major 
        defense acquisition programs, including those within the same

[[Page 122 STAT. 225]]

        functional or mission area, to ensure the most efficient use of 
        resources; and
            (3) ensuring that the budget, requirements, and acquisition 
        processes of the Department of Defense work in a complementary 
        manner to achieve desired results.

    (c) Role of Tri-Chair Committee in Resource Allocation.--
            (1) In general.--The report required by subsection (a) shall 
        also address the role of the committee described in paragraph 
        (2) in the resource allocation process for major defense 
        acquisition programs.
            (2) Committee.--The committee described in this paragraph is 
        a committee (to be known as the ``Tri-Chair Committee'') 
        composed of the following:
                    (A) The Under Secretary of Defense for Acquisition, 
                Technology, and Logistics, who is one of the chairs of 
                the committee.
                    (B) The Vice Chairman of the Joint Chiefs of Staff, 
                who is one of the chairs of the committee.
                    (C) The Director of Program Analysis and Evaluation, 
                who is one of the chairs of the committee.
                    (D) Any other appropriate officials of the 
                Department of Defense, as jointly agreed upon by the 
                Under Secretary and the Vice Chairman.

    (d) Changes in Law.--The report required by subsection (a) shall, to 
the maximum extent practicable, include a discussion of any changes in 
the budget, acquisition, and requirements processes of the Department of 
Defense undertaken as a result of changes in law pursuant to any section 
in this Act.
    (e) Recommendations.--The report required by subsection (a) shall 
include any recommendations, including recommendations for legislative 
action, that the Secretary considers appropriate to improve the 
organizations, policies, and procedures described in the report.

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

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

[[Page 122 STAT. 226]]

                    (B) a summary of any alternative actions the 
                Secretary plans to take to address the purposes 
                underlying such recommendation.
            (3) A summary of any additional actions the Secretary has 
        taken or plans to take to ensure that total ownership cost is 
        appropriately considered in the requirements process for major 
        weapon systems.

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

SEC. 821. <<NOTE: 10 USC 2304 note.>>  PLAN FOR RESTRICTING GOVERNMENT-
            UNIQUE CONTRACT CLAUSES ON COMMERCIAL CONTRACTS.

    (a) Plan.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall develop and implement a plan to minimize 
the number of government-unique contract clauses used in commercial 
contracts by restricting the clauses to the following:
            (1) Government-unique clauses authorized by law or 
        regulation.
            (2) Any additional clauses that are relevant and necessary 
        to a specific contract.

    (b) Commercial Contract.--In this section:
            (1) The term ``commercial contract'' means a contract 
        awarded by the Federal Government for the procurement of a 
        commercial item.
            (2) The term ``commercial item'' has the meaning provided by 
        section 4(12) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(12)).

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

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

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

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

[[Page 122 STAT. 227]]

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

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

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

    (a) Authority.--Section 167a of title 10, United States Code, is 
amended--
            (1) in subsection (a), by striking ``and acquire'' and 
        inserting ``, acquire, and maintain'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following new 
        subsection:

    ``(f) Limitation on Authority To Maintain Equipment.--The authority 
delegated under subsection (a) to maintain equipment is subject to the 
availability of funds authorized and appropriated specifically for that 
purpose.''.
    (b) Two-Year Extension.--Subsection (g) of such section, as so 
redesignated, is amended--
            (1) by striking ``through 2008'' and inserting ``through 
        2010''; and
            (2) by striking ``September 30, 2008'' and inserting 
        ``September 30, 2010''.

SEC. 826. MARKET RESEARCH.

    (a) Additional Requirements.--Subsection (c) of section 2377 of 
title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) before awarding a task order or delivery order 
                in excess of the simplified acquisition threshold.''; 
                and
            (2) by adding at the end the following:

    ``(4) The head of an agency shall take appropriate steps to ensure 
that any prime contractor of a contract (or task order or delivery 
order) in an amount in excess of $5,000,000 for the procurement of items 
other than commercial items engages in such market research as may be 
necessary to carry out the requirements of

[[Page 122 STAT. 228]]

subsection (b)(2) before making purchases for or on behalf of the 
Department of Defense.''.
    (b) <<NOTE: 10 USC 2377 note.>>  Requirement To Develop Training and 
Tools.--The Secretary of Defense shall develop training to assist 
contracting officers, and market research tools to assist such officers 
and prime contractors, in performing appropriate market research as 
required by subsection (c) of section 2377 of title 10, United States 
Code, as amended by this section.

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

    (a) Modification of Competition Requirements.--
            (1) In general.--Section 2410n of title 10, United States 
        Code, is amended by striking subsections (a) and (b) and 
        inserting the following new subsections (a) and (b):

    ``(a) Products for Which Federal Prison Industries Does Not Have 
Significant Market Share.--(1) Before purchasing a product listed in the 
latest edition of the Federal Prison Industries catalog under section 
4124(d) of title 18 for which Federal Prison Industries does not have a 
significant market share, the Secretary of Defense shall conduct market 
research to determine whether the product is comparable to products 
available from the private sector that best meet the needs of the 
Department in terms of price, quality, and time of delivery.
    ``(2) If the Secretary determines that a Federal Prison Industries 
product described in paragraph (1) is not comparable in price, quality, 
or time of delivery to products of the private sector that best meets 
the needs of the Department in terms of price, quality, and time of 
delivery, the Secretary shall use competitive procedures for the 
procurement of the product, or shall make an individual purchase under a 
multiple award contract in accordance with the competition requirements 
applicable to such contract. In conducting such a competition, the 
Secretary shall consider a timely offer from Federal Prison Industries.
    ``(b) Products for Which Federal Prison Industries Has Significant 
Market Share.--(1) The Secretary of Defense may purchase a product 
listed in the latest edition of the Federal Prison Industries catalog 
for which Federal Prison Industries has a significant market share only 
if the Secretary uses competitive procedures for the procurement of the 
product or makes an individual purchase under a multiple award contract 
in accordance with the competition requirements applicable to such 
contract. In conducting such a competition, the Secretary shall consider 
a timely offer from Federal Prison Industries.
    ``(2) For purposes of this subsection, Federal Prison Industries 
shall be treated as having a significant share of the market for a 
product if the Secretary, in consultation with the Administrator of 
Federal Procurement Policy, determines that the Federal Prison 
Industries share of the Department of Defense market for the category of 
products including such product is greater than 5 percent.''.
            (2) <<NOTE: 10 USC 2410n note.>>  Effective date.--The 
        amendment made by subsection (a) shall take effect 60 days after 
        the date of the enactment of this Act.

    (b) <<NOTE: 10 USC 2410n note.>>  List of Products for Which Federal 
Prison Industries Has Significant Market Share.--

[[Page 122 STAT. 229]]

            (1) Initial list.--Not <<NOTE: Deadline.>>  later than 60 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall publish a list of product categories for which 
        Federal Prison Industries' share of the Department of Defense 
        market is greater than 5 percent, based on the most recent 
        fiscal year for which data is available.
            (2) Modification.--The Secretary may modify the list 
        published under paragraph (1) at any time if the Secretary 
        determines that new data require adding a product category to 
        the list or omitting a product category from the list.
            (3) Consultation.--The Secretary shall carry out this 
        subsection in consultation with the Administrator for Federal 
        Procurement Policy.

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

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

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

    ``(a) Multiyear Contracts Authorized.--Subject to subsection (b), 
the Secretary of Defense may enter into a contract for a period not to 
exceed 10 years for the purchase of electricity from sources of 
renewable energy, as that term is defined in section 203(b)(2) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
    ``(b) Limitations on Contracts for Periods in Excess of Five 
Years.--The Secretary may exercise the authority in subsection (a) to 
enter into a contract for a period in excess of five years only if the 
Secretary determines, on the basis of a business case analysis prepared 
by the Department of Defense, that--
            ``(1) the proposed purchase of electricity under such 
        contract is cost effective for the Department of Defense; and
            ``(2) it would not be possible to purchase electricity from 
        the source in an economical manner without the use of a contract 
        for a period in excess of five years.

    ``(c) Relationship to Other Multiyear Contracting Authority.--
Nothing in this section shall be construed to preclude the Department of 
Defense from using other multiyear contracting authority of the 
Department to purchase renewable energy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 141 of such title is amended by adding at the end the following 
new item:

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

SEC. 829. <<NOTE: 10 USC 2533a note.>>  PROCUREMENT OF FIRE RESISTANT 
            RAYON FIBER FOR THE PRODUCTION OF UNIFORMS FROM FOREIGN 
            SOURCES.

    (a) Authority To Procure.--The Secretary of Defense may procure fire 
resistant rayon fiber for the production of uniforms that is 
manufactured in a foreign country referred to in subsection (d) if the 
Secretary determines either of the following:
            (1) That fire resistant rayon fiber for the production of 
        uniforms is not available from sources within the national 
        technology and industrial base.
            (2) That--

[[Page 122 STAT. 230]]

                    (A) procuring fire resistant rayon fiber 
                manufactured from suppliers within the national 
                technology and industrial base would result in sole-
                source contracts or subcontracts for the supply of fire 
                resistant rayon fiber; and
                    (B) such sole-source contracts or subcontracts would 
                not be in the best interests of the Government or 
                consistent with the objectives of section 2304 of title 
                10, United States Code.

    (b) Submission to Congress.--Not <<NOTE: Deadline.>>  later than 30 
days after making a determination under subsection (a), the Secretary 
shall submit to Congress a copy of the determination.

    (c) Applicability to Subcontracts.--The authority under subsection 
(a) applies with respect to subcontracts under Department of Defense 
contracts as well as to such contracts.
    (d) Foreign Countries Covered.--The authority under subsection (a) 
applies with respect to a foreign country that--
            (1) is a party to a defense memorandum of understanding 
        entered into under section 2531 of title 10, United States Code; 
        and
            (2) does not discriminate against defense items produced in 
        the United States to a greater degree than the United States 
        discriminates against defense items produced in that country.

    (e) National Technology and Industrial Base Defined.--In this 
section, the term ``national technology and industrial base'' has the 
meaning given that term in section 2500 of title 10, United States Code.
    (f) Sunset.--The authority under subsection (a) shall expire on the 
date that is five years after the date of the enactment of this Act.

SEC. 830. <<NOTE: Deadline. Reports.>>  COMPTROLLER GENERAL REVIEW OF 
            NONCOMPETITIVE AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH 
            INTEREST ITEMS.

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

                Subtitle D--Accountability in Contracting

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

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Commission on Wartime Contracting'' (in this section 
referred to as the ``Commission'').
    (b) Membership Matters.--

[[Page 122 STAT. 231]]

            (1) Membership.--The Commission shall be composed of 8 
        members, as follows:
                    (A) 2 members shall be appointed by the majority 
                leader of the Senate, in consultation with the Chairmen 
                of the Committee on Armed Services, the Committee on 
                Homeland Security and Governmental Affairs, and the 
                Committee on Foreign Relations of the Senate.
                    (B) 2 members shall be appointed by the Speaker of 
                the House of Representatives, in consultation with the 
                Chairmen of the Committee on Armed Services, the 
                Committee on Oversight and Government Reform, and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
                    (C) 1 member shall be appointed by the minority 
                leader of the Senate, in consultation with the Ranking 
                Minority Members of the Committee on Armed Services, the 
                Committee on Homeland Security and Governmental Affairs, 
                and the Committee on Foreign Relations of the Senate.
                    (D) 1 member shall be appointed by the minority 
                leader of the House of Representatives, in consultation 
                with the Ranking Minority Member of the Committee on 
                Armed Services, the Committee on Oversight and 
                Government Reform, and the Committee on Foreign Affairs 
                of the House of Representatives.
                    (E) 2 members shall be appointed by the President, 
                in consultation with the Secretary of Defense and the 
                Secretary of State.
            (2) Deadline for appointments.--All appointments to the 
        Commission shall be made not later than 120 days after the date 
        of the enactment of this Act.
            (3) Co-chairmen.--The Commission shall have two co-chairmen, 
        including--
                    (A) a co-chairman who shall be a member of the 
                Commission jointly designated by the Speaker of the 
                House of Representatives and the majority leader of the 
                Senate; and
                    (B) a co-chairman who shall be a member of the 
                Commission jointly designated by the minority leader of 
                the House of Representatives and the minority leader of 
                the Senate.
            (4) Vacancy.--In the event of a vacancy in a seat on the 
        Commission, the individual appointed to fill the vacant seat 
        shall be--
                    (A) appointed by the same officer (or the officer's 
                successor) who made the appointment to the seat when the 
                Commission was first established; and
                    (B) if the officer in subparagraph (A) is of a party 
                other than the party of the officer who made the 
                appointment to the seat when the Commission was first 
                established, chosen in consultation with the senior 
                officers in the Senate and the House of Representatives 
                of the party which is the party of the officer who made 
                the appointment to the seat when the Commission was 
                first established.

    (c) Duties.--
            (1) General duties.--The Commission shall study the 
        following matters:
                    (A) Federal agency contracting for the 
                reconstruction of Iraq and Afghanistan.

[[Page 122 STAT. 232]]

                    (B) Federal agency contracting for the logistical 
                support of coalition forces operating in Iraq and 
                Afghanistan.
                    (C) Federal agency contracting for the performance 
                of security functions in Iraq and Afghanistan.
            (2) Scope of contracting covered.--The Federal agency 
        contracting covered by this subsection includes contracts 
        entered into both in the United States and abroad for the 
        performance of activities described in paragraph (1).
            (3) Particular duties.--In carrying out the study under this 
        subsection, the Commission shall assess--
                    (A) the extent of the reliance of the Federal 
                Government on contractors to perform functions 
                (including security functions) in Iraq and Afghanistan 
                and the impact of this reliance on the achievement of 
                the objectives of the United States;
                    (B) the performance exhibited by Federal contractors 
                for the contracts under review pursuant to paragraph 
                (1), and the mechanisms used to evaluate contractor 
                performance;
                    (C) the extent of waste, fraud, and abuse under such 
                contracts;
                    (D) the extent to which those responsible for such 
                waste, fraud, and abuse have been held financially or 
                legally accountable;
                    (E) the appropriateness of the organizational 
                structure, policies, practices, and resources of the 
                Department of Defense and the Department of State for 
                handling program management and contracting for the 
                programs and contracts under review pursuant to 
                paragraph (1);
                    (F) the extent to which contractors under such 
                contracts have engaged in the misuse of force or have 
                used force in a manner inconsistent with the objectives 
                of the operational field commander; and
                    (G) the extent of potential violations of the laws 
                of war, Federal law, or other applicable legal standards 
                by contractors under such contracts.

    (d) Reports.--
            (1) Interim report.--On March 1, 2009, the Commission shall 
        submit to Congress an interim report on the study carried out 
        under subsection (c), including the results and findings of the 
        study as of that date.
            (2) Other reports.--The Commission may from time to time 
        submit to Congress such other reports on the study carried out 
        under subsection (c) as the Commission considers appropriate.
            (3) Final report.--Not later than two years after the date 
        of the appointment of all of the members of the Commission under 
        subsection (b), the Commission shall submit to Congress a final 
        report on the study carried out under subsection (c). The report 
        shall--
                    (A) include the findings of the Commission;
                    (B) identify lessons learned relating to contingency 
                program management and contingency contracting covered 
                by the study; and
                    (C) include specific recommendations for 
                improvements to be made in--

[[Page 122 STAT. 233]]

                          (i) the process for defining requirements and 
                      developing statements of work for contracts in 
                      contingency contracting;
                          (ii) the process for awarding contracts and 
                      task or delivery orders in contingency 
                      contracting;
                          (iii) the process for contingency program 
                      management;
                          (iv) the process for identifying, addressing, 
                      and providing accountability for waste, fraud, and 
                      abuse in contingency contracting;
                          (v) the process for determining which 
                      functions are inherently governmental and which 
                      functions are appropriate for performance by 
                      contractors in a contingency operation (including 
                      during combat operations), especially whether 
                      providing security in an area of combat operations 
                      is inherently governmental;
                          (vi) the organizational structure, resources, 
                      policies, and practices of the Department of 
                      Defense and the Department of State for performing 
                      contingency program management; and
                          (vii) the process by which roles and 
                      responsibilities with respect to management and 
                      oversight of contracts in contingency contracting 
                      are distributed among the various departments and 
                      agencies of the Federal Government, and 
                      interagency coordination and communication 
                      mechanisms associated with contingency 
                      contracting.

    (e) Other Powers and Authorities.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any portion thereof, may, for the 
        purpose of carrying out this section--
                    (A) hold such hearings and sit and act at such times 
                and places, take such testimony, receive such evidence, 
                administer such oaths (provided that the quorum for a 
                hearing shall be three members of the Commission); and
                    (B) provide for the attendance and testimony of such 
                witnesses and the production of such books, records, 
                correspondence, memoranda, papers, and documents;
        as the Commission, or such portion thereof, may determine 
        advisable.
            (2) Inability to obtain documents or testimony.--In the 
        event the Commission is unable to obtain testimony or documents 
        needed to conduct its work, the Commission shall notify the 
        committees of Congress of jurisdiction and appropriate 
        investigative authorities.
            (3) Access to information.--The Commission may secure 
        directly from the Department of Defense and any other department 
        or agency of the Federal Government any information or 
        assistance that the Commission considers necessary to enable the 
        Commission to carry out the requirements of this section. Upon 
        request of the Commission, the head of such department or agency 
        shall furnish such information expeditiously to the 
        Commission. <<NOTE: Reports.>> Whenever information or 
        assistance requested by the Commission is unreasonably refused 
        or not provided, the Commission shall report the circumstances 
        to Congress without delay.

[[Page 122 STAT. 234]]

            (4) Personnel.--The Commission shall have the authorities 
        provided in section 3161 of title 5, United States Code, and 
        shall be subject to the conditions set forth in such section, 
        except to the extent that such conditions would be inconsistent 
        with the requirements of this section.
            (5) Detailees.--Any employee of the Federal Government may 
        be detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
            (6) Security clearances.--The appropriate departments or 
        agencies of the Federal Government shall cooperate with the 
        Commission in expeditiously providing to the Commission members 
        and staff appropriate security clearances to the extent possible 
        pursuant to existing procedures and requirements, except that no 
        person shall be provided with access to classified information 
        under this section without the appropriate security clearances.
            (7) Violations of law.--
                    (A) Referral to attorney general.--The Commission 
                may refer to the Attorney General any violation or 
                potential violation of law identified by the Commission 
                in carrying out its duties under this section.
                    (B) Reports on results of referral.--The Attorney 
                General shall submit to Congress a report on each 
                prosecution, conviction, resolution, or other 
                disposition that results from a referral made under this 
                subparagraph.

    (f) Termination.--The Commission shall terminate on the date that is 
60 days after the date of the submittal of its final report under 
subsection (d)(3).
    (g) Definitions.--In this section:
            (1) Contingency contracting.--The term ``contingency 
        contracting'' means all stages of the process of acquiring 
        property or services during a contingency operation.
            (2) Contingency operation.--The term ``contingency 
        operation'' has the meaning given that term in section 101 of 
        title 10, United States Code.
            (3) Contingency program management.--The term ``contingency 
        program management'' means the process of planning, organizing, 
        staffing, controlling, and leading the combined efforts of 
        participating personnel for the management of a specific 
        acquisition program or programs during contingency operations.

SEC. 842. <<NOTE: 10 USC 2302 note.>>  INVESTIGATION OF WASTE, FRAUD, 
            AND ABUSE IN WARTIME CONTRACTS AND CONTRACTING PROCESSES IN 
            IRAQ AND AFGHANISTAN.

    (a) Audits Required.--Thorough audits shall be performed in 
accordance with this section to identify potential waste, fraud, and 
abuse in the performance of--
            (1) Department of Defense contracts, subcontracts, and task 
        and delivery orders for the logistical support of coalition 
        forces in Iraq and Afghanistan; and
            (2) Federal agency contracts, subcontracts, and task and 
        delivery orders for the performance of security and 
        reconstruction functions in Iraq and Afghanistan.

    (b) Audit Plans.--

[[Page 122 STAT. 235]]

            (1) The Department of Defense Inspector General shall 
        develop a comprehensive plan for a series of audits of 
        contracts, subcontracts, and task and delivery orders covered by 
        subsection (a)(1), consistent with the requirements of 
        subsection (g), in consultation with other Inspectors General 
        specified in subsection (c) with regard to any contracts, 
        subcontracts, or task or delivery orders over which such 
        Inspectors General have jurisdiction.
            (2) The Special Inspector General for Iraq Reconstruction 
        shall develop a comprehensive plan for a series of audits of 
        contracts, subcontracts, and task and delivery orders covered by 
        subsection (a)(2) relating to Iraq, consistent with the 
        requirements of subsection (h), in consultation with other 
        Inspectors General specified in subsection (c) with regard to 
        any contracts, subcontracts, or task or delivery orders over 
        which such Inspectors General have jurisdiction.
            (3) The Special Inspector General for Afghanistan 
        Reconstruction shall develop a comprehensive plan for a series 
        of audits of contracts, subcontracts, and task and delivery 
        orders covered by subsection (a)(2) relating to Afghanistan, 
        consistent with the requirements of subsection (h), in 
        consultation with other Inspectors General specified in 
        subsection (c) with regard to any contracts, subcontracts, or 
        task or delivery orders over which such Inspectors General have 
        jurisdiction.

    (c) Performance of Audits by Certain Inspectors General.--The 
Special Inspector General for Iraq Reconstruction, during such period as 
such office exists, the Special Inspector General for Afghanistan 
Reconstruction, during such period as such office exists, the Inspector 
General of the Department of Defense, the Inspector General of the 
Department of State, and the Inspector General of the United States 
Agency for International Development shall perform such audits as 
required by subsection (a) and identified in the audit plans developed 
pursuant to subsection (b) as fall within the respective scope of their 
duties as specified in law.
    (d) Coordination of Audits.--The Inspectors General specified in 
subsection (c) shall work to coordinate the performance of the audits 
required by subsection (a) and identified in the audit plans developed 
under subsection (b) including through councils and working groups 
composed of such Inspectors General.
    (e) Joint Audits.--If one or more audits required by subsection (a) 
and identified in an audit plan developed under subsection (b) falls 
within the scope of the duties of more than one of the Inspectors 
General specified in subsection (c), and such Inspectors General agree 
that such audit or audits are best pursued jointly, such Inspectors 
General shall enter into a memorandum of understanding relating to the 
performance of such audit or audits.
    (f) Separate Audits.--If one or more audits required by subsection 
(a) and identified in an audit plan developed under subsection (b) falls 
within the scope of the duties of more than one of the Inspectors 
General specified in subsection (c), and such Inspectors General do not 
agree that such audit or audits are best pursued jointly, such audit or 
audits shall be separately performed by one or more of the Inspectors 
General concerned.
    (g) Scope of Audits of Contracts.--Audits conducted pursuant to 
subsection (a)(1) shall examine, at a minimum, one or more of the 
following issues:

[[Page 122 STAT. 236]]

            (1) The manner in which contract requirements were 
        developed.
            (2) The procedures under which contracts or task or delivery 
        orders were awarded.
            (3) The terms and conditions of contracts or task or 
        delivery orders.
            (4) The staffing and method of performance of contractors, 
        including cost controls.
            (5) The efficacy of Department of Defense management and 
        oversight, including the adequacy of staffing and training of 
        officials responsible for such management and oversight.
            (6) The flow of information from contractors to officials 
        responsible for contract management and oversight.

    (h) Scope of Audits of Other Contracts.--Audits conducted pursuant 
to subsection (a)(2) shall examine, at a minimum, one or more of the 
following issues:
            (1) The manner in which contract requirements were developed 
        and contracts or task and delivery orders were awarded.
            (2) The manner in which the Federal agency exercised control 
        over the performance of contractors.
            (3) The extent to which operational field commanders were 
        able to coordinate or direct the performance of contractors in 
        an area of combat operations.
            (4) The degree to which contractor employees were properly 
        screened, selected, trained, and equipped for the functions to 
        be performed.
            (5) The nature and extent of any incidents of misconduct or 
        unlawful activity by contractor employees.
            (6) The nature and extent of any activity by contractor 
        employees that was inconsistent with the objectives of 
        operational field commanders.
            (7) The extent to which any incidents of misconduct or 
        unlawful activity were reported, documented, investigated, and 
        (where appropriate) prosecuted.

    (i) Independent Conduct of Audit Functions.--All audit functions 
under this section, including audit planning and coordination, shall be 
performed by the relevant Inspectors General in an independent manner, 
without consultation with the Commission established pursuant to section 
841 of this Act. All audit reports resulting from such audits shall be 
available to the Commission.

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

    (a) Defense Contracts.--
            (1) Limitation on single award contracts.--Section 2304a(d) 
        of title 10, United States Code, is amended--
                    (A) by redesignating paragraph (3) as paragraph (4); 
                and
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):

    ``(3)(A) No task or delivery order contract in an amount estimated 
to exceed $100,000,000 (including all options) may be awarded to a 
single source unless the head of the agency determines in writing that--
            ``(i) the task or delivery orders expected under the 
        contract are so integrally related that only a single source can 
        reasonably perform the work;

[[Page 122 STAT. 237]]

            ``(ii) the contract provides only for firm, fixed price task 
        orders or delivery orders for--
                    ``(I) products for which unit prices are established 
                in the contract; or
                    ``(II) services for which prices are established in 
                the contract for the specific tasks to be performed;
            ``(iii) only one source is qualified and capable of 
        performing the work at a reasonable price to the government; or
            ``(iv) because of exceptional circumstances, it is necessary 
        in the public interest to award the contract to a single source.

    ``(B) <<NOTE: Notification. Deadline.>>  The head of the agency 
shall notify Congress within 30 days after any determination under 
subparagraph (A)(iv).''.
            (2) Enhanced competition for orders in excess of 
        $5,000,000.--Section 2304c of such title is amended--
                    (A) by redesignating subsections (d), (e), and (f) 
                as subsections (e), (f), and (g), respectively;
                    (B) by inserting after subsection (c) the following 
                new subsection (d):

    ``(d) Enhanced Competition for Orders in Excess of $5,000,000.--In 
the case of a task or delivery order in excess of $5,000,000, the 
requirement to provide all contractors a fair opportunity to be 
considered under subsection (b) is not met unless all such contractors 
are provided, at a minimum--
            ``(1) <<NOTE: Notification.>>  a notice of the task or 
        delivery order that includes a clear statement of the agency's 
        requirements;
            ``(2) a reasonable period of time to provide a proposal in 
        response to the notice;
            ``(3) disclosure of the significant factors and subfactors, 
        including cost or price, that the agency expects to consider in 
        evaluating such proposals, and their relative importance;
            ``(4) in the case of an award that is to be made on a best 
        value basis, a written statement documenting the basis for the 
        award and the relative importance of quality and price or cost 
        factors; and
            ``(5) an opportunity for a post-award debriefing consistent 
        with the requirements of section 2305(b)(5) of this title.''; 
        and
                    (C) by striking subsection (e), as redesignated by 
                paragraph (1), and inserting the following new 
                subsection (e):

    ``(e) Protests.--(1) A protest is not authorized in connection with 
the issuance or proposed issuance of a task or delivery order except 
for--
            ``(A) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(B) a protest of an order valued in excess of $10,000,000.

    ``(2) Notwithstanding section 3556 of title 31, the Comptroller 
General of the United States shall have exclusive jurisdiction of a 
protest authorized under paragraph (1)(B).
    ``(3) <<NOTE: Effective date.>>  This subsection shall be in effect 
for three years, beginning on the date that is 120 days after the date 
of the enactment of the National Defense Authorization Act for Fiscal 
Year 2008.''.
            (3) <<NOTE: Applicability.>>  Effective dates.--
                    (A) <<NOTE: 10 USC 2304a note.>>  Single award 
                contracts.--The amendments made by paragraph (1) shall 
                take effect on the date that is 120 days after the date 
                of the enactment of this Act, and shall apply with 
                respect to any contract awarded on or after such date.

[[Page 122 STAT. 238]]

                    (B) <<NOTE: 10 USC 2304c note.>>  Orders in excess 
                of $5,000,000.--The amendments made by paragraph (2) 
                shall take effect on the date that is 120 days after the 
                date of the enactment of this Act, and shall apply with 
                respect to any task or delivery order awarded on or 
                after such date.

    (b) Civilian Agency Contracts.--
            (1) Limitation on single award contracts.--Section 303H(d) 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253h(d)) is amended--
                    (A) by redesignating paragraph (3) as paragraph (4); 
                and
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):

    ``(3)(A) No task or delivery order contract in an amount estimated 
to exceed $100,000,000 (including all options) may be awarded to a 
single source unless the head of the executive agency determines in 
writing that--
            ``(i) the task or delivery orders expected under the 
        contract are so integrally related that only a single source can 
        reasonably perform the work;
            ``(ii) the contract provides only for firm, fixed price task 
        orders or delivery orders for--
                    ``(I) products for which unit prices are established 
                in the contract; or
                    ``(II) services for which prices are established in 
                the contract for the specific tasks to be performed;
            ``(iii) only one source is qualified and capable of 
        performing the work at a reasonable price to the government; or
            ``(iv) because of exceptional circumstances, it is necessary 
        in the public interest to award the contract to a single source.

    ``(B) The head of the executive agency shall notify Congress within 
30 days after any determination under subparagraph (A)(iv).''.
            (2) Enhanced competition for orders in excess of 
        $5,000,000.--Section 303J of such Act (41 U.S.C. 253j) is 
        amended--
                    (A) by redesignating subsections (d), (e), and (f) 
                as subsections (e), (f), and (g), respectively;
                    (B) by inserting after subsection (c) the following 
                new subsection (d):

    ``(d) Enhanced Competition for Orders in Excess of $5,000,000.--In 
the case of a task or delivery order in excess of $5,000,000, the 
requirement to provide all contractors a fair opportunity to be 
considered under subsection (b) is not met unless all such contractors 
are provided, at a minimum--
            ``(1) <<NOTE: Notification.>>  a notice of the task or 
        delivery order that includes a clear statement of the executive 
        agency's requirements;
            ``(2) a reasonable period of time to provide a proposal in 
        response to the notice;
            ``(3) disclosure of the significant factors and subfactors, 
        including cost or price, that the executive agency expects to 
        consider in evaluating such proposals, and their relative 
        importance;
            ``(4) in the case of an award that is to be made on a best 
        value basis, a written statement documenting the basis for the 
        award and the relative importance of quality and price or cost 
        factors; and

[[Page 122 STAT. 239]]

            ``(5) an opportunity for a post-award debriefing consistent 
        with the requirements of section 303B(e).''; and
                    (C) by striking subsection (e), as redesignated by 
                paragraph (1), and inserting the following new 
                subsection (e):

    ``(e) Protests.--(1) A protest is not authorized in connection with 
the issuance or proposed issuance of a task or delivery order except 
for--
            ``(A) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(B) a protest of an order valued in excess of $10,000,000.

    ``(2) Notwithstanding section 3556 of title 31, United States Code, 
the Comptroller General of the United States shall have exclusive 
jurisdiction of a protest authorized under paragraph (1)(B).
    ``(3) <<NOTE: Effective date.>>  This subsection shall be in effect 
for three years, beginning on the date that is 120 days after the date 
of the enactment of the National Defense Authorization Act for Fiscal 
Year 2008.''.
            (3) <<NOTE: Applicability.>>  Effective dates.--
                    (A) <<NOTE: 41 USC 253h note.>>  Single award 
                contracts.--The amendments made by paragraph (1) shall 
                take effect on the date that is 120 days after the date 
                of the enactment of this Act, and shall apply with 
                respect to any contract awarded on or after such date.
                    (B) <<NOTE: 41 USC 253j note.>>  Orders in excess of 
                $5,000,000.--The amendments made by paragraph (2) shall 
                take effect on the date that is 120 days after the date 
                of the enactment of this Act, and shall apply with 
                respect to any task or delivery order awarded on or 
                after such date.

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

    (a) Civilian Agency Contracts.--
            (1) In general.--Section 303 of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253) is amended 
        by adding at the end the following new subsection:

    ``(j)(1)(A) <<NOTE: Public information. Deadline.>>  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) <<NOTE: Applicability.>>  In the case of a procurement 
permitted by subsection (c)(2), subparagraph (A) shall be applied by 
substituting `30 days' for `14 days'.

    ``(2) <<NOTE: Website.>>  The documents shall be made available on 
the website of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy.

    ``(3) This subsection does not require the public availability of 
information that is exempt from public disclosure under section 552(b) 
of title 5, United States Code.''.
            (2) Conforming amendment.--Section 303(f) of such Act is 
        amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraph (5) as paragraph (4).

    (b) Defense Agency Contracts.--

[[Page 122 STAT. 240]]

            (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) <<NOTE: Public information. Deadline.>>  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) <<NOTE: Applicability.>>  In the case of a procurement 
permitted by subsection (c)(2), subparagraph (A) shall be applied by 
substituting `30 days' for `14 days'.

    ``(2) <<NOTE: Website.>>  The documents shall be made available on 
the website of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy.

    ``(3) This subsection does not require the public availability of 
information that is exempt from public disclosure under section 552(b) 
of title 5.''.
            (2) Conforming amendment.--Section 2304(f) of such title is 
        amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively.

SEC. 845. <<NOTE: 5 USC app. 5 note.>>  DISCLOSURE OF GOVERNMENT 
            CONTRACTOR AUDIT FINDINGS.

     (a) Required Annex on Significant Audit Findings.--
            (1) In general.--Each Inspector General appointed under the 
        Inspector General Act of 1978 shall submit, as part of the 
        semiannual report submitted to Congress pursuant to section 5 of 
        such Act, an annex on final, completed contract audit reports 
        issued to the contracting activity containing significant audit 
        findings issued during the period covered by the semiannual 
        report concerned.
            (2) Elements.--Such annex shall include--
                    (A) a list of such contract audit reports;
                    (B) for each audit report, a brief description of 
                the nature of the significant audit findings in the 
                report; and
                    (C) for each audit report, the specific amounts of 
                costs identified as unsupported, questioned, or 
                disallowed.
            (3) Information exempt from public disclosure.--(A) Nothing 
        in this subsection shall be construed to require the release of 
        information to the public that is exempt from public disclosure 
        under section 552(b) of title 5, United States Code.
            (B) For each element required by paragraph (2), the 
        Inspector General concerned shall note each instance where 
        information has been redacted in accordance with the 
        requirements of section 552(b) of title 5, United States Code, 
        and submit an unredacted annex to the committees listed in 
        subsection (d)(2) within 7 days after the issuance of the 
        semiannual report.

    (b) Defense Contract Audit Agency Included.--For purposes of 
subsection (a), audits of the Defense Contract Audit Agency shall be 
included in the annex provided by the Inspector General of the 
Department of Defense if they include significant audit findings.

[[Page 122 STAT. 241]]

    (c) Exception.--Subsection (a) shall not apply to an Inspector 
General if no audits described in such subsection were issued during the 
covered period.
    (d) Submission of Individual Audits.--
            (1) Requirement.--The <<NOTE: Deadline.>>  head of each 
        Federal department or agency shall provide, within 14 days after 
        a request in writing by the chairman or ranking member of any 
        committee listed in paragraph (2), a full and unredacted copy of 
        any audit described in subsection (a). Such copy shall include 
        an identification of information in the audit exempt from public 
        disclosure under section 552(b) of title 5, United States Code.
            (2) Committees.--The committees listed in this paragraph are 
        the following:
                    (A) The Committee on Oversight and Government Reform 
                of the House of Representatives.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
                    (C) The Committees on Appropriations of the House of 
                Representatives and the Senate.
                    (D) With respect to the Department of Defense and 
                the Department of Energy, the Committees on Armed 
                Services of the Senate and House of Representatives.
                    (E) The Committees of primary jurisdiction over the 
                agency or department to which the request is made.

    (e) Classified Information.--Nothing in this section shall be 
interpreted to require the handling of classified information or 
information relating to intelligence sources and methods in a manner 
inconsistent with any law, regulation, executive order, or rule of the 
House of Representatives or of the Senate relating to the handling or 
protection of such information.
    (f) Definitions.--In this section:
            (1) Significant audit findings.--The term ``significant 
        audit findings'' includes--
                    (A) unsupported, questioned, or disallowed costs in 
                an amount in excess of $10,000,000; or
                    (B) other findings that the Inspector General of the 
                agency or department concerned determines to be 
                significant.
            (2) Contract.--The term ``contract'' includes a contract, an 
        order placed under a task or delivery order contract, or a 
        subcontract.

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

    (a) Increased Protection From Reprisal.--Subsection (a) of section 
2409 of title 10, United States Code, is amended--
            (1) by striking ``disclosing to a Member of Congress'' and 
        inserting ``disclosing to a Member of Congress, a representative 
        of a committee of Congress, an Inspector General, the Government 
        Accountability Office, a Department of Defense employee 
        responsible for contract oversight or management,''; and
            (2) by striking ``information relating to a substantial 
        violation of law related to a contract (including the 
        competition for or negotiation of a contract)'' and inserting 
        ``information that the employee reasonably believes is evidence 
        of gross mismanagement of a Department of Defense contract or 
        grant, a gross waste of Department of Defense funds, a 
        substantial

[[Page 122 STAT. 242]]

        and specific danger to public health or safety, or a violation 
        of law related to a Department of Defense contract (including 
        the competition for or negotiation of a contract) or grant''.

    (b) Clarification of Inspector General Determination.--Subsection 
(b) of such section is amended--
            (1) by inserting ``(1)'' after ``Investigation of 
        Complaints.--'';
            (2) by striking ``an agency'' and inserting ``the Department 
        of Defense, or the Inspector General of the National Aeronautics 
        and Space Administration in the case of a complaint regarding 
        the National Aeronautics and Space Administration''; and
            (3) by adding at the end the following new paragraph:

    ``(2)(A) <<NOTE: Reports. Deadline.>>  Except as provided under 
subparagraph (B), the Inspector General shall make a determination that 
a complaint is frivolous or submit a report under paragraph (1) within 
180 days after receiving the complaint.

    ``(B) <<NOTE: Reports.>>  If the Inspector General is unable to 
complete an investigation in time to submit a report within the 180-day 
period specified in subparagraph (A) and the person submitting the 
complaint agrees to an extension of time, the Inspector General shall 
submit a report under paragraph (1) within such additional period of 
time as shall be agreed upon between the Inspector General and the 
person submitting the complaint.''.

    (c) Acceleration of Schedule for Denying Relief or Providing 
Remedy.--Subsection (c) of such section is amended--
            (1) <<NOTE: Deadline.>>  in paragraph (1), by striking ``If 
        the head of the agency determines that a contractor has 
        subjected a person to a reprisal prohibited by subsection (a), 
        the head of the agency may'' and inserting after ``(1)'' the 
        following: ``Not later than 30 days after receiving an Inspector 
        General report pursuant to subsection (b), the head of the 
        agency concerned shall determine whether there is sufficient 
        basis to conclude that the contractor concerned has subjected 
        the complainant to a reprisal prohibited by subsection (a) and 
        shall either issue an order denying relief or shall'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:

    ``(2) <<NOTE: Deadlines.>>  If the head of an executive agency 
issues an order denying relief under paragraph (1) or has not issued an 
order within 210 days after the submission of a complaint under 
subsection (b), or in the case of an extension of time under paragraph 
(b)(2)(B), not later than 30 days after the expiration of the extension 
of time, and there is no showing that such delay is due to the bad faith 
of the complainant, the complainant shall be deemed to have exhausted 
all administrative remedies with respect to the complaint, and the 
complainant may bring a de novo action at law or equity against the 
contractor to seek compensatory damages and other relief available under 
this section in the appropriate district court of the United States, 
which shall have jurisdiction over such an action without regard to the 
amount in controversy. Such an action shall, at the request of either 
party to the action, be tried by the court with a jury.

    ``(3) An Inspector General determination and an agency head order 
denying relief under paragraph (2) shall be admissible in

[[Page 122 STAT. 243]]

evidence in any de novo action at law or equity brought pursuant to this 
subsection.''.
    (d) Definitions.--Subsection (e) of such section is amended--
            (1) in paragraph (4), by inserting ``or a grant'' after ``a 
        contract''; and
            (2) by inserting before the period at the end the following: 
        ``and any Inspector General that receives funding from, or has 
        oversight over contracts awarded for or on behalf of, the 
        Secretary of Defense''.

SEC. 847. <<NOTE: 10 USC 1701 note.>>  REQUIREMENTS FOR SENIOR 
            DEPARTMENT OF DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH 
            DEFENSE CONTRACTORS.

    (a) Requirement to Seek and Obtain Written Opinion.--
            (1) Request.--An official or former official of the 
        Department of Defense described in subsection (c) who, within 
        two years after leaving service in the Department of Defense, 
        expects to receive compensation from a Department of Defense 
        contractor, shall, prior to accepting such compensation, request 
        a written opinion regarding the applicability of post-employment 
        restrictions to activities that the official or former official 
        may undertake on behalf of a contractor.
            (2) Submission of request.--A request for a written opinion 
        under paragraph (1) shall be submitted in writing to an ethics 
        official of the Department of Defense having responsibility for 
        the organization in which the official or former official serves 
        or served and shall set forth all information relevant to the 
        request, including information relating to government positions 
        held and major duties in those positions, actions taken 
        concerning future employment, positions sought, and future job 
        descriptions, if applicable.
            (3) Written opinion.--Not <<NOTE: Deadline.>>  later than 30 
        days after receiving a request by an official or former official 
        of the Department of Defense described in subsection (c), the 
        appropriate ethics counselor shall provide such official or 
        former official a written opinion regarding the applicability or 
        inapplicability of post-employment restrictions to activities 
        that the official or former official may undertake on behalf of 
        a contractor.
            (4) Contractor requirement.--A Department of Defense 
        contractor may not knowingly provide compensation to a former 
        Department of Defense official described in subsection (c) 
        within two years after such former official leaves service in 
        the Department of Defense, without first determining that the 
        former official has sought and received (or has not received 
        after 30 days of seeking) a written opinion from the appropriate 
        ethics counselor regarding the applicability of post-employment 
        restrictions to the activities that the former official is 
        expected to undertake on behalf of the contractor.
            (5) Administrative actions.--In the event that an official 
        or former official of the Department of Defense described in 
        subsection (c), or a Department of Defense contractor, knowingly 
        fails to comply with the requirements of this subsection, the 
        Secretary of Defense may take any of the administrative actions 
        set forth in section 27(e) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423(e)) that the Secretary of Defense 
        determines to be appropriate.

    (b) Recordkeeping Requirement.--

[[Page 122 STAT. 244]]

            (1) Database.--Each request for a written opinion made 
        pursuant to this section, and each written opinion provided 
        pursuant to such a request, shall be retained by the Department 
        of Defense in a central database or repository for not less than 
        five years beginning on the date on which the written opinion 
        was provided.
            (2) Inspector general review.--The Inspector General of the 
        Department of Defense shall conduct periodic reviews to ensure 
        that written opinions are being provided and retained in 
        accordance with the requirements of this 
        section. <<NOTE: Deadline.>>  The first such review shall be 
        conducted no later than two years after the date of the 
        enactment of this Act.

    (c) Covered Department of Defense Officials.--An official or former 
official of the Department of Defense is covered by the requirements of 
this section if such official or former official--
            (1) participated personally and substantially in an 
        acquisition as defined in section 4(16) of the Office of Federal 
        Procurement Policy Act with a value in excess of $10,000,000 and 
        serves or served--
                    (A) in an Executive Schedule position under 
                subchapter II of chapter 53 of title 5, United States 
                Code;
                    (B) in a position in the Senior Executive Service 
                under subchapter VIII of chapter 53 of title 5, United 
                States Code; or
                    (C) in a general or flag officer position 
                compensated at a rate of pay for grade O-7 or above 
                under section 201 of title 37, United States Code; or
            (2) serves or served as a program manager, deputy program 
        manager, procuring contracting officer, administrative 
        contracting officer, source selection authority, member of the 
        source selection evaluation board, or chief of a financial or 
        technical evaluation team for a contract in an amount in excess 
        of $10,000,000.

    (d) Definition.--In this section, the term ``post-employment 
restrictions'' includes--
            (1) section 27 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 423);
            (2) section 207 of title 18, United States Code; and
            (3) any other statute or regulation restricting the 
        employment or activities of individuals who leave government 
        service in the Department of Defense.

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

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the internal ethics programs of 
major defense contractors.
    (b) Elements.--The report required by subsection (a) shall address, 
at a minimum--
            (1) the extent to which major defense contractors have 
        internal ethics programs in place;
            (2) the extent to which the ethics programs described in 
        paragraph (1) include--

[[Page 122 STAT. 245]]

                    (A) the availability of internal mechanisms, such as 
                hotlines, for contractor employees to report conduct 
                that may violate applicable requirements of law or 
                regulation;
                    (B) notification to contractor employees of the 
                availability of external mechanisms, such as the hotline 
                of the Inspector General of the Department of Defense, 
                for the reporting of conduct that may violate applicable 
                requirements of law or regulation;
                    (C) notification to contractor employees of their 
                right to be free from reprisal for disclosing a 
                substantial violation of law related to a contract, in 
                accordance with section 2409 of title 10, United States 
                Code;
                    (D) ethics training programs for contractor officers 
                and employees;
                    (E) internal audit or review programs to identify 
                and address conduct that may violate applicable 
                requirements of law or regulation;
                    (F) self-reporting requirements, under which 
                contractors report conduct that may violate applicable 
                requirements of law or regulation to appropriate 
                government officials;
                    (G) disciplinary action for contractor employees 
                whose conduct is determined to have violated applicable 
                requirements of law or regulation; and
                    (H) appropriate management oversight to ensure the 
                successful implementation of such ethics programs;
            (3) the extent to which the Department of Defense monitors 
        or approves the ethics programs of major defense contractors; 
        and
            (4) the advantages and disadvantages of legislation 
        requiring that defense contractors develop internal ethics 
        programs and requiring that specific elements be included in 
        such ethics programs.

    (c) Access to Information.--In accordance with the contract clause 
required pursuant to section 2313(c) of title 10, United States Code, 
each major defense contractor shall provide the Comptroller General 
access to information requested by the Comptroller General that is 
within the scope of the report required by this section.
    (d) Major Defense Contractor Defined.--In this section, the term 
``major defense contractor'' means any company that was awarded 
contracts by the Department of Defense during fiscal year 2006 in 
amounts totaling more than $500,000,000.

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

    (a) Training Requirement.--Section 2333 of title 10, United States 
Code is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Training for Personnel Outside Acquisition Workforce.--(1) The 
joint policy for requirements definition, contingency program 
management, and contingency contracting required by subsection (a) shall 
provide for training of military personnel outside the acquisition 
workforce (including operational

[[Page 122 STAT. 246]]

field commanders and officers performing key staff functions for 
operational field commanders) who are expected to have acquisition 
responsibility, including oversight duties associated with contracts or 
contractors, during combat operations, post-conflict operations, and 
contingency operations.
    ``(2) Training under paragraph (1) shall be sufficient to ensure 
that the military personnel referred to in that paragraph understand the 
scope and scale of contractor support they will experience in 
contingency operations and are prepared for their roles and 
responsibilities with regard to requirements definition, program 
management (including contractor oversight), and contingency 
contracting.
    ``(3) The joint policy shall also provide for the incorporation of 
contractors and contract operations in mission readiness exercises for 
operations that will include contracting and contractor support.''.
    (b) <<NOTE: Deadlines. Reports.>>  Organizational Requirements.--
            (1) Evaluation by the secretary of defense.--The Secretary 
        of Defense, in consultation with the Chairman of the Joint 
        Chiefs of Staff, shall evaluate the recommendations included in 
        the report of the Commission on Army Acquisition and Program 
        Management in Expeditionary Operations and shall determine the 
        extent to which such recommendations are applicable to the other 
        Armed Forces. Not later than 120 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit a 
        report to the congressional defense committees with the 
        conclusions of this evaluation and a description of the 
        Secretary's plans for implementing the Commission's 
        recommendations for Armed Forces other than the Army.
            (2) Evaluation by the secretary of the army.--The Secretary 
        of the Army, in consultation with the Chief of Staff of the 
        Army, shall evaluate the recommendations included in the report 
        of the Commission on Army Acquisition and Program Management in 
        Expeditionary Operations. Not later than 120 days after the date 
        of the enactment of this Act, the Secretary of the Army shall 
        submit to the congressional defense committees a report 
        detailing the Secretary's plans for implementation of the 
        recommendations of the Commission. The report shall include the 
        following:
                    (A) For each recommendation that has been 
                implemented, or that the Secretary plans to implement--
                          (i) a summary of all actions that have been 
                      taken to implement such recommendation; and
                          (ii) a schedule, with specific milestones, for 
                      completing the implementation of such 
                      recommendation.
                    (B) For each recommendation that the Secretary has 
                not implemented and does not plan to implement--
                          (i) the reasons for the decision not to 
                      implement such recommendation; and
                          (ii) a summary of any alternative actions the 
                      Secretary plans to take to address the purposes 
                      underlying such recommendation.
                    (C) For each recommendation that would require 
                legislation to implement, the Secretary's 
                recommendations regarding such legislation.

    (c) Comptroller General Report.--Section 854(c) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007

[[Page 122 STAT. 247]]

(Public Law 109-364; 120 Stat. 2346) is amended by adding at the end the 
following new paragraph:
            ``(3) Comptroller general report.--Not later than 180 days 
        after the date on which the Secretary of Defense submits the 
        final report required by paragraph (2), the Comptroller General 
        of the United States shall--
                    ``(A) review the joint policies developed by the 
                Secretary, including the implementation of such 
                policies; and
                    ``(B) submit to the Committees on Armed Services of 
                the Senate and the House of Representatives a report on 
                the extent to which such policies, and the 
                implementation of such policies, comply with the 
                requirements of section 2333 of title 10, United States 
                Code (as so amended).''.

              Subtitle E--Acquisition Workforce Provisions

SEC. 851. <<NOTE: 10 USC note prec. 1580.>>  REQUIREMENT FOR SECTION ON 
            DEFENSE ACQUISITION WORKFORCE IN STRATEGIC HUMAN CAPITAL 
            PLAN.

    (a) In General.--In the update of the strategic human capital plan 
for 2008, and in each subsequent update, the Secretary of Defense shall 
include a separate section focused on the defense acquisition workforce, 
including both military and civilian personnel.
    (b) Funding.--The section shall contain--
            (1) an identification of the funding programmed for defense 
        acquisition workforce improvements, including a specific 
        identification of funding provided in the Department of Defense 
        Acquisition Workforce Fund established under section 1705 of 
        title 10, United States Code (as added by section 852 of this 
        Act);
            (2) an identification of the funding programmed for defense 
        acquisition workforce training in the future-years defense 
        program, including a specific identification of funding provided 
        by the acquisition workforce training fund established under 
        section 37(h)(3) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 433(h)(3));
            (3) a description of how the funding identified pursuant to 
        paragraphs (1) and (2) will be implemented during the fiscal 
        year concerned to address the areas of need identified in 
        accordance with subsection (c);
            (4) a statement of whether the funding identified under 
        paragraphs (1) and (2) is being fully used; and
            (5) a description of any continuing shortfall in funding 
        available for the defense acquisition workforce.

    (c) Areas of Need.--The section also shall identify any areas of 
need in the defense acquisition workforce, including--
            (1) gaps in the skills and competencies of the current or 
        projected defense acquisition workforce;
            (2) changes to the types of skills needed in the current or 
        projected defense acquisition workforce;
            (3) incentives to retain in the defense acquisition 
        workforce qualified, experienced defense acquisition workforce 
        personnel; and
            (4) incentives for attracting new, high-quality personnel to 
        the defense acquisition workforce.

[[Page 122 STAT. 248]]

    (d) Strategic Human Capital Plan Defined.--In this section, the term 
``strategic human capital plan'' means the strategic human capital plan 
required under section 1122 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 U.S.C. 
prec. 1580 note).

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

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

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

    ``(a) Establishment.--The Secretary of Defense shall establish a 
fund to be known as the `Department of Defense Acquisition Workforce 
Fund' (in this section referred to as the `Fund') to provide funds, in 
addition to other funds that may be available, for the recruitment, 
training, and retention of acquisition personnel of the Department of 
Defense.
    ``(b) Purpose.--The purpose of the Fund is to ensure that the 
Department of Defense acquisition workforce has the capacity, in both 
personnel and skills, needed to properly perform its mission, provide 
appropriate oversight of contractor performance, and ensure that the 
Department receives the best value for the expenditure of public 
resources.
    ``(c) Management.--The Fund shall be managed by a senior official of 
the Department of Defense designated by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics for that purpose, from among 
persons with an extensive background in management relating to 
acquisition and personnel.
    ``(d) Elements.--
            ``(1) In general.--The Fund shall consist of amounts as 
        follows:
                    ``(A) Amounts credited to the Fund under paragraph 
                (2).
                    ``(B) Any other amounts appropriated to, credited 
                to, or deposited into the Fund by law.
            ``(2) Credits to the fund.--(A) There shall be credited to 
        the Fund an amount equal to the applicable percentage for a 
        fiscal year of all amounts expended by the Department of Defense 
        in such fiscal year for contract services, other than services 
        relating to research and development and services relating to 
        military construction.
            ``(B) <<NOTE: Deadlines.>>  Not later than 30 days after the 
        end of the third fiscal year quarter of fiscal year 2008, and 30 
        days after the end of each fiscal year quarter thereafter, the 
        head of each military department and Defense Agency shall remit 
        to the Secretary of Defense an amount equal to the applicable 
        percentage for such fiscal year of the amount expended by such 
        military department or Defense Agency, as the case may be, 
        during such fiscal year quarter for services covered by 
        subparagraph (A). Any amount so remitted shall be credited to 
        the Fund under subparagraph (A).
            ``(C) For purposes of this paragraph, the applicable 
        percentage for a fiscal year is a percentage as follows:

[[Page 122 STAT. 249]]

                    ``(i) For fiscal year 2008, 0.5 percent.
                    ``(ii) For fiscal year 2009, 1 percent.
                    ``(iii) For fiscal year 2010, 1.5 percent.
                    ``(iv) For any fiscal year after fiscal year 2010, 2 
                percent.
            ``(D) The Secretary of Defense may reduce a percentage 
        established in subparagraph (C) for any fiscal year, if he 
        determines that the application of such percentage would result 
        in the crediting of an amount greater than is reasonably needed 
        for the purpose of the Fund. In no event may the Secretary 
        reduce a percentage for any fiscal year below a percentage that 
        results in the deposit in a fiscal year of an amount equal to 
        the following:
                    ``(i) For fiscal year 2008, $300,000,000.
                    ``(ii) For fiscal year 2009, $400,000,000.
                    ``(iii) For fiscal year 2010, $500,000,000.
                    ``(iv) For any fiscal year after fiscal year 2010, 
                $600,000,000.

    ``(e) Availability of Funds.--
            ``(1) In general.--Subject to the provisions of this 
        subsection, amounts in the Fund shall be available to the 
        Secretary of Defense for expenditure, or for transfer to a 
        military department or Defense Agency, for the recruitment, 
        training, and retention of acquisition personnel of the 
        Department of Defense for the purpose of the Fund, including for 
        the provision of training and retention incentives to the 
        acquisition workforce of the Department.
            ``(2) Prohibition.--Amounts in the Fund may not be obligated 
        for any purpose other than purposes described in paragraph (1) 
        or otherwise in accordance with this subsection.
            ``(3) Guidance.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics, acting through the 
        senior official designated to manage the Fund, shall issue 
        guidance for the administration of the Fund. Such guidance shall 
        include provisions--
                    ``(A) identifying areas of need in the acquisition 
                workforce for which amounts in the Fund may be used, 
                including--
                          ``(i) changes to the types of skills needed in 
                      the acquisition workforce;
                          ``(ii) incentives to retain in the acquisition 
                      workforce qualified, experienced acquisition 
                      workforce personnel; and
                          ``(iii) incentives for attracting new, high-
                      quality personnel to the acquisition workforce;
                    ``(B) describing the manner and timing for 
                applications for amounts in the Fund to be submitted;
                    ``(C) describing the evaluation criteria to be used 
                for approving or prioritizing applications for amounts 
                in the Fund in any fiscal year; and
                    ``(D) describing measurable objectives of 
                performance for determining whether amounts in the Fund 
                are being used in compliance with this section.
            ``(4) Limitation on payments to or for contractors.--Amounts 
        in the Fund shall not be available for payments

[[Page 122 STAT. 250]]

        to contractors or contractor employees, other than for the 
        purpose of providing advanced training to Department of Defense 
        employees.
            ``(5) Prohibition on payment of base salary of current 
        employees.--Amounts in the Fund may not be used to pay the base 
        salary of any person who was an employee of the Department as of 
        the date of the enactment of the National Defense Authorization 
        Act for Fiscal Year 2008.
            ``(6) Duration of availability.--Amounts credited to the 
        Fund under subsection (d)(2) shall remain available for 
        expenditure in the fiscal year for which credited and the two 
        succeeding fiscal years.

    ``(f) Annual Report.--Not later than 60 days after the end of each 
fiscal year beginning with fiscal year 2008, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
operation of the Fund during such fiscal year. Each report shall 
include, for the fiscal year covered by such report, the following:
            ``(1) A statement of the amounts remitted to the Secretary 
        for crediting to the Fund for such fiscal year by each military 
        department and Defense Agency, and a statement of the amounts 
        credited to the Fund for such fiscal year.
            ``(2) A description of the expenditures made from the Fund 
        (including expenditures following a transfer of amounts in the 
        Fund to a military department or Defense Agency) in such fiscal 
        year, including the purpose of such expenditures.
            ``(3) A description and assessment of improvements in the 
        Department of Defense acquisition workforce resulting from such 
        expenditures.
            ``(4) Recommendations for additional authorities to fulfill 
        the purpose of the Fund.
            ``(5) A statement of the balance remaining in the Fund at 
        the end of such fiscal year.

    ``(g) Acquisition Workforce Defined.--In this section, the term 
`acquisition workforce' means personnel in positions designated under 
section 1721 of this title as acquisition positions for purposes of this 
chapter.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of such chapter is amended by 
        inserting after the item relating to section 1704 the following 
        new item:

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

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

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

    Section 1413(b) of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1665) <<NOTE: 41 USC 433 
note.>>  is amended by striking ``September 30, 2007'' and inserting 
``September 30, 2012''.

[[Page 122 STAT. 251]]

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

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

SEC. 855. <<NOTE: 41 USC 433a.>>  FEDERAL ACQUISITION WORKFORCE 
            IMPROVEMENTS.

    (a) <<NOTE: Designation.>>  Associate Administrator for Acquisition 
Workforce Programs.--The Administrator for Federal Procurement Policy 
shall designate a member of the Senior Executive Service as the 
Associate Administrator for Acquisition Workforce Programs. The 
Associate Administrator for Acquisition Workforce Programs shall be 
located in the Federal Acquisition Institute (or its successor). The 
Associate Administrator shall be responsible for--
            (1) supervising the acquisition workforce training fund 
        established under section 37(h)(3) of the Office of Federal 
        Procurement Policy Act (41 U. S. C. 433(h)(3));
            (2) developing, in coordination with Chief Acquisition 
        Officers and Chief Human Capital Officers, a strategic human 
        capital plan for the acquisition workforce of the Federal 
        Government;
            (3) reviewing and providing input to individual agency 
        acquisition workforce succession plans;
            (4) recommending to the Administrator and other senior 
        government officials appropriate programs, policies, and 
        practices to increase the quantity and quality of the Federal 
        acquisition workforce; and
            (5) carrying out such other functions as the Administrator 
        may assign.

    (b) Acquisition and Contracting Training Programs Within Executive 
Agencies.--
            (1) Requirement.--The head of each executive agency, after 
        consultation with the Associate Administrator for Acquisition 
        Workforce Programs, shall establish and operate acquisition and 
        contracting training programs. Such programs shall--
                    (A) have curricula covering a broad range of 
                acquisition and contracting disciplines corresponding to 
                the specific acquisition and contracting needs of the 
                agency involved;
                    (B) be developed and applied according to rigorous 
                standards; and
                    (C) be designed to maximize efficiency, through the 
                use of self-paced courses, online courses, on-the-job 
                training, and the use of remote instructors, wherever 
                such features can be applied without reducing the 
                effectiveness of the training or negatively affecting 
                academic standards.
            (2) Chief acquisition officer authorities and 
        responsibilities.--Subject to the authority, direction, and 
        control of the head of an executive agency, the Chief 
        Acquisition Officer for such agency shall carry out all powers, 
        functions, and duties of the head of the agency with respect to 
        implementation of this subsection. The Chief Acquisition Officer 
        shall ensure that the policies established by the head of the 
        agency in accordance with this subsection are implemented 
        throughout the agency.

    (c) Government-Wide Policies and Evaluation.--The Administrator for 
Federal Procurement Policy shall issue policies to promote the 
development of performance standards for training and uniform 
implementation of this section by executive agencies,

[[Page 122 STAT. 252]]

with due regard for differences in program requirements among agencies 
that may be appropriate and warranted in view of the agency mission. The 
Administrator shall evaluate the implementation of the provisions of 
subsection (b) by executive agencies.
    (d) Acquisition and Contracting Training Reporting.--The 
Administrator for Federal Procurement Policy shall ensure that the heads 
of executive agencies collect and maintain standardized information on 
the acquisition and contracting workforce related to the implementation 
of subsection (b).
    (e) Acquisition Workforce Human Capital Succession Plan.--
            (1) In general.--Not <<NOTE: Deadline.>>  later than 1 year 
        after the date of the enactment of this Act, each Chief 
        Acquisition Officer for an executive agency shall develop, in 
        consultation with the Chief Human Capital Officer for the agency 
        and the Associate Administrator for Acquisition Workforce 
        Programs, a succession plan consistent with the agency's 
        strategic human capital plan for the recruitment, development, 
        and retention of the agency's acquisition workforce, with a 
        particular focus on warranted contracting officers and program 
        managers of the agency.
            (2) Content of plan.--The acquisition workforce succession 
        plan shall address--
                    (A) recruitment goals for personnel from procurement 
                intern programs;
                    (B) the agency's acquisition workforce training 
                needs;
                    (C) actions to retain high performing acquisition 
                professionals who possess critical relevant skills;
                    (D) recruitment goals for personnel from the Federal 
                Career Intern Program; and
                    (E) recruitment goals for personnel from the 
                Presidential Management Fellows Program.

    (f) Training in the Acquisition of Architect and Engineering 
Services.--The Administrator for Federal Procurement Policy shall ensure 
that a sufficient number of Federal employees are trained in the 
acquisition of architect and engineering services.
    (g) Utilization of Recruitment and Retention Authorities.--The 
Administrator for Federal Procurement Policy, in coordination with the 
Director of the Office of Personnel Management, shall encourage 
executive agencies to utilize existing authorities, including direct 
hire authority and tuition assistance programs, to recruit and retain 
acquisition personnel and consider recruiting acquisition personnel who 
may be retiring from the private sector, consistent with existing laws 
and regulations.
    (h) Definitions.--In this section:
            (1) Executive agency.--The term ``executive agency'' has the 
        meaning provided in section 4(1) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(1)).
            (2) Chief acquisition officer.--The term ``Chief Acquisition 
        Officer'' means a Chief Acquisition Officer for an executive 
        agency appointed pursuant to section 16 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 414).

[[Page 122 STAT. 253]]

              Subtitle F--Contracts in Iraq and Afghanistan

SEC. 861. <<NOTE: Deadlines. 10 USC 2302 note.>>  MEMORANDUM OF 
            UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.

    (a) Memorandum of Understanding Required.--The Secretary of Defense, 
the Secretary of State, and the Administrator of the United States 
Agency for International Development shall, not later than July 1, 2008, 
enter into a memorandum of understanding regarding matters relating to 
contracting for contracts in Iraq or Afghanistan.
    (b) Matters Covered.--The memorandum of understanding required by 
subsection (a) shall address, at a minimum, the following:
            (1) Identification of the major categories of contracts in 
        Iraq or Afghanistan being awarded by the Department of Defense, 
        the Department of State, or the United States Agency for 
        International Development.
            (2) Identification of the roles and responsibilities of each 
        department or agency for matters relating to contracting for 
        contracts in Iraq or Afghanistan.
            (3) Responsibility for establishing procedures for, and the 
        coordination of, movement of contractor personnel in Iraq or 
        Afghanistan.
            (4) Identification of common databases that will serve as 
        repositories of information on contracts in Iraq or Afghanistan 
        and contractor personnel in Iraq or Afghanistan, including 
        agreement on the elements to be included in the databases, 
        including, at a minimum--
                    (A) with respect to each contract--
                          (i) a brief description of the contract (to 
                      the extent consistent with security 
                      considerations);
                          (ii) the total value of the contract; and
                          (iii) whether the contract was awarded 
                      competitively; and
                    (B) with respect to contractor personnel--
                          (i) the total number of personnel employed on 
                      contracts in Iraq or Afghanistan;
                          (ii) the total number of personnel performing 
                      security functions under contracts in Iraq or 
                      Afghanistan; and
                          (iii) the total number of personnel working 
                      under contracts in Iraq or Afghanistan who have 
                      been killed or wounded.
            (5) Responsibility for maintaining and updating information 
        in the common databases identified under paragraph (4).
            (6) Responsibility for the collection and referral to the 
        appropriate Government agency of any information relating to 
        offenses under chapter 47 of title 10, United States Code (the 
        Uniform Code of Military Justice) or chapter 212 of title 18, 
        United States Code (commonly referred to as the Military 
        Extraterritorial Jurisdiction Act), including a clarification of 
        responsibilities under section 802(a)(10) of title 10, United 
        States Code (article 2(a) of the Uniform Code of Military 
        Justice), as amended by section 552 of the John Warner National

[[Page 122 STAT. 254]]

        Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
        364).

    (c) <<NOTE: Regulations.>>  Implementation of Memorandum of 
Understanding.--Not later than 120 days after the memorandum of 
understanding required by subsection (a) is signed, the Secretary of 
Defense, the Secretary of State, and the Administrator of the United 
States Agency for International Development shall issue such policies or 
guidance and prescribe such regulations as are necessary to implement 
the memorandum of understanding for the relevant matters pertaining to 
their respective agencies.

    (d) Copies Provided to Congress.--
            (1) Memorandum of understanding.--Copies of the memorandum 
        of understanding required by subsection (a) shall be provided to 
        the relevant committees of Congress within 30 days after the 
        memorandum is signed.
            (2) Report on implementation.--Not later than 180 days after 
        the memorandum of understanding required by subsection (a) is 
        signed, the Secretary of Defense, the Secretary of State, and 
        the Administrator of the United States Agency for International 
        Development shall each provide a report to the relevant 
        committees of Congress on the implementation of the memorandum 
        of understanding.
            (3) Databases.--The Secretary of Defense, the Secretary of 
        State, or the Administrator of the United States Agency for 
        International Development shall provide access to the common 
        databases identified under subsection (b)(4) to the relevant 
        committees of Congress.
            (4) <<NOTE: Effective date.>>  Contracts.--Effective on the 
        date of the enactment of this Act, copies of any contracts in 
        Iraq or Afghanistan awarded after December 1, 2007, shall be 
        provided to any of the relevant committees of Congress within 15 
        days after the submission of a request for such contract or 
        contracts from such committee to the department or agency 
        managing the contract.

SEC. 862. <<NOTE: 10 USC 2302 note.>>  CONTRACTORS PERFORMING PRIVATE 
            SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.

    (a) Regulations on Contractors Performing Private Security 
Functions.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 120 
        days after the date of the enactment of this Act, the Secretary 
        of Defense, in coordination with the Secretary of State, shall 
        prescribe regulations on the selection, training, equipping, and 
        conduct of personnel performing private security functions under 
        a covered contract in an area of combat operations.
            (2) Elements.--The regulations prescribed under subsection 
        (a) shall, at a minimum, establish--
                    (A) a process for registering, processing, 
                accounting for, and keeping appropriate records of 
                personnel performing private security functions in an 
                area of combat operations;
                    (B) a process for authorizing and accounting for 
                weapons to be carried by, or available to be used by, 
                personnel performing private security functions in an 
                area of combat operations;
                    (C) a process for the registration and 
                identification of armored vehicles, helicopters, and 
                other military vehicles

[[Page 122 STAT. 255]]

                operated by contractors performing private security 
                functions in an area of combat operations;
                    (D) a process under which contractors are required 
                to report all incidents, and persons other than 
                contractors are permitted to report incidents, in 
                which--
                          (i) a weapon is discharged by personnel 
                      performing private security functions in an area 
                      of combat operations;
                          (ii) personnel performing private security 
                      functions in an area of combat operations are 
                      killed or injured; or
                          (iii) persons are killed or injured, or 
                      property is destroyed, as a result of conduct by 
                      contractor personnel;
                    (E) a process for the independent review and, if 
                practicable, investigation of--
                          (i) incidents reported pursuant to 
                      subparagraph (D); and
                          (ii) incidents of alleged misconduct by 
                      personnel performing private security functions in 
                      an area of combat operations;
                    (F) requirements for qualification, training, 
                screening (including, if practicable, through background 
                checks), and security for personnel performing private 
                security functions in an area of combat operations;
                    (G) guidance to the commanders of the combatant 
                commands on the issuance of--
                          (i) orders, directives, and instructions to 
                      contractors performing private security functions 
                      relating to equipment, force protection, security, 
                      health, safety, or relations and interaction with 
                      locals;
                          (ii) predeployment training requirements for 
                      personnel performing private security functions in 
                      an area of combat operations, addressing the 
                      requirements of this section, resources and 
                      assistance available to contractor personnel, 
                      country information and cultural training, and 
                      guidance on working with host country nationals 
                      and military; and
                          (iii) rules on the use of force for personnel 
                      performing private security functions in an area 
                      of combat operations;
                    (H) a process by which a commander of a combatant 
                command may request an action described in subsection 
                (b)(3); and
                    (I) a process by which the training requirements 
                referred to in subparagraph (G)(ii) shall be 
                implemented.
            (3) <<NOTE: Website.>>  Availability of orders, directives, 
        and instructions.--The regulations prescribed under subsection 
        (a) shall include mechanisms to ensure the provision and 
        availability of the orders, directives, and instructions 
        referred to in paragraph (2)(G)(i) to contractors referred to in 
        that paragraph, including through the maintenance of a single 
        location (including an Internet website, to the extent 
        consistent with security considerations) at or through which 
        such contractors may access such orders, directives, and 
        instructions.

    (b) Contract Clause on Contractors Performing Private Security 
Functions.--

[[Page 122 STAT. 256]]

            (1) <<NOTE: Deadline.>>  Requirement under far.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Federal Acquisition Regulation issued in accordance with section 
        25 of the Office of Federal Procurement Policy Act (41 U.S.C. 
        421) shall be revised to require the insertion into each covered 
        contract (or, in the case of a task order, the contract under 
        which the task order is issued) of a contract clause addressing 
        the selection, training, equipping, and conduct of personnel 
        performing private security functions under such contract.
            (2) Clause requirement.--The contract clause required by 
        paragraph (1) shall require, at a minimum, that the contractor 
        concerned shall--
                    (A) comply with regulations prescribed under 
                subsection (a), including any revisions or updates to 
                such regulations, and follow the procedures established 
                in such regulations for--
                          (i) registering, processing, accounting for, 
                      and keeping appropriate records of personnel 
                      performing private security functions in an area 
                      of combat operations;
                          (ii) authorizing and accounting of weapons to 
                      be carried by, or available to be used by, 
                      personnel performing private security functions in 
                      an area of combat operations;
                          (iii) registration and identification of 
                      armored vehicles, helicopters, and other military 
                      vehicles operated by contractors and 
                      subcontractors performing private security 
                      functions in an area of combat operations; and
                          (iv) the reporting of incidents in which--
                                    (I) a weapon is discharged by 
                                personnel performing private security 
                                functions in an area of combat 
                                operations;
                                    (II) personnel performing private 
                                security functions in an area of combat 
                                operations are killed or injured; or
                                    (III) persons are killed or injured, 
                                or property is destroyed, as a result of 
                                conduct by contractor personnel;
                    (B) ensure that all personnel performing private 
                security functions under such contract are briefed on 
                and understand their obligation to comply with--
                          (i) qualification, training, screening 
                      (including, if practicable, through background 
                      checks), and security requirements established by 
                      the Secretary of Defense for personnel performing 
                      private security functions in an area of combat 
                      operations;
                          (ii) applicable laws and regulations of the 
                      United States and the host country, and applicable 
                      treaties and international agreements, regarding 
                      the performance of the functions of the 
                      contractor;
                          (iii) orders, directives, and instructions 
                      issued by the applicable commander of a combatant 
                      command relating to equipment, force protection, 
                      security, health, safety, or relations and 
                      interaction with locals; and

[[Page 122 STAT. 257]]

                          (iv) rules on the use of force issued by the 
                      applicable commander of a combatant command for 
                      personnel performing private security functions in 
                      an area of combat operations; and
                    (C) cooperate with any investigation conducted by 
                the Department of Defense pursuant to subsection 
                (a)(2)(E) by providing access to employees of the 
                contractor and relevant information in the possession of 
                the contractor regarding the incident concerned.
            (3) Noncompliance of personnel with clause.--The contracting 
        officer for a covered contract may direct the contractor, at its 
        own expense, to remove or replace any personnel performing 
        private security functions in an area of combat operations who 
        violate or fail to comply with applicable requirements of the 
        clause required by this subsection. If the violation or failure 
        to comply is a gross violation or failure or is repeated, the 
        contract may be terminated for default.
            (4) Applicability.--The contract clause required by this 
        subsection shall be included in all covered contracts awarded on 
        or after the date that is 180 days after the date of the 
        enactment of this Act. Federal agencies shall make best efforts 
        to provide for the inclusion of the contract clause required by 
        this subsection in covered contracts awarded before such date.
            (5) Inspector general report on pilot program on imposition 
        of fines for noncompliance of personnel with clause.--Not later 
        than March 30, 2008, the Inspector General of the Department of 
        Defense shall submit to Congress a report assessing the 
        feasibility and advisability of carrying out a pilot program for 
        the imposition of fines on contractors for personnel who violate 
        or fail to comply with applicable requirements of the clause 
        required by this section as a mechanism for enhancing the 
        compliance of such personnel with the clause. The report shall 
        include--
                    (A) an assessment of the feasibility and 
                advisability of carrying out the pilot program; and
                    (B) if the Inspector General determines that 
                carrying out the pilot program is feasible and 
                advisable--
                          (i) recommendations on the range of contracts 
                      and subcontracts to which the pilot program should 
                      apply; and
                          (ii) a schedule of fines to be imposed under 
                      the pilot program for various types of personnel 
                      actions or failures.

    (c) Areas of Combat Operations.--
            (1) <<NOTE: Deadline.>>  Designation.--The Secretary of 
        Defense shall designate the areas constituting an area of combat 
        operations for purposes of this section by not later than 120 
        days after the date of the enactment of this Act.
            (2) Particular areas.--Iraq and Afghanistan shall be 
        included in the areas designated as an area of combat operations 
        under paragraph (1).
            (3) Additional areas.--The Secretary may designate any 
        additional area as an area constituting an area of combat 
        operations for purposes of this section if the Secretary 
        determines that the presence or potential of combat operations 
        in

[[Page 122 STAT. 258]]

        such area warrants designation of such area as an area of combat 
        operations for purposes of this section.
            (4) Modification or elimination of designation.--The 
        Secretary may modify or cease the designation of an area under 
        this subsection as an area of combat operations if the Secretary 
        determines that combat operations are no longer ongoing in such 
        area.

    (d) Exception.--The requirements of this section shall not apply to 
contracts entered into by elements of the intelligence community in 
support of intelligence activities.

SEC. 863. <<NOTE: 10 USC 2302 note.>>  COMPTROLLER GENERAL REVIEWS AND 
            REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN.

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

    (b) Access to Databases on Contracts.--The Secretary of Defense and 
the Secretary of State shall provide full access to the databases 
described in section 861(b)(4) to the Comptroller General for purposes 
of the reviews carried out under this section.

SEC. 864. <<NOTE: 10 USC 2302 note.>>  DEFINITIONS AND OTHER GENERAL 
            PROVISIONS.

    (a) Definitions.--In this subtitle:
            (1) Matters relating to contracting.--The term ``matters 
        relating to contracting'', with respect to contracts in Iraq and 
        Afghanistan, means all matters relating to awarding, funding, 
        managing, tracking, monitoring, and providing oversight to 
        contracts and contractor personnel.
            (2) Contract in iraq or afghanistan.--The term ``contract in 
        Iraq or Afghanistan'' means a contract with the Department of 
        Defense, the Department of State, or the United States Agency 
        for International Development, a subcontract at any

[[Page 122 STAT. 259]]

        tier issued under such a contract, or a task order or delivery 
        order at any tier issued under such a contract (including a 
        contract, subcontract, or task order or delivery order issued by 
        another Government agency for the Department of Defense, the 
        Department of State, or the United States Agency for 
        International Development), if the contract, subcontract, or 
        task order or delivery order involves worked performed in Iraq 
        or Afghanistan for a period longer than 14 days.
            (3) Covered contract.--The term ``covered contract'' means--
                    (A) a contract of a Federal agency for the 
                performance of services in an area of combat operations, 
                as designated by the Secretary of Defense under 
                subsection (c) of section 862;
                    (B) a subcontract at any tier under such a contract; 
                or
                    (C) a task order or delivery order issued under such 
                a contract or subcontract.
            (4) Contractor.--The term ``contractor'', with respect to a 
        covered contract, means the contractor or subcontractor carrying 
        out the covered contract.
            (5) Private security functions.--The term ``private security 
        functions'' means activities engaged in by a contractor under a 
        covered contract as follows:
                    (A) Guarding of personnel, facilities, or property 
                of a Federal agency, the contractor or subcontractor, or 
                a third party.
                    (B) Any other activity for which personnel are 
                required to carry weapons in the performance of their 
                duties.
            (6) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means each of the following committees:
                    (A) The Committees on Armed Services of the Senate 
                and the House of Representatives.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Oversight and Government Reform of the House of 
                Representatives.
                    (C) The Committee on Foreign Relations of the Senate 
                and the Committee on Foreign Affairs of the House of 
                Representatives.
                    (D) For purposes of contracts relating to the 
                National Foreign Intelligence Program, the Select 
                Committee on Intelligence of the Senate and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.

    (b) Classified Information.--Nothing in this subtitle shall be 
interpreted to require the handling of classified information or 
information relating to intelligence sources and methods in a manner 
inconsistent with any law, regulation, executive order, or rule of the 
House of Representatives or of the Senate relating to the handling or 
protection of such information.

[[Page 122 STAT. 260]]

              Subtitle G--Defense Materiel Readiness Board

SEC. 871. <<NOTE: 10 USC 117 note.>>  ESTABLISHMENT OF DEFENSE MATERIEL 
            READINESS BOARD.

    (a) <<NOTE: Deadline.>>  Establishment.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary of Defense 
shall establish a Defense Materiel Readiness Board (in this subtitle 
referred to as the ``Board'') within the Office of the Secretary of 
Defense.

    (b) Membership.--The Secretary shall appoint the chairman and the 
members of the Board from among officers of the Armed Forces with 
expertise in matters relevant to the function of the Board to assess 
materiel readiness and evaluate plans and policies relating to materiel 
readiness. At a minimum, the Board shall include representatives of the 
Joint Chiefs of Staff, each of the Armed Forces, and each of the reserve 
components of the Armed Forces.
    (c) Staff.--The Secretary of Defense shall assign staff, and request 
the Secretaries of the military departments to assign staff, as 
necessary to assist the Board in carrying out its duties.
    (d) Functions.--The Board shall provide independent assessments of 
materiel readiness, materiel readiness shortfalls, and materiel 
readiness plans to the Secretary of Defense and the Congress. To carry 
out such functions, the Board shall--
            (1) monitor and assess the materiel readiness of the Armed 
        Forces;
            (2) assist the Secretary of Defense in the identification of 
        deficiencies in the materiel readiness of the Armed Forces 
        caused by shortfalls in weapons systems, equipment, and 
        supplies;
            (3) identify shortfalls in materiel readiness, including 
        critical materiel readiness shortfalls, for purposes of the 
        Secretary's designations under section 872 and the funding 
        needed to address such shortfalls;
            (4) assess the adequacy of current Department of Defense 
        plans, policies, and programs to address shortfalls in materiel 
        readiness, including critical materiel readiness shortfalls (as 
        designated by the Secretary under section 872), and to sustain 
        and improve materiel readiness;
            (5) assist the Secretary of Defense in determining whether 
        the industrial capacity of the Department of Defense and of the 
        defense industrial base is being best utilized to support the 
        materiel readiness needs of the Armed Forces;
            (6) review and assess Department of Defense systems for 
        measuring the status of current materiel readiness of the Armed 
        Forces; and
            (7) make recommendations with respect to materiel readiness 
        funding, measurement techniques, plans, policies, and programs.

    (e) Reports.--The Board shall submit to the Secretary of Defense a 
report summarizing its findings and recommendations not less than once 
every six months. Within 30 days after receiving a report from the 
Board, the Secretary shall forward the report in its entirety, together 
with his comments, to the congressional defense committees. The report 
shall be submitted in unclassified

[[Page 122 STAT. 261]]

form. To the extent necessary, the report may be accompanied by a 
classified annex.

SEC. 872. <<NOTE: 10 USC 117 note.>>  CRITICAL MATERIEL READINESS 
            SHORTFALLS.

     (a) Designation of Critical Materiel Readiness Shortfalls.--
            (1) Designation.--The Secretary of Defense may designate any 
        requirement of the Armed Forces for equipment or supplies as a 
        critical materiel readiness shortfall if there is a shortfall in 
        the required equipment or supplies that materially reduces 
        readiness of the Armed Forces and that--
                    (A) cannot be adequately addressed by identifying 
                acceptable substitute capabilities or cross leveling of 
                equipment that does not unacceptably reduce the 
                readiness of other Armed Forces; and
                    (B) that is likely to persist for more than two 
                years based on currently projected budgets and schedules 
                for deliveries of equipment and supplies.
            (2) Consideration of board findings and recommendations.--In 
        making any such designation, the Secretary shall take into 
        consideration the findings and recommendations of the Defense 
        Materiel Readiness Board.

    (b) Measures to Address Critical Materiel Readiness Shortfalls.--The 
Secretary of Defense shall ensure that critical materiel readiness 
shortfalls designated pursuant to subsection (a)(1) are transmitted to 
the relevant officials of the Department of Defense responsible for 
requirements, budgets, and acquisition, and that such officials 
prioritize and address such shortfalls in the shortest time frame 
practicable.
    (c) Transfer Authority.--
            (1) In general.--The amounts of authorizations that the 
        Secretary may transfer under the authority of section 1001 of 
        this Act is hereby increased by $2,000,000,000.
            (2) Limitations.--The additional transfer authority provided 
        by this section--
                    (A) may be made only from authorizations to the 
                Department of Defense for fiscal year 2008;
                    (B) may be exercised solely for the purpose of 
                addressing critical materiel readiness shortfalls as 
                designated by the Secretary of Defense under subsection 
                (a); and
                    (C) is subject to the same terms, conditions, and 
                procedures as other transfer authority under section 
                1001 of this Act.

    (d) Strategic Readiness Fund.--
            (1) Establishment.--There is established on the books of the 
        Treasury a fund to be known as the Department of Defense 
        Strategic Readiness Fund (in this subsection referred to as the 
        ``Fund''), which shall be administered by the Secretary of the 
        Treasury.
            (2) Purposes.--The Fund shall be used to address critical 
        materiel readiness shortfalls as designated by the Secretary of 
        Defense under subsection (a).
            (3) Assets of fund.--There shall be deposited into the Fund 
        any amount appropriated to the Fund, which shall constitute the 
        assets of the Fund.

[[Page 122 STAT. 262]]

            (4) Limitation.--The procurement unit cost (as defined in 
        section 2432(a) of title 10, United States Code) of any item 
        purchased using assets of the Fund, whether such assets are in 
        the Fund or after such assets have been transferred from the 
        Fund using the authority provided in subsection (c), shall not 
        exceed $30,000,000.

    (e) Multiyear Contract Notification.--
            (1) <<NOTE: Deadline.>>  Notification.--If the Secretary of 
        a military department makes the determination described in 
        paragraph (2) with respect to the use of a multiyear contract, 
        the Secretary shall notify the congressional defense committees 
        within 30 days of the determination and provide a detailed 
        description of the proposed multiyear contract.
            (2) Determination.--The determination referred to in 
        paragraph (1) is a determination by the Secretary of a military 
        department that the use of a multiyear contract to procure an 
        item to address a critical materiel readiness shortfall--
                    (A) will significantly accelerate efforts to address 
                a critical materiel readiness shortfall;
                    (B) will provide savings compared to the total 
                anticipated costs of carrying out the contract through 
                annual contracts; and
                    (C) will serve the interest of national security.

    (f) Definition.--In this section, the term ``critical materiel 
readiness shortfall'' means a critical materiel readiness shortfall 
designated by the Secretary of Defense under this section.

                        Subtitle H--Other Matters

SEC. 881. <<NOTE: 10 USC 2225 note.>>  CLEARINGHOUSE FOR RAPID 
            IDENTIFICATION AND DISSEMINATION OF COMMERCIAL INFORMATION 
            TECHNOLOGIES.

    (a) <<NOTE: Deadline.>>  Requirement to Establish Clearinghouse.--
Not later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense, acting through the Assistant Secretary of Defense 
for Networks and Information Integration, shall establish a 
clearinghouse for identifying, assessing, and disseminating knowledge 
about readily available information technologies (with an emphasis on 
commercial off-the-shelf information technologies) that could support 
the warfighting mission of the Department of Defense.

    (b) Responsibilities.--The clearinghouse established pursuant to 
subsection (a) shall be responsible for the following:
            (1) Developing a process to rapidly assess and set 
        priorities and needs for significant information technology 
        needs of the Department of Defense that could be met by 
        commercial technologies, including a process for--
                    (A) aligning priorities and needs with the 
                requirements of the commanders of the combatant command; 
                and
                    (B) proposing recommendations to the commanders of 
                the combatant command of feasible technical solutions 
                for further evaluation.
            (2) Identifying and assessing emerging commercial 
        technologies (including commercial off-the-shelf technologies) 
        that could support the warfighting mission of the Department of 
        Defense, including the priorities and needs identified pursuant 
        to paragraph (1).

[[Page 122 STAT. 263]]

            (3) Disseminating information about commercial technologies 
        identified pursuant to paragraph (2) to commanders of combatant 
        commands and other potential users of such technologies.
            (4) Identifying gaps in commercial technologies and working 
        to stimulate investment in research and development in the 
        public and private sectors to address those gaps.
            (5) Enhancing internal data and communications systems of 
        the Department of Defense for sharing and retaining information 
        regarding commercial technology priorities and needs, 
        technologies available to meet such priorities and needs, and 
        ongoing research and development directed toward gaps in such 
        technologies.
            (6) Developing mechanisms, including web-based mechanisms, 
        to facilitate communications with industry regarding the 
        priorities and needs of the Department of Defense identified 
        pursuant to paragraph (1) and commercial technologies available 
        to address such priorities and needs.
            (7) Assisting in the development of guides to help small 
        information technology companies with promising technologies to 
        understand and navigate the funding and acquisition processes of 
        the Department of Defense.
            (8) Developing methods to measure how well processes 
        developed by the clearinghouse are being utilized and to collect 
        data on an ongoing basis to assess the benefits of commercial 
        technologies that are procured on the recommendation of the 
        clearinghouse.

    (c) Personnel.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Networks and Information Integration, 
shall provide for the hiring and support of employees (including 
detailees from other components of the Department of Defense and from 
other Federal departments or agencies) to assist in identifying, 
assessing, and disseminating information regarding commercial 
technologies under this section.
    (d) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the implementation of this 
section.

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

    (a) Authority to License Certain Items.--Section 2260 of title 10, 
United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Licenses for Qualifying Companies.--(1) The Secretary 
concerned may license trademarks, service marks, certification marks, 
and collective marks owned or controlled by the Secretary relating to 
military designations and likenesses of military weapons systems to any 
qualifying company upon receipt of a request from the company.
    ``(2) For purposes of paragraph (1), a qualifying company is any 
United States company that--
            ``(A) is a toy or hobby manufacturer; and

[[Page 122 STAT. 264]]

            ``(B) is determined by the Secretary concerned to be 
        qualified in accordance with such criteria as determined 
        appropriate by the Secretary of Defense.

    ``(3) The fee for a license under this subsection shall not exceed 
by more than a nominal amount the amount needed to recover all costs of 
the Department of Defense in processing the request for the license and 
supplying the license.
    ``(4) A license to a qualifying company under this subsection shall 
provide that the license may not be transferred, sold, or relicensed by 
the qualifying company.
    ``(5) A license under this subsection shall not be an exclusive 
license.''.
    (b) <<NOTE: Regulations. Deadline. 10 USC 2260 note.>>  Effective 
Date.--The Secretary of Defense shall prescribe regulations to implement 
the amendment made by this section not later than 180 days after the 
date of the enactment of this Act.

SEC. 883. <<NOTE: 10 USC 2302 note.>>  MODIFICATIONS TO LIMITATION ON 
            CONTRACTS TO ACQUIRE MILITARY FLIGHT SIMULATOR.

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

    (b) Change in Grounds for Waiver.--Section 832(c)(1) of such Act, as 
redesignated by subsection (a), is amend by striking ``necessary for 
national security purposes'' and inserting ``in the national interest''.

SEC. 884. <<NOTE: 10 USC 2533b note.>>  REQUIREMENTS RELATING TO WAIVERS 
            OF CERTAIN DOMESTIC SOURCE LIMITATIONS RELATING TO SPECIALTY 
            METALS.

    (a) Notice Requirement.--At least 30 days prior to making a domestic 
nonavailability determination pursuant to section 2533b(b) of title 10, 
United States Code, that would apply to more than one contract of the 
Department of Defense, the Secretary of Defense shall, to the maximum 
extent practicable and in a

[[Page 122 STAT. 265]]

manner consistent with the protection of national security information 
and confidential business information--
            (1) <<NOTE: Website.>>  publish a notice on the website 
        maintained by the General Services Administration known as 
        FedBizOpps.gov (or any successor site) of the Secretary's intent 
        to make the domestic nonavailability determination; and
            (2) solicit information relevant to such notice from 
        interested parties, including producers of specialty metal mill 
        products.

    (b) Determination.--(1) The Secretary shall take into consideration 
all information submitted pursuant to subsection (a) in making a 
domestic nonavailability determination pursuant to section 2533b(b) of 
title 10, United States Code, that would apply to more than one contract 
of the Department of Defense, and may also consider other relevant 
information that cannot be made part of the public record consistent 
with the protection of national security information and confidential 
business information.
    (2) <<NOTE: Public information.>>  The Secretary shall ensure that 
any such determination and the rationale for such determination is made 
publicly available to the maximum extent consistent with the protection 
of national security information and confidential business information.

SEC. 885. <<NOTE: 10 USC 2304 note.>>  TELEPHONE SERVICES FOR MILITARY 
            PERSONNEL SERVING IN COMBAT ZONES.

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

    (b) <<NOTE: Applicability.>>  Effective Date.--
            (1) Requirement.--Subsection (a)(1) shall apply to any new 
        contract to provide morale, welfare, and recreation telephone 
        services for military personnel serving in combat zones that is 
        entered into after the date of the enactment of this Act.
            (2) Review and determination.--Subsection (a)(2) shall apply 
        to any new contract or extension to an existing contract to 
        provide morale, welfare, and recreation telephone services for 
        military personnel serving in combat zones that is entered into 
        or agreed upon after the date of the enactment of this Act.

[[Page 122 STAT. 266]]

SEC. 886. <<NOTE: 10 USC 2302 note.>>  ENHANCED AUTHORITY TO ACQUIRE 
            PRODUCTS AND SERVICES PRODUCED IN IRAQ AND AFGHANISTAN.

    (a) In General.--In the case of a product or service to be acquired 
in support of military operations or stability operations in Iraq or 
Afghanistan (including security, transition, reconstruction, and 
humanitarian relief activities) for which the Secretary of Defense makes 
a determination described in subsection (b), the Secretary may conduct a 
procurement in which--
            (1) competition is limited to products or services that are 
        from Iraq or Afghanistan;
            (2) procedures other than competitive procedures are used to 
        award a contract to a particular source or sources from Iraq or 
        Afghanistan; or
            (3) a preference is provided for products or services that 
        are from Iraq or Afghanistan.

    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used only by 
        the military forces, police, or other security personnel of Iraq 
        or Afghanistan; or
            (2) it is in the national security interest of the United 
        States to limit competition, use procedures other than 
        competitive procedures, or provide a preference as described in 
        subsection (a) because--
                    (A) such limitation, procedure, or preference is 
                necessary to provide a stable source of jobs in Iraq or 
                Afghanistan; and
                    (B) such limitation, procedure, or preference will 
                not adversely affect--
                          (i) military operations or stability 
                      operations in Iraq or Afghanistan; or
                          (ii) the United States industrial base.

    (c) Products, Services, and Sources From Iraq or Afghanistan.--For 
the purposes of this section:
            (1) A product is from Iraq or Afghanistan if it is mined, 
        produced, or manufactured in Iraq or Afghanistan.
            (2) A service is from Iraq or Afghanistan if it is performed 
        in Iraq or Afghanistan by citizens or permanent resident aliens 
        of Iraq or Afghanistan.
            (3) A source is from Iraq or Afghanistan if it--
                    (A) is located in Iraq or Afghanistan; and
                    (B) offers products or services that are from Iraq 
                or Afghanistan.

SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE POLICIES 
            AND PROCEDURES FOR THE ACQUISITION OF INFORMATION 
            TECHNOLOGY.

    (a) <<NOTE: Deadline.>>  Review Required.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall direct the Defense Science Board to carry out a review of 
Department of Defense policies and procedures for the acquisition of 
information technology.

    (b) Matters To Be Addressed.--The matters addressed by the review 
required by subsection (a) shall include the following:
            (1) Department of Defense policies and procedures for 
        acquiring national security systems, business information 
        systems, and other information technology.

[[Page 122 STAT. 267]]

            (2) The roles and responsibilities in implementing such 
        policies and procedures of--
                    (A) the Under Secretary of Defense for Acquisition, 
                Technology, and Logistics;
                    (B) the Chief Information Officer of the Department 
                of Defense;
                    (C) the Director of the Business Transformation 
                Agency;
                    (D) the service acquisition executives;
                    (E) the chief information officers of the military 
                departments;
                    (F) Defense Agency acquisition officials;
                    (G) the information officers of the Defense 
                Agencies; and
                    (H) the Director of Operational Test and Evaluation 
                and the heads of the operational test organizations of 
                the military departments and the Defense Agencies.
            (3) The application of such policies and procedures to 
        information technologies that are an integral part of weapons or 
        weapon systems.
            (4) The requirements of subtitle III of title 40, United 
        States Code, and chapter 35 of title 44, United States Code, 
        regarding performance-based and results-based management, 
        capital planning, and investment control in the acquisition of 
        information technology.
            (5) Department of Defense policies and procedures for 
        maximizing the usage of commercial information technology while 
        ensuring the security of the microelectronics, software, and 
        networks of the Department.
            (6) The suitability of Department of Defense acquisition 
        regulations, including Department of Defense Directive 5000.1 
        and the accompanying milestones, to the acquisition of 
        information technology systems.
            (7) The adequacy and transparency of metrics used by the 
        Department of Defense for the acquisition of information 
        technology systems.
            (8) The effectiveness of existing statutory and regulatory 
        reporting requirements for the acquisition of information 
        technology systems.
            (9) The adequacy of operational and development test 
        resources (including infrastructure and personnel), policies, 
        and procedures to ensure appropriate testing of information 
        technology systems both during development and before 
        operational use.
            (10) The appropriate policies and procedures for technology 
        assessment, development, and operational testing for purposes of 
        the adoption of commercial technologies into information 
        technology systems.

    (c) Report Required.--Not later than one year after the date of 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report on the results of the review required by 
subsection (a). The report shall include the findings and 
recommendations of the Defense Science Board pursuant to the review, 
including such recommendations for legislative or administrative action 
as the Board considers appropriate, together with any comments the 
Secretary considers appropriate.

[[Page 122 STAT. 268]]

SEC. 888. GREEN PROCUREMENT POLICY.

    (a) Sense of Congress.--It is the sense of Congress that the 
Department of Defense should establish a system to document and track 
the use of environmentally preferable products and services.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress a report 
on a plan to increase the usage of environmentally friendly products 
that minimize potential impacts to human health and the environment at 
all Department of Defense facilities inside and outside the United 
States, including through the direct purchase of products and the 
purchase of products by facility maintenance contractors. The report 
shall also cover consideration of the budgetary impact of implementation 
of the plan.

SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE 
            DEFENSE PRODUCTION ACT OF 1950.

    (a) Thorough Review Required.--The Comptroller General of the United 
States (in this section referred to as the ``Comptroller'') shall 
conduct a thorough review of the application of the Defense Production 
Act of 1950, covering the period beginning on the date of the enactment 
of the Defense Production Act Reauthorization of 2003 (Public Law 108-
195) and ending on the date of the enactment of this Act.
    (b) Considerations.--In conducting the review required by this 
section, the Comptroller shall examine--
            (1) the relevance and utility of the authorities provided 
        under the Defense Production Act of 1950 to meet the security 
        challenges of the 21st Century;
            (2) the manner in which the authorities provided under such 
        Act have been used by the Federal Government--
                    (A) to meet security challenges;
                    (B) to meet current and future defense requirements;
                    (C) to meet current and future energy requirements;
                    (D) to meet current and future domestic emergency 
                and disaster response and recovery requirements;
                    (E) to reduce the interruption of critical 
                infrastructure operations during a terrorist attack, 
                natural catastrophe, or other similar national 
                emergency; and
                    (F) to safeguard critical components of the United 
                States industrial base, including American aerospace and 
                shipbuilding industries;
            (3) the economic impact of foreign offset contracts;
            (4) the relative merit of developing rapid and standardized 
        systems for use of the authorities provided under the Defense 
        Production Act of 1950, by any Federal agency; and
            (5) such other issues as the Comptroller determines 
        relevant.

    (c) Report to Congress.--Not later than 150 days after the date of 
the enactment of this Act, the Comptroller shall submit to the 
Committees on Armed Services and on Banking, Housing, and Urban Affairs 
of the Senate and the Committees on Armed Services and on Financial 
Services of the House of Representatives a report on the review 
conducted under this section.
    (d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--

[[Page 122 STAT. 269]]

            (1) the provisions of section 705(d) of the Defense 
        Production Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply 
        to information sought or obtained by the Comptroller for 
        purposes of the review required by this section; and
            (2) provisions of law pertaining to the protection of 
        classified information or proprietary information otherwise 
        applicable to information sought or obtained by the Comptroller 
        in carrying out this section shall not be affected by any 
        provision of this section.

SEC. 890. <<NOTE: 10 USC 2302 note. Deadline. Regulations.>>  PREVENTION 
            OF EXPORT CONTROL VIOLATIONS.

    (a) Prevention of Export Control Violations.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall prescribe regulations requiring any contractor under a 
contract with the Department of Defense to provide goods or technology 
that is subject to export controls under the Arms Export Control Act or 
the Export Administration of 1979 (as continued in effect under the 
International Emergency Economic Powers Act) to comply with those Acts 
and applicable regulations with respect to such goods and technology, 
including the International Traffic in Arms Regulations and the Export 
Administration Regulations. Regulations prescribed under this subsection 
shall include a contract clause enforcing such requirement.
    (b) <<NOTE: Contracts.>>  Training on Export Controls.--The 
Secretary of Defense shall ensure that any contractor under a contract 
with the Department of Defense to provide goods or technology that is 
subject to export controls under the Arms Export Control Act or the 
Export Administration of 1979 (as continued in effect under the 
International Emergency Economic Powers Act) is made aware of any 
relevant resources made available by the Department of State and the 
Department of Commerce to assist in compliance with the requirement 
established by subsection (a) and the need for a corporate compliance 
plan and periodic internal audits of corporate performance under such 
plan.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives a report assessing the utility of--
            (1) requiring defense contractors (or subcontractors at any 
        tier) to periodically report on measures taken to ensure 
        compliance with the International Traffic in Arms Regulations 
        and the Export Administration Regulations;
            (2) requiring periodic audits of defense contractors (or 
        subcontractors at any tier) to ensure compliance with all 
        provisions of the International Traffic in Arms Regulations and 
        the Export Administration Regulations;
            (3) requiring defense contractors to maintain a corporate 
        training plan to disseminate information to appropriate 
        contractor personnel regarding the applicability of the Arms 
        Export Control Act and the Export Administration Act of 1979; 
        and
            (4) requiring a designated corporate liaison, available for 
        training provided by the United States Government, whose primary 
        responsibility would be contractor compliance with the Arms 
        Export Control Act and the Export Administration Act of 1979.

    (d) Definitions.--In this section:

[[Page 122 STAT. 270]]

            (1) Export administration regulations.--The term ``Export 
        Administration Regulations'' means those regulations contained 
        in sections 730 through 774 of title 15, Code of Federal 
        Regulations (or successor regulations).
            (2) International traffic in arms regulations.--The term 
        ``International Traffic in Arms Regulations'' means those 
        regulations contained in sections 120 through 130 of title 22, 
        Code of Federal Regulations (or successor regulations).

SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND 
            ALASKA NATIVE-SERVING INSTITUTIONS.

    Section 2323 of title 10, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) Native Hawaiian-serving institutions and 
                Alaska Native-serving institutions (as defined in 
                section 317 of the Higher Education Act of 1965).'';
            (2) in subsection (a)(2), by inserting after ``Hispanic-
        serving institutions,'' the following: ``Native Hawaiian-serving 
        institutions and Alaska Native-serving institutions,'';
            (3) in subsection (c)(1), by inserting after ``Hispanic-
        serving institutions,'' the following: ``Native Hawaiian-serving 
        institutions and Alaska Native-serving institutions,''; and
            (4) in subsection (c)(3), by inserting after ``Hispanic-
        serving institutions,'' the following: ``to Native Hawaiian-
        serving institutions and Alaska Native-serving institutions,''.

SEC. 892. <<NOTE: 10 USC 2304 note.>>  COMPETITION FOR PROCUREMENT OF 
            SMALL ARMS SUPPLIED TO IRAQ AND AFGHANISTAN.

    (a) Competition Requirement.--For the procurement of pistols and 
other weapons described in subsection (b), the Secretary of Defense 
shall ensure, consistent with the provisions of section 2304 of title 
10, United States Code, that--
            (1) full and open competition is obtained to the maximum 
        extent practicable;
            (2) no responsible United States manufacturer is excluded 
        from competing for such procurements; and
            (3) products manufactured in the United States are not 
        excluded from the competition.

    (b) <<NOTE: Applicability.>>  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.

[[Page 122 STAT. 271]]

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                 Subtitle E--Roles and Missions Analysis

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

                        Subtitle F--Other Matters

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

[[Page 122 STAT. 272]]

              Subtitle A--Department of Defense Management

SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE 
            HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED REPORT.

    (a) Repeal of Limitation.--
            (1) Repeal.--Section 130a of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title is amended by striking the 
        item relating to section 130a.

    (b) <<NOTE: 10 USC 221 note.>>  Report Required.--The Secretary of 
Defense shall include a report with the defense budget materials for 
each fiscal year that includes the following information:
            (1) The average number of military personnel and civilian 
        employees of the Department of Defense assigned to major 
        Department of Defense headquarters activities for each component 
        of the Department of Defense during the preceding fiscal year.
            (2) The total increase in personnel assigned to major 
        headquarters activities, if any, during the preceding fiscal 
        year--
                    (A) attributable to the replacement of contract 
                personnel with military personnel or civilian employees 
                of the Department of Defense, including the number of 
                positions associated with the replacement of contract 
                personnel performing inherently governmental functions; 
                and
                    (B) attributable to reasons other than the 
                replacement of contract personnel with military 
                personnel or civilian employees of the Department, such 
                as workload or operational demand increases.
            (3) An estimate of the cost savings, if any, associated with 
        the elimination of contracts for the performance of major 
        headquarters activities.
            (4) The number of military personnel and civilian employees 
        of the Department of Defense assigned to major headquarters 
        activities for each component of the Department of Defense as of 
        October 1 of the preceding fiscal year.

    (c) Definitions.--In this section:
            (1) Defense budget materials.--The term ``defense budget 
        materials'', with respect to a fiscal year, means the materials 
        submitted to Congress by the Secretary of Defense in support of 
        the budget for that fiscal year that is submitted to Congress by 
        the President under section 1105 of title 31, United States 
        Code.
            (2) Contract personnel.--The term ``contract personnel'' 
        means persons hired under a contract with the Department of 
        Defense for the performance of major Department of Defense 
        headquarters activities.

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

    (a) Army.--Section 3035(b) of title 10, United States Code, is 
amended to read as follows:

[[Page 122 STAT. 273]]

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

    (c) Air Force.--Section 8035(b) of title 10, United States Code, is 
amended to read as follows:
    ``(b) The Secretary of the Air Force shall prescribe the number of 
Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not 
more than eight positions.''.

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

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

SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.

    (a) Assignment of Management Duties and Designation of a Chief 
Management Officer and Deputy Chief Management Officer of the Department 
of Defense.--
            (1) Establishment of position.--Section 132 of title 10, 
        United States Code is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection (c):

    ``(c) <<NOTE: President.>>  The Deputy Secretary serves as the Chief 
Management Officer of the Department of Defense. The Deputy Secretary 
shall be assisted in this capacity by a Deputy Chief Management Officer, 
who shall be appointed from civilian life by the President, by and with 
the advice and consent of the Senate.''.
            (2) <<NOTE: 10 USC 132 note.>>  Assignment of duties.--

[[Page 122 STAT. 274]]

                    (A) The Secretary of Defense shall assign duties and 
                authorities relating to the management of the business 
                operations of the Department of Defense.
                    (B) The Secretary shall assign such duties and 
                authorities to the Chief Management Officer as are 
                necessary for that official to effectively and 
                efficiently organize the business operations of the 
                Department of Defense.
                    (C) The Secretary shall assign such duties and 
                authorities to the Deputy Chief Management Officer as 
                are necessary for that official to assist the Chief 
                Management Officer to effectively and efficiently 
                organize the business operations of the Department of 
                Defense.
                    (D) The Deputy Chief Management Officer shall 
                perform the duties and have the authorities assigned by 
                the Secretary under subparagraph (C) and perform such 
                duties and have such authorities as are delegated by the 
                Chief Management Officer.
            (3) Executive schedule level iii.--Section 5314 of title 5, 
        United States Code, is amended by inserting after the item 
        relating to the Under Secretary of Defense for Intelligence the 
        following new item:

            ``Deputy Chief Management Officer of the Department of 
        Defense.''.
            (4) Placement in osd.--Section 131(b)(2) of title 10, United 
        States Code, is amended--
                    (A) by redesignating paragraphs (3) through (8) as 
                paragraphs (4) through (9), respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):
            ``(3) The Deputy Chief Management Officer of the Department 
        of Defense.''.

    (b) <<NOTE: 10 USC 132 note.>>  Assignment of Management Duties and 
Designation of the Chief Management Officers of the Military 
Departments.--
            (1) The Secretary of a military department shall assign 
        duties and authorities relating to the management of the 
        business operations of such military department.
            (2) The Secretary of a military department, in assigning 
        duties and authorities under paragraph (1) shall designate the 
        Under Secretary of such military department to have the primary 
        management responsibility for business operations, to be known 
        in the performance of such duties as the Chief Management 
        Officer.
            (3) The Secretary shall assign such duties and authorities 
        to the Chief Management Officer as are necessary for that 
        official to effectively and efficiently organize the business 
        operations of the military department concerned.
            (4) The Chief Management Officer of each military department 
        shall promptly provide such information relating to the business 
        operations of such department to the Chief Management Officer 
        and Deputy Chief Management Officer of the Department of Defense 
        as is necessary to assist those officials in the performance of 
        their duties.

    (c) Management of Defense Business Transformation Agency.--Section 
192(e)(2) of title 10, United States Code, is amended by striking ``that 
the Agency'' and all that follows and inserting ``that the Director of 
the Agency shall report directly

[[Page 122 STAT. 275]]

to the Deputy Chief Management Officer of the Department of Defense.''.
    (d) <<NOTE: 10 USC note prec. 2201.>>  Strategic Management Plan 
Required.--
            (1) Requirement.--The Secretary of Defense, acting through 
        the Chief Management Officer of the Department of Defense, shall 
        develop a strategic management plan for the Department of 
        Defense.
            (2) Matters covered.--Such plan shall include, at a minimum, 
        detailed descriptions of--
                    (A) performance goals and measures for improving and 
                evaluating the overall efficiency and effectiveness of 
                the business operations of the Department of Defense and 
                achieving an integrated management system for business 
                support areas within the Department of Defense;
                    (B) key initiatives to be undertaken by the 
                Department of Defense to achieve the performance goals 
                under subparagraph (A), together with related resource 
                needs;
                    (C) procedures to monitor the progress of the 
                Department of Defense in meeting performance goals and 
                measures under subparagraph (A);
                    (D) procedures to review and approve plans and 
                budgets for changes in business operations, including 
                any proposed changes to policies, procedures, processes, 
                and systems, to ensure the compatibility of such plans 
                and budgets with the strategic management plan of the 
                Department of Defense; and
                    (E) procedures to oversee the development of, and 
                review and approve, all budget requests for defense 
                business systems.
            (3) <<NOTE: Deadlines. Records.>>  Updates.--The Secretary 
        of Defense, acting through the Chief Management Officer, shall 
        update the strategic management plan no later than July 1, 2009, 
        and every two years thereafter and provide a copy to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives.

    (e) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall provide to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the implementation of this section and a copy of the strategic 
management plan required by subsection (d).

SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND ACQUISITION 
            AUTHORITY.

    Subparagraph (B) of section 905(b)(1) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2353) <<NOTE: 10 USC 133 note.>>  is amended by striking ``and 
mutually supportive of''.

SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.

    (a) Establishment.--
            (1) In general.--Chapter 7 of title 10, United States Code, 
        is amended by inserting after section 182 the following new 
        section:

``Sec. 183. Department of Defense Board of Actuaries

    ``(a) In General.--There shall be in the Department of Defense a 
Department of Defense Board of Actuaries (hereinafter in this section 
referred to as the `Board').

[[Page 122 STAT. 276]]

    ``(b) Members.--(1) The Board shall consist of three members who 
shall be appointed by the Secretary of Defense from among qualified 
professional actuaries who are members of the Society of Actuaries.
    ``(2) The members of the Board shall serve for a term of 15 years, 
except that a member of the Board appointed to fill a vacancy occurring 
before the end of the term for which the member's predecessor was 
appointed shall only serve until the end of such term. A member may 
serve after the end of the member's term until the member's successor 
takes office.
    ``(3) A member of the Board may be removed by the Secretary of 
Defense only for misconduct or failure to perform functions vested in 
the Board.
    ``(4) A member of the Board who is not an employee of the United 
States is entitled to receive pay at the daily equivalent of the annual 
rate of basic pay of the highest rate of basic pay then currently being 
paid under the General Schedule of subchapter III of chapter 53 of title 
5 for each day the member is engaged in the performance of the duties of 
the Board and is entitled to travel expenses, including a per diem 
allowance, in accordance with section 5703 of that title in connection 
with such duties.
    ``(c) Duties.--The Board shall have the following duties:
            ``(1) <<NOTE: Reports. Deadlines.>>  To review valuations of 
        the Department of Defense Military Retirement Fund in accordance 
        with section 1465(c) of this title and submit to the President 
        and Congress, not less often than once every four years, a 
        report on the status of that Fund, including such 
        recommendations for modifications to the funding or amortization 
        of that Fund as the Board considers appropriate and necessary to 
        maintain that Fund on a sound actuarial basis.
            ``(2) To review valuations of the Department of Defense 
        Education Benefits Fund in accordance with section 2006(e) of 
        this title and make recommendations to the President and 
        Congress on such modifications to the funding or amortization of 
        that Fund as the Board considers appropriate to maintain that 
        Fund on a sound actuarial basis.
            ``(3) To review valuations of such other funds as the 
        Secretary of Defense shall specify for purposes of this section 
        and make recommendations to the President and Congress on such 
        modifications to the funding or amortization of such funds as 
        the Board considers appropriate to maintain such funds on a 
        sound actuarial basis.

    ``(d) Records.--The Secretary of Defense shall ensure that the Board 
has access to such records regarding the funds referred to in subsection 
(c) as the Board shall require to determine the actuarial status of such 
funds.
    ``(e) Reports.--(1) The Board shall submit to the Secretary of 
Defense on an annual basis a report on the actuarial status of each of 
the following:
            ``(A) The Department of Defense Military Retirement Fund.
            ``(B) The Department of Defense Education Benefits Fund.
            ``(C) Each other fund specified by Secretary under 
        subsection (c)(3).

    ``(2) The Board shall also furnish its advice and opinion on matters 
referred to it by the Secretary.''.

[[Page 122 STAT. 277]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 7 of such title is amended by inserting 
        after the item relating to section 182 the following new item:

``183. Department of Defense Board of Actuaries''.

            (3) <<NOTE: 10 USC 183 note.>>  Initial service as board 
        members.--Each member of the Department of Defense Retirement 
        Board of Actuaries or the Department of Defense Education 
        Benefits Board of Actuaries as of the date of the enactment of 
        this Act shall serve as an initial member of the Department of 
        Defense Board of Actuaries under section 183 of title 10, United 
        States Code (as added by paragraph (1)), from that date until 
        the date otherwise provided for the completion of such 
        individual's term as a member of the Department of Defense 
        Retirement Board of Actuaries or the Department of Defense 
        Education Benefits Board of Actuaries, as the case may be, 
        unless earlier removed by the Secretary of Defense.

    (b) Termination of Existing Boards of Actuaries.--
            (1) Department of defense retirement board of actuaries.--
        (A) Section 1464 of title 10, United States Code, is repealed.
            (B) The table of sections at the beginning of chapter 74 of 
        such title is amended by striking the item relating to section 
        1464.
            (2) Department of defense education benefits board of 
        actuaries.--Section 2006 of such title is amended--
                    (A) in subsection (c)(1), by striking ``subsection 
                (g)'' and inserting ``subsection (f)'';
                    (B) by striking subsection (e);
                    (C) by redesignating subsections (f), (g), and (h) 
                as subsections (e), (f), and (g), respectively;
                    (D) in subsection (e), as redesignated by 
                subparagraph (C), by striking ``subsection (g)'' in 
                paragraph (5) and inserting ``subsection (f)''; and
                    (E) in subsection (f), as so redesignated--
                          (i) in paragraph (2)(A), by striking 
                      ``subsection (f)(3)'' and inserting ``subsection 
                      (e)(3)''; and
                          (ii) in paragraph (2)(B), by striking 
                      ``subsection (f)(4)'' and inserting ``subsection 
                      (e)(4)''.

    (c) Conforming Amendments.--
            (1) Section 1175(h)(4) of title 10, United States Code, is 
        amended by striking ``Retirement'' the first place it appears.
            (2) Section 1460(b) of such title is amended by striking 
        ``Retirement''.
            (3) Section 1466(c)(3) of such title is amended by striking 
        ``Retirement''.
            (4) Section 12521(6) of such title is amended by striking 
        ``Department of Defense Education Benefits Board of Actuaries 
        referred to in section 2006(e)(1) of this title'' and inserting 
        ``Department of Defense Board of Actuaries under section 183 of 
        this title''.

SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS 
            APPOINTED AS UNDER SECRETARY OF DEFENSE FOR ACQUISITION, 
            TECHNOLOGY, AND LOGISTICS.

    Section 133(a) of title 10, United States Code, is amended by 
striking ``in the private sector''.

[[Page 122 STAT. 278]]

SEC. 908. <<NOTE: Establishment. Appointments.>>  ASSISTANT SECRETARIES 
            OF THE MILITARY DEPARTMENTS FOR ACQUISITION MATTERS; 
            PRINCIPAL MILITARY DEPUTIES.

    (a) Department of the Army.--Section 3016(b) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(5)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Army for Acquisition, Technology, and Logistics. The 
principal duty of the Assistant Secretary shall be the overall 
supervision of acquisition, technology, and logistics matters of the 
Department of the Army.
    ``(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a lieutenant general of the Army on active duty. 
The Principal Military Deputy shall be appointed from among officers who 
have significant experience in the areas of acquisition and program 
management. The position of Principal Military Deputy shall be 
designated as a critical acquisition position under section 1733 of this 
title.''.
    (b) Department of the Navy.--Section 5016(b) of such title is 
amended by adding at the end the following new paragraph:
    ``(4)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Navy for Research, Development, and Acquisition. The 
principal duty of the Assistant Secretary shall be the overall 
supervision of research, development, and acquisition matters of the 
Department of the Navy.
    ``(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a vice admiral of the Navy or a lieutenant general 
of the Marine Corps on active duty. The Principal Military Deputy shall 
be appointed from among officers who have significant experience in the 
areas of acquisition and program management. The position of Principal 
Military Deputy shall be designated as a critical acquisition position 
under section 1733 of this title.''.
    (c) Department of the Air Force.--Section 8016(b) of such title is 
amended by adding at the end the following new paragraph:
    ``(4)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Air Force for Acquisition. The principal duty of the 
Assistant Secretary shall be the overall supervision of acquisition 
matters of the Department of the Air Force.
    ``(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a lieutenant general of the Air Force on active 
duty. The Principal Military Deputy shall be appointed from among 
officers who have significant experience in the areas of acquisition and 
program management. The position of Principal Military Deputy shall be 
designated as a critical acquisition position under section 1733 of this 
title.''.
    (d) <<NOTE: 10 USC 2430 note.>>  Duty of Principal Military Deputies 
To Inform Service Chiefs on Major Defense Acquisition Programs.--Each 
Principal Military Deputy to a service acquisition executive shall be 
responsible for keeping the Chief of Staff of the Armed Forces concerned 
informed of the progress of major defense acquisition programs.

SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF 
            OPERATIONAL TEST AND EVALUATION.

    It is the sense of Congress that the term of office of the Director 
of Operational Test and Evaluation of the Department of Defense should 
be not less than five years.

[[Page 122 STAT. 279]]

                      Subtitle B--Space Activities

SEC. 911. <<NOTE: 10 USC 2271 note.>>  SPACE PROTECTION STRATEGY.

    (a) Sense of Congress.--It is the Sense of Congress that the United 
States should place greater priority on the protection of national 
security space systems.
    (b) Strategy.--The Secretary of Defense, in conjunction with the 
Director of National Intelligence, shall develop a strategy, to be known 
as the Space Protection Strategy, for the development and fielding by 
the United States of the capabilities that are necessary to ensure 
freedom of action in space for the United States.
    (c) Matters Included.--The strategy required by subsection (b) shall 
include each of the following:
            (1) An identification of the threats to, and the 
        vulnerabilities of, the national security space systems of the 
        United States.
            (2) A description of the capabilities currently contained in 
        the program of record of the Department of Defense and the 
        intelligence community that ensure freedom of action in space.
            (3) For each period covered by the strategy, a description 
        of the capabilities that are needed for the period, including--
                    (A) the hardware, software, and other materials or 
                services to be developed or procured;
                    (B) the management and organizational changes to be 
                achieved; and
                    (C) concepts of operations, tactics, techniques, and 
                procedures to be employed.
            (4) For each period covered by the strategy, an assessment 
        of the gaps and shortfalls between the capabilities that are 
        needed for the period and the capabilities currently contained 
        in the program of record.
            (5) For each period covered by the strategy, a comprehensive 
        plan for investment in capabilities that identifies specific 
        program and technology investments to be made in that period.
            (6) A description of the current processes by which the 
        systems protection requirements of the Department of Defense and 
        the intelligence community are addressed in space acquisition 
        programs and during key milestone decisions, an assessment of 
        the adequacy of those processes, and an identification of the 
        actions of the Department and the intelligence community for 
        addressing any inadequacies in those processes.
            (7) A description of the current processes by which the 
        Department of Defense and the intelligence community program and 
        budget for capabilities (including capabilities that are 
        incorporated into single programs and capabilities that span 
        multiple programs), an assessment of the adequacy of those 
        processes, and an identification of the actions of the 
        Department and the intelligence community for addressing any 
        inadequacies in those processes.
            (8) A description of the organizational and management 
        structure of the Department of Defense and the intelligence 
        community for addressing policy, planning, acquisition, and 
        operations with respect to capabilities, a description of the

[[Page 122 STAT. 280]]

        roles and responsibilities of each organization, and an 
        identification of the actions of the Department and the 
        intelligence community for addressing any inadequacies in that 
        structure.

    (d) Periods Covered.--The strategy required by subsection (b) shall 
cover the following periods:
            (1) Fiscal years 2008 through 2013.
            (2) Fiscal years 2014 through 2019.
            (3) Fiscal years 2020 through 2025.

    (e) Definitions.--In this section--
            (1) the term ``capabilities'' means space, airborne, and 
        ground systems and capabilities for space situational awareness 
        and for space systems protection; and
            (2) the term ``intelligence community'' has the meaning 
        given such term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).

    (f) Report; Biennial Update.--
            (1) Report.--Not later than six months after the date of the 
        enactment of this Act, the Secretary of Defense, in conjunction 
        with the Director of National Intelligence, shall submit to 
        Congress a report on the strategy required by subsection (b), 
        including each of the matters required by subsection (c).
            (2) Biennial update.--Not <<NOTE: Deadline.>>  later than 
        March 15 of each even-numbered year after 2008, the Secretary of 
        Defense, in conjunction with the Director of National 
        Intelligence, shall submit to Congress an update to the report 
        required by paragraph (1).
            (3) Classification.--The report required by paragraph (1), 
        and each update required by paragraph (2), shall be in 
        unclassified form, but may include a classified annex.

    (g) Conforming Repeal.--Section 911 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3405; 10 U.S.C. 2271 note) is repealed.

SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE 
            DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 23 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 490. Space cadre management: biennial report

    ``(a) Requirement.--The Secretary of Defense and each Secretary of a 
military department shall develop metrics and use these metrics to 
identify, track, and manage space cadre personnel within the Department 
of Defense to ensure the Department has sufficient numbers of personnel 
with the expertise, training, and experience to meet current and future 
national security space needs.
    ``(b) Biennial Report Required.--
            ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this section, and every even-numbered year 
        thereafter, the Secretary of Defense shall submit to the 
        congressional defense committees a report on the management of 
        the space cadre.
            ``(2) Matters included.--The report required by paragraph 
        (1) shall include--
                    ``(A) the number of active duty, reserve duty, and 
                government civilian space-coded billets that--

[[Page 122 STAT. 281]]

                          ``(i) are authorized or permitted to be 
                      maintained for each military department and 
                      defense agency;
                          ``(ii) are needed or required for each 
                      military department and defense agency for the 
                      year in which the submission of the report is 
                      required; and
                          ``(iii) are needed or required for each 
                      military department and defense agency for each of 
                      the five years following the date of the 
                      submission of the report;
                    ``(B) the actual number of active duty, reserve 
                duty, and government civilian personnel that are coded 
                or classified as space cadre personnel within the 
                Department of Defense, including the military 
                departments and defense agencies;
                    ``(C) the number of personnel recruited or hired as 
                accessions to serve in billets coded or classified as 
                space cadre personnel for each military department and 
                defense agency;
                    ``(D) the number of personnel serving in billets 
                coded or classified as space cadre personnel that 
                discontinued serving each military department and 
                defense agency during the preceding calendar year;
                    ``(E) for each of the reporting requirements in 
                subparagraphs (A) through (D), further classification of 
                the number of personnel by--
                          ``(i) space operators, acquisition personnel, 
                      engineers, scientists, program managers, and other 
                      space-related areas identified by the Department;
                          ``(ii) expertise or technical specialization 
                      area--
                                    ``(I) such as communications, 
                                missile warning, spacelift, and any 
                                other space-related specialties 
                                identified by the Department or 
                                classifications used by the Department; 
                                and
                                    ``(II) consistent with section 1721 
                                of this title for acquisition personnel;
                          ``(iii) rank for active duty and reserve duty 
                      personnel and grade for government civilian 
                      personnel;
                          ``(iv) qualification, expertise, or 
                      proficiency level consistent with service and 
                      agency-defined qualification, expertise, or 
                      proficiency levels; and
                          ``(v) any other such space-related 
                      classification categories used by the Department 
                      or military departments; and
                    ``(F) any other metrics identified by the Department 
                to improve the identification, tracking, training, and 
                management of space cadre personnel.
            ``(3) Assessments.--The report required by paragraph (1) 
        shall also include the Secretary's assessment of the state of 
        the Department's space cadre, the Secretary's assessment of the 
        space cadres of the military departments, and a description of 
        efforts to ensure the Department has a space cadre sufficient to 
        meet current and future national security space needs.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``490. Space cadre management: biennial report.''.

[[Page 122 STAT. 282]]

SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR DEFENSE 
            SPACE PROGRAMS.

    Section 911(b)(1) of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2621) is amended 
by inserting ``, and March 15, 2008,'' after ``March 15, 2003,''.

              Subtitle C--Chemical Demilitarization Program

SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS.

    (a) Functions.--Section 172 of the National Defense Authorization 
Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended--
            (1) in each of subsections (b) and (f), by striking 
        ``Assistant Secretary of the Army (Research, Development and 
        Acquisition)'' and inserting ``Assistant Secretary of the Army 
        (Acquisition, Logistics, and Technology)''; and
            (2) in subsection (g), by striking ``Assistant Secretary of 
        the Army (Research, Development, and Acquisition)'' and 
        inserting ``Assistant Secretary of the Army (Acquisition, 
        Logistics, and Technology)''.

    (b) Termination.--Such section is further amended in subsection (h) 
by striking ``after the stockpile located in that commission's State has 
been destroyed'' and inserting ``after the closure activities required 
pursuant to regulations promulgated by the Administrator of the 
Environmental Protection Agency pursuant to the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) have been completed for the chemical agent 
destruction facility in the commission's State, or upon the request of 
the Governor of the commission's State, whichever occurs first''.

SEC. 922. <<NOTE: 50 USC 1521 note.>>  SENSE OF CONGRESS ON COMPLETION 
            OF DESTRUCTION OF UNITED STATES CHEMICAL WEAPONS STOCKPILE.

    (a) Findings.--Congress makes the following findings:
            (1) The Convention on the Prohibition of the Development, 
        Production, Stockpiling and Use of Chemical Weapons and on Their 
        Destruction, done at Paris on January 13, 1993 (commonly 
        referred to as the ``Chemical Weapons Convention''), requires 
        that destruction of the entire United States chemical weapons 
        stockpile be completed by not later than April 29, 2007.
            (2) In 2006, under the terms of the Chemical Weapons 
        Convention, the United States requested and received a one-time, 
        5-year extension of its chemical weapons destruction deadline to 
        April 29, 2012.
            (3) On April 10, 2006, the Secretary of Defense notified 
        Congress that the United States would not meet even the extended 
        deadline under the Chemical Weapons Convention for destruction 
        of the United States chemical weapons stockpile, but would 
        ``continue working diligently to minimize the time to complete 
        destruction without sacrificing safety and security'' and would 
        also ``continue requesting resources needed to complete 
        destruction as close to April 2012 as practicable''.

[[Page 122 STAT. 283]]

            (4) The United States chemical demilitarization program has 
        met its one percent, 20 percent, and extended 45 percent 
        destruction deadlines under the Chemical Weapons Convention.
            (5) Destroying the remaining stockpile of United States 
        chemical weapons is imperative for public safety and homeland 
        security, and doing so by April 2012, in accordance with the 
        current destruction deadline provided under the Chemical Weapons 
        Convention, is required by United States law.
            (6) The elimination of chemical weapons anywhere they exist 
        in the world, and the prevention of their proliferation, is of 
        utmost importance to the national security of the United States.
            (7) Section 921(b)(3) of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2359) contained a sense of Congress urging the Secretary 
        of Defense to ensure the elimination of the United States 
        chemical weapons stockpile in the shortest time possible, 
        consistent with the requirement to protect public health, 
        safety, and the environment.
            (8) Section 921(b)(4) of that Act contained a sense of 
        Congress urging the Secretary of Defense to propose a credible 
        treatment and disposal process with the support of affected 
        communities. In this regard, any such process should provide for 
        sufficient communication and consultation between 
        representatives of the Department of Defense and representatives 
        of affected States and communities.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States is, and must remain, committed to 
        making every effort to safely dispose of its entire chemical 
        weapons stockpile by April 2012, the current destruction 
        deadline provided under the Chemical Weapons Convention, or as 
        soon thereafter as possible, and must carry out all of its other 
        obligations under the Convention; and
            (2) the Secretary of Defense should make every effort to 
        plan for, and to request in the annual budget of the President 
        submitted to Congress adequate funding to complete, the 
        elimination of the United States chemical weapons stockpile in 
        accordance with United States obligations under the Chemical 
        Weapons Convention and in a manner that will protect public 
        health, safety, and the environment, as required by law.

    (c) Reports Required.--
            (1) In general.--Not later than March 15, 2008, and every 
        180 days thereafter until the year in which the United States 
        completes the destruction of its entire stockpile of chemical 
        weapons under the terms of the Chemical Weapons Convention, the 
        Secretary of Defense shall submit to the members and committees 
        of Congress referred to in paragraph (3) a report on the 
        implementation by the United States of its chemical weapons 
        destruction obligations under the Chemical Weapons Convention.
            (2) Elements.--Each report under paragraph (1) shall include 
        the following:
                    (A) The anticipated schedule at the time of such 
                report for the completion of destruction of chemical 
                agents, munitions, and materiel at each chemical weapons 
                demilitarization facility in the United States.

[[Page 122 STAT. 284]]

                    (B) A description of the options and alternatives 
                for accelerating the completion of chemical weapons 
                destruction at each such facility, particularly in time 
                to meet the destruction deadline of April 29, 2012, 
                currently provided by the Chemical Weapons Convention, 
                and by December 31, 2017.
                    (C) A description of the funding required to achieve 
                each of the options for destruction described under 
                subparagraph (B), and a detailed life-cycle cost 
                estimate for each of the affected facilities included in 
                each such funding profile.
                    (D) A description of all actions being taken by the 
                United States to accelerate the destruction of its 
                entire stockpile of chemical weapons, agents, and 
                materiel in order to meet the current destruction 
                deadline under the Chemical Weapons Convention of April 
                29, 2012, or as soon thereafter as possible.
            (3) Members and committees of congress.--The members and 
        committees of Congress referred to in this paragraph are--
                    (A) the majority leader of the Senate, the minority 
                leader of the Senate, and the Committees on Armed 
                Services and Appropriations of the Senate; and
                    (B) the Speaker of the House of Representatives, the 
                majority leader of the House of Representatives, the 
                minority leader of the House of Representatives, and the 
                Committees on Armed Services and Appropriations of the 
                House of Representatives.

SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF 
            CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.

    Section 1412(e)(3) of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521(e)(3)) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE AND LOCAL 
            GOVERNMENTS AFTER COMPLETION OF THE DESTRUCTION OF THE 
            UNITED STATES CHEMICAL WEAPONS STOCKPILE.

    Subparagraph (B) of section 1412(c)(5) of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is amended to read as 
follows:
    ``(B) Assistance may be provided under this paragraph for 
capabilities to respond to emergencies involving an installation or 
facility as described in subparagraph (A) until the earlier of the 
following:
            ``(i) The date of the completion of all grants and 
        cooperative agreements with respect to the installation or 
        facility for purposes of this paragraph between the Federal 
        Emergency Management Agency and the State and local governments 
        concerned.
            ``(ii) The date that is 180 days after the date of the 
        completion of the destruction of lethal chemical agents and 
        munitions at the installation or facility.''.

[[Page 122 STAT. 285]]

                Subtitle D--Intelligence-Related Matters

SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING 
            FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM 
            PREVENTION ACT OF 2004.

    (a) References to Head of Intelligence Community.--Title 10, United 
States Code, is amended by striking ``Director of Central Intelligence'' 
each place it appears in the following provisions and inserting 
``Director of National Intelligence'':
            (1) Section 192(c)(2).
            (2) Section 193(d)(2).
            (3) Section 193(e).
            (4) Section 201(a).
            (5) Section 201(c)(1).
            (6) Section 425(a).
            (7) Section 426(a)(3).
            (8) Section 426(b)(2).
            (9) Section 441(c).
            (10) Section 441(d).
            (11) Section 443(d).
            (12) Section 2273(b)(1).
            (13) Section 2723(a).

    (b) References to Head of Central Intelligence Agency.--Such title 
is further amended by striking ``Director of Central Intelligence'' each 
place it appears in the following provisions and inserting ``Director of 
the Central Intelligence Agency'':
            (1) Section 431(b)(1).
            (2) Section 444.
            (3) Section 1089(g).

    (c) Other Amendments.--
            (1) Subsection headings.--
                    (A) Section 441(c).--The heading of subsection (c) 
                of section 441 of such title is amended by striking 
                ``Director of Central Intelligence'' and inserting 
                ``Director of National Intelligence''.
                    (B) Section 443(d).--The heading of subsection (d) 
                of section 443 of such title is amended by striking 
                ``Director of Central Intelligence'' and inserting 
                ``Director of National Intelligence''.
            (2) Section 201.--Section 201 of such title is further 
        amended--
                    (A) in subsection (b)(1), to read as follows:
            ``(1) In the event of a vacancy in a position referred to in 
        paragraph (2), before appointing an individual to fill the 
        vacancy or recommending to the President an individual to be 
        nominated to fill the vacancy, the Secretary of Defense shall 
        obtain the concurrence of the Director of National Intelligence 
        as provided in section 106(b) of the National Security Act of 
        1947 (50 U.S.C. 403-6(b)).''; and
                    (B) in subsection (c)(1), by striking ``National 
                Foreign Intelligence Program'' and inserting ``National 
                Intelligence Program''.

[[Page 122 STAT. 286]]

                 Subtitle E--Roles and Missions Analysis

SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS REVIEW.

    (a) Requirement for Review.--
            (1) In general.--Chapter 2 of title 10, United States Code, 
        is amended by inserting after section 118a the following new 
        section:

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

    ``(a) Review Required.--The Secretary of Defense shall every four 
years conduct a comprehensive assessment (to be known as the 
`quadrennial roles and missions review') of the roles and missions of 
the armed forces and the core competencies and capabilities of the 
Department of Defense to perform and support such roles and missions.
    ``(b) Independent Military Assessment of Roles and Missions.--(1) In 
each year in which the Secretary of Defense is required to conduct a 
comprehensive assessment pursuant to subsection (a), the Chairman of the 
Joint Chiefs of Staff shall prepare and submit to the Secretary the 
Chairman's assessment of the roles and missions of the armed forces and 
the assignment of functions to the armed forces, together with any 
recommendations for changes in assignment that the Chairman considers 
necessary to achieve maximum efficiency and effectiveness of the armed 
forces.
    ``(2) The Chairman's assessment shall be conducted so as to--
            ``(A) organize the significant missions of the armed forces 
        into core mission areas that cover broad areas of military 
        activity;
            ``(B) ensure that core mission areas are defined and 
        functions are assigned so as to avoid unnecessary duplication of 
        effort among the armed forces; and
            ``(C) provide the Chairman's recommendations with regard to 
        issues to be addressed by the Secretary of Defense under 
        subsection (c).

    ``(c) Identification of Core Mission Areas and Core Competencies and 
Capabilities.--Upon receipt of the Chairman's assessment, and after 
giving appropriate consideration to the Chairman's recommendations, the 
Secretary of Defense shall identify--
            ``(1) the core mission areas of the armed forces;
            ``(2) the core competencies and capabilities that are 
        associated with the performance or support of a core mission 
        area identified pursuant to paragraph (1);
            ``(3) the elements of the Department of Defense (including 
        any other office, agency, activity, or command described in 
        section 111(b) of this title) that are responsible for providing 
        the core competencies and capabilities required to effectively 
        perform the core missions identified pursuant to paragraph (1);
            ``(4) any gaps in the ability of the elements (or other 
        office, agency activity, or command) of the Department of 
        Defense to provide core competencies and capabilities required 
        to effectively perform the core missions identified pursuant to 
        paragraph (1);
            ``(5) any unnecessary duplication of core competencies and 
        capabilities between defense components; and

[[Page 122 STAT. 287]]

            ``(6) a plan for addressing any gaps or unnecessary 
        duplication identified pursuant to paragraph (4) or paragraph 
        (5).

    ``(d) Report.--The Secretary shall submit a report on the 
quadrennial roles and missions review to the Committees on Armed 
Services of the Senate and the House of Representatives. The report 
shall be submitted in the year following the year in which the review is 
conducted, but not later than the date on which the President submits 
the budget for the next fiscal year to Congress under section 1105(a) of 
title 31.''.
    (b) Repeal of Superseded Provision.--Section 118(e) of title 10, 
United States Code, is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).

    (c) <<NOTE: 10 USC 118b note.>>  Timing of Quadrennial Roles and 
Missions Review.--
            (1) First review.--The first quadrennial roles and missions 
        review under section 118b of title 10, United States Code, as 
        added by subsection (a), shall be conducted during 2008.
            (2) Subsequent reviews.--Subsequent reviews shall be 
        conducted every four years, beginning in 2011.

SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES 
            RELATING TO CORE MISSION AREAS.

    (a) Revisions in Mission.--Subsection (b) of section 181 of title 
10, United States Code, is amended to read as follows:
    ``(b) Mission.--In addition to other matters assigned to it by the 
President or Secretary of Defense, the Joint Requirements Oversight 
Council shall--
            ``(1) assist the Chairman of the Joint Chiefs of Staff--
                    ``(A) in identifying, assessing, and approving joint 
                military requirements (including existing systems and 
                equipment) to meet the national military strategy; and
                    ``(B) in identifying the core mission area 
                associated with each such requirement;
            ``(2) assist the Chairman in establishing and assigning 
        priority levels for joint military requirements;
            ``(3) assist the Chairman in reviewing the estimated level 
        of resources required in the fulfillment of each joint military 
        requirement and in ensuring that such resource level is 
        consistent with the level of priority assigned to such 
        requirement; and
            ``(4) assist acquisition officials in identifying 
        alternatives to any acquisition program that meet joint military 
        requirements for the purposes of section 2366a(a)(4), section 
        2366b(b), and section 2433(e)(2) of this title.''.

    (b) Advisors.--Section 181 of such title is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Advisors.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics, the Under Secretary of Defense (Comptroller), 
and the Director of the Office of Program Analysis and Evaluation shall 
serve as advisors to the Council on matters within their authority and 
expertise.''.
    (c) Organization.--Section 181 of such title is further amended by 
inserting after subsection (d) (as inserted by subsection (b)) the 
following new subsection (e):

[[Page 122 STAT. 288]]

    ``(e) Organization.--The Joint Requirements Oversight Council shall 
conduct periodic reviews of joint military requirements within a core 
mission area of the Department of Defense. In any such review of a core 
mission area, the officer or official assigned to lead the review shall 
have a deputy from a different military department.''.
    (d) Definitions.--Section 181 of such title is further amended by 
adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
            ``(1) The term `joint military requirement' means a 
        capability necessary to fulfill a gap in a core mission area of 
        the Department of Defense.
            ``(2) The term `core mission area' means a core mission area 
        of the Department of Defense identified under the most recent 
        quadrennial roles and missions review pursuant to section 118b 
        of this title.''.

    (e) Consultation.--Section 2433(e)(2) of such title is amended by 
inserting ``, after consultation with the Joint Requirements Oversight 
Council regarding program requirements,'' after ``Secretary of Defense'' 
in the matter preceding subparagraph (A).
    (f) <<NOTE: Effective date. 10 USC 181 note.>>  Deadlines.--
Effective June 1, 2009, all joint military requirements documents of the 
Joint Requirements Oversight Council produced to carry out its mission 
under section 181(b)(1) of title 10, United States Code, shall reference 
the core mission areas organized and defined under section 118b of such 
title. Not later than October 1, 2009, all such documents produced 
before June 1, 2009, shall reference such structure.

SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO 
            TECHNOLOGY DEVELOPMENT.

    (a) Requirement for Certification.--
            (1) In general.--Chapter 139 of title 10, United States 
        Code, is amended by inserting after section 2366a the following 
        new section:

``Sec. 2366b. Major defense acquisition programs: certification required 
                        before Milestone A or Key Decision Point A 
                        approval

    ``(a) Certification.--A major defense acquisition program may not 
receive Milestone A approval, or Key Decision Point A approval in the 
case of a space program, until the Milestone Decision Authority 
certifies, after consultation with the Joint Requirements Oversight 
Council on matters related to program requirements and military needs--
            ``(1) that the system fulfills an approved initial 
        capabilities document;
            ``(2) that the system is being executed by an entity with a 
        relevant core competency as identified by the Secretary of 
        Defense under section 118b of this title;
            ``(3) if the system duplicates a capability already provided 
        by an existing system, the duplication provided by such system 
        is necessary and appropriate; and
            ``(4) that a cost estimate for the system has been submitted 
        and that the level of resources required to develop and procure 
        the system is consistent with the priority level assigned by the 
        Joint Requirements Oversight Council.

[[Page 122 STAT. 289]]

    ``(b) Notification.--With respect to a major system certified by the 
Milestone Decision Authority under subsection (a), if the projected cost 
of the system, at any time prior to Milestone B approval, exceeds the 
cost estimate for the system submitted at the time of the certification 
by at least 25 percent, the program manager for the system concerned 
shall notify the Milestone Decision Authority. The Milestone Decision 
Authority, in consultation with the Joint Requirements Oversight Council 
on matters related to program requirements and military needs, shall 
determine whether the level of resources required to develop and procure 
the system remains consistent with the priority level assigned by the 
Joint Requirements Oversight Council. The Milestone Decision Authority 
may withdraw the certification concerned or rescind Milestone A approval 
(or Key Decision Point A approval in the case of a space program) if the 
Milestone Decision Authority determines that such action is in the 
interest of national defense.
    `` (c)Definitions.--In this section:
            ``(1) The term `major system' has the meaning provided in 
        section 2302(5) of this title.
            ``(2) The term `initial capabilities document' means any 
        capabilities requirement document approved by the Joint 
        Requirements Oversight Council that establishes the need for a 
        materiel approach to resolve a capability gap.
            ``(3) The term `technology development program' means a 
        coordinated effort to assess technologies and refine user 
        performance parameters to fulfill a capability gap identified in 
        an initial capabilities document.
            ``(4) The term `entity' means an entity listed in section 
        125a(a) of this title.
            ``(5) The term `Milestone B approval' has the meaning 
        provided that term in section 2366(e)(7) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2366b. Major defense acquisition programs: certification required 
           before Milestone A or Key Decision Point A approval.''.

    (b) <<NOTE: 10 USC 2366b note. Deadline.>>  Review of Department of 
Defense Acquisition Directives.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall review 
Department of Defense Directive 5000.1 and associated guidance, and the 
manner in which such directive and guidance have been implemented, and 
take appropriate steps to ensure that the Department does not commence a 
technology development program for a major weapon system without 
Milestone A approval (or Key Decision Point A approval in the case of a 
space program).

    (c) <<NOTE: Applicability. 10 USC 2366b note.>>  Effective Date.--
Section 2366b of title 10, United States Code, as added by subsection 
(a), shall apply to major systems on and after March 1, 2008.

SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION 
            AREA.

    (a) Time of Submission of Future-Years Mission Budget.--The second 
sentence of section 222(a) of title 10, United States Code, is amended 
to read as follows: ``That budget shall be submitted for any fiscal year 
with the future-years defense program submitted under section 221 of 
this title.''.

[[Page 122 STAT. 290]]

    (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) <<NOTE: Applicability. 10 USC 222 note.>>  Effective Date.--The 
amendments made by this section shall apply with respect to the future-
years mission budget for fiscal year 2010 and each fiscal year 
thereafter.

                        Subtitle F--Other Matters

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

    (a) Consideration of Climate Change Effect.--Section 118 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
    ``(g) Consideration of Effect of Climate Change on Department 
Facilities, Capabilities, and Missions.--(1) The first national security 
strategy and national defense strategy prepared after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 2008 
shall include guidance for military planners--
            ``(A) to assess the risks of projected climate change to 
        current and future missions of the armed forces;
            ``(B) to update defense plans based on these assessments, 
        including working with allies and partners to incorporate 
        climate mitigation strategies, capacity building, and relevant 
        research and development; and
            ``(C) to develop the capabilities needed to reduce future 
        impacts.

    ``(2) The first quadrennial defense review prepared after the date 
of the enactment of the National Defense Authorization Act for Fiscal 
Year 2008 shall also examine the capabilities of the armed forces to 
respond to the consequences of climate change, in particular, 
preparedness for natural disasters from extreme weather events and other 
missions the armed forces may be asked to support inside the United 
States and overseas.
    ``(3) For planning purposes to comply with the requirements of this 
subsection, the Secretary of Defense shall use--
            ``(A) the mid-range projections of the fourth assessment 
        report of the Intergovernmental Panel on Climate Change;
            ``(B) subsequent mid-range consensus climate projections if 
        more recent information is available when the next national 
        security strategy, national defense strategy, or quadrennial 
        defense review, as the case may be, is conducted; and
            ``(C) findings of appropriate and available estimations or 
        studies of the anticipated strategic, social, political, and 
        economic effects of global climate change and the implications 
        of such effects on the national security of the United States.

    ``(4) In this subsection, the term `national security strategy' 
means the annual national security strategy report of the President 
under section 108 of the National Security Act of 1947 (50 U.S.C. 
404a).''.

[[Page 122 STAT. 291]]

    (b) <<NOTE: 10 USC 118 note.>>  Implementation.--The Secretary of 
Defense shall ensure that subsection (g) of section 118 of title 10, 
United States Code, as added by subsection (a), is implemented in a 
manner that does not have a negative impact on the national security of 
the United States.

SEC. 952. <<NOTE: 10 USC 111 note.>>  INTERAGENCY POLICY COORDINATION.

    (a) Plan Required.--Not <<NOTE: Deadline.>>  later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall develop and submit to Congress a plan to improve and reform the 
Department of Defense's participation in and contribution to the 
interagency coordination process on national security issues.

    (b) Elements.--The elements of the plan shall include the following:
            (1) Assigning either the Under Secretary of Defense for 
        Policy or another official to be the lead policy official for 
        improving and reforming the interagency coordination process on 
        national security issues for the Department of Defense, with an 
        explanation of any decision to name an official other than the 
        Under Secretary and the relative advantages and disadvantages of 
        such decision.
            (2) Giving the official assigned under paragraph (1) the 
        following responsibilities:
                    (A) To be the lead person at the Department of 
                Defense for the development of policy affecting the 
                national security interagency process.
                    (B) To serve, or designate a person to serve, as the 
                representative of the Department of Defense in Federal 
                Government forums established to address interagency 
                policy, planning, or reforms.
                    (C) To advocate, on behalf of the Secretary, for 
                greater interagency coordination and contributions in 
                the execution of the National Security Strategy and 
                particularly specific operational objectives undertaken 
                pursuant to that strategy.
                    (D) To make recommendations to the Secretary of 
                Defense on changes to existing Department of Defense 
                regulations or laws to improve the interagency process.
                    (E) To serve as the coordinator for all planning and 
                training assistance that is--
                          (i) designed to improve the interagency 
                      process or the capabilities of other agencies to 
                      work with the Department of Defense; and
                          (ii) provided by the Department of Defense at 
                      the request of other agencies.
                    (F) To serve as the lead official in Department of 
                Defense for the development of deployable joint 
                interagency task forces.

    (c) Factors To Be Considered.--In drafting the plan, the Secretary 
of Defense shall also consider the following factors:
            (1) How the official assigned under subsection (b)(1) shall 
        provide input to the Secretary of Defense on an ongoing basis on 
        how to incorporate the need to coordinate with other agencies 
        into the establishment and reform of combatant commands.
            (2) How such official shall develop and make recommendations 
        to the Secretary of Defense on a regular or an ongoing

[[Page 122 STAT. 292]]

        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

[[Page 122 STAT. 293]]

            (2) in subparagraph (B)--
                    (A) in clause (i) by striking ``or'' at the end;
                    (B) in clause (ii) by striking ``and'' at the end 
                and inserting ``or''; and
                    (C) by adding at the end the following:
                          ``(iii) for not less than one academic year in 
                      a position in the field of education in a 
                      discipline related to the study supported by the 
                      program if the recipient demonstrates to the 
                      Secretary of Defense that no position is available 
                      in the departments, agencies, and offices covered 
                      by clauses (i) and (ii); and''.

SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE 
            HEALTH SCIENCES.

    (a) Reorganization and Amendment of Board of Regents Provisions.--
            (1) In general.--Chapter 104 of title 10, United States 
        Code, is amended by inserting after section 2113 the following 
        new section:

``Sec. 2113a. Board of Regents

    ``(a) In General.--To assist the Secretary of Defense in an advisory 
capacity, there is a Board of Regents of the University.
    ``(b) Membership.--The Board shall consist of--
            ``(1) nine persons outstanding in the fields of health and 
        health education who shall be appointed from civilian life by 
        the Secretary of Defense;
            ``(2) the Secretary of Defense, or his designee, who shall 
        be an ex officio member;
            ``(3) the surgeons general of the uniformed services, who 
        shall be ex officio members; and
            ``(4) the President of the University, who shall be a 
        nonvoting ex officio member.

    ``(c) Term of Office.--The term of office of each member of the 
Board (other than ex officio members) shall be six years except that--
            ``(1) any member appointed to fill a vacancy occurring 
        before the expiration of the term for which his predecessor was 
        appointed shall be appointed for the remainder of such term; and
            ``(2) any member whose term of office has expired shall 
        continue to serve until his successor is appointed.

    ``(d) Chairman.--One of the members of the Board (other than an ex 
officio member) shall be designated by the Secretary as Chairman. He 
shall be the presiding officer of the Board.
    ``(e) Compensation.--Members of the Board (other than ex officio 
members) while attending conferences or meetings or while otherwise 
performing their duties as members shall be entitled to receive 
compensation at a rate to be fixed by the Secretary and shall also be 
entitled to receive an allowance for necessary travel expenses while so 
serving away from their place of residence.
    ``(f) Meetings.--The Board shall meet at least once a quarter.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2113a. Board of Regents.''.

[[Page 122 STAT. 294]]

            (3) Conforming amendments.--
                    (A) Section 2113 of title 10, United States Code, is 
                amended--
                          (i) in subsection (a), by striking ``To 
                      assist'' and all that follows through the end of 
                      paragraph (4);
                          (ii) by striking subsections (b), (c), and 
                      (e);
                          (iii) by redesignating subsections (d), (f), 
                      (g), (h), (i), and (j) as subsections (b), (c), 
                      (d), (e), (f), and (g), respectively; and
                          (iv) in subsection (b), as so redesignated, by 
                      striking ``who shall also serve as a nonvoting ex 
                      officio member of the Board''.
                    (B) Section 2114(h) of such title is amended by 
                striking ``2113(h)'' and inserting ``2113(e)''.

    (b) Statutory Redesignation of Dean as President.--
            (1) Subsection 2113 of such title is further amended by 
        striking ``Dean'' each place it appears in subsections (b) and 
        (c)(1), as redesignated by subsection (a)(3), and inserting 
        ``President''.
            (2) Section 2114(e) of such title is amended by striking 
        ``Dean'' each place it appears in paragraphs (3) and (5).

SEC. 955. <<NOTE: 10 USC 2117 note.>>  ESTABLISHMENT OF DEPARTMENT OF 
            DEFENSE SCHOOL OF NURSING.

    (a) Establishment Plan Required.--Not <<NOTE: Deadline.>>  later 
than February 1, 2008, the Secretary of Defense shall submit to the 
congressional defense committees a plan to establish a School of Nursing 
within the Uniformed Services University of the Health Sciences. The 
Secretary shall develop the plan in consultation with the Board of 
Regents of the Uniformed Services University of the Health Sciences and 
submit the plan to the Board of Regents for review and to solicit the 
Board's recommendations.

    (b) Programs of Instruction.--In consultation with the Secretaries 
of the military departments, the Secretary of Defense shall include in 
the plan required by subsection (a) programs of instruction for the 
School of Nursing that would lead to the award of a bachelor of science 
in nursing and such other baccalaureate or graduate degrees in nursing 
as the Secretary considers appropriate. The plan shall also address the 
enrollment as students of enlisted members and officers of the Armed 
Forces and civilians for the purpose of commissioning them as military 
nursing officers upon graduation. The graduates of such a program of 
instruction shall be fully eligible to meet credentialing and licensing 
requirements of the military departments and at least one State in their 
program of study.
    (c) Consideration of Certain Programs.--In developing the plan under 
subsection (a), the Secretary shall consider the inclusion of the 
following types of programs:
            (1) A program to enroll students who already possess an 
        associate degree in nursing so that they can earn a bachelor of 
        science in nursing.
            (2) A program to enroll students who already possess other 
        associate degrees so that they can earn a bachelor of science in 
        nursing.
            (3) A program to enroll students who already possess an 
        associate degree in nursing so that they can earn a master of 
        science in nursing.

[[Page 122 STAT. 295]]

            (4) A program to enroll students who already possess a 
        bachelor of science in nursing so that they can earn a master of 
        science in nursing.

    (d) Other Considerations.--The plan required by subsection (a) shall 
also include the following:
            (1) The results of a study of the nursing shortage in the 
        Department of Defense and the reasons for such shortages.
            (2) Details of the curriculum and degree requirements for 
        each category of students at the School of Nursing, if 
        established.
            (3) An analysis of the contributions to overall medical 
        readiness that will be made by the School of Nursing.
            (4) Proposals for the development of the School of Nursing 
        to be phased in over a period of time.
            (5) Faculty requirements based on degree requirements and 
        numbers of projected students, to include the source and number 
        of faculty required.
            (6) Projected number of graduates per year for each of the 
        first 15 years of operation.
            (7) Predicted accession sources, military career paths, and 
        service commitments and retention rates of School of Nursing 
        graduates, to include the retention of enlisted personnel 
        accessed into the school.
            (8) Administrative and instructional facilities required, 
        and the likely initial and final location of clinical training 
        institutions.
            (9) Plan for accreditation by a nationally recognized 
        nursing school accrediting body.
            (10) Projected faculty, administration, instruction, and 
        facilities costs for the School of Nursing beginning in fiscal 
        year 2009 and continuing through fiscal year 2024, including the 
        cost analysis of developing the School of Nursing and the cost 
        of additional administrative support for the Uniformed Services 
        University of the Health Sciences on account of the 
        establishment of the school.

    (e) Effect on Current Programs.--Notwithstanding the development of 
the plan under subsection (a), the Secretary shall ensure that graduate 
degree programs in nursing, including advanced practice nursing, 
continue.
    (f) Effect on Other Recruitment Efforts.--Nothing in this section 
shall be construed as limiting or terminating any current or future 
program related to the recruitment, accession, training, or retention of 
military nurses.
    (g) Establishment Authority.--
            (1) Establishment.--Chapter 104 of title 10, United States 
        Code, is amended by adding at the end the following new section:

``Sec. 2117. School of Nursing

    ``(a) Establishment Authorized.--The Secretary of Defense may 
establish a School of Nursing within the University. The School of 
Nursing may include a program that awards a bachelor of science in 
nursing.
    ``(b) Phased Development.--The School of Nursing may be developed in 
phases as determined appropriate by the Secretary.''.

[[Page 122 STAT. 296]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2117. School of Nursing.''.

SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT 
            COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE 
            INSTITUTE FOR SECURITY COOPERATION.

    Subparagraph (F) of section 2166(e)(1) of title 10, United States 
Code, is amended to read as follows:
            ``(F) The commanders of the combatant commands having 
        geographic responsibility for the Western Hemisphere, or the 
        designees of those officers.''.

SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF THE OFFICE 
            OF THE UNDER SECRETARY OF DEFENSE FOR POLICY.

    (a) Assessment Required.--Not <<NOTE: Deadline. Reports.>>  later 
than June 1, 2008, the Comptroller General of the United States shall 
submit to the congressional defense committees a report containing an 
assessment of the most recent reorganization of the office of the Under 
Secretary of Defense for Policy, including an assessment with respect to 
the matters set forth in subsection (b).

    (b) Matters To Be Assessed.--The matters to be included in the 
assessment required by subsection (a) are as follows:
            (1) The manner in which the reorganization of the office 
        furthers, or will further, its stated purposes in the short-term 
        and long-term, including the manner in which the reorganization 
        enhances, or will enhance, the ability of the Department of 
        Defense--
                    (A) to address current security priorities, 
                including on-going military operations in Iraq, 
                Afghanistan, and elsewhere;
                    (B) to manage geopolitical defense relationships; 
                and
                    (C) to anticipate future strategic shifts in those 
                relationships.
            (2) The manner in which and the extent to which the 
        reorganization adheres to generally accepted principles of 
        effective organization, such as establishing clear goals, 
        identifying clear lines of authority and accountability, and 
        developing an effective human capital strategy.
            (3) The extent to which the Department has developed 
        detailed implementation plans for the reorganization, and the 
        current status of the implementation of all aspects of the 
        reorganization.
            (4) The extent to which the Department has worked to 
        mitigate congressional concerns and address other challenges 
        that have arisen since the reorganization was announced.
            (5) The manner in which the Department plans to evaluate 
        progress in achieving the stated goals of the reorganization and 
        what measurements, if any, the Department has established to 
        assess the results of the reorganization.
            (6) The impact of the large increase in responsibilities for 
        the Assistant Secretary of Defense for Special Operations and 
        Low Intensity Conflict and Interdependent Capabilities

[[Page 122 STAT. 297]]

        under the reorganization on the ability of the Assistant 
        Secretary to carry out the principal duties of the Assistant 
        Secretary under law.
            (7) The possible decrease in attention given to special 
        operations issues resulting from the increase in 
        responsibilities for the Assistant Secretary of Defense for 
        Special Operations and Low Intensity Conflict and Interdependent 
        Capabilities, including responsibility under the reorganization 
        for each of the following:
                    (A) Strategic capabilities.
                    (B) Forces transformation.
                    (C) Major budget programs.
            (8) The possible diffusion of attention from 
        counternarcotics, counterproliferation, and global threat issues 
        resulting from the merging of those responsibilities under a 
        single Deputy Assistant Secretary of Defense for 
        Counternarcotics, Counterproliferation, and Global Threats.
            (9) The impact of the reorganization on counternarcotics 
        program execution.
            (10) The unique placement under the reorganization of both 
        functional and regional issue responsibilities under the 
        Assistant Secretary of Defense for Homeland Defense and 
        Americas' Security Affairs.
            (11) The differentiation between the responsibilities of the 
        Deputy Assistant Secretary of Defense for Partnership Strategy 
        and the Deputy Assistant Secretary of Defense for Coalition 
        Affairs and the relationship between such officials.

SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.

    (a) In General.--Not later than 240 days after the date of the 
enactment of this Act, and annually thereafter until the date referred 
to in subsection (d), the Secretary of Defense, in conjunction with the 
Secretary of each military department, shall submit to the congressional 
defense committees a report on the foreign language proficiency of the 
personnel of the Department of Defense.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) the number of positions, identified by each foreign 
        language and dialect, for each military department and Defense 
        Agency concerned that--
                    (A) require proficiency in that foreign language or 
                dialect for the year in which the submission of the 
                report is required;
                    (B) are anticipated to require proficiency in that 
                foreign language or dialect for each of the five years 
                following the date of the submission of the report; and
                    (C) are authorized in the future-years defense plan 
                to be maintained for proficiency in a foreign language 
                or dialect;
            (2) the number of personnel for each military department and 
        Defense Agency, identified by each foreign language and dialect, 
        that are serving in a position that requires proficiency in the 
        foreign language or dialect--
                    (A) to perform the primary duty of the position; and
                    (B) that meet the required level of proficiency of 
                the Interagency Language Roundtable;

[[Page 122 STAT. 298]]

            (3) the number of personnel for each military department and 
        Defense Agency, identified by each foreign language and dialect, 
        that are recruited or hired as accessions to serve in a position 
        that requires proficiency in the foreign language or dialect;
            (4) the number of personnel for each military department and 
        Defense Agency, identified by each foreign language and dialect, 
        that served in a position that requires proficiency in the 
        foreign language or dialect and discontinued service during the 
        preceding calendar year;
            (5) the number of positions that require proficiency in a 
        foreign language or dialect that are fulfilled by contractors;
            (6) the percentage of work requiring linguistic skills that 
        is fulfilled by personnel of the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4))); and
            (7) an assessment of the foreign language capacity and 
        capabilities of each military department and Defense Agency and 
        of the Department of Defense as a whole.

    (c) Non-Military Personnel.--Except as provided in paragraphs (6) 
and (7) of subsection (b), a report submitted under subsection (a) shall 
cover only members of the Armed Forces on active duty and reserve duty 
assigned to the military departments concerned or to the Department of 
Defense.
    (d) Termination of Requirement.--The duty to submit a report under 
subsection (a) shall terminate on December 31, 2013.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

[[Page 122 STAT. 299]]

Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related 
           parts.

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

                      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

[[Page 122 STAT. 300]]

        year (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $5,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).

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

    (a) Fiscal Year 2008 Limitation.--The total amount contributed by 
the Secretary of Defense in fiscal year 2008 for the common-funded 
budgets of NATO may be any amount up to, but not in excess of, the 
amount specified in subsection (b) (rather than the maximum amount that 
would otherwise be applicable to those contributions under the fiscal 
year 1998 baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable under 
subsection (a) is the sum of the following:
            (1) The amounts of unexpended balances, as of the end of 
        fiscal year 2007, of funds appropriated for fiscal years before 
        fiscal year 2008 for payments for those budgets.
            (2) The amount specified in subsection (c)(1).
            (3) The amount specified in subsection (c)(2).
            (4) The total amount of the contributions authorized to be 
        made under section 2501.

    (c) Authorized Amounts.--Amounts authorized to be appropriated by 
titles II and III of this Act are available for contributions for the 
common-funded budgets of NATO as follows:
            (1) Of the amount provided in section 201(1), $1,031,000 for 
        the Civil Budget.
            (2) Of the amount provided in section 301(1), $362,159,000 
        for the Military Budget.

    (d) Definitions.--For purposes of this section:
            (1) Common-funded budgets of nato.--The term ``common-funded 
        budgets of NATO'' means the Military Budget, the Security 
        Investment Program, and the Civil Budget of the North Atlantic 
        Treaty Organization (and any successor or additional account or 
        program of NATO).

[[Page 122 STAT. 301]]

            (2) Fiscal year 1998 baseline limitation.--The term ``fiscal 
        year 1998 baseline limitation'' means the maximum annual amount 
        of Department of Defense contributions for common-funded budgets 
        of NATO that is set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the advice 
        and consent of the Senate to the ratification of the Protocols 
        to the North Atlantic Treaty of 1949 on the Accession of Poland, 
        Hungary, and the Czech Republic (as defined in section 4(7) of 
        that resolution), approved by the Senate on April 30, 1998.

SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL 
            APPROPRIATIONS FOR FISCAL YEAR 2007.

    Amounts authorized to be appropriated to the Department of Defense 
for fiscal year 2007 in the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364) are hereby adjusted, with 
respect to any such authorized amount, by the amount by which 
appropriations pursuant to such authorization are increased by a 
supplemental appropriation or by a transfer of funds, or decreased by a 
rescission, or any thereof, pursuant to the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110-28).

SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER AUTHORITY.

    Section 1001(a) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2371) is amended 
by adding at the end the following new paragraph:
            ``(3) Exception for certain transfers.--The following 
        transfers of funds shall be not be counted toward the limitation 
        in paragraph (2) on the amount that may be transferred under 
        this section:
                    ``(A) The transfer of funds to the Iraq Security 
                Forces Fund under reprogramming FY07-07-R PA.
                    ``(B) The transfer of funds to the Joint Improvised 
                Explosive Device Defeat Fund under reprogramming FY07-11 
                PA.
                    ``(C) The transfer of funds back from the accounts 
                referred to in subparagraphs (A) and (B) to restore the 
                sources used in the reprogrammings referred to in such 
                subparagraphs.''.

SEC. 1005. <<NOTE: 10 USC 2222 note.>>  FINANCIAL MANAGEMENT 
            TRANSFORMATION INITIATIVE FOR THE DEFENSE AGENCIES.

    (a) Financial Management Transformation Initiative.--
            (1) In general.--The Director of the Business Transformation 
        Agency of the Department of Defense shall carry out an 
        initiative for financial management transformation in the 
        Defense Agencies. The initiative shall be known as the ``Defense 
        Agencies Initiative'' (in this section referred to as the 
        ``Initiative'').
            (2) Scope of authority.--In carrying out the Initiative, the 
        Director of the Business Transformation Agency may require the 
        heads of the Defense Agencies to carry out actions that are 
        within the purpose and scope of the Initiative.

    (b) Purposes.--The purposes of Initiative shall be as follows:

[[Page 122 STAT. 302]]

            (1) To eliminate or replace financial management systems of 
        the Defense Agencies that are duplicative, redundant, or fail to 
        comply with the standards set forth in subsection (d).
            (2) To transform the budget, finance, and accounting 
        operations of the Defense Agencies to enable the Defense 
        Agencies to achieve accurate and reliable financial information 
        needed to support financial accountability and effective and 
        efficient management decisions.

    (c) Required Elements.--The Initiative shall include, to the maximum 
extent practicable--
            (1) the utilization of commercial, off-the-shelf 
        technologies and web-based solutions;
            (2) a standardized technical environment and an open and 
        accessible architecture; and
            (3) the implementation of common business processes, shared 
        services, and common data structures.

    (d) Standards.--In carrying out the Initiative, the Director of the 
Business Transformation Agency shall ensure that the Initiative is 
consistent with--
            (1) the requirements of the Business Enterprise Architecture 
        and Transition Plan developed pursuant to section 2222 of title 
        10, United States Code;
            (2) the Standard Financial Information Structure of the 
        Department of Defense;
            (3) the Federal Financial Management Improvement Act of 1996 
        (and the amendments made by that Act); and
            (4) other applicable requirements of law and regulation.

    (e) Scope.--The Initiative shall be designed to provide, at a 
minimum, capabilities in the major process areas for both general fund 
and working capital fund operations of the Defense Agencies as follows:
            (1) Budget formulation.
            (2) Budget to report, including general ledger and trial 
        balance.
            (3) Procure to pay, including commitments, obligations, and 
        accounts payable.
            (4) Order to fulfill, including billing and accounts 
        receivable.
            (5) Cost accounting.
            (6) Acquire to retire (account management).
            (7) Time and attendance and employee entitlement.
            (8) Grants financial management.

    (f) Consultation.--In carrying out subsections (d) and (e), the 
Director of the Business Transformation Agency shall consult with the 
Comptroller of the Department of Defense to ensure that any financial 
management systems developed for the Defense Agencies, and any changes 
to the budget, finance, and accounting operations of the Defense 
Agencies, are consistent with the financial standards and requirements 
of the Department of Defense.
    (g) Program Control.--In carrying out the Initiative, the Director 
of the Business Transformation Agency shall establish--
            (1) <<NOTE: Establishment.>>  a board (to be known as the 
        ``Configuration Control Board'') to manage scope and cost 
        changes to the Initiative; and
            (2) a program management office (to be known as the 
        ``Program Management Office'') to control and enforce 
        assumptions made in the acquisition plan, the cost estimate, and

[[Page 122 STAT. 303]]

        the system integration contract for the Initiative, as directed 
        by the Configuration Control Board.

    (h) <<NOTE: Deadlines.>> Plan on Development and Implementation of 
Initiative.--Not later than six months after the date of the enactment 
of this Act, the Director of the Business Transformation Agency shall 
submit to the congressional defense committees a plan for the 
development and implementation of the Initiative. The plan shall provide 
for the implementation of an initial capability under the Initiative as 
follows:
            (1) In at least one Defense Agency by not later than eight 
        months after the date of the enactment of this Act.
            (2) In not less than five Defense Agencies by not later than 
        18 months after the date of the enactment of this Act.

SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE 
            DEPARTMENT OF DEFENSE.

    Section 1405 of the Department of Defense Authorization Act, 1986 
(Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105 note) is repealed.

          Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. LIMITATION ON LEASING OF VESSELS.

    Section 2401 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) The Secretary of a military department may make a contract for 
the lease of a vessel or for the provision of a service through use by a 
contractor of a vessel, the term of which is for a period of greater 
than two years, but less than five years, only if--
            ``(1) <<NOTE: Notification.>> the Secretary has notified the 
        Committee on Armed Services and the Committee on Appropriations 
        of the Senate and the Committee on Armed Services and the 
        Committee on Appropriations of the House of Representatives of 
        the proposed contract and included in such notification--
                    ``(A) a detailed description of the terms of the 
                proposed contract and a justification for entering into 
                the proposed contract rather than obtaining the 
                capability provided for by the lease, charter, or 
                services involved through purchase of the vessel;
                    ``(B) a determination that entering into the 
                proposed contract as a means of obtaining the vessel is 
                the most cost-effective means of obtaining such vessel; 
                and
                    ``(C) a plan for meeting the requirement provided by 
                the proposed contract upon completion of the term of the 
                lease contract; and
            ``(2) a period of 30 days of continuous session of Congress 
        has expired following the date on which notice was received by 
        such committees.''.

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

    (a) Integrated Nuclear Power Systems.--It is the policy of the 
United States to construct the major combatant vessels

[[Page 122 STAT. 304]]

of the strike forces of the United States Navy, including all new 
classes of such vessels, with integrated nuclear power systems.
    (b) <<NOTE: Notification.>> Requirement To Request Nuclear 
Vessels.--If a request is submitted to Congress in the budget for a 
fiscal year for construction of a new class of major combatant vessel 
for the strike forces of the United States, the request shall be for 
such a vessel with an integrated nuclear power system, unless the 
Secretary of Defense submits with the request a notification to Congress 
that the inclusion of an integrated nuclear power system in such vessel 
is not in the national interest.

    (c) Definitions.--In this section:
            (1) Major combatant vessels of the strike forces of the 
        united states navy.--The term ``major combatant vessels of the 
        strike forces of the United States Navy'' means the following:
                    (A) Submarines.
                    (B) Aircraft carriers.
                    (C) Cruisers, battleships, or other large surface 
                combatants whose primary mission includes protection of 
                carrier strike groups, expeditionary strike groups, and 
                vessels comprising a sea base.
            (2) Integrated nuclear power system.--The term ``integrated 
        nuclear power system'' means a ship engineering system that uses 
        a naval nuclear reactor as its energy source and generates 
        sufficient electric energy to provide power to the ship's 
        electrical loads, including its combat systems and propulsion 
        motors.
            (3) Budget.--The term ``budget'' means the budget that is 
        submitted to Congress by the President under section 1105(a) of 
        title 31, United States Code.

                   Subtitle C--Counter-Drug Activities

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

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

SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR 
            COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN COUNTRIES.

    Subsection (b) of section 1033 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended 
by section 1021(b) of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136, 117 Stat. 1593) and section 1022(b) of 
the John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2382), is further amended by adding at 
the end the following new paragraphs:
            ``(17) The Government of Mexico.
            ``(18) The Government of the Dominican Republic.''.

[[Page 122 STAT. 305]]

SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF 
            HAITI.

    (a) <<NOTE: President.>> Report Required.--Not later than 120 days 
after the date of the enactment of this Act, the President shall submit 
to Congress a report on counternarcotics assistance for the Government 
of Haiti.

    (b) Matters to Be Included.--The report required by subsection (a) 
shall include the following:
            (1) A description and assessment of the counternarcotics 
        assistance provided to the Government of Haiti by the Department 
        of Defense, the Department of State, the Department of Homeland 
        Security, and the Department of Justice.
            (2) A description and assessment of any impediments to 
        increasing counternarcotics assistance to the Government of 
        Haiti.
            (3) An assessment of the potential for the provision of 
        counternarcotics assistance for the Government of Haiti through 
        the United Nations Stabilization Mission in Haiti.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

          Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO FOREIGN 
            MILITARY AND STATE AIRCRAFT.

    (a) Provision of Support and Services.--
            (1) In general.--Section 9626 of title 10, United States 
        Code, is amended to read as follows:

``Sec. 9626. Aircraft supplies and services: foreign military or other 
                        state aircraft

    ``(a) Provision of Supplies and Services on Reimbursable Basis.--(1) 
The Secretary of the Air Force may, under such regulations as the 
Secretary may prescribe and when in the best interests of the United 
States, provide any of the supplies or services described in paragraph 
(2) to military and other state aircraft of a foreign country, on a 
reimbursable basis without an advance of funds, if similar supplies and 
services are furnished on a like basis to military aircraft and other 
state aircraft of the United States by the foreign country concerned.
    ``(2) The supplies and services described in this paragraph are 
supplies and services as follows:
            ``(A) Routine airport services, including landing and 
        takeoff assistance, servicing aircraft with fuel, use of 
        runways, parking and servicing, and loading and unloading of 
        baggage and cargo.
            ``(B) Miscellaneous supplies, including Air Force-owned 
        fuel, provisions, spare parts, and general stores, but not 
        including ammunition.

    ``(b) Provision of Routine Airport Services on Non-Reimbursable 
Basis.--(1) Routine airport services may be provided under this section 
at no cost to a foreign country--
            ``(A) if such services are provided by Air Force personnel 
        and equipment without direct cost to the Air Force; or

[[Page 122 STAT. 306]]

            ``(B) if such services are provided under an agreement with 
        the foreign country that provides for the reciprocal furnishing 
        by the foreign country of routine airport services, as defined 
        in that agreement, to military and other state aircraft of the 
        United States without reimbursement.

    ``(2) If routine airport services are provided under this section by 
a working-capital fund activity of the Air Force under section 2208 of 
this title and such activity is not reimbursed directly for the costs 
incurred by the activity in providing such services by reason of 
paragraph (1)(B), the working-capital fund activity shall be reimbursed 
for such costs out of funds currently available to the Air Force for 
operation and maintenance.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 939 of such title is amended by striking 
        the item relating to section 9626 and inserting the following 
        new item:

``9626. Aircraft supplies and services: foreign military or other state 
           aircraft.''.

    (b) Conforming Amendment.--Section 9629(3) of such title is amended 
by striking ``for aircraft of a foreign military or air attache''.

SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC AIRLIFT 
            CAPABILITY PARTNERSHIP.

    (a) Authority To Participate in Partnership.--
            (1) Memorandum of understanding.--The Secretary of Defense 
        may enter into a multilateral memorandum of understanding 
        authorizing the Strategic Airlift Capability Partnership to 
        conduct activities necessary to accomplish its purpose, 
        including--
                    (A) the acquisition, equipping, ownership, and 
                operation of strategic airlift aircraft; and
                    (B) the acquisition or transfer of airlift and 
                airlift-related services and supplies among members of 
                the Strategic Airlift Capability Partnership, or between 
                the Partnership and non-member countries or 
                international organizations, on a reimbursable basis or 
                by replacement-in-kind or exchange of airlift or 
                airlift-related services of an equal value.
            (2) Payments.--From funds available to the Department of 
        Defense for such purpose, the Secretary of Defense may pay the 
        United States equitable share of the recurring and non-recurring 
        costs of the activities and operations of the Strategic Airlift 
        Capability Partnership, including costs associated with 
        procurement of aircraft components and spare parts, maintenance, 
        facilities, and training, and the costs of claims.

    (b) Authorities Under Partnership.--In carrying out the memorandum 
of understanding entered into under subsection (a), the Secretary of 
Defense may do the following:
            (1) Waive reimbursement of the United States for the cost of 
        the following functions performed by Department of Defense 
        personnel with respect to the Strategic Airlift Capability 
        Partnership:
                    (A) Auditing.
                    (B) Quality assurance.
                    (C) Inspection.
                    (D) Contract administration.

[[Page 122 STAT. 307]]

                    (E) Acceptance testing.
                    (F) Certification services.
                    (G) Planning, programming, and management services.
            (2) Waive the imposition of any surcharge for administrative 
        services provided by the United States that would otherwise be 
        chargeable against the Strategic Airlift Capability Partnership.
            (3) Pay the salaries, travel, lodging, and subsistence 
        expenses of Department of Defense personnel assigned for duty to 
        the Strategic Airlift Capability Partnership without seeking 
        reimbursement or cost-sharing for such expenses.

    (c) Crediting of Receipts.--Any amount received by the United States 
in carrying out the memorandum of understanding entered into under 
subsection (a) shall be credited, as elected by the Secretary of 
Defense, to the following:
            (1) The appropriation, fund, or account used in incurring 
        the obligation for which such amount is received.
            (2) An appropriation, fund, or account currently providing 
        funds for the purposes for which such obligation was made.

    (d) Authority To Transfer Aircraft.--
            (1) Transfer authority.--The Secretary of Defense may 
        transfer one strategic airlift aircraft to the Strategic Airlift 
        Capability Partnership in accordance with the terms and 
        conditions of the memorandum of understanding entered into under 
        subsection (a).
            (2) Report.--Not later than 30 days before the date on which 
        the Secretary transfers a strategic airlift aircraft under 
        paragraph (1), the Secretary shall submit to the congressional 
        defense committees a report on the strategic airlift aircraft to 
        be transferred, including the type of strategic airlift aircraft 
        to be transferred and the tail registration or serial number of 
        such aircraft.

    (e) Strategic Airlift Capability Partnership Defined.--In this 
section the term ``Strategic Airlift Capability Partnership'' means the 
strategic airlift capability consortium established by the United States 
and other participating countries.

SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN 
            COMBATING TERRORISM.

    (a) Increased Amounts.--Section 127b of title 10, United States 
Code, is amended--
            (1) in subsection (b), by striking ``$200,000'' and 
        inserting ``$5,000,000'';
            (2) in subsection (c)(1)(B), by striking ``$50,000'' and 
        inserting ``$1,000,000''; and
            (3) in subsection (d)(2), by striking ``$100,000'' and 
        inserting ``$2,000,000''.

    (b) Involvement of Allied Forces.--Such section is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting after ``United States Government personnel'' 
                the following: ``, or government personnel of allied 
                forces participating in a combined operation with the 
                armed forces,'';
                    (B) in paragraph (1), by inserting after ``armed 
                forces'' the following: ``, or of allied forces 
                participating in a combined operation with the armed 
                forces,''; and

[[Page 122 STAT. 308]]

                    (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) <<NOTE: Procedures. Effective date.>> The Secretary of Defense 
shall prescribe policies and procedures for making rewards in the manner 
described in subparagraph (A), which shall include guidance for the 
accountability of funds used for making rewards in that manner. The 
policies and procedures shall not take effect until 30 days after the 
date on which the Secretary submits the policies and procedures to the 
congressional defense committees. Rewards may not be made in the manner 
described in subparagraph (A) except under policies and procedures that 
have taken effect.

    ``(C) Rewards may not be made in the manner described in 
subparagraph (A) after September 30, 2009.
    ``(D) <<NOTE: Deadline. Reports.>> Not later than April 1, 2008, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of this paragraph. The report 
shall identify each reward made in the manner described in subparagraph 
(A) and, for each such reward--
            ``(i) identify the type, amount, and recipient of the 
        reward;
            ``(ii) explain the reason for making the reward; and
            ``(iii) assess the success of the reward in advancing the 
        effort to combat terrorism.''.

    (c) Annual Report to Include Specific Information on Additional 
Authority.--Section 127b of title 10, United States Code, is further 
amended in subsection (f)(2) by adding at the end the following new 
subparagraph:
            ``(D) Information on the implementation of paragraph (3) of 
        subsection (c).''.

SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL 
            FOR CHEMICAL AGENT DEFENSE.

    (a) Authority to Provide Toxic Chemicals or Precursors.--
            (1) In general.--The Secretary of Defense, in coordination 
        with the heads of other elements of the Federal Government, may 
        make available, to a State, a unit of local government, or a 
        private entity incorporated in the United States, small 
        quantities of a toxic chemical or precursor for the development 
        or testing, in the United States, of material that is designed 
        to be used for protective purposes.
            (2) Terms and conditions.--Any use of the authority under 
        paragraph (1) shall be subject to such terms and conditions as 
        the Secretary considers appropriate.

    (b) Payment of Costs and Disposition of Funds.--
            (1) In general.--The Secretary shall ensure, through the 
        advance payment required by paragraph (2) and through any other 
        payments that may be required, that a recipient of toxic 
        chemicals or precursors under subsection (a) pays for all actual 
        costs, including direct and indirect costs, associated with 
        providing the toxic chemicals or precursors.
            (2) Advance payment.--In carrying out paragraph (1), the 
        Secretary shall require each recipient to make an advance

[[Page 122 STAT. 309]]

        payment in an amount that the Secretary determines will equal 
        all such actual costs.
            (3) Credits.--A payment received under this subsection shall 
        be credited to the account that was used to cover the costs for 
        which the payment was provided. Amounts so credited shall be 
        merged with amounts in that account, and shall be available for 
        the same purposes, and subject to the same conditions and 
        limitations, as other amounts in that account.

    (c) Chemical Weapons Convention.--The Secretary shall ensure that 
toxic chemicals and precursors are made available under this section for 
uses and in quantities that comply with the Convention on the 
Prohibition of the Development, Production, Stockpiling and Use of 
Chemical Weapons and on Their Destruction, signed at Paris on January 
13, 1993, and entered into force with respect to the United States on 
April 29, 1997.
    (d) Report.--
            (1) Not later than March 15, 2008, and each year thereafter, 
        the Secretary shall submit to Congress a report on the use of 
        the authority under subsection (a) during the previous calendar 
        year. The report shall include a description of each use of the 
        authority and specify what material was made available and to 
        whom it was made available.
            (2) Each report under paragraph (1) shall be submitted in 
        unclassified form, but may include a classified annex.

    (e) Definitions.--In this section, the terms ``precursor'', 
``protective purposes'', and ``toxic chemical'' have the meanings given 
those terms in the convention referred to in subsection (c), in 
paragraph 2, paragraph 9(b), and paragraph 1, respectively, of article 
II of that convention.

SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND RELATED 
            PARTS.

    (a) Prohibition on Sale by Department of Defense.--
            (1) In general.--Except as provided in paragraph (2), the 
        Department of Defense may not sell (whether directly or 
        indirectly) any F-14 fighter aircraft, any parts unique to the 
        F-14 fighter aircraft, or any tooling or dies used in the 
        manufacture of such aircraft or parts, whether such sales occur 
        through the Defense Reutilization and Marketing Service or 
        through another agency or element of the Department.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to the sale of F-14 fighter aircraft or parts for F-14 fighter 
        aircraft to a museum or similar organization located in the 
        United States that is involved in the preservation of F-14 
        fighter aircraft for historical purposes.

    (b) Prohibition on Export License.--No license for the export of any 
F-14 fighter aircraft, any parts unique to the F-14 fighter aircraft, or 
any tooling or dies used in the manufacture of such aircraft or parts 
may be issued by the United States Government to a non-United States 
person or entity.

[[Page 122 STAT. 310]]

                           Subtitle E--Reports

SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED AND 
            DEEPLY BURIED TARGETS.

    Section 1032 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2643; 10 U.S.C. 2358 
note) is amended--
            (1) in the heading, by striking ``annual report on weapons'' 
        and inserting ``report on weapons and capabilities'';
            (2) in subsection (a)--
                    (A) in the heading, by striking ``Annual'';
                    (B) by striking ``April 1 of each year'' and 
                inserting ``March 1, 2009, and every two years 
                thereafter,'';
                    (C) by striking ``Director of Central Intelligence'' 
                and inserting ``Director of National Intelligence'';
                    (D) by striking ``the preceding fiscal year'' and 
                inserting ``the preceding two fiscal years and planned 
                for the current fiscal year and the next fiscal year''; 
                and
                    (E) by striking ``to develop weapons'' and inserting 
                ``to develop weapons and capabilities'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The report for a fiscal year'' and inserting 
                ``A report submitted'';
                    (B) in paragraph (1), by striking ``were undertaken 
                during that fiscal year'' and inserting ``were or will 
                be undertaken during the four-fiscal-year period covered 
                by the report''; and
                    (C) in paragraph (2) in the matter preceding 
                subparagraph (A), by striking ``were undertaken during 
                such fiscal year'' and inserting ``were or will be 
                undertaken during the four-fiscal-year period covered by 
                the report''; and
            (4) in subsection (d), by striking ``April 1, 2007'' and 
        inserting ``March 1, 2013''.

SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES.

    (a) Report Required.--Not later than December 31, 2008, the 
Secretary of Defense shall submit to the congressional defense 
committees a report that describes current and planned joint modeling 
and simulation activities within the Department of Defense.
    (b) Matters to Be Included.--The report under subsection (a) shall 
include the following:
            (1) An identification and description of how joint modeling 
        and simulation activities support the development of 
        capabilities to meet joint and service-unique military 
        requirements and needs, in areas including but not limited to 
        joint training, experimentation, systems acquisition, test and 
        evaluation, assessment, and planning.
            (2) A description of how joint modeling and simulation 
        activities are supportive of Department-level strategies and 
        goals.
            (3) For each appropriate element of the Department of 
        Defense and each appropriate combatant command--

[[Page 122 STAT. 311]]

                    (A) An identification of modeling and simulation 
                capabilities; and
                    (B) A description of plans and programs to 
                continuously introduce new modeling and simulation 
                technologies so as to enhance defense capabilities.
            (4) A description of incentives and plans to reduce or 
        divest duplicative or outdated capabilities as necessary.
            (5) Plans or activities to allow non-defense users to access 
        defense joint modeling and simulation activities, as 
        appropriate.
            (6) Budget and resource estimates, including government and 
        contractor personnel requirements, for planned joint modeling 
        and simulation activities.
            (7) A description of the relationship and coordination 
        between and among joint modeling and simulation activities and 
        the modeling and simulation activities of elements of the 
        Department of Defense, Federal agencies, State and local 
        governments, academia, private industry, United States and 
        international standards organizations, and international 
        partners.
            (8) Any other matters the Secretary considers appropriate.

    (c) Consultation.--The report under (a) shall be developed in 
consultation with appropriate military departments, Defense Agencies, 
combatant commands, and other defense activities.

SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE 
            CAPABILITY.

    Section 1032(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605; 10 U.S.C. 113 
note) is amended by inserting ``and each of 2007, 2008, and 2009,'' 
after ``2004, 2005, and 2006,''.

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE NUCLEAR MISSIONS 
            OF THE NAVY AND THE DEPARTMENT OF ENERGY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
Energy shall each submit to Congress a report on the requirements for a 
workforce to support the nuclear missions of the Navy and the Department 
of Energy during the 10-year period beginning on the date of the report.
    (b) Elements.--Each report shall include--
            (1) a description of the projected nuclear missions of the 
        Navy and the Department of Energy during the 10-year period 
        beginning on the date of the report;
            (2) an assessment of existing knowledge retention programs 
        within the Department of Defense, the Department of Energy, the 
        national laboratories, and federally funded research facilities 
        that support the nuclear missions of the Navy and the Department 
        of Energy, and any planned changes in those programs; and
            (3) a plan to address anticipated workforce attrition, 
        retirement, and recruiting trends during that period and ensure 
        an adequate workforce in support of the nuclear missions of the 
        Navy and the Department of Energy.

[[Page 122 STAT. 312]]

SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND ACCOUNTING 
            SERVICE RESPONSE TO BUTTERBAUGH V. DEPARTMENT OF JUSTICE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees a report setting 
forth an assessment by the Comptroller General of the response of the 
Defense Finance and Accounting Service to the decision in Butterbaugh v. 
Department of Justice (336 F.3d 1332 (2003)).
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An estimate of the number of members of the reserve 
        components of the Armed Forces, both past and present, who are 
        entitled to compensation under the decision in Butterbaugh v. 
        Department of Justice.
            (2) An assessment of the current policies, procedures, and 
        timeliness of the Defense Finance and Accounting Service in 
        implementing and resolving claims under the decision in 
        Butterbaugh v. Department of Justice.
            (3) An assessment whether or not the decisions made by the 
        Defense Finance and Accounting Service in implementing the 
        decision in Butterbaugh v. Department of Justice follow a 
        consistent pattern of resolution.
            (4) An assessment of whether or not the decisions made by 
        the Defense Finance and Accounting Service in implementing the 
        decision in Butterbaugh v. Department of Justice are resolving 
        claims by providing more compensation than an individual has 
        been able to prove, under the rule of construction that laws 
        providing benefits to veterans are liberally construed in favor 
        of the veteran.
            (5) An estimate of the total amount of compensation payable 
        to members of the reserve components of the Armed Forces, both 
        past and present, as a result of the recent decision in 
        Hernandez v. Department of the Air Force (No. 2006-3375, slip 
        op.) that leave can be reimbursed for Reserve service before 
        1994, when Congress enacted chapter 43 of title 38, United 
        States Code (commonly referred to as the ``Uniformed Services 
        Employment and Reemployment Rights Act'').
            (6) A comparative assessment of the handling of claims by 
        the Defense Finance and Accounting Service under the decision in 
        Butterbaugh v. Department of Justice with the handling of claims 
        by other Federal agencies (selected by the Comptroller General 
        for purposes of the comparative assessment) under that decision.
            (7) A statement of the number of claims by members of the 
        reserve components of the Armed Forces under the decision in 
        Butterbaugh v. Department of Justice that have been adjudicated 
        by the Defense Finance and Accounting Service.
            (8) A statement of the number of claims by members of the 
        reserve components of the Armed Forces under the decision in 
        Butterbaugh v. Department of Justice that have been denied by 
        the Defense Finance and Accounting Service.
            (9) A comparative assessment of the average amount of time 
        required for the Defense Finance and Accounting Service to 
        resolve a claim under the decision in Butterbaugh v. Department 
        of Justice with the average amount of time required

[[Page 122 STAT. 313]]

        by other Federal agencies (as so selected) to resolve a claim 
        under that decision.
            (10) A comparative statement of the backlog of claims with 
        the Defense Finance and Accounting Service under the decision in 
        Butterbaugh v. Department of Justice with the backlog of claims 
        of other Federal agencies (as so selected) under that decision.
            (11) An estimate of the amount of time required for the 
        Defense Finance and Accounting Service to resolve all 
        outstanding claims under the decision in Butterbaugh v. 
        Department of Justice.
            (12) An assessment of the reasonableness of the requirement 
        of the Defense Finance and Accounting Service for the submittal 
        by members of the reserve components of the Armed Forces of 
        supporting documentation for claims under the decision in 
        Butterbaugh v. Department of Justice.
            (13) A comparative assessment of the requirement of the 
        Defense Finance and Accounting Service for the submittal by 
        members of the reserve components of the Armed Forces of 
        supporting documentation for claims under the decision in 
        Butterbaugh v. Department of Justice with the requirement of 
        other Federal agencies (as so selected) for the submittal by 
        such members of supporting documentation for such claims.
            (14) Such recommendations for legislative action as the 
        Comptroller General considers appropriate in light of the 
        decision in Butterbaugh v. Department of Justice and the 
        decision in Hernandez v. Department of the Air Force.

SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.

    (a) Study Required.--The Secretary of Defense shall conduct a 
requirements-based study on alternatives for the proper size and mix of 
fixed-wing intratheater and intertheater airlift assets to meet the 
National Military Strategy for each of the following timeframes: fiscal 
year 2012, 2018, and 2024. The study shall--
            (1) focus on organic and commercially programmed airlift 
        capabilities;
            (2) analyze the full-spectrum lifecycle costs of the various 
        alternatives for organic models of each of the following 
        aircraft: C-5A/B/C/M, C-17A, KC-X, KC-10, KC-135R, C-130E/H/J, 
        Joint Cargo Aircraft; and
            (3) incorporate the augmentation capability, viability, and 
        feasibility of the Civil Reserve Air Fleet during activation 
        stages I, II, and III.

    (b) Use of Ffrdc.--The Secretary shall select, to carry out the 
study required by subsection (a), a federally funded research and 
development center that has experience and expertise in conducting 
similar studies.
    (c) <<NOTE: Deadlines.>> Study Plan.--The study required by 
subsection (a) shall be carried out under a study plan. The study plan 
shall be developed as follows:
            (1) The center selected under subsection (b) shall develop 
        the study plan and shall, not later than 60 days after the date 
        of enactment of this Act, submit the study plan to the 
        congressional defense committees, the Secretary, and the 
        Comptroller General of the United States.
            (2) The Comptroller General shall review the study plan to 
        determine whether it is complete and objective, and whether

[[Page 122 STAT. 314]]

        it has any flaws or weaknesses in scope or methodology, and 
        shall, not later than 30 days after receiving the study plan, 
        submit to the Secretary and the center a report that contains 
        the results of that review and provides any recommendations that 
        the Comptroller General considers appropriate for improvements 
        to the study plan.
            (3) The center shall modify the study plan to incorporate 
        the recommendations under paragraph (2) and shall, not later 
        than 45 days after receiving that report, submit to the 
        Secretary and the congressional defense committees a report on 
        those modifications. The report shall describe each modification 
        and, if the modifications do not incorporate one or more of the 
        recommendations, shall explain the reasons for not doing so.

    (d) Elements of Study Plan.--The study plan required by subsection 
(c) shall address, at minimum, the following:
            (1) A description of lift requirements and operating 
        profiles for airlift aircraft required to meet the National 
        Military Strategy, including assumptions regarding the 
        following:
                    (A) Current and future military combat and support 
                missions.
                    (B) The planned force structure growth of the 
                military services.
                    (C) Potential changes in lift requirements, 
                including the deployment of the Future Combat Systems by 
                the Army.
                    (D) New capability in airlift to be provided by the 
                KC(X) aircraft and the expected utilization of such 
                capability, including its use in intratheater lift.
                    (E) The utilization of intertheater lift aircraft in 
                intratheater combat mission support roles.
                    (F) The availability and application of Civil 
                Reserve Air Fleet assets in future military scenarios.
                    (G) Air mobility requirements associated with the 
                Global Rebasing Initiative of the Department of Defense.
                    (H) Air mobility requirements in support of 
                worldwide peacekeeping and humanitarian missions.
                    (I) Air mobility requirements in support of homeland 
                defense and national emergencies.
                    (J) The viability and capability of the Civil 
                Reserve Air Fleet to augment organic forces in both 
                friendly and hostile environments.
                    (K) An assessment of the Civil Reserve Air Fleet to 
                adequately augment the organic fleet as it relates to 
                commercial inventory management restructuring in 
                response to future commercial markets, streamlining of 
                operations, efficiency measures, or downsizing of the 
                participant.
            (2) An evaluation of the state of the current airlift fleet 
        of the Air Force, including assessments of the following:
                    (A) The extent to which the increased use of airlift 
                aircraft in on-going operations is affecting the 
                programmed service life of the aircraft of that fleet.
                    (B) The adequacy of the current airlift force, 
                including whether or not a minimum of 299 strategic 
                airlift aircraft for the Air Force is sufficient to 
                support future expeditionary combat and non-combat 
                missions, as well as domestic and training mission 
                demands consistent with

[[Page 122 STAT. 315]]

                the requirements of meeting the National Military 
                Strategy.
                    (C) The optimal mix of C-5 and C-17 aircraft for the 
                strategic airlift fleet of the Air Force, to include the 
                following:
                          (i) The cost-effectiveness of modernizing 
                      various iterations of the C-5A and C-5B/C aircraft 
                      fleet versus procuring additional C-17 aircraft.
                          (ii) The military capability, operational 
                      availability, usefulness, and service life of the 
                      C-5A/B/C/M aircraft and the C-17 aircraft. Such an 
                      assessment shall examine appropriate metrics, such 
                      as aircraft availability rates, departure rates, 
                      and mission capable rates, in each of the 
                      following cases:
                                    (I) Completion of the Avionics 
                                Modernization Program and the 
                                Reliability Enhancement and Re-engining 
                                Program.
                                    (II) Partial completion of the 
                                Avionics Modernization Program and the 
                                Reliability Enhancement and Re-engining 
                                Program, with partial completion of 
                                either such program being considered the 
                                point at which the continued execution 
                                of each program is no longer supported 
                                by the cost-effectiveness analysis.
                          (iii) At what specific fleet inventory for 
                      each organic aircraft, to include air refueling 
                      aircraft used in the airlift role, would it impede 
                      the ability of Civil Reserve Air Fleet 
                      participants to remain a viable augmentation 
                      option.
                    (D) An analysis and assessment of the lessons that 
                may be learned from the experience of the Air Force in 
                restarting the production line for the C-5 aircraft 
                after having closed the line for several years, and 
                recommendations for the actions that the Department of 
                Defense should take to ensure that the production line 
                for the C-17 aircraft could be restarted if necessary, 
                including--
                          (i) an analysis of the methods that were used 
                      and costs that were incurred in closing and re-
                      opening the production line for the C-5 aircraft;
                          (ii) an assessment of the methods and actions 
                      that should be employed and the expected costs and 
                      risks of closing and re-opening the production 
                      line for the C-17 aircraft in view of that 
                      experience.
                Such analysis and assessment should deal with issues 
                such as production work force, production facilities, 
                tooling, industrial base suppliers, contractor logistics 
                support versus organic maintenance, and diminished 
                manufacturing sources.
                    (E) Assessing the military capability, operational 
                availability, usefulness, service life and optimal mix 
                of intra-theater airlift aircraft, to include--
                          (i) the cost-effectiveness of procuring the 
                      Joint Cargo Aircraft versus procuring additional 
                      C-130J or refurbishing C-130E/H platforms to meet 
                      intra-theater airlift requirements of the 
                      combatant commander and component commands; and

[[Page 122 STAT. 316]]

                          (ii) the cost-effectiveness of procuring 
                      additional C-17 aircraft versus procuring 
                      additional C-130J platforms or refurbishing C-
                      130E/H platforms to meet intra-theater airlift 
                      requirements of the combatant commander and 
                      component commands.
            (3) Each analysis required by paragraph (2) shall include--
                    (A) a description of the assumptions and sensitivity 
                analysis utilized in the study regarding aircraft 
                performances and cargo loading factors; and
                    (B) a comprehensive statement of the data and 
                assumptions utilized in making the program life cycle 
                cost estimates and a comparison of cost and risk 
                associated with the optimally mixed fleet of airlift 
                aircraft versus the program of record airlift aircraft 
                fleet.

    (e) Utilization of Other Studies.--The study required by subsection 
(a) shall build upon the results of the 2005 Mobility Capabilities 
Studies, the on-going Intra-theater Airlift Fleet Mix Analysis, the 
Intra-theater Lift Capabilities Study, the Joint Future Theater Airlift 
Capabilities Analysis, and other appropriate studies and analyses, such 
as Fleet Viability Board Reports or special aircraft assessments. The 
study shall also include any testing data collected on modernization, 
recapitalization, and upgrade efforts of current organic aircraft.
    (f) Collaboration With United States Transportation Command.--In 
conducting the study required by subsection (a) and preparing the report 
required by subsection (c)(3), the center shall collaborate with the 
commander of the United States Transportation Command.
    (g) Collaboration With Cost Analysis Improvement Group.--In 
conducting the study required by subsection (a) and constructing the 
analysis required by subsection (a)(2), the center shall collaborate 
with the Cost Analysis Improvement Group of the Department of Defense.
    (h) Report.--Not later than January 10, 2009, the center selected 
under subsection (b) shall submit to the Secretary and the congressional 
defense committees a report on the study required by subsection (a). The 
report shall be submitted in unclassified form, but shall include a 
classified annex.

SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC MILITARY 
            AVIATION NATIONAL TRAINING CENTER.

    (a) In General.--Not later than June 1, 2008, the Secretary of 
Defense shall submit to the congressional defense committees a report to 
determine the feasibility of establishing a Border State Aviation 
Training Center (BSATC) to support the current and future requirements 
of the existing RC-26 training site for counterdrug activities, located 
at the Fixed Wing Army National Guard Aviation Training Site (FWAATS), 
including the domestic reconnaissance and surveillance missions of the 
National Guard in support of local, State, and Federal law enforcement 
agencies, provided that the activities to be conducted at the BSATC 
shall not duplicate or displace any activity or program at the RC-26 
training site or the FWAATS.
    (b) Content.--The report required under subsection (a) shall--
            (1) examine the current and past requirements of RC-26 
        aircraft in support of local, State, and Federal law enforcement 
        and determine the number of additional aircraft required

[[Page 122 STAT. 317]]

        to provide such support for each State that borders Canada, 
        Mexico, or the Gulf of Mexico;
            (2) determine the number of military and civilian personnel 
        required to run a RC-26 domestic training center meeting the 
        requirements identified under paragraph (1);
            (3) determine the requirements and cost of locating such a 
        training center at a military installation for the purpose of 
        preempting and responding to security threats and responding to 
        crises; and
            (4) include a comprehensive review of the number and type of 
        intelligence, reconnaissance, and surveillance platforms needed 
        for the National Guard to effectively provide domestic 
        operations and civil support (including homeland defense and 
        counterdrug) to local, State, and Federal law enforcement and 
        first responder entities and how those platforms would provide 
        additional capabilities not currently available from the assets 
        of other local, State, and Federal agencies.

    (c) Consultation.--In preparing the report required under subsection 
(a), the Secretary of Defense shall consult with the Adjutant General of 
each State that borders Canada, Mexico, or the Gulf of Mexico, the 
Adjutant General of the State of West Virginia, and the National Guard 
Bureau.

SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET PAD 
            SUSPENSION SYSTEMS.

    (a) In General.--The Secretary of Defense shall carry out a limited 
field user evaluation and operational assessment of qualified combat 
helmet pad suspension systems. The evaluation and assessment shall be 
carried out using verified product representative samples from combat 
helmet pad suspension systems that are qualified as of the date of the 
enactment of this Act.
    (b) Report.--Not later than September 30, 2008, the Secretary shall 
submit to the congressional defense committees a report on the results 
of the limited field user evaluation and operational assessment.
    (c) Funding.--The limited field user evaluation and operational 
assessment required by subsection (a) shall be conducted using funds 
appropriated pursuant to an authorization of appropriations or otherwise 
made available for fiscal year 2008 for operation and maintenance, Army, 
for soldier protection and safety.

SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.

    (a) <<NOTE: Deadline.>> Study Required.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall enter into an agreement with an independent, non-profit, non-
partisan organization to conduct a study on the national security 
interagency system.

    (b) Report.--The agreement entered into under subsection (a) shall 
require the organization to submit to Congress and the President a 
report containing the results of the study conducted pursuant to such 
agreement and any recommendations for changes to the national security 
interagency system (including legislative or regulatory changes) 
identified by the organization as a result of the study.
    (c) Submittal Date.--The agreement entered into under subsection (a) 
shall require the organization to submit the report required under 
subsection (a) not later than September 1, 2008.

[[Page 122 STAT. 318]]

    (d) National Security Interagency System Defined.--In this section, 
the term ``national security interagency system'' means the structures, 
mechanisms, and processes by which the departments, agencies, and 
elements of the Federal Government that have national security missions 
coordinate and integrate their policies, capabilities, expertise, and 
activities to accomplish such missions.
    (e) Funding.--Of the amount authorized to be appropriated by section 
301(5) for operation and maintenance for Defense-wide activities, not 
more than $3,000,000 may be available to carry out this section.

SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.

    (a) Report.--Not later than 190 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the status, capability, viability, and 
capacity of the solid rocket motor industrial base in the United States.
    (b) Content.--The report required under subsection (a) shall include 
the following:
            (1) An assessment of the ability to maintain the Minuteman 
        III intercontinental ballistic missile through its planned 
        operational life.
            (2) An assessment of the ability to maintain the Trident II 
        D-5 submarine launched ballistic missile through its planned 
        operational life.
            (3) An assessment of the ability to maintain all other space 
        launch, missile defense, and other vehicles with solid rocket 
        motors, through their planned operational lifetimes.
            (4) An assessment of the ability to support projected future 
        requirements for vehicles with solid rocket motors to support 
        space launch, missile defense, or any range of ballistic 
        missiles determined to be necessary to meet defense needs or 
        other requirements of the United States Government.
            (5) An assessment of the required materials, the supplier 
        base, the production facilities, and the production workforce 
        needed to ensure that current and future requirements could be 
        met.
            (6) An assessment of the adequacy of the current and 
        projected industrial base support programs to support the full 
        range of projected future requirements identified in paragraph 
        (4).

SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE 
            ARMED FORCES WHO DIED IN THE AIR CRASH IN BAKERS CREEK, 
            AUSTRALIA, AND ESTABLISHMENT OF OTHER MEMORIALS IN ARLINGTON 
            NATIONAL CEMETERY.

    (a) Bakers Creek Memorial.--Not later than April 1, 2008, the 
Secretary of the Army shall submit to the Committee on Armed Services 
and the Committee on Veterans' Affairs of the House of Representatives 
and the Committee on Armed Services and the Committee on Veterans' 
Affairs of the Senate a report containing a discussion of locations 
outside of Arlington National Cemetery that would serve as a suitable 
location for the establishment of a memorial to honor the memory of the 
40 members of the Armed Forces of the United States who lost their lives 
in the air crash at Bakers Creek, Australia, on June 14, 1943.

[[Page 122 STAT. 319]]

    (b) Memorials in Arlington National Cemetery.--Not later than April 
1, 2008, the Secretary of the Army shall submit to the congressional 
committees specified in subsection (a) a report containing--
            (1) recommendations to implement the results of the study 
        regarding proposals for the construction of new memorials in 
        Arlington National Cemetery that was conducted pursuant to 
        section 2897 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
        Stat. 2157); and
            (2) proposed legislation, if necessary, to implement the 
        results of the study.

                        Subtitle F--Other Matters

SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL 
            AGENCIES.

    Section 377 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``To the extent'' and 
        inserting ``Subject to subsection (c), to the extent''; and
            (2) by striking subsection (b) and inserting the following 
        new subsections:

    ``(b)(1) Subject to subsection (c), the Secretary of Defense shall 
require a Federal agency to which law enforcement support or support to 
a national special security event is provided by National Guard 
personnel performing duty under section 502(f) of title 32 to reimburse 
the Department of Defense for the costs of that support, notwithstanding 
any other provision of law. No other provision of this chapter shall 
apply to such support.
    ``(2) Any funds received by the Department of Defense under this 
subsection as reimbursement for support provided by personnel of the 
National Guard shall be credited, at the election of the Secretary of 
Defense, to the following:
            ``(A) The appropriation, fund, or account used to fund the 
        support.
            ``(B) The appropriation, fund, or account currently 
        available for reimbursement purposes.

    ``(c) An agency to which support is provided under this chapter or 
section 502(f) of title 32 is not required to reimburse the Department 
of Defense for such support if the Secretary of Defense waives 
reimbursement. <<NOTE: Waiver authority.>> The Secretary may waive the 
reimbursement requirement under this subsection if such support--
            ``(1) is provided in the normal course of military training 
        or operations; or
            ``(2) results in a benefit to the element of the Department 
        of Defense or personnel of the National Guard providing the 
        support that is substantially equivalent to that which would 
        otherwise be obtained from military operations or training.''.

SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE 
            UNITED STATES.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Congressional Commission on the Strategic Posture of the 
United States''. The purpose of the commission is to examine and make 
recommendations with respect to the long-term strategic posture of the 
United States.

[[Page 122 STAT. 320]]

    (b) Composition.--
            (1) Membership.--The commission shall be composed of 12 
        members appointed as follows:
                    (A) Three by the chairman of the Committee on Armed 
                Services of the House of Representatives.
                    (B) Three by the ranking minority member of the 
                Committee on Armed Services of the House of 
                Representatives.
                    (C) Three by the chairman of the Committee on Armed 
                Services of the Senate.
                    (D) Three by the ranking minority member of the 
                Committee on Armed Services of the Senate.
            (2) Chairman; vice chairman.--
                    (A) Chairman.--The chairman of the Committee on 
                Armed Services of the House of Representatives and the 
                chairman of the Committee on Armed Services of the 
                Senate shall jointly designate one member of the 
                commission to serve as chairman of the commission.
                    (B) Vice chairman.--The ranking minority member of 
                the Committee on Armed Services of the House of 
                Representatives and the ranking minority member of the 
                Committee on Armed Services of the Senate shall jointly 
                designate one member of the commission to serve as vice 
                chairman of the commission.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the commission. Any vacancy in the 
        commission shall be filled in the same manner as the original 
        appointment.

    (c) Duties.--
            (1) Review.--The commission shall conduct a review of the 
        strategic posture of the United States, including a strategic 
        threat assessment and a detailed review of nuclear weapons 
        policy, strategy, and force structure.
            (2) Assessment and recommendations.--
                    (A) Assessment.--The commission shall assess the 
                benefits and risks associated with the current strategic 
                posture and nuclear weapons policies of the United 
                States.
                    (B) Recommendations.--The commission shall make 
                recommendations as to the most appropriate strategic 
                posture and most effective nuclear weapons strategy.

    (d) Cooperation From Government.--
            (1) Cooperation.--In carrying out its duties, the commission 
        shall receive the full and timely cooperation of the Secretary 
        of Defense, the Secretary of Energy, the Secretary of State, the 
        Director of National Intelligence, and any other United States 
        Government official in providing the commission with analyses, 
        briefings, and other information necessary for the fulfillment 
        of its responsibilities.
            (2) Liaison.--The Secretary of Defense, the Secretary of 
        Energy, the Secretary of State, and the Director of National 
        Intelligence shall each designate at least one officer or 
        employee of the Department of Defense, the Department of Energy, 
        the Department of State, and the intelligence community, 
        respectively, to serve as a liaison officer between the 
        department (or the intelligence community, as the case may be) 
        and the commission.

[[Page 122 STAT. 321]]

    (e) Report.--Not later than December 1, 2008, the commission shall 
submit to the President, the Secretary of Defense, the Secretary of 
Energy, the Secretary of State, the Committee on Armed Services of the 
Senate, and the Committee on Armed Services of the House of 
Representatives a report on the commission's findings, conclusions, and 
recommendations. The report shall identify the strategic posture and 
nuclear weapons strategy recommended under subsection (c)(2)(B) and 
shall include--
            (1) the military capabilities and force structure necessary 
        to support the strategy, including both nuclear and non-nuclear 
        capabilities that might support the strategy;
            (2) the number of nuclear weapons required to support the 
        strategy, including the number of replacement warheads required, 
        if any;
            (3) the appropriate qualitative analysis, including force-
        on-force exchange modeling, to calculate the effectiveness of 
        the strategy under various scenarios;
            (4) the nuclear infrastructure (that is, the size of the 
        nuclear complex) required to support the strategy;
            (5) an assessment of the role of missile defenses in the 
        strategy;
            (6) an assessment of the role of nonproliferation programs 
        in the strategy;
            (7) the political and military implications of the strategy 
        for the United States and its allies; and
            (8) any other information or recommendations relating to the 
        strategy (or to the strategic posture) that the commission 
        considers appropriate.

    (f) Funding.--Of the amounts appropriated or otherwise made 
available pursuant to this Act to the Department of Defense, $5,000,000 
is available to fund the activities of the commission.
    (g) Termination.--The commission shall terminate on June 1, 2009.

SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) Chapter 3 is amended--
                    (A) by redesignating the section 127c added by 
                section 1201(a) of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2410) as section 127d and transferring 
                that section so as to appear immediately after the 
                section 127c added by section 1231(a) of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 3467); and
                    (B) by revising the table of sections at the 
                beginning of such chapter to reflect the redesignation 
                and transfer made by paragraph (1).
            (2) Section 629(d)(1) is amended by inserting a comma after 
        ``(a)''.
            (3) Section 662(b) is amended by striking ``paragraphs (1), 
        (2), and (3) of subsection (a)'' and inserting ``paragraphs (1) 
        and (2) of subsection (a)''.
            (4) Subsections (c) and (d) of section 948r are each amended 
        by striking ``Defense Treatment Act of 2005'' each place it 
        appears and inserting ``Detainee Treatment Act of 2005''.

[[Page 122 STAT. 322]]

            (5) The table of sections at the beginning of subchapter VI 
        of chapter 47A is amended by striking the item relating to 
        section 950j and inserting the following:

``950j. Finality of proceedings, findings, and sentences.''.

            (6) Section 950f(b) is amended by striking ``No person may 
        be serve'' and inserting ``No person may serve''.
            (7) The heading for section 950j is amended by striking 
        ``Finality or'' and inserting ``Finality of''.
            (8) Section 1034(b)(2) is amended by inserting 
        ``unfavorable'' before ``action'' the second place it appears.
            (9) Section 1588(d)(1)(B) is amended by striking ``the Act 
        of March 9, 1920, commonly known as the `Suits in Admiralty Act' 
        (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 
        3, 1925, commonly known as the `Public Vessels Act' (43 Stat. 
        1112; 46 U.S.C. App. 781 et seq.)'' and inserting ``chapters 309 
        and 311 of title 46''.
            (10) The table of sections at the beginning of chapter 137 
        is amended by striking the item relating to section 2333 and 
        inserting the following new item:

``2333. Joint policies on requirements definition, contingency program 
           management, and contingency contracting.''.

            (11) The table of sections at the beginning of chapter 141 
        is amended by inserting a period at the end of the item relating 
        to section 2410p.
            (12) The table of sections at the beginning of chapter 152 
        is amended by inserting a period at the end of the item relating 
        to section 2567.
            (13) Section 2583(e) is amended by striking ``Dogs'' and 
        inserting ``Animals''.
            (14) Section 2668(e) is amended by striking ``and (d)'' and 
        inserting ``and (e)''.
            (15) Section 12304(a) is amended by striking the second 
        period at the end.
            (16) Section 14310(d)(1) is amended by inserting a comma 
        after ``(a)''.

    (b) Title 37, United States Code.--Section 302c(d)(1) of title 37, 
United States Code, is amended by striking ``Services Corps'' and 
inserting ``Service Corps''.
    (c) <<NOTE: Effective date.>> John Warner National Defense 
Authorization Act for Fiscal Year 2007.--Effective as of October 17, 
2006, and as if included therein as enacted, the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is 
amended as follows:
            (1) Section 333(a) (120 Stat. 2151) is amended--
                    (A) by striking ``Section 332(c)'' and inserting 
                ``Section 332''; and
                    (B) in paragraph (1), by inserting ``in subsection 
                (c),'' after ``(1)''.
            (2) Section 348(2) (120 Stat. 2159) is amended by striking 
        ``60 days of'' and inserting ``60 days after''.
            (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by 
        inserting a comma after ``title''.
            (4) Section 591(b)(1) (120 Stat. 2233) is amended by 
        inserting a period after ``this title''.
            (5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by 
        striking ``in'' and inserting ``In''.

[[Page 122 STAT. 323]]

            (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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> National Defense Authorization Act for 
Fiscal Year 2006.--Effective as of January 6, 2006, and as if included 
therein as enacted, the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163) is amended as follows:
            (1) Section 571 (119 Stat. 3270) is amended by striking 
        ``931 et seq.)'' and inserting ``921 et seq.)''.
            (2) Section 1052(j) (119 Stat. 3435) is amended by striking 
        ``Section 1049'' and inserting ``Section 1409''.

    (f) Military Commissions Act of 2006.--Section 7 of the Military 
Commissions Act of 2006 <<NOTE: 120 Stat. 2635.>> (Public Law 109-366) 
is amended by striking ``added by added by'' and inserting ``added by''.

    (g) National Defense Authorization Act for Fiscal Year 2004.--The 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) is amended as follows:
            (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) is 
        amended by striking ``those program'' and inserting ``those 
        programs''.
            (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) is 
        amended by striking ``(A))'' and inserting ``(A)))''.

[[Page 122 STAT. 324]]

            (3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note) 
        is amended by inserting ``Security'' after ``Health''.

    (h) National Defense Authorization Act for Fiscal Year 1994.--
Section 845(a) of the National Defense Authorization Act for Fiscal Year 
1994 (10 U.S.C. 2371 note) is amended--
            (1) in paragraph (2)(A), by inserting ``Research'' after 
        ``Defense Advanced''; and
            (2) in paragraph (3), by inserting ``Research'' after 
        ``Defense Advanced''.

    (i) National Defense Authorization Act for Fiscal Year 1993.--
Section 722(a)(1) of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by 
striking ``155 Stat.'' and inserting ``115 Stat.''.

SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.

    Section 1063 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3445) is repealed.

SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION.

    The Secretary of Defense shall maintain the capability for space-
based nuclear detection at a level that meets or exceeds the level of 
capability as of the date of the enactment of this Act.

SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION, 
            GUANTANAMO BAY, CUBA.

    It is the sense of Congress that--
            (1) the Nation extends its gratitude to the military 
        personnel who guard and interrogate some of the world's most 
        dangerous men every day at Naval Station, Guantanamo Bay, Cuba;
            (2) the United States Government should urge the 
        international community, in general, and in particular, the home 
        countries of the detainees who remain in detention despite 
        having been ordered released by a Department of Defense 
        administrative review board, to work with the Department of 
        Defense to facilitate and expedite the repatriation of such 
        detainees;
            (3) detainees at Guantanamo Bay, to the maximum extent 
        possible, should be charged and expeditiously prosecuted for 
        crimes committed against the United States; and
            (4) operations at Guantanamo Bay should be carried out in a 
        way that upholds the national interest and core values of the 
        American people.

SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL 
            STATION, GUANTANAMO BAY, CUBA.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report that contains the Secretary's 
plan for each individual presently detained at Naval Station, Guantanamo 
Bay, Cuba, under the control of the Joint Task Force Guantanamo, who is 
or has ever been classified as an ``enemy combatant'' (referred to in 
this section as a ``detainee'').
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:

[[Page 122 STAT. 325]]

            (1) An identification of the number of detainees who, as of 
        December 31, 2007, the Department estimates--
                    (A) will have been or will be charged with one or 
                more crimes and may, therefore, be tried before a 
                military commission;
                    (B) will be subject of an order calling for the 
                release or transfer of the detainee from the Guantanamo 
                Bay facility; or
                    (C) will not have been charged with any crimes and 
                will not be subject to an order calling for the release 
                or transfer of the detainee from the Guantanamo Bay 
                facility, but whom the Department wishes to continue to 
                detain.
            (2) A description of the actions required to be undertaken, 
        by the Secretary of Defense, possibly the heads of other Federal 
        agencies, and Congress, to ensure that detainees who are subject 
        to an order calling for their release or transfer from the 
        Guantanamo Bay facility have, in fact, been released.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may contain a classified annex.

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364 
            RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.

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

``Sec. 333. <<NOTE: President.>> Interference with State and Federal law

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

In any situation covered by clause (1), the State shall be considered to 
have denied the equal protection of the laws secured by the 
Constitution.''.
            (2) Proclamation to disperse.--Section 334 of such title is 
        amended by striking ``or those obstructing the enforcement of 
        the laws'' after ``insurgents''.
            (3) Heading amendment.--The heading of chapter 15 of such 
        title is amended to read as follows:

                      ``CHAPTER 15--INSURRECTION''.

            (4) Clerical amendments.--

[[Page 122 STAT. 326]]

                    (A) The table of sections at the beginning of 
                chapter 15 of such title is amended by striking the item 
                relating to section 333 and inserting the following new 
                item:

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

                    (B) The tables of chapters at the beginning of 
                subtitle A of title 10, United States Code, and at the 
                beginning of part I of such subtitle, are each amended 
                by striking the item relating to chapter 15 and 
                inserting the following new item:

``15. Insurrection................................................331''.

    (b) Repeal of Section Relating to Provision of Supplies, Services, 
and Equipment.--
            (1) In general.--Section 2567 of title 10, United States 
        Code, is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 152 of such title is amended by striking 
        the item relating to section 2567.

    (c) Conforming Amendment.--Section 12304(c) of such title is amended 
by striking ``Except to perform'' and all that follows through ``this 
section'' and inserting ``No unit or member of a reserve component may 
be ordered to active duty under this section to perform any of the 
functions authorized by chapter 15 or section 12406 of this title or, 
except as provided in subsection (b),''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN 
            UNITED STATES.

    (a) Development of Standards.--
            (1) Access standards for visitors.--The Secretary of Defense 
        shall develop access standards applicable to all military 
        installations in the United States. The standards shall require 
        screening standards appropriate to the type of installation 
        involved, the security level, category of individuals authorized 
        to visit the installation, and level of access to be granted, 
        including--
                    (A) protocols to determine the fitness of the 
                individual to enter an installation; and
                    (B) standards and methods for verifying the identity 
                of the individual.
            (2) Additional criteria.--The standards required under 
        paragraph (1) may--
                    (A) provide for expedited access to a military 
                installation for Department of Defense personnel and 
                employees and family members of personnel who reside on 
                the installation;
                    (B) provide for closer scrutiny of categories of 
                individuals determined by the Secretary of Defense to 
                pose a higher potential security risk; and
                    (C) in the case of an installation that the 
                Secretary determines contains particularly sensitive 
                facilities, provide additional screening requirements, 
                as well as physical and other security measures for the 
                installation.

    (b) Use of Technology.--The Secretary of Defense is encouraged to 
procure and field existing identification screening technology and to 
develop additional technology only to the extent necessary

[[Page 122 STAT. 327]]

to assist commanders of military installations in implementing the 
standards developed under this section at points of entry for such 
installations.
    (c) Deadlines.--
            (1) Development and implementation.--The Secretary of 
        Defense shall develop the standards required under this section 
        by not later than July 1, 2008, and implement such standards by 
        not later than January 1, 2009.
            (2) Submission to congress.--Not later than August 1, 2009, 
        the Secretary shall submit to the Committees on Armed Services 
        of the Senate and House of Representatives the standards 
        implemented pursuant to paragraph (1).

SEC. 1070. REVISED NUCLEAR POSTURE REVIEW.

    (a) Requirement for Comprehensive Review.--In order to clarify 
United States nuclear deterrence policy and strategy for the near term, 
the Secretary of Defense shall conduct a comprehensive review of the 
nuclear posture of the United States for the next 5 to 10 years. The 
Secretary shall conduct the review in consultation with the Secretary of 
Energy and the Secretary of State.
    (b) Elements of Review.--The nuclear posture review shall include 
the following elements:
            (1) The role of nuclear forces in United States military 
        strategy, planning, and programming.
            (2) The policy requirements and objectives for the United 
        States to maintain a safe, reliable, and credible nuclear 
        deterrence posture.
            (3) The relationship among United States nuclear deterrence 
        policy, targeting strategy, and arms control objectives.
            (4) The role that missile defense capabilities and 
        conventional strike forces play in determining the role and size 
        of nuclear forces.
            (5) The levels and composition of the nuclear delivery 
        systems that will be required for implementing the United States 
        national and military strategy, including any plans for 
        replacing or modifying existing systems.
            (6) The nuclear weapons complex that will be required for 
        implementing the United States national and military strategy, 
        including any plans to modernize or modify the complex.
            (7) The active and inactive nuclear weapons stockpile that 
        will be required for implementing the United States national and 
        military strategy, including any plans for replacing or 
        modifying warheads.

    (c) Report to Congress.--The Secretary of Defense shall submit to 
Congress, in unclassified and classified forms as necessary, a report on 
the results of the nuclear posture review conducted under this section. 
The report shall be submitted concurrently with the quadrennial defense 
review required to be submitted under section 118 of title 10, United 
States Code, in 2009.
    (d) Sense of Congress.--It is the sense of Congress that the nuclear 
posture review conducted under this section should be used as a basis 
for establishing future United States arms control objectives and 
negotiating positions.

[[Page 122 STAT. 328]]

SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW 
            STRATEGIC POSTURE OF THE UNITED STATES.

    Section 1051 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3431) is repealed.

SEC. 1072. SECURITY CLEARANCES; LIMITATIONS.

    (a) In General.--Title III of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end 
the following new section:

``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled substance' 
        has the meaning given that term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            ``(2) Covered person.--The term `covered person' means--
                    ``(A) an officer or employee of a Federal agency;
                    ``(B) a member of the Army, Navy, Air Force, or 
                Marine Corps who is on active duty or is in an active 
                status; and
                    ``(C) an officer or employee of a contractor of a 
                Federal agency.
            ``(3) Restricted data.--The term `Restricted Data' has the 
        meaning given that term in section 11 of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2014).
            ``(4) Special access program.--The term `special access 
        program' has the meaning given that term in section 4.1 of 
        Executive Order No. 12958 (60 Fed. Reg. 19825).

    ``(b) Prohibition.--After January 1, 2008, the head of a Federal 
agency may not grant or renew a security clearance for a covered person 
who is an unlawful user of a controlled substance or an addict (as 
defined in section 102(1) of the Controlled Substances Act (21 U.S.C. 
802)).
    ``(c) Disqualification.--
            ``(1) In general.--After January 1, 2008, absent an express 
        written waiver granted in accordance with paragraph (2), the 
        head of a Federal agency may not grant or renew a security 
        clearance described in paragraph (3) for a covered person who--
                    ``(A) has been convicted in any court of the United 
                States of a crime, was sentenced to imprisonment for a 
                term exceeding 1 year, and was incarcerated as a result 
                of that sentence for not less than 1 year;
                    ``(B) has been discharged or dismissed from the 
                Armed Forces under dishonorable conditions; or
                    ``(C) is mentally incompetent, as determined by an 
                adjudicating authority, based on an evaluation by a duly 
                qualified mental health professional employed by, or 
                acceptable to and approved by, the United States 
                Government and in accordance with the adjudicative 
                guidelines required by subsection (d).
            ``(2) Waiver authority.--In a meritorious case, an exception 
        to the disqualification in this subsection may be authorized if 
        there are mitigating factors. Any such waiver may be authorized 
        only in accordance with--

[[Page 122 STAT. 329]]

                    ``(A) standards and procedures prescribed by, or 
                under the authority of, an Executive order or other 
                guidance issued by the President; or
                    ``(B) the adjudicative guidelines required by 
                subsection (d).
            ``(3) <<NOTE: Applicability.>> Covered security 
        clearances.--This subsection applies to security clearances that 
        provide for access to--
                    ``(A) special access programs;
                    ``(B) Restricted Data; or
                    ``(C) any other information commonly referred to as 
                `sensitive compartmented information'.
            ``(4) Annual report.--
                    ``(A) Requirement for report.--Not later than 
                February 1 of each year, the head of a Federal agency 
                shall submit a report to the appropriate committees of 
                Congress if such agency employs or employed a person for 
                whom a waiver was granted in accordance with paragraph 
                (2) during the preceding year. Such annual report shall 
                not reveal the identity of such person, but shall 
                include for each waiver issued the disqualifying factor 
                under paragraph (1) and the reasons for the waiver of 
                the disqualifying factor.
                    ``(B) Definitions.--In this paragraph:
                          ``(i) Appropriate committees of congress.--The 
                      term `appropriate committees of Congress' means, 
                      with respect to a report submitted under 
                      subparagraph (A) by the head of a Federal agency--
                                    ``(I) the congressional defense 
                                committees;
                                    ``(II) the congressional 
                                intelligence committees;
                                    ``(III) the Committee on Homeland 
                                Security and Governmental Affairs of the 
                                Senate;
                                    ``(IV) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives; and
                                    ``(V) each Committee of the Senate 
                                or the House of Representatives with 
                                oversight authority over such Federal 
                                agency.
                          ``(ii) Congressional defense committees.--The 
                      term `congressional defense committees' has the 
                      meaning given that term in section 101(a)(16) of 
                      title 10, United States Code.
                          ``(iii) Congressional intelligence 
                      committees.--The term `congressional intelligence 
                      committees' has the meaning given that term in 
                      section 3 of the National Security Act of 1947 (50 
                      U.S.C. 401a).

    ``(d) Adjudicative Guidelines.--
            ``(1) <<NOTE: President.>> Requirement to establish.--The 
        President shall establish adjudicative guidelines for 
        determining eligibility for access to classified information.
            ``(2) Requirements related to mental health.--The guidelines 
        required by paragraph (1) shall--
                    ``(A) include procedures and standards under which a 
                covered person is determined to be mentally incompetent 
                and provide a means to appeal such a determination; and
                    ``(B) require that no negative inference concerning 
                the standards in the guidelines may be raised solely on 
                the basis of seeking mental health counseling.''.

    (b) Conforming Amendments.--

[[Page 122 STAT. 330]]

            (1) Repeal.--Section 986 of title 10, United States Code, is 
        repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 49 of such title is amended by striking the 
        item relating to section 986.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2008.

SEC. 1073. <<NOTE: Deadlines.>> IMPROVEMENTS IN THE PROCESS FOR THE 
            ISSUANCE OF SECURITY CLEARANCES.

    (a) Demonstration Project.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Defense and the Director 
of National Intelligence shall implement a demonstration project that 
applies new and innovative approaches to improve the processing of 
requests for security clearances.
    (b) Evaluation.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense and the Director of 
National Intelligence shall carry out an evaluation of the process for 
issuing security clearances and develop a specific plan and schedule for 
replacing such process with an improved process.
    (c) Report.--Not later than 30 days after the date of the completion 
of the evaluation required by subsection (b), the Secretary of Defense 
and the Director of National Intelligence shall submit to Congress a 
report on--
            (1) the results of the demonstration project carried out 
        pursuant to subsection (a);
            (2) the results of the evaluation carried out under 
        subsection (b); and
            (3) the recommended specific plan and schedule for replacing 
        the existing process for issuing security clearances with an 
        improved process.

SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.

    (a) <<NOTE: Regulations.>> Protection for Department Leadership.--
The Secretary of Defense, under regulations prescribed by the Secretary 
and in accordance with guidelines approved by the Secretary and the 
Attorney General, may authorize qualified members of the Armed Forces 
and qualified civilian employees of the Department of Defense to provide 
physical protection and personal security within the United States to 
the following persons who, by nature of their positions, require 
continuous security and protection:
            (1) Secretary of Defense.
            (2) Deputy Secretary of Defense.
            (3) Chairman of the Joint Chiefs of Staff.
            (4) Vice Chairman of the Joint Chiefs of Staff.
            (5) Secretaries of the military departments.
            (6) Chiefs of the Services.
            (7) Commanders of combatant commands.

    (b) Protection for Additional Personnel.--
            (1) <<NOTE: Regulations.>> Authority to provide.--The 
        Secretary of Defense, under regulations prescribed by the 
        Secretary and in accordance with guidelines approved by the 
        Secretary and the Attorney General, may authorize qualified 
        members of the Armed Forces and qualified civilian employees of 
        the Department of Defense to provide physical protection and 
        personal security within the United States to individuals other 
        than individuals described in paragraphs (1) through (7) of 
        subsection (a) if

[[Page 122 STAT. 331]]

        the Secretary determines that such protection and security are 
        necessary because--
                    (A) there is an imminent and credible threat to the 
                safety of the individual for whom protection is to be 
                provided; or
                    (B) compelling operational considerations make such 
                protection essential to the conduct of official 
                Department of Defense business.
            (2) Personnel.--Individuals authorized to receive physical 
        protection and personal security under this subsection include 
        the following:
                    (A) Any official, military member, or employee of 
                the Department of Defense.
                    (B) A former or retired official who faces serious 
                and credible threats arising from duties performed while 
                employed by the Department for a period of up to two 
                years beginning on the date on which the official 
                separates from the Department.
                    (C) A head of a foreign state, an official 
                representative of a foreign government, or any other 
                distinguished foreign visitor to the United States who 
                is primarily conducting official business with the 
                Department of Defense.
                    (D) Any member of the immediate family of a person 
                authorized to receive physical protection and personal 
                security under this section.
                    (E) An individual who has been designated by the 
                President, and who has received the advice and consent 
                of the Senate, to serve as Secretary of Defense, but who 
                has not yet been appointed as Secretary of Defense.
            (3) Limitation on delegation.--The authority of the 
        Secretary of Defense to authorize the provision of physical 
        protection and personal security under this subsection may be 
        delegated only to the Deputy Secretary of Defense.
            (4) Requirement for written determination.--A determination 
        of the Secretary of Defense to provide physical protection and 
        personal security under this subsection shall be in writing, 
        shall be based on a threat assessment by an appropriate law 
        enforcement, security, or intelligence organization, and shall 
        include the name and title of the officer, employee, or other 
        individual affected, the reason for such determination, the 
        duration of the authorized protection and security for such 
        officer, employee, or individual, and the nature of the 
        arrangements for the protection and security.
            (5) Duration of protection.--
                    (A) Initial period of protection.--After making a 
                written determination under paragraph (4), the Secretary 
                of Defense may provide protection and security to an 
                individual under this subsection for an initial period 
                of not more than 90 calendar days.
                    (B) Subsequent period.--If, at the end of the period 
                that protection and security is provided to an 
                individual under subsection (A), the Secretary 
                determines that a condition described in subparagraph 
                (A) or (B) of paragraph (1) continues to exist with 
                respect to the individual, the Secretary may extend the 
                period that such protection and security is provided for 
                additional 60-day periods. The Secretary shall review 
                such a determination at the end of

[[Page 122 STAT. 332]]

                each 60-day period to determine whether to continue to 
                provide such protection and security.
                    (C) Requirement for compliance with regulations.--
                Protection and personal security provided under 
                subparagraph (B) shall be provided in accordance with 
                the regulations and guidelines referred to in paragraph 
                (1).
            (6) Submission to congress.--
                    (A) <<NOTE: Deadline.>> In general.--The Secretary 
                of Defense shall submit to the congressional defense 
                committees each determination made under paragraph (4) 
                to provide protection and security to an individual and 
                of each determination under paragraph (5)(B) to extend 
                such protection and security, together with the 
                justification for such determination, not later than 15 
                days after the date on which the determination is made.
                    (B) Form of report.--A report submitted under 
                subparagraph (A) may be made in classified form.
                    (C) Regulations and guidelines.--The Secretary of 
                Defense shall submit to the congressional defense 
                committees the regulations and guidelines prescribed 
                pursuant to paragraph (1) not less than 20 days before 
                the date on which such regulations take effect.

    (c) Definitions.--In this section:
            (1) Congressional defense committees.--The term 
        ``congressional defense committees'' means the Committee on 
        Appropriations and the Committee on Armed Services of the Senate 
        and the Committee on Appropriations and the Committee on Armed 
        Services of the House of Representatives.
            (2) Qualified members of the armed forces and qualified 
        civilian employees of the department of defense.--The terms 
        ``qualified members of the Armed Forces'' and ``qualified 
        civilian employees of the Department of Defense'' refer 
        collectively to members or employees who are assigned to 
        investigative, law enforcement, or security duties of any of the 
        following:
                    (A) The Army Criminal Investigation Command.
                    (B) The Naval Criminal Investigative Service.
                    (C) The Air Force Office of Special Investigations.
                    (D) The Defense Criminal Investigative Service.
                    (E) The Pentagon Force Protection Agency.

    (d) Construction.--
            (1) No additional law enforcement or arrest authority.--
        Other than the authority to provide protection and security 
        under this section, nothing in this section may be construed to 
        bestow any additional law enforcement or arrest authority upon 
        the qualified members of the Armed Forces and qualified civilian 
        employees of the Department of Defense.
            (2) Posse comitatus.--Nothing in this section shall be 
        construed to abridge section 1385 of title 18, United States 
        Code.
            (3) Authorities of other departments.--Nothing in this 
        section may be construed to preclude or limit, in any way, the 
        express or implied powers of the Secretary of Defense or other 
        Department of Defense officials, or the duties and authorities 
        of the Secretary of State, the Director of the United

[[Page 122 STAT. 333]]

        States Secret Service, the Director of the United States 
        Marshals Service, or any other Federal law enforcement agency.

SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE 
            THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE 
            ATTACK.

    (a) Extension of Date of Submittal of Final Report.--Section 1403(a) 
of the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106-398; 50 U.S.C. 2301 
note) is amended by striking ``June 30, 2007'' and inserting ``November 
30, 2008''.
    (b) Coordination of Work With Department of Homeland Security.--
Section 1404 of such Act is amended by adding at the end the following 
new subsection:
    ``(c) Coordination With Department of Homeland Security.--The 
Commission and the Secretary of Homeland Security shall jointly ensure 
that the work of the Commission with respect to electromagnetic pulse 
attack on electricity infrastructure, and protection against such 
attack, is coordinated with Department of Homeland Security efforts on 
such matters.''.
    (c) Limitation on Department of Defense Funding.--The aggregate 
amount of funds provided by the Department of Defense to the Commission 
to Assess the Threat to the United States from Electromagnetic Pulse 
Attack for purposes of the preparation and submittal of the final report 
required by section 1403(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as amended by subsection (a)), 
whether by transfer or otherwise and including funds provided the 
Commission before the date of the enactment of this Act, shall not 
exceed $5,600,000.

SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION RESEARCH 
            PROGRAM.

    It is the sense of Congress that--
            (1) the Department of Defense's Small Business Innovation 
        Research program has been effective in supporting the 
        performance of the missions of the Department of Defense, by 
        stimulating technological innovation through investments in 
        small business research activities;
            (2) the Department of Defense's Small Business Innovation 
        Research program has transitioned a number of technologies and 
        systems into operational use by warfighters; and
            (3) the Department of Defense's Small Business Innovation 
        Research program should be reauthorized so as to ensure that the 
        program's activities can continue seamlessly, efficiently, and 
        effectively.

SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.

    Subsection (c) of section 2245 of title 10, United States Code, is 
amended to read as follows:
    ``(c) In this section, the term `proficiency flying' means flying 
performed under competent orders by a rated or designated member of the 
armed forces while serving in a non-aviation assignment or in an 
assignment in which skills would normally not be maintained in the 
performance of assigned duties.''.

[[Page 122 STAT. 334]]

SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER 
            CONTRACT WITH THE ARMED FORCES.

    (a) Definition of Public Aircraft.--Section 40102(a)(41)(E) of title 
49, United States Code, is amended--
            (1) by inserting ``or other commercial air service'' after 
        ``transportation''; and
            (2) by adding at the end the following: ``In the preceding 
        sentence, the term `other commercial air service' means an 
        aircraft operation that (i) is within the United States 
        territorial airspace; (ii) the Administrator of the Federal 
        Aviation Administration determines is available for compensation 
        or hire to the public, and (iii) must comply with all applicable 
        civil aircraft rules under title 14, Code of Federal 
        Regulations.''.

    (b) Aircraft Operated by the Armed Forces.--Section 40125(c)(1)(C) 
of such title is amended by inserting ``or other commercial air 
service'' after ``transportation''.
    (c) Conforming Amendments.--
            (1) Section 40125(b) of such title is amended by striking 
        ``40102(a)(37)'' and inserting ``40102(a)(41)''.
            (2) Section 40125(c)(1) of such title is amended by striking 
        ``40102(a)(37)(E)'' and inserting ``40102(a)(41)(E)''.

SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE 
            SENATE AND THE HOUSE OF REPRESENTATIVES.

    (a) <<NOTE: Deadline. Reports.>> Requests of Committees.--The 
Director of the National Counterterrorism Center, the Director of a 
national intelligence center, or the head of any element of the 
intelligence community shall, not later than 45 days after receiving a 
written request from the Chair or ranking minority member of the 
Committee on Armed Services of the Senate or the Committee on Armed 
Services of the House of Representatives for any existing intelligence 
assessment, report, estimate, or legal opinion relating to matters 
within the jurisdiction of such Committee, make available to such 
committee such assessment, report, estimate, or legal opinion, as the 
case may be.

    (b) <<NOTE: President.>> Assertion of Privilege.--
            (1) In general.--In response to a request covered by 
        subsection (a), the Director of the National Counterterrorism 
        Center, the Director of a national intelligence center, or the 
        head of any element of the intelligence community shall provide 
        to the Committee making such request the document or information 
        covered by such request unless the President determines that 
        such document or information shall not be provided because the 
        President is asserting a privilege pursuant to the Constitution 
        of the United States.
            (2) Submission to congress.--The White House Counsel shall 
        submit to Congress in writing any assertion by the President 
        under paragraph (1) of a privilege pursuant to the Constitution.

    (c) Definitions.--In this section:
            (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (2) Intelligence assessment.--The term ``intelligence 
        assessment'' means an intelligence-related analytical study of

[[Page 122 STAT. 335]]

        a subject of policy significance and does not include building-
        block papers, research projects, and reference aids.
            (3) Intelligence estimate.--The term ``intelligence 
        estimate'' means an appraisal of available intelligence relating 
        to a specific situation or condition with a view to determining 
        the courses of action open to an enemy or potential enemy and 
        the probable order of adoption of such courses of action.

SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE 
            PROTECTION SERVICES.

    Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 67; 42 
U.S.C. 1856d) is amended--
            (1) by striking ``Funds'' and inserting ``(a) Funds''; and
            (2) by adding at the end the following new subsection:

    ``(b) Notwithstanding the provisions of subsection (a), all sums 
received for any Department of Defense activity for fire protection 
rendered pursuant to this Act shall be credited to the appropriation 
fund or account from which the expenses were paid. Amounts so credited 
shall be merged with funds in such appropriation fund or account and 
shall be available for the same purposes and subject to the same 
limitations as the funds with which the funds are merged.''.

SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING 
            SUPPORT FOR THE AIR FORCE.

    (a) Pilot Program Required.--The Secretary of the Air Force shall 
conduct, as soon as practicable after the date of the enactment of this 
Act, a pilot program to assess the feasibility and advisability of 
utilizing commercial fee-for-service air refueling tanker aircraft for 
Air Force operations. The duration of the pilot program shall be at 
least five years after commencement of the program.
    (b) Purpose.--
            (1) In general.--The pilot program required by subsection 
        (a) shall evaluate the feasibility of fee-for-service air 
        refueling to support, augment, or enhance the air refueling 
        mission of the Air Force by utilizing commercial air refueling 
        providers on a fee-for-service basis.
            (2) Elements.--In order to achieve the purpose of the pilot 
        program, the Secretary of the Air Force shall--
                    (A) demonstrate and validate a comprehensive 
                strategy for air refueling on a fee-for-service basis by 
                evaluating all mission areas, including testing support, 
                training support to receiving aircraft, homeland defense 
                support, deployment support, air bridge support, 
                aeromedical evacuation, and emergency air refueling; and
                    (B) integrate fee-for-service air refueling 
                described in paragraph (1) into Air Mobility Command 
                operations during the evaluation and execution phases of 
                the pilot program.

    (c) Annual Report.--The Secretary of the Air Force shall provide to 
the congressional defense committees an annual report on the fee-for-
service air refueling program, which includes--
            (1) information with respect to--
                    (A) missions flown;
                    (B) mission areas supported;
                    (C) aircraft number, type, model series supported;
                    (D) fuel dispensed;
                    (E) departure reliability rates; and

[[Page 122 STAT. 336]]

                    (F) the annual and cumulative cost to the Government 
                for the program, including a comparison of costs of the 
                same service provided by the Air Force;
            (2) an assessment of the impact of outsourcing air refueling 
        on the Air Force's flying hour program and aircrew training; and
            (3) any other data that the Secretary determines is 
        appropriate for evaluating the performance of the commercial air 
        refueling providers participating in the pilot program.

    (d) Comptroller General Review.--The Comptroller General shall 
submit to the congressional defense committees--
            (1) an annual review of the conduct of the pilot program 
        under this section and any recommendations of the Comptroller 
        General for improving the program; and
            (2) <<NOTE: Deadline.>> not later than 90 days after the 
        completion of the pilot program, a final assessment of the 
        results of the pilot program and the recommendations of the 
        Comptroller General for whether the Secretary of the Air Force 
        should continue to utilize fee-for-service air refueling.

SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR 
            SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS.

    (a) In General.--The Secretary of Defense shall establish an 
advisory panel to carry out an assessment of the capabilities of the 
Department of Defense to provide support to United States civil 
authorities in the event of a chemical, biological, radiological, 
nuclear, or high-yield explosive (CBRNE) incident.
    (b) Panel Matters.--
            (1) In general.--The advisory panel required by subsection 
        (a) shall consist of individuals appointed by the Secretary of 
        Defense (in consultation with the chairmen and ranking members 
        of the Committees on Armed Services of the Senate and the House 
        of Representatives) from among private citizens of the United 
        States with expertise in the legal, operational, and 
        organizational aspects of the management of the consequences of 
        a chemical, biological, radiological, nuclear, or high-yield 
        explosive incident.
            (2) Deadline for appointment.--All members of the advisory 
        panel shall be appointed under this subsection not later than 30 
        days after the date on which the Secretary enters into the 
        contract required by subsection (c).
            (3) <<NOTE: Deadline.>> Initial meeting.--The advisory panel 
        shall conduct its first meeting not later than 30 days after the 
        date that all appointments to the panel have been made under 
        this subsection.
            (4) Procedures.--The advisory panel shall carry out its 
        duties under this section under procedures established under 
        subsection (c) by the federally funded research and development 
        center with which the Secretary contracts under that subsection. 
        Such procedures shall include procedures for the selection of a 
        chairman of the advisory panel from among its members.

    (c) Support of Federally Funded Research and Development Center.--
            (1) <<NOTE: Contracts.>> In general.--The Secretary of 
        Defense shall enter into a contract with a federally funded 
        research and development

[[Page 122 STAT. 337]]

        center for the provision of support and assistance to the 
        advisory panel required by subsection (a) in carrying out its 
        duties under this section. Such support and assistance shall 
        include the establishment of the procedures of the advisory 
        panel under subsection (b)(4).
            (2) Deadline for contract.--The Secretary shall enter into 
        the contract required by this subsection not later than 60 days 
        after the date of the enactment of this Act.

    (d) Duties of Panel.--The advisory panel required by subsection (a) 
shall--
            (1) evaluate the authorities and capabilities of the 
        Department of Defense to conduct operations in support to United 
        States civil authorities in the event of a chemical, biological, 
        radiological, nuclear, or high-yield explosive incident, 
        including the authorities and capabilities of the military 
        departments, the Defense Agencies, the combatant commands, any 
        supporting commands, and the reserve components of the Armed 
        Forces (including the National Guard in a Federal and non-
        Federal status);
            (2) assess the adequacy of existing plans and programs of 
        the Department of Defense for training and equipping dedicated, 
        special, and general purposes forces for conducting operations 
        described in paragraph (1) across a broad spectrum of scenarios, 
        including current National Planning Scenarios as applicable;
            (3) assess policies, directives, and plans of the Department 
        of Defense in support of civilian authorities in managing the 
        consequences of a chemical, biological, radiological, nuclear, 
        or high-yield explosive incident;
            (4) assess the adequacy of policies and structures of the 
        Department of Defense for coordination with other department and 
        agencies of the Federal Government, especially the Department of 
        Homeland Security, the Department of Energy, the Department of 
        Justice, and the Department of Health and Human Services, in the 
        provision of support described in paragraph (1);
            (5) assess the adequacy and currency of information 
        available to the Department of Defense, whether directly or 
        through other departments and agencies of the Federal 
        Government, from State and local governments in circumstances 
        where the Department provides support described in paragraph (1) 
        because State and local response capabilities are not fully 
        adequate for a comprehensive response;
            (6) assess the equipment capabilities and needs of the 
        Department of Defense to provide support described in paragraph 
        (1);
            (7) develop recommendations for modifying the capabilities, 
        plans, policies, equipment, and structures evaluated or assessed 
        under this subsection in order to improve the provision by the 
        Department of Defense of the support described in paragraph (1); 
        and
            (8) assess and make recommendations on--
                    (A) whether there should be any additional Weapons 
                of Mass Destruction Civil Support Teams, beyond the 55 
                already authorized and, if so, how many additional Civil 
                Support Teams, and where they should be located; and

[[Page 122 STAT. 338]]

                    (B) what criteria and considerations are appropriate 
                to determine whether additional Civil Support Teams are 
                needed and, if so, where they should be located.

    (e) Cooperation of Other Agencies.--
            (1) In general.--The advisory panel required by subsection 
        (a) may secure directly from the Department of Defense, the 
        Department of Homeland Security, the Department of Energy, the 
        Department of Justice, the Department of Health and Human 
        Services, and any other department or agency of the Federal 
        Government information that the panel considers necessary for 
        the panel to carry out its duties.
            (2) Cooperation.--The Secretary of Defense, the Secretary of 
        Homeland Secretary, the Secretary of Energy, the Attorney 
        General, the Secretary of Health and Human Services, and any 
        other official of the United States shall provide the advisory 
        panel with full and timely cooperation in carrying out its 
        duties under this section.

    (f) Report.--Not later than 12 months after the date of the initial 
meeting of the advisory panel required by subsection (a), the advisory 
panel shall submit to the Secretary of Defense, and to the Committees on 
Armed Services of the Senate and the House of Representatives, a report 
on activities under this section. The report shall set forth--
            (1) the findings, conclusions, and recommendations of the 
        advisory panel for improving the capabilities of the Department 
        of Defense to provide support to United States civil authorities 
        in the event of a chemical, biological, radiological, nuclear, 
        or high-yield explosive incident; and
            (2) such other findings, conclusions, and recommendations 
        for improving the capabilities of the Department for homeland 
        defense as the advisory panel considers appropriate.

SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.

    (a) Terrorism Exception to Immunity.--
            (1) In general.--Chapter 97 of title 28, United States Code, 
        is amended by inserting after section 1605 the following:

``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a 
                        foreign state

    ``(a) In General.--
            ``(1) No immunity.--A foreign state shall not be immune from 
        the jurisdiction of courts of the United States or of the States 
        in any case not otherwise covered by this chapter in which money 
        damages are sought against a foreign state for personal injury 
        or death that was caused by an act of torture, extrajudicial 
        killing, aircraft sabotage, hostage taking, or the provision of 
        material support or resources for such an act if such act or 
        provision of material support or resources is engaged in by an 
        official, employee, or agent of such foreign state while acting 
        within the scope of his or her office, employment, or agency.
            ``(2) Claim heard.--The court shall hear a claim under this 
        section if--
                    ``(A)(i)(I) the foreign state was designated as a 
                state sponsor of terrorism at the time the act described 
                in paragraph (1) occurred, or was so designated as a 
                result of such act, and, subject to subclause (II), 
                either remains

[[Page 122 STAT. 339]]

                so designated when the claim is filed under this section 
                or was so designated within the 6-month period before 
                the claim is filed under this section; or
                    ``(II) in the case of an action that is refiled 
                under this section by reason of section 1083(c)(2)(A) of 
                the National Defense Authorization Act for Fiscal Year 
                2008 or is filed under this section by reason of section 
                1083(c)(3) of that Act, the foreign state was designated 
                as a state sponsor of terrorism when the original action 
                or the related action under section 1605(a)(7) (as in 
                effect before the enactment of this section) or section 
                589 of the Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1997 (as contained 
                in section 101(c) of division A of Public Law 104-208) 
                was filed;
                    ``(ii) the claimant or the victim was, at the time 
                the act described in paragraph (1) occurred--
                          ``(I) a national of the United States;
                          ``(II) a member of the armed forces; or
                          ``(III) otherwise an employee of the 
                      Government of the United States, or of an 
                      individual performing a contract awarded by the 
                      United States Government, acting within the scope 
                      of the employee's employment; and
                    ``(iii) in a case in which the act occurred in the 
                foreign state against which the claim has been brought, 
                the claimant has afforded the foreign state a reasonable 
                opportunity to arbitrate the claim in accordance with 
                the accepted international rules of arbitration; or
                    ``(B) the act described in paragraph (1) is related 
                to Case Number 1:00CV03110 (EGS) in the United States 
                District Court for the District of Columbia.

    ``(b) Limitations.--An action may be brought or maintained under 
this section if the action is commenced, or a related action was 
commenced under section 1605(a)(7) (before the date of the enactment of 
this section) or section 589 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997 (as contained 
in section 101(c) of division A of Public Law 104-208) not later than 
the latter of--
            ``(1) 10 years after April 24, 1996; or
            ``(2) 10 years after the date on which the cause of action 
        arose.

    ``(c) Private Right of Action.--A foreign state that is or was a 
state sponsor of terrorism as described in subsection (a)(2)(A)(i), and 
any official, employee, or agent of that foreign state while acting 
within the scope of his or her office, employment, or agency, shall be 
liable to--
            ``(1) a national of the United States,
            ``(2) a member of the armed forces,
            ``(3) an employee of the Government of the United States, or 
        of an individual performing a contract awarded by the United 
        States Government, acting within the scope of the employee's 
        employment, or
            ``(4) the legal representative of a person described in 
        paragraph (1), (2), or (3),

for personal injury or death caused by acts described in subsection 
(a)(1) of that foreign state, or of an official, employee, or agent of 
that foreign state, for which the courts of the United States

[[Page 122 STAT. 340]]

may maintain jurisdiction under this section for money damages. In any 
such action, damages may include economic damages, solatium, pain and 
suffering, and punitive damages. In any such action, a foreign state 
shall be vicariously liable for the acts of its officials, employees, or 
agents.
    ``(d) Additional Damages.--After an action has been brought under 
subsection (c), actions may also be brought for reasonably foreseeable 
property loss, whether insured or uninsured, third party liability, and 
loss claims under life and property insurance policies, by reason of the 
same acts on which the action under subsection (c) is based.
    ``(e) Special Masters.--
            ``(1) In general.--The courts of the United States may 
        appoint special masters to hear damage claims brought under this 
        section.
            ``(2) Transfer of funds.--The Attorney General shall 
        transfer, from funds available for the program under section 
        1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), to 
        the Administrator of the United States district court in which 
        any case is pending which has been brought or maintained under 
        this section such funds as may be required to cover the costs of 
        special masters appointed under paragraph (1). Any amount paid 
        in compensation to any such special master shall constitute an 
        item of court costs.

    ``(f) Appeal.--In an action brought under this section, appeals from 
orders not conclusively ending the litigation may only be taken pursuant 
to section 1292(b) of this title.
    ``(g) Property Disposition.--
            ``(1) In general.--In every action filed in a United States 
        district court in which jurisdiction is alleged under this 
        section, the filing of a notice of pending action pursuant to 
        this section, to which is attached a copy of the complaint filed 
        in the action, shall have the effect of establishing a lien of 
        lis pendens upon any real property or tangible personal property 
        that is--
                    ``(A) subject to attachment in aid of execution, or 
                execution, under section 1610;
                    ``(B) located within that judicial district; and
                    ``(C) titled in the name of any defendant, or titled 
                in the name of any entity controlled by any defendant if 
                such notice contains a statement listing such controlled 
                entity.
            ``(2) Notice.--A notice of pending action pursuant to this 
        section shall be filed by the clerk of the district court in the 
        same manner as any pending action and shall be indexed by 
        listing as defendants all named defendants and all entities 
        listed as controlled by any defendant.
            ``(3) Enforceability.--Liens established by reason of this 
        subsection shall be enforceable as provided in chapter 111 of 
        this title.

    ``(h) Definitions.--For purposes of this section--
            ``(1) the term `aircraft sabotage' has the meaning given 
        that term in Article 1 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation;
            ``(2) the term `hostage taking' has the meaning given that 
        term in Article 1 of the International Convention Against the 
        Taking of Hostages;

[[Page 122 STAT. 341]]

            ``(3) the term `material support or resources' has the 
        meaning given that term in section 2339A of title 18;
            ``(4) the term `armed forces' has the meaning given that 
        term in section 101 of title 10;
            ``(5) the term `national of the United States' has the 
        meaning given that term in section 101(a)(22) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(6) the term `state sponsor of terrorism' means a country 
        the government of which the Secretary of State has determined, 
        for purposes of section 6(j) of the Export Administration Act of 
        1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms 
        Export Control Act (22 U.S.C. 2780), or any other provision of 
        law, is a government that has repeatedly provided support for 
        acts of international terrorism; and
            ``(7) the terms `torture' and `extrajudicial killing' have 
        the meaning given those terms in section 3 of the Torture Victim 
        Protection Act of 1991 (28 U.S.C. 1350 note).''.
            (2) Amendment to chapter analysis.--The table of sections at 
        the beginning of chapter 97 of title 28, United States Code, is 
        amended by inserting after the item relating to section 1605 the 
        following:

``1605A. Terrorism exception to the jurisdictional immunity of a foreign 
           state.''.

    (b) Conforming Amendments.--
            (1) General exception.--Section 1605 of title 28, United 
        States Code, is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (5)(B), by inserting ``or'' 
                      after the semicolon;
                          (ii) in paragraph (6)(D), by striking ``; or'' 
                      and inserting a period; and
                          (iii) by striking paragraph (7);
                    (B) by repealing subsections (e) and (f); and
                    (C) in subsection (g)(1)(A), by striking ``but for 
                subsection (a)(7)'' and inserting ``but for section 
                1605A''.
            (2) Counterclaims.--Section 1607(a) of title 28, United 
        States Code, is amended by inserting ``or 1605A'' after 
        ``1605''.
            (3) Property.--Section 1610 of title 28, United States Code, 
        is amended--
                    (A) in subsection (a)(7), by striking ``1605(a)(7)'' 
                and inserting ``1605A'';
                    (B) in subsection (b)(2), by striking ``(5), or (7), 
                or 1605(b)'' and inserting ``or (5), 1605(b), or 
                1605A'';
                    (C) in subsection (f), in paragraphs (1)(A) and 
                (2)(A), by inserting ``(as in effect before the 
                enactment of section 1605A) or section 1605A'' after 
                ``1605(a)(7)''; and
                    (D) by adding at the end the following:

    ``(g) Property in Certain Actions.--
            ``(1) In general.--Subject to paragraph (3), the property of 
        a foreign state against which a judgment is entered under 
        section 1605A, and the property of an agency or instrumentality 
        of such a state, including property that is a separate juridical 
        entity or is an interest held directly or indirectly in a 
        separate juridical entity, is subject to attachment in aid of 
        execution, and execution, upon that judgment as provided in this 
        section, regardless of--

[[Page 122 STAT. 342]]

                    ``(A) the level of economic control over the 
                property by the government of the foreign state;
                    ``(B) whether the profits of the property go to that 
                government;
                    ``(C) the degree to which officials of that 
                government manage the property or otherwise control its 
                daily affairs;
                    ``(D) whether that government is the sole 
                beneficiary in interest of the property; or
                    ``(E) whether establishing the property as a 
                separate entity would entitle the foreign state to 
                benefits in United States courts while avoiding its 
                obligations.
            ``(2) United states sovereign immunity inapplicable.--Any 
        property of a foreign state, or agency or instrumentality of a 
        foreign state, to which paragraph (1) applies shall not be 
        immune from attachment in aid of execution, or execution, upon a 
        judgment entered under section 1605A because the property is 
        regulated by the United States Government by reason of action 
        taken against that foreign state under the Trading With the 
        Enemy Act or the International Emergency Economic Powers Act.
            ``(3) Third-party joint property holders.--Nothing in this 
        subsection shall be construed to supersede the authority of a 
        court to prevent appropriately the impairment of an interest 
        held by a person who is not liable in the action giving rise to 
        a judgment in property subject to attachment in aid of 
        execution, or execution, upon such judgment.''.
            (4) Victims of crime act.--Section 1404C(a)(3) of the 
        Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended 
        by striking ``December 21, 1988 with respect to which an 
        investigation or'' and inserting ``October 23, 1983, with 
        respect to which an investigation or civil or criminal''.

    (c) Application to Pending Cases.--
            (1) In general.--The amendments made by this section shall 
        apply to any claim arising under section 1605A of title 28, 
        United States Code.
            (2) Prior actions.--
                    (A) In general.--With respect to any action that--
                          (i) was brought under section 1605(a)(7) of 
                      title 28, United States Code, or section 589 of 
                      the Foreign Operations, Export Financing, and 
                      Related Programs Appropriations Act, 1997 (as 
                      contained in section 101(c) of division A of 
                      Public Law 104-208), before the date of the 
                      enactment of this Act,
                          (ii) relied upon either such provision as 
                      creating a cause of action,
                          (iii) has been adversely affected on the 
                      grounds that either or both of these provisions 
                      fail to create a cause of action against the 
                      state, and
                          (iv) as of such date of enactment, is before 
                      the courts in any form, including on appeal or 
                      motion under rule 60(b) of the Federal Rules of 
                      Civil Procedure,
                that action, and any judgment in the action shall, on 
                motion made by plaintiffs to the United States district 
                court where the action was initially brought, or 
                judgment in the action was initially entered, be given 
                effect as if the action had

[[Page 122 STAT. 343]]

                originally been filed under section 1605A(c) of title 
                28, United States Code.
                    (B) Defenses waived.--The defenses of res judicata, 
                collateral estoppel, and limitation period are waived--
                          (i) in any action with respect to which a 
                      motion is made under subparagraph (A), or
                          (ii) in any action that was originally 
                      brought, before the date of the enactment of this 
                      Act, under section 1605(a)(7) of title 28, United 
                      States Code, or section 589 of the Foreign 
                      Operations, Export Financing, and Related Programs 
                      Appropriations Act, 1997 (as contained in section 
                      101(c) of division A of Public Law 104-208), and 
                      is refiled under section 1605A(c) of title 28, 
                      United States Code,
                to the extent such defenses are based on the claim in 
                the action.
                    (C) Time limitations.--A motion may be made or an 
                action may be refiled under subparagraph (A) only--
                          (i) if the original action was commenced not 
                      later than the latter of--
                                    (I)  10 years after April 24, 1996; 
                                or
                                    (II) 10 years after the cause of 
                                action arose; and
                          (ii) within the 60-day period beginning on the 
                      date of the enactment of this Act.
            (3) <<NOTE: Deadline.>> Related actions.--If an action 
        arising out of an act or incident has been timely commenced 
        under section 1605(a)(7) of title 28, United States Code, or 
        section 589 of the Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1997 (as contained in 
        section 101(c) of division A of Public Law 104-208), any other 
        action arising out of the same act or incident may be brought 
        under section 1605A of title 28, United States Code, if the 
        action is commenced not later than the latter of 60 days after--
                    (A) the date of the entry of judgment in the 
                original action; or
                    (B) the date of the enactment of this Act.
            (4) Preserving the jurisdiction of the courts.--Nothing in 
        section 1503 of the Emergency Wartime Supplemental 
        Appropriations Act, 2003 (Public Law 108-11, 117 Stat. 579) has 
        ever authorized, directly or indirectly, the making inapplicable 
        of any provision of chapter 97 of title 28, United States Code, 
        or the removal of the jurisdiction of any court of the United 
        States.

    (d) Applicability to Iraq.--
            (1) <<NOTE: President. Waiver authority.>> Applicability.--
        The President may waive any provision of this section with 
        respect to Iraq, insofar as that provision may, in the 
        President's determination, affect Iraq or any agency or 
        instrumentality thereof, if the President determines that--
                    (A) the waiver is in the national security interest 
                of the United States;
                    (B) the waiver will promote the reconstruction of, 
                the consolidation of democracy in, and the relations of 
                the United States with, Iraq; and
                    (C) Iraq continues to be a reliable ally of the 
                United States and partner in combating acts of 
                international terrorism.

[[Page 122 STAT. 344]]

            (2) <<NOTE: Applicability.>> Temporal scope.--The authority 
        under paragraph (1) shall apply--
                    (A) with respect to any conduct or event occurring 
                before or on the date of the enactment of this Act;
                    (B) with respect to any conduct or event occurring 
                before or on the date of the exercise of that authority; 
                and
                    (C) regardless of whether, or the extent to which, 
                the exercise of that authority affects any action filed 
                before, on, or after the date of the exercise of that 
                authority or of the enactment of this Act.
            (3) <<NOTE: President.>> Notification to congress.--A waiver 
        by the President under paragraph (1) shall cease to be effective 
        30 days after it is made unless the President has notified 
        Congress in writing of the basis for the waiver as determined by 
        the President under paragraph (1).
            (4) Sense of congress.--It is the sense of the Congress that 
        the President, acting through the Secretary of State, should 
        work with the Government of Iraq on a state-to-state basis to 
        ensure compensation for any meritorious claims based on 
        terrorist acts committed by the Saddam Hussein regime against 
        individuals who were United States nationals or members of the 
        United States Armed Forces at the time of those terrorist acts 
        and whose claims cannot be addressed in courts in the United 
        States due to the exercise of the waiver authority under 
        paragraph (1).

    (e) Severability.--If any provision of this section or the 
amendments made by this section, or the application of such provision to 
any person or circumstance, is held invalid, the remainder of this 
section and such amendments, and the application of such provision to 
other persons not similarly situated or to other circumstances, shall 
not be affected by such invalidation.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Extension of authority to waive annual limitation on total 
           compensation paid to Federal civilian employees working 
           overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees 
           called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal 
           property to former home following death of Federal employee 
           where death resulted from disease or injury incurred in the 
           Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on 
           deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel 
           demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research 
           and Engineering positions in experimental personnel program 
           for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information 
           technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain 
           travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.

[[Page 122 STAT. 345]]

Sec. 1114. Flexibility in setting pay for employees who move from a 
           Department of Defense or Coast Guard nonappropriated fund 
           instrumentality position to a position in the General 
           Schedule pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman 
           at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and 
           staff of the Uniformed Services University of the Health 
           Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian 
           mental health professionals.

SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL 
            COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES WORKING 
            OVERSEAS UNDER AREAS OF UNITED STATES CENTRAL COMMAND.

    (a) Extension.--Section 1105 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3450), as 
amended by section 1105 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2409), is amended--
            (1) in subsection (a)--
                    (A) by striking ``and 2007'' and inserting ``, 2007, 
                and 2008''; and
                    (B) by striking ``Code).'' and inserting ``Code) or, 
                during 2008, a military operation (including a 
                contingency operation, as so defined) or an operation in 
                response to an emergency declared by the President.''; 
                and
            (2) in subsection (b), by striking ``2007.'' and inserting 
        ``2007 or 2008.''.

    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall take effect as of December 31, 2007.

SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL EMPLOYEES 
            CALLED TO ACTIVE DUTY.

    Section 8706 of title 5, United States Code, is amended--
            (1) by redesignating subsections (d) through (g) as 
        subsections (e) through (h), respectively; and
            (2) by inserting after subsection (c) the following:

    ``(d)(1) An employee who enters on approved leave without pay in the 
circumstances described in paragraph (2) may elect to have such 
employee's life insurance continue (beyond the end of the 12 months of 
coverage provided for under subsection (a)) for an additional 12 months 
and arrange to pay currently into the Employees' Life Insurance Fund, 
through such employee's employing agency, both employee and agency 
contributions, from the beginning of that additional 12 months of 
coverage. The employing agency shall forward the premium payments to the 
Fund. If the employee does not so elect, such employee's insurance will 
continue during nonpay status and stop as provided by subsection (a). An 
individual making an election under this subsection may cancel that 
election at any time, in which case such employee's insurance will stop 
as provided by subsection (a) or upon receipt of notice of cancellation, 
whichever is later.
    ``(2) <<NOTE: Applicability.>> This subsection applies in the case 
of any employee who--
            ``(A) is a member of a reserve component of the armed forces 
        called or ordered to active duty under a call or order that does 
        not specify a period of 30 days or less; and
            ``(B) enters on approved leave without pay to perform active 
        duty pursuant to such call or order.''.

[[Page 122 STAT. 346]]

SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND PERSONAL 
            PROPERTY TO FORMER HOME FOLLOWING DEATH OF FEDERAL EMPLOYEE 
            WHERE DEATH RESULTED FROM DISEASE OR INJURY INCURRED IN THE 
            CENTRAL COMMAND AREA OF RESPONSIBILITY.

    (a) In General.--Paragraph (2) of section 5742(b) of title 5, United 
States Code, is amended to read as follows:
            ``(2) the expense of transporting his dependents, including 
        expenses of packing, crating, draying, and transporting 
        household effects and other personal property to his former home 
        or such other place as is determined by the head of the agency 
        concerned, if--
                    ``(A) the employee died while performing official 
                duties outside the continental United States or in 
                transit thereto or therefrom; or
                    ``(B) in the case of an employee who was a party to 
                a mandatory mobility agreement that was in effect when 
                the employee died--
                          ``(i) the employee died in the circumstances 
                      described in subparagraph (A); or
                          ``(ii)(I) the employee died as a result of 
                      disease or injury incurred while performing 
                      official duties--
                                    ``(aa) in an overseas location that, 
                                at the time such employee was performing 
                                such official duties, was within the 
                                area of responsibility of the Commander 
                                of the United States Central Command; 
                                and
                                    ``(bb) in direct support of or 
                                directly related to a military 
                                operation, including a contingency 
                                operation (as defined in section 101(13) 
                                of title 10) or an operation in response 
                                to an emergency declared by the 
                                President; and
                          ``(II) the employee's dependents were residing 
                      either outside the continental United States or 
                      within the continental United States when the 
                      employee died; and''.

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to deaths occurring on or after the date of the 
enactment of this Act.

SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON 
            DEPLOYMENT TEMPORARY CHANGE OF STATION.

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

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

    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `covered employee' means an individual who--
                    ``(A) is an employee of an Executive agency or a 
                military department, excluding a Government controlled 
                corporation; and
                    ``(B) is assigned on a temporary change of station 
                in support of a contingency operation;
            ``(2) the term `temporary change of station', as used with 
        respect to an employee, means an assignment--

[[Page 122 STAT. 347]]

                    ``(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. <<NOTE: Applicability.>> This subsection shall apply--
            ``(1) with respect to storage during the period of the 
        employee's temporary assignment (as described in subsection 
        (a)(1)(B)); and
            ``(2) in the case of a covered employee, with respect to not 
        more than one motor vehicle as of any given time.

    ``(d) Relationship to Other Benefits.--Any benefits under this 
section shall be in addition to (and not in lieu of) any other benefits 
for which the covered employee is otherwise eligible.''.
    (b) Clerical Amendment.--The table of sections for chapter 57 of 
such title is amended by inserting after the item relating to section 
5737 the following:

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

SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.

    (a) Death Gratuity Authorized.--Chapter 81 of title 5, United States 
Code, is amended by inserting after section 8102 the following:

``Sec. 8102a. Death gratuity for injuries incurred in connection with 
                        employee's service with an Armed Force

    ``(a) Death Gratuity Authorized.--The United States shall pay a 
death gratuity of up to $100,000 to or for the survivor prescribed by 
subsection (d) immediately upon receiving official notification of the 
death of an employee who dies of injuries incurred in connection with 
the employee's service with an Armed Force in a contingency operation.
    ``(b) Retroactive Payment in Certain Cases.--At the discretion of 
the Secretary concerned, subsection (a) may apply in the case of an 
employee who died, on or after October 7, 2001, and before the date of 
enactment of this section, as a result of injuries incurred in 
connection with the employee's service with an Armed Force in the 
theater of operations of Operation Enduring Freedom or Operation Iraqi 
Freedom.
    ``(c) Relationship to Other Benefits.--The death gratuity payable 
under this section shall be reduced by the amount of any death gratuity 
provided under section 413 of the Foreign Service Act of 1980, section 
1603 of the Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Hurricane Recovery, 2006, or any other law of 
the United States based on the same death.
    ``(d) Eligible Survivors.--

[[Page 122 STAT. 348]]

            ``(1) Subject to paragraph (5), a death gratuity payable 
        upon the death of a person covered by subsection (a) shall be 
        paid to or for the living survivor highest on the following 
        list:
                    ``(A) The employee's surviving spouse.
                    ``(B) The employee's children, as prescribed by 
                paragraph (2), in equal shares.
                    ``(C) If designated by the employee, any one or more 
                of the following persons:
                          ``(i) The employee's parents or persons in 
                      loco parentis, as prescribed by paragraph (3).
                          ``(ii) The employee's brothers.
                          ``(iii) The employee's sisters.
                    ``(D) The employee's parents or persons in loco 
                parentis, as prescribed by paragraph (3), in equal 
                shares.
                    ``(E) The employee's brothers and sisters in equal 
                shares.
        Subparagraphs (C) and (E) of this paragraph include brothers and 
        sisters of the half blood and those through adoption.
            ``(2) Paragraph (1)(B) applies, without regard to age or 
        marital status, to--
                    ``(A) legitimate children;
                    ``(B) adopted children;
                    ``(C) stepchildren who were a part of the decedent's 
                household at the time of death;
                    ``(D) illegitimate children of a female decedent; 
                and
                    ``(E) illegitimate children of a male decedent--
                          ``(i) who have been acknowledged in writing 
                      signed by the decedent;
                          ``(ii) who have been judicially determined, 
                      before the decedent's death, to be his children;
                          ``(iii) who have been otherwise proved, by 
                      evidence satisfactory to the employing agency, to 
                      be children of the decedent; or
                          ``(iv) to whose support the decedent had been 
                      judicially ordered to contribute.
            ``(3) Subparagraphs (C) and (D) of paragraph (1), so far as 
        they apply to parents and persons in loco parentis, include 
        fathers and mothers through adoption, and persons who stood in 
        loco parentis to the decedent for a period of not less than one 
        year at any time before the decedent became an employee. 
        However, only one father and one mother, or their counterparts 
        in loco parentis, may be recognized in any case, and preference 
        shall be given to those who exercised a parental relationship on 
        the date, or most nearly before the date, on which the decedent 
        became an employee.
            ``(4) <<NOTE: Effective date.>> 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).

[[Page 122 STAT. 349]]

            ``(5) If a person entitled to all or a portion of a death 
        gratuity under paragraph (1) or (4) dies before the person 
        receives the death gratuity, it shall be paid to the living 
        survivor next in the order prescribed by paragraph (1).

    ``(e) Definitions.--(1) The term `contingency operation' has the 
meaning given to that term in section 1482a(c) of title 10, United 
States Code.
    ``(2) The term `employee' has the meaning provided in section 8101 
of this title, but also includes a nonappropriated fund instrumentality 
employee, as defined in section 1587(a)(1) of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title is amended by inserting after the item relating 
to section 8102 the following:

``8102a. Death gratuity for injuries incurred in connection with 
           employee's service with an Armed Force.''.

SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM.

    (a) In General.--Section 9902 of title 5, United States Code, is 
amended to read as follows:

``Sec. 9902. Establishment of human resources management system

    ``(a) In General.--The Secretary may, in regulations prescribed 
jointly with the Director, establish, and from time to time adjust, a 
human resources management system for some or all of the organizational 
or functional units of the Department of Defense. The human resources 
management system established under authority of this section shall be 
referred to as the `National Security Personnel System'.
    ``(b) System Requirements.--Any system established under subsection 
(a) shall--
            ``(1) be flexible;
            ``(2) be contemporary;
            ``(3) not waive, modify, or otherwise affect--
                    ``(A) the public employment principles of merit and 
                fitness set forth in section 2301, including the 
                principles of hiring based on merit, fair treatment 
                without regard to political affiliation or other 
                nonmerit considerations, equal pay for equal work, and 
                protection of employees against reprisal for 
                whistleblowing;
                    ``(B) any provision of section 2302, relating to 
                prohibited personnel practices;
                    ``(C)(i) any provision of law referred to in section 
                2302(b)(1), (8), and (9); or
                    ``(ii) any provision of law implementing any 
                provision of law referred to in section 2302(b)(1), (8), 
                and (9) by--
                          ``(I) providing for equal employment 
                      opportunity through affirmative action; or
                          ``(II) providing any right or remedy available 
                      to any employee or applicant for employment in the 
                      public service;
                    ``(D) any other provision of this part (as described 
                in subsection (d)); or
                    ``(E) any rule or regulation prescribed under any 
                provision of law referred to in this paragraph;

[[Page 122 STAT. 350]]

            ``(4) not apply to any prevailing rate employees, as defined 
        in section 5342(a)(2);
            ``(5) ensure that employees may organize, bargain 
        collectively, and participate through labor organizations of 
        their own choosing in decisions which affect them, subject to 
        any exclusion from coverage or limitation on negotiability 
        established pursuant to law;
            ``(6) not be limited by any specific law or authority under 
        this title, or by any rule or regulation prescribed under this 
        title, that is waived in regulations prescribed under this 
        chapter, subject to paragraph (3); and
            ``(7) include a performance management system that 
        incorporates the following elements:
                    ``(A) Adherence to merit principles set forth in 
                section 2301.
                    ``(B) A fair, credible, and transparent employee 
                performance appraisal system.
                    ``(C) A link between the performance management 
                system and the agency's strategic plan.
                    ``(D) A means for ensuring employee involvement in 
                the design and implementation of the system.
                    ``(E) Adequate training and retraining for 
                supervisors, managers, and employees in the 
                implementation and operation of the performance 
                management system.
                    ``(F) A process for ensuring ongoing performance 
                feedback and dialogue between supervisors, managers, and 
                employees throughout the appraisal period, and setting 
                timetables for review.
                    ``(G) Effective safeguards to ensure that the 
                management of the system is fair and equitable and based 
                on employee performance.
                    ``(H) A means for ensuring that adequate agency 
                resources are allocated for the design, implementation, 
                and administration of the performance management system.
                    ``(I) A pay-for-performance evaluation system to 
                better link individual pay to performance, and provide 
                an equitable method for appraising and compensating 
                employees.

    ``(c) Personnel Management at Defense Laboratories.--
            ``(1) <<NOTE: Applicability.>> The National Security 
        Personnel System shall not apply with respect to a laboratory 
        under paragraph (2) before October 1, 2011, and shall apply on 
        or after October 1, 2011, only to the extent that the Secretary 
        determines that the flexibilities provided by the National 
        Security Personnel System are greater than the flexibilities 
        provided to those laboratories pursuant to section 342 of the 
        National Defense Authorization Act for Fiscal Year 1995 (Public 
        Law 103-337; 108 Stat. 2721) and section 1101 of the Strom 
        Thurmond National Defense Authorization Act for Fiscal Year 1999 
        (5 U.S.C. 3104 note), respectively.
            ``(2) The laboratories to which this subsection applies 
        are--
                    ``(A) the Aviation and Missile Research Development 
                and Engineering Center;
                    ``(B) the Army Research Laboratory;
                    ``(C) the Medical Research and Materiel Command;
                    ``(D) the Engineer Research and Development Command;
                    ``(E) the Communications-Electronics Command;

[[Page 122 STAT. 351]]

                    ``(F) the Soldier and Biological Chemical Command;
                    ``(G) the Naval Sea Systems Command Centers;
                    ``(H) the Naval Research Laboratory;
                    ``(I) the Office of Naval Research; and
                    ``(J) the Air Force Research Laboratory.

    ``(d) Other Nonwaivable Provisions.--The other provisions of this 
part referred to in subsection (b)(3)(D) are--
            ``(1) subparts A, B, E, G, and H of this part; and
            ``(2) chapters 41, 45, 47, 55 (except subchapter V thereof, 
        apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and 79, 
        and this chapter.

    ``(e) Limitations Relating to Pay.--
            ``(1) Nothing in this section shall constitute authority to 
        modify the pay of any employee who serves in an Executive 
        Schedule position under subchapter II of chapter 53.
            ``(2) Except as provided for in paragraph (1), the total 
        amount in a calendar year of allowances, differentials, bonuses, 
        awards, or other similar cash payments paid under this title to 
        any employee who is paid under section 5376 or 5383 or under 
        title 10 or under other comparable pay authority established for 
        payment of Department of Defense senior executive or equivalent 
        employees may not exceed the total annual compensation payable 
        to the Vice President under section 104 of title 3.
            ``(3) To the maximum extent practicable, the rates of 
        compensation for civilian employees at the Department of Defense 
        shall be adjusted at the same rate, and in the same proportion, 
        as are rates of compensation for members of the uniformed 
        services.
            ``(4) To the maximum extent practicable, for fiscal years 
        2004 through 2012, the overall amount allocated for compensation 
        of the civilian employees of an organizational or functional 
        unit of the Department of Defense that is included in the 
        National Security Personnel System shall not be less than the 
        amount that would have been allocated for compensation of such 
        employees for such fiscal year if they had not been converted to 
        the National Security Personnel System, based on, at a minimum--
                    ``(A) the number and mix of employees in such 
                organizational or functional unit prior to the 
                conversion of such employees to the National Security 
                Personnel System; and
                    ``(B) adjusted for normal step increases and rates 
                of promotion that would have been expected, had such 
                employees remained in their previous pay schedule.
            ``(5) To the maximum extent practicable, the regulations 
        implementing the National Security Personnel System shall 
        provide a formula for calculating the overall amount to be 
        allocated for fiscal years after fiscal year 2012 for 
        compensation of the civilian employees of an organization or 
        functional unit of the Department of Defense that is included in 
        the National Security Personnel System. The formula shall ensure 
        that in the aggregate, employees are not disadvantaged in terms 
        of the overall amount of pay available as a result of conversion 
        to the National Security Personnel System, while providing 
        flexibility to accommodate changes in the function of the 
        organization, changes in the mix of employees performing those

[[Page 122 STAT. 352]]

        functions, and other changed circumstances that might impact pay 
        levels.
            ``(6) Amounts allocated for compensation of civilian 
        employees of the Department of Defense pursuant to paragraphs 
        (4) and (5) shall be available only for the purpose of providing 
        such compensation.
            ``(7) At the time of any annual adjustment to pay schedules 
        pursuant to section 5303, the rate of basic pay for each 
        employee of an organizational or functional unit of the 
        Department of Defense that is included in the National Security 
        Personnel System who receives a performance rating above 
        unacceptable or who does not have a current rating of record for 
        the most recently completed appraisal period shall be adjusted 
        by no less than 60 percent of the amount of such adjustment. The 
        balance of the amount that would have been available for an 
        annual adjustment under section 5303 shall be allocated to pay 
        pool funding, for the purpose of increasing rates of pay on the 
        basis of employee performance.
            ``(8) Each employee of an organizational or functional unit 
        of the Department of Defense that is included in the National 
        Security Personnel System who receives a performance rating 
        above unacceptable or who does not have a current rating of 
        record for the most recently completed appraisal period shall 
        receive--
                    ``(A) locality-based comparability payments under 
                section 5304 and section 5304a in the same manner and to 
                the same extent as employees under the General Schedule; 
                or
                    ``(B) the full measure of any other local market 
                supplement applicable to the employee if locality-based 
                comparability payments referred to in subparagraph (A) 
                are not generally applicable to the employee.
        Nothing in this paragraph shall be construed to make locality-
        based comparability payments or other local market supplements 
        payable to any category of employees or positions which were 
        ineligible for such payments or supplements (as the case may be) 
        as of the day before the date of the enactment of the National 
        Defense Authorization Act for Fiscal Year 2004.
            ``(9) Any rate of pay established or adjusted in accordance 
        with the requirements of this section shall be non-negotiable, 
        but shall be subject to procedures and appropriate arrangements 
        of paragraphs (2) and (3) of section 7106(b), except that 
        nothing in this paragraph shall be construed to eliminate the 
        bargaining rights of any category of employees who were 
        authorized to negotiate rates of pay as of the day before the 
        date of the enactment of the National Defense Authorization Act 
        for Fiscal Year 2004.

    ``(f) Provisions Regarding National Level Bargaining.--
            ``(1) The Secretary may bargain with a labor organization 
        which has been accorded exclusive recognition under chapter 71 
        at an organizational level above the level of exclusive 
        recognition. The decision to bargain above the level of 
        exclusive recognition shall not be subject to review. The 
        Secretary shall consult with the labor organization before 
        determining the appropriate organizational level of bargaining.
            ``(2) Any such bargaining shall--
                    ``(A) address issues that are--

[[Page 122 STAT. 353]]

                          ``(i) subject to bargaining under chapter 71 
                      and this chapter;
                          ``(ii) applicable to multiple bargaining 
                      units; and
                          ``(iii) raised by either party to the 
                      bargaining;
                    ``(B) except as agreed by the parties or directed 
                through an independent dispute resolution process agreed 
                upon by the parties, be binding on all affected 
                subordinate bargaining units of the labor organization 
                at the level of recognition and their exclusive 
                representatives, and the Department of Defense and its 
                subcomponents, without regard to levels of recognition;
                    ``(C) to the extent agreed by the parties or 
                directed through an independent dispute resolution 
                process agreed upon by the parties, supersede 
                conflicting provisions of all other collective 
                bargaining agreements of the labor organization, 
                including collective bargaining agreements negotiated 
                with an exclusive representative at the level of 
                recognition; and
                    ``(D) except as agreed by the parties or directed 
                through an independent dispute resolution process agreed 
                upon by the parties, not be subject to further 
                negotiations for any purpose, including bargaining at 
                the level of recognition.
            ``(3) Any independent dispute resolution process agreed to 
        by the parties for the purposes of paragraph (2) shall have the 
        authority to address all issues on which the parties are unable 
        to reach agreement.
            ``(4) The National Guard Bureau and the Army and Air Force 
        National Guard may be included in coverage under this 
        subsection.
            ``(5) Any bargaining completed pursuant to this subsection 
        with a labor organization not otherwise having national 
        consultation rights with the Department of Defense or its 
        subcomponents shall not create any obligation on the Department 
        of Defense or its subcomponents to confer national consultation 
        rights on such a labor organization.

    ``(g) Provisions Related to Separation and Retirement Incentives.--
            ``(1) The Secretary may establish a program within the 
        Department of Defense under which employees may be eligible for 
        early retirement, offered separation incentive pay to separate 
        from service voluntarily, or both. This authority may be used to 
        reduce the number of personnel employed by the Department of 
        Defense or to restructure the workforce to meet mission 
        objectives without reducing the overall number of personnel. 
        This authority is in addition to, and notwithstanding, any other 
        authorities established by law or regulation for such programs.
            ``(2)(A) The Secretary may not authorize the payment of 
        voluntary separation incentive pay under paragraph (1) to more 
        than 25,000 employees in any fiscal year, except that employees 
        who receive voluntary separation incentive pay as a result of a 
        closure or realignment of a military installation under the 
        Defense Base Closure and Realignment Act of 1990 (title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) shall not be included 
        in that number.
            ``(B) <<NOTE: Reports.>> The Secretary shall prepare a 
        report each fiscal year setting forth the number of employees 
        who received such pay

[[Page 122 STAT. 354]]

        as a result of a closure or realignment of a military base as 
        described under subparagraph (A).
            ``(C) The Secretary shall submit the report under 
        subparagraph (B) to the Committee on Armed Services and the 
        Committee on Governmental Affairs of the Senate, and the 
        Committee on Armed Services and the Committee on Government 
        Reform of the House of Representatives.
            ``(3) For purposes of this section, the term `employee' 
        means an employee of the Department of Defense, serving under an 
        appointment without time limitation, except that such term does 
        not include--
                    ``(A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84, or another retirement system 
                for employees of the Federal Government;
                    ``(B) an employee having a disability on the basis 
                of which such employee is or would be eligible for 
                disability retirement under any of the retirement 
                systems referred to in subparagraph (A); or
                    ``(C) for purposes of eligibility for separation 
                incentives under this section, an employee who is in 
                receipt of a decision notice of involuntary separation 
                for misconduct or unacceptable performance.
            ``(4) An employee who is at least 50 years of age and has 
        completed 20 years of service, or has at least 25 years of 
        service, may, pursuant to regulations promulgated under this 
        section, apply and be retired from the Department of Defense and 
        receive benefits in accordance with chapter 83 or 84 if the 
        employee has been employed continuously within the Department of 
        Defense for more than 30 days before the date on which the 
        determination to conduct a reduction or restructuring within 1 
        or more Department of Defense components is approved.
            ``(5)(A) Separation pay shall be paid in a lump sum or in 
        installments and shall be equal to the lesser of --
                    ``(i) an amount equal to the amount the employee 
                would be entitled to receive under section 5595(c), if 
                the employee were entitled to payment under such 
                section; or
                    ``(ii) $25,000.
            ``(B) Separation pay shall not be a basis for payment, and 
        shall not be included in the computation, of any other type of 
        Government benefit. Separation pay shall not be taken into 
        account for the purpose of determining the amount of any 
        severance pay to which an individual may be entitled under 
        section 5595, based on any other separation.
            ``(C) Separation pay, if paid in installments, shall cease 
        to be paid upon the recipient's acceptance of employment by the 
        Federal Government, or commencement of work under a personal 
        services contract as described in paragraph (6).
            ``(6)(A) An employee who receives separation pay under such 
        program may not be reemployed by the Department of Defense for a 
        12-month period beginning on the effective date of the 
        employee's separation, unless this prohibition is waived by the 
        Secretary on a case-by-case basis.
            ``(B) An employee who receives separation pay under this 
        section on the basis of a separation occurring on or after the 
        date of the enactment of the Federal Workforce Restructuring Act 
        of 1994 (Public Law 103-226; 108 Stat. 111) and accepts

[[Page 122 STAT. 355]]

        employment with the Government of the United States, or who 
        commences work through a personal services contract with the 
        United States within 5 years after the date of the separation on 
        which payment of the separation pay is based, shall be required 
        to repay the entire amount of the separation pay to the 
        Department of Defense. If the employment is with an Executive 
        agency (as defined by section 105) other than the Department of 
        Defense, the Director may, at the request of the head of that 
        agency, waive the repayment if the individual involved possesses 
        unique abilities and is the only qualified applicant available 
        for the position. If the employment is within the Department of 
        Defense, the Secretary may waive the repayment if the individual 
        involved is the only qualified applicant available for the 
        position. If the employment is with an entity in the legislative 
        branch, the head of the entity or the appointing official may 
        waive the repayment if the individual involved possesses unique 
        abilities and is the only qualified applicant available for the 
        position. If the employment is with the judicial branch, the 
        Director of the Administrative Office of the United States 
        Courts may waive the repayment if the individual involved 
        possesses unique abilities and is the only qualified applicant 
        available for the position.
            ``(7) Under this program, early retirement and separation 
        pay may be offered only pursuant to regulations established by 
        the Secretary, subject to such limitations or conditions as the 
        Secretary may require.

    ``(h) Provisions Relating to Reemployment.--
            ``(1) Except as provided under paragraph (2), if an 
        annuitant receiving an annuity from the Civil Service Retirement 
        and Disability Fund becomes employed in a position within the 
        Department of Defense, his annuity shall continue. An annuitant 
        so reemployed shall not be considered an employee for purposes 
        of subchapter III of chapter 83 or chapter 84.
            ``(2)(A) An annuitant retired under section 8336(d)(1) or 
        8414(b)(1)(A) receiving an annuity from the Civil Service 
        Retirement and Disability Fund, who becomes employed in a 
        position within the Department of Defense after the date of 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2004 (Public Law 108-136), may elect to be subject to 
        section 8344 or 8468 (as the case may be).
            ``(B) <<NOTE: Deadline.>> An election for coverage under 
        this paragraph shall be filed not later than the later of 90 
        days after the date the Department of Defense--
                    ``(i) prescribes regulations to carry out this 
                subsection; or
                    ``(ii) <<NOTE: Notification.>> takes reasonable 
                actions to notify employees who may file an election.
            ``(C) <<NOTE: Effective date.>> If an employee files an 
        election under this paragraph, coverage shall be effective 
        beginning on the first day of the first applicable pay period 
        beginning on or after the date of the filing of the election.
            ``(D) <<NOTE: Applicability.>> Paragraph (1) shall apply to 
        an individual who is eligible to file an election under 
        subparagraph (A) and does not file a timely election under 
        subparagraph (B).
            ``(3) <<NOTE: Regulations.>> The Secretary shall prescribe 
        regulations to carry out this subsection.

[[Page 122 STAT. 356]]

    ``(i) Additional Provisions Relating to Personnel Management.--
            ``(1) Subject to the requirements of chapter 71 and the 
        limitations in subsection (b)(3), the Secretary of Defense, in 
        establishing and implementing the National Security Personnel 
        System under subsection (a), shall not be limited by any 
        provision of this title or any rule or regulation prescribed 
        under this title in establishing and implementing regulations 
        relating to--
                    ``(A) the methods of establishing qualification 
                requirements for, recruitment for, and appointments to 
                positions; and
                    ``(B) the methods of assigning, reassigning, 
                detailing, transferring, or promoting employees.
            ``(2) In implementing this subsection, the Secretary shall 
        comply with the provisions of section 2302(b)(11), regarding 
        veterans' preference requirements, as provided for in subsection 
        (b)(3).

    ``(j) Phase-in.--The Secretary may not, in any calendar year, add 
any organizational or functional unit to the National Security Personnel 
System which would cause the total number of employees added to such 
System in such year to exceed 100,000.''.
    (b) Implementation.--
            (1) <<NOTE: Regulations. Notification. Public comment.>> The 
        requirements of section 9902 of title 5, United States Code, as 
        amended by this section, may be implemented through rules 
        promulgated jointly by the Secretary of Defense and the Director 
        of the Office of Personnel Management after notice and 
        opportunity for public comment or through Department of Defense 
        rules or internal agency implementing issuances. Rules 
        promulgated jointly by the Secretary and the Director under this 
        paragraph shall be treated as major rules for the purposes of 
        section 801 of title 5, United States Code.
            (2) Both rules and implementing issuances shall be subject 
        to collective bargaining consistent with the requirements of 
        chapter 71 of title 5, United States Code. Rules promulgated 
        jointly by the Secretary of Defense and the Director of the 
        Office of Personnel Management after notice and opportunity for 
        public comment and in accordance with the requirements of 
        section 801 of such title 5 for a major rule shall be treated in 
        the same manner as government-wide rules for the purpose of such 
        collective bargaining, if such rules are uniformly applicable to 
        all organizational or functional units included in the National 
        Security Personnel System.
            (3) Any rules and implementing issuances that were adopted 
        prior to the date of the enactment of this Act--
                    (A) shall be invalid to the extent that they are 
                inconsistent with the requirements of section 9902 of 
                title 5, United States Code, as amended by this section;
                    (B) shall not supersede a collective bargaining 
                agreement that was in place prior to the date on which 
                the rule or implementing issuance was promulgated; and
                    (C) shall be subject to collective bargaining--
                          (i) in the case of rules which are uniformly 
                      applicable to all organizational or functional 
                      units included in the National Security Personnel 
                      System and issued jointly by the Secretary of 
                      Defense and the Director of the Office of 
                      Personnel Management

[[Page 122 STAT. 357]]

                      pursuant to subsection 9902(f)(1) of title 5, 
                      United States Code (as in effect prior to the 
                      enactment of this section), only as to impact and 
                      implementation, when applied to employees of the 
                      Department of Defense from any bargaining unit;
                          (ii) in the case of any other rules or 
                      implementing issuances, to the extent provided in 
                      chapter 71 of title 5, United States Code.
            (4) The availability of judicial review of any rules or 
        implementing issuances that were adopted prior to the date of 
        the enactment of this Act shall not be affected by the enactment 
        of this section.

    (c) Comptroller General Reviews.--
            (1) The Comptroller General shall conduct annual reviews in 
        calendar years 2008, 2009 and 2010 of--
                    (A) employee satisfaction with the National Security 
                Personnel System established pursuant to section 9902 of 
                title 5, United States Code, as amended by this section; 
                and
                    (B) the extent to which the Department of Defense 
                has effectively implemented accountability mechanisms, 
                including those established in section 9902(b)(7) of 
                title 5, United States Code, and internal safeguards for 
                the National Security Personnel System.
            (2) To the extent that the Department of Defense undertakes 
        internal assessments or employee surveys to assess employee 
        satisfaction with the National Security Personnel System in any 
        such calendar year, the Comptroller General shall--
                    (A) determine whether such assessments or surveys 
                are appropriately designed and statistically valid; and
                    (B) provide an independent evaluation of the results 
                of such assessments or surveys.
            (3) To the extent that the Department of Defense does not 
        undertake appropriately designed and statistically valid 
        employee surveys, the Comptroller General shall conduct such a 
        survey and provide an independent evaluation of the results.
            (4) <<NOTE: Reports.>> The Comptroller General shall report 
        the results of each annual review conducted under this 
        subsection to the Committees on Armed Services of the Senate and 
        the House of Representatives, the Committee on Homeland Security 
        and Governmental Affairs of the Senate, and the Committee on 
        Oversight and Government Reform of the House of Representatives.

SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL 
            DEMONSTRATION PROJECT.

    (a) Requirement.--The Secretary of Defense shall take all necessary 
actions to fully implement and use the authorities provided to the 
Secretary under section 342(b) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by 
section 1114 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 
Stat. 1654A-315), to carry out personnel management demonstration 
projects at Department of Defense laboratories that are exempted by 
section 9902(c) of

[[Page 122 STAT. 358]]

title 5, United States Code, from inclusion in the Department of Defense 
National Security Personnel System.
    (b) Process for Full Implementation.-- <<NOTE: Plan.>> The Secretary 
of Defense shall also implement a process and implementation plan to 
fully utilize the authorities described in subsection (a) to enhance the 
performance of the missions of the laboratories.

    (c) Other Laboratories.--Any flexibility available to any 
demonstration laboratory shall be available for use at any other 
laboratory as enumerated in section 9902(c)(2) of title 5, United States 
Code.
    (d) Submission of List and Description.-- <<NOTE: Deadline.>> Not 
later than March 1 of each year, beginning with March 1, 2008, the 
Secretary of Defense shall submit to Congress a list and description of 
the demonstration project notices, amendments, and changes requested by 
the laboratories during the preceding calendar year. The list shall 
include all approved and disapproved notices, amendments, and changes, 
and the reasons for disapproval or delay in approval.

SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE RESEARCH 
            AND ENGINEERING POSITIONS IN EXPERIMENTAL PERSONNEL PROGRAM 
            FOR SCIENTIFIC AND TECHNICAL PERSONNEL.

    Section 1101(b)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by adding ``and'' at the end; and
            (3) by adding after subparagraph (C) the following:
                    ``(D) not more than a total of 10 scientific and 
                engineering positions in the Office of the Director of 
                Defense Research and Engineering;''.

SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF INFORMATION 
            TECHNOLOGY PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS.

    (a) Assignment Authority.--The Secretary of Defense may, with the 
agreement of the private sector organization and the Department of 
Defense employee concerned, arrange for the temporary assignment of such 
employee to such private sector organization under this section. An 
employee shall be eligible for such an assignment only if--
            (1) the employee--
                    (A) works in the field of information technology 
                management;
                    (B) is considered to be an exceptional employee;
                    (C) is expected to assume increased information 
                technology management responsibilities in the future;
                    (D) is compensated at not less than the GS-11 level 
                (or the equivalent); and
                    (E) is serving under a career or career-conditional 
                appointment or an appointment of equivalent tenure in 
                the excepted service; and
            (2) the proposed assignment meets applicable requirements of 
        section 209(b) of the E-Government Act of 2002 (44 U.S.C. 3501 
        note).

    (b) Agreements.--The Secretary of Defense shall provide for a 
written agreement between the Department of Defense and the

[[Page 122 STAT. 359]]

employee concerned regarding the terms and conditions of the employee's 
assignment under this section. The agreement--
            (1) shall require that, upon completion of the assignment, 
        the employee will serve in the civil service for a period equal 
        to the length of the assignment; and
            (2) shall provide that if the employee fails to carry out 
        the agreement, such employee shall be liable to the United 
        States for payment of all expenses of the assignment, unless 
        that failure was for good and sufficient reason (as determined 
        by the Secretary of Defense).

An amount for which an employee is liable under paragraph (2) shall be 
treated as a debt due the United States.
    (c) Termination.--An assignment under this section may, at any time 
and for any reason, be terminated by the Department of Defense or the 
private sector organization concerned.
    (d) Duration.--An assignment under this section shall be for a 
period of not less than 3 months and not more than 1 year, and may be 
extended in 3-month increments for a total of not more than 1 additional 
year; however, no assignment under this section may commence after 
September 30, 2010.
    (e) Considerations.--In carrying out this section, the Secretary of 
Defense--
            (1) shall ensure that, of the assignments made under this 
        section each year, at least 20 percent are to small business 
        concerns (as defined by section 3703(e)(2)(A) of title 5, United 
        States Code); and
            (2) shall take into consideration the question of how 
        assignments under this section might best be used to help meet 
        the needs of the Department of Defense with respect to the 
        training of employees in information technology management.

    (f) Numerical Limitation.--In no event may more than 10 employees be 
participating in assignments under this section as of any given time.
    (g) Reporting Requirement.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and House of 
        Representatives a report on the potential benefits of a program 
        under which employees specializing in information technology may 
        be temporarily assigned from private sector organizations to the 
        Department of Defense.
            (2) Contents.--The report shall include--
                    (A) a statement of findings and an explanation of 
                the bases for those findings;
                    (B) an assessment of the laws, rules, and processes 
                relating to the prevention of conflicts of interest and 
                abuse which would apply to private sector employees 
                during the period of their assignment to the Department 
                of Defense, and whether they need to be strengthened or 
                otherwise changed;
                    (C) mechanisms proposed for the governance and 
                oversight of the program; and
                    (D) recommendations for any legislation which may be 
                necessary.

[[Page 122 STAT. 360]]

SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN 
            TRAVEL HOURS.

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

SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.

    (a) Eligibility for Compensatory Time Off for Travel.--Section 
5550b(a) of title 5, United States Code, is amended by striking 
``section 5542(b)(2),'' and inserting ``any provision of section 
5542(b)(2) or 5544(a),''.
    (b) Conforming Amendment.--Section 5541(2)(xi) of such title is 
amended by striking ``section 5544'' and inserting ``section 5544 or 
5550b''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the earlier of--
            (1) the effective date of any regulations prescribed to 
        carry out such amendments; or
            (2) the 90th day after the date of the enactment of this 
        Act.

SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.

    Section 6304(f)(1) of title 5, United States Code, is amended--
            (1) in the matter before subparagraph (A), by striking ``in 
        a position in--'' and inserting ``in--'';
            (2) in subparagraphs (A) through (E), by inserting ``a 
        position in'' before ``the'';
            (3) in subparagraph (D), by striking ``or'' at the end;
            (4) in subparagraph (E), by striking the period and 
        inserting a semicolon; and
            (5) by adding after subparagraph (E) the following:
            ``(F) a position to which section 5376 applies; or
            ``(G) a position designated under section 1607(a) of title 
        10 as an Intelligence Senior Level position.''.

SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.

    Section 1593(b) of title 10, United States Code, is amended by 
striking ``$400 per year.'' and inserting ``$400 per year (or such 
higher maximum amount as the Secretary of Defense may by regulation 
prescribe).''.

SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A 
            DEPARTMENT OF DEFENSE OR COAST GUARD NONAPPROPRIATED FUND 
            INSTRUMENTALITY POSITION TO A POSITION IN THE GENERAL 
            SCHEDULE PAY SYSTEM.

    Section 5334(f) of title 5, United States Code, is amended--
            (1) by striking ``(f)'' and inserting ``(f)(1)'';
            (2) in the first sentence, by striking ``does not exceed'' 
        and all that follows through ``2105(c).'' and inserting the 
        following: ``does not exceed--
            ``(A) if the highest previous rate of basic pay received by 
        that employee during the employee's service described in section

[[Page 122 STAT. 361]]

        2105(c) is equal to a rate of the appropriate grade, such rate 
        of the appropriate grade;
            ``(B) if the employee's highest previous rate of basic pay 
        (as described in subparagraph (A)) is between two rates of the 
        appropriate grade, the higher of those two rates; or
            ``(C) if the employee's highest previous rate of basic pay 
        (as described in subparagraph (A)) exceeds the maximum rate of 
        the appropriate grade, the maximum rate of the appropriate 
        grade.''; and
            (3) in the second sentence, by striking ``In the case of'' 
        and inserting the following:

    ``(2) In the case of''.

SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN 
            AT A MILITARY SERVICE ACADEMY.

    (a) Civil Service Retirement System.--Section 8331(13) of title 5, 
United States Code, is amended by striking ``but'' and inserting ``and 
includes service as a cadet at the United States Military Academy, the 
United States Air Force Academy, or the United States Coast Guard 
Academy, or as a midshipman at the United States Naval Academy, but''.
    (b) Federal Employees' Retirement System.--Section 8401(31) of such 
title is amended by striking ``but'' and inserting ``and includes 
service as a cadet at the United States Military Academy, the United 
States Air Force Academy, or the United States Coast Guard Academy, or 
as a midshipman at the United States Naval Academy, but''.
    (c) Applicability.--The amendments made by this section shall apply 
to--
            (1) any annuity, eligibility for which is based upon a 
        separation occurring before, on, or after the date of enactment 
        of this Act; and
            (2) any period of service as a cadet at the United States 
        Military Academy, the United States Air Force Academy, or the 
        United States Coast Guard Academy, or as a midshipman at the 
        United States Naval Academy, occurring before, on, or after the 
        date of enactment of this Act.

SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND 
            STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH 
            SCIENCES.

    Section 2113(c) of title 10, United States Code, as redesignated by 
section 954(a)(3) of this Act, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(after due consideration by the 
                Secretary)'' before ``so as''; and
                    (B) by striking ``within the vicinity of the 
                District of Columbia'' and inserting ``identified by the 
                Secretary for purposes of this paragraph''; and
            (2) in paragraph (4)--
                    (A) by striking ``section 5373'' and inserting 
                ``sections 5307 and 5373''; and
                    (B) by adding at the end the following new sentence: 
                ``In no event may the total amount of compensation paid 
                to an employee under paragraph (1) in any year 
                (including salary, allowances, differentials, bonuses, 
                awards, and other similar cash payments) exceed the 
                total amount of

[[Page 122 STAT. 362]]

                annual compensation (excluding expenses) specified in 
                section 102 of title 3.''.

SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM FOR CIVILIAN 
            MENTAL HEALTH PROFESSIONALS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Assistant Secretary of Defense for Health Affairs and each of 
the Surgeons General of the Armed Forces, submit to Congress a report on 
the feasibility and advisability of establishing a scholarship program 
for civilian mental health professionals.
    (b) Elements.--The report shall include the following:
            (1) An assessment of a potential scholarship program that 
        provides certain educational funding to students seeking a 
        career in mental health services in exchange for service in the 
        Department of Defense.
            (2) An assessment of current scholarship programs which may 
        be expanded to include mental health professionals.
            (3) Recommendations regarding the establishment or expansion 
        of scholarship programs for mental health professionals.
            (4) A plan to implement, or reasons for not implementing, 
        recommendations that will increase mental health staffing across 
        the Department of Defense.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1221. Modification of authorities relating to the Office of the 
           Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1223. Report on United States policy and military operations in 
           Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and 
           measures for progress toward military and political stability 
           in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition 
           forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in 
           Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the 
           Government of Iraq and other individuals and groups in Iraq.

[[Page 122 STAT. 363]]

Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in 
           Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National 
           Security Forces.
Sec. 1232. Report on enhancing security and stability in the region 
           along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support 
           provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations 
           in Iraq and Afghanistan.

                     Subtitle C--Iraq Refugee Crisis

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

              Subtitle D--Other Authorities and Limitations

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

                           Subtitle E--Reports

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

                   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

[[Page 122 STAT. 364]]

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

[[Page 122 STAT. 365]]

                    ``(iii) medical care is not otherwise available to 
                the liaison officer pursuant to any treaty or other 
                international agreement.''; and
            (3) by adding at the end the following:
            ``(3) The Secretary may pay the mission-related travel 
        expenses of a liaison officer described in subsection (a) if 
        such travel is in support of the national interests of the 
        United States and the commander of the headquarters to which the 
        liaison officer is temporarily assigned directs round-trip 
        travel from the assigned headquarters to one or more 
        locations.''.

    (c) Definition.--Subsection (d) of such section is amended--
            (1) by striking ``(d) Definitions.--'' and all that follows 
        through ``(1) The term'' and inserting ``(d) Definition.--In 
        this section, the term''; and
            (2) by striking paragraph (2).

    (d) Expiration of Authority.--Such section is further amended by 
striking subsection (e).
    (e) Conforming and Clerical Amendments.--(1) The heading for such 
section is amended to read as follows:

``Sec. 1051a. Liaison officers of certain foreign nations; 
                        administrative services and support; travel, 
                        subsistence, medical care, and other personal 
                        expenses''.

    (2) The table of sections at the beginning of chapter 53 of title 
10, United States Code, is amended by striking the item relating to 
section 1051a and inserting the following:

``1051a. Liaison officers of certain foreign nations; administrative 
           services and support; travel, subsistence, medical care, and 
           other personal expenses.''.

SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO 
            PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

    (a) Extension of Authority.--Subsection (a) of section 1205 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 1202 Stat. 2416) is amended by striking ``fiscal 
year 2007'' and inserting ``fiscal years 2007 and 2008''.
    (b) Limitation on Amounts Available for Participation.--Subsection 
(e) of such section is amended by striking paragraph (2) and inserting 
the following new paragraph:
            ``(2) Limitation on amount.--The amount available under 
        paragraph (1)(A) for the expenses referred to in that paragraph 
        may not exceed--
                    ``(A) in fiscal year 2007, $3,000,000; and
                    ``(B) in fiscal year 2008, $5,000,000.''.

    (c) Reports.--Subsection (g) of such section is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and October 31, 2008,'' after 
                ``October 31, 2007,''; and
                    (B) by striking ``fiscal year 2007'' and inserting 
                ``fiscal years 2007 and 2008''; and
            (2) in paragraph (2)(A), by striking ``during fiscal year 
        2007'' and inserting ``during the preceding fiscal year''.

[[Page 122 STAT. 366]]

SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority.--Subsection (a) of section 1202 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3455-3456) is amended--
            (1) in the heading, by striking ``Fiscal Years 2006 and 
        2007'' and inserting ``Fiscal Years 2008 and 2009''; and
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``fiscal years 2006 and 2007'' and 
                inserting ``fiscal years 2008 and 2009''; and
                    (B) by striking ``$500,000,000'' and inserting 
                ``$977,441,000''.

    (b) Quarterly Reports.--Subsection (b) of such section is amended by 
striking ``fiscal years 2006 and 2007'' and inserting ``fiscal years 
2008 and 2009''.

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER 
            CORPS.

    (a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, is authorized during fiscal year 2008 to provide 
assistance to enhance the ability of the Pakistan Frontier Corps to 
conduct counterterrorism operations along the border between Pakistan 
and Afghanistan.
    (b) Types of Assistance.--
            (1) Authorized elements.--Assistance under subsection (a) 
        may include the provision of equipment, supplies, and training.
            (2) Required elements.--Assistance under subsection (a) 
        shall be provided in a manner that promotes--
                    (A) observance of and respect for human rights and 
                fundamental freedoms; and
                    (B) respect for legitimate civilian authority within 
                Pakistan.

    (c) Limitations.--
            (1) Funding limitation.--The Secretary of Defense may use up 
        to $75,000,000 of funds available to the Department of Defense 
        for operation and maintenance for fiscal year 2008 to provide 
        the assistance under subsection (a).
            (2) Assistance otherwise prohibited by law.--The Secretary 
        of Defense may not use the authority in subsection (a) to 
        provide any type of assistance described in subsection (b) that 
        is otherwise prohibited by any provision of law.

    (d) Congressional Notification.--
            (1) In general.-- <<NOTE: Deadline.>> Not less than 15 days 
        before providing assistance under subsection (a), the Secretary 
        of Defense shall submit to the congressional committees 
        specified in paragraph (2) a notice of the following:
                    (A) The budget, types of assistance, and completion 
                date for providing the assistance under subsection (a).
                    (B) The source and planned expenditure of funds for 
                the assistance under subsection (a).
            (2) Specified congressional committees.--The congressional 
        committees specified in this paragraph are the following:
                    (A) The Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate.

[[Page 122 STAT. 367]]

                    (B) The Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives.

SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN 
            ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 408. Equipment and training of foreign personnel to assist in 
                        Department of Defense accounting for missing 
                        United States Government personnel

    ``(a) In General.--The Secretary of Defense may provide assistance 
to any foreign nation to assist the Department of Defense with recovery 
of and accounting for missing United States Government personnel.
    ``(b) Types of Assistance.--The assistance provided under subsection 
(a) may include the following:
            ``(1) Equipment.
            ``(2) Supplies.
            ``(3) Services.
            ``(4) Training of personnel.

    ``(c) Approval by Secretary of State.--Assistance may not be 
provided under this section to any foreign nation unless the Secretary 
of State specifically approves the provision of such assistance.
    ``(d) Limitation.--The amount of assistance provided under this 
section in any fiscal year may not exceed $1,000,000.
    ``(e) Construction With Other Assistance.--The authority to provide 
assistance under this section is in addition to any other authority to 
provide assistance to foreign nations under law.
    ``(f) Annual Reports.--(1) Not later than December 31 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the assistance provided under this section during 
the fiscal year ending in such year.
    ``(2) Each report under paragraph (1) shall include, for the fiscal 
year covered by such report, the following:
            ``(A) A listing of each foreign nation provided assistance 
        under this section.
            ``(B) For each nation so provided assistance, a description 
        of the type and amount of such assistance.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 20 of such title is amended by adding at the end the following 
new item:

``408. Equipment and training of foreign personnel to assist in 
           Department of Defense accounting for missing United States 
           Government personnel.''.

SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON 
            MARITIME SHIPPING TO FOREIGN COUNTRIES AND INTERNATIONAL 
            ORGANIZATIONS.

    (a) Authority To Provide Data.--The Secretary of Defense, with the 
concurrence of the Secretary of State, may authorize the Secretary of a 
military department or a commander of a combatant command to exchange or 
furnish automatic identification system data broadcast by merchant or 
private ships and collected by the United States to a foreign country or 
international organization

[[Page 122 STAT. 368]]

pursuant to an agreement for the exchange or production of such data. 
Such data may be transferred pursuant to this section without cost to 
the recipient country or international organization.
    (b) Definitions.--In this section:
            (1) Automatic identification system.--The term ``automatic 
        identification system'' means a system that is used to satisfy 
        the requirements of the Automatic Identification System under 
        the International Convention for the Safety of Life at Sea, 
        signed at London on November 1, 1974 (TIAS 9700).
            (2) Geographic combatant commander.--The term ``commander of 
        a combatant command'' means a commander of a combatant command 
        (as such term is defined in section 161(c) of title 10, United 
        States Code) with a geographic area of responsibility.

SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY 
            THE DEPARTMENT OF DEFENSE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report that specifies, on a 
country-by-country basis, each foreign-assistance related program 
carried out by the Department of Defense during the prior fiscal year 
under the authorities described in subsection (b).
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include--
            (1) a description of the dollar amount, type of support, and 
        purpose of each foreign-assistance related program carried out 
        by the Department of Defense under--
                    (A) section 1206 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3456), relating to authority to build the 
                capacity of foreign military forces;
                    (B) section 1207 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3458), relating to authority to provide 
                security and stabilization assistance to foreign 
                countries;
                    (C) section 1208 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3459), relating to authority to reimburse 
                certain coalition nations for support provided to United 
                States military operations;
                    (D) section 1033 of the National Defense 
                Authorization Act for Fiscal Year 1998 (Public Law 105-
                85; 111 Stat. 1881), relating to authority to provide 
                additional support for counter-drug activities of Peru 
                and Colombia;
                    (E) section 1004 of the National Defense 
                Authorization Act for Fiscal Year 1991 (Public Law 101-
                510; 10 U.S.C. 374 note), relating to additional support 
                for counter-drug activities;
                    (F) section 127d of title 10, United States Code, 
                relating to authority to provide logistic support, 
                supplies, and services to allied forces participating in 
                a combined operation with the Armed Forces;
                    (G) section 2249c of title 10, United States Code, 
                relating to authority to use appropriated funds for 
                costs associated with education and training of foreign 
                officials

[[Page 122 STAT. 369]]

                under the Regional Defense Combating Terrorism 
                Fellowship Program; and
                    (H) section 2561 of title 10, United States Code, 
                relating to authority to provide humanitarian 
                assistance; and
            (2) a description of each foreign-assistance related program 
        that the Department of Defense undertakes or implements on 
        behalf of any other department or agency of the United States 
        Government, including programs under the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act 
        (22 U.S.C. 2751 et seq.).

    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Affairs of the House of 
        Representatives; and
            (2) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Relations of the Senate.

SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND 
            STABILIZATION ASSISTANCE.

    (a) Program for Assistance.--Section 1207 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3458) is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following:

    ``(d) Formulation and Implementation of Program for Assistance.--The 
Secretary of State shall coordinate with the Secretary of Defense in the 
formulation and implementation of a program of reconstruction, security, 
or stabilization assistance to a foreign country that involves the 
provision of services or transfer of defense articles or funds under 
subsection (a).''.
    (b) One-Year Extension.--Subsection (g) of such section, as 
redesignated by subsection (a) of this section, is amended by striking 
``September 30, 2007'' and inserting ``September 30, 2008''.

SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE 
            OPERATIONS INITIATIVE.

    (a) Report Required.--Not later than June 1, 2008, the Comptroller 
General of the United States shall submit to the congressional defense 
committees, the Committee on Foreign Relations of the Senate, and the 
Committee on Foreign Affairs of the House of Representatives a report 
assessing the Global Peace Operations Initiative.
    (b) Content.--The report required under subsection (a) shall include 
the following:
            (1) An assessment of whether, and to what extent, the Global 
        Peace Operations Initiative has met the goals set by the 
        President at the inception of the program in 2004.
            (2) Which goals, if any, remain unfulfilled.
            (3) A description of activities conducted by each member 
        state of the Group of Eight (G-8), including the approximate 
        cost of the activities, and the approximate percentage of the

[[Page 122 STAT. 370]]

        total monetary value of the activities conducted by each G-8 
        member, including the United States, as well as efforts by the 
        President to seek contributions or participation by other G-8 
        members.
            (4) A description of any activities conducted by non-G-8 
        members, or other organizations and institutions, as well as any 
        efforts by the President to solicit contributions or 
        participation.
            (5) A description of the extent to which the Global Peace 
        Operations Initiative has had global participation.
            (6) A description of the administration of the program by 
        the Department of State and Department of Defense, including--
                    (A) whether each Department should concentrate 
                administration in one office or bureau, and if so, which 
                one;
                    (B) the extent to which the two Departments 
                coordinate and the quality of their coordination; and
                    (C) the extent to which contractors are used and an 
                assessment of the quality and timeliness of the results 
                achieved by the contractors, and whether the United 
                States Government might have achieved similar or better 
                results without contracting out functions.
            (7) A description of the metrics, if any, that are used by 
        the President and the G-8 to measure progress in implementation 
        of the Global Peace Operations Initiative, including--
                    (A) assessments of the quality and sustainability of 
                the training of individual soldiers and units;
                    (B) the extent to which the G-8 and participating 
                countries maintain records or databases of trained 
                individuals and units and conduct inspections to measure 
                and monitor the continued readiness of such individuals 
                and units;
                    (C) the extent to which the individuals and units 
                are equipped and remain equipped to deploy in peace 
                operations; and
                    (D) the extent to which, the timeline by which, and 
                how individuals and units can be mobilized for peace 
                operations.
            (8) The extent to which, the timeline by which, and how 
        individuals and units can be and are being deployed to peace 
        operations.
            (9) An assessment of whether individuals and units trained 
        under the Global Peace Operations Initiative have been utilized 
        in peace operations subsequent to receiving training under the 
        Initiative, whether they will be deployed to upcoming operations 
        in Africa and elsewhere, and the extent to which such 
        individuals and units would be prepared to deploy and 
        participate in such peace operations.
            (10) Recommendations as to whether participation in the 
        Global Peace Operations Initiative should require reciprocal 
        participation by countries in peace operations.
            (11) Any additional measures that could be taken to enhance 
        the effectiveness of the Global Peace Operations Initiative in 
        terms of--
                    (A) achieving its stated goals; and

[[Page 122 STAT. 371]]

                    (B) ensuring that individuals and units trained as 
                part of the Initiative are regularly participating in 
                peace operations.

    (c) Form.--To the maximum extent practicable, the report required 
under subsection (a) shall be submitted in unclassified form, but may 
include a classified annex, if necessary.

SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE 
            AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.

    (a) Repeal of Limitations.--Section 2007 of the American 
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is repealed.
    (b) Conforming Amendments.--Such Act is further amended--
            (1) in section 2003 (22 U.S.C. 7422)--
                    (A) in subsection (a)--
                          (i) in the heading, by striking ``sections 5 
                      and 7'' and inserting ``section 2005''; and
                          (ii) by striking ``sections 2005 and 2007'' 
                      and inserting ``section 2005'';
                    (B) in subsection (b)--
                          (i) in the heading, by striking ``sections 5 
                      and 7'' and inserting ``section 2005''; and
                          (ii) by striking ``sections 2005 and 2007'' 
                      and inserting ``section 2005'';
                    (C) in subsection (c)(2)(A), by striking ``sections 
                2005 and 2007'' and inserting ``section 2005'';
                    (D) in subsection (d), by striking ``sections 2005 
                and 2007'' and inserting ``section 2005''; and
                    (E) in subsection (e), by striking ``2006, and 
                2007'' and inserting ``and 2006''; and
            (2) in section 2013 (22 U.S.C. 7432), by striking paragraph 
        (13).

          Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE OF THE 
            SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.

    (a) Purposes.--Subsection (a)(1) of section 3001 of the Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234-1238; 
5 U.S.C. App., note to section 8G of Public Law 95-452) is amended by 
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting 
``for the reconstruction of Iraq''.
    (b) Assistant Inspectors General.--Subsection (d)(1) of such section 
is amended by striking ``the Iraq Relief and Reconstruction Fund'' and 
inserting ``amounts appropriated or otherwise made available for the 
reconstruction of Iraq''.
    (c) Supervision.--Subsection (e)(2) of such section is amended by 
striking ``the Iraq Relief and Reconstruction Fund'' and inserting 
``amounts appropriated or otherwise made available for the 
reconstruction of Iraq''.

[[Page 122 STAT. 372]]

    (d) Duties.--Subsection (f)(1) of such section is amended by 
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting 
``for the reconstruction of Iraq''.
    (e) Personnel, Facilities, and Other Resources.--Subsection (h) of 
such section is amended--
            (1) in paragraph (1), by inserting after ``pay rates'' the 
        following: ``, and may exercise the authorities of subsections 
        (b) through (i) of section 3161 of title 5, United States Code 
        (without regard to subsection (a) of such section)''; and
            (2) in paragraph (3), by striking ``my enter'' and inserting 
        ``may enter''.

    (f) Reports.--Subsection (i) of such section is amended by striking 
``to the Iraq Relief and Reconstruction Fund'' each place it appears and 
inserting ``for the reconstruction of Iraq''.
    (g) Definitions.--Subsection (m) of such section is amended--
            (1) in the heading, by striking ``Appropriate Committees of 
        Congress Defined'' and inserting ``Definitions'';
            (2) by striking ``In this section, the term'' and inserting 
        the following: ``In this section--
            ``(1) the term'';
            (3) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
            (4) in paragraph (1)(B) (as redesignated by paragraph (3) of 
        this subsection), by striking ``and International Relations'' 
        and inserting ``Foreign Affairs, and Oversight and Government 
        Reform'';
            (5) by striking the period at the end and inserting ``; 
        and''; and
            (6) by adding at the end the following:
            ``(2) the term `amounts appropriated or otherwise made 
        available for the reconstruction of Iraq' means amounts 
        appropriated or otherwise made available for any fiscal year--
                    ``(A) to the Iraq Relief and Reconstruction Fund, 
                the Iraq Security Forces Fund, and the Commanders' 
                Emergency Response Program authorized under section 1202 
                of the National Defense Authorization for Fiscal Year 
                2006 (Public Law 109-163; 119 Stat. 3455-3456); or
                    ``(B) for assistance for the reconstruction of Iraq 
                under--
                          ``(i) the Economic Support Fund authorized 
                      under chapter 4 of part II of the Foreign 
                      Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
                          ``(ii) the International Narcotics Control and 
                      Law Enforcement account authorized under section 
                      481 of the Foreign Assistance Act of 1961 (22 
                      U.S.C. 2291); or
                          ``(iii) any other provision of law.''.

    (h) Termination Date.--Subsection (o) of such section is amended--
            (1) in paragraph (1), to read as follows:

    ``(1) The Office of the Inspector General shall terminate 180 days 
after the date on which amounts appropriated or otherwise made available 
for the reconstruction of Iraq that are unexpended are less than 
$250,000,000.''; and
            (2) in paragraph (2)--
                    (A) by striking ``funds deemed to be''; and

[[Page 122 STAT. 373]]

                    (B) by striking ``to the Iraq Relief and 
                Reconstruction Fund'' and inserting ``for the 
                reconstruction of Iraq''.

SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
            RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of appropriations 
in this Act may be obligated or expended for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.

SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN 
            IRAQ.

    (a) Report.--
            (1) In general.--Subsection (c) of section 1227 of the 
        National Defense Authorization Act for Fiscal Year 2006 (Public 
        Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) is amended--
                    (A) in paragraph (2), by striking ``Iraq.'' and 
                inserting the following: ``Iraq, including--
                    ``(A) enacting a broadly-accepted hydrocarbon law 
                that equitably shares revenue among all Iraqis;
                    ``(B) adopting laws necessary for the conduct of 
                provincial and local elections, taking steps to 
                implement such laws, and setting a schedule to conduct 
                provincial and local elections;
                    ``(C) reforming current laws governing the de-
                Baathification process in a manner that encourages 
                national reconciliation;
                    ``(D) amending the Constitution of Iraq in a manner 
                that encourages national reconciliation;
                    ``(E) allocating and beginning expenditure of $10 
                billion in Iraqi revenues for reconstruction projects, 
                including delivery of essential services, and 
                implementing such reconstruction projects on an 
                equitable basis; and
                    ``(F) making significant efforts to plan and 
                implement disarmament, demobilization, and reintegration 
                programs relating to Iraqi militias.'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) A detailed description of the Joint Campaign Plan, or 
        any subsequent revisions, updates, or documents that replace or 
        supersede the Joint Campaign Plan, including goals, phases, or 
        other milestones contained in the Joint Campaign Plan. 
        Specifically, the description shall include the following:
                    ``(A) An explanation of conditions required to move 
                through phases of the Joint Campaign Plan, in particular 
                those conditions that must be met in order to provide 
                for the transition of additional security responsibility 
                to the Iraqi Security Forces, and the measurements used 
                to determine progress.
                    ``(B) An assessment of which conditions in the Joint 
                Campaign Plan have been achieved and which conditions 
                have not been achieved. The assessment of those 
                conditions

[[Page 122 STAT. 374]]

                that have not been achieved shall include a discussion 
                of the factors that have precluded progress.
                    ``(C) A description of any companion or equivalent 
                plan of the Government of Iraq used to measure progress 
                for Iraqi Security Forces undertaking joint operations 
                with Coalition Forces.''; and
                    (C) by adding at the end the following:
            ``(7) An assessment of the levels of United States Armed 
        Forces required in Iraq for the six-month period following the 
        date of the report, the missions to be undertaken by the Armed 
        Forces in Iraq for such period, and the incremental costs or 
        savings of any proposed changes to such levels or missions.
            ``(8) A description of the range of conditions that could 
        prompt changes to the levels of United States Armed Forces 
        required in Iraq for the six-month period following the date of 
        the report or the missions to be undertaken by the Armed Forces 
        in Iraq for such period, including the status of planning for 
        such changes to the levels or missions of the Armed Forces in 
        Iraq.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to each report required to be submitted 
        to Congress under section 1227(c) of the National Defense 
        Authorization Act for Fiscal Year 2006 on or after the date of 
        the enactment of this Act.

    (b) Congressional Briefings Required.--Such section is further 
amended by adding at the end the following:
    ``(d) Congressional Briefings Required. <<NOTE: Deadlines.>> --Not 
later than 30 days after the submission of the first report under 
subsection (c) on or after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2008, the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall meet with the 
congressional defense committees to brief such committees on the matters 
described in paragraphs (7) and (8) of subsection (c) contained in the 
report. Not later than 30 days after the submission of each subsequent 
report under subsection (c), appropriate senior officials of the 
Department of Defense shall meet with the congressional defense 
committees to brief such committees on the matters described in 
paragraphs (7) and (8) of subsection (c) contained in the report.''.

SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE INDICATORS AND 
            MEASURES FOR PROGRESS TOWARD MILITARY AND POLITICAL 
            STABILITY IN IRAQ.

    (a) Report.--Section 9010(c) of the Department of Defense 
Appropriations Act, 2007 (division A of Public Law 109-289; 120 Stat. 
1307) is amended--
            (1) in paragraph (1)(B)--
                    (A) by striking ``and trends'' and inserting 
                ``trends''; and
                    (B) by adding at the end before the period the 
                following: ``, and progress made in the transition of 
                responsibility for the security of Iraqi provinces to 
                the Iraqi Security Forces under the Provincial Iraqi 
                Control (PIC) process''; and
            (2) in paragraph (2)--

[[Page 122 STAT. 375]]

                    (A) in subparagraph (C)(i), by adding at the end 
                before the semicolon the following: ``, without any 
                support from Coalition Forces'';
                    (B) by redesignating subparagraphs (D) through (J) 
                as subparagraphs (F) through (L), respectively;
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) The amount and type of support provided by 
                Coalition Forces to the Iraqi Security Forces at each 
                level of operational readiness.
                    ``(E) The number of Iraqi battalions in the Iraqi 
                Army currently conducting operations and the type of 
                operations being conducted.'';
                    (D) by redesignating subparagraphs (H) through (L) 
                (as redesignated by subparagraph (B) of this paragraph) 
                as subparagraphs (I) through (M), respectively;
                    (E) by inserting after subparagraph (G) (as 
                redesignated by subparagraph (B) of this paragraph) the 
                following:
                    ``(H) The level and effectiveness of the Iraqi 
                Security Forces under the Ministry of Defense in 
                provinces where the United States has formally 
                transferred responsibility for the security of the 
                province to the Iraqi Security Forces under the 
                Provincial Iraqi Control (PIC) process.''; and
                    (F) in subparagraph (I) (as redesignated by 
                subparagraphs (B) and (D) of this paragraph)--
                          (i) in clause (iv), by striking ``and'' at the 
                      end;
                          (ii) in clause (v), by striking the period at 
                      the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(vi) the level and effectiveness of the 
                      Iraqi Police and other Ministry of Interior Forces 
                      in provinces where the United States has formally 
                      transferred responsibility for the security of the 
                      province to the Iraqi Security Forces under the 
                      Provincial Iraqi Control (PIC) process.''.

    (b) <<NOTE: Applicability.>> Effective Date.--The amendments made by 
subsection (a) shall apply with respect to each report required to be 
submitted to Congress under section 9010 of the Department of Defense 
Appropriations Act, 2007 on or after the date of the enactment of this 
Act.

SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION 
            FORCES IN IRAQ.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Defense, in coordination with the Director of National Intelligence, 
shall submit to the congressional defense committees a report describing 
and assessing in detail--
            (1) any support or direction provided to anti-coalition 
        forces in Iraq by the Government of Iran or its agents;
            (2) the strategy and ambitions in Iraq of the Government of 
        Iran; and
            (3) any strategy or efforts by the United States Government 
        to counter the activities of agents of the Government of Iran in 
        Iraq.

    (b) Form.--Each report required under subsection (a) shall be 
submitted in unclassified form, to the maximum extent practicable, but 
may contain a classified annex, if necessary.

[[Page 122 STAT. 376]]

    (c) Termination.--The requirement to submit reports under subsection 
(a) shall terminate on the date on which the Secretary of Defense, in 
coordination with the Director of National Intelligence, submits to the 
congressional defense committees a certification in writing that the 
Government of Iran has ceased to provide military support to anti-
coalition forces that conduct attacks against coalition forces in Iraq.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize or otherwise speak to the use of the Armed Forces 
against Iran.

SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED STATE IN 
            IRAQ.

     It is the sense of Congress that--
            (1) a failed state in Iraq will have a negative impact on 
        the Middle East and United States interests in the region; and
            (2) the United States should pursue strategies to prevent a 
        failed state in Iraq or to contain the negative effects of a 
        failed state in Iraq.

SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

    It is the sense of Congress that--
            (1) policies supported by the United States in the pursuit 
        of a political settlement in Iraq should be consistent with the 
        wishes of the Iraqi people and should not violate the 
        sovereignty of the nation of Iraq;
            (2) if the Iraqi people support a political settlement in 
        Iraq based on the final provisions of the Constitution of Iraq 
        that create a federal system of government and allow for the 
        creation of federal regions, consistent with the wishes of the 
        Iraqi people and their elected leaders, the United States should 
        actively support such a political settlement in Iraq;
            (3) the active support referred to in paragraph (2) should 
        include--
                    (A) calling on the international community, 
                including countries with troops in Iraq, the permanent 5 
                members of the United Nations Security Council, members 
                of the Gulf Cooperation Council, and Iraq's neighbors--
                          (i) to support an Iraqi political settlement 
                      based on federalism;
                          (ii) to acknowledge the sovereignty and 
                      territorial integrity of Iraq; and
                          (iii) to fulfill commitments for the urgent 
                      delivery of significant assistance and debt relief 
                      to Iraq, especially those made by the member 
                      states of the Gulf Cooperation Council; and
                    (B) convening a conference for Iraqis to reach an 
                agreement on a comprehensive political settlement based 
                on the federalism law approved by the Iraqi Parliament 
                on October 11, 2006;
            (4) the United States should urge the Government of Iraq to 
        quickly agree upon and implement a law providing for the 
        equitable distribution of oil revenues, which is a critical 
        component of a comprehensive political settlement in Iraq, 
        including a potential settlement based upon federalism;

[[Page 122 STAT. 377]]

            (5) the steps described in paragraphs (2), (3), and (4) 
        could lead to an Iraq that is stable, not a haven for 
        terrorists, and not a threat to its neighbors;
            (6) in pursuit of a political settlement in Iraq, whether 
        based on federalism or not, the United States should call on 
        Iraq's neighbors to pledge not to militarily intervene in or 
        destabilize Iraq; and
            (7) nothing in this Act should be construed in any way to 
        infringe on the sovereign rights of the nation of Iraq or to 
        imply that the United States wishes to impose a political 
        settlement in Iraq based on federalism if such a political 
        settlement is contrary to the wishes of the Iraqi people.

SEC. 1228. <<NOTE: President.>> TRACKING AND MONITORING OF DEFENSE 
            ARTICLES PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER 
            INDIVIDUALS AND GROUPS IN IRAQ.

    (a) Export and Transfer Control Policy.--The President shall 
implement a policy to control the export and transfer of defense 
articles into Iraq, including implementation of the registration and 
monitoring system under subsection (c).
    (b) Requirement to Implement Control System.-- 
<<NOTE: Certification.>> No defense articles may be provided to the 
Government of Iraq or any other group, organization, citizen, or 
resident of Iraq until the President certifies to the specified 
congressional committees that a registration and monitoring system 
meeting the requirements set forth in subsection (c) has been 
established.

    (c) Registration and Monitoring System.--The registration and 
monitoring system required under this subsection shall include--
            (1) the registration of the serial numbers of all small arms 
        to be provided to the Government of Iraq or to other groups, 
        organizations, citizens, or residents of Iraq;
            (2) a program of end-use monitoring of all lethal defense 
        articles provided to such entities or individuals; and
            (3) a detailed record of the origin, shipping, and 
        distribution of all defense articles transferred under the Iraq 
        Security Forces Fund or any other security assistance program to 
        such entities or individuals.

    (d) Review; Exemption.--
            (1) Review.--The President shall periodically review the 
        items subject to the registration and monitoring requirements 
        under subsection (c) to determine what items, if any, should no 
        longer be subject to such registration and monitoring 
        requirements. The President shall transmit to the specified 
        congressional committees the results of each review conducted 
        under this paragraph.
            (2) Exemption.-- <<NOTE: Notification.>> The President may 
        exempt an item from the registration and monitoring requirements 
        under subsection (c) beginning on the date that is 30 days after 
        the date on which the President provides notice of the proposed 
        exemption to the specified congressional committees in 
        accordance with the procedures applicable to reprogramming 
        notifications under section 634A(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2394-1(a)). Such notice shall describe 
        any controls to be imposed on such item under any other 
        provision of law.

    (e) Definitions.--In this section:

[[Page 122 STAT. 378]]

            (1) Defense article.--The term ``defense article'' has the 
        meaning given the term in section 644(d) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2403(d)).
            (2) Small arms.--The term ``small arms'' means--
                    (A) handguns;
                    (B) shoulder-fired weapons;
                    (C) light automatic weapons up to and including .50 
                caliber machine guns;
                    (D) recoilless rifles up to and including 106mm;
                    (E) mortars up to and including 81mm;
                    (F) rocket launchers, man-portable;
                    (G) grenade launchers, rifle and shoulder fired; and
                    (H) individually-operated weapons which are portable 
                or can be fired without special mounts or firing devices 
                and which have potential use in civil disturbances and 
                are vulnerable to theft.
            (3) Specified congressional committees.--The term 
        ``specified congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.

    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) <<NOTE: President. Certification.>> Exception.--The 
        President may delay the effective date of this section by an 
        additional period of up to 90 days if the President certifies in 
        writing to the specified congressional committees for such 
        additional period that it is in the vital interest of the United 
        States to do so and includes in the certification a description 
        of such vital interest.

SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To provide for the independent and objective conduct and 
        supervision of audits and investigations relating to the 
        programs and operations funded with amounts appropriated or 
        otherwise made available for the reconstruction of Afghanistan.
            (2) To provide for the independent and objective leadership 
        and coordination of, and recommendations on, policies designed 
        to--
                    (A) promote economy efficiency, and effectiveness in 
                the administration of the programs and operations 
                described in paragraph (1); and
                    (B) prevent and detect waste, fraud, and abuse in 
                such programs and operations.
            (3) To provide for an independent and objective means of 
        keeping the Secretary of State and the Secretary of Defense 
        fully and currently informed about problems and deficiencies 
        relating to the administration of such programs and operations 
        and the necessity for and progress on corrective action.

[[Page 122 STAT. 379]]

    (b) <<NOTE: Establishment.>> 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) <<NOTE: President.>> Appointment.--The head of the 
        Office of the Special Inspector General for Afghanistan 
        Reconstruction is the Special Inspector General for Afghanistan 
        Reconstruction (in this section referred to as the ``Inspector 
        General''), who shall be appointed by the President. The 
        President may appoint the Special Inspector General for Iraq 
        Reconstruction to serve as the Special Inspector General for 
        Afghanistan Reconstruction, in which case the Special Inspector 
        General for Iraq Reconstruction shall have all of the duties, 
        responsibilities, and authorities set forth under this section 
        with respect to such appointed position for the purpose of 
        carrying out this section.
            (2) Qualifications.--The appointment of the Inspector 
        General shall be made solely on the basis of integrity and 
        demonstrated ability in accounting, auditing, financial 
        analysis, law, management analysis, public administration, or 
        investigations.
            (3) Deadline for appointment.--The appointment of an 
        individual as Inspector General shall be made not later than 30 
        days after the date of the enactment of this Act.
            (4) Compensation.--The annual rate of basic pay of the 
        Inspector General shall be the annual rate of basic pay provided 
        for positions at level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
            (5) Prohibition on political activities.--For purposes of 
        section 7324 of title 5, United States Code, the Inspector 
        General shall not be considered an employee who determines 
        policies to be pursued by the United States in the nationwide 
        administration of Federal law.
            (6) Removal.--The Inspector General shall be removable from 
        office in accordance with the provisions of section 3(b) of the 
        Inspector General Act of 1978 (5 U.S.C. App.).

    (d) <<NOTE: Appointments.>> Assistant Inspectors General.--The 
Inspector General shall, in accordance with applicable laws and 
regulations governing the civil service--
            (1) appoint an Assistant Inspector General for Auditing who 
        shall have the responsibility for supervising the performance of 
        auditing activities relating to programs and operations 
        supported by amounts appropriated or otherwise made available 
        for the reconstruction of Afghanistan; and
            (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for supervising 
        the performance of investigative activities relating to such 
        programs and operations.

    (e) Supervision.--
            (1) In general.--Except as provided in paragraph (2), the 
        Inspector General shall report directly to, and be under the 
        general supervision of, the Secretary of State and the Secretary 
        of Defense.
            (2) Independence to conduct investigations and audits.--No 
        officer of the Department of Defense, the Department of State, 
        or the United States Agency for International Development shall 
        prevent or prohibit the Inspector General

[[Page 122 STAT. 380]]

        from initiating, carrying out, or completing any audit or 
        investigation related to amounts appropriated or otherwise made 
        available for the reconstruction of Afghanistan or from issuing 
        any subpoena during the course of any such audit or 
        investigation.

    (f) Duties.--
            (1) Oversight of afghanistan reconstruction.--It shall be 
        the duty of the Inspector General to conduct, supervise, and 
        coordinate audits and investigations of the treatment, handling, 
        and expenditure of amounts appropriated or otherwise made 
        available for the reconstruction of Afghanistan, and of the 
        programs, operations, and contracts carried out utilizing such 
        funds, including--
                    (A) the oversight and accounting of the obligation 
                and expenditure of such funds;
                    (B) the monitoring and review of reconstruction 
                activities funded by such funds;
                    (C) the monitoring and review of contracts funded by 
                such funds;
                    (D) the monitoring and review of the transfer of 
                such funds and associated information between and among 
                departments, agencies, and entities of the United States 
                and private and nongovernmental entities;
                    (E) the maintenance of records on the use of such 
                funds to facilitate future audits and investigations of 
                the use of such fund;
                    (F) the monitoring and review of the effectiveness 
                of United States coordination with the Government of 
                Afghanistan and other donor countries in the 
                implementation of the Afghanistan Compact and the 
                Afghanistan National Development Strategy; and
                    (G) the investigation of overpayments such as 
                duplicate payments or duplicate billing and any 
                potential unethical or illegal actions of Federal 
                employees, contractors, or affiliated entities and the 
                referral of such reports, as necessary, to the 
                Department of Justice to ensure further investigations, 
                prosecutions, recovery of further funds, or other 
                remedies.
            (2) Other duties related to oversight.--The Inspector 
        General shall establish, maintain, and oversee such systems, 
        procedures, and controls as the Inspector General considers 
        appropriate to discharge the duties under paragraph (1).
            (3) Duties and responsibilities under inspector general act 
        of 1978.--In addition to the duties specified in paragraphs (1) 
        and (2), the Inspector General shall also have the duties and 
        responsibilities of inspectors general under the Inspector 
        General Act of 1978.
            (4) Coordination of efforts.--In carrying out the duties, 
        responsibilities, and authorities of the Inspector General under 
        this section, the Inspector General shall coordinate with, and 
        receive the cooperation of each of the following:
                    (A) The Inspector General of the Department of 
                Defense.
                    (B) The Inspector General of the Department of 
                State.
                    (C) The Inspector General of the United States 
                Agency for International Development.

    (g) Powers and Authorities.--

[[Page 122 STAT. 381]]

            (1) Authorities under inspector general act of 1978.--In 
        carrying out the duties specified in subsection (f), the 
        Inspector General shall have the authorities provided in section 
        6 of the Inspector General Act of 1978, including the 
        authorities under subsection (e) of such section.
            (2) Audit standards.--The Inspector General shall carry out 
        the duties specified in subsection (f)(1) in accordance with 
        section 4(b)(1) of the Inspector General Act of 1978.

    (h) Personnel, Facilities, and Other Resources.--
            (1) Personnel.--The Inspector General may select, appoint, 
        and employ such officers and employees as may be necessary for 
        carrying out the duties of the Inspector General, subject to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title, 
        relating to classification and General Schedule pay rates.
            (2) Employment of experts and consultants.--The Inspector 
        General may obtain services as authorized by section 3109 of 
        title 5, United States Code, at daily rates not to exceed the 
        equivalent rate prescribed for grade GS-15 of the General 
        Schedule by section 5332 of such title.
            (3) Contracting authority.--To the extent and in such 
        amounts as may be provided in advance by appropriations Acts, 
        the Inspector General may enter into contracts and other 
        arrangements for audits, studies, analyses, and other services 
        with public agencies and with private persons, and make such 
        payments as may be necessary to carry out the duties of the 
        Inspector General.
            (4) Resources.--The Secretary of State or the Secretary of 
        Defense, as appropriate, shall provide the Inspector General 
        with appropriate and adequate office space at appropriate 
        locations of the Department of State or the Department of 
        Defense, as the case may be, in Afghanistan, together with such 
        equipment, office supplies, and communications facilities and 
        services as may be necessary for the operation of such offices, 
        and shall provide necessary maintenance services for such 
        offices and the equipment and facilities located therein.
            (5) Assistance from federal agencies.--
                    (A) In general.--Upon request of the Inspector 
                General for information or assistance from any 
                department, agency, or other entity of the Federal 
                Government, the head of such entity shall, insofar as is 
                practicable and not in contravention of any existing 
                law, furnish such information or assistance to the 
                Inspector General, or an authorized designee.
                    (B) Reporting of refused assistance.--Whenever 
                information or assistance requested by the Inspector 
                General is, in the judgment of the Inspector General, 
                unreasonably refused or not provided, the Inspector 
                General shall report the circumstances to the Secretary 
                of State or the Secretary of Defense, as appropriate, 
                and to the appropriate congressional committees without 
                delay.
            (6) Use of personnel, facilities, and other resources of the 
        office of the special inspector general for iraq 
        reconstruction.--Upon the request of the Inspector General, the 
        Special Inspector General for Iraq Reconstruction--

[[Page 122 STAT. 382]]

                    (A) may detail, on a reimbursable basis, any of the 
                personnel of the Office of the Special Inspector General 
                for Iraq Reconstruction to the Office of the Inspector 
                General for Afghanistan Reconstruction for the purpose 
                of carrying out this section; and
                    (B) may provide, on a reimbursable basis, any of the 
                facilities or other resources of the Office of the 
                Special Inspector General for Iraq Reconstruction to the 
                Office of the Inspector General for Afghanistan 
                Reconstruction for the purpose of carrying out this 
                section.

    (i) Reports.--
            (1) Quarterly reports.--Not later than 30 days after the end 
        of each fiscal-year quarter, the Inspector General shall submit 
        to the appropriate congressional committees a report 
        summarizing, for the period of that quarter and, to the extent 
        possible, the period from the end of such quarter to the time of 
        the submission of the report, the activities during such period 
        of the Inspector General and the activities under programs and 
        operations funded with amounts appropriated or otherwise made 
        available for the reconstruction of Afghanistan. Each report 
        shall include, for the period covered by such report, a detailed 
        statement of all obligations, expenditures, and revenues 
        associated with reconstruction and rehabilitation activities in 
        Afghanistan, including the following:
                    (A) Obligations and expenditures of appropriated 
                funds.
                    (B) A project-by-project and program-by-program 
                accounting of the costs incurred to date for the 
                reconstruction of Afghanistan, together with the 
                estimate of the Department of Defense, the Department of 
                State, and the United States Agency for International 
                Development, as applicable, of the costs to complete 
                each project and each program.
                    (C) Revenues attributable to or consisting of funds 
                provided by foreign nations or international 
                organizations to programs and projects funded by any 
                department or agency of the United States Government, 
                and any obligations or expenditures of such revenues.
                    (D) Revenues attributable to or consisting of 
                foreign assets seized or frozen that contribute to 
                programs and projects funded by any department or agency 
                of the United States Government, and any obligations or 
                expenditures of such revenues.
                    (E) Operating expenses of agencies or entities 
                receiving amounts appropriated or otherwise made 
                available for the reconstruction of Afghanistan.
                    (F) In the case of any contract, grant, agreement, 
                or other funding mechanism described in paragraph (2)--
                          (i) the amount of the contract, grant, 
                      agreement, or other funding mechanism;
                          (ii) a brief discussion of the scope of the 
                      contract, grant, agreement, or other funding 
                      mechanism;
                          (iii) a discussion of how the department or 
                      agency of the United States Government involved in 
                      the contract, grant, agreement, or other funding 
                      mechanism

[[Page 122 STAT. 383]]

                      identified, and solicited offers from, potential 
                      individuals or entities to perform the contract, 
                      grant, agreement, or other funding mechanism, 
                      together with a list of the potential individuals 
                      or entities that were issued solicitations for the 
                      offers; and
                          (iv) the justification and approval documents 
                      on which was based the determination to use 
                      procedures other than procedures that provide for 
                      full and open competition.
            (2) Covered contracts, grants, agreements, and funding 
        mechanisms.--A contract, grant, agreement, or other funding 
        mechanism described in this paragraph is any major contract, 
        grant, agreement, or other funding mechanism that is entered 
        into by any department or agency of the United States Government 
        that involves the use of amounts appropriated or otherwise made 
        available for the reconstruction of Afghanistan with any public 
        or private sector entity for any of the following purposes:
                    (A) To build or rebuild physical infrastructure of 
                Afghanistan.
                    (B) To establish or reestablish a political or 
                societal institution of Afghanistan.
                    (C) To provide products or services to the people of 
                Afghanistan.
            (3) <<NOTE: Website.>> Public availability.--The Inspector 
        General shall publish on a publically-available Internet website 
        each report under paragraph (1) of this subsection in English 
        and other languages that the Inspector General determines are 
        widely used and understood in Afghanistan.
            (4) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex if the Inspector General considers it necessary.
            (5) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the public disclosure of information 
        that is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.

    (j) Report Coordination.--
            (1) Submission to secretaries of state and defense.--The 
        Inspector General shall also submit each report required under 
        subsection (i) to the Secretary of State and the Secretary of 
        Defense.
            (2) Submission to congress.--Not later than 30 days after 
        receipt of a report under paragraph (1), the Secretary of State 
        or the Secretary of Defense may submit to the appropriate 
        congressional committees any comments on the matters covered by 
        the report as the Secretary of State or the Secretary of 
        Defense, as the case may be, considers appropriate. Any comments 
        on the matters covered by the report shall be submitted in 
        unclassified form, but may include a classified annex if the 
        Secretary of State or the Secretary of Defense, as the case may 
        be, considers it necessary.

[[Page 122 STAT. 384]]

    (k) Transparency.--
            (1) Report.--Not later than 60 days after submission to the 
        appropriate congressional committees of a report under 
        subsection (i), the Secretary of State and the Secretary of 
        Defense shall jointly make copies of the report available to the 
        public upon request, and at a reasonable cost.
            (2) Comments on matters covered by report.--Not later than 
        60 days after submission to the appropriate congressional 
        committees under subsection (j)(2) of comments on a report under 
        subsection (i), the Secretary of State and the Secretary of 
        Defense shall jointly make copies of the comments available to 
        the public upon request, and at a reasonable cost.

    (l) <<NOTE: President.>> Waiver.--
            (1) Authority.--The President may waive the requirement 
        under paragraph (1) or (2) of subsection (k) with respect to 
        availability to the public of any element in a report under 
        subsection (i), or any comment under subsection (j)(2), if the 
        President determines that the waiver is justified for national 
        security reasons.
            (2) <<NOTE: Federal Register, publication.>> Notice of 
        waiver.--The President shall publish a notice of each waiver 
        made under this subsection in the Federal Register no later than 
        the date on which a report required under subsection (i), or any 
        comment under subsection (j)(2), is submitted to the appropriate 
        congressional committees. The report and comments shall specify 
        whether waivers under this subsection were made and with respect 
        to which elements in the report or which comments, as 
        appropriate.

    (m) Definitions.--In this section:
            (1) Amounts appropriated or otherwise made available for the 
        reconstruction of afghanistan.--The term ``amounts appropriated 
        or otherwise made available for the reconstruction of 
        Afghanistan'' means--
                    (A) amounts appropriated or otherwise made available 
                for any fiscal year--
                          (i) to the Afghanistan Security Forces Fund; 
                      or
                          (ii) to the program to assist the people of 
                      Afghanistan established under subsection (a)(2) of 
                      section 1202 of the National Defense Authorization 
                      for Fiscal Year 2006 (Public Law 109-163; 119 
                      Stat. 3455-3456); and
                    (B) amounts appropriated or otherwise made available 
                for any fiscal year for the reconstruction of 
                Afghanistan under--
                          (i) the Economic Support Fund;
                          (ii) the International Narcotics Control and 
                      Law Enforcement account; or
                          (iii) any other provision of law.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Appropriations, Armed 
                Services, and Foreign Relations of the Senate; and
                    (B) the Committees on Appropriations, Armed 
                Services, and Foreign Affairs of the House of 
                Representatives.

    (n) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $20,000,000 for fiscal year 2008 to carry out this section.

[[Page 122 STAT. 385]]

            (2) Offset.--The amount authorized to be appropriated by 
        section 1513 for the Afghanistan Security Forces Fund is hereby 
        reduced by $20,000,000.

    (o) Termination.--
            (1) In general.--The Office of the Special Inspector General 
        for Afghanistan Reconstruction shall terminate 180 days after 
        the date on which amounts appropriated or otherwise made 
        available for the reconstruction of Afghanistan that are 
        unexpended are less than $250,000,000.
            (2) Final report.--The Inspector General shall, prior to the 
        termination of the Office of the Special Inspector General for 
        Afghanistan Reconstruction under paragraph (1), prepare and 
        submit to the appropriate congressional committees a final 
        forensic audit report on programs and operations funded with 
        amounts appropriated or otherwise made available for the 
        reconstruction of Afghanistan.

SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN 
            AFGHANISTAN.

    (a) <<NOTE: President.>> Report Required.--Not later than 90 days 
after the date of the enactment of this Act, and every 180 days 
thereafter through the end of fiscal year 2010, the President, acting 
through the Secretary of Defense, shall submit to the appropriate 
congressional committees a report on progress toward security and 
stability in Afghanistan.

    (b) Coordination.--The report required under subsection (a) shall be 
prepared in coordination with the Secretary of State, the Director of 
National Intelligence, the Attorney General, the Administrator of the 
Drug Enforcement Administration, the Administrator of the United States 
Agency for International Development, the Secretary of Agriculture, and 
the head of any other department or agency of the Government of the 
United States involved with activities relating to security and 
stability in Afghanistan.
    (c) Matters to Be Included: Strategic Direction of United States 
Activities Relating to Security and Stability in Afghanistan.--The 
report required under subsection (a) shall include a description of a 
comprehensive strategy of the United States for security and stability 
in Afghanistan. The description of such strategy shall consist of a 
general overview and a separate detailed section for each of the 
following:
            (1) North atlantic treaty organization international 
        security assistance force.--A description of the following:
                    (A) Efforts of the United States to work with 
                countries participating in the North Atlantic Treaty 
                Organization (NATO) International Security Assistance 
                Force (ISAF) in Afghanistan (hereafter in this section 
                referred to as ``NATO ISAF countries'').
                    (B) Any actions by the United States to achieve the 
                following goals relating to strengthening the NATO ISAF, 
                and the results of such actions:
                          (i) Encourage NATO ISAF countries to fulfill 
                      commitments to the NATO ISAF mission in 
                      Afghanistan, and ensure adequate contributions to 
                      efforts to build the capacity of the Afghanistan 
                      National Security Forces (ANSF), counter-narcotics 
                      efforts, and

[[Page 122 STAT. 386]]

                      reconstruction and development activities in 
                      Afghanistan.
                          (ii) Remove national caveats on the use of 
                      forces deployed as part of the NATO ISAF.
                          (iii) Reduce the number of civilian casualties 
                      resulting from military operations of NATO ISAF 
                      countries and mitigate the impact of such 
                      casualties on the Afghan people.
            (2) Afghanistan national security forces.--A description of 
        the following:
                    (A) A comprehensive and effective long-term strategy 
                and budget, with defined objectives, for activities 
                relating to strengthening the resources, capabilities, 
                and effectiveness of the Afghanistan National Army (ANA) 
                and the Afghanistan National Police (ANP) of the ANSF, 
                with the goal of ensuring that a strong and fully-
                capable ANSF is able to independently and effectively 
                conduct operations and maintain security and stability 
                in Afghanistan.
                    (B) Any actions by the United States to achieve the 
                following goals relating to building the capacity of the 
                ANSF, and the results of such actions:
                          (i) Improve coordination with all relevant 
                      departments and agencies of the Government of the 
                      United States, as well as NATO ISAF countries and 
                      other international partners.
                          (ii) Improve ANSF recruitment and retention, 
                      including through improved vetting and salaries 
                      for the ANSF.
                          (iii) Increase and improve ANSF training and 
                      mentoring.
                          (iv) Strengthen the partnership between the 
                      Government of the United States and the Government 
                      of Afghanistan.
            (3) Provincial reconstruction teams and other reconstruction 
        and development activities.--A description of the following:
                    (A) A comprehensive and effective long-term strategy 
                and budget, with defined objectives, for reconstruction 
                and development in Afghanistan, including a long-term 
                strategy with a mission and objectives for each United 
                States-led Provincial Reconstruction Team (PRT) in 
                Afghanistan.
                    (B) Any actions by the United States to achieve the 
                following goals with respect to reconstruction and 
                development in Afghanistan, and the results of such 
                actions:
                          (i) Improve coordination with all relevant 
                      departments and agencies of the Government of the 
                      United States, as well as NATO ISAF countries and 
                      other international partners.
                          (ii) Clarify the chain of command, and 
                      operations plans for United States-led PRTs that 
                      are appropriate to meet the needs of the relevant 
                      local communities.
                          (iii) Promote coordination among PRTs.
                          (iv) Ensure that each PRT is adequately 
                      staffed, particularly with civilian specialists, 
                      and that such staff receive appropriate training.

[[Page 122 STAT. 387]]

                          (v) Expand the ability of the Afghan people to 
                      assume greater responsibility for their own 
                      reconstruction and development projects.
                          (vi) Strengthen the partnership between the 
                      Government of the United States and the Government 
                      of Afghanistan.
                          (vii) Ensure proper reconstruction and 
                      development oversight activities, including 
                      implementation, where appropriate, of 
                      recommendations of any United States inspectors 
                      general, including the Special Inspector General 
                      for Afghanistan Reconstruction appointed pursuant 
                      to section 1229.
            (4) Counter-narcotics activities.--A description of the 
        following:
                    (A) A comprehensive and effective long-term strategy 
                and budget, with defined objectives, for the activities 
                of the Department of Defense relating to counter-
                narcotics efforts in Afghanistan, including--
                          (i) roles and missions of the Department of 
                      Defense within the overall counter-narcotics 
                      strategy for Afghanistan of the Government of the 
                      United States, including a statement of 
                      priorities;
                          (ii) a detailed, comprehensive, and effective 
                      strategy with defined one-year, three-year, and 
                      five-year objectives and a description of the 
                      accompanying allocation of resources of the 
                      Department of Defense to accomplish such 
                      objectives;
                          (iii) in furtherance of the strategy described 
                      in clause (i), actions that the Department of 
                      Defense is taking and has planned to take to--
                                    (I) improve coordination within the 
                                Department of Defense and with all 
                                relevant departments and agencies of the 
                                Government of the United States;
                                    (II) strengthen significantly the 
                                Afghanistan National Counter-narcotics 
                                Police;
                                    (III) build the capacity of local 
                                and provincial governments of 
                                Afghanistan and the national Government 
                                of Afghanistan to assume greater 
                                responsibility for counter-narcotics-
                                related activities, including 
                                interdiction; and
                                    (IV) improve counter-narcotics-
                                related intelligence capabilities and 
                                tactical use of such capabilities by the 
                                Department of Defense and other 
                                appropriate departments and agencies of 
                                the Government of the United States; and
                          (iv) the impact, if any, including the 
                      disadvantages and advantages, if any, on the 
                      primary counter-terrorism mission of the United 
                      States military of providing enhanced logistical 
                      support to departments and agencies of the 
                      Government of the United States and counter-
                      narcotics partners of the United States in their 
                      interdiction efforts, including apprehending or 
                      eliminating major drug traffickers in Afghanistan.
                    (B) The counter-narcotics roles and missions assumed 
                by the local and provincial governments of Afghanistan 
                and the national Government of Afghanistan, appropriate

[[Page 122 STAT. 388]]

                departments and agencies of the Government of the United 
                States (other than the Department of Defense), the NATO 
                ISAF, and the governments of other countries.
                    (C) The plan and efforts to coordinate the counter-
                narcotics strategy and activities of the Department of 
                Defense with the counter-narcotics strategy and 
                activities of the Government of Afghanistan, the NATO-
                led interdiction and security forces, other appropriate 
                countries, and other counter-narcotics partners of the 
                United States, and the results of such efforts.
                    (D) The progress made by the governments, 
                organizations, and entities specified in subparagraph 
                (B) in executing designated roles and missions, and in 
                coordinating and implementing counternarcotics plans and 
                activities, and based on the results of this progress 
                whether, and to what extent, roles and missions for the 
                Department of Defense should be altered in the future, 
                or should remain unaltered.
            (5) Public corruption and rule of law.--A description of any 
        actions, and the results of such actions, to help the Government 
        of Afghanistan fight public corruption and strengthen governance 
        and the rule of law at the local, provincial, and national 
        levels.
            (6) Regional considerations.--A description of any actions 
        and the results of such actions to increase cooperation with 
        countries geographically located around Afghanistan's border, 
        with a particular focus on improving security and stability in 
        the Afghanistan-Pakistan border areas.

    (d) Matters to Be Included: Performance Indicators and Measures of 
Progress Toward Sustainable Long-Term Security and Stability in 
Afghanistan.--
            (1) In general.--The report required under subsection (a) 
        shall set forth a comprehensive set of performance indicators 
        and measures of progress toward sustainable long-term security 
        and stability in Afghanistan, as specified in paragraph (2), and 
        shall include performance standards and progress goals, together 
        with a notional timetable for achieving such goals.
            (2) Performance indicators and measures of progress 
        specified.--The performance indicators and measures of progress 
        specified in this paragraph shall include, at a minimum, the 
        following:
                    (A) With respect to the NATO ISAF, an assessment of 
                unfulfilled NATO ISAF mission requirements and 
                contributions from individual NATO ISAF countries, 
                including levels of troops and equipment, the effect of 
                contributions on operations, and unfulfilled 
                commitments.
                    (B) An assessment of military operations of the NATO 
                ISAF, including of NATO ISAF countries, and an 
                assessment of separate military operations by United 
                States forces. Such assessments shall include--
                          (i) indicators of a stable security 
                      environment in Afghanistan, such as number of 
                      engagements per day, and trends relating to the 
                      numbers and types of hostile encounters; and
                          (ii) the effects of national caveats that 
                      limit operations, geographic location of 
                      operations, and estimated number of civilian 
                      casualties.

[[Page 122 STAT. 389]]

                    (C) For the Afghanistan National Army (ANA), and 
                separately for the Afghanistan National Police (ANP), of 
                the Afghanistan National Security Forces (ANSF) an 
                assessment of the following:
                          (i) Recruitment and retention numbers, rates 
                      of absenteeism, vetting procedures, and salary 
                      scale.
                          (ii) Numbers trained, numbers receiving 
                      mentoring, the type of training and mentoring, and 
                      number of trainers, mentors, and advisers needed 
                      to support the ANA and ANP and associated 
                      ministries.
                          (iii) Type of equipment used.
                          (iv) Operational readiness status of ANSF 
                      units, including the type, number, size, and 
                      organizational structure of ANA and ANP units that 
                      are--
                                    (I) capable of conducting operations 
                                independently;
                                    (II) capable of conducting 
                                operations with the support of the 
                                United States, NATO ISAF forces, or 
                                other coalition forces; or
                                    (III) not ready to conduct 
                                operations.
                          (v) Effectiveness of ANA and ANP officers and 
                      the ANA and ANP chain of command.
                          (vi) Extent to which insurgents have 
                      infiltrated the ANA and ANP.
                          (vii) Estimated number and capability level of 
                      the ANA and ANP needed to perform duties now 
                      undertaken by NATO ISAF countries, separate United 
                      States forces and other coalition forces, 
                      including defending the borders of Afghanistan and 
                      providing adequate levels of law and order 
                      throughout Afghanistan.
                    (D) An assessment of the estimated strength of the 
                insurgency in Afghanistan and the extent to which it is 
                composed of non-Afghan fighters and utilizing weapons or 
                weapons-related materials from countries other than 
                Afghanistan.
                    (E) A description of all terrorist and insurgent 
                groups operating in Afghanistan, including the number, 
                size, equipment strength, military effectiveness, 
                sources of support, legal status, and any efforts to 
                disarm or reintegrate each such group.
                    (F) An assessment of security and stability, 
                including terrorist and insurgent activity, in 
                Afghanistan-Pakistan border areas and in Pakistan's 
                Federally Administered Tribal Areas.
                    (G) An assessment of United States military 
                requirements, including planned force rotations, for the 
                twelve-month period following the date of the report 
                required under subsection (a).
                    (H) For reconstruction and development, an 
                assessment of the following:
                          (i) The location, funding (including the 
                      sources of funding), staffing requirements, 
                      current staffing levels, and activities of each 
                      United States-led Provincial Reconstruction Team.
                          (ii) Key indicators of economic activity that 
                      should be considered the most important for 
                      determining the prospects of stability in 
                      Afghanistan, including--

[[Page 122 STAT. 390]]

                                    (I) the indicators set forth in the 
                                Afghanistan Compact, which consist of 
                                roads, education, health, agriculture, 
                                and electricity; and
                                    (II) unemployment and poverty 
                                levels.
                    (I) For counter-narcotics efforts, an assessment of 
                the activities of the Department of Defense in 
                Afghanistan, as described in subsection (c)(4), and the 
                effectiveness of such activities.
                    (J) Key measures of political stability relating to 
                both central and local Afghan governance.
                    (K) For public corruption and rule of law, an 
                assessment of anti-corruption and law enforcement 
                activities at the local, provincial, and national levels 
                and the effectiveness of such activities.

    (e) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex, if 
necessary.
    (f) Congressional Briefings.--The Secretary of Defense shall 
supplement the report required under subsection (a) with regular 
briefings to the appropriate congressional committees on the subject 
matter of the report.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL 
            SECURITY FORCES.

    (a) Plan Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter through the end of fiscal 
year 2010, the Secretary of Defense shall submit to the appropriate 
congressional committees a report on a long-term detailed plan for 
sustaining the Afghanistan National Army (ANA) and the Afghanistan 
National Police (ANP) of the Afghanistan National Security Forces 
(ANSF), with the objective of ensuring that a strong and fully-capable 
ANSF will be able to independently and effectively conduct operations 
and maintain long-term security and stability in Afghanistan.
    (b) Coordination.--The report required under subsection (a) shall be 
prepared in coordination with the Secretary of State.
    (c) Matters to Be Included.--The report required under subsection 
(a) shall include a description of the following matters relating to the 
plan for sustaining the ANSF:
            (1) A comprehensive and effective long-term strategy and 
        budget, with defined objectives.
            (2) A mechanism for tracking funding, equipment, training, 
        and services provided for the ANSF by the United States, 
        countries participating in the North Atlantic Treaty 
        Organization (NATO) International Security Assistance Force 
        (ISAF) in Afghanistan (hereafter in this section referred to as 
        ``NATO ISAF countries''), and other coalition forces that are 
        not part of the NATO ISAF.

[[Page 122 STAT. 391]]

            (3) Any actions to assist the Government of Afghanistan 
        achieve the following goals, and the results of such actions:
                    (A) Build and sustain effective Afghan security 
                institutions with fully-capable leadership and staff, 
                including a reformed Ministry of Interior, a fully-
                established Ministry of Defense, and logistics, 
                intelligence, medical, and recruiting units (hereafter 
                in this section referred to as ``ANSF-sustaining 
                institutions'').
                    (B) Train and equip fully-capable ANSF that are 
                capable of conducting operations independently and in 
                sufficient numbers.
                    (C) Establish strong ANSF-readiness assessment tools 
                and metrics.
                    (D) Build and sustain strong, professional ANSF 
                officers at the junior-, mid-, and senior-levels.
                    (E) Develop strong ANSF communication and control 
                between central command and regions, provinces, and 
                districts.
                    (F) Establish a robust mentoring and advising 
                program, and a strong professional military training and 
                education program, for all ANSF officials.
                    (G) Establish effective merit-based salary, rank, 
                promotion, and incentive structures for the ANSF.
                    (H) Develop mechanisms for incorporating lessons 
                learned and best practices into ANSF operations.
                    (I) Establish an ANSF personnel accountability 
                system with effective internal discipline procedures and 
                mechanisms, and a system for addressing ANSF personnel 
                complaints.
                    (J) Ensure effective ANSF oversight mechanisms, 
                including a strong record-keeping system to track ANSF 
                equipment and personnel.
            (4) Coordination with all relevant departments and agencies 
        of the Government of the United States, as well as NATO ISAF 
        countries and other international partners, including on--
                    (A) funding;
                    (B) reform and establishment of ANSF-sustaining 
                institutions; and
                    (C) efforts to ensure that progress on sustaining 
                the ANSF is reinforced with progress in other pillars of 
                the Afghan security sector, particularly progress on 
                building an effective judiciary, curbing production and 
                trafficking of illicit narcotics, and demobilizing, 
                disarming, and reintegrating militia fighters.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

[[Page 122 STAT. 392]]

SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION 
            ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.

    (a) Report Required.--
            (1) In general.--Not later than March 31, 2008, the 
        Secretary of Defense, in consultation with the Secretary of 
        State, shall submit to the appropriate congressional committees 
        a report on enhancing security and stability in the region along 
        the border of Afghanistan and Pakistan.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the following:
                    (A) A detailed description of the efforts by the 
                Government of Pakistan to achieve the following 
                objectives:
                          (i) Eliminate safe havens for Taliban, Al 
                      Qaeda, and other violent extremist forces on the 
                      national territory of Pakistan.
                          (ii) Prevent the movement of such forces 
                      across the border of Pakistan into Afghanistan to 
                      engage in insurgent or terrorist activities.
                    (B) An assessment of the Secretary of Defense as to 
                whether Pakistan is making substantial and sustained 
                efforts to achieve the objectives specified in 
                subparagraph (A).
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (4) Limitation.--
                    (A) In general.--If the Secretary of Defense does 
                not submit the report required under paragraph (1) by 
                March 31, 2008, then after such date the Government of 
                Pakistan may not be reimbursed under the authority of 
                any provision of law described in subparagraph (B) for 
                logistical, military, or other support provided by 
                Pakistan to the United States until the Secretary 
                submits to the appropriate congressional committees the 
                report required by such paragraph.
                    (B) Provisions of law.--The provisions of law 
                referred to in subparagraph (A) are the following:
                          (i) Section 1233.
                          (ii) Any other provision of law under which 
                      payments are authorized to reimburse key 
                      cooperating nations for logistical, military, or 
                      other support provided by that nation to or in 
                      connection with United States military operations.
            (5) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Committee on Foreign Affairs 
                of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Committee on Foreign 
                Relations of the Senate.

    (b) Notification Relating to Department of Defense Coalition Support 
Funds for Pakistan.--
            (1) Notification.--
                    (A) <<NOTE: Deadline.>> In general.--Not less than 
                15 days before making any reimbursement to the 
                Government of Pakistan under

[[Page 122 STAT. 393]]

                the authority of any provision of law described in 
                subparagraph (B) for logistical, military, or other 
                support provided by Pakistan to the United States, the 
                Secretary of Defense shall submit to the congressional 
                defense committees a written notification that contains 
                a detailed description of such logistical, military, or 
                other support.
                    (B) Provisions of law.--The provisions of law 
                referred to in subparagraph (A) are the following:
                          (i) Section 1233.
                          (ii) Any other provision of law under which 
                      payments are authorized to reimburse key 
                      cooperating nations for logistical, military, or 
                      other support provided by that nation to or in 
                      connection with United States military operations.
            (2) Matters to be included.--Each notification required 
        under paragraph (1) shall include an itemized description of the 
        following support provided by Pakistan to the United States for 
        which the United States will provide reimbursement:
                    (A) Logistic support, supplies, and services, as 
                such term is defined in section 2350(1) of title 10, 
                United States Code.
                    (B) Military support.
                    (C) Any other support or services.
            (3) Form.--Each notification required under paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (4) Relationship to other notification requirements.--Each 
        notification required under paragraph (1) shall be in addition 
        to any notification requirements under any provision of law 
        described in subparagraph (B) of such paragraph.
            (5) <<NOTE: Applicability.>> Effective date.--The 
        requirement to submit notifications under paragraph (1) shall 
        apply with respect to reimbursements to the Government of 
        Pakistan for logistical, military, or other support provided by 
        Pakistan to the United States during the period beginning on 
        February 1, 2008, and ending on September 30, 2009.

SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT 
            PROVIDED TO UNITED STATES MILITARY OPERATIONS.

    (a) Authority.--From funds made available for the Department of 
Defense by section 1508 for operation and maintenance, Defense-wide 
activities, the Secretary of Defense may reimburse any key cooperating 
nation for logistical and military support provided by that nation to or 
in connection with United States military operations in Operation Iraqi 
Freedom or Operation Enduring Freedom.
    (b) Amounts of Reimbursement.--
            (1) In general.--Reimbursement authorized by subsection (a) 
        may be made in such amounts as the Secretary of Defense, with 
        the concurrence of the Secretary of State and in consultation 
        with the Director of the Office of Management and Budget, may 
        determine, based on documentation determined by the Secretary of 
        Defense to adequately account for the support provided.
            (2) <<NOTE: Deadline.>> Standards.--Not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall

[[Page 122 STAT. 394]]

        prescribe standards for determining the kinds of logistical and 
        military support to the United States that shall be considered 
        reimbursable under the authority in subsection (a). Such 
        standards may not take effect until 15 days after the date on 
        which the Secretary submits to the congressional defense 
        committees a report setting forth such standards.

    (c) Limitations.--
            (1) Limitation on amount.--The total amount of 
        reimbursements made under the authority in subsection (a) during 
        fiscal year 2008 may not exceed $1,200,000,000.
            (2) Prohibition on contractual obligations to make 
        payments.--The Secretary of Defense may not enter into any 
        contractual obligation to make a reimbursement under the 
        authority in subsection (a).

    (d) <<NOTE: Deadline. Reports.>> Notice to Congress.--The Secretary 
of Defense shall--
            (1) notify the congressional defense committees not less 
        than 15 days before making any reimbursement under the authority 
        in subsection (a); and
            (2) submit to the congressional defense committees on a 
        quarterly basis a report on any reimbursements made under the 
        authority in subsection (a) during such quarter.

SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING OPERATIONS 
            IN IRAQ AND AFGHANISTAN.

    (a) Availability of Funds for Logistical Support.--Subject to the 
provisions of this section, amounts available to the Department of 
Defense for fiscal year 2008 for operation and maintenance may be used 
to provide supplies, services, transportation (including airlift and 
sealift), and other logistical support to coalition forces supporting 
United States military and stabilization operations in Iraq and 
Afghanistan.
    (b) Required Determination.--The Secretary may provide logistical 
support under the authority in subsection (a) only if the Secretary 
determines that the coalition forces to be provided the logistical 
support--
            (1) are essential to the success of a United States military 
        or stabilization operation; and
            (2) would not be able to participate in such operation 
        without the provision of the logistical support.

    (c) Coordination With Export Control Laws.--Logistical support may 
be provided under the authority in subsection (a) only in accordance 
with applicable provisions of the Arms Export Control Act and other 
export control laws of the United States.
    (d) Limitation on Value.--The total amount of logistical support 
provided under the authority in subsection (a) in fiscal year 2008 may 
not exceed $400,000,000.
    (e) Quarterly Reports.--
            (1) Reports required.--Not later than 15 days after the end 
        of each fiscal-year quarter of fiscal year 2008, the Secretary 
        shall submit to the congressional defense committees a report on 
        the provision of logistical support under the authority in 
        subsection (a) during such fiscal-year quarter.
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the fiscal-year quarter covered by such report, the 
        following:
                    (A) Each nation provided logistical support under 
                the authority in subsection (a).

[[Page 122 STAT. 395]]

                    (B) For each such nation, a description of the type 
                and value of logistical support so provided.

Subtitle C-- <<NOTE: Refugee Crisis in Iraq Act of 2007.>> Iraq Refugee 
Crisis

SEC. 1241. SHORT TITLE.

    This subtitle may be cited as the ``Refugee Crisis in Iraq Act of 
2007''.

SEC. 1242. PROCESSING MECHANISMS.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall establish or use existing refugee 
processing mechanisms in Iraq and in countries, where appropriate, in 
the region in which--
            (1) aliens described in section 1243 may apply and interview 
        for admission to the United States as refugees; and
            (2) aliens described in section 1244(b) may apply and 
        interview for admission to United States as special immigrants.

    (b) Suspension.--If such is determined necessary, the Secretary of 
State, in consultation with the Secretary of Homeland Security, may 
suspend in-country processing under subsection (a) for a period not to 
exceed 90 days. <<NOTE: Notification.>> Such suspension may be extended 
by the Secretary of State upon notification to the Committee on the 
Judiciary of the House of Representatives, the Committee on Foreign 
Affairs of the House of Representatives, the Committee on the Judiciary 
of the Senate, and the Committee on Foreign Relations of the 
Senate. <<NOTE: Reports.>> The Secretary of State shall submit to such 
committees a report outlining the basis of any such suspension and any 
extensions thereof.

    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the Secretary 
of Homeland Security, shall submit to the committees specified in 
subsection (b) a report that--
            (1) describes the Secretary of State's plans to establish 
        the processing mechanisms required under subsection (a);
            (2) contains an assessment of in-country processing that 
        makes use of videoconferencing; and
            (3) describes the Secretary of State's diplomatic efforts to 
        improve issuance of exit permits to Iraqis who have been 
        provided special immigrant status under section 1244 and Iraqi 
        refugees under section 1243.

SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.

    (a) In General.--Refugees of special humanitarian concern eligible 
for Priority 2 processing under the refugee resettlement priority system 
who may apply directly to the United States Admission Program shall 
include--
            (1) Iraqis who were or are employed by the United States 
        Government, in Iraq;
            (2) Iraqis who establish to the satisfaction of the 
        Secretary of State that they are or were employed in Iraq by--
                    (A) a media or nongovernmental organization 
                headquartered in the United States; or
                    (B) an organization or entity closely associated 
                with the United States mission in Iraq that has received 
                United

[[Page 122 STAT. 396]]

                States Government funding through an official and 
                documented contract, award, grant, or cooperative 
                agreement; and
            (3) spouses, children, and parents whether or not 
        accompanying or following to join, and sons, daughters, and 
        siblings of aliens described in paragraph (1), paragraph (2), or 
        section 1244(b)(1); and
            (4) Iraqis who are members of a religious or minority 
        community, have been identified by the Secretary of State, or 
        the designee of the Secretary, as a persecuted group, and have 
        close family members (as described in section 201(b)(2)(A)(i) or 
        203(a) of the Immigration and Nationality Act (8 U.S.C. 
        1151(b)(2)(A)(i) and 1153(a))) in the United States.

    (b) Identification of Other Persecuted Groups.--The Secretary of 
State, or the designee of the Secretary, is authorized to identify other 
Priority 2 groups of Iraqis, including vulnerable populations.
    (c) Ineligible Organizations and Entities.--Organizations and 
entities described in subsection (a)(2) shall not include any that 
appear on the Department of the Treasury's list of Specially Designated 
Nationals or any entity specifically excluded by the Secretary of 
Homeland Security, after consultation with the Secretary of State and 
the heads of relevant elements of the intelligence community (as defined 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)).
    (d) Applicability of Other Requirements.--Aliens under this section 
who qualify for Priority 2 processing under the refugee resettlement 
priority system shall satisfy the requirements of section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the 
United States.
    (e) <<NOTE: President.>> Numerical Limitations.--In determining the 
number of Iraqi refugees who should be resettled in the United States 
under paragraphs (2), (3), and (4) of subsection (a) and subsection (b) 
of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), 
the President shall consult with the heads of nongovernmental 
organizations that have a presence in Iraq or experience in assessing 
the problems faced by Iraqi refugees.

    (f) Eligibility for Admission as Refugee.--No alien shall be denied 
the opportunity to apply for admission under this section solely because 
such alien qualifies as an immediate relative or is eligible for any 
other immigrant classification.

SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

    (a) In General.--Subject to subsection (c), the Secretary of 
Homeland Security, or, notwithstanding any other provision of law, the 
Secretary of State in consultation with the Secretary of Homeland 
Security, may provide an alien described in subsection (b) with the 
status of a special immigrant under section 101(a)(27) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
            (1) or an agent acting on behalf of the alien, submits a 
        petition for classification under section 203(b)(4) of such Act 
        (8 U.S.C. 1153(b)(4));
            (2) is otherwise eligible to receive an immigrant visa;
            (3) is otherwise admissible to the United States for 
        permanent residence (excluding the grounds for inadmissibility 
        specified in section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)); and

[[Page 122 STAT. 397]]

            (4) cleared a background check and appropriate screening, as 
        determined by the Secretary of Homeland Security.

    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if the alien--
                    (A) is a citizen or national of Iraq;
                    (B) was or is employed by or on behalf of the United 
                States Government in Iraq, on or after March 20, 2003, 
                for not less than one year;
                    (C) provided faithful and valuable service to the 
                United States Government, which is documented in a 
                positive recommendation or evaluation, subject to 
                paragraph (4), from the employee's senior supervisor or 
                the person currently occupying that position, or a more 
                senior person, if the employee's senior supervisor has 
                left the employer or has left Iraq; and
                    (D) has experienced or is experiencing an ongoing 
                serious threat as a consequence of the alien's 
                employment by the United States Government.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien--
                    (A) is the spouse or child of a principal alien 
                described in paragraph (1); and
                    (B) is accompanying or following to join the 
                principal alien in the United States.
            (3) Treatment of surviving spouse or child.--An alien is 
        described in subsection (b) if the alien--
                    (A) was the spouse or child of a principal alien 
                described in paragraph (1) who had a petition for 
                classification approved pursuant to this section or 
                section 1059 of the National Defense Authorization Act 
                for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 
                note), which included the alien as an accompanying 
                spouse or child; and
                    (B) due to the death of the principal alien--
                          (i) such petition was revoked or terminated 
                      (or otherwise rendered null); and
                          (ii) such petition would have been approved if 
                      the principal alien had survived.
            (4) Approval by chief of mission required.--A recommendation 
        or evaluation required under paragraph (1)(C) shall be 
        accompanied by approval from the Chief of Mission, or the 
        designee of the Chief of Mission, who shall conduct a risk 
        assessment of the alien and an independent review of records 
        maintained by the United States Government or hiring 
        organization or entity to confirm employment and faithful and 
        valuable service to the United States Government prior to 
        approval of a petition under this section.

    (c) Numerical Limitations.--
            (1) In general.--The total number of principal aliens who 
        may be provided special immigrant status under this section may 
        not exceed 5,000 per year for each of the five fiscal years 
        beginning after the date of the enactment of this Act.
            (2) Exclusion from numerical limitations.--Aliens provided 
        special immigrant status under this section shall not be counted 
        against any numerical limitation under sections

[[Page 122 STAT. 398]]

        201(d), 202(a), or 203(b)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (3) Carry forward.--
                    (A) Fiscal years one through four.--If the numerical 
                limitation specified in paragraph (1) is not reached 
                during a given fiscal year referred to in such paragraph 
                (with respect to fiscal years one through four), the 
                numerical limitation specified in such paragraph for the 
                following fiscal year shall be increased by a number 
                equal to the difference between--
                          (i) the numerical limitation specified in 
                      paragraph (1) for the given fiscal year; and
                          (ii) the number of principal aliens provided 
                      special immigrant status under this section during 
                      the given fiscal year.
                    (B) Fiscal years five and six.--If the numerical 
                limitation specified in paragraph (1) is not reached in 
                the fifth fiscal year beginning after the date of the 
                enactment of this Act, the total number of principal 
                aliens who may be provided special immigrant status 
                under this section for the sixth fiscal year beginning 
                after such date shall be equal to the difference 
                between--
                          (i) the numerical limitation specified in 
                      paragraph (1) for the fifth fiscal year; and
                          (ii) the number of principal aliens provided 
                      such status under this section during the fifth 
                      fiscal year.

    (d) Visa and Passport Issuance and Fees.--Neither the Secretary of 
State nor the Secretary of Homeland Security may charge an alien 
described in subsection (b) any fee in connection with an application 
for, or issuance of, a special immigrant visa. The Secretary of State 
shall make a reasonable effort to ensure that aliens described in this 
section who are issued special immigrant visas are provided with the 
appropriate series Iraqi passport necessary to enter the United States.
    (e) Protection of Aliens.--The Secretary of State, in consultation 
with the heads of other relevant Federal agencies, shall make a 
reasonable effort to provide an alien described in this section who is 
applying for a special immigrant visa with protection or the immediate 
removal from Iraq, if possible, of such alien if the Secretary 
determines after consultation that such alien is in imminent danger.
    (f) Eligibility for Admission Under Other Classification.--No alien 
shall be denied the opportunity to apply for admission under this 
section solely because such alien qualifies as an immediate relative or 
is eligible for any other immigrant classification.
    (g) Resettlement Support.--Iraqi aliens granted special immigrant 
status described in section 101(a)(27) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for 
resettlement assistance, entitlement programs, and other benefits 
available to refugees admitted under section 207 of such Act (8 U.S.C. 
1157) for a period not to exceed eight months.
    (h) Rule of Construction.--Nothing in this section may be construed 
to affect the authority of the Secretary of Homeland Security under 
section 1059 of the National Defense Authorization Act for Fiscal Year 
2006.

[[Page 122 STAT. 399]]

SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY 
            DISPLACED PERSONS.

    (a) Designation in Iraq.--The Secretary of State shall designate in 
the embassy of the United States in Baghdad, Iraq, a Senior Coordinator 
for Iraqi Refugees and Internally Displaced Persons (referred to in this 
section as the ``Senior Coordinator'').
    (b) Responsibilities.--The Senior Coordinator shall be responsible 
for the oversight of processing for the resettlement in the United 
States of refugees of special humanitarian concern, special immigrant 
visa programs in Iraq, and the development and implementation of other 
appropriate policies and programs concerning Iraqi refugees and 
internally displaced persons. The Senior Coordinator shall have the 
authority to refer persons to the United States refugee resettlement 
program.
    (c) Designation of Additional Senior Coordinators.--The Secretary of 
State shall designate in the embassies of the United States in Cairo, 
Egypt, Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior 
Coordinator to oversee resettlement in the United States of refugees of 
special humanitarian concern in those countries to ensure their 
applications to the United States refugee resettlement program are 
processed in an orderly manner and without delay.

SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.

    With respect to each country with a significant population of Iraqi 
refugees, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the 
Secretary of State shall--
            (1) as appropriate, consult with the appropriate government 
        officials of such countries and other countries and the United 
        Nations High Commissioner for Refugees regarding resettlement of 
        the most vulnerable members of such refugee populations; and
            (2) as appropriate, except where otherwise prohibited by the 
        laws of the United States, develop mechanisms in and provide 
        assistance to countries with a significant population of Iraqi 
        refugees to ensure the well-being and safety of such populations 
        in their host environments.

SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.

    An alien who applied for asylum or withholding of removal and whose 
claim was denied on or after March 1, 2003, by an asylum officer or an 
immigration judge solely, or in part, on the basis of changed country 
conditions may, notwithstanding any other provision of law, file a 
motion to reopen such claim in accordance with subparagraphs (A) and (B) 
of section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(7)) not later than six months after the date of the enactment 
of the Refugee Crisis in Iraq Act if the alien--
            (1) is a citizen or national of Iraq; and
            (2) has remained in the United States since the date of such 
        denial.

SEC. 1248. REPORTS.

    (a) Secretary of Homeland Security.--Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on the

[[Page 122 STAT. 400]]

Judiciary of the House of Representatives, the Committee on Foreign 
Affairs of the House of Representatives, the Committee on the Judiciary 
of the Senate, and the Committee on Foreign Relations of the Senate a 
report containing plans to expedite the processing of Iraqi refugees for 
resettlement, including information relating to--
            (1) expediting the processing of Iraqi refugees for 
        resettlement, including through temporary expansion of the 
        Refugee Corps of United States Citizenship and Immigration 
        Services;
            (2) increasing the number of personnel of the Department of 
        Homeland Security devoted to refugee processing in Iraq, Jordan, 
        Egypt, Syria, Turkey, and Lebanon;
            (3) enhancing existing systems for conducting background and 
        security checks of persons applying for special immigrant status 
        and of persons considered Priority 2 refugees of special 
        humanitarian concern under the refugee resettlement priority 
        system, which enhancements shall support immigration security 
        and provide for the orderly processing of such applications 
        without delay; and
            (4) the projections of the Secretary, per country and per 
        month, for the number of refugee interviews that will be 
        conducted in fiscal year 2008 and fiscal year 2009.

    (b) President.--Not later than 120 days after the date of the 
enactment of this Act, and annually thereafter through 2013, the 
President shall submit to Congress an unclassified report, with a 
classified annex if necessary, which includes--
            (1) an assessment of the financial, security, and personnel 
        considerations and resources necessary to carry out the 
        provisions of this subtitle;
            (2) the number of aliens described in section 1243(a)(1);
            (3) the number of such aliens who have applied for special 
        immigrant visas;
            (4) the date of such applications; and
            (5) in the case of applications pending for longer than six 
        months, the reasons that such visas have not been expeditiously 
        processed.

    (c) Report on Iraqi Citizens and Nationals Employed by the United 
States Government or Federal Contractors in Iraq.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Defense, the 
        Secretary of State, the Administrator of the United States 
        Agency for International Development, the Secretary of the 
        Treasury, and the Secretary of Homeland Security shall--
                    (A) review internal records and databases of their 
                respective agencies for information that can be used to 
                verify employment of Iraqi nationals by the United 
                States Government; and
                    (B) request from each prime contractor or grantee 
                that has performed work in Iraq since March 20, 2003, 
                under a contract, grant, or cooperative agreement with 
                their respective agencies that is valued in excess of 
                $25,000 information that can be used to verify the 
                employment of Iraqi nationals by such contractor or 
                grantee.
            (2) Information required.--To the extent data is available, 
        the information referred to in paragraph (1) shall include the 
        name and dates of employment of, biometric data for,

[[Page 122 STAT. 401]]

        and other data that can be used to verify the employment of each 
        Iraqi citizen or national who has performed work in Iraq since 
        March 20, 2003, under a contract, grant, or cooperative 
        agreement with an executive agency.
            (3) Executive agency defined.--In this subsection, the term 
        ``executive agency'' has the meaning given the term in section 
        4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(1)).

    (d) Report on Establishment of Database.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretary of State, the Administrator of the 
United States Agency for International Development, the Secretary of the 
Treasury, and the Secretary of Homeland Security, shall submit to 
Congress a report examining the options for establishing a unified, 
classified database of information related to contracts, grants, or 
cooperative agreements entered into by executive agencies for the 
performance of work in Iraq since March 20, 2003, including the 
information described and collected under subsection (c), to be used by 
relevant Federal departments and agencies to adjudicate refugee, asylum, 
special immigrant visa, and other immigration claims and applications.
    (e) <<NOTE: President.>> Noncompliance Report.--Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit a report to Congress that describes--
            (1) the inability or unwillingness of any contractor or 
        grantee to provide the information requested under subsection 
        (c)(1)(B); and
            (2) the reasons for failing to provide such information.

SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.

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

              Subtitle D--Other Authorities and Limitations

SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE 
            RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS 
            AND OTHER ALLIED AND FRIENDLY FOREIGN COUNTRIES.

    Section 2350a(e) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(A)'';
                    (B) by striking ``an arms cooperation opportunities 
                document'' and inserting ``a cooperative opportunities 
                document before the first milestone or decision point''; 
                and
                    (C) by striking subparagraph (B); and
            (2) in paragraph (2), by striking ``An arms cooperation 
        opportunities document'' and inserting ``A cooperative 
        opportunities document''.

[[Page 122 STAT. 402]]

SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO USE 
            ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY 
            EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.

    (a) Expansion to Nations Engaged in Certain Peacekeeping 
Operations.--Subsection (a) of section 1202 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2412) is amended--
            (1) in paragraph (1), by inserting ``or participating in 
        combined operations with the United States as part of a 
        peacekeeping operation under the Charter of the United Nations 
        or another international agreement'' after ``Iraq or 
        Afghanistan''; and
            (2) in paragraph (3) by inserting ``, or in a peacekeeping 
        operation described in paragraph (1), as applicable,'' after 
        ``Iraq or Afghanistan''.

    (b) One-Year Extension.--Subsection (e) of such section is amended 
by striking ``September 30, 2008'' and inserting ``September 30, 2009''.
    (c) Conforming Amendment.--The heading of such section is amended by 
striking ``foreign forces in iraq and afghanistan'' and inserting 
``certain foreign forces''.

SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS OF 
            UNITED STATES MILITARY CIVIC ACTION TEAM IN PALAU.

    Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is amended--
            (1) by striking ``In recognition'' and inserting ``(1) In 
        recognition''; and
            (2) by adding at the end the following:

    ``(2) For expenditures that the Department of Defense makes pursuant 
to paragraph (1), the Secretary of Defense may accept up to the amount 
of $250,000 in annual funds from the Government of Palau as specified in 
paragraph (1). Funds accepted by the Secretary from the Government of 
Palau under this paragraph shall be credited to and merged with 
appropriations available to the Department of Defense and shall be used 
to defray expenditures attendant to the operation of the United States 
military Civic Action Team in Palau. Funds so credited and merged shall 
be available for the same time period as the appropriations to which the 
funds are credited and merged.''.

SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.

    Section 1211 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2420) is amended by 
striking subsection (a).

SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA.

    (a) Enhanced Reward for Capture of Osama Bin Laden.--Section 
36(e)(1) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2708(e)(1)) is amended by adding at the end the following new 
sentence: ``The Secretary shall authorize a reward of $50,000,000 for 
the capture or death or information leading to the capture or death of 
Osama bin Laden.''.
    (b) Status of Efforts To Bring Osama Bin Laden and Other Leaders of 
Al Qaeda to Justice.--

[[Page 122 STAT. 403]]

            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of State and the 
        Secretary of Defense shall, in coordination with the Director of 
        National Intelligence, jointly submit to Congress a report on 
        the progress made in bringing Osama bin Laden and other leaders 
        of al Qaeda to justice.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) An assessment of the likely current location of 
                terrorist leaders, including Osama bin Laden, Ayman al-
                Zawahiri, and other key leaders of al Qaeda.
                    (B) A description of ongoing efforts to bring to 
                justice such terrorist leaders, particularly those who 
                have been directly implicated in attacks in the United 
                States and its embassies.
                    (C) An assessment of whether the government of each 
                country assessed as a likely location of top leaders of 
                al Qaeda has fully cooperated in efforts to bring those 
                leaders to justice.
                    (D) A description of diplomatic efforts currently 
                being made to improve the cooperation of the governments 
                described in subparagraph (C).
                    (E) A description of the current status of the top 
                leadership of al Qaeda and the strategy for locating 
                them and bringing them to justice.
                    (F) An assessment of whether al Qaeda remains the 
                terrorist organization that poses the greatest threat to 
                United States interests, including the greatest threat 
                to the territorial United States.
            (3) Update of report.--Not later than one year after the 
        submission of the report required under paragraph (1), the 
        Secretary of State and the Secretary of Defense shall, in 
        coordination with the Director of National Intelligence, jointly 
        submit to Congress an update of the report required under 
        paragraph (1).
            (4) Form.--The report required under paragraph (1) and the 
        update of the report required under paragraph (3) shall be 
        submitted in unclassified form, but may contain a classified 
        annex, if necessary.

SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

    (a) Members.--Section 1605 of the National Defense Authorization Act 
for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended in subsection 
(a)(1)--
            (1) in subparagraph (C) by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) by adding at the end the following:
                    ``(E) The Secretary of State.
                    ``(F) The Secretary of Homeland Security.''.

    (b) Access to Information.--Subsection (d) of such section is 
amended by inserting after ``Department of Energy,'' the following: 
``the Department of State, the Department of Homeland Security,''.
    (c) Termination.--Subsection (f) of such section is amended by 
striking ``2008'' and inserting ``2013''.

[[Page 122 STAT. 404]]

    (d) Submission of Report.--Section 1503 of the National Defense 
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Annual'' and inserting 
                ``Biennial''; and
                    (B) by striking ``each year'' and inserting ``each 
                odd-numbered year''; and
            (2) in subsection (b)(5)--
                    (A) by striking ``fiscal year preceding'' and 
                inserting ``two fiscal years preceding''; and
                    (B) by striking ``preceding fiscal year'' and 
                inserting ``preceding fiscal years''.

SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR 
            SECURITY COOPERATION.

    It is the sense of Congress that--
            (1) the education and training facility of the Department of 
        Defense known as the Western Hemisphere Institute for Security 
        Cooperation has the mission of providing professional education 
        and training to eligible military personnel, law enforcement 
        officials, and civilians of nations of the Western Hemisphere 
        that support the democratic principles set forth in the Inter-
        American Democratic Charter of the Organization of American 
        States, while fostering mutual knowledge, transparency, 
        confidence, and cooperation among the participating nations and 
        promoting democratic values and respect for human rights; and
            (2) therefore, the Institute is an invaluable education and 
        training facility which the Department of Defense should 
        continue to utilize in order to help foster a spirit of 
        partnership and interoperability among the United States 
        military and the militaries of participating nations.

SEC. 1258. SENSE OF CONGRESS ON IRAN.

    It is the sense of Congress that--
            (1) the manner in which the United States transitions and 
        structures its military presence in Iraq will have critical 
        long-term consequences for the future of the Persian Gulf and 
        the Middle East, in particular with regard to the ability of the 
        Government of Iran to pose a threat to the security of the 
        region, the prospects for democracy for the people of the 
        region, and the health of the global economy;
            (2) it is in the national interest of the United States that 
        the Government of Iran should not use extremists in Iraq to 
        subvert or co-opt the institutions of the legitimate Government 
        of Iraq;
            (3) the United States should designate Iran's Islamic 
        Revolutionary Guards Corps as a foreign terrorist organization 
        under section 219 of the Immigration and Nationality Act (8 
        U.S.C. 1189) and place the Islamic Revolutionary Guards Corps on 
        the list of Specially Designated Global Terrorists, as 
        established under the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order 
        13224 (September 23, 2001); and
            (4) the United States should act with all possible 
        expediency to complete the listing of those entities targeted 
        under United Nations Security Council Resolutions 1737 and 1747,

[[Page 122 STAT. 405]]

        adopted unanimously on December 23, 2006, and March 24, 2007, 
        respectively.

                           Subtitle E--Reports

SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO 
            THE BOMBING OF THE LABELLE DISCOTHEQUE.

    Section 1225 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3465) is amended--
            (1) in subsection (b)(2)--
                    (A) in the heading, by striking ``Update'' and 
                inserting ``Updates''; and
                    (B) by inserting ``and not later than two years 
                after enactment of this Act,'' after ``Not later than 
                one year after enactment of this Act,''; and
            (2) in subsection (c), by striking ``Committee on 
        International Relations'' and inserting ``Committee on Foreign 
        Affairs''.

SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, SUDAN.

    (a) Requirement for Report.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Defense and the 
        Secretary of State shall jointly submit to the appropriate 
        congressional committees a report on the policy of the United 
        States to address the crisis in the Darfur region of Sudan, 
        eastern Chad, and north-eastern Central African Republic, and on 
        the contributions of the Department of Defense and the 
        Department of State to the North Atlantic Treaty Organization 
        (NATO), the United Nations, and the African Union in support of 
        the current African Union Mission in Sudan (AMIS) or any covered 
        United Nations mission.
            (2) Update of report.--Not later than 180 days after the 
        submission of the report required under paragraph (1), the 
        Secretary of Defense and the Secretary of State shall jointly 
        submit to the appropriate congressional committees an update of 
        the report.

    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the extent to which the Government of 
        Sudan is in compliance with its obligations under international 
        law and as a member of the United Nations, including under 
        United Nations Security Council Resolutions 1591 (2005), 1706 
        (2006), 1769 (2007), and 1784 (2007) and a description of any 
        violations of such obligations, including violations relating to 
        the denial of or delay in facilitating access by AMIS and United 
        Nations peacekeeping forces to conflict areas, failure to 
        implement responsibilities to demobilize and disarm the 
        Janjaweed militias, obstruction of the voluntary safe return of 
        internally displaced persons and refugees, and degradation of 
        security of and access to humanitarian supply routes.
            (2) An assessment of the role played by rebel forces in 
        contributing to violence being carried out against civilians and 
        humanitarian organizations and of the impact of such activities

[[Page 122 STAT. 406]]

        on international efforts to create conditions of peace and 
        security on the ground.
            (3) A comprehensive explanation of the policy of the United 
        States to address the crisis in the Darfur region, including the 
        activities undertaken by the Department of Defense and the 
        Department of State in support of that policy.
            (4) A comprehensive assessment of the potential impact of a 
        no-fly zone for the Darfur region, including an assessment of 
        the impact of such a no-fly zone on humanitarian efforts in 
        Darfur and the region and a plan to minimize any negative impact 
        on such humanitarian efforts during the implementation of such a 
        no-fly zone.
            (5) A description of contributions made by the Department of 
        Defense and the Department of State in support of NATO 
        assistance to AMIS and any covered United Nations mission.
            (6) An assessment of the extent to which additional United 
        States Government resources are necessary to meet its 
        obligations to AMIS and any covered United Nations mission.
            (7) An assessment of the force size and composition of an 
        international effort estimated to be necessary to provide 
        protection to civilian populations currently displaced in the 
        Darfur region, as well as the force size and composition of an 
        international effort estimated to be necessary to provide 
        broader stability within that region.
            (8) An examination of the current capacity of the existing 
        airfield in Abeche, Chad, including the scope of its current use 
        by the international community in response to the crisis in the 
        Darfur region.
            (9) An analysis of the upgrades, and their associated costs, 
        necessary to enable the airfield in Abeche, Chad, to be improved 
        to be fully capable of accommodating a humanitarian, 
        peacekeeping, or other force deployment of the size foreseen by 
        United Nations Security Council Resolution 1769 calling for a 
        United Nations deployment to Chad and a hybrid force of the 
        United Nations and African Union operating under Chapter VII of 
        the United Nations Charter for Sudan.

    (c) Form and Availability of Reports.--
            (1) Form.--The report and update of the report required 
        under subsection (a) shall be submitted in an unclassified form, 
        but may include a classified annex.
            (2) Availability.--The <<NOTE: Public information.>>  
        unclassified portion of the report and update of the report 
        required under subsection (a) shall be made available to the 
        public.

    (d) Repeal of Superseded Report Requirement.--Section 1227 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2426) is repealed.
    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Covered united nations mission.--The term ``covered 
        United Nations mission'' means any United Nations-African Union 
        hybrid peacekeeping operation in the Darfur region of Sudan, and 
        any United Nations peacekeeping operation in the

[[Page 122 STAT. 407]]

        Darfur region, eastern Chad, or northern Central African 
        Republic, that is deployed on or after the date of the enactment 
        of this Act.

SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN ANNUAL 
            REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF CHINA.

    Section 1202(b) of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is amended by adding 
at the end the following new paragraph:
            ``(9) Developments in China's asymmetric capabilities, 
        including efforts to acquire, develop, and deploy cyberwarfare 
        capabilities.''.

SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY JUSTICE 
            TO CIVILIANS ACCOMPANYING THE ARMED FORCES DURING A TIME OF 
            DECLARED WAR OR CONTINGENCY OPERATION.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the status of implementing paragraph (10) of 
section 802(a) of title 10, United States Code (article 2(a) of the 
Uniform Code of Military Justice), as amended by section 552 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364), related to the application of chapter 47 of such title 
(the Uniform Code of Military Justice) to persons serving with or 
accompanying an armed force in the field during a time of declared war 
or contingency operation.
    (b) Contents of Report.--The report required by subsection (a) shall 
include each of the following:
            (1) A discussion of how the Secretary has resolved issues 
        related to establishing jurisdiction under such chapter over 
        persons referred to in paragraph (10) of section 802(a) of title 
        10, United States Code (article 2(a) of the Uniform Code of 
        Military Justice), specifically with respect to persons under 
        contract with the Department of Defense or with other Federal 
        agencies.
            (2) An identification of any outstanding issues that remain 
        to be resolved with respect to implementing such paragraph and a 
        timetable for resolving such issues.
            (3) A description of key implementing steps that have been 
        taken or remain to be taken to assert jurisdiction under chapter 
        47 of such title over such persons.
            (4) An explanation of the Secretary's approach to 
        identifying factors that commanders should consider in 
        determining whether to seek prosecution of such a person under 
        such chapter or under chapter 212 of title 18, United States 
        Code.

SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES CITIZENS AND 
            THEIR RELATIVES IN NORTH KOREA.

    (a) Report Required.--Not <<NOTE: President.>>  later than 180 days 
after the date of the enactment of this Act, the President shall 
transmit to Congress a report on family reunions between United States 
citizens and their relatives in the Democratic People's Republic of 
Korea.

    (b) Elements.--The report under subsection (a) shall include the 
following:

[[Page 122 STAT. 408]]

            (1) A description of the efforts, if any, of the United 
        States Government to facilitate family reunions between United 
        States citizens and their relatives in North Korea, including 
        the following:
                    (A) Discussing with North Korea family reunions 
                between United States citizens and their relatives in 
                North Korea.
                    (B) Planning, in the event of a normalization of 
                relations between the United States and North Korea, for 
                the appropriate role of the United States embassy in 
                Pyongyang, North Korea, in facilitating family reunions 
                between United States citizens and their relatives in 
                North Korea.
            (2) A description of additional efforts, if any, of the 
        United States Government to facilitate family reunions between 
        United States citizens and their relatives in North Korea that 
        the President considers to be desirable and feasible.

SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.

    (a) Department of State Report.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State shall 
        submit to the congressional defense committees, the Committee on 
        Foreign Relations of the Senate, and the Committee on Foreign 
        Affairs of the House of Representatives a report assessing the 
        capability of the Department of State to provide training and 
        guidance to the command of an international intervention force 
        that seeks to prevent mass atrocities.
            (2) Content.--The report required under paragraph (1) shall 
        include the following:
                    (A) An evaluation of any doctrine currently used by 
                the Secretary of State to prepare for the training and 
                guidance of the command of an international intervention 
                force.
                    (B) An assessment of the role played by the United 
                States in developing the ``responsibility to protect'' 
                doctrine described in paragraphs 138 through 140 of the 
                outcome document of the High-level Plenary Meeting of 
                the General Assembly adopted by the United Nations in 
                September 2005, and an update on actions taken by the 
                United States Mission to the United Nations to discuss, 
                promote, and implement such doctrine.
                    (C) An assessment of the potential capability of the 
                Department of State and other Federal departments and 
                agencies to support the development of new doctrines for 
                the training and guidance of an international 
                intervention force in keeping with the ``responsibility 
                to protect'' doctrine.
                    (D) Recommendations as to the steps necessary to 
                allow the Secretary of State to provide more effective 
                training and guidance to an international intervention 
                force.

    (b) Department of Defense Report.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees, the Committee on 
        Foreign Relations of the Senate, and the Committee on Foreign 
        Affairs of the House of Representatives a report

[[Page 122 STAT. 409]]

        assessing the capability of the Department of Defense to provide 
        training and guidance to the command of an international 
        intervention force that seeks to prevent mass atrocities.
            (2) Content.--The report required under paragraph (1) shall 
        include the following:
                    (A) An evaluation of any doctrine currently used by 
                the Secretary of Defense to prepare for the training and 
                guidance of the command of an international intervention 
                force.
                    (B) An assessment of the potential capability of the 
                Department of Defense and other Federal departments and 
                agencies to support the development of new doctrines for 
                the training and guidance of an international 
                intervention force in keeping with the ``responsibility 
                to protect'' doctrine.
                    (C) Recommendations as to the steps necessary to 
                allow the Secretary of Defense to provide more effective 
                training and guidance to an international intervention 
                force.
                    (D) A summary of any assessments or studies of the 
                Department of Defense or other Federal departments or 
                agencies relating to ``Operation Artemis'', the 2004 
                French military deployment and intervention in the 
                eastern region of the Democratic Republic of Congo to 
                protect civilians from local warring factions.

    (c) International Intervention Force.--For the purposes of this 
section, ``international intervention force'' means a military force 
that--
            (1) is authorized by the United Nations; and
            (2) has a mission that is narrowly focused on the protection 
        of civilian life and the prevention of mass atrocities such as 
        genocide.

SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED AREAS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
State, in coordination with the Director of National Intelligence, shall 
jointly submit to the specified congressional committees a report on the 
threats posed to the United States from ungoverned areas, including the 
threats to the United States from terrorist groups and individuals 
located in such areas who direct their activities against the national 
security interests of the United States and its allies.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A description of those areas the United States 
        Government considers ungoverned, including--
                    (A) a description of the geo-political and cultural 
                influences exerted within such areas and by whom;
                    (B) a description of the economic conditions and 
                prospects and the major social dynamics of such areas; 
                and
                    (C) a description of the United States Government's 
                relationships with entities located in such areas, 
                including with relevant national or other governments 
                and relevant tribal or other groups.
            (2) A description of the capabilities required by the United 
        States Government to support United States policy aimed at

[[Page 122 STAT. 410]]

        managing the threats described in subsection (a), including, 
        specifically, the technical, linguistic, and analytical 
        capabilities required by the Department of Defense and the 
        Department of State.
            (3) An assessment of the extent to which the Department of 
        Defense and the Department of State possess the capabilities 
        described in paragraph (2) as well as the necessary resources 
        and organization to support United States policy aimed at 
        managing the threats described in subsection (a).
            (4) A description of the extent to which the implementation 
        of Department of Defense Directive 3000.05, entitled ``Military 
        Support for Stability, Security, Transition, and Reconstruction 
        Operations'', will support United States policy for managing 
        such threats.
            (5) A description of the actions, if any, to be taken to 
        improve the capabilities of the Department of Defense and the 
        Department of State described in paragraph (2), and the schedule 
        for implementing any actions so described.

    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, to the maximum extent practicable, but 
may contain a classified annex, if necessary.
    (d) Definition.--In this section, the term ``specified congressional 
committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.

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

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

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

    (a) <<NOTE: 22 USC 5852 note.>>  Specification of Cooperative Threat 
Reduction Programs.--For purposes of section 301 and other provisions of 
this Act, Cooperative Threat Reduction programs are the programs 
specified in section 1501(b) of the National Defense Authorization Act 
for Fiscal Year 1997 (50 U.S.C. 2362 note), as amended by section 1303 
of this Act.

[[Page 122 STAT. 411]]

    (b) Fiscal Year 2008 Cooperative Threat Reduction Funds Defined.--As 
used in this title, the term ``fiscal year 2008 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for three fiscal 
years.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $428,048,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2008 in 
section 301(19) for Cooperative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $92,885,000.
            (2) For nuclear weapons storage security in Russia, 
        $47,640,000.
            (3) For nuclear weapons transportation security in Russia, 
        $37,700,000.
            (4) For weapons of mass destruction proliferation prevention 
        in the states of the former Soviet Union, $47,986,000.
            (5) For biological weapons proliferation prevention in the 
        former Soviet Union, $158,489,000.
            (6) For chemical weapons destruction, $6,000,000.
            (7) For defense and military contacts, $8,000,000.
            (8) For new Cooperative Threat Reduction initiatives that 
        are outside the former Soviet Union, $10,000,000.
            (9) For activities designated as Other Assessments/
        Administrative Support, $19,348,000.

    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2008 Cooperative Threat Reduction funds may be 
obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (9) of subsection (a) until 30 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the amount 
of funds to be obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expenditure of 
fiscal year 2008 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifically 
prohibited under this title or any other provision of law.
    (c) Limited Authority To Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2008 for a purpose listed 
        in paragraphs (1) through (9) of subsection (a) in excess of the 
        specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (9) of subsection (a) 
        in excess of the specific amount authorized for such purpose may 
        be made using the authority provided in paragraph (1) only 
        after--

[[Page 122 STAT. 412]]

                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN 
            STATES OUTSIDE THE FORMER SOVIET UNION.

    Section 1501 of the National Defense Authorization Act for Fiscal 
Year 1997 (50 U.S.C. 2362 note) is amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsections (b) and (c)''; and
            (2) by adding at the end the following new subsection:

    ``(c) Specified Programs With Respect to States Outside the Former 
Soviet Union.--The programs referred to in subsection (a) are the 
following programs with respect to states that are not states of the 
former Soviet Union:
            ``(1) Programs to facilitate the elimination, and the safe 
        and secure transportation and storage, of chemical or biological 
        weapons, weapons components, weapons-related materials, and 
        their delivery vehicles.
            ``(2) Programs to facilitate safe and secure transportation 
        and storage of nuclear weapons, weapons components, and their 
        delivery vehicles.
            ``(3) Programs to prevent the proliferation of nuclear and 
        chemical weapons, weapons components, and weapons-related 
        military technology and expertise.
            ``(4) Programs to prevent the proliferation of biological 
        weapons, weapons components, and weapons-related military 
        technology and expertise, which may include activities that 
        facilitate detection and reporting of highly pathogenic diseases 
        or other diseases that are associated with or that could be 
        utilized as an early warning mechanism for disease outbreaks 
        that could impact the Armed Forces of the United States or 
        allies of the United States.
            ``(5) Programs to expand military-to-military and defense 
        contacts.''.

SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER 
            SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.

    (a) In General.--
            (1) Soviet nuclear threat reduction act of 1991.--The Soviet 
        Nuclear Threat Reduction Act of 1991 (title II of Public Law 
        102-228; 22 U.S.C. 2551 note) is amended--
                    (A) by striking section 211; and
                    (B) in section 212, by striking ``, consistent with 
                the findings stated in section 211,''.
            (2) Cooperative threat reduction act of 1993.--Section 1203 
        of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) 
        is amended by striking subsection (d).
            (3) Russian chemical weapons destruction facilities.--
        Section 1305 of the National Defense Authorization Act for 
        Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is 
        repealed.

[[Page 122 STAT. 413]]

            (4) Conforming repeal.--Section 1303 of the Ronald W. Reagan 
        National Defense Authorization Act for Fiscal Year 2005 (Public 
        Law 108-375; 22 U.S.C. 5952 note) is repealed.

    (b) <<NOTE: 22 USC 5852 note.>>  Inapplicability of Other 
Restrictions.--Section 502 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 
5852) shall not apply to any Cooperative Threat Reduction program.

SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION 
            FUNDS OUTSIDE THE FORMER SOVIET UNION.

    Section 1308 of the National Defense Authorization Act for Fiscal 
Year 2004 (22 U.S.C. 5963) is amended--
            (1) in subsection (a), by striking ``Subject to'' and all 
        that follows through ``the following:'' and inserting ``Subject 
        to the provisions of this section, the Secretary of Defense may 
        obligate and expend Cooperative Threat Reduction funds for a 
        fiscal year, and any Cooperative Threat Reduction funds for a 
        fiscal year before such fiscal year that remain available for 
        obligation, for a proliferation threat reduction project or 
        activity outside the states of the former Soviet Union if the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, determines each of the following:'';
            (2) by striking subsection (c) and redesignating subsections 
        (d) and (e) as (c) and (d), respectively; and
            (3) by amending subsection (c) (as so redesignated) to read 
        as follows:

    ``(c) Limitation on Availability of Funds.--
            ``(1) The Secretary of Defense may not obligate funds for a 
        project or activity under the authority in subsection (a) of 
        this section until the Secretary of Defense, with the 
        concurrence of the Secretary of State, makes each determination 
        specified in that subsection with respect to such project or 
        activity.
            ``(2) <<NOTE: Deadline. Notification.>>  Not later than 10 
        days after obligating funds under the authority in subsection 
        (a) of this section for a project or activity, the Secretary of 
        Defense and the Secretary of State shall notify Congress in 
        writing of the determinations made under paragraph (1) with 
        respect to such project or activity, together with--
                    ``(A) a justification for such determinations; and
                    ``(B) a description of the scope and duration of 
                such project or activity.''.

SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense Cooperative Threat Reduction 
        (CTR) Program should be strengthened and expanded, in part by 
        developing new CTR initiatives;
            (2) such new initiatives should--
                    (A) be well-coordinated with the Department of 
                Energy, the Department of State, and any other relevant 
                United States Government agency or department;
                    (B) include appropriate transparency and 
                accountability mechanisms, and legal frameworks and 
                agreements between the United States and CTR partner 
                countries;
                    (C) reflect engagement with non-governmental experts 
                on possible new options for the CTR Program;

[[Page 122 STAT. 414]]

                    (D) include work with the Russian Federation and 
                other countries to establish strong CTR partnerships 
                that, among other things--
                          (i) increase the role of scientists and 
                      government officials of CTR partner countries in 
                      designing CTR programs and projects; and
                          (ii) increase financial contributions and 
                      additional commitments to CTR programs and 
                      projects from Russia and other partner countries, 
                      as appropriate, as evidence that the programs and 
                      projects reflect national priorities and will be 
                      sustainable;
                    (E) include broader international cooperation and 
                partnerships, and increased international contributions;
                    (F) incorporate a strong focus on national programs 
                and sustainability, which includes actions to address 
                concerns raised and recommendations made by the 
                Government Accountability Office, in its report of 
                February 2007 titled ``Progress Made in Improving 
                Security at Russian Nuclear Sites, but the Long-Term 
                Sustainability of U.S. Funded Security Upgrades is 
                Uncertain'', which pertain to the Department of Defense;
                    (G) continue to focus on the development of CTR 
                programs and projects that secure nuclear weapons; 
                secure and eliminate chemical and biological weapons and 
                weapons-related materials; and eliminate nuclear, 
                chemical, and biological weapons-related delivery 
                vehicles and infrastructure at the source; and
                    (H) include efforts to develop new CTR programs and 
                projects in Russia and the former Soviet Union, and in 
                countries and regions outside the former Soviet Union, 
                as appropriate and in the interest of United States 
                national security; and
            (3) such new initiatives could include--
                    (A) programs and projects in Asia and the Middle 
                East; and
                    (B) activities relating to the denuclearization of 
                the Democratic People's Republic of Korea.

    (b) National Academy of Sciences Study.--
            (1) Study.--Not <<NOTE: Deadline.>>  later than 60 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall enter into an arrangement with the National 
        Academy of Sciences under which the Academy shall carry out a 
        study to analyze options for strengthening and expanding the CTR 
        Program.
            (2) Matters to be included in study.--The Secretary shall 
        provide for the study under paragraph (1) to include--
                    (A) an assessment of new CTR initiatives described 
                in subsection (a); and
                    (B) an identification of options and recommendations 
                for strengthening and expanding the CTR Program.
            (3) Submission of national academy of sciences report.--The 
        National Academy of Sciences shall submit to Congress a report 
        on the study under this subsection at the same time that such 
        report is submitted to the Secretary of Defense pursuant to 
        subsection (c).

    (c) Secretary of Defense Report.--
            (1) In general.--Not later than 90 days after receipt of the 
        report under subsection (b), the Secretary of Defense shall

[[Page 122 STAT. 415]]

        submit to Congress a report on new CTR initiatives. The report 
        shall include--
                    (A) a summary of the results of the study carried 
                out under subsection (b);
                    (B) an assessment by the Secretary of the study; and
                    (C) a statement of the actions, if any, to be 
                undertaken by the Secretary to implement any 
                recommendations in the study.
            (2) Form.--The report shall be in unclassified form but may 
        include a classified annex if necessary.

    (d) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise made 
available for Cooperative Threat Reduction programs for fiscal year 
2008, not more than $1,000,000 shall be obligated or expended to carry 
out this section.

SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT 
            SHCHUCH'YE, RUSSIA.

    (a) Definition.--In this section, the terms ``Shchuch'ye project'' 
and ``project'' mean the Cooperative Threat Reduction Program chemical 
weapons destruction project located in the area of Shchuch'ye in the 
Russian Federation.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the Shchuch'ye project. The 
report shall include--
            (1) a current and detailed cost estimate for completion of 
        the project, to include costs that will be borne by the United 
        States and Russia, respectively; and
            (2) a specific strategic and operating plan for completion 
        of the project, which includes--
                    (A) the Department's plans to ensure robust project 
                management and oversight, including management and 
                oversight with respect to the performance of any 
                contractors;
                    (B) project quality assurance and sustainability 
                measures;
                    (C) metrics for measuring project progress with a 
                timetable for achieving goals, including initial systems 
                integration and start-up testing; and
                    (D) a projected project completion date.

SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF 
            PROLIFERATION OF BIOLOGICAL WEAPONS.

    (a) Study Required.--Not <<NOTE: Deadline.>>  later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall enter into an arrangement with the National Academy of Sciences 
under which the Academy shall carry out a study to identify areas for 
cooperation with states other than states of the former Soviet Union 
under the Cooperative Threat Reduction Program of the Department of 
Defense in the prevention of proliferation of biological weapons.

    (b) Matters To Be Included in Study.--The Secretary shall provide 
for the study under subsection (a) to include the following:
            (1) An assessment of the capabilities and capacity of 
        governments of developing countries to control the containment 
        and use of dual-use technologies of potential interest to 
        terrorist organizations or individuals with hostile intentions.

[[Page 122 STAT. 416]]

            (2) An assessment of the approaches to cooperative threat 
        reduction used by the states of the former Soviet Union that are 
        of special relevance in preventing the proliferation of 
        biological weapons in other areas of the world.
            (3) A brief review of programs of the United States 
        Government and other governments, international organizations, 
        foundations, and other private sector entities that may 
        contribute to the prevention of the proliferation of biological 
        weapons.
            (4) Recommendations on steps for integrating activities of 
        the Cooperative Threat Reduction Program relating to biological 
        weapons proliferation prevention with activities of other 
        departments and agencies of the United States, as appropriate, 
        in states outside of the former Soviet Union.

    (c) Submission of National Academy of Sciences Report.--The National 
Academy of Sciences shall submit to Congress a report on the study under 
subsection (a) at the same time that such report is submitted to the 
Secretary of Defense pursuant to subsection (d).
    (d) Secretary of Defense Report.--
            (1) In general.--Not later than 90 days after receipt of the 
        report required by subsection (a), the Secretary shall submit to 
        the Congress a report on the study carried out under subsection 
        (a).
            (2) Matters to be included.--The report under paragraph (1) 
        shall include the following:
                    (A) A summary of the results of the study carried 
                out under subsection (a).
                    (B) An assessment by the Secretary of the study.
                    (C) A statement of the actions, if any, to be 
                undertaken by the Secretary to implement any 
                recommendations in the study.
            (3) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.

    (e) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise made 
available for Cooperative Threat Reduction programs for fiscal year 
2008, not more than $1,000,000 may be obligated or expended to carry out 
this section.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

[[Page 122 STAT. 417]]

                      Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $102,446,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,250,300,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the National Defense Sealift Fund in the amount of $1,349,094,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2008 for expenses, not otherwise provided for, 
for the Defense Health Program, in the amount of $23,080,384,000, of 
which--
            (1) $22,583,641,000 is for Operation and Maintenance;
            (2) $134,482,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $362,261,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2008 for 
expenses, not otherwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, in the amount of $1,512,724,000, of which--
            (1) $1,181,500,000 is for Operation and Maintenance;
            (2) $312,800,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $18,424,000 is for Procurement.

    (b) Use.--Amounts authorized to be appropriated under subsection (a) 
are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2008 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the 
amount of $938,022,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2008 for expenses, not otherwise

[[Page 122 STAT. 418]]

provided for, for the Office of the Inspector General of the Department 
of Defense, in the amount of $225,995,000, of which--
            (1) $224,995,000 is for Operation and Maintenance; and
            (2) $1,000,000 is for Procurement.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2008, the 
National Defense Stockpile Manager may obligate up to $44,825,000 of the 
funds in the National Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of 
such funds under subsection (b)(2) of such section, including the 
disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The <<NOTE: Notification.>>  National 
Defense Stockpile Manager may obligate amounts in excess of the amount 
specified in subsection (a) if the National Defense Stockpile Manager 
notifies Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notification after the 
end of the 45-day period beginning on the date on which Congress 
receives the notification.

    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY 
            AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.

    (a) Fiscal Year 2000 Disposal Authority.--Section 3402(b) of the 
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 98d 
note), as amended by section 3302 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1788) and 
section 3302 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3545), is amended by striking 
``$600,000,000 before'' in paragraph (5) and inserting ``$710,000,000 
by''.
    (b) Fiscal Year 1999 Disposal Authority.--Section 3303(a) of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302 of 
the Ronald W. Reagan National Defense Authorization Act for Year 2005 
(Public Law 108-375; 118 Stat. 2193), section 3302 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3545), and section 3302(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2513), is amended by striking ``$1,016,000,000 by the end of fiscal year 
2014'' in paragraph (7) and inserting ``$1,066,000,000 by the end of 
fiscal year 2015''.

SEC. 1413. <<NOTE: 50 USC 98d note.>> DISPOSAL OF FERROMANGANESE.

    (a) Disposal Authorized.--The Secretary of Defense may dispose of up 
to 50,000 tons of ferromanganese from the National Defense Stockpile 
during fiscal year 2008.

[[Page 122 STAT. 419]]

    (b) <<NOTE: Contracts. Deadline.>>  Contingent Authority for 
Additional Disposal.--
            (1) In general.--If the Secretary of Defense enters into a 
        contract for the disposal of the total quantity of 
        ferromanganese authorized for disposal by subsection (a) before 
        September 30, 2008, the Secretary of Defense may dispose of up 
        to an additional 25,000 tons of ferromanganese from the National 
        Defense Stockpile before that date.
            (2) Additional amounts.--If the Secretary enters into a 
        contract for the disposal of the total quantity of additional 
        ferromanganese authorized for disposal by paragraph (1) before 
        September 30, 2008, the Secretary may dispose of up to an 
        additional 25,000 tons of ferromanganese from the National 
        Defense Stockpile before that date.

    (c) Certification.--The Secretary of Defense may dispose of 
ferromanganese under the authority of paragraph (1) or (2) of subsection 
(b) only if the Secretary submits to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives, written certification that--
            (1) the disposal of the additional ferromanganese from the 
        National Defense Stockpile under such paragraph is in the 
        interest of national defense;
            (2) the disposal of the additional ferromanganese under such 
        paragraph will not cause disruption to the usual markets of 
        producers and processors of ferromanganese in the United States; 
        and
            (3) the disposal of the additional ferromanganese under such 
        paragraph is consistent with the requirements and purpose of the 
        National Defense Stockpile.

    (d) National Defense Stockpile Defined.--In this section, the term 
``National Defense Stockpile'' means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c).

SEC. 1414. <<NOTE: 50 USC 98d note.>>  DISPOSAL OF CHROME METAL.

    (a) Disposal Authorized.--The Secretary of Defense may dispose of up 
to 500 short tons of chrome metal from the National Defense Stockpile 
during fiscal year 2008.
    (b) <<NOTE: Deadline.>>  Contingent Authority for Additional 
Disposal.--
            (1) In general.--If the Secretary of Defense completes the 
        disposal of the total quantity of chrome metal authorized for 
        disposal by subsection (a) before September 30, 2008, the 
        Secretary of Defense may dispose of up to an additional 250 
        short tons of chrome metal from the National Defense Stockpile 
        before that date.
            (2) Additional amounts.--If the Secretary completes the 
        disposal of the total quantity of additional chrome metal 
        authorized for disposal by paragraph (1) before September 30, 
        2008, the Secretary may dispose of up to an additional 250 short 
        tons of chrome metal from the National Defense Stockpile before 
        that date.

    (c) Certification.--The <<NOTE: Deadline.>>  Secretary of Defense 
may dispose of chrome metal under the authority of paragraph (1) or (2) 
of subsection (b) only if the Secretary submits to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives, not later than 30 days before the commencement 
of disposal under the applicable paragraph, written certification that--

[[Page 122 STAT. 420]]

            (1) the disposal of the additional chrome metal from the 
        National Defense Stockpile is in the interest of national 
        defense;
            (2) the disposal of the additional chrome metal will not 
        cause disruption to the usual markets of producers and 
        processors of chrome metal in the United States; and
            (3) the disposal of the additional chrome metal is 
        consistent with the requirements and purpose of the National 
        Defense Stockpile.

    (d) National Defense Stockpile Defined.--In this section, the term 
``National Defense Stockpile'' means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c).

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
            HOME.

    There is authorized to be appropriated for fiscal year 2008 from the 
Armed Forces Retirement Home Trust Fund the sum of $61,624,000 for the 
operation of the Armed Forces Retirement Home.

SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT 
            HOME.

    (a) Role of Secretary of Defense.--Section 1511 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 411) is amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:

    ``(3) The administration of the Retirement Home (including 
administration for the provision of health care and medical care for 
residents) shall remain under the direct authority, control, and 
administration of the Secretary of Defense.''; and
            (2) in subsection (h), by adding at the end the following 
        new sentence: ``The annual report shall include an assessment of 
        all aspects of each facility of the Retirement Home, including 
        the quality of care at the facility.''.

    (b) Accreditation.--Subsection (g) of section 1511 of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended to read as 
follows:
    ``(g) Accreditation.--The Chief Operating Officer shall secure and 
maintain accreditation by a nationally recognized civilian accrediting 
organization for each aspect of each facility of the Retirement Home, 
including medical and dental care, pharmacy, independent living, and 
assisted living and nursing care.''.
    (c) Spectrum of Care.--Section 1513(b) of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by inserting 
after the first sentence the following new sentence: ``The services 
provided residents of the Retirement Home shall include appropriate 
nonacute medical and dental services, pharmaceutical services, and 
transportation of residents, which shall be provided at no cost to 
residents.''.
    (d) Senior Medical Advisor for Retirement Home.--
            (1) Designation and duties of senior medical advisor.--The 
        Armed Forces Retirement Home Act of 1991

[[Page 122 STAT. 421]]

        is amended by inserting after section 1513 (24 U.S.C. 413) the 
        following new section:
``SEC. 1513A. <<NOTE: 24 USC 413a.>>  IMPROVED HEALTH CARE 
                            OVERSIGHT OF RETIREMENT HOME.

    ``(a) Designation of Senior Medical Advisor.--(1) The Secretary of 
Defense shall designate the Deputy Director of the TRICARE Management 
Activity to serve as the Senior Medical Advisor for the Retirement Home.
    ``(2) The Deputy Director of the TRICARE Management Activity shall 
serve as Senior Medical Advisor for the Retirement Home in addition to 
performing all other duties and responsibilities assigned to the Deputy 
Director of the TRICARE Management Activity at the time of the 
designation under paragraph (1) or afterward.
    ``(b) Responsibilities.--(1) The Senior Medical Advisor shall 
provide advice to the Secretary of Defense, the Under Secretary of 
Defense for Personnel and Readiness, and the Chief Operating Officer 
regarding the direction and oversight of the provision of medical, 
preventive mental health, and dental care services at each facility of 
the Retirement Home.
    ``(2) The Senior Medical Advisor shall also provide advice to the 
Local Board for a facility of the Retirement Home regarding all medical 
and medical administrative matters of the facility.
    ``(c) Duties.--In carrying out the responsibilities set forth in 
subsection (b), the Senior Medical Advisor shall perform the following 
duties:
            ``(1) Ensure the timely availability to residents of the 
        Retirement Home, at locations other than the Retirement Home, of 
        such acute medical, mental health, and dental care as such 
        resident may require that is not available at the applicable 
        facility of the Retirement Home.
            ``(2) Ensure compliance by the facilities of the Retirement 
        Home with accreditation standards, applicable health care 
        standards of the Department of Veterans Affairs, or any other 
        applicable health care standards and requirements (including 
        requirements identified in applicable reports of the Inspector 
        General of the Department of Defense).
            ``(3) Periodically visit and inspect the medical facilities 
        and medical operations of each facility of the Retirement Home.
            ``(4) Periodically examine and audit the medical records and 
        administration of the Retirement Home.
            ``(5) Consult with the Local Board for each facility of the 
        Retirement Home not less frequently than once each year.

    ``(d) Advisory Bodies.--In carrying out the responsibilities set 
forth in subsection (b) and the duties set forth in subsection (c), the 
Senior Medical Advisor may establish and seek the advice of such 
advisory bodies as the Senior Medical Advisor considers appropriate.''.
            (2) Clerical amendment.--The table of contents in section 
        1501(b) of the Armed Forces Retirement Home Act of 1991 (24 
        U.S.C. 401 note) is amended by inserting after the item relating 
        to section 1513 the following new item:

``1513A. Improved health care oversight of Retirement Home.''.

    (e) Local Boards of Trustees.--

[[Page 122 STAT. 422]]

            (1) Duties.--Subsection (b) of section 1516 of the Armed 
        Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended to 
        read as follows:

    ``(b) Duties.--(1) The Local Board for a facility shall serve in an 
advisory capacity to the Director of the facility and to the Chief 
Operating Officer.
    ``(2) The Local Board for a facility shall provide to the Chief 
Operating Officer and the Director of the facility such guidance and 
recommendations on the administration of the facility as the Local Board 
considers appropriate.
    ``(3) Not less often than annually, the Local Board for a facility 
shall provide to the Under Secretary of Defense for Personnel and 
Readiness an assessment of all aspects of the facility, including the 
quality of care at the facility.''.
            (2) Composition.--Subparagraph (K) of subsection (c) of such 
        section is amended to read as follows:
            ``(K) One senior representative of one of the chief 
        personnel officers of the Armed Forces, who shall be a 
        commissioned officer of the Armed Forces serving on active duty 
        in the grade of brigadier general, or in the case of the Navy or 
        Coast Guard, rear admiral (lower half).''.

    (f) Inspection of Retirement Home.--Section 1518 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read as 
follows:

``SEC. 1518. INSPECTION OF RETIREMENT HOME.

    ``(a) Duty of Inspector General of the Department of Defense.--The 
Inspector General of the Department of Defense shall have the duty to 
inspect the Retirement Home.
    ``(b) Inspections by Inspector General.--(1) In any year in which a 
facility of the Retirement Home is not inspected by a nationally 
recognized civilian accrediting organization, the Inspector General of 
the Department of Defense shall perform a comprehensive inspection of 
all aspects of that facility, including independent living, assisted 
living, medical and dental care, pharmacy, financial and contracting 
records, and any aspect of either facility on which the Local Board for 
the facility or the resident advisory committee or council of the 
facility recommends inspection.
    ``(2) The Inspector General shall be assisted in inspections under 
this subsection by a medical inspector general of a military department 
designated for purposes of this subsection by the Secretary of Defense.
    ``(3) In conducting the inspection of a facility of the Retirement 
Home under this subsection, the Inspector General shall solicit 
concerns, observations, and recommendations from the Local Board for the 
facility, the resident advisory committee or council of the facility, 
and the residents of the facility. Any concerns, observations, and 
recommendations solicited from residents shall be solicited on a not-
for-attribution basis.
    ``(4) The Chief Operating Officer and the Director of each facility 
of the Retirement Home shall make all staff, other personnel, and 
records of each facility available to the Inspector General in a timely 
manner for purposes of inspections under this subsection.
    ``(c) Reports on Inspections by Inspector General.--(1) The 
Inspector General shall prepare a report describing the results of each 
inspection conducted of a facility of the Retirement Home

[[Page 122 STAT. 423]]

under subsection (b), and include in the report such recommendations as 
the Inspector General considers appropriate in light of the inspection. 
Not later than 45 days after completing the inspection of the facility, 
the Inspector General shall submit the report to Congress and the 
Secretary of Defense, the Under Secretary of Defense for Personnel and 
Readiness, the Chief Operating Officer, the Director of the facility, 
the Senior Medical Advisor, and the Local Board for the facility.
    ``(2) Not later than 45 days after receiving a report of the 
Inspector General under paragraph (1), the Director of the facility 
concerned shall submit to the Secretary of Defense, the Under Secretary 
of Defense for Personnel and Readiness, the Chief Operating Officer, and 
the Local Board for the facility, and to Congress, a plan to address the 
recommendations and other matters set forth in the report.
    ``(d) Additional Inspections.--(1) The Chief Operating Officer shall 
request the inspection of each facility of the Retirement Home by a 
nationally recognized civilian accrediting organization in accordance 
with section 1511(g).
    ``(2) The Chief Operating Officer and the Director of a facility 
being inspected under this subsection shall make all staff, other 
personnel, and records of the facility available to the civilian 
accrediting organization in a timely manner for purposes of inspections 
under this subsection.
    ``(e) Reports on Additional Inspections.--(1) Not later than 45 days 
after receiving a report of an inspection from the civilian accrediting 
organization under subsection (d), the Director of the facility 
concerned shall submit to the Under Secretary of Defense for Personnel 
and Readiness, the Chief Operating Officer, and the Local Board for the 
facility a report containing--
            ``(A) the results of the inspection; and
            ``(B) a plan to address any recommendations and other 
        matters set forth in the report.

    ``(2) Not later than 45 days after receiving a report and plan under 
paragraph (1), the Secretary of Defense shall submit the report and plan 
to Congress.''.
    (g) Armed Forces Retirement Home Trust Fund.--Section 1519 of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419) is amended by 
adding at the end the following new subsection:
    ``(d) Reporting Requirements.--The Chief Financial Officer of the 
Armed Forces Retirement Home shall comply with the reporting 
requirements of subchapter II of chapter 35 of title 31, United States 
Code.''.

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

Sec. 1501. Purpose.
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.

[[Page 122 STAT. 424]]

Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.

SEC. 1501. PURPOSE.

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

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for procurement accounts for the Army in amounts as follows:
            (1) For aircraft procurement, $2,086,864,000.
            (2) For ammunition procurement, $513,600,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $7,289,697,000.
            (4) For missile procurement, $641,764,000.
            (5) For other procurement, $32,478,568,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 2008 for procurement accounts for the Navy in amounts as follows:
            (1) For aircraft procurement, $3,908,458,000.
            (2) For weapons procurement, $318,281,000.
            (3) For other procurement, $1,870,597,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2008 for the procurement account for the Marine Corps in 
the amount of $5,519,740,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2008 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$609,890,000.

SEC. 1504. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft procurement, $5,828,239,000.
            (2) For ammunition procurement, $104,405,000.
            (3) For missile procurement, $1,800,000.
            (4) For other procurement, $4,528,126,000.

SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
for fiscal year 2008 for the Joint Improvised Explosive Device Defeat 
Fund in the amount of $4,541,000,000.
    (b) Use and Transfer of Funds.--Subsections (b) and (c) of section 
1514 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds 
appropriated pursuant to the authorization of appropriations in 
subsection (a).

[[Page 122 STAT. 425]]

    (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 <<NOTE: 120 Stat. 
2439.>>  2007 is amended by striking ``September 30, 2009'' and 
inserting ``September 30, 2010''.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the procurement account for Defense-wide activities in the amount of 
$768,157,000.

SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $183,299,000.
            (2) For the Navy, $695,996,000.
            (3) For the Air Force, $1,457,710,000.
            (4) For Defense-wide activities, $1,320,088,000.

SEC. 1508. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $54,929,551,000.
            (2) For the Navy, $6,249,793,000.
            (3) For the Marine Corps, $4,674,688,000.
            (4) For the Air Force, $10,798,473,000.
            (5) For Defense-wide activities, $6,424,085,000.
            (6) For the Army Reserve, $196,694,000.
            (7) For the Navy Reserve, $83,407,000.
            (8) For the Marine Corps Reserve, $68,193,000.
            (9) For the Army National Guard, $757,008,000.
            (10) For the Air Force Reserve, $24,266,000.
            (11) For the Air National Guard, $103,267,000.

SEC. 1509. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $1,957,675,000.
            (2) For the National Defense Sealift Fund, $5,110,000.

SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2008 for 
expenses, not otherwise provided for, for the Defense Health Program in 
the amount of $1,137,442,000 for operation and maintenance.
    (b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2008 for expenses,

[[Page 122 STAT. 426]]

not otherwise provided for, for Drug Interdiction and Counter-Drug 
Activities, Defense-wide in the amount of $257,618,000.
    (c) Defense Inspector General.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2008 for 
expenses, not otherwise provided for, for the Office of the Inspector 
General of the Department of Defense in the amount of $4,394,000 for 
operation and maintenance.

SEC. 1511. IRAQ FREEDOM FUND.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2008 for the Iraq Freedom Fund in the amount of 
$207,500,000.
    (b) Transfer.--
            (1) Transfer authorized.--Subject to paragraph (2), amounts 
        authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Freedom Fund to any accounts as 
        follows:
                    (A) Operation and maintenance accounts of the Armed 
                Forces.
                    (B) Military personnel accounts.
                    (C) Research, development, test, and evaluation 
                accounts of the Department of Defense.
                    (D) Procurement accounts of the Department of 
                Defense.
                    (E) Accounts providing funding for classified 
                programs.
                    (F) The operating expenses account of the Coast 
                Guard.
            (2) Notice to congress.--A <<NOTE: Deadline.>>  transfer may 
        not be made under the authority in paragraph (1) until five days 
        after the date on which the Secretary of Defense notifies the 
        congressional defense committees in writing of the transfer.
            (3) Treatment of transferred funds.--Amounts transferred to 
        an account under the authority in paragraph (1) shall be merged 
        with amounts in such account and shall be made available for the 
        same purposes, and subject to the same conditions and 
        limitations, as amounts in such account.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.

SEC. 1512. IRAQ SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2008 for the Iraq Security Forces Fund 
in the amount of $3,000,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds appropriated pursuant to subsection 
        (a) shall be available to the Secretary of Defense for the 
        purpose of allowing the Commander, Multi-National Security 
        Transition Command-Iraq, to provide assistance to the security 
        forces of Iraq.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, training, facility and infrastructure 
        repair, renovation, construction, and funding.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.

[[Page 122 STAT. 427]]

    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), amounts 
        authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Security Forces Fund to any of the 
        following accounts and funds of the Department of Defense to 
        accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid 
                account.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to the fund.--Upon determination that all 
        or part of the funds transferred from the Iraq Security Forces 
        Fund under paragraph (1) are not necessary for the purpose 
        provided, such funds may be transferred back to the Iraq 
        Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.

    (e) Notice to Congress.--Funds <<NOTE: Deadline.>>  may not be 
obligated from the Iraq Security Forces Fund, or transferred under the 
authority provided in subsection (d)(1), until five days after the date 
on which the Secretary of Defense notifies the congressional defense 
committees in writing of the details of the proposed obligation or 
transfer.

    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to paragraph 
        (2), the Secretary of Defense may accept contributions of 
        amounts to the Iraq Security Forces Fund for the purposes 
        provided in subsection (b) from any person, foreign government, 
        or international organization. Any amounts so accepted shall be 
        credited to the Iraq Security Forces Fund.
            (2) Limitation.--The Secretary may not accept a contribution 
        under this subsection if the acceptance of the contribution 
        would compromise or appear to compromise the integrity of any 
        program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), including 
        transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional defense committees, the Committee on Foreign 
        Relations of the Senate, and the Committee on Foreign Affairs of 
        the House of Representatives, in writing, upon the acceptance, 
        and upon the transfer under subsection (d), of any contribution 
        under this subsection. Such notice shall specify the source and 
        amount of any amount so accepted and the use of any amount so 
        accepted.

[[Page 122 STAT. 428]]

    (g) Quarterly Reports.--Not later than 30 days after the end of each 
fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report summarizing the details of any 
obligation or transfer of funds from the Iraq Security Forces Fund 
during such fiscal-year quarter.
    (h) Duration of Authority.--Amounts <<NOTE: Termination date.>>  
authorized to be appropriated or contributed to the Iraq Security Forces 
Fund during fiscal year 2008 are available for obligation or transfer 
from the Iraq Security Forces Fund in accordance with this section until 
September 30, 2009.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2008 for the Afghanistan Security Forces 
Fund in the amount of $2,700,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds authorized to be appropriated by 
        subsection (a) shall be available to the Secretary of Defense to 
        provide assistance to the security forces of Afghanistan.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, training, facility and infrastructure 
        repair, renovation, construction, and funds.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.

    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), amounts 
        authorized to be appropriated by subsection (a) may be 
        transferred from the Afghanistan Security Forces Fund to any of 
        the following accounts and funds of the Department of Defense to 
        accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to fund.--Upon a determination that all 
        or part of the funds transferred from the Afghanistan Security 
        Forces Fund under paragraph (1) are not necessary for the 
        purpose for which transferred, such funds may be transferred 
        back to the Afghanistan Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.

    (e) Prior Notice to Congress of Obligation or Transfer.--Funds may 
not be obligated from the Afghanistan Security Forces

[[Page 122 STAT. 429]]

Fund, or transferred under subsection (d)(1), until five days after the 
date on which the Secretary of Defense notifies the congressional 
defense committees in writing of the details of the proposed obligation 
or transfer.
    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to paragraph 
        (2), the Secretary of Defense may accept contributions of 
        amounts to the Afghanistan Security Forces Fund for the purposes 
        provided in subsection (b) from any person, foreign government, 
        or international organization. Any amounts so accepted shall be 
        credited to the Afghanistan Security Forces Fund.
            (2) Limitation.--The Secretary may not accept a contribution 
        under this subsection if the acceptance of the contribution 
        would compromise or appear to compromise the integrity of any 
        program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), including 
        transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional defense committees, the Committee on Foreign 
        Relations of the Senate, and the Committee on Foreign Affairs of 
        the House of Representatives, in writing, upon the acceptance, 
        and upon the transfer under subsection (d), of any contribution 
        under this subsection. Such notice shall specify the source and 
        amount of any amount so accepted and the use of any amount so 
        accepted.

    (g) Quarterly Reports.--Not later than 30 days after the end of each 
fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report summarizing the details of any 
obligation or transfer of funds from the Afghanistan Security Forces 
Fund during such fiscal-year quarter.
    (h) Duration of Authority.--Amounts <<NOTE: Termination date.>>  
authorized to be appropriated or contributed to the Afghanistan Security 
Forces Fund during fiscal year 2008 are available for obligation or 
transfer from the Afghanistan Security Forces Fund in accordance with 
this section until September 30, 2009.

SEC. 1514. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel accounts for fiscal year 2008 a total of 
$17,912,510,000.

SEC. 1515. STRATEGIC READINESS FUND.

    There is authorized to be appropriated $1,000,000,000 to the 
Strategic Readiness Fund.

SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this Act.

SEC. 1517. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal

[[Page 122 STAT. 430]]

        year 2008 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that the 
        Secretary may transfer under the authority of this section may 
        not exceed $3,500,000,000.

    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

TITLE XVI--WOUNDED <<NOTE: Wounded Warrior Act.>>  WARRIOR MATTERS

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

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

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

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

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

                     Subtitle C--Health Care Matters

Sec. 1631. Medical care and other benefits for members and former 
           members of the Armed Forces with severe injuries or 
           illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with 
           combat-related disabilities for follow-on specialty care, 
           services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of 
           the uniformed services who incur a serious injury or illness 
           on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information 
           for the Department of Defense and Department of Veterans 
           Affairs.

[[Page 122 STAT. 431]]

Sec. 1636. Enhanced personnel authorities for the Department of Defense 
           for health care professionals for care and treatment of 
           wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of 
           the Armed Forces pending resolution of service-related 
           medical conditions.

                     Subtitle D--Disability Matters

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

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

SEC. 1601. <<NOTE: 10 USC 1071 note.>>  SHORT TITLE.

    This title may be cited as the ``Wounded Warrior Act''.

SEC. 1602. <<NOTE: 10 USC 1071 note.>>  GENERAL DEFINITIONS.

    In this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committees on Armed Services, Veterans' 
                Affairs, and Appropriations of the Senate; and
                    (B) the Committees on Armed Services, Veterans' 
                Affairs, and Appropriations of the House of 
                Representatives.

[[Page 122 STAT. 432]]

            (2) Benefits delivery at discharge program.--The term 
        ``Benefits Delivery at Discharge Program'' means a program 
        administered jointly by the Secretary of Defense and the 
        Secretary of Veterans Affairs to provide information and 
        assistance on available benefits and other transition assistance 
        to members of the Armed Forces who are separating from the Armed 
        Forces, including assistance to obtain any disability benefits 
        for which such members may be eligible.
            (3) Disability evaluation system.--The term ``Disability 
        Evaluation System'' means the following:
                    (A) A system or process of the Department of Defense 
                for evaluating the nature and extent of disabilities 
                affecting members of the Armed Forces that is operated 
                by the Secretaries of the military departments and is 
                comprised of medical evaluation boards, physical 
                evaluation boards, counseling of members, and mechanisms 
                for the final disposition of disability evaluations by 
                appropriate personnel.
                    (B) A system or process of the Coast Guard for 
                evaluating the nature and extent of disabilities 
                affecting members of the Coast Guard that is operated by 
                the Secretary of Homeland Security and is similar to the 
                system or process of the Department of Defense described 
                in subparagraph (A).
            (4) Eligible family member.--The term ``eligible family 
        member'', with respect to a recovering service member, means a 
        family member (as defined in section 411 h(b) of title 37, 
        United States Code) who is on invitational travel orders or 
        serving as a non-medical attendee while caring for the 
        recovering service member for more than 45 days during a one-
        year period.
            (5) Medical care.--The term ``medical care'' includes mental 
        health care.
            (6) Outpatient status.--The term ``outpatient status'', with 
        respect to a recovering service member, means the status of a 
        recovering service member assigned to--
                    (A) a military medical treatment facility as an 
                outpatient; or
                    (B) a unit established for the purpose of providing 
                command and control of members of the Armed Forces 
                receiving medical care as outpatients.
            (7) Recovering service member.--The term ``recovering 
        service member'' means a member of the Armed Forces, including a 
        member of the National Guard or a Reserve, who is undergoing 
        medical treatment, recuperation, or therapy and is in an 
        outpatient status while recovering from a serious injury or 
        illness related to the member's military service.
            (8) Serious injury or illness.--The term ``serious injury or 
        illness'', in the case of a member of the Armed Forces, means an 
        injury or illness incurred by the member in line of duty on 
        active duty in the Armed Forces that may render the member 
        medically unfit to perform the duties of the member's office, 
        grade, rank, or rating.
            (9) TRICARE program.--The term ``TRICARE program'' has the 
        meaning given that term in section 1072(7) of title 10, United 
        States Code.

[[Page 122 STAT. 433]]

SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE 
            MEMBERS AND VETERANS.

    (a) In General.--In developing and implementing the policy required 
by section 1611(a), and in otherwise carrying out any other provision of 
this title or any amendment made by this title, the Secretary of Defense 
and the Secretary of Veterans Affairs shall take into account and fully 
address any unique gender-specific needs of recovering service members 
and veterans under such policy or other provision.
    (b) Reports.--In submitting any report required by this title or an 
amendment made by this title, the Secretary of Defense and the Secretary 
of Veterans Affairs shall, to the extent applicable, include a 
description of the manner in which the matters covered by such report 
address the unique gender-specific needs of recovering service members 
and veterans.

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

SEC. 1611. <<NOTE: 10 USC 1071 note.>>  COMPREHENSIVE POLICY ON 
            IMPROVEMENTS TO CARE, MANAGEMENT, AND TRANSITION OF 
            RECOVERING SERVICE MEMBERS.

    (a) Comprehensive Policy Required.--
            (1) In general.--Not <<NOTE: Deadline.>>  later than July 1, 
        2008, the Secretary of Defense and the Secretary of Veterans 
        Affairs shall, to the extent feasible, jointly develop and 
        implement a comprehensive policy on improvements to the care, 
        management, and transition of recovering service members.
            (2) Scope of policy.--The policy shall cover each of the 
        following:
                    (A) The care and management of recovering service 
                members.
                    (B) The medical evaluation and disability evaluation 
                of recovering service members.
                    (C) The return of service members who have recovered 
                to active duty when appropriate.
                    (D) The transition of recovering service members 
                from receipt of care and services through the Department 
                of Defense to receipt of care and services through the 
                Department of Veterans Affairs.
            (3) Consultation.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall develop the policy in 
        consultation with the heads of other appropriate departments and 
        agencies of the Federal Government and with appropriate non-
        governmental organizations having an expertise in matters 
        relating to the policy.
            (4) Update.--The <<NOTE: Deadline.>>  Secretary of Defense 
        and the Secretary of Veterans Affairs shall jointly update the 
        policy on a periodic basis, but not less often than annually, in 
        order to incorporate in the policy, as appropriate, the 
        following:
                    (A) The results of the reviews required under 
                subsections (b) and (c).
                    (B) Best practices identified through pilot programs 
                carried out under this title.

[[Page 122 STAT. 434]]

                    (C) Improvements to matters under the policy 
                otherwise identified and agreed upon by the Secretary of 
                Defense and the Secretary of Veterans Affairs.

    (b) Review of Current Policies and Procedures.--
            (1) Review required.--In developing the policy required by 
        subsection (a), the Secretary of Defense and the Secretary of 
        Veterans Affairs shall, to the extent necessary, jointly and 
        separately conduct a review of all policies and procedures of 
        the Department of Defense and the Department of Veterans Affairs 
        that apply to, or shall be covered by, the policy.
            (2) Purpose.--The purpose of the review shall be to identify 
        the most effective and patient-oriented approaches to care and 
        management of recovering service members for purposes of--
                    (A) incorporating such approaches into the policy; 
                and
                    (B) extending such approaches, where applicable, to 
                the care and management of other injured or ill members 
                of the Armed Forces and veterans.
            (3) Elements.--In conducting the review, the Secretary of 
        Defense and the Secretary of Veterans Affairs shall--
                    (A) identify among the policies and procedures 
                described in paragraph (1) best practices in approaches 
                to the care and management of recovering service 
                members;
                    (B) identify among such policies and procedures 
                existing and potential shortfalls in the care and 
                management of recovering service members (including care 
                and management of recovering service members on the 
                temporary disability retired list), and determine means 
                of addressing any shortfalls so identified;
                    (C) determine potential modifications of such 
                policies and procedures in order to ensure consistency 
                and uniformity, where appropriate, in the application of 
                such policies and procedures--
                          (i) among the military departments;
                          (ii) among the Veterans Integrated Services 
                      Networks (VISNs) of the Department of Veterans 
                      Affairs; and
                          (iii) between the military departments and the 
                      Veterans Integrated Services Networks; and
                    (D) <<NOTE: Recommenda- tions.>>  develop 
                recommendations for legislative and administrative 
                action necessary to implement the results of the review.
            (4) Deadline for completion.--The review shall be completed 
        not later than 90 days after the date of the enactment of this 
        Act.

    (c) Consideration of Existing Findings, Recommendations, and 
Practices.--In developing the policy required by subsection (a), the 
Secretary of Defense and the Secretary of Veterans Affairs shall take 
into account the following:
            (1) The findings and recommendations of applicable studies, 
        reviews, reports, and evaluations that address matters relating 
        to the policy, including, but not limited, to the following:
                    (A) The Independent Review Group on Rehabilitative 
                Care and Administrative Processes at Walter Reed Army 
                Medical Center and National Naval Medical Center, 
                appointed by the Secretary of Defense.

[[Page 122 STAT. 435]]

                    (B) The Secretary of Veterans Affairs Task Force on 
                Returning Global War on Terror Heroes, appointed by the 
                President.
                    (C) The President's Commission on Care for America's 
                Returning Wounded Warriors.
                    (D) The Veterans' Disability Benefits Commission 
                established by title XV of the National Defense 
                Authorization Act for Fiscal Year 2004 (Public Law 108-
                136; 117 Stat. 1676; 38 U.S.C. 1101 note).
                    (E) The President's Task Force to Improve Health 
                Care Delivery for Our Nation's Veterans, of March 2003.
                    (F) The Report of the Congressional Commission on 
                Servicemembers and Veterans Transition Assistance, of 
                1999, chaired by Anthony J. Principi.
                    (G) The President's Commission on Veterans' 
                Pensions, of 1956, chaired by General Omar N. Bradley.
            (2) The experience and best practices of the Department of 
        Defense and the military departments on matters relating to the 
        policy.
            (3) The experience and best practices of the Department of 
        Veterans Affairs on matters relating to the policy.
            (4) Such other matters as the Secretary of Defense and the 
        Secretary of Veterans Affairs consider appropriate.

    (d) Training and Skills of Health Care Professionals, Recovery Care 
Coordinators, Medical Care Case Managers, and Non-Medical Care Managers 
for Recovering Service Members.--
            (1) <<NOTE: Standards.>>  In general.--The policy required 
        by subsection (a) shall provide for uniform standards among the 
        military departments for the training and skills of health care 
        professionals, recovery care coordinators, medical care case 
        managers, and non-medical care managers for recovering service 
        members under subsection (e) in order to ensure that such 
        personnel are able to--
                    (A) detect early warning signs of post-traumatic 
                stress disorder (PTSD), suicidal or homicidal thoughts 
                or behaviors, and other behavioral health concerns among 
                recovering service members; and
                    (B) promptly notify appropriate health care 
                professionals following detection of such signs.
            (2) Tracking of notifications.--In providing for uniform 
        standards under paragraph (1), the policy shall include a 
        mechanism or system to track the number of notifications made by 
        recovery care coordinators, medical care case managers, and non-
        medical care managers to health care professionals under 
        paragraph (1)(A) regarding early warning signs of post-traumatic 
        stress disorder and suicide in recovering service members.

    (e) Services for Recovering Service Members.--The policy required by 
subsection (a) shall provide for improvements as follows with respect to 
the care, management, and transition of recovering service members:
            (1) Comprehensive recovery plan for recovering service 
        members.--The <<NOTE: Standards. Procedures.>>  policy shall 
        provide for uniform standards and procedures for the development 
        of a comprehensive recovery plan for each recovering service 
        member that covers

[[Page 122 STAT. 436]]

        the full spectrum of care, management, transition, and 
        rehabilitation of the service member during recovery.
            (2) Recovery care coordinators for recovering service 
        members.--
                    (A) In general.--The policy shall provide for a 
                uniform program for the assignment to recovering service 
                members of recovery care coordinators having the duties 
                specified in subparagraph (B).
                    (B) Duties.--The duties under the program of a 
                recovery care coordinator for a recovering service 
                member shall include, but not be limited to, overseeing 
                and assisting the service member in the service member's 
                course through the entire spectrum of care, management, 
                transition, and rehabilitation services available from 
                the Federal Government, including services provided by 
                the Department of Defense, the Department of Veterans 
                Affairs, the Department of Labor, and the Social 
                Security Administration.
                    (C) Limitation on number of service members managed 
                by coordinators.--The <<NOTE: Waiver authority.>>  
                maximum number of recovering service members whose cases 
                may be assigned to a recovery care coordinator under the 
                program at any one time shall be such number as the 
                policy shall specify, except that the Secretary of the 
                military department concerned may waive such limitation 
                with respect to a given coordinator for not more than 
                120 days in the event of unforeseen circumstances (as 
                specified in the policy).
                    (D) Training.--The policy shall specify standard 
                training requirements and curricula for recovery care 
                coordinators under the program, including a requirement 
                for successful completion of the training program before 
                a person may assume the duties of such a coordinator.
                    (E) Resources.--The policy shall include mechanisms 
                to ensure that recovery care coordinators under the 
                program have the resources necessary to expeditiously 
                carry out the duties of such coordinators under the 
                program.
                    (F) Supervision.--The <<NOTE: Requirements.>>  
                policy shall specify requirements for the appropriate 
                rank or grade, and appropriate occupation, for persons 
                appointed to head and supervise recovery care 
                coordinators.
            (3) Medical care case managers for recovering service 
        members.--
                    (A) In general.--The policy shall provide for a 
                uniform program among the military departments for the 
                assignment to recovering service members of medical care 
                case managers having the duties specified in 
                subparagraph (B).
                    (B) Duties.--The duties under the program of a 
                medical care case manager for a recovering service 
                member (or the service member's immediate family or 
                other designee if the service member is incapable of 
                making judgments about personal medical care) shall 
                include, at a minimum, the following:
                          (i) Assisting in understanding the service 
                      member's medical status during the care, recovery, 
                      and transition of the service member.
                          (ii) Assisting in the receipt by the service 
                      member of prescribed medical care during the care, 
                      recovery, and transition of the service member.

[[Page 122 STAT. 437]]

                          (iii) Conducting a periodic review of the 
                      medical status of the service member, which review 
                      shall be conducted, to the extent practicable, in 
                      person with the service member, or, whenever the 
                      conduct of the review in person is not 
                      practicable, with the medical care case manager 
                      submitting to the manager's supervisor a written 
                      explanation why the review in person was not 
                      practicable (if the Secretary of the military 
                      department concerned elects to require such 
                      written explanations for purposes of the program).
                    (C) Limitation on number of service members managed 
                by managers.--The <<NOTE: Waiver authority.>>  maximum 
                number of recovering service members whose cases may be 
                assigned to a medical care case manager under the 
                program at any one time shall be such number as the 
                policy shall specify, except that the Secretary of the 
                military department concerned may waive such limitation 
                with respect to a given manager for not more than 120 
                days in the event of unforeseen circumstances (as 
                specified in the policy).
                    (D) Training.--The policy shall specify standard 
                training requirements and curricula for medical care 
                case managers under the program, including a requirement 
                for successful completion of the training program before 
                a person may assume the duties of such a manager.
                    (E) Resources.--The policy shall include mechanisms 
                to ensure that medical care case managers under the 
                program have the resources necessary to expeditiously 
                carry out the duties of such managers under the program.
                    (F) Supervision at armed forces medical 
                facilities.--The policy <<NOTE: Requirements.>>  shall 
                specify requirements for the appropriate rank or grade, 
                and appropriate occupation, for persons appointed to 
                head and supervise the medical care case managers at 
                each medical facility of the Armed Forces. Persons so 
                appointed may be appointed from the Army Medical Corps, 
                Army Medical Service Corps, Army Nurse Corps, Navy 
                Medical Corps, Navy Medical Service Corps, Navy Nurse 
                Corps, Air Force Medical Service, or other corps or 
                civilian health care professional, as applicable, at the 
                discretion of the Secretary of Defense.
            (4) Non-medical care managers for recovering service 
        members.--
                    (A) In general.--The policy shall provide for a 
                uniform program among the military departments for the 
                assignment to recovering service members of non-medical 
                care managers having the duties specified in 
                subparagraph (B).
                    (B) Duties.--The duties under the program of a non-
                medical care manager for a recovering service member 
                shall include, at a minimum, the following:
                          (i) Communicating with the service member and 
                      with the service member's family or other 
                      individuals designated by the service member 
                      regarding non-medical matters that arise during 
                      the care, recovery, and transition of the service 
                      member.
                          (ii) Assisting with oversight of the service 
                      member's welfare and quality of life.

[[Page 122 STAT. 438]]

                          (iii) Assisting the service member in 
                      resolving problems involving financial, 
                      administrative, personnel, transitional, and other 
                      matters that arise during the care, recovery, and 
                      transition of the service member.
                    (C) Duration of duties.--The policy shall provide 
                that a non-medical care manager shall perform duties 
                under the program for a recovering service member until 
                the service member is returned to active duty or retired 
                or separated from the Armed Forces.
                    (D) Limitation on number of service members managed 
                by managers.--The <<NOTE: Waiver authority.>>  maximum 
                number of recovering service members whose cases may be 
                assigned to a non-medical care manager under the program 
                at any one time shall be such number as the policy shall 
                specify, except that the Secretary of the military 
                department concerned may waive such limitation with 
                respect to a given manager for not more than 120 days in 
                the event of unforeseen circumstances (as specified in 
                the policy).
                    (E) Training.--The <<NOTE: Requirements.>>  policy 
                shall specify standard training requirements and 
                curricula among the military departments for non-medical 
                care managers under the program, including a requirement 
                for successful completion of the training program before 
                a person may assume the duties of such a manager.
                    (F) Resources.--The policy shall include mechanisms 
                to ensure that non-medical care managers under the 
                program have the resources necessary to expeditiously 
                carry out the duties of such managers under the program.
                    (G) Supervision at armed forces medical 
                facilities.--The policy <<NOTE: Requirements.>>  shall 
                specify requirements for the appropriate rank and 
                occupational speciality for persons appointed to head 
                and supervise the non-medical care managers at each 
                medical facility of the Armed Forces.
            (5) Access of recovering service members to non-urgent 
        health care from the department of defense or other providers 
        under tricare.--
                    (A) In general.--The <<NOTE: Standards.>>  policy 
                shall provide for appropriate minimum standards for 
                access of recovering service members to non-urgent 
                medical care and other health care services as follows:
                          (i) In medical facilities of the Department of 
                      Defense.
                          (ii) Through the TRICARE program.
                    (B) Maximum waiting times for certain care.--The 
                standards for access under subparagraph (A) shall 
                include such standards on maximum waiting times of 
                recovering service members as the policy shall specify 
                for care that includes, but is not limited to, the 
                following:
                          (i) Follow-up care.
                          (ii) Specialty care.
                          (iii) Diagnostic referrals and studies.
                          (iv) Surgery based on a physician's 
                      determination of medical necessity.
                    (C) Waiver by recovering service members.--The 
                policy shall permit any recovering service member to 
                waive

[[Page 122 STAT. 439]]

                a standard for access under this paragraph under such 
                circumstances and conditions as the policy shall 
                specify.
            (6) Assignment of recovering service members to locations of 
        care.--
                    (A) In general.--The <<NOTE: Guidelines.>>  policy 
                shall provide for uniform guidelines among the military 
                departments for the assignment of recovering service 
                members to a location of care, including guidelines that 
                provide for the assignment of recovering service 
                members, when medically appropriate, to care and 
                residential facilities closest to their duty station or 
                home of record or the location of their designated care 
                giver at the earliest possible time.
                    (B) <<NOTE: Guidelines. Procedures.>>  Reassignment 
                from deficient facilities.--The policy shall provide for 
                uniform guidelines and procedures among the military 
                departments for the reassignment of recovering service 
                members from a medical or medical-related support 
                facility determined by the Secretary of Defense to 
                violate the standards required by section 1648 to 
                another appropriate medical or medical-related support 
                facility until the correction of violations of such 
                standards at the medical or medical-related support 
                facility from which such service members are reassigned.
            (7) <<NOTE: Standards.>>  Transportation and subsistence for 
        recovering service members.--The policy shall provide for 
        uniform standards among the military departments on the 
        availability of appropriate transportation and subsistence for 
        recovering service members to facilitate their obtaining needed 
        medical care and services.
            (8) Work and duty assignments for recovering service 
        members.--The policy <<NOTE: Criteria.>>  shall provide for 
        uniform criteria among the military departments for the 
        assignment of recovering service members to work and duty 
        assignments that are compatible with their medical conditions.
            (9) Access of recovering service members to educational and 
        vocational training and <<NOTE: Standards.>>  rehabilitation.--
        The policy shall provide for uniform standards among the 
        military departments on the provision of educational and 
        vocational training and rehabilitation opportunities for 
        recovering service members at the earliest possible point in 
        their recovery.
            (10) <<NOTE: Procedures.>>  Tracking of recovering service 
        members.--The policy shall provide for uniform procedures among 
        the military departments on tracking recovering service members 
        to facilitate--
                    (A) locating each recovering service member; and
                    (B) tracking medical care appointments of recovering 
                service members to ensure timeliness and compliance of 
                recovering service members with appointments, and other 
                physical and evaluation timelines, and to provide any 
                other information needed to conduct oversight of the 
                care, management, and transition of recovering service 
                members.
            (11) Referrals of recovering service members to other care 
        and services providers.--The 
        policy <<NOTE: Policies. Procedures. Criteria.>>  shall provide 
        for uniform policies, procedures, and criteria among the 
        military departments on the referral of recovering service 
        members to the Department of Veterans Affairs and other private 
        and

[[Page 122 STAT. 440]]

        public entities (including universities and rehabilitation 
        hospitals, centers, and clinics) in order to secure the most 
        appropriate care for recovering service members, which policies, 
        procedures, and criteria shall take into account, but not be 
        limited to, the medical needs of recovering service members and 
        the geographic location of available necessary recovery care 
        services.

    (f) Services for Families of Recovering Service Members.--The policy 
required by subsection (a) shall provide for improvements as follows 
with respect to services for families of recovering service members:
            (1) Support for family members of recovering service 
        members.--The policy <<NOTE: Guidelines.>>  shall provide for 
        uniform guidelines among the military departments on the 
        provision by the military departments of support for family 
        members of recovering service members who are not otherwise 
        eligible for care under section 1672 in caring for such service 
        members during their recovery.
            (2) Advice and training for family members of recovering 
        service members.--The <<NOTE: Requirements. Standards.>>  policy 
        shall provide for uniform requirements and standards among the 
        military departments on the provision by the military 
        departments of advice and training, as appropriate, to family 
        members of recovering service members with respect to care for 
        such service members during their recovery.
            (3) Measurement of satisfaction of family members of 
        recovering service members with quality of health care 
        services.--The <<NOTE: Procedures.>>  policy shall provide for 
        uniform procedures among the military departments on the 
        measurement of the satisfaction of family members of recovering 
        service members with the quality of health care services 
        provided to such service members during their recovery.
            (4) Job placement services for family members of recovering 
        service members.--The <<NOTE: Procedures.>>  policy shall 
        provide for procedures for application by eligible family 
        members during a one-year period for job placement services 
        otherwise offered by the Department of Defense.

    (g) Outreach to Recovering Service Members and Their Families on 
Comprehensive Policy.--The <<NOTE: Procedures.>>  policy required by 
subsection (a) shall include procedures and mechanisms to ensure that 
recovering service members and their families are fully informed of the 
policies required by this section, including policies on medical care 
for recovering service members, on the management and transition of 
recovering service members, and on the responsibilities of recovering 
service members and their family members throughout the continuum of 
care and services for recovering service members under this section.

    (h) Applicability of Comprehensive Policy to Recovering Service 
Members on Temporary Disability Retired <<NOTE: Regulations.>>  List.--
Appropriate elements of the policy required by this section shall apply 
to recovering service members whose names are placed on the temporary 
disability retired list in such manner, and subject to such terms and 
conditions, as the Secretary of Defense shall prescribe in regulations 
for purposes of this subsection.

[[Page 122 STAT. 441]]

SEC. 1612. <<NOTE: 10 USC 1071 note.>>  MEDICAL EVALUATIONS AND PHYSICAL 
            DISABILITY EVALUATIONS OF RECOVERING SERVICE MEMBERS.

    (a) Medical Evaluations of Recovering Service Members.--
            (1) In general.--Not <<NOTE: Deadline. Policy.>>  later than 
        July 1, 2008, the Secretary of Defense shall develop a policy on 
        improvements to the processes, procedures, and standards for the 
        conduct by the military departments of medical evaluations of 
        recovering service members.
            (2) Elements.--The policy on improvements to processes, 
        procedures, and standards required under this subsection shall 
        include and address the following:
                    (A) Processes for medical evaluations of recovering 
                service members that--
                          (i) apply uniformly throughout the military 
                      departments; and
                          (ii) apply uniformly with respect to 
                      recovering service members who are members of the 
                      regular components of the Armed Forces and 
                      recovering service members who are members of the 
                      National Guard and Reserve.
                    (B) Standard criteria and definitions for 
                determining the achievement for recovering service 
                members of the maximum medical benefit from treatment 
                and rehabilitation.
                    (C) Standard timelines for each of the following:
                          (i) Determinations of fitness for duty of 
                      recovering service members.
                          (ii) Specialty care consultations for 
                      recovering service members.
                          (iii) Preparation of medical documents for 
                      recovering service members.
                          (iv) Appeals by recovering service members of 
                      medical evaluation determinations, including 
                      determinations of fitness for duty.
                    (D) Procedures for ensuring that--
                          (i) upon request of a recovering service 
                      member being considered by a medical evaluation 
                      board, a physician or other appropriate health 
                      care professional who is independent of the 
                      medical evaluation board is assigned to the 
                      service member; and
                          (ii) the physician or other health care 
                      professional assigned to a recovering service 
                      member under clause (i)--
                                    (I) serves as an independent source 
                                for review of the findings and 
                                recommendations of the medical 
                                evaluation board;
                                    (II) provides the service member 
                                with advice and counsel regarding the 
                                findings and recommendations of the 
                                medical evaluation board; and
                                    (III) advises the service member on 
                                whether the findings of the medical 
                                evaluation board adequately reflect the 
                                complete spectrum of injuries and 
                                illness of the service member.
                    (E) Standards for qualifications and training of 
                medical evaluation board personnel, including 
                physicians, case

[[Page 122 STAT. 442]]

                workers, and physical disability evaluation board 
                liaison officers, in conducting medical evaluations of 
                recovering service members.
                    (F) Standards for the maximum number of medical 
                evaluation cases of recovering service members that are 
                pending before a medical evaluation board at any one 
                time, and requirements for the establishment of 
                additional medical evaluation boards in the event such 
                number is exceeded.
                    (G) Standards for information for recovering service 
                members, and their families, on the medical evaluation 
                board process and the rights and responsibilities of 
                recovering service members under that process, including 
                a standard handbook on such information (which handbook 
                shall also be available electronically).

    (b) Physical Disability Evaluations of Recovering Service Members.--
            (1) In general.--Not <<NOTE: Deadline. Policy.>>  later than 
        July 1, 2008, the Secretary of Defense and the Secretary of 
        Veterans Affairs shall develop a policy on improvements to the 
        processes, procedures, and standards for the conduct of physical 
        disability evaluations of recovering service members by the 
        military departments and by the Department of Veterans Affairs.
            (2) Elements.--The policy on improvements to processes, 
        procedures, and standards required under this subsection shall 
        include and address the following:
                    (A) A clearly-defined process of the Department of 
                Defense and the Department of Veterans Affairs for 
                disability determinations of recovering service members.
                    (B) To the extent feasible, procedures to eliminate 
                unacceptable discrepancies and improve consistency among 
                disability ratings assigned by the military departments 
                and the Department of Veterans Affairs, particularly in 
                the disability evaluation of recovering service members, 
                which procedures shall be subject to the following 
                requirements and limitations:
                          (i) Such procedures shall apply uniformly with 
                      respect to recovering service members who are 
                      members of the regular components of the Armed 
                      Forces and recovering service members who are 
                      members of the National Guard and Reserve.
                          (ii) Under such procedures, each Secretary of 
                      a military department shall, to the extent 
                      feasible, utilize the standard schedule for rating 
                      disabilities in use by the Department of Veterans 
                      Affairs, including any applicable interpretation 
                      of such schedule by the United States Court of 
                      Appeals for Veterans Claims, in making any 
                      determination of disability of a recovering 
                      service member, except as otherwise authorized by 
                      section 1216a of title 10, United States Code (as 
                      added by section 1642 of this Act).
                    (C) Uniform timelines among the military departments 
                for appeals of determinations of disability of 
                recovering service members, including timelines for 
                presentation, consideration, and disposition of appeals.
                    (D) Uniform standards among the military departments 
                for qualifications and training of physical disability

[[Page 122 STAT. 443]]

                evaluation board personnel, including physical 
                evaluation board liaison personnel, in conducting 
                physical disability evaluations of recovering service 
                members.
                    (E) Uniform standards among the military departments 
                for the maximum number of physical disability evaluation 
                cases of recovering service members that are pending 
                before a physical disability evaluation board at any one 
                time, and requirements for the establishment of 
                additional physical disability evaluation boards in the 
                event such number is exceeded.
                    (F) Uniform standards and procedures among the 
                military departments for the provision of legal counsel 
                to recovering service members while undergoing 
                evaluation by a physical disability evaluation board.
                    (G) Uniform standards among the military departments 
                on the roles and responsibilities of non-medical care 
                managers under section 1611(e)(4) and judge advocates 
                assigned to recovering service members undergoing 
                evaluation by a physical disability board, and uniform 
                standards on the maximum number of cases involving such 
                service members that are to be assigned to judge 
                advocates at any one time.

    (c) Assessment of Consolidation of Department of Defense and 
Department of Veterans Affairs Disability Evaluation Systems.--
            (1) In general.--The <<NOTE: Reports.>>  Secretary of 
        Defense and the Secretary of Veterans Affairs shall jointly 
        submit to the appropriate committees of Congress a report on the 
        feasability and advisability of consolidating the disability 
        evaluation systems of the military departments and the 
        disability evaluation system of the Department of Veterans 
        Affairs into a single disability evaluation system. The report 
        shall be submitted together with the report required by section 
        1611(a).
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An assessment of the feasability and 
                advisability of consolidating the disability evaluation 
                systems described in paragraph (1) as specified in that 
                paragraph.
                    (B) If the consolidation of the systems is 
                considered feasible and advisable--
                          (i) recommendations for various options for 
                      consolidating the systems as specified in 
                      paragraph (1); and
                          (ii) recommendations for mechanisms to 
                      evaluate and assess any progress made in 
                      consolidating the systems as specified in that 
                      paragraph.

SEC. 1613. <<NOTE: 10 USC 1071 note.>>  RETURN OF RECOVERING SERVICE 
            MEMBERS TO ACTIVE DUTY IN THE ARMED FORCES.

    The <<NOTE: Standards.>>  Secretary of Defense shall establish 
standards for determinations by the military departments on the return 
of recovering service members to active duty in the Armed Forces.

SEC. 1614. <<NOTE: Processes. Procedures. Standards. 10 USC 1071 
            note.>>  TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE 
            AND TREATMENT THROUGH THE DEPARTMENT OF DEFENSE TO CARE, 
            TREATMENT, AND REHABILITATION THROUGH THE DEPARTMENT OF 
            VETERANS AFFAIRS.

    (a) In General.--Not <<NOTE: Deadline.>>  later than July 1, 2008, 
the Secretary of Defense and the Secretary of Veterans Affairs shall 
jointly

[[Page 122 STAT. 444]]

develop and implement processes, procedures, and standards for the 
transition of recovering service members from care and treatment through 
the Department of Defense to care, treatment, and rehabilitation through 
the Department of Veterans Affairs.

    (b) Elements.--The processes, procedures, and standards required 
under this section shall include the following:
            (1) Uniform, patient-focused procedures to ensure that the 
        transition described in subsection (a) occurs without gaps in 
        medical care and in the quality of medical care, benefits, and 
        services.
            (2) Procedures for the identification and tracking of 
        recovering service members during the transition, and for the 
        coordination of care and treatment of recovering service members 
        during the transition, including a system of cooperative case 
        management of recovering service members by the Department of 
        Defense and the Department of Veterans Affairs during the 
        transition.
            (3) Procedures for the notification of Department of 
        Veterans Affairs liaison personnel of the commencement by 
        recovering service members of the medical evaluation process and 
        the physical disability evaluation process.
            (4) Procedures and timelines for the enrollment of 
        recovering service members in applicable enrollment or 
        application systems of the Department of Veterans Affairs with 
        respect to health care, disability, education, vocational 
        rehabilitation, or other benefits.
            (5) Procedures to ensure the access of recovering service 
        members during the transition to vocational, educational, and 
        rehabilitation benefits available through the Department of 
        Veterans Affairs.
            (6) Standards for the optimal location of Department of 
        Defense and Department of Veterans Affairs liaison and case 
        management personnel at military medical treatment facilities, 
        medical centers, and other medical facilities of the Department 
        of Defense.
            (7) Standards and procedures for integrated medical care and 
        management of recovering service members during the transition, 
        including procedures for the assignment of medical personnel of 
        the Department of Veterans Affairs to Department of Defense 
        facilities to participate in the needs assessments of recovering 
        service members before, during, and after their separation from 
        military service.
            (8) Standards for the preparation of detailed plans for the 
        transition of recovering service members from care and treatment 
        by the Department of Defense to care, treatment, and 
        rehabilitation by the Department of Veterans Affairs, which 
        plans shall--
                    (A) be based on standardized elements with respect 
                to care and treatment requirements and other applicable 
                requirements; and
                    (B) take into account the comprehensive recovery 
                plan for the recovering service member concerned as 
                developed under section 1611(e)(1).
            (9) Procedures to ensure that each recovering service member 
        who is being retired or separated under chapter 61 of title 10, 
        United States Code, receives a written transition plan, prior to 
        the time of retirement or separation, that--

[[Page 122 STAT. 445]]

                    (A) specifies the recommended schedule and 
                milestones for the transition of the service member from 
                military service;
                    (B) provides for a coordinated transition of the 
                service member from the Department of Defense disability 
                evaluation system to the Department of Veterans Affairs 
                disability system; and
                    (C) includes information and guidance designed to 
                assist the service member in understanding and meeting 
                the schedule and milestones specified under subparagraph 
                (A) for the service member's transition.
            (10) Procedures for the transmittal from the Department of 
        Defense to the Department of Veterans Affairs of records and any 
        other required information on each recovering service member 
        described in paragraph (9), which procedures shall provide for 
        the transmission from the Department of Defense to the 
        Department of Veterans Affairs of records and information on the 
        service member as follows:
                    (A) The address and contact information of the 
                service member.
                    (B) The DD-214 discharge form of the service member, 
                which shall be transmitted under such procedures 
                electronically.
                    (C) A copy of the military service record of the 
                service member, including medical records and any 
                results of a physical evaluation board.
                    (D) Information on whether the service member is 
                entitled to transitional health care, a conversion 
                health policy, or other health benefits through the 
                Department of Defense under section 1145 of title 10, 
                United States Code.
                    (E) A copy of any request of the service member for 
                assistance in enrolling in, or completed applications 
                for enrollment in, the health care system of the 
                Department of Veterans Affairs for health care benefits 
                for which the service member may be eligible under laws 
                administered by the Secretary of Veterans Affairs.
                    (F) A copy of any request by the service member for 
                assistance in applying for, or completed applications 
                for, compensation and vocational rehabilitation benefits 
                to which the service member may be entitled under laws 
                administered by the Secretary of Veterans Affairs.
            (11) A process to ensure that, before transmittal of medical 
        records of a recovering service member to the Department of 
        Veterans Affairs, the Secretary of Defense ensures that the 
        service member (or an individual legally recognized to make 
        medical decisions on behalf of the service member) authorizes 
        the transfer of the medical records of the service member from 
        the Department of Defense to the Department of Veterans Affairs 
        pursuant to the Health Insurance Portability and Accountability 
        Act of 1996.
            (12) Procedures to ensure that, with the consent of the 
        recovering service member concerned, the address and contact 
        information of the service member is transmitted to the 
        department or agency for veterans affairs of the State in which 
        the service member intends to reside after the retirement or 
        separation of the service member from the Armed Forces.

[[Page 122 STAT. 446]]

            (13) Procedures to ensure that, before the transmittal of 
        records and other information with respect to a recovering 
        service member under this section, a meeting regarding the 
        transmittal of such records and other information occurs among 
        the service member, appropriate family members of the service 
        member, representatives of the Secretary of the military 
        department concerned, and representatives of the Secretary of 
        Veterans Affairs, with at least 30 days advance notice of the 
        meeting being given to the service member unless the service 
        member waives the advance notice requirement in order to 
        accelerate transmission of the service member's records and 
        other information to the Department of Veterans Affairs.
            (14) Procedures to ensure that the Secretary of Veterans 
        Affairs gives appropriate consideration to a written statement 
        submitted to the Secretary by a recovering service member 
        regarding the transition.
            (15) Procedures to provide access for the Department of 
        Veterans Affairs to the military health records of recovering 
        service members who are receiving care and treatment, or are 
        anticipating receipt of care and treatment, in Department of 
        Veterans Affairs health care facilities, which procedures shall 
        be consistent with the procedures and requirements in paragraphs 
        (11) and (13).
            (16) A process for the utilization of a joint separation and 
        evaluation physical examination that meets the requirements of 
        both the Department of Defense and the Department of Veterans 
        Affairs in connection with the medical separation or retirement 
        of a recovering service member from military service and for use 
        by the Department of Veterans Affairs in disability evaluations.
            (17) Procedures for surveys and other mechanisms to measure 
        patient and family satisfaction with the provision by the 
        Department of Defense and the Department of Veterans Affairs of 
        care and services for recovering service members, and to 
        facilitate appropriate oversight by supervisory personnel of the 
        provision of such care and services.
            (18) Procedures to ensure the participation of recovering 
        service members who are members of the National Guard or Reserve 
        in the Benefits Delivery at Discharge Program, including 
        procedures to ensure that, to the maximum extent feasible, 
        services under the Benefits Delivery at Discharge Program are 
        provided to recovering service members at--
                    (A) appropriate military installations;
                    (B) appropriate armories and military family support 
                centers of the National Guard;
                    (C) appropriate military medical care facilities at 
                which members of the Armed Forces are separated or 
                discharged from the Armed Forces; and
                    (D) in the case of a member on the temporary 
                disability retired list under section 1202 or 1205 of 
                title 10, United States Code, who is being retired under 
                another provision of such title or is being discharged, 
                at a location reasonably convenient to the member.

SEC. 1615. REPORTS.

    (a) Report on Policy.--Upon the development of the policy required 
by subsection (a) of section 1611 but not later than July

[[Page 122 STAT. 447]]

1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress a report 
on the policy, including a comprehensive and detailed description of the 
policy and of the manner in which the policy addresses the detailed 
elements of the policy specified in subsections (d) through (h) of 
section 1611, and the findings and recommendations of the reviews under 
subsections (b) and (c) of section 1611.
    (b) Interim Report on Policy.--Not later than February 1, 2008, the 
Secretary of Defense and the Secretary of Veterans Affairs shall jointly 
submit to the appropriate committees of Congress an interim report on 
the policy, which shall include a comprehensive and detailed description 
of the matters specified in subsection (a) current as of the date of 
such interim report.
    (c) Report on Update of Policy.--Upon updating the policy under 
section 1611(a)(4), the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to the appropriate committees of 
Congress a report on the update of the policy, including a comprehensive 
and detailed description of such update and of the reasons for such 
update.
    (d) Comptroller General Assessment of Implementation of Policy.--
            (1) In general.--Not <<NOTE: Deadline. Reports.>>  later 
        than six months after the date of the enactment of this Act and 
        every year thereafter through 2010, the Comptroller General of 
        the United States shall submit to the appropriate committees of 
        Congress a report setting forth the assessment of the 
        Comptroller General of the progress of the Secretary of Defense 
        and the Secretary of Veterans Affairs in developing and 
        implementing the policy required by section 
        1611(a). <<NOTE: Certification.>>  Each report shall include a 
        certification by the Comptroller General as to whether the 
        Comptroller General has had timely access to sufficient 
        information to enable the Comptroller General to make informed 
        judgments on the matters covered by the report.
            (2) Access information.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall facilitate the ability of 
        the Comptroller General to conduct any review required for a 
        report under this subsection within the time period required for 
        such report, including prompt and complete access to such 
        information as the Comptroller General considers necessary to 
        perform such review.

    (e) Report on Reduction in Disability Ratings by the Department of 
Defense.--Not later than February 1, 2009, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report on the number of instances during the period 
beginning on October 7, 2001, and ending on September 30, 2006, in which 
a disability rating assigned to a member of the Armed Forces by an 
informal physical evaluation board of the Department of Defense was 
reduced upon appeal, and the reasons for such reduction.

SEC. 1616. <<NOTE: 10 USC 1071 note.>>  ESTABLISHMENT OF A WOUNDED 
            WARRIOR RESOURCE CENTER.

    (a) Establishment.--The Secretary of Defense shall establish a 
wounded warrior resource center (in this section referred to as the 
``center'') to provide wounded warriors, their families, and their 
primary caregivers with a single point of contact for assistance with 
reporting deficiencies in covered military facilities, obtaining

[[Page 122 STAT. 448]]

health care services, receiving benefits information, and any other 
difficulties encountered while supporting wounded warriors. The 
Secretary shall widely disseminate information regarding the existence 
and availability of the center, including contact information, to 
members of the Armed Forces and their dependents. In carrying out this 
subsection, the Secretary may use existing infrastructure and 
organizations but shall ensure that the center has the ability to 
separately keep track of calls from wounded warriors.
    (b) Access.--The <<NOTE: Website. Communications and telecommu- 
nications.>>  center shall provide multiple methods of access, including 
at a minimum an Internet website and a toll-free telephone number 
(commonly referred to as a ``hot line'') at which personnel are 
accessible at all times to receive reports of deficiencies or provide 
information about covered military facilities, health care services, or 
military benefits.

    (c) Confidentiality.--
            (1) Notification.--Individuals who seek to provide 
        information through the center under subsection (a) shall be 
        notified, immediately before they provide such information, of 
        their option to elect, at their discretion, to have their 
        identity remain confidential.
            (2) Prohibition on further disclosure.--In the case of 
        information provided through use of the toll-free telephone 
        number by an individual who elects to maintain the 
        confidentiality of his or her identity, any individual who, by 
        necessity, has had access to such information for purposes of 
        investigating or responding to the call as required under 
        subsection (d) may not disclose the identity of the individual 
        who provided the information.

    (d) Functions.--The center shall perform the following functions:
            (1) Call tracking.--The center shall be responsible for 
        documenting receipt of a call, referring the call to the 
        appropriate office within a military department for answer or 
        investigation, and tracking the formulation and notification of 
        the response to the call.
            (2) Investigation and response.--The <<NOTE: Deadline.>>  
        center shall be responsible for ensuring that, not later than 96 
        hours after a call--
                    (A) if a report of deficiencies is received in a 
                call--
                          (i) any deficiencies referred to in the call 
                      are investigated;
                          (ii) if substantiated, a plan of action for 
                      remediation of the deficiencies is developed and 
                      implemented; and
                          (iii) if requested, the individual who made 
                      the report is notified of the current status of 
                      the report; or
                    (B) if a request for information is received in a 
                call--
                          (i) the information requested by the caller is 
                      provided by the center;
                          (ii) all requests for information from the 
                      call are referred to the appropriate office or 
                      offices of a military department for response; and
                          (iii) the individual who made the report is 
                      notified, at a minimum, of the current status of 
                      the query.
            (3) Final notification.--The center shall be responsible for 
        ensuring that, if requested, the caller is notified when

[[Page 122 STAT. 449]]

        the deficiency has been corrected or when the request for 
        information has been fulfilled to the maximum extent 
        practicable, as determined by the Secretary.

    (e) Definitions.--In this section:
            (1) Covered military facility.--The term ``covered military 
        facility'' has the meaning provided in section 1648(b) of this 
        Act.
            (2) Call.--The term ``call'' means any query or report that 
        is received by the center by means of the toll-free telephone 
        number or other source.

    (f) Effective Dates.--
            (1) Toll-free telephone number.--The toll-free telephone 
        number required to be established by subsection (a), shall be 
        fully operational not later than April 1, 2008.
            (2) Internet website.--The Internet website required to be 
        established by subsection (a), shall be fully operational not 
        later than July 1, 2008.

SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED 
            SERVICE MEMBERS.

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

``Sec. 1074l. Notification to Congress of hospitalization of combat 
                        wounded members

    ``(a) Notification Required.--The Secretary concerned shall provide 
notification of the hospitalization of any member of the armed forces 
evacuated from a theater of combat and admitted to a military treatment 
facility within the United States to the appropriate Members of 
Congress.
    ``(b) Appropriate Members.--In this section, the term `appropriate 
Members of Congress', with respect to the member of the armed forces 
about whom notification is being made, means the Senators representing 
the State, and the Member, Delegate, or Resident Commissioner of the 
House of Representatives representing the district, that includes the 
member's home of record or a different location as provided by the 
member.
    ``(c) Consent of Member Required.--The notification under subsection 
(a) may be provided only with the consent of the member of the armed 
forces about whom notification is to be made. In the case of a member 
who is unable to provide consent, information and consent may be 
provided by next of kin.''.
            (2) <<NOTE: 10 USC 1074l note.>>  Effective date.--The 
        notification requirement under section 1074l(a) of title 10, 
        United States Code, as added by paragraph (1), shall apply 
        beginning 60 days after the date of the enactment of this Act.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

[[Page 122 STAT. 450]]

SEC. 1618. <<NOTE: 10 USC 1071 note.>>  COMPREHENSIVE PLAN ON 
            PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND 
            REHABILITATION OF, AND RESEARCH ON, TRAUMATIC BRAIN INJURY, 
            POST-TRAUMATIC STRESS DISORDER, AND OTHER MENTAL HEALTH 
            CONDITIONS IN MEMBERS OF THE ARMED FORCES.

    (a) Comprehensive Statement of Policy.--The Secretary of Defense and 
the Secretary of Veterans Affairs shall direct joint planning among the 
Department of Defense, the military departments, and the Department of 
Veterans Affairs for the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of, and research on, traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions in members 
of the Armed Forces, including planning for the seamless transition of 
such members from care through the Department of Defense to care through 
the Department of Veterans Affairs.
    (b) Comprehensive Plan Required.--Not <<NOTE: Deadline.>>  later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall, in consultation with the Secretary of Veterans 
Affairs, submit to the congressional defense committees a comprehensive 
plan for programs and activities of the Department of Defense to 
prevent, diagnose, mitigate, treat, research, and otherwise respond to 
traumatic brain injury, post-traumatic stress disorder, and other mental 
health conditions in members of the Armed Forces, including--
            (1) an assessment of the current capabilities of the 
        Department for the prevention, diagnosis, mitigation, treatment, 
        and rehabilitation of, and research on, traumatic brain injury, 
        post-traumatic stress disorder, and other mental health 
        conditions in members of the Armed Forces;
            (2) the identification of gaps in current capabilities of 
        the Department for the prevention, diagnosis, mitigation, 
        treatment, and rehabilitation of, and research on, traumatic 
        brain injury, post-traumatic stress disorder, and other mental 
        health conditions in members of the Armed Forces; and
            (3) the identification of the resources required for the 
        Department in fiscal years 2009 through 2013 to address the gaps 
        in capabilities identified under paragraph (2).

    (c) Program Required.--One of the programs contained in the 
comprehensive plan submitted under subsection (b) shall be a Department 
of Defense program, developed in collaboration with the Department of 
Veterans Affairs, under which each member of the Armed Forces who incurs 
a traumatic brain injury or post-traumatic stress disorder during 
service in the Armed Forces--
            (1) is enrolled in the program; and
            (2) receives treatment and rehabilitation meeting a standard 
        of care such that each individual who qualifies for care under 
        the program shall--
                    (A) be provided the highest quality, evidence-based 
                care in facilities that most appropriately meet the 
                specific needs of the individual; and
                    (B) be rehabilitated to the fullest extent possible 
                using up-to-date evidence-based medical technology, and 
                physical and medical rehabilitation practices and 
                expertise.

    (d) Provision of Information Required.--The comprehensive plan 
submitted under subsection (b) shall require the provision of 
information by the Secretary of Defense to members of the Armed Forces 
with traumatic brain injury, post-traumatic stress

[[Page 122 STAT. 451]]

disorder, or other mental health conditions and their families about 
their options with respect to the following:
            (1) The receipt of medical and mental health care from the 
        Department of Defense and the Department of Veterans Affairs.
            (2) Additional options available to such members for 
        treatment and rehabilitation of traumatic brain injury, post-
        traumatic stress disorder, and other mental health conditions.
            (3) The options available, including obtaining a second 
        opinion, to such members for a referral to an authorized 
        provider under chapter 55 of title 10, United States Code, as 
        determined under regulations prescribed by the Secretary of 
        Defense.

    (e) Additional Elements of Plan.--The comprehensive plan submitted 
under subsection (b) shall include comprehensive proposals of the 
Department on the following:
            (1) Lead agent.--The designation by the Secretary of Defense 
        of a lead agent or executive agent for the Department to 
        coordinate development and implementation of the plan.
            (2) Detection and treatment.--The improvement of methods and 
        mechanisms for the detection and treatment of traumatic brain 
        injury, post-traumatic stress disorder, and other mental health 
        conditions in members of the Armed Forces in the field.
            (3) Reduction of ptsd.--The development of a plan for 
        reducing post traumatic-stress disorder, incorporating evidence-
        based preventive and early-intervention measures, practices, or 
        procedures that reduce the likelihood that personnel in combat 
        will develop post-traumatic stress disorder or other stress-
        related conditions (including substance abuse conditions) into--
                    (A) basic and pre-deployment training for enlisted 
                members of the Armed Forces, noncommissioned officers, 
                and officers;
                    (B) combat theater operations; and
                    (C) post-deployment service.
            (4) Research.--Requirements for research on traumatic brain 
        injury, post-traumatic stress disorder, and other mental health 
        conditions including (in particular) research on pharmacological 
        and other approaches to treatment for traumatic brain injury, 
        post-traumatic stress disorder, or other mental health 
        conditions, as applicable, and the allocation of priorities 
        among such research.
            (5) Diagnostic criteria.--The development, adoption, and 
        deployment of joint Department of Defense-Department of Veterans 
        Affairs evidence-based diagnostic criteria for the detection and 
        evaluation of the range of traumatic brain injury, post-
        traumatic stress disorder, and other mental health conditions in 
        members of the Armed Forces, which criteria shall be employed 
        uniformly across the military departments in all applicable 
        circumstances, including provision of clinical care and 
        assessment of future deployability of members of the Armed 
        Forces.
            (6) Assessment.--The development and deployment of evidence-
        based means of assessing traumatic brain injury, post-traumatic 
        stress disorder, and other mental health conditions in members 
        of the Armed Forces, including a system of pre-

[[Page 122 STAT. 452]]

        deployment and post-deployment screenings of cognitive ability 
        in members for the detection of cognitive impairment.
            (7) Managing and monitoring.--The development and deployment 
        of effective means of managing and monitoring members of the 
        Armed Forces with traumatic brain injury, post-traumatic stress 
        disorder, or other mental health conditions in the receipt of 
        care for traumatic brain injury, post-traumatic stress disorder, 
        or other mental health conditions, as applicable, including the 
        monitoring and assessment of treatment and outcomes.
            (8) Education and awareness.--The development and deployment 
        of an education and awareness training initiative designed to 
        reduce the negative stigma associated with traumatic brain 
        injury, post-traumatic stress disorder, and other mental health 
        conditions, and mental health treatment.
            (9) Education and outreach.--The provision of education and 
        outreach to families of members of the Armed Forces with 
        traumatic brain injury, post-traumatic stress disorder, or other 
        mental health conditions on a range of matters relating to 
        traumatic brain injury, post-traumatic stress disorder, or other 
        mental health conditions, as applicable, including detection, 
        mitigation, and treatment.
            (10) Recording of blasts.--A requirement that exposure to a 
        blast or blasts be recorded in the records of members of the 
        Armed Forces.
            (11) Guidelines for blast injuries.--The development of 
        clinical practice guidelines for the diagnosis and treatment of 
        blast injuries in members of the Armed Forces, including, but 
        not limited to, traumatic brain injury.
            (12) Gender- and ethnic group-specific services and 
        treatment.--The development of requirements, as appropriate, for 
        gender- and ethnic group-specific medical care services and 
        treatment for members of the Armed Forces who experience mental 
        health problems and conditions, including post-traumatic stress 
        disorder, with specific regard to the availability of, access 
        to, and research and development requirements of such needs.

    (f) Coordination in Development.--The comprehensive plan submitted 
under subsection (b) shall be developed in coordination with the 
Secretary of the Army (who was designated by the Secretary of Defense as 
executive agent for the prevention, mitigation, and treatment of blast 
injuries under section 256 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 
note)).

[[Page 122 STAT. 453]]

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

SEC. 1621. <<NOTE: 10 USC 1071 note.>>  CENTER OF EXCELLENCE IN THE 
            PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND 
            REHABILITATION OF TRAUMATIC BRAIN INJURY.

    (a) <<NOTE: Establishment.>>  In General.--The Secretary of Defense 
shall establish within the Department of Defense a center of excellence 
in the prevention, diagnosis, mitigation, treatment, and rehabilitation 
of traumatic brain injury, including mild, moderate, and severe 
traumatic brain injury, to carry out the responsibilities specified in 
subsection (c).

    (b) Partnerships.--The Secretary shall ensure that the Center 
collaborates to the maximum extent practicable with the Department of 
Veterans Affairs, institutions of higher education, and other 
appropriate public and private entities (including international 
entities) to carry out the responsibilities specified in subsection (c).
    (c) Responsibilities.--The Center shall have responsibilities as 
follows:
            (1) To implement the comprehensive plan and strategy for the 
        Department of Defense, required by section 1618 of this Act, for 
        the prevention, diagnosis, mitigation, treatment, and 
        rehabilitation of traumatic brain injury, including research on 
        gender and ethnic group-specific health needs related to 
        traumatic brain injury.
            (2) To provide for the development, testing, and 
        dissemination within the Department of best practices for the 
        treatment of traumatic brain injury.
            (3) To provide guidance for the mental health system of the 
        Department in determining the mental health and neurological 
        health personnel required to provide quality mental health care 
        for members of the Armed Forces with traumatic brain injury.
            (4) To establish, implement, and oversee a comprehensive 
        program to train mental health and neurological health 
        professionals of the Department in the treatment of traumatic 
        brain injury.
            (5) To facilitate advancements in the study of the short-
        term and long-term psychological effects of traumatic brain 
        injury.
            (6) To disseminate within the military medical treatment 
        facilities of the Department best practices for training mental 
        health professionals, including neurological health 
        professionals, with respect to traumatic brain injury.
            (7) To conduct basic science and translational research on 
        traumatic brain injury for the purposes of understanding the 
        etiology of traumatic brain injury and developing preventive 
        interventions and new treatments.
            (8) To develop programs and outreach strategies for families 
        of members of the Armed Forces with traumatic brain injury

[[Page 122 STAT. 454]]

        in order to mitigate the negative impacts of traumatic brain 
        injury on such family members and to support the recovery of 
        such members from traumatic brain injury.
            (9) To conduct research on the mental health needs of 
        families of members of the Armed Forces with traumatic brain 
        injury and develop protocols to address any needs identified 
        through such research.
            (10) To conduct longitudinal studies (using imaging 
        technology and other proven research methods) on members of the 
        Armed Forces with traumatic brain injury to identify early signs 
        of Alzheimer's disease, Parkinson's disease, or other 
        manifestations of neurodegeneration, as well as epilepsy, in 
        such members, in coordination with the studies authorized by 
        section 721 of the John Warner National Defense Authorization 
        Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294) 
        and other studies of the Department of Defense and the 
        Department of Veterans Affairs that address the connection 
        between exposure to combat and the development of Alzheimer's 
        disease, Parkinson's disease, and other neurodegenerative 
        disorders, as well as epilepsy.
            (11) To develop and oversee a long-term plan to increase the 
        number of mental health and neurological health professionals 
        within the Department in order to facilitate the meeting by the 
        Department of the needs of members of the Armed Forces with 
        traumatic brain injury until their transition to care and 
        treatment from the Department of Veterans Affairs.
            (12) To develop a program on comprehensive pain management, 
        including management of acute and chronic pain, to utilize 
        current and develop new treatments for pain, and to identify and 
        disseminate best practices on pain management related to 
        traumatic brain injury.
            (13) Such other responsibilities as the Secretary shall 
        specify.

SEC. 1622. <<NOTE: 10 USC 1071 note.>>  CENTER OF EXCELLENCE IN 
            PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND 
            REHABILITATION OF POST-TRAUMATIC STRESS DISORDER AND OTHER 
            MENTAL HEALTH CONDITIONS.

    (a) <<NOTE: Establishment.>>  In General.--The Secretary of Defense 
shall establish within the Department of Defense a center of excellence 
in the prevention, diagnosis, mitigation, treatment, and rehabilitation 
of post-traumatic stress disorder (PTSD) and other mental health 
conditions, including mild, moderate, and severe post-traumatic stress 
disorder and other mental health conditions, to carry out the 
responsibilities specified in subsection (c).

    (b) Partnerships.--The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the National Center 
on Post-Traumatic Stress Disorder of the Department of Veterans Affairs, 
institutions of higher education, and other appropriate public and 
private entities (including international entities) to carry out the 
responsibilities specified in subsection (c).
    (c) Responsibilities.--The center shall have responsibilities as 
follows:
            (1) To implement the comprehensive plan and strategy for the 
        Department of Defense, required by section 1618 of this Act, for 
        the prevention, diagnosis, mitigation, treatment, and 
        rehabilitation of post-traumatic stress disorder and other

[[Page 122 STAT. 455]]

        mental health conditions, including research on gender- and 
        ethnic group-specific health needs related to post-traumatic 
        stress disorder and other mental health conditions.
            (2) To provide for the development, testing, and 
        dissemination within the Department of best practices for the 
        treatment of post-traumatic stress disorder.
            (3) To provide guidance for the mental health system of the 
        Department in determining the mental health and neurological 
        health personnel required to provide quality mental health care 
        for members of the Armed Forces with post-traumatic stress 
        disorder and other mental health conditions.
            (4) To establish, implement, and oversee a comprehensive 
        program to train mental health and neurological health 
        professionals of the Department in the treatment of post-
        traumatic stress disorder and other mental health conditions.
            (5) To facilitate advancements in the study of the short-
        term and long-term psychological effects of post-traumatic 
        stress disorder and other mental health conditions.
            (6) To disseminate within the military medical treatment 
        facilities of the Department best practices for training mental 
        health professionals, including neurological health 
        professionals, with respect to post-traumatic stress disorder 
        and other mental health conditions.
            (7) To conduct basic science and translational research on 
        post-traumatic stress disorder for the purposes of understanding 
        the etiology of post-traumatic stress disorder and developing 
        preventive interventions and new treatments.
            (8) To develop programs and outreach strategies for families 
        of members of the Armed Forces with post-traumatic stress 
        disorder and other mental health conditions in order to mitigate 
        the negative impacts of post-traumatic stress disorder and other 
        mental health conditions on such family members and to support 
        the recovery of such members from post-traumatic stress disorder 
        and other mental health conditions.
            (9) To conduct research on the mental health needs of 
        families of members of the Armed Forces with post-traumatic 
        stress disorder and other mental health conditions and develop 
        protocols to address any needs identified through such research.
            (10) To develop and oversee a long-term plan to increase the 
        number of mental health and neurological health professionals 
        within the Department in order to facilitate the meeting by the 
        Department of the needs of members of the Armed Forces with 
        post-traumatic stress disorder and other mental health 
        conditions until their transition to care and treatment from the 
        Department of Veterans Affairs.

SEC. 1623. <<NOTE: 10 USC 1071 note.>>  CENTER OF EXCELLENCE IN 
            PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND 
            REHABILITATION OF MILITARY EYE INJURIES.

    (a) <<NOTE: Establishment.>>  In General.--The Secretary of Defense 
shall establish within the Department of Defense a center of excellence 
in the prevention, diagnosis, mitigation, treatment, and rehabilitation 
of military eye injuries to carry out the responsibilities specified in 
subsection (c).

    (b) Partnerships.--The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the Secretary of 
Veterans Affairs, institutions of higher education, and other

[[Page 122 STAT. 456]]

appropriate public and private entities (including international 
entities) to carry out the responsibilities specified in subsection (c).
    (c) Responsibilities.--
            (1) In general.--The center shall--
                    (A) implement a comprehensive plan and strategy for 
                the Department of Defense, as developed by the Secretary 
                of Defense, for a registry of information for the 
                tracking of the diagnosis, surgical intervention or 
                other operative procedure, other treatment, and follow 
                up for each case of significant eye injury incurred by a 
                member of the Armed Forces while serving on active duty;
                    (B) ensure the electronic exchange with the 
                Secretary of Veterans Affairs of information obtained 
                through tracking under subparagraph (A); and
                    (C) enable the Secretary of Veterans Affairs to 
                access the registry and add information pertaining to 
                additional treatments or surgical procedures and 
                eventual visual outcomes for veterans who were entered 
                into the registry and subsequently received treatment 
                through the Veterans Health Administration.
            (2) Designation of registry.--The registry under this 
        subsection shall be known as the ``Military Eye Injury 
        Registry'' (hereinafter referred to as the ``Registry'').
            (3) Consultation in development.--The center shall develop 
        the Registry in consultation with the ophthalmological 
        specialist personnel and optometric specialist personnel of the 
        Department of Defense and the ophthalmological specialist 
        personnel and optometric specialist personnel of the Department 
        of Veterans Affairs. The mechanisms and procedures of the 
        Registry shall reflect applicable expert research on military 
        and other eye injuries.
            (4) <<NOTE: Deadlines.>>  Mechanisms.--The mechanisms of the 
        Registry for tracking under paragraph (1)(A) shall ensure that 
        each military medical treatment facility or other medical 
        facility shall submit to the center for inclusion in the 
        Registry information on the diagnosis, surgical intervention or 
        other operative procedure, other treatment, and follow up for 
        each case of eye injury described in that paragraph as follows 
        (to the extent applicable):
                    (A) Not later than 30 days after surgery or other 
                operative intervention, including a surgery or other 
                operative intervention carried out as a result of a 
                follow-up examination.
                    (B) Not later than 180 days after the significant 
                eye injury is reported or recorded in the medical 
                record.
            (5) <<NOTE: Notification.>>  Coordination of care and 
        benefits.--(A) The center shall provide notice to the Blind 
        Rehabilitation Service of the Department of Veterans Affairs and 
        to the eye care services of the Veterans Health Administration 
        on each member of the Armed Forces described in subparagraph (B) 
        for purposes of ensuring the coordination of the provision of 
        ongoing eye care and visual rehabilitation benefits and services 
        by the Department of Veterans Affairs after the separation or 
        release of such member from the Armed Forces.
            (B) A member of the Armed Forces described in this 
        subparagraph is a member of the Armed Forces as follows:

[[Page 122 STAT. 457]]

                    (i) A member with a significant eye injury incurred 
                while serving on active duty, including a member with 
                visual dysfunction related to traumatic brain injury.
                    (ii) A member with an eye injury incurred while 
                serving on active duty who has a visual acuity of 20/200 
                or less in the injured eye.
                    (iii) A member with an eye injury incurred while 
                serving on active duty who has a loss of peripheral 
                vision resulting in 20 degrees or less of visual field 
                in the injured eye.

    (d) Utilization of Registry Information.--The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly ensure that 
information in the Registry is available to appropriate ophthalmological 
and optometric personnel of the Department of Defense and the Department 
of Veterans Affairs for purposes of encouraging and facilitating the 
conduct of research, and the development of best practices and clinical 
education, on eye injuries incurred by members of the Armed Forces in 
combat.
    (e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of 
Defense shall take appropriate actions to include in the Registry such 
records of members of the Armed Forces who incurred an eye injury while 
serving on active duty on or after September 11, 2001, but before the 
establishment of the Registry, as the Secretary considers appropriate 
for purposes of the Registry.
    (f) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In 
carrying out the program at Walter Reed Army Medical Center, District of 
Columbia, on traumatic brain injury post traumatic visual syndrome, the 
Secretary of Defense and the Department of Veterans Affairs shall 
jointly provide for the conduct of a cooperative program for members of 
the Armed Forces and veterans with traumatic brain injury by military 
medical treatment facilities of the Department of Defense and medical 
centers of the Department of Veterans Affairs selected for purposes of 
this subsection for purposes of vision screening, diagnosis, 
rehabilitative management, and vision research, including research on 
prevention, on visual dysfunction related to traumatic brain injury.

SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to Congress 
a report on--
            (1) the establishment of the center of excellence in 
        prevention, diagnosis, mitigation, treatment, and rehabilitation 
        of traumatic brain injury under section 1621;
            (2) the establishment of the center of excellence in 
        prevention, diagnosis, mitigation, treatment, and rehabilitation 
        of post-traumatic stress disorder and other mental health 
        conditions under section 1622; and
            (3) the establishment of the center of excellence in 
        prevention, diagnosis, mitigation, treatment, and rehabilitation 
        of military eye injuries under section 1623.

    (b) Matters Covered.--The report shall, for each such center--
            (1) describe in detail the activities and proposed 
        activities of such center; and
            (2) assess the progress of such center in discharging the 
        responsibilities of such center.

[[Page 122 STAT. 458]]

                     Subtitle C--Health Care Matters

SEC. 1631. <<NOTE: Effective dates. 10 USC 1071 note.>>  MEDICAL CARE 
            AND OTHER BENEFITS FOR MEMBERS AND FORMER MEMBERS OF THE 
            ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES.

    (a) Medical and Dental Care for Former Members.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act and subject to regulations prescribed by the 
        Secretary of Defense, the Secretary may authorize that any 
        former member of the Armed Forces with a serious injury or 
        illness may receive the same medical and dental care as a member 
        of the Armed Forces on active duty for medical and dental care 
        not reasonably available to such former member in the Department 
        of Veterans Affairs.
            (2) Sunset.--The Secretary of Defense may not provide 
        medical or dental care to a former member of the Armed Forces 
        under this subsection after December 31, 2012, if the Secretary 
        has not provided medical or dental care to the former member 
        under this subsection before that date.

    (b) Rehabilitation and Vocational Benefits.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act, a member of the Armed Forces with a severe injury 
        or illness is entitled to such benefits (including 
        rehabilitation and vocational benefits, but not including 
        compensation) from the Secretary of Veterans Affairs to 
        facilitate the recovery and rehabilitation of such member as the 
        Secretary otherwise provides to veterans of the Armed Forces 
        receiving medical care in medical facilities of the Department 
        of Veterans Affairs facilities in order to facilitate the 
        recovery and rehabilitation of such members.
            (2) Sunset.--The Secretary of Veterans Affairs may not 
        provide benefits to a member of the Armed Forces under this 
        subsection after December 31, 2012, if the Secretary has not 
        provided benefits to the member under this subsection before 
        that date.

SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH 
            COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY CARE, 
            SERVICES, AND SUPPLIES.

    (a) Travel.--Section 1074i of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Outreach Program and Travel Reimbursement for Follow-on 
Specialty Care and Related Services.--The Secretary concerned shall 
ensure that an outreach program is implemented for each member of the 
uniformed services who incurred a combat-related disability and is 
entitled to retired or retainer pay, or equivalent pay, so that--
            ``(1) the progress of the member is closely monitored; and
            ``(2) the member receives the travel reimbursement 
        authorized by subsection (a) whenever the member requires 
        follow-on specialty care, services, or supplies.''.

[[Page 122 STAT. 459]]

    (b) Combat-Related Disability Defined.--Subsection (c) of such 
section, as redesignated by subsection (a)(1), is amended by adding at 
the end the following new paragraph:
            ``(3) The term `combat-related disability' has the meaning 
        given that term in section 1413a of this title.''.

    (c) <<NOTE: Applicability. 10 USC 1074i note.>>  Effective Date.--
Subsection (b) of section 1074i of title 10, United States Code, as 
added by subsection (a)(2), shall apply with respect to travel described 
in subsection (a) of such section that occurs on or after January 1, 
2008, for follow-on specialty care, services, or supplies.

SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF 
            THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR ILLNESS 
            ON ACTIVE DUTY.

    (a) In General.--Section 1074(c) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(4)(A) Subject to such terms and conditions as the Secretary of 
Defense considers appropriate, coverage comparable to that provided by 
the Secretary under subsections (d) and (e) of section 1079 of this 
title shall be provided under this subsection to members of the 
uniformed services who incur a serious injury or illness on active duty 
as defined by regulations prescribed by the Secretary.
    ``(B) <<NOTE: Regulations.>>  The Secretary of Defense shall 
prescribe in regulations--
            ``(i) the individuals who shall be treated as the primary 
        caregivers of a member of the uniformed services for purposes of 
        this paragraph; and
            ``(ii) the definition of serious injury or illness for the 
        purposes of this paragraph.''.

    (b) <<NOTE: 10 USC 1074 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on January 1, 2008.

SEC. 1634. REPORTS.

    (a) Reports on Implementation of Certain Requirements.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees a report 
describing the progress in implementing the requirements as follows:
            (1) The requirements of section 721 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 120 Stat. 2294), relating to a longitudinal study 
        on traumatic brain injury incurred by members of the Armed 
        Forces in Operation Iraqi Freedom and Operation Enduring 
        Freedom.
            (2) The requirements of section 741 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (120 
        Stat. 2304), relating to pilot projects on early diagnosis and 
        treatment of post-traumatic stress disorder and other mental 
        health conditions.

    (b) Annual Reports on Expenditures for Activities on TBI and PTSD.--
            (1) Reports required.--Not later than March 1, 2008, and 
        each year thereafter through 2013, the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        setting forth the amounts expended by the Department of Defense 
        during the preceding calendar year on activities described in 
        paragraph (2), including the amount allocated during such 
        calendar year to the Defense and Veterans Brain Injury Center of 
        the Department.

[[Page 122 STAT. 460]]

            (2) Covered activities.--The activities described in this 
        paragraph are activities as follows:
                    (A) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with traumatic brain injury (TBI).
                    (B) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with post-traumatic stress disorder (PTSD).
            (3) Elements.--Each report under paragraph (1) shall 
        include--
                    (A) a description of the amounts expended as 
                described in that paragraph, including a description of 
                the activities for which expended;
                    (B) a description and assessment of the outcome of 
                such activities;
                    (C) a statement of priorities of the Department in 
                activities relating to the prevention, diagnosis, 
                research, treatment, and rehabilitation of traumatic 
                brain injury in members of the Armed Forces during the 
                year in which such report is submitted and in future 
                calendar years;
                    (D) a statement of priorities of the Department in 
                activities relating to the prevention, diagnosis, 
                research, treatment, and rehabilitation of post-
                traumatic stress disorder and other mental health 
                conditions in members of the Armed Forces during the 
                year in which such report is submitted and in future 
                calendar years; and
                    (E) an assessment of the progress made toward 
                achieving the priorities stated in subparagraphs (C) and 
                (D) in the report under paragraph (1) in the previous 
                year, and a description of any actions planned during 
                the year in which such report is submitted to achieve 
                any unfulfilled priorities during such year.

SEC. 1635. <<NOTE: 10 USC 1071 note.>>  FULLY INTEROPERABLE ELECTRONIC 
            PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE 
            AND DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly--
            (1) <<NOTE: Records.>>  develop and implement electronic 
        health record systems or capabilities that allow for full 
        interoperability of personal health care information between the 
        Department of Defense and the Department of Veterans Affairs; 
        and
            (2) accelerate the exchange of health care information 
        between the Department of Defense and the Department of Veterans 
        Affairs in order to support the delivery of health care by both 
        Departments.

    (b) <<NOTE: Establishment.>>  Department of Defense-Department of 
Veterans Affairs Interagency Program Office.--
            (1) In general.--There is hereby established an interagency 
        program office of the Department of Defense and the Department 
        of Veterans Affairs (in this section referred to as the 
        ``Office'') for the purposes described in paragraph (2).
            (2) Purposes.--The purposes of the Office shall be as 
        follows:
                    (A) To act as a single point of accountability for 
                the Department of Defense and the Department of Veterans 
                Affairs in the rapid development and implementation of

[[Page 122 STAT. 461]]

                electronic health record systems or capabilities that 
                allow for full interoperability of personal health care 
                information between the Department of Defense and the 
                Department of Veterans Affairs.
                    (B) To accelerate the exchange of health care 
                information between the Department of Defense and the 
                Department of Veterans Affairs in order to support the 
                delivery of health care by both Departments.

    (c) Leadership.--
            (1) Director.--The Director of the Office shall be the head 
        of the Office.
            (2) Deputy director.--The Deputy Director of the Office 
        shall be the deputy head of the Office and shall assist the 
        Director in carrying out the duties of the Director.
            (3) Appointments.--(A) The Director shall be appointed by 
        the Secretary of Defense, with the concurrence of the Secretary 
        of Veterans Affairs, from among persons who are qualified to 
        direct the development, acquisition, and integration of major 
        information technology capabilities.
            (B) The Deputy Director shall be appointed by the Secretary 
        of Veterans Affairs, with the concurrence of the Secretary of 
        Defense, from among employees of the Department of Defense and 
        the Department of Veterans Affairs in the Senior Executive 
        Service who are qualified to direct the development, 
        acquisition, and integration of major information technology 
        capabilities.
            (4) Additional guidance.--In addition to the direction, 
        supervision, and control provided by the Secretary of Defense 
        and the Secretary of Veterans Affairs, the Office shall also 
        receive guidance from the Department of Veterans Affairs-
        Department of Defense Joint Executive Committee under section 
        320 of title 38, United States Code, in the discharge of the 
        functions of the Office under this section.
            (5) Testimony.--Upon request by any of the appropriate 
        committees of Congress, the Director and the Deputy Director 
        shall testify before such committee regarding the discharge of 
        the functions of the Office under this section.

    (d) <<NOTE: Records. Deadline.>>  Function.--The function of the 
Office shall be to implement, by not later than September 30, 2009, 
electronic health record systems or capabilities that allow for full 
interoperability of personal health care information between the 
Department of Defense and the Department of Veterans Affairs, which 
health records shall comply with applicable interoperability standards, 
implementation specifications, and certification criteria (including for 
the reporting of quality measures) of the Federal Government.

    (e) <<NOTE: Deadline.>>  Schedules and Benchmarks.--Not later than 
30 days after the date of the enactment of this Act, the Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly establish a 
schedule and benchmarks for the discharge by the Office of its function 
under this section, including each of the following:
            (1) A schedule for the establishment of the Office.
            (2) A schedule and deadline for the establishment of the 
        requirements for electronic health record systems or 
        capabilities described in subsection (d), including coordination 
        with the Office of the National Coordinator for Health 
        Information Technology in the development of a nationwide 
        interoperable health information technology infrastructure.

[[Page 122 STAT. 462]]

            (3) A schedule and associated deadlines for any acquisition 
        and testing required in the implementation of electronic health 
        record systems or capabilities that allow for full 
        interoperability of personal health care information between the 
        Department of Defense and the Department of Veterans Affairs.
            (4) A schedule and associated deadlines and requirements for 
        the implementation of electronic health record systems or 
        capabilities that allow for full interoperability of personal 
        health care information between the Department of Defense and 
        the Department of Veterans Affairs.

    (f) Pilot Projects.--
            (1) Authority.--In order to assist the Office in the 
        discharge of its function under this section, the Secretary of 
        Defense and the Secretary of Veterans Affairs may, acting 
        jointly, carry out one or more pilot projects to assess the 
        feasibility and advisability of various technological approaches 
        to the achievement of the electronic health record systems or 
        capabilities described in subsection (d).
            (2) Sharing of protected health information.--For purposes 
        of each pilot project carried out under this subsection, the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        shall, for purposes of the regulations promulgated under section 
        264(c) of the Health Insurance Portability and Accountability 
        Act of 1996 (42 U.S.C. 1320d-2 note), ensure the effective 
        sharing of protected health information between the health care 
        system of the Department of Defense and the health care system 
        of the Department of Veterans Affairs as needed to provide all 
        health care services and other benefits allowed by law.

    (g) Staff and Other Resources.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall assign to the Office such personnel 
        and other resources of the Department of Defense and the 
        Department of Veterans Affairs as are required for the discharge 
        of its function under this section.
            (2) Additional services.--Subject to the approval of the 
        Secretary of Defense and the Secretary of Veterans Affairs, the 
        Director may utilize the services of private individuals and 
        entities as consultants to the Office in the discharge of its 
        function under this section. Amounts available to the Office 
        shall be available for payment for such services.

    (h) Annual Reports.--
            (1) In general.--Not later than January 1, 2009, and each 
        year thereafter through 2014, the Director shall submit to the 
        Secretary of Defense and the Secretary of Veterans Affairs, and 
        to the appropriate committees of Congress, a report on the 
        activities of the Office during the preceding calendar year. 
        Each report shall include, for the year covered by such report, 
        the following:
                    (A) A detailed description of the activities of the 
                Office, including a detailed description of the amounts 
                expended and the purposes for which expended.
                    (B) An assessment of the progress made by the 
                Department of Defense and the Department of Veterans 
                Affairs in the full implementation of electronic health 
                record systems or capabilities described in subsection 
                (d).

[[Page 122 STAT. 463]]

            (2) Availability to public.--The Secretary of Defense and 
        the Secretary of Veterans Affairs shall make available to the 
        public each report submitted under paragraph (1), including by 
        posting such report on the Internet website of the Department of 
        Defense and the Department of Veterans Affairs, respectively, 
        that is available to the public.

    (i) <<NOTE: Deadlines. Reports.>>  Comptroller General Assessment of 
Implementation.--Not later than six months after the date of the 
enactment of this Act and every six months thereafter until the 
completion of the implementation of electronic health record systems or 
capabilities described in subsection (d), the Comptroller General of the 
United States shall submit to the appropriate committees of Congress a 
report setting forth the assessment of the Comptroller General of the 
progress of the Department of Defense and the Department of Veterans 
Affairs in implementing electronic health record systems or capabilities 
described in subsection (d).

SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE 
            FOR HEALTH CARE PROFESSIONALS FOR CARE AND TREATMENT OF 
            WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 1599c of title 10, United States Code, is 
amended to read as follows:

``Sec. 1599c. Health care professionals: enhanced appointment and 
                        compensation authority for personnel for care 
                        and treatment of wounded and injured members of 
                        the armed forces

    ``(a) In General.--The Secretary of Defense may, at the discretion 
of the Secretary, exercise any authority for the appointment and pay of 
health care personnel under chapter 74 of title 38 for purposes of the 
recruitment, employment, and retention of civilian health care 
professionals for the Department of Defense if the Secretary determines 
that the exercise of such authority is necessary in order to provide or 
enhance the capacity of the Department to provide care and treatment for 
members of the armed forces who are wounded or injured on active duty in 
the armed forces and to support the ongoing patient care and medical 
readiness, education, and training requirements of the Department of 
Defense.
    ``(b) Recruitment of Personnel.--(1) The Secretaries of the military 
departments shall each develop and implement a strategy to disseminate 
among appropriate personnel of the military departments authorities and 
best practices for the recruitment of medical and health professionals, 
including the authorities under subsection (a).
    ``(2) Each strategy under paragraph (1) shall--
            ``(A) assess current recruitment policies, procedures, and 
        practices of the military department concerned to assure that 
        such strategy facilitates the implementation of efficiencies 
        which reduce the time required to fill vacant positions for 
        medical and health professionals; and
            ``(B) clearly identify processes and actions that will be 
        used to inform and educate military and civilian personnel 
        responsible for the recruitment of medical and health 
        professionals.

[[Page 122 STAT. 464]]

    ``(c) Termination of Authority.--The authority of the Secretary of 
Defense to exercise authorities available under chapter 74 of title 38 
for purposes of the recruitment, employment, and retention of civilian 
health care professionals for the Department of Defense expires 
September 30, 2010.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title is amended by striking the item relating to 
section 1599c and inserting the following new item:

``1599c. Health care professionals: enhanced appointment and 
           compensation authority for personnel for care and treatment 
           of wounded and injured members of the armed forces.''.

    (c) Reports on Strategies on Recruitment of Medical and Health 
Professionals.--Not later than six months after the date of the 
enactment of this Act, each Secretary of a military department shall 
submit to the congressional defense committees a report setting forth 
the strategy developed by such Secretary under section 1599c(b) of title 
10, United States Code, as added by subsection (a).

SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR MEMBERS OF 
            THE ARMED FORCES PENDING RESOLUTION OF SERVICE-RELATED 
            MEDICAL CONDITIONS.

     Section 1145(a) of title 10, United States Code, is amended--
            (1) in paragraph (3), by striking ``Transitional health 
        care'' and inserting ``Except as provided in paragraph (6), 
        transitional health care''; and
            (2) by adding at the end the following new paragraph:

    ``(6)(A) A member who has a medical condition relating to service on 
active duty that warrants further medical care that has been identified 
during the member's 180-day transition period, which condition can be 
resolved within 180 days as determined by a Department of Defense 
physician, shall be entitled to receive medical and dental care for that 
medical condition, and that medical condition only, as if the member 
were a member of the armed forces on active duty for 180 days following 
the diagnosis of the condition.
    ``(B) The Secretary concerned shall ensure that the Defense 
Enrollment and Eligibility Reporting System (DEERS) is continually 
updated in order to reflect the continuing entitlement of members 
covered by subparagraph (A) to the medical and dental care referred to 
in that subparagraph.''.

                     Subtitle D--Disability Matters

SEC. 1641. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN 
            ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR 
            RETIREMENT FOR DISABILITY.

    (a) Retirement of Regulars and Members on Active Duty for More Than 
30 Days.--Clause (i) of section 1201(b)(3)(B) of title 10, United States 
Code, is amended to read as follows:
                          ``(i) the member has six months or more of 
                      active military service and the disability was not 
                      noted at the time of the member's entrance on 
                      active duty (unless compelling evidence or medical 
                      judgment is

[[Page 122 STAT. 465]]

                      such to warrant a finding that the disability 
                      existed before the member's entrance on active 
                      duty);''.

    (b) Separation of Regulars and Members on Active Duty for More Than 
30 Days.--Section 1203(b)(4)(B) of such title is amended by striking 
``and the member has at least eight years of service computed under 
section 1208 of this title'' and inserting ``, the member has six months 
or more of active military service, and the disability was not noted at 
the time of the member's entrance on active duty (unless evidence or 
medical judgment is such to warrant a finding that the disability 
existed before the member's entrance on active duty)''.

SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF DEFENSE 
            DETERMINATIONS OF DISABILITY WITH RESPECT TO MEMBERS OF THE 
            ARMED FORCES.

    (a) In General.--Chapter 61 of title 10, United States Code, is 
amended by inserting after section 1216 the following new section:

``Sec. 1216a. Determinations of disability: requirements and limitations 
                        on determinations

    ``(a) Utilization of VA Schedule for Rating Disabilities in 
Determinations of Disability.--(1) In making a determination of 
disability of a member of the armed forces for purposes of this chapter, 
the Secretary concerned--
            ``(A) shall, to the extent feasible, utilize the schedule 
        for rating disabilities in use by the Department of Veterans 
        Affairs, including any applicable interpretation of the schedule 
        by the United States Court of Appeals for Veterans Claims; and
            ``(B) except as provided in paragraph (2), may not deviate 
        from the schedule or any such interpretation of the schedule.

    ``(2) In making a determination described in paragraph (1), the 
Secretary concerned may utilize in lieu of the schedule described in 
that paragraph such criteria as the Secretary of Defense and the 
Secretary of Veterans Affairs may jointly prescribe for purposes of this 
subsection if the utilization of such criteria will result in a 
determination of a greater percentage of disability than would be 
otherwise determined through the utilization of the schedule.
    ``(b) Consideration of All Medical Conditions.--In making a 
determination of the rating of disability of a member of the armed 
forces for purposes of this chapter, the Secretary concerned shall take 
into account all medical conditions, whether individually or 
collectively, that render the member unfit to perform the duties of the 
member's office, grade, rank, or rating.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 61 of such title is amended by inserting after the item relating 
to section 1216 the following new item:

``1216a. Determinations of disability: requirements and limitations on 
           determinations.''.

SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES SEPARATED 
            FROM SERVICE WITH A DISABILITY RATING OF 20 PERCENT DISABLED 
            OR LESS.

    (a) Board Required.--
            (1) In general.--Chapter 79 of title 10, United States Code, 
        is amended by inserting after section 1554 the following new 
        section:

[[Page 122 STAT. 466]]

``Sec. 1554a. Review of separation with disability rating of 20 percent 
                        disabled or less

    ``(a) <<NOTE: Establishment.>>  In General.--(1) The Secretary of 
Defense shall establish within the Office of the Secretary of Defense a 
board of review to review the disability determinations of covered 
individuals by Physical Evaluation Boards. The board shall be known as 
the `Physical Disability Board of Review'.

    ``(2) The Physical Disability Board of Review shall consist of not 
less than three members appointed by the Secretary.
    ``(b) Covered Individuals.--For purposes of this section, covered 
individuals are members and former members of the armed forces who, 
during the period beginning on September 11, 2001, and ending on 
December 31, 2009--
            ``(1) are separated from the armed forces due to unfitness 
        for duty due to a medical condition with a disability rating of 
        20 percent disabled or less; and
            ``(2) are found to be not eligible for retirement.

    ``(c) Review.--(1) Upon the request of a covered individual, or a 
surviving spouse, next of kin, or legal representative of a covered 
individual, the Physical Disability Board of Review shall review the 
findings and decisions of the Physical Evaluation Board with respect to 
such covered individual. Subject to paragraph (3), upon its own motion, 
the Physical Disability Board of Review may review the findings and 
decisions of the Physical Evaluation Board with respect to a covered 
individual.
    ``(2) The review by the Physical Disability Board of Review under 
paragraph (1) shall be based on the records of the armed force concerned 
and such other evidence as may be presented to the Physical Disability 
Board of Review. A witness may present evidence to the Board by 
affidavit or by any other means considered acceptable by the Secretary 
of Defense.
    ``(3) <<NOTE: Notification.>>  If the Physical Disability Board of 
Review proposes to review, upon its own motion, the findings and 
decisions of the Physical Evaluation Board with respect to a covered 
individual, the Physical Disability Board of Review shall notify the 
covered individual, or a surviving spouse, next of kin, or legal 
representative of the covered individual, of the proposed review and 
obtain the consent of the covered individual or a surviving spouse, next 
of kin, or legal representative of the covered individual before 
proceeding with the review.

    ``(4) <<NOTE: Notification.>>  With respect to any review by the 
Physical Disability Board of Review of the findings and decisions of the 
Physical Evaluation Board with respect to a covered individual, whether 
initiated at the request of the covered individual or a surviving 
spouse, next of kin, or legal representative of the covered individual 
or initiated by the Physical Disability Board of Review, the Physical 
Disability Board of Review shall notify the covered individual or a 
surviving spouse, next of kin, or legal representative of the covered 
individual that, as a result of the request or consent, the covered 
individual or a surviving spouse, next of kin, or legal representative 
of the covered individual may not seek relief from the Board for 
Correction of Military Records operated by the Secretary concerned.

    ``(d) Authorized Recommendations.--The Physical Disability Board of 
Review may, as a result of its findings under a review under subsection 
(c), recommend to the Secretary concerned the following (as applicable) 
with respect to a covered individual:

[[Page 122 STAT. 467]]

            ``(1) No recharacterization of the separation of such 
        individual or modification of the disability rating previously 
        assigned such individual.
            ``(2) The recharacterization of the separation of such 
        individual to retirement for disability.
            ``(3) The modification of the disability rating previously 
        assigned such individual by the Physical Evaluation Board 
        concerned, which modified disability rating may not be a 
        reduction of the disability rating previously assigned such 
        individual by that Physical Evaluation Board.
            ``(4) The issuance of a new disability rating for such 
        individual.

    ``(e) Correction of Military Records.--(1) The Secretary concerned 
may correct the military records of a covered individual in accordance 
with a recommendation made by the Physical Disability Board of Review 
under subsection (d). Any such correction may be made effective as of 
the effective date of the action taken on the report of the Physical 
Evaluation Board to which such recommendation relates.
    ``(2) In the case of a member previously separated pursuant to the 
findings and decision of a Physical Evaluation Board together with a 
lump-sum or other payment of back pay and allowances at separation, the 
amount of pay or other monetary benefits to which such member would be 
entitled based on the member's military record as corrected shall be 
reduced to take into account receipt of such lump-sum or other payment 
in such manner as the Secretary of Defense considers appropriate.
    ``(3) If the Physical Disability Board of Review makes a 
recommendation not to correct the military records of a covered 
individual, the action taken on the report of the Physical Evaluation 
Board to which such recommendation relates shall be treated as final as 
of the date of such action.
    ``(f) Regulations.--(1) This section shall be carried out in 
accordance with regulations prescribed by the Secretary of Defense.
    ``(2) The regulations under paragraph (1) shall specify reasonable 
deadlines for the performance of reviews required by this section.
    ``(3) The regulations under paragraph (1) shall specify the effect 
of a determination or pending determination of a Physical Evaluation 
Board on considerations by boards for correction of military records 
under section 1552 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 79 of such title is amended by inserting 
        after the item relating to section 1554 the following new item:

``1554a. Review of separation with disability rating of 20 percent 
           disabled or less.''.

    (b) <<NOTE: Deadline. 10 USC 1554a note.>>  Implementation.--The 
Secretary of Defense shall establish the board of review required by 
section 1554a of title 10, United States Code (as added by subsection 
(a)), and prescribe the regulations required by such section, not later 
than 90 days after the date of the enactment of this Act.

SEC. 1644. <<NOTE: 10 USC 1071 note.>>  AUTHORIZATION OF PILOT PROGRAMS 
            TO IMPROVE THE DISABILITY EVALUATION SYSTEM FOR MEMBERS OF 
            THE ARMED FORCES.

    (a) Pilot Programs.--

[[Page 122 STAT. 468]]

            (1) Programs authorized.--For the purposes set forth in 
        subsection (c), the Secretary of Defense may establish and 
        conduct pilot programs with respect to the system of the 
        Department of Defense for the evaluation of the disabilities of 
        members of the Armed Forces who are being separated or retired 
        from the Armed Forces for disability under chapter 61 of title 
        10, United States Code (in this section referred to as the 
        ``disability evaluation system'').
            (2) Types of pilot programs.--In carrying out this section, 
        the Secretary of Defense may conduct one or more of the pilot 
        programs described in paragraphs (1) through (3) of subsection 
        (b) or such other pilot programs as the Secretary of Defense 
        considers appropriate.
            (3) Consultation.--In establishing and conducting any pilot 
        program under this section, the Secretary of Defense shall 
        consult with the Secretary of Veterans Affairs.

    (b) Scope of Pilot Programs.--
            (1) Disability determinations by dod utilizing va assigned 
        disability rating.--Under one of the pilot programs authorized 
        by subsection (a), for purposes of making a determination of 
        disability of a member of the Armed Forces under section 1201(b) 
        of title 10, United States Code, for the retirement, separation, 
        or placement of the member on the temporary disability retired 
        list under chapter 61 of such title, upon a determination by the 
        Secretary of the military department concerned that the member 
        is unfit to perform the duties of the member's office, grade, 
        rank, or rating because of a physical disability as described in 
        section 1201(a) of such title--
                    (A) the Secretary of Veterans Affairs may--
                          (i) conduct an evaluation of the member for 
                      physical disability; and
                          (ii) assign the member a rating of disability 
                      in accordance with the schedule for rating 
                      disabilities utilized by the Secretary of Veterans 
                      Affairs based on all medical conditions (whether 
                      individually or collectively) that render the 
                      member unfit for duty; and
                    (B) the Secretary of the military department 
                concerned may make the determination of disability 
                regarding the member utilizing the rating of disability 
                assigned under subparagraph (A)(ii).
            (2) Disability determinations utilizing joint dod/va 
        assigned disability rating.--Under one of the pilot programs 
        authorized by subsection (a), in making a determination of 
        disability of a member of the Armed Forces under section 1201(b) 
        of title 10, United States Code, for the retirement, separation, 
        or placement of the member on the temporary disability retired 
        list under chapter 61 of such title, the Secretary of the 
        military department concerned may, upon determining that the 
        member is unfit to perform the duties of the member's office, 
        grade, rank, or rating because of a physical disability as 
        described in section 1201(a) of such title--
                    (A) provide for the joint evaluation of the member 
                for disability by the Secretary of the military 
                department concerned and the Secretary of Veterans 
                Affairs, including the assignment of a rating of 
                disability for the member

[[Page 122 STAT. 469]]

                in accordance with the schedule for rating disabilities 
                utilized by the Secretary of Veterans Affairs based on 
                all medical conditions (whether individually or 
                collectively) that render the member unfit for duty; and
                    (B) make the determination of disability regarding 
                the member utilizing the rating of disability assigned 
                under subparagraph (A).
            (3) Electronic clearing house.--Under one of the pilot 
        programs authorized by subsection (a), the Secretary of Defense 
        may establish and operate a single Internet website for the 
        disability evaluation system of the Department of Defense that 
        enables participating members of the Armed Forces to fully 
        utilize such system through the Internet, with such Internet 
        website to include the following:
                    (A) The availability of any forms required for the 
                utilization of the disability evaluation system by 
                members of the Armed Forces under the system.
                    (B) Secure mechanisms for the submission of such 
                forms by members of the Armed Forces under the system, 
                and for the tracking of the acceptance and review of any 
                forms so submitted.
                    (C) Secure mechanisms for advising members of the 
                Armed Forces under the system of any additional 
                information, forms, or other items that are required for 
                the acceptance and review of any forms so submitted.
                    (D) The continuous availability of assistance to 
                members of the Armed Forces under the system (including 
                assistance through the caseworkers assigned to such 
                members of the Armed Forces) in submitting and tracking 
                such forms, including assistance in obtaining 
                information, forms, or other items described by 
                subparagraph (C).
                    (E) Secure mechanisms to request and receive 
                personnel files or other personnel records of members of 
                the Armed Forces under the system that are required for 
                submission under the disability evaluation system, 
                including the capability to track requests for such 
                files or records and to determine the status of such 
                requests and of responses to such requests.
            (4) Other pilot programs.--The pilot programs authorized by 
        subsection (a) may also provide for the development, evaluation, 
        and identification of such practices and procedures under the 
        disability evaluation system as the Secretary considers 
        appropriate for purposes set forth in subsection (c).

    (c) Purposes.--A pilot program established under subsection (a) may 
have one or more of the following purposes:
            (1) To provide for the development, evaluation, and 
        identification of revised and improved practices and procedures 
        under the disability evaluation system in order to--
                    (A) reduce the processing time under the disability 
                evaluation system of members of the Armed Forces who are 
                likely to be retired or separated for disability, and 
                who have not requested continuation on active duty, 
                including, in particular, members who are severely 
                wounded;
                    (B) identify and implement or seek the modification 
                of statutory or administrative policies and requirements 
                applicable to the disability evaluation system that--

[[Page 122 STAT. 470]]

                          (i) are unnecessary or contrary to applicable 
                      best practices of civilian employers and civilian 
                      healthcare systems; or
                          (ii) otherwise result in hardship, arbitrary, 
                      or inconsistent outcomes for members of the Armed 
                      Forces, or unwarranted inefficiencies and delays;
                    (C) eliminate material variations in policies, 
                interpretations, and overall performance standards among 
                the military departments under the disability evaluation 
                system; and
                    (D) determine whether it enhances the capability of 
                the Department of Veterans Affairs to receive and 
                determine claims from members of the Armed Forces for 
                compensation, pension, hospitalization, or other 
                veterans benefits.
            (2) In conjunction with the findings and recommendations of 
        applicable Presidential and Department of Defense study groups, 
        to provide for the eventual development of revised and improved 
        practices and procedures for the disability evaluation system in 
        order to achieve the objectives set forth in paragraph (1).

    (d) Utilization of Results in Updates of Comprehensive Policy on 
Care, Management, and Transition of Recovering Service Members.--The 
Secretary of Defense and the Secretary of Veterans Affairs, acting 
jointly, may incorporate responses to any findings and recommendations 
arising under the pilot programs conducted under subsection (a) in 
updating the comprehensive policy on the care and management of covered 
service members under section 1611(a)(4).
    (e) Construction With Other Authorities.--
            (1) In general.--Subject to paragraph (2), in carrying out a 
        pilot program under subsection (a)--
                    (A) the rules and regulations of the Department of 
                Defense and the Department of Veterans Affairs relating 
                to methods of determining fitness or unfitness for duty 
                and disability ratings for members of the Armed Forces 
                shall apply to the pilot program only to the extent 
                provided in the report on the pilot program under 
                subsection (g)(1); and
                    (B) the Secretary of Defense and the Secretary of 
                Veterans Affairs may waive any provision of title 10, 
                37, or 38, United States Code, relating to methods of 
                determining fitness or unfitness for duty and disability 
                ratings for members of the Armed Forces if the 
                Secretaries determine in writing that the application of 
                such provision would be inconsistent with the purpose of 
                the pilot program.
            (2) Limitation.--Nothing in paragraph (1) shall be construed 
        to authorize the waiver of any provision of section 1216a of 
        title 10, United States Code, as added by section 1642 of this 
        Act.

    (f) Duration.--Each pilot program conducted under subsection (a) 
shall be completed not later than one year after the date of the 
commencement of such pilot program under that subsection.
    (g) Reports.--
            (1) Initial report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the appropriate committees of Congress a report

[[Page 122 STAT. 471]]

        on each pilot program that has been commenced as of that date 
        under subsection (a). The report shall include--
                    (A) a description of the scope and objectives of the 
                pilot program;
                    (B) a description of the methodology to be used 
                under the pilot program to ensure rapid identification 
                under such pilot program of revised or improved 
                practices under the disability evaluation system in 
                order to achieve the objectives set forth in subsection 
                (c)(1); and
                    (C) a statement of any provision described in 
                subsection (e)(1)(B) that will not apply to the pilot 
                program by reason of a waiver under that subsection.
            (2) Interim report.--Not later than 180 days after the date 
        of the submittal of the report required by paragraph (1) with 
        respect to a pilot program, the Secretary shall submit to the 
        appropriate committees of Congress a report describing the 
        current status of the pilot program.
            (3) Final report.--Not later than 90 days after the 
        completion of all of the pilot programs conducted under 
        subsection (a), the Secretary shall submit to the appropriate 
        committees of Congress a report setting forth a final evaluation 
        and assessment of the pilot programs. The report shall include 
        such recommendations for legislative or administrative action as 
        the Secretary considers appropriate in light of such pilot 
        programs.

SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN 
            THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.

    (a) Reports Required.--Not later than June 1, 2008, and June 1, 
2009, the Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of corrective measures by the 
Department of Defense with respect to the Physical Disability Evaluation 
System (PDES) in response to the following:
            (1) The report of the Inspector General of the Army on that 
        system of March 6, 2007.
            (2) The report of the Independent Review Group on 
        Rehabilitation Care and Administrative Processes at Walter Reed 
        Army Medical Center and National Naval Medical Center.
            (3) The report of the Department of Veterans Affairs Task 
        Force on Returning Global War on Terror Heroes.

    (b) Elements of Report.--Each report under subsection (a) shall 
include current information on the following:
            (1) The total number of cases, and the number of cases 
        involving combat disabled service members, pending resolution 
        before the Medical and Physical Disability Evaluation Boards of 
        the Army, including information on the number of members of the 
        Army who have been in a medical hold or holdover status for more 
        than each of 100, 200, and 300 days.
            (2) The status of the implementation of modifications to 
        disability evaluation processes of the Department of Defense in 
        response to the following:
                    (A) The report of the Inspector General on such 
                processes dated March 6, 2007.
                    (B) The report of the Independent Review Group on 
                Rehabilitation Care and Administrative Processes at

[[Page 122 STAT. 472]]

                Walter Reed Army Medical Center and National Naval 
                Medical Center.
                    (C) The report of the Department of Veterans Affairs 
                Task Force on Returning Global War on Terror Heroes.

    (c) <<NOTE: Deadline. Report. Public information.>>  Posting on 
Internet.--Not later than 24 hours after submitting a report under 
subsection (a), the Secretary shall post such report on the Internet 
website of the Department of Defense that is available to the public.

SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE 
            ARMED FORCES.

    (a) In General.--Section 1212 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``his years of 
        service, but not more than 12, computed under section 1208 of 
        this title'' in the matter preceding subparagraph (A) and 
        inserting ``the member's years of service computed under section 
        1208 of this title (subject to the minimum and maximum years of 
        service provided for in subsection (c))'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c)(1) The minimum years of service of a member for purposes of 
subsection (a)(1) shall be as follows:
            ``(A) Six years in the case of a member separated from the 
        armed forces for a disability incurred in line of duty in a 
        combat zone (as designated by the Secretary of Defense for 
        purposes of this subsection) or incurred during the performance 
        of duty in combat-related operations as designated by the 
        Secretary of Defense.
            ``(B) Three years in the case of any other member.

    ``(2) The maximum years of service of a member for purposes of 
subsection (a)(1) shall be 19 years.''.
    (b) No Deduction From Compensation of Severance Pay for Disabilities 
Incurred in Combat Zones.--Subsection (d) of such section, as 
redesignated by subsection (a)(2) of this section, is further amended--
            (1) by inserting ``(1)'' after ``(d)'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following new paragraphs:

    ``(2) No deduction may be made under paragraph (1) in the case of 
disability severance pay received by a member for a disability incurred 
in line of duty in a combat zone or incurred during performance of duty 
in combat-related operations as designated by the Secretary of Defense.
    ``(3) No deduction may be made under paragraph (1) from any death 
compensation to which a member's dependents become entitled after the 
member's death.''.
    (c) <<NOTE: 10 USC 1212 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act, and shall apply with respect to members of the Armed Forces 
separated from the Armed Forces under chapter 61 of title 10, United 
States Code, on or after that date.

[[Page 122 STAT. 473]]

SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE OF 
            TEMPORARY DISABILITY RETIRED LIST.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report containing--
            (1) a statistical history since January 1, 2000, of the 
        numbers of members of the Armed Forces who are returned to duty 
        or separated following a tenure on the temporary disability 
        retired list and, in the case of members who were separated, how 
        many of the members were granted disability separation or 
        retirement and what were their disability ratings;
            (2) the results of the assessments required by subsection 
        (b); and
            (3) such recommendations for the modification or improvement 
        of the temporary disability retired list as the Secretary 
        considers appropriate in response to the assessments.

    (b) Required Assessments.--The assessments required to be conducted 
as part of the report under subsection (a) are the following:
            (1) An assessment of the continuing utility of the temporary 
        disability retired list in satisfying the purposes for which the 
        temporary disability retired list was established.
            (2) An assessment of the need to require that the condition 
        of a member be permanent and stable before the member is 
        separated with less than a 30 percent disability rating prior to 
        exceeding the maximum tenure allowed on the temporary disability 
        retired list.
            (3) An assessment of the future role of the temporary 
        disability retired list in the Disability Evaluation System of 
        the Department of Defense and the changes in policy and law 
        required to fulfill the future role of the temporary disability 
        retire list.

SEC. 1648. <<NOTE: 10 USC 1071 note.>>  STANDARDS FOR MILITARY MEDICAL 
            TREATMENT FACILITIES, SPECIALTY MEDICAL CARE FACILITIES, AND 
            MILITARY QUARTERS HOUSING PATIENTS AND ANNUAL REPORT ON SUCH 
            FACILITIES.

    (a) Establishment of Standards.--The Secretary of Defense shall 
establish for the military facilities of the Department of Defense and 
the military departments referred to in subsection (b) standards with 
respect to the matters set forth in subsection (c). To the maximum 
extent practicable, the standards shall--
            (1) be uniform and consistent for all such facilities; and
            (2) be uniform and consistent throughout the Department of 
        Defense and the military departments.

    (b) Covered Military Facilities.--The military facilities covered by 
this section are the following:
            (1) Military medical treatment facilities.
            (2) Specialty medical care facilities.
            (3) Military quarters or leased housing for patients.

    (c) Scope of Standards.--The standards required by subsection (a) 
shall include the following:
            (1) Generally accepted standards for the accreditation of 
        medical facilities, or for facilities used to quarter 
        individuals that may require medical supervision, as applicable, 
        in the United States.

[[Page 122 STAT. 474]]

            (2) To the extent not inconsistent with the standards 
        described in paragraph (1), minimally acceptable conditions for 
        the following:
                    (A) Appearance and maintenance of facilities 
                generally, including the structure and roofs of 
                facilities.
                    (B) Size, appearance, and maintenance of rooms 
                housing or utilized by patients, including furniture and 
                amenities in such rooms.
                    (C) Operation and maintenance of primary and back-up 
                facility utility systems and other systems required for 
                patient care, including electrical systems, plumbing 
                systems, heating, ventilation, and air conditioning 
                systems, communications systems, fire protection 
                systems, energy management systems, and other systems 
                required for patient care.
                    (D) Compliance of facilities, rooms, and grounds, to 
                the maximum extent practicable, with the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
                    (E) Such other matters relating to the appearance, 
                size, operation, and maintenance of facilities and rooms 
                as the Secretary considers appropriate.

    (d) Compliance With Standards.--
            (1) Deadline.--In establishing standards under subsection 
        (a), the Secretary shall specify a deadline for compliance with 
        such standards by each facility referred to in subsection (b). 
        The deadline shall be at the earliest date practicable after the 
        date of the enactment of this Act, and shall, to the maximum 
        extent practicable, be uniform across the facilities referred to 
        in subsection (b).
            (2) <<NOTE: Guidelines.>>  Investment.--In carrying out this 
        section, the Secretary shall also establish guidelines for 
        investment to be utilized by the Department of Defense and the 
        military departments in determining the allocation of financial 
        resources to facilities referred to in subsection (b) in order 
        to meet the deadline specified under paragraph (1).

    (e) Report on Development and Implementation of Standards.--
            (1) In general.--Not later than March 1, 2008, the Secretary 
        shall submit to the congressional defense committees a report on 
        the actions taken to carry out subsection (a).
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) The standards established under subsection (a).
                    (B) An assessment of the appearance, condition, and 
                maintenance of each facility referred to in subsection 
                (b), including--
                          (i) an assessment of the compliance of the 
                      facility with the standards established under 
                      subsection (a); and
                          (ii) a description of any deficiency or 
                      noncompliance in each facility with the standards.
                    (C) A description of the investment to be allocated 
                to address each deficiency or noncompliance identified 
                under subparagraph (B)(ii).

    (f) Annual Report.--Not later than the date on which the President 
submits the budget for a fiscal year to Congress pursuant to section 
1105 of title 31, United States Code, the Secretary shall

[[Page 122 STAT. 475]]

submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the adequacy, suitability, and quality of 
each facility referred to in subsection (b). The Secretary shall include 
in each report information regarding--
            (1) any deficiencies in the adequacy, quality, or state of 
        repair of medical-related support facilities raised as a result 
        of information received during the period covered by the report 
        through the toll-free hot line required by section 1616; and
            (2) the investigations conducted and plans of action 
        prepared under such section to respond to such deficiencies.

SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO 
            DEFICIENCIES IDENTIFIED AT WALTER REED ARMY MEDICAL CENTER, 
            DISTRICT OF COLUMBIA.

    Not later than 30 days after the date of the enactment of this Act, 
and every 180 days thereafter until March 1, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the implementation of the Army Medical Action Plan to correct 
deficiencies identified in the condition of facilities and patient 
administration.

SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER 
            REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.

    (a) Certifications.--In implementing the decision to close Walter 
Reed Army Medical Center, District of Columbia, required as a result of 
the 2005 round of defense base closure and realignment under the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public 
Law 101-510; U.S.C. 2687 note), the Secretary of Defense shall submit to 
the congressional defense committees a certification of each of the 
following:
            (1) That a transition plan has been developed, and resources 
        have been committed, to ensure that patient care services, 
        medical operations, and facilities are sustained at the highest 
        possible level at Walter Reed Army Medical Center until 
        facilities to replace Walter Reed Army Medical Center are 
        staffed and ready to assume at least the same level of care 
        previously provided at Walter Reed Army Medical Center.
            (2) That the closure of Walter Reed Army Medical Center will 
        not result in a net loss of capacity in the major medical 
        centers in the National Capitol Region in terms of total bed 
        capacity or staffed bed capacity.
            (3) That the capacity of medical hold and out-patient 
        lodging facilities operating at Walter Reed Army Medical Center 
        as of the date of the certification will be available in 
        sufficient quantities at the facilities designated to replace 
        Walter Reed Army Medical Center by the date of the closure of 
        Walter Reed Army Medical Center.

    (b) Time for Submittal.--The Secretary shall submit the 
certifications required by subsection (a) not later than 90 days after 
the date of the enactment of this Act. <<NOTE: Notification.>>  If the 
Secretary is unable to make one or more of the certifications by the end 
of the 90-day period, the Secretary shall notify the congressional 
defense committees of the delay and the reasons for the delay.

[[Page 122 STAT. 476]]

SEC. 1651. <<NOTE: 10 USC 1071 note.>>  HANDBOOK FOR MEMBERS OF THE 
            ARMED FORCES ON COMPENSATION AND BENEFITS AVAILABLE FOR 
            SERIOUS INJURIES AND ILLNESSES.

    (a) <<NOTE: Deadline.>>  Information on Available Compensation and 
Benefits.--Not later than October 1, 2008, the Secretary of Defense 
shall develop and maintain, in handbook and electronic form, a 
comprehensive description of the compensation and other benefits to 
which a member of the Armed Forces, and the family of such member, would 
be entitled upon the separation or retirement of the member from the 
Armed Forces as a result of a serious injury or illness. The handbook 
shall set forth the range of such compensation and benefits based on 
grade, length of service, degree of disability at separation or 
retirement, and such other factors affecting such compensation and 
benefits as the Secretary considers appropriate.

    (b) Consultation.--The Secretary of Defense shall develop and 
maintain the comprehensive description required by subsection (a), 
including the handbook and electronic form of the description, in 
consultation with the Secretary of Veterans Affairs, the Secretary of 
Health and Human Services, and the Commissioner of Social Security.
    (c) Update.--The Secretary of Defense shall update the comprehensive 
description required by subsection (a), including the handbook and 
electronic form of the description, on a periodic basis, but not less 
often than annually.
    (d) Provision to Members.--The Secretary of the military department 
concerned shall provide the descriptive handbook under subsection (a) to 
each member of the Armed Forces described in that subsection as soon as 
practicable following the injury or illness qualifying the member for 
coverage under such subsection.
    (e) Provision to Representatives.--If a member is incapacitated or 
otherwise unable to receive the descriptive handbook to be provided 
under subsection (a), the handbook shall be provided to the next of kin 
or a legal representative of the member, as determined in accordance 
with regulations prescribed by the Secretary of the military department 
concerned for purposes of this section.

                     Subtitle E--Studies and Reports

SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER READJUSTMENT 
            NEEDS OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES WHO 
            DEPLOYED IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING 
            FREEDOM AND THEIR FAMILIES.

    (a) <<NOTE: Contracts.>>  Study Required.--The Secretary of Defense 
shall, in consultation with the Secretary of Veterans Affairs, enter 
into an agreement with the National Academy of Sciences for a study on 
the physical and mental health and other readjustment needs of members 
and former members of the Armed Forces who deployed in Operation Iraqi 
Freedom or Operation Enduring Freedom and their families as a result of 
such deployment.

    (b) Phases.--The study required under subsection (a) shall consist 
of two phases:
            (1) A preliminary phase, to be completed not later than one 
        year after the date of the enactment of this Act--

[[Page 122 STAT. 477]]

                    (A) to identify preliminary findings on the physical 
                and mental health and other readjustment needs described 
                in subsection (a) and on gaps in care for the members, 
                former members, and families described in that 
                subsection; and
                    (B) to determine the parameters of the second phase 
                of the study under paragraph (2).
            (2) A second phase, to be completed not later than three 
        years after the date of the enactment of this Act, to carry out 
        a comprehensive assessment, in accordance with the parameters 
        identified under the preliminary report required by paragraph 
        (1), of the physical and mental health and other readjustment 
        needs of members and former members of the Armed Forces who 
        deployed in Operation Iraqi Freedom or Operation Enduring 
        Freedom and their families as a result of such deployment, 
        including, at a minimum--
                    (A) an assessment of the psychological, social, and 
                economic impacts of such deployment on such members and 
                former members and their families;
                    (B) an assessment of the particular impacts of 
                multiple deployments in Operation Iraqi Freedom or 
                Operation Enduring Freedom on such members and former 
                members and their families;
                    (C) an assessment of the full scope of the 
                neurological, psychiatric, and psychological effects of 
                traumatic brain injury on members and former members of 
                the Armed Forces, including the effects of such effects 
                on the family members of such members and former 
                members, and an assessment of the efficacy of current 
                treatment approaches for traumatic brain injury in the 
                United States and the efficacy of screenings and 
                treatment approaches for traumatic brain injury within 
                the Department of Defense and the Department of Veterans 
                Affairs;
                    (D) an assessment of the effects of undiagnosed 
                injuries such as post-traumatic stress disorder and 
                traumatic brain injury, an estimate of the long-term 
                costs associated with such injuries, and an assessment 
                of the efficacy of screenings and treatment approaches 
                for post-traumatic stress disorder and other mental 
                health conditions within the Department of Defense and 
                Department of Veterans Affairs;
                    (E) an assessment of the gender- and ethnic group-
                specific needs and concerns of members of the Armed 
                Forces and veterans;
                    (F) an assessment of the particular needs and 
                concerns of children of members of the Armed Forces, 
                taking into account differing age groups, impacts on 
                development and education, and the mental and emotional 
                well being of children;
                    (G) an assessment of the particular educational and 
                vocational needs of such members and former members and 
                their families, and an assessment of the efficacy of 
                existing educational and vocational programs to address 
                such needs;
                    (H) an assessment of the impacts on communities with 
                high populations of military families, including 
                military

[[Page 122 STAT. 478]]

                housing communities and townships with deployed members 
                of the National Guard and Reserve, of deployments 
                associated with Operation Iraqi Freedom and Operation 
                Enduring Freedom, and an assessment of the efficacy of 
                programs that address community outreach and education 
                concerning military deployments of community residents;
                    (I) an assessment of the impacts of increasing 
                numbers of older and married members of the Armed Forces 
                on readjustment requirements;
                    (J) the development, based on such assessments, of 
                recommendations for programs, treatments, or policy 
                remedies targeted at preventing, minimizing, or 
                addressing the impacts, gaps, and needs identified; and
                    (K) the development, based on such assessments, of 
                recommendations for additional research on such needs.

    (c) Populations To Be Studied.--The study required under subsection 
(a) shall consider the readjustment needs of each population of 
individuals as follows:
            (1) Members of the regular components of the Armed Forces 
        who are returning, or have returned, to the United States from 
        deployment in Operation Iraqi Freedom or Operation Enduring 
        Freedom.
            (2) Members of the National Guard and Reserve who are 
        returning, or have returned, to the United States from 
        deployment in Operation Iraqi Freedom or Operation Enduring 
        Freedom.
            (3) Veterans of Operation Iraqi Freedom or Operation 
        Enduring Freedom.
            (4) Family members of the members and veterans described in 
        paragraphs (1) through (3).

    (d) Access to Information.--The National Academy of Sciences shall 
have access to such personnel, information, records, and systems of the 
Department of Defense and the Department of Veterans Affairs as the 
National Academy of Sciences requires in order to carry out the study 
required under subsection (a).
    (e) Privacy of Information.--The National Academy of Sciences shall 
maintain any personally identifiable information accessed by the Academy 
in carrying out the study required under subsection (a) in accordance 
with all applicable laws, protections, and best practices regarding the 
privacy of such information, and may not permit access to such 
information by any persons or entities not engaged in work under the 
study.
    (f) Reports by National Academy of Sciences.--Upon the completion of 
each phase of the study required under subsection (a), the National 
Academy of Sciences shall submit to the Secretary of Defense, the 
Secretary of Veterans Affairs, and the congressional defense committees 
a report on such phase of the study.
    (g) DoD and VA Response to NAS Reports.--Not later than 90 days 
after the receipt of a report under subsection (f) on each phase of the 
study required under subsection (a), the Secretary of Defense and the 
Secretary of Veterans Affairs shall develop a final joint Department of 
Defense-Department of Veterans Affairs response to the findings and 
recommendations of the National Academy of Sciences contained in such 
report.

[[Page 122 STAT. 479]]

SEC. 1662. <<NOTE: 10 USC 1071 note.>>  ACCESS OF RECOVERING SERVICE 
            MEMBERS TO ADEQUATE OUTPATIENT RESIDENTIAL FACILITIES.

    (a) Required Inspections of Facilities.--All quarters of the United 
States and housing facilities under the jurisdiction of the Armed Forces 
that are occupied by recovering service members shall be inspected on a 
semiannual basis for the first two years after the enactment of this Act 
and annually thereafter by the inspectors general of the regional 
medical commands.
    (b) Inspector General Reports.--The inspector general for each 
regional medical command shall--
            (1) submit a report on each inspection of a facility 
        conducted under subsection (a) to the post commander at such 
        facility, the commanding officer of the hospital affiliated with 
        such facility, the surgeon general of the military department 
        that operates such hospital, the Secretary of the military 
        department concerned, the Assistant Secretary of Defense for 
        Health Affairs, and the congressional defense committees; and
            (2) <<NOTE: Website.>>  post each such report on the 
        Internet website of such regional medical command.

SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF 
            RECOVERING SERVICE MEMBERS.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
of the provision of support services for families of recovering service 
members.
    (b) Matters Covered.--The study under subsection (a) shall include 
the following:
            (1) A determination of the types of support services, 
        including job placement services, that are currently provided by 
        the Department of Defense to eligible family members, and the 
        cost of providing such services.
            (2) A determination of additional types of support services 
        that would be feasible for the Department to provide to such 
        family members, and the costs of providing such services, 
        including the following types of services:
                    (A) The provision of medical care at military 
                medical treatment facilities.
                    (B) The provision of additional employment services, 
                and the need for employment protection, of such family 
                members who are placed on leave from employment or 
                otherwise displaced from employment while caring for a 
                recovering service member for more than 45 days during a 
                one-year period.
                    (C) The provision of meals without charge at 
                military medical treatment facilities.
            (3) A survey of military medical treatment facilities to 
        estimate the number of family members to whom the support 
        services would be provided.
            (4) A determination of any discrimination in employment that 
        such family members experience, including denial of retention in 
        employment, promotion, or any benefit of employment by an 
        employer on the basis of the person's absence from employment, 
        and a determination, in consultation with the Secretary of 
        Labor, of the options available for such family members.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to

[[Page 122 STAT. 480]]

the Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the study, with such findings 
and recommendations as the Secretary considers appropriate.

SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense and the Secretary of Veterans Affairs jointly 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report describing the changes undertaken 
within the Department of Defense and the Department of Veterans Affairs 
to ensure that traumatic brain injury victims receive a medical 
designation concomitant with their injury rather than a medical 
designation that assigns a generic classification (such as ``organic 
psychiatric disorder'').

SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-COMMISSIONED 
            OFFICER PROGRAM.

    (a) Evaluation Required.--The Secretary of Defense shall conduct an 
evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 
program, which is the program operated by each of the military 
departments and the Department of Veterans Affairs for the purpose of--
            (1) assisting in the seamless transition of members of the 
        Armed Forces from the Department of Defense health care system 
        to the Department of Veterans Affairs system; and
            (2) expediting the flow of information and communication 
        between military treatment facilities and the Veterans Affairs 
        Polytrauma Centers.

    (b) Matters Covered.--The evaluation of the Polytrauma Liaison 
Officer/Non-Commissioned Officer program shall include an evaluation of 
the following:
            (1) The program's effectiveness in the following areas:
                    (A) Handling of military patient transfers.
                    (B) Ability to access military records in a timely 
                manner.
                    (C) Collaboration with Polytrauma Center treatment 
                teams.
                    (D) Collaboration with veteran service 
                organizations.
                    (E) Functioning as the Polytrauma Center's subject-
                matter expert on military issues.
                    (F) Supporting and assisting family members.
                    (G) Providing education, information, and referrals 
                to members of the Armed Forces and their family members.
                    (H) Functioning as uniformed advocates for members 
                of the Armed Forces and their family members.
                    (I) Inclusion in Polytrauma Center meetings.
                    (J) Completion of required administrative reporting.
                    (K) Ability to provide necessary administrative 
                support to all members of the Armed Forces.
            (2) Manpower requirements to effectively carry out all 
        required functions of the Polytrauma Liaison Officer/Non-
        Commissioned Officer program given current and expected case 
        loads.
            (3) Expansion of the program to incorporate Navy and Marine 
        Corps officers and senior enlisted personnel.

[[Page 122 STAT. 481]]

    (c) Reporting Requirement.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report containing--
            (1) the results of the evaluation; and
            (2) recommendations for any improvements in the program.

                        Subtitle F--Other Matters

SEC. 1671. <<NOTE: 10 USC 1071 note.>>  PROHIBITION ON TRANSFER OF 
            RESOURCES FROM MEDICAL CARE.

    Neither the Secretary of Defense nor the Secretaries of the military 
departments may transfer funds or personnel from medical care functions 
to administrative functions within the Department of Defense in order to 
comply with the new administrative requirements imposed by this title or 
the amendments made by this title.

SEC. 1672. <<NOTE: 10 USC 1071 note.>>  MEDICAL CARE FOR FAMILIES OF 
            MEMBERS OF THE ARMED FORCES RECOVERING FROM SERIOUS INJURIES 
            OR ILLNESSES.

    (a) Medical Care at Military Medical Facilities.--
            (1) Medical care.--A family member of a recovering service 
        member who is not otherwise eligible for medical care at a 
        military medical treatment facility may be eligible for such 
        care at such facilities, on a space-available basis, if the 
        family member is--
                    (A) on invitational orders while caring for the 
                service member;
                    (B) a non-medical attendee caring for the service 
                member; or
                    (C) receiving per diem payments from the Department 
                of Defense while caring for the service member.
            (2) Specification of family members.--The Secretary of 
        Defense may prescribe in regulations the family members of 
        recovering service members who shall be considered to be a 
        family member of a service member for purposes of this 
        subsection.
            (3) <<NOTE: Regulations.>>  Specification of care.--The 
        Secretary of Defense shall prescribe in regulations the medical 
        care that may be available to family members under this 
        subsection at military medical treatment facilities.
            (4) Recovery of costs.--The United States may recover the 
        costs of the provision of medical care under this subsection as 
        follows (as applicable):
                    (A) From third-party payers, in the same manner as 
                the United States may collect costs of the charges of 
                health care provided to covered beneficiaries from 
                third-party payers under section 1095 of title 10, 
                United States Code.
                    (B) As if such care was provided under the authority 
                of section 1784 of title 38, United States Code.

    (b) Medical Care at Department of Veterans Affairs Medical 
Facilities.--
            (1) Medical care.--When a recovering service member is 
        receiving hospital care and medical services at a medical 
        facility of the Department of Veterans Affairs, the Secretary of 
        Veterans Affairs may provide medical care for eligible family

[[Page 122 STAT. 482]]

        members under this section when that care is readily available 
        at that Department facility and on a space-available basis.
            (2) Regulations.--The Secretary of Veterans Affairs shall 
        prescribe in regulations the medical care that may be available 
        to family members under this subsection at medical facilities of 
        the Department of Veterans Affairs.

SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE 
            ARMED FORCES DEPLOYED OVERSEAS.

    (a) Protocol for Assessment of Cognitive Functioning.--
            (1) Protocol required.--Subsection (b) of section 1074f of 
        title 10, United States Code, is amended--
                    (A) in paragraph (2), by adding at the end the 
                following new subparagraph:
            ``(C) An assessment of post-traumatic stress disorder.''; 
        and
                    (B) by adding at the end the following new 
                paragraph:

    ``(3)(A) <<NOTE: Protocols.>>  The Secretary shall establish for 
purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for 
the predeployment assessment and documentation of the cognitive 
(including memory) functioning of a member who is deployed outside the 
United States in order to facilitate the assessment of the 
postdeployment cognitive (including memory) functioning of the member.

    ``(B) The protocol under subparagraph (A) shall include appropriate 
mechanisms to permit the differential diagnosis of traumatic brain 
injury in members returning from deployment in a combat zone.''.
            (2) <<NOTE: 10 USC 1074f note.>>  Pilot projects.--(A) In 
        developing the protocol required by paragraph (3) of section 
        1074f(b) of title 10, United States Code (as amended by 
        paragraph (1) of this subsection), for purposes of assessments 
        for traumatic brain injury, the Secretary of Defense shall 
        conduct up to three pilot projects to evaluate various 
        mechanisms for use in the protocol for such purposes. One of the 
        mechanisms to be so evaluated shall be a computer-based 
        assessment tool which shall, at a minimum, include the 
        following:
                    (i) Administration of computer-based neurocognitive 
                assessment.
                    (ii) Pre-deployment assessments to establish a 
                neurocognitive baseline for members of the Armed Forces 
                for future treatment.
            (B) <<NOTE: Deadline. Reports.>>  Not later than 60 days 
        after the completion of the pilot projects conducted under this 
        paragraph, the Secretary shall submit to the appropriate 
        committees of Congress a report on the pilot projects. The 
        report shall include--
                    (i) a description of the pilot projects so 
                conducted;
                    (ii) an assessment of the results of each such pilot 
                project; and
                    (iii) a description of any mechanisms evaluated 
                under each such pilot project that will be incorporated 
                into the protocol.
            (C) <<NOTE: Deadline.>>  Not later than 180 days after 
        completion of the pilot projects conducted under this paragraph, 
        the Secretary shall establish a means for implementing any 
        mechanism evaluated under such a pilot project that is selected 
        for incorporation in the protocol.

[[Page 122 STAT. 483]]

    (b) Quality Assurance.--Subsection (d)(2) of section 1074f of title 
10, United States Code, is amended by adding at the end the following 
new subparagraph:
            ``(F) The diagnosis and treatment of traumatic brain injury 
        and post-traumatic stress disorder.''.

    (c) Standards for Deployment.--Subsection (f) of such section is 
amended--
            (1) in the subsection heading, by striking ``Mental 
        Health''; and
            (2) in paragraph (2)(B), by striking ``or'' and inserting 
        ``, traumatic brain injury, or''.

SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER, 
            DISTRICT OF COLUMBIA.

    (a) <<NOTE: Plan.>>  Minimum Funding.--The amount of funds available 
for the commander of Walter Reed Army Medical Center, District of 
Columbia, for a fiscal year shall be not less than the amount expended 
by the commander of Walter Reed Army Medical Center in fiscal year 2006 
until the first fiscal year beginning after the date on which the 
Secretary of Defense submits to the congressional defense committees a 
plan for the provision of health care for military beneficiaries and 
their dependents in the National Capital Region.

    (b) Matters Covered.--The plan under subsection (a) shall at a 
minimum include--
            (1) the manner in which patients, staff, bed capacity, and 
        functions will move from the Walter Reed Army Medical Center to 
        expanded facilities;
            (2) a timeline, including milestones, for such moves;
            (3) projected budgets, including planned budget transfers, 
        for military treatment facilities within the region;
            (4) the management or disposition of real property of 
        military treatment facilities within the region; and
            (5) staffing projections for the region.

    (c) Certification.--After submission of the plan under subsection 
(a) to the congressional defense committees, the Secretary shall certify 
to such committees on a quarterly basis that patients, staff, bed 
capacity, functions, or parts of functions at Walter Reed Army Medical 
Center have not been moved or disestablished until the expanded 
facilities at the National Naval Medical Center, Bethesda, Maryland, and 
DeWitt Army Community Hospital, Fort Belvoir, Virginia, are completed, 
equipped, and staffed with sufficient capacity to accept and provide, at 
a minimum, the same level of and access to care as patients received at 
Walter Reed Army Medical Center during fiscal year 2006.
    (d) Definitions.--In this section:
            (1) The term ``expanded facilities'' means the other two 
        military hospitals/medical centers within the National Capital 
        Region, namely--
                    (A) the National Naval Medical Center, Bethesda, 
                Maryland (or its successor resulting from implementation 
                of the recommendations of the 2005 Defense Base Closure 
                and Realignment Commission); and
                    (B) the DeWitt Army Community Hospital, Fort 
                Belvoir, Virginia.

[[Page 122 STAT. 484]]

            (2) The term ``National Capital Region'' has the meaning 
        given that term in section 2674(f) of title 10, United States 
        Code.

SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE 
            FEDERAL EMPLOYEES.

    (a) In General.--Section 6333(b) of title 5, United States Code, is 
amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) The requirement under paragraph (1) relating to exhaustion 
of annual and sick leave shall not apply in the case of a leave 
recipient who--
            ``(i) sustains a combat-related disability while a member of 
        the armed forces, including a reserve component of the armed 
        forces; and
            ``(ii) is undergoing medical treatment for that disability.

    ``(B) Subparagraph (A) shall apply to a member described in such 
subparagraph only so long as the member continues to undergo medical 
treatment for the disability, but in no event for longer than 5 years 
from the start of such treatment.
    ``(C) For purposes of this paragraph--
            ``(i) the term `combat-related disability' has the meaning 
        given such term by section 1413a(e) of title 10; and
            ``(ii) the term `medical treatment' has such meaning as the 
        Office of Personnel Management shall by regulation prescribe.''.

    (b) <<NOTE: Applicability. 5 USC 6333 note.>>  Effective Date.--The 
amendment made by subsection (a) shall take effect on the date of the 
enactment of this Act, except that, in the case of a leave recipient who 
is undergoing medical treatment on such date of enactment, section 
6333(b)(2)(B) of title 5, United States Code (as amended by this 
section) shall be applied as if it had been amended by inserting ``or 
the date of the enactment of this subsection, whichever is later'' after 
``the start of such treatment''.

SEC. 1676. <<NOTE: 10 USC 1071 note.>>  MORATORIUM ON CONVERSION TO 
            CONTRACTOR PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS AT 
            MILITARY MEDICAL FACILITIES.

    (a) Moratorium.--No study or competition may be begun or announced 
pursuant to section 2461 of title 10, United States Code, or otherwise 
pursuant to Office of Management and Budget circular A-76, relating to 
the possible conversion to performance by a contractor of any Department 
of Defense function carried out at a military medical facility until the 
Secretary of Defense--
            (1) <<NOTE: Certification.>>  submits the certification 
        required by subsection (b) to the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of the House of 
        Representatives together with a description of the steps taken 
        by the Secretary in accordance with the certification; and
            (2) <<NOTE: Reports.>>  submits the report required by 
        subsection (c).

    (b) Certification.--The certification referred to in paragraph 
(a)(1) is a certification that the Secretary has taken appropriate steps 
to ensure that neither the quality of military medical care nor the 
availability of qualified personnel to carry out Department of Defense 
functions related to military medical care will be adversely affected by 
either--

[[Page 122 STAT. 485]]

            (1) the process of considering a Department of Defense 
        function carried out at a military medical facility for possible 
        conversion to performance by a contractor; or
            (2) the conversion of such a function to performance by a 
        contractor.

    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the public-private 
competitions being conducted for Department of Defense functions carried 
out at military medical facilities as of the date of the enactment of 
this Act by each military department and defense agency. Such report 
shall include--
            (1) for each such competition--
                    (A) the cost of conducting the public-private 
                competition;
                    (B) the number of military personnel and civilian 
                employees of the Department of Defense affected;
                    (C) the estimated savings identified and the savings 
                actually achieved;
                    (D) an evaluation whether the anticipated and 
                budgeted savings can be achieved through a public-
                private competition; and
                    (E) the effect of converting the performance of the 
                function to performance by a contractor on the quality 
                of the performance of the function; and
            (2) an assessment of whether any method of business reform 
        or reengineering other than a public-private competition could, 
        if implemented in the future, achieve any anticipated or 
        budgeted savings.

                      TITLE XVII--VETERANS MATTERS

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

SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS EFFORTS 
            IN THE REHABILITATION AND REINTEGRATION OF VETERANS WITH 
            TRAUMATIC BRAIN INJURY.

    It is the sense of Congress that--

[[Page 122 STAT. 486]]

            (1) the Department of Veterans Affairs is a leader in the 
        field of traumatic brain injury care and coordination of such 
        care;
            (2) the Department of Veterans Affairs should have the 
        capacity and expertise to provide veterans who have a traumatic 
        brain injury with patient-centered health care, rehabilitation, 
        and community integration services that are comparable to or 
        exceed similar care and services available to persons with such 
        injuries in the academic and private sector;
            (3) rehabilitation for veterans who have a traumatic brain 
        injury should be individualized, comprehensive, and 
        interdisciplinary with the goals of optimizing the independence 
        of such veterans and reintegrating them into their communities;
            (4) family support is integral to the rehabilitation and 
        community reintegration of veterans who have sustained a 
        traumatic brain injury, and the Department should provide the 
        families of such veterans with education and support;
            (5) the Department of Defense and the Department of Veterans 
        Affairs have made efforts to provide a smooth transition of 
        medical care and rehabilitative services to individuals as they 
        transition from the health care system of the Department of 
        Defense to that of the Department of Veterans Affairs, but more 
        can be done to assist veterans and their families in the 
        continuum of the rehabilitation, recovery, and reintegration of 
        wounded or injured veterans into their communities;
            (6) in planning for rehabilitation and community 
        reintegration of veterans who have a traumatic brain injury, it 
        is necessary for the Department of Veterans Affairs to provide a 
        system for life-long case management for such veterans; and
            (7) in such system for life-long case management, it is 
        necessary to conduct outreach and to tailor specialized 
        traumatic brain injury case management and outreach to the 
        unique needs of veterans with traumatic brain injury who reside 
        in urban and non-urban settings.

SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS 
            FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN INJURY.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1710B the following 
new sections:

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

    ``(a) Plan Required.--The Secretary shall, for each individual who 
is a veteran or member of the Armed Forces who receives inpatient or 
outpatient rehabilitative hospital care or medical services provided by 
the Department for a traumatic brain injury--
            ``(1) develop an individualized plan for the rehabilitation 
        and reintegration of the individual into the community; and
            ``(2) provide such plan in writing to the individual--
                    ``(A) in the case of an individual receiving 
                inpatient care, before the individual is discharged from 
                inpatient care or after the individual's transition from 
                serving on active duty as a member of the Armed Forces 
                to receiving outpatient care provided by the Department; 
                or

[[Page 122 STAT. 487]]

                    ``(B) as soon as practicable following a diagnosis 
                of traumatic brain injury by a Department health care 
                provider.

    ``(b) Contents of Plan.--Each plan developed under subsection (a) 
shall include, for the individual covered by such plan, the following:
            ``(1) Rehabilitation objectives for improving the physical, 
        cognitive, and vocational functioning of the individual with the 
        goal of maximizing the independence and reintegration of such 
        individual into the community.
            ``(2) Access, as warranted, to all appropriate 
        rehabilitative components of the traumatic brain injury 
        continuum of care, and where appropriate, to long-term care 
        services.
            ``(3) A description of specific rehabilitative treatments 
        and other services to achieve the objectives described in 
        paragraph (1), which shall set forth the type, frequency, 
        duration, and location of such treatments and services.
            ``(4) The name of the case manager designated in accordance 
        with subsection (d) to be responsible for the implementation of 
        such plan.
            ``(5) Dates on which the effectiveness of such plan will be 
        reviewed in accordance with subsection (f).

    ``(c) Comprehensive Assessment.--(1) Each plan developed under 
subsection (a) shall be based on a comprehensive assessment, developed 
in accordance with paragraph (2), of--
            ``(A) the physical, cognitive, vocational, and 
        neuropsychological and social impairments of the individual; and
            ``(B) the family education and family support needs of the 
        individual after the individual is discharged from inpatient 
        care or at the commencement of and during the receipt of 
        outpatient care and services.

    ``(2) The comprehensive assessment required under paragraph (1) with 
respect to an individual is a comprehensive assessment of the matters 
set forth in that paragraph by a team, composed by the Secretary for 
purposes of the assessment, of individuals with expertise in traumatic 
brain injury, including any of the following:
            ``(A) A neurologist.
            ``(B) A rehabilitation physician.
            ``(C) A social worker.
            ``(D) A neuropsychologist.
            ``(E) A physical therapist.
            ``(F) A vocational rehabilitation specialist.
            ``(G) An occupational therapist.
            ``(H) A speech language pathologist.
            ``(I) A rehabilitation nurse.
            ``(J) An educational therapist.
            ``(K) An audiologist.
            ``(L) A blind rehabilitation specialist.
            ``(M) A recreational therapist.
            ``(N) A low vision optometrist.
            ``(O) An orthotist or prosthetist.
            ``(P) An assistive technologist or rehabilitation engineer.
            ``(Q) An otolaryngology physician.
            ``(R) A dietician.
            ``(S) An opthamologist.
            ``(T) A psychiatrist.

[[Page 122 STAT. 488]]

    ``(d) Case Manager.--(1) The Secretary shall designate a case 
manager for each individual described in subsection (a) to be 
responsible for the implementation of the plan developed for that 
individual under that subsection and the coordination of the 
individual's medical care.
    ``(2) The Secretary shall ensure that each case manager has specific 
expertise in the care required by the individual for whom the case 
manager is designated, regardless of whether the case manager obtains 
such expertise through experience, education, or training.
    ``(e) Participation and Collaboration in Development of Plans.--(1) 
The Secretary shall involve each individual described in subsection (a), 
and the family or legal guardian of such individual, in the development 
of the plan for such individual under that subsection to the maximum 
extent practicable.
    ``(2) The Secretary shall collaborate in the development of a plan 
for an individual under subsection (a) with a State protection and 
advocacy system if--
            ``(A) the individual covered by the plan requests such 
        collaboration; or
            ``(B) in the case of such an individual who is 
        incapacitated, the family or guardian of the individual requests 
        such collaboration.

    ``(3) In the case of a plan required by subsection (a) for a member 
of the Armed Forces who is serving on active duty, the Secretary shall 
collaborate with the Secretary of Defense in the development of such 
plan.
    ``(4) In developing vocational rehabilitation objectives required 
under subsection (b)(1) and in conducting the assessment required under 
subsection (c), the Secretary shall act through the Under Secretary for 
Health in coordination with the Vocational Rehabilitation and Employment 
Service of the Department of Veterans Affairs.
    ``(f) Evaluation.--
            ``(1) Periodic review by secretary.--The Secretary shall 
        periodically review the effectiveness of each plan developed 
        under subsection (a). The Secretary shall refine each such plan 
        as the Secretary considers appropriate in light of such review.
            ``(2) Request for review by veterans.--In addition to the 
        periodic review required by paragraph (1), the Secretary shall 
        conduct a review of the plan for an individual under paragraph 
        (1) at the request of the individual, or in the case of an 
        individual who is incapacitated, at the request of the guardian 
        or designee of the individual.

    ``(g) State Designated Protection and Advocacy System Defined.--In 
this section, the term `State protection and advocacy system' means a 
system established in a State under subtitle C of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 
et seq.) to protect and advocate for the rights of persons with 
development disabilities.

``Sec. 1710D. Traumatic brain injury: comprehensive program for long-
                        term rehabilitation

    ``(a) Comprehensive Program.--In developing plans for the 
rehabilitation and reintegration of individuals with traumatic brain 
injury under section 1710C of this title, the Secretary shall develop 
and carry out a comprehensive program of long-term care for post-acute 
traumatic brain injury rehabilitation that includes residential,

[[Page 122 STAT. 489]]

community, and home-based components utilizing interdisciplinary 
treatment teams.
    ``(b) Location of Program.--The Secretary shall carry out the 
program developed under subsection (a) in each Department polytrauma 
rehabilitation center designated by the Secretary.
    ``(c) Eligibility.--A veteran is eligible for care under the program 
developed under subsection (a) if the veteran is otherwise eligible to 
receive hospital care and medical services under section 1710 of this 
title and--
            ``(1) served on active duty in a theater of combat 
        operations (as determined by the Secretary in consultation with 
        the Secretary of Defense) during a period of war after the 
        Persian Gulf War, or in combat against a hostile force during a 
        period of hostilities (as defined in section 1712A(a)(2)(B) of 
        this title) after November 11, 1998;
            ``(2) is diagnosed as suffering from moderate to severe 
        traumatic brain injury; and
            ``(3) is unable to manage routine activities of daily living 
        without supervision or assistance, as determined by the 
        Secretary.

    ``(d) Report.--Not later than one year after the date of the 
enactment of this section, and annually thereafter, the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report containing the following information:
            ``(1) A description of the operation of the program.
            ``(2) The number of veterans provided care under the program 
        during the year preceding such report.
            ``(3) The cost of operating the program during the year 
        preceding such report.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1710B the following new items:

``1710C. Traumatic brain injury: plans for rehabilitation and 
           reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term 
           rehabilitation.''.

SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR 
            IMPLEMENTATION OF REHABILITATION AND COMMUNITY REINTEGRATION 
            PLANS FOR TRAUMATIC BRAIN INJURY.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1710D, as added by 
section 1702, the following new section:

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

    ``(a) Cooperative Agreements.--The Secretary, in implementing and 
carrying out a plan developed under section 1710C of this title, may 
provide hospital care and medical services through cooperative 
agreements with appropriate public or private entities that have 
established long-term neurobehavioral rehabilitation and recovery 
programs.
    ``(b) Authorities of State Protection and Advocacy Systems.--Nothing 
in subtitle C of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000 shall be construed as preventing a State protection 
and advocacy system (as defined

[[Page 122 STAT. 490]]

in section 1710C(g) of this title) from exercising the authorities 
described in such subtitle with respect to individuals provided 
rehabilitative treatment or services under section 1710C of this title 
in a non-Department facility.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1710D, as added by section 1702, the following new item:

``1710E. Traumatic brain injury: use of non-Departmental facilities for 
           rehabilitation.''.

SEC. 1704. <<NOTE: 38 USC 1710C note.>>  RESEARCH, EDUCATION, AND 
            CLINICAL CARE PROGRAM ON TRAUMATIC BRAIN INJURY.

    (a) In General.--To improve the provision of health care by the 
Department of Veterans Affairs to veterans with traumatic brain 
injuries, the Secretary of Veterans Affairs shall--
            (1) conduct research, including--
                    (A) research on the sequelae of mild to severe forms 
                of traumatic brain injury;
                    (B) research on visually-related neurological 
                conditions;
                    (C) research on seizure disorders;
                    (D) research on means of improving the diagnosis, 
                rehabilitative treatment, and prevention of such 
                sequelae;
                    (E) research to determine the most effective 
                cognitive and physical therapies for such sequelae;
                    (F) research on dual diagnosis of post-traumatic 
                stress disorder and traumatic brain injury;
                    (G) research on improving facilities of the 
                Department concentrating on traumatic brain injury care; 
                and
                    (H) research on improving the delivery of traumatic 
                brain injury care by the Department;
            (2) educate and train health care personnel of the 
        Department in recognizing and treating traumatic brain injury; 
        and
            (3) develop improved models and systems for the furnishing 
        of traumatic brain injury care by the Department.

    (b) Collaboration.--In carrying out research under subsection (a), 
the Secretary of Veterans Affairs shall collaborate with--
            (1) facilities that conduct research on rehabilitation for 
        individuals with traumatic brain injury;
            (2) facilities that receive grants for such research from 
        the National Institute on Disability and Rehabilitation Research 
        of the Department of Education; and
            (3) the Defense and Veterans Brain Injury Center of the 
        Department of Defense and other relevant programs of the Federal 
        Government (including Centers of Excellence).

    (c) Dissemination of Useful Information.--The Under Secretary of 
Veterans Affairs for Health shall ensure that information produced by 
the research, education and training, and clinical activities conducted 
under this section that may be useful for other activities of the 
Veterans Health Administration is disseminated throughout the Veterans 
Health Administration.
    (d) Traumatic Brain Injury Registry.--
            (1) <<NOTE: Establishment.>>  In general.--The Secretary of 
        Veterans Affairs shall establish and maintain a registry to be 
        known as the ``Traumatic Brain Injury Veterans Health Registry'' 
        (in this section referred to as the ``Registry'').

[[Page 122 STAT. 491]]

            (2) Description.--The Registry shall include the following 
        information:
                    (A) A list containing the name of each individual 
                who served as a member of the Armed Forces in Operation 
                Enduring Freedom or Operation Iraqi Freedom who exhibits 
                symptoms associated with traumatic brain injury, as 
                determined by the Secretary of Veterans Affairs, and 
                who--
                          (i) applies for care and services furnished by 
                      the Department of Veterans Affairs under chapter 
                      17 of title 38, United States Code; or
                          (ii) files a claim for compensation under 
                      chapter 11 of such title on the basis of any 
                      disability which may be associated with such 
                      service.
                    (B) Any relevant medical data relating to the health 
                status of an individual described in subparagraph (A) 
                and any other information the Secretary considers 
                relevant and appropriate with respect to such an 
                individual if the individual--
                          (i) grants permission to the Secretary to 
                      include such information in the Registry; or
                          (ii) is deceased at the time such individual 
                      is listed in the Registry.
            (3) Notification.--When possible, the Secretary shall notify 
        each individual listed in the Registry of significant 
        developments in research on the health consequences of military 
        service in the Operation Enduring Freedom and Operation Iraqi 
        Freedom theaters of operations.

SEC. 1705. <<NOTE: 38 USC 1710C note.>>  PILOT PROGRAM ON ASSISTED 
            LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.

    (a) <<NOTE: Deadline.>>  Pilot Program.--Beginning not later than 90 
days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs, in collaboration with the Defense and Veterans Brain 
Injury Center of the Department of Defense, shall carry out a five-year 
pilot program to assess the effectiveness of providing assisted living 
services to eligible veterans to enhance the rehabilitation, quality of 
life, and community integration of such veterans.

    (b) Program Locations.--
            (1) In general.--The pilot program shall be carried out at 
        locations selected by the Secretary for purposes of the pilot 
        program. Of the locations so selected--
                    (A) at least one location shall be in each health 
                care region of the Veterans Health Administration of the 
                Department of Veterans Affairs that contains a 
                polytrauma center of the Department of Veterans Affairs; 
                and
                    (B) any location other than a location described in 
                subparagraph (A) shall be in an area that contains a 
                high concentration of veterans with traumatic brain 
                injuries, as determined by the Secretary.
            (2) Special consideration for veterans in rural areas.--The 
        Secretary shall give special consideration to providing veterans 
        in rural areas with an opportunity to participate in the pilot 
        program.

    (c) Provision of Assisted Living Services.--
            (1) Agreements.--In carrying out the pilot program, the 
        Secretary may enter into agreements for the provision of

[[Page 122 STAT. 492]]

        assisted living services on behalf of eligible veterans with a 
        provider participating under a State plan or waiver under title 
        XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
            (2) Standards.--The Secretary may not place, transfer, or 
        admit a veteran to any facility for assisted living services 
        under the pilot program unless the Secretary determines that the 
        facility meets such standards as the Secretary may prescribe for 
        purposes of the pilot program. Such standards shall, to the 
        extent practicable, be consistent with the standards of Federal, 
        State, and local agencies charged with the responsibility of 
        licensing or otherwise regulating or inspecting such facilities.

    (d) Continuation of Case Management and Rehabilitation Services.--In 
carrying out the pilot program, the Secretary shall--
            (1) continue to provide each veteran who is receiving 
        assisted living services under the pilot program with 
        rehabilitative services; and
            (2) designate employees of the Veterans Health 
        Administration of the Department of Veterans Affairs to furnish 
        case management services for veterans participating in the pilot 
        program.

    (e) Report.--
            (1) In general.--Not later than 60 days after the completion 
        of the pilot program, the Secretary shall submit to the 
        Committees on Veterans' Affairs of the Senate and House of 
        Representatives a report on the pilot program.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of the pilot program.
                    (B) An assessment of the utility of the activities 
                under the pilot program in enhancing the rehabilitation, 
                quality of life, and community reintegration of veterans 
                with traumatic brain injury.
                    (C) Such recommendations as the Secretary considers 
                appropriate regarding the extension or expansion of the 
                pilot program.

    (f) Definitions.--In this section:
            (1) The term ``assisted living services'' means services of 
        a facility in providing room, board, and personal care for and 
        supervision of residents for their health, safety, and welfare.
            (2) The term ``case management services'' includes the 
        coordination and facilitation of all services furnished to a 
        veteran by the Department of Veterans Affairs, either directly 
        or through a contract, including assessment of needs, planning, 
        referral (including referral for services to be furnished by the 
        Department, either directly or through a contract, or by an 
        entity other than the Department), monitoring, reassessment, and 
        followup.
            (3) The term ``eligible veteran'' means a veteran who--
                    (A) is enrolled in the patient enrollment system of 
                the Department of Veterans Affairs under section 1705 of 
                title 38, United States Code;
                    (B) has received hospital care or medical services 
                provided by the Department of Veterans Affairs for a 
                traumatic brain injury;

[[Page 122 STAT. 493]]

                    (C) is unable to manage routine activities of daily 
                living without supervision and assistance, as determined 
                by the Secretary; and
                    (D) could reasonably be expected to receive ongoing 
                services after the end of the pilot program under this 
                section under another program of the Federal Government 
                or through other means, as determined by the Secretary.

SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.

    (a) <<NOTE: 38 USC 1710A note.>>  Finding.--Congress finds that 
young veterans who are injured or disabled through military service and 
require long-term care should have access to age-appropriate nursing 
home care.

    (b) Requirement to Provide Age-Appropriate Nursing Home Care.--
Section 1710A of title 38, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) The Secretary shall ensure that nursing home care provided 
under subsection (a) is provided in an age-appropriate manner.''.

SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR 
            VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF 
            HOSTILITIES AND WAR.

    Subparagraph (C) of section 1710(e)(3) of title 38, United States 
Code, is amended to read as follows:
            ``(C) in the case of care for a veteran described in 
        paragraph (1)(D) who--
                    ``(i) is discharged or released from the active 
                military, naval, or air service after the date that is 
                five years before the date of the enactment of the 
                National Defense Authorization Act for Fiscal Year 2008, 
                after a period of five years beginning on the date of 
                such discharge or release; or
                    ``(ii) is so discharged or released more than five 
                years before the date of the enactment of that Act and 
                who did not enroll in the patient enrollment system 
                under section 1705 of this title before such date, after 
                a period of three years beginning on the date of the 
                enactment of that Act; and''.

SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH 
            CONDITIONS IN VETERANS.

    (a) Presumption of Service-Connection for Mental Illness in Persian 
Gulf War Veterans.--
            (1) In general.--Section 1702 of title 38, United States 
        Code, is amended--
                    (A) by inserting ``(a) Psychosis.--'' before ``For 
                the purposes''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(b) Mental Illness.--For purposes of this chapter, any veteran of 
the Persian Gulf War who develops an active mental illness (other than 
psychosis) shall be deemed to have incurred such disability in the 
active military, naval, or air service if such veteran develops such 
disability--
            ``(1) within two years after discharge or release from the 
        active military, naval, or air service; and

[[Page 122 STAT. 494]]

            ``(2) before the end of the two-year period beginning on the 
        last day of the Persian Gulf War.''.
            (2) Heading amendment.--The heading of such section is 
        amended to read as follows:

``Sec. 1702. Presumptions: psychosis after service in World War II and 
                        following periods of war; mental illness after 
                        service in the Persian Gulf War''.

            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of such title is amended by striking the 
        item relating to section 1702 and inserting the following new 
        item:

``1702. Presumptions: psychosis after service in World War II and 
           following periods of war; mental illness following service in 
           the Persian Gulf War.''.

    (b) Provision of Mental Health Assessments for Certain Veterans.--
Section 1712A(a) of such title is amended--
            (1) in paragraph (1)(B), by adding at the end the following 
        new clause:
            ``(iii) Any veteran who served on active duty--
                    ``(I) in a theater of combat operations (as 
                determined by the Secretary in consultation with the 
                Secretary of Defense) during a period of war after the 
                Persian Gulf War; or
                    ``(II) in combat against a hostile force during a 
                period of hostilities (as defined in paragraph (2)(B)) 
                after November 11, 1998.''; and
            (2) by adding at the end the following new paragraph:

    ``(3) <<NOTE: Deadline.>>  Upon request of a veteran described in 
paragraph (1)(B)(iii), the Secretary shall provide the veteran a 
preliminary general mental health assessment as soon as practicable 
after receiving the request, but not later than 30 days after receiving 
the request.''.

SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT DENTAL 
            SERVICES TO VETERANS WITH SERVICE-CONNECTED DENTAL 
            CONDITIONS OR DISABILITIES.

    Section 1712(a)(1)(B)(iii) of title 38, United States Code, is 
amended--
            (1) by striking ``90 days after such discharge'' and 
        inserting ``180 days after such discharge'';
            (2) by striking ``90 days from the date of such veteran's 
        subsequent discharge'' and inserting ``180 days from the date of 
        such veteran's subsequent discharge''; and
            (3) by striking ``90 days after the date of correction'' and 
        inserting ``180 days after the date of correction''.

SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF 
            DEPARTMENT OF VETERANS AFFAIRS.

    (a) Clarification of Inclusion of Members of the National Guard and 
Reserve in Program.--Subsection (a)(1) of section 6301 of title 38, 
United States Code, is amended by inserting ``, or from a reserve 
component,'' after ``active military, naval, or air service''.
    (b) Definition of Outreach.--Subsection (b) of such section is 
amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and

[[Page 122 STAT. 495]]

            (2) by inserting before paragraph (2) the following new 
        paragraph (1):
            ``(1) the term `outreach' means the act or process of 
        reaching out in a systematic manner to proactively provide 
        information, services, and benefits counseling to veterans, and 
        to the spouses, children, and parents of veterans who may be 
        eligible to receive benefits under the laws administered by the 
        Secretary, to ensure that such individuals are fully informed 
        about, and receive assistance in applying for, such benefits;''.

SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES OF TRAUMATIC 
            SERVICEMEMBERS' GROUP LIFE INSURANCE.

    Section 1980A of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(k) Designation of Fiduciary or Trustee.--(1) The Secretary 
concerned, in consultation with the Secretary, shall develop a process 
for the designation of a fiduciary or trustee of a member of the 
uniformed services who is insured against traumatic injury under this 
section. The fiduciary or trustee so designated would receive a payment 
for a qualifying loss under this section if the member is medically 
incapacitated (as determined pursuant to regulations prescribed by the 
Secretary concerned in consultation with the Secretary) or experiencing 
an extended loss of consciousness.
    ``(2) The process under paragraph (1) may require each member of the 
uniformed services who is insured under this section to--
            ``(A) designate an individual as the member's fiduciary or 
        trustee for purposes of subsection (a); or
            ``(B) elect that a court of proper jurisdiction designate an 
        individual as the member's fiduciary or trustee for purposes of 
        subsection (a) in the event that the member becomes medically 
        incapacitated or experiences an extended loss of 
        consciousness.''.

TITLE <<NOTE: National Guard Empowerment Act of 2007.>>  XVIII--NATIONAL 
GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

                    Subtitle A--National Guard Bureau

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

          Subtitle B--Additional Reserve Component Enhancement

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

[[Page 122 STAT. 496]]

SEC. 1801. <<NOTE: 10 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``National Guard Empowerment Act of 
2007''.

                    Subtitle A--National Guard Bureau

SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE CHIEF OF 
            THE NATIONAL GUARD BUREAU.

    (a) Appointment.--Subsection (a) of section 10502 of title 10, 
United States Code, is amended by striking paragraphs (1) through (3) 
and inserting the following new paragraphs:
            ``(1) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(2) are recommended for such appointment by the Secretary 
        of the Army or the Secretary of the Air Force;
            ``(3) have had at least 10 years of federally recognized 
        commissioned service in an active status in the National Guard;
            ``(4) are in a grade above the grade of brigadier general;
            ``(5) are determined by the Chairman of the Joint Chiefs of 
        Staff, in accordance with criteria and as a result of a process 
        established by the Chairman, to have significant joint duty 
        experience;
            ``(6) are determined by the Secretary of Defense to have 
        successfully completed such other assignments and experiences so 
        as to possess a detailed understanding of the status and 
        capabilities of National Guard forces and the missions of the 
        National Guard Bureau as set forth in section 10503 of this 
        title;
            ``(7) have a level of operational experience in a position 
        of significant responsibility, professional military education, 
        and demonstrated expertise in national defense and homeland 
        defense matters that are commensurate with the advisory role of 
        the Chief of the National Guard Bureau; and
            ``(8) possess such other qualifications as the Secretary of 
        Defense shall prescribe for purposes of this section.''.

    (b) Grade.--Subsection (d) of such section is amended by striking 
``lieutenant general'' and inserting ``general''.
    (c) Repeal of Age 64 Limitation on Service.--Subsection (b) of such 
section is amended by striking ``An officer may not hold that office 
after becoming 64 years of age.''.
    (d) Advisory Duties.--Subsection (c) of such section is amended to 
read as follows:
    ``(c) Advisor on National Guard Matters.--The Chief of the National 
Guard Bureau is--
            ``(1) a principal advisor to the Secretary of Defense, 
        through the Chairman of the Joint Chiefs of Staff, on matters 
        involving non-federalized National Guard forces and on other 
        matters as determined by the Secretary of Defense; and
            ``(2) the principal adviser to the Secretary of the Army and 
        the Chief of Staff of the Army, and to the Secretary of the Air 
        Force and the Chief of Staff of the Air Force, on matters 
        relating to the National Guard, the Army National Guard of the 
        United States, and the Air National Guard of the United 
        States.''.

[[Page 122 STAT. 497]]

SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF 
            THE DEPARTMENT OF DEFENSE.

    (a) Joint Activity of the Department of Defense.--Subsection (a) of 
section 10501 of title 10, United States Code, is amended by striking 
``joint bureau of the Department of the Army and the Department of the 
Air Force'' and inserting ``joint activity of the Department of 
Defense''.
    (b) Joint Manpower Requirements.--
            (1) In general.--Chapter 1011 of such title is amended by 
        adding at the end the following new section:

``Sec. 10508. <<NOTE: Regulations.>>  National Guard Bureau: general 
                        provisions

    ``The manpower requirements of the National Guard Bureau as a joint 
activity of the Department of Defense shall be determined in accordance 
with regulations prescribed by the Secretary of Defense, in consultation 
with the Chairman of the Joint Chiefs of Staff.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``10508. National Guard Bureau: general provisions.''.

SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD BUREAU.

    (a) Additional General Functions.--Section 10503 of title 10, United 
States Code, is amended--
            (1) by redesignating paragraph (12) as paragraph (14) and 
        inserting before such paragraph (14) the following new paragraph 
        (13):
            ``(13)(A) Assisting the Secretary of Defense in facilitating 
        and coordinating with the entities listed in subparagraph (B) 
        the use of National Guard personnel and resources for operations 
        conducted under title 32, or in support of State missions.
            ``(B) The entities listed in this subparagraph for purposes 
        of subparagraph (A) are the following:
                    ``(i) Other Federal agencies.
                    ``(ii) The Adjutants General of the States.
                    ``(iii) The United States Joint Forces Command.
                    ``(iv) The combatant command the geographic area of 
                responsibility of which includes the United States.'';
            (2) by redesignating paragraphs (2) through (11) as 
        paragraphs (3) through (12), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The role of the National Guard Bureau in support of 
        the Secretary of the Army and the Secretary of the Air Force.''.

    (b) Charter Developed and Prescribed by Secretary of Defense.--
Section 10503 of such title is further amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``The Secretary of the Army and the 
                Secretary of the Air Force shall jointly develop'' and 
                inserting ``The Secretary of Defense, in consultation 
                with the Chairman of the Joint Chiefs of Staff, the 
                Secretary of the Army, and the Secretary of the Air 
                Force, shall develop''; and

[[Page 122 STAT. 498]]

                    (B) by striking ``cover'' in the second sentence and 
                inserting ``reflect the full scope of the duties and 
                activities of the Bureau, including''; and
            (2) in paragraph (14), as redesignated by subsection (a)(1), 
        by striking ``the Secretaries'' and inserting ``the Secretary of 
        Defense''.

    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--The heading of section 10503 of 
        such title is amended to read as follows:

``Sec. 10503. Functions of National Guard Bureau: charter''.

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

``10503. Functions of National Guard Bureau: charter.''.

SEC. 1814. <<NOTE: 10 USC 113 note.>>  REQUIREMENT FOR SECRETARY OF 
            DEFENSE TO PREPARE PLAN FOR RESPONSE TO NATURAL DISASTERS 
            AND TERRORIST EVENTS.

    (a) <<NOTE: Deadline.>>  Requirement for Plan.--
            (1) In general.--Not later than June 1, 2008, the Secretary 
        of Defense, in consultation with the Secretary of Homeland 
        Security, the Chairman of the Joint Chiefs of Staff, the 
        commander of the United States Northern Command, and the Chief 
        of the National Guard Bureau, shall prepare and submit to 
        Congress a plan for coordinating the use of the National Guard 
        and members of the Armed Forces on active duty when responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters as identified in the national planning scenarios 
        described in subsection (e).
            (2) Update.--Not later than June 1, 2010, the Secretary, in 
        consultation with the persons consulted under paragraph (1), 
        shall submit to Congress an update of the plan required under 
        paragraph (1).

    (b) Information To Be Provided to Secretary.--To assist the 
Secretary of Defense in preparing the plan, the National Guard Bureau, 
pursuant to its purpose as channel of communications as set forth in 
section 10501(b) of title 10, United States Code, shall provide to the 
Secretary information gathered from Governors, adjutants general of 
States, and other State civil authorities responsible for homeland 
preparation and response to natural and man-made disasters.
    (c) Two Versions.--The plan shall set forth two versions of 
response, one using only members of the National Guard, and one using 
both members of the National Guard and members of the regular components 
of the Armed Forces.
    (d) Matters Covered.--The plan shall cover, at a minimum, the 
following:
            (1) Protocols for the Department of Defense, the National 
        Guard Bureau, and the Governors of the several States to carry 
        out operations in coordination with each other and to ensure 
        that Governors and local communities are properly informed and 
        remain in control in their respective States and communities.

[[Page 122 STAT. 499]]

            (2) An identification of operational procedures, command 
        structures, and lines of communication to ensure a coordinated, 
        efficient response to contingencies.
            (3) An identification of the training and equipment needed 
        for both National Guard personnel and members of the Armed 
        Forces on active duty to provide military assistance to civil 
        authorities and for other domestic operations to respond to 
        hazards identified in the national planning scenarios.

    (e) National Planning Scenarios.--The plan shall provide for 
response to the following hazards:
            (1) Nuclear detonation, biological attack, biological 
        disease outbreak/pandemic flu, the plague, chemical attack-
        blister agent, chemical attack-toxic industrial chemicals, 
        chemical attack-nerve agent, chemical attack-chlorine tank 
        explosion, major hurricane, major earthquake, radiological 
        attack-radiological dispersal device, explosives attack-bombing 
        using improvised explosive device, biological attack-food 
        contamination, biological attack-foreign animal disease and 
        cyber attack.
            (2) Any other hazards identified in a national planning 
        scenario developed by the Homeland Security Council.

SEC. 1815. <<NOTE: 10 USC 113 note.>>  DETERMINATION OF DEPARTMENT OF 
            DEFENSE CIVIL SUPPORT REQUIREMENTS.

    (a) Determination of Requirements.--The Secretary of Defense, in 
consultation with the Secretary of Homeland Security, shall determine 
the military-unique capabilities needed to be provided by the Department 
of Defense to support civil authorities in an incident of national 
significance or a catastrophic incident.
    (b) Plan for Funding Capabilities.--
            (1) Plan.--The Secretary of Defense shall develop and 
        implement a plan, in coordination with the Secretaries of the 
        military departments and the Chairman of the Joint Chiefs of 
        Staff, for providing the funds and resources necessary to 
        develop and maintain the following:
                    (A) The military-unique capabilities determined 
                under subsection (a).
                    (B) Any additional capabilities determined by the 
                Secretary to be necessary to support the use of the 
                active components and the reserve components of the 
                Armed Forces for homeland defense missions, domestic 
                emergency responses, and providing military support to 
                civil authorities.
            (2) Term of plan.--The plan required under paragraph (1) 
        shall cover at least five years.

    (c) Budget.--The Secretary of Defense shall include in the materials 
accompanying the budget submitted for each fiscal year a request for 
funds necessary to carry out the plan required under subsection (b) 
during the fiscal year covered by the budget. The defense budget 
materials shall delineate and explain the budget treatment of the plan 
for each component of each military department, each combatant command, 
and each affected Defense Agency.
    (d) Definitions.--In this section:
            (1) The term ``military-unique capabilities'' means those 
        capabilities that, in the view of the Secretary of Defense--
                    (A) cannot be provided by other Federal, State, or 
                local civilian agencies; and

[[Page 122 STAT. 500]]

                    (B) are essential to provide support to civil 
                authorities in an incident of national significance or a 
                catastrophic incident.
            (2) The term ``defense budget materials'', with respect to a 
        fiscal year, means the materials submitted to Congress by the 
        Secretary of Defense in support of the budget for that fiscal 
        year.

    (e) Strategic Planning Guidance.--Section 113(g)(2) of title 10, 
United States Code, is amended by striking ``contingency plans'' at the 
end of the first sentence and inserting the following: ``contingency 
plans, including plans for providing support to civil authorities in an 
incident of national significance or a catastrophic incident, for 
homeland defense, and for military support to civil authorities''.

          Subtitle B--Additional Reserve Component Enhancement

SEC. 1821. UNITED STATES NORTHERN COMMAND.

    (a) <<NOTE: Deadlines.>>  Manpower Review.--
            (1) Review by chairman of the joint chiefs of staff.--Not 
        later than one year after the date of the enactment of this Act, 
        the Chairman of the Joint Chiefs of Staff shall submit to the 
        Secretary of Defense a review of the civilian and military 
        positions, job descriptions, and assignments within the United 
        States Northern Command with the goal of determining the 
        feasibility of significantly increasing the number of members of 
        a reserve component assigned to, and civilians employed by, the 
        United States Northern Command who have experience in the 
        planning, training, and employment of forces for homeland 
        defense missions, domestic emergency response, and providing 
        military support to civil authorities.
            (2) Submission of results of review.--Not later than 90 days 
        after the date on which the Secretary of Defense receives the 
        results of the review under paragraph (1), the Secretary shall 
        submit to Congress a copy of the results of the review, together 
        with such recommendations as the Secretary considers appropriate 
        to achieve the objectives of the review.

    (b) Definition.--In this section, the term ``United States Northern 
Command'' means the combatant command the geographic area of 
responsibility of which includes the United States.

SEC. 1822. <<NOTE: President. Establishment. 32 USC 104 note.>>  COUNCIL 
            OF GOVERNORS.

    The President shall establish a bipartisan Council of Governors to 
advise the Secretary of Defense, the Secretary of Homeland Security, and 
the White House Homeland Security Council on matters related to the 
National Guard and civil support missions.

SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.

    (a) Plan.--The Secretary of Defense shall develop a plan to 
implement revisions that the Secretary determines necessary in the 
designation, organization, membership, functions, procedures, and 
legislative framework of the Reserve Forces Policy Board. The plan--
            (1) shall be consistent with the findings, conclusions, and 
        recommendations included in Part III E of the Report of the

[[Page 122 STAT. 501]]

        Commission on the National Guard and Reserves of March 1, 2007; 
        and
            (2) to the extent possible, shall take into account the 
        views and recommendations of civilian and military leaders, past 
        chairmen of the Reserve Forces Policy Board, private 
        organizations with expertise and interest in Department of 
        Defense organization, and other individuals or groups in the 
        discretion of the Secretary.

    (b) Report.--Not later than July 1, 2008, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the plan developed under subsection 
(a), including such recommendations for legislation as the Secretary 
considers necessary.

SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE HELD BY 
            RESERVE COMPONENT GENERAL OR FLAG OFFICERS.

    (a) <<NOTE: 10 USC 164 note.>>  Sense of Congress.--It is the sense 
of Congress that, whenever officers of the Armed Forces are considered 
for promotion to the grade of lieutenant general, or vice admiral in the 
case of the Navy, on the active duty list, officers in the reserve 
components of the Armed Forces who are eligible for promotion to such 
grade should be considered for promotion to such grade.

    (b) National Guard Officer as Deputy Commander of United States 
Northern Command.--Section 164(e) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(4) At least one deputy commander of the combatant command the 
geographic area of responsibility of which includes the United States 
shall be a qualified officer of the National Guard who is eligible for 
promotion to the grade of O-9, unless a National Guard officer is 
serving as commander of that combatant command.''.
    (c) Increase in Number of Unified and Specified Combatant Command 
Positions for Reserve Component Officers.--Section 526(b)(2)(A) of such 
title is amended by striking ``10 general and flag officer positions on 
the staffs of the commanders of'' and inserting ``15 general and flag 
officer positions in''.

SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN 
            RESERVE GENERAL AND FLAG OFFICERS.

    (a) Retirement for Age.--
            (1) Inclusion of reserve generals and admirals.--Section 
        14511 of title 10, United States Code, is amended to read as 
        follows:

``Sec. 14511. Separation at age 64: officers in grade of major general 
                        or rear admiral and above

    ``(a) Separation Required.--Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, each reserve officer 
of the Army, Air Force, or Marine Corps in the grade of major general or 
above and each reserve officer of the Navy in the grade of rear admiral 
or above shall be separated in accordance with section 14515 of this 
title on the last day of the month in which the officer becomes 64 years 
of age.
    ``(b) Exception for Officers Serving in O-9 and O-10 Positions.--The 
retirement of a reserve officer of the Army, Air Force, or Marine Corps 
in the grade of lieutenant general or general,

[[Page 122 STAT. 502]]

or a reserve officer of the Navy in the grade of vice admiral or 
admiral, under subsection (a) may be deferred--
            ``(1) by the President, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 68 years of age; or
            ``(2) by the Secretary of Defense, but such a deferment may 
        not extend beyond the first day of the month following the month 
        in which the officer becomes 66 years of age.

    ``(c) Exception for Officers Holding Certain Offices.--This section 
does not apply to an officer covered by section 14512 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1407 of such title is amended by striking 
        the item relating to section 14511 and inserting the following 
        new item:

``14511. Separation at age 64: officers in grade of major general or 
           rear admiral and above.''.

    (b) Conforming Amendments and Reserve Officers Holding Certain Other 
Offices.--Section 14512 of such title is amended--
            (1) in subsection (a)(2)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B), (C), and (D) 
                as subparagraphs (A), (B), and (C), respectively; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``The Secretary''; 
                and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) The Secretary of Defense may defer the retirement of a reserve 
officer serving in the position of Chief of the Navy Reserve or 
Commander of the Marine Forces Reserve, but such deferment may not 
extend beyond the first day of the month following the month in which 
the officer becomes 66 years of age. A deferment under this paragraph 
shall not count toward the limitation on the total number of officers 
whose retirement may be deferred at any one time under paragraph (1).''.
    (c) Imposition of Years of Service Limitation.--
            (1) Imposition of limitation.--Section 14508 of such title 
        is amended by inserting after subsection (c), as added by 
        section 513, the following new subsection:

    ``(d) Forty Years of Service for Generals and Admirals.--Unless 
retired, transferred to the Retired Reserve, or discharged at an earlier 
date, each reserve officer of the Army, Air Force, or Marine Corps in 
the grade of general and each reserve officer of the Navy in the grade 
of admiral shall be separated in accordance with section 14514 of this 
title on the first day of the first month beginning after the date of 
the fifth anniversary of the officer's appointment to that grade or 30 
days after the date on which the officer completes 40 years of 
commissioned service, whichever is later.''.
            (2) Conforming amendments.--Subsection (b) of section 10502 
        of such title, as amended by section 1811, is further amended--
                    (A) by inserting ``(1)'' before the first sentence; 
                and
                    (B) by striking ``While holding that office'' and 
                inserting the following:

[[Page 122 STAT. 503]]

    ``(2) Except as provided in section 14508(d) of this title, while 
holding the office of Chief of the National Guard Bureau''.

SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD 
            EQUIPMENT.

    Section 10541 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Each report under this section concerning equipment of the 
National Guard shall also include the following:
            ``(1) A statement of the accuracy of the projections 
        required by subsection (b)(5)(D) contained in earlier reports 
        under this section, and an explanation, if the projection was 
        not met, of why the projection was not met.
            ``(2) <<NOTE: Certification.>> A certification from the 
        Chief of the National Guard Bureau setting forth an inventory 
        for the preceding fiscal year of each item of equipment--
                    ``(A) for which funds were appropriated;
                    ``(B) which was due to be procured for the National 
                Guard during that fiscal year; and
                    ``(C) which has not been received by a National 
                Guard unit as of the close of that fiscal year.''.

DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year 
2008.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2008''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
            SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and in title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2010; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2011.

    (b) Exception.--Subsection (a) shall not apply to authorizations for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2010; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2011 for military construction projects, land 
        acquisition, family housing projects and facilities, or 
        contributions to the North Atlantic Treaty Organization Security 
        Investment Program.

[[Page 122 STAT. 504]]

                             TITLE XXI--ARMY

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

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Anniston Army Depot..........................       $26,000,000
                                                 Redstone Arsenal.............................       $22,000,000
Alaska.........................................  Fort Richardson..............................       $92,800,000
                                                 Fort Wainwright..............................      $114,500,000
Arizona........................................  Fort Huachuca................................      $129,600,000
California.....................................  Fort Irwin...................................       $24,000,000
                                                 Presidio, Monterey...........................       $28,000,000
Colorado.......................................  Fort Carson..................................      $156,200,000
Delaware.......................................  Dover Air Force Base.........................       $17,500,000
Florida........................................  Miami Doral..................................      $237,000,000
Georgia........................................  Fort Benning.................................      $189,500,000
                                                 Fort Stewart/Hunter Army Air Field...........      $123,500,000
Hawaii.........................................  Fort Shafter.................................       $31,000,000
                                                 Kahuku Training Area.........................       $10,200,000
                                                 Schofield Barracks...........................       $88,000,000
                                                 Wheeler Army Air Field.......................       $51,000,000
Illinois.......................................  Rock Island Arsenal..........................        $3,350,000
Kansas.........................................  Fort Leavenworth.............................      $102,400,000
                                                 Fort Riley...................................      $140,200,000
Kentucky.......................................  Fort Campbell................................      $113,600,000
                                                 Fort Knox....................................        $6,700,000
Louisiana......................................  Fort Polk....................................       $15,900,000
Maryland.......................................  Aberdeen Proving Ground......................       $12,200,000
Michigan.......................................  Detroit Arsenal..............................       $18,500,000
Missouri.......................................  Fort Leonard Wood............................      $136,050,000
Nevada.........................................  Hawthorne Army Ammunition Plant..............       $11,800,000
New Jersey.....................................  Picatinny Arsenal............................        $9,900,000
New Mexico.....................................  White Sands Missile Range....................       $71,000,000
New York.......................................  Fort Drum....................................      $311,200,000
North Carolina.................................  Fort Bragg...................................      $287,200,000
Oklahoma.......................................  Fort Sill....................................        $7,500,000
South Carolina.................................  Fort Jackson.................................       $85,000,000
Texas..........................................  Camp Bullis..................................        $1,600,000

[[Page 122 STAT. 505]]

 
                                                 Corpus Christi...............................       $11,200,000
                                                 Fort Bliss...................................      $118,400,000
                                                 Fort Hood....................................      $163,400,000
                                                 Fort Sam Houston.............................       $19,150,000
                                                 Red River Army Depot.........................        $9,200,000
Virginia.......................................  Fort Belvoir.................................       $13,000,000
                                                 Fort Eustis..................................       $75,000,000
                                                 Fort Lee.....................................       $22,600,000
                                                 Fort Myer....................................       $20,800,000
Washington.....................................  Fort Lewis...................................      $178,500,000
                                                 Yakima Training Center.......................       $29,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or 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........................  Aviano...................     $12,100,000
                               Vicenza..................    $160,900,000
Korea........................  Camp Humphreys...........     $57,000,000
Romania......................  Mihail Kogalniceanu FOS..     $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
----------------------------------------------------------------------------------------------------------------
            State or Country                  Installation or Location             Units              Amount
----------------------------------------------------------------------------------------------------------------
Utah....................................  Dugway Proving Ground..........  28...................      $5,000,000
Germany.................................  Ansbach........................  138..................     $52,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), the Secretary 
of the Army may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed 
$2,000,000.

[[Page 122 STAT. 506]]

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $365,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount of 
$5,106,703,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $3,198,150,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $254,950,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $25,900,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $321,983,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $424,400,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $731,920,000.
            (6) For the construction of increment 2 of a barracks 
        complex at Fort Lewis, Washington, authorized by section 2101(a) 
        of the Military Construction Authorization Act for Fiscal Year 
        2007 (division B of Public Law 109-364; 120 Stat. 2445), as 
        amended by section 20814 of the Continuing Appropriations 
        Resolution, 2007 (division B of Public Law 109-289), as added by 
        section 2 of the Revised Continuing Appropriations Resolution, 
        2007 (Public Law 110-5; 121 Stat. 41), $102,000,000.
            (7) For the construction of increment 3 of a barracks 
        complex at Fort Bragg, North Carolina, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 
        3485), $47,400,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2101 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $137,000,000 (the balance of the amount authorized under 
        section 2101(a) for construction of the United States Southern 
        Command Headquarters, Miami, Florida).
            (3) $63,500,000 (the balance of the amount authorized under 
        section 2101(b) for construction of a brigade complex operations 
        support facility at Vicenza, Italy).

[[Page 122 STAT. 507]]

            (4) $63,500,000 (the balance of the amount authorized under 
        section 2101(b) for construction of a brigade complex barracks 
        and community support facility at Vicenza, Italy).

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 ARMY 
            PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

    (a) Termination of Inside the United States Projects.--The table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as 
amended by section 20814 of the Continuing Appropriations Resolution, 
2007 (division B of Public Law 109-289), as added by section 2 of the 
Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5), 
is further amended--
            (1) by striking the item relating to Redstone Arsenal, 
        Alabama;
            (2) by striking the item relating to Fort Wainwright, 
        Alaska;
            (3) in the item relating to Fort Irwin, California, by 
        striking ``$18,200,000'' in the amount column and inserting 
        ``$10,000,000'';
            (4) in the item relating to Fort Carson, Colorado, by 
        striking ``$30,800,000'' in the amount column and inserting 
        ``$24,000,000'';
            (5) in the item relating to Fort Leavenworth, Kansas, by 
        striking ``$23,200,000'' in the amount column and inserting 
        ``$15,000,000'';
            (6) in the item relating to Fort Riley, Kansas, by striking 
        ``$47,400,000'' in the amount column and inserting 
        ``$37,200,000'';
            (7) in the item relating to Fort Campbell, Kentucky, by 
        striking ``$135,300,000'' in the amount column and inserting 
        ``$115,400,000'';
            (8) by striking the item relating to Fort Polk, Louisiana;
            (9) by striking the item relating to Aberdeen Proving 
        Ground, Maryland;
            (10) by striking the item relating to Fort Detrick, 
        Maryland;
            (11) by striking the item relating to Detroit Arsenal, 
        Michigan;
            (12) in the item relating to Fort Leonard Wood, Missouri, by 
        striking ``$34,500,000'' in the amount column and inserting 
        ``$17,000,000'';
            (13) by striking the item relating to Picatinny Arsenal, New 
        Jersey;
            (14) in the item relating to Fort Drum, New York, by 
        striking ``$218,600,000'' in the amount column and inserting 
        ``$209,200,000'';
            (15) in the item relating to Fort Bragg, North Carolina, by 
        striking ``$96,900,000'' in the amount column and inserting 
        ``$89,000,000'';
            (16) by striking the item relating to Letterkenny Depot, 
        Pennsylvania;
            (17) by striking the item relating to Corpus Christi Army 
        Depot, Texas;
            (18) by striking the item relating to Fort Bliss, Texas;

[[Page 122 STAT. 508]]

            (19) in the item relating to Fort Hood, Texas, by striking 
        ``$93,000,000'' in the amount column and inserting 
        ``$75,000,000'';
            (20) by striking the item relating to Red River Depot, 
        Texas; and
            (21) by striking the item relating to Fort Lee, Virginia.

    (b) Conforming Amendments.--Section 2104(a) of such Act (120 Stat. 
2447) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$3,518,450,000'' and inserting ``$3,275,700,000''; and
            (2) in paragraph (1), by striking ``$1,362,200,000'' and 
        inserting ``$1,119,450,000''.

SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION AUTHORIZATION 
            ACT FOR FISCAL YEAR 2007.

    (a) Location of Project in Romania.--The table in section 2101(b) of 
the Military Construction Authorization Act for 2007 (division B of 
Public Law 109-364; 120 Stat. 2446) is amended by striking ``Babadag 
Range'' and inserting ``Mihail Kogalniceanu Air Base''.
    (b) Spelling Error Relating to Army Family Housing.--The table in 
section 2102(a) of the Military Construction Authorization Act for 2007 
(division B of Public Law 109-364; 120 Stat. 2446) is amended by 
striking ``Fort McCoyine'' and inserting ``Fort McCoy''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
            2006 PROJECT.

    (a) Modification.--The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3485) is amended in the item relating to 
Fort Bragg, North Carolina, by striking ``$301,250,000'' in the amount 
column and inserting ``$308,250,000''.
    (b) Conforming Amendments.--Section 2104(b)(5) of that Act (119 
Stat. 3488) is amended by striking ``$77,400,000'' and inserting 
``$84,400,000''.

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
            PROJECT.

    (a) Extension and Renewal.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), the authorization set forth in 
the table in subsection (b), as provided in section 2101 of that Act 
(118 Stat. 2101), shall remain in effect until October 1, 2008, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

              Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
    Installation or Location             Project              Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii.....  Training facility......     $35,542,000
------------------------------------------------------------------------

[[Page 122 STAT. 509]]

SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL, 
            FLORIDA.

    (a) Ground Lease Authorized.--The Secretary of the Army may utilize 
the State of Florida property as described in sublease number 4489-01, 
entered into between the State of Florida and the United States (in this 
section referred to as the ``ground lease''), for the purpose of 
constructing a consolidated headquarters facility for the United States 
Southern Command (SOUTHCOM).
    (b) Additional Terms and Conditions.--The Secretary of the Army may 
carry out the project to construct a new headquarters on property leased 
from the State of Florida when the following conditions have been met 
regarding the lease for the property:
            (1) The United States Government shall have the right to use 
        the property without interruption until at least December 31, 
        2055.
            (2) The United States Government shall have the right to use 
        the property for general administrative purposes in the event 
        the United States Southern Command relocates or vacates the 
        property.

    (c) Authority To Obtain Ground Lease of Adjacent Property.--The 
Secretary may obtain the ground lease of additional real property owned 
by the State of Florida that is adjacent to the real property leased 
under the ground lease for purposes of completing the construction of 
the SOUTHCOM headquarters facility, as long as the additional terms of 
the ground lease required by subsection (b) apply to such adjacent 
property.
    (d) Limitation.--The Secretary may not obligate or expend funds 
appropriated pursuant to the authorization of appropriations in section 
2104(a)(1) for the construction of the SOUTHCOM headquarters facility 
authorized under section 2101(a) until the Secretary transmits to the 
congressional defense committees a modification to the ground lease 
signed by the United States Government and the State of Florida in 
accordance with subsection (b).

                            TITLE XXII--NAVY

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

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:

[[Page 122 STAT. 510]]

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Outlying Field Evergreen.....................        $9,560,000
Arizona........................................  Marine Corps Air Station, Yuma...............       $33,720,000
California.....................................  Marine Corps Air Station, Miramar............       $26,760,000
                                                 Marine Corps Base, Camp Pendleton............      $264,360,000
                                                 Marine Corps Base, Twentynine Palms..........      $142,619,000
                                                 Naval Station, San Diego.....................        $3,000,000
                                                 Naval Support Activity, Monterey.............        $9,780,000
                                                 Submarine Base, San Diego....................       $23,630,000
Connecticut....................................  Submarine Base, New London...................       $21,160,000
Florida........................................  Marine Corps Logistics Base, Blount Island...       $10,240,000
                                                 Naval Support Activity, Cape Canaveral.......        $9,900,000
                                                 Naval Surface Warfare Center, Panama City....       $13,870,000
                                                 Naval Training Center, Corry Field...........        $3,140,000
Georgia........................................  Marine Corps Logistics Base..................        $9,980,000
Hawaii.........................................  Marine Corps Air Station, Kaneohe............       $37,961,000
                                                 Naval Base, Pearl Harbor.....................       $99,860,000
                                                 Naval Station Pearl Harbor, Wahiawa..........       $65,410,000
                                                 Pearl Harbor Naval Shipyard..................       $30,200,000
Illinois.......................................  Naval Training Center, Great Lakes...........       $10,221,000
Indiana........................................  Naval Support Activity, Crane................       $23,800,000
Maine..........................................  Portsmouth Naval Shipyard....................        $9,700,000
Maryland.......................................  Naval Air Warfare Center, Patuxent River.....       $38,360,000
                                                 Naval Surface Warfare Center, Indian Head....        $9,450,000
Mississippi....................................  Naval Air Station, Meridian..................        $6,770,000
Nevada.........................................  Naval Air Station, Fallon....................       $11,460,000
New Jersey.....................................  Naval Air Warfare Center, Lakehurst..........        $4,100,000
North Carolina.................................  Marine Corps Air Station, Cherry Point.......       $28,610,000
                                                 Marine Corps Air Station, New River..........       $58,700,000
                                                 Marine Corps Base, Camp Lejeune..............      $248,930,000
Rhode Island...................................  Naval Station, Newport.......................       $13,760,000
South Carolina.................................  Marine Corps Air Station, Beaufort...........       $10,300,000
                                                 Marine Corps Recruit Depot, Parris Island....       $55,282,000
Texas..........................................  Naval Air Station, Corpus Christi............       $14,290,000
Virginia.......................................  Marine Corps Base, Quantico..................       $50,519,000
                                                 Naval Station, Norfolk.......................       $79,560,000
                                                 Naval Support Activity, Chesapeake...........        $8,450,000
                                                 Naval Surface Warfare Center, Dahlgren.......       $10,000,000
Washington.....................................  Naval Air Station, Whidbey Island............       $34,520,000
                                                 Naval Station, Bremerton.....................      $190,960,000
                                                 Naval Station, Everett.......................       $10,940,000
                                                 Naval Station, Kitsap........................        $6,130,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Bahrain......................  Southwest Asia...........     $35,500,000
Diego Garcia.................  Naval Support Facility,        $7,150,000
                                Diego Garcia.
Djibouti.....................  Camp Lemonier............     $22,390,000

[[Page 122 STAT. 511]]

 
Guam.........................  Naval Activities, Guam...    $278,818,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(a)(3), the Secretary 
of the Navy may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amount set forth in the following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
Worldwide Unspecified........  Wharf Utilities Upgrade..      $8,900,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(6)(A), the Secretary of the Navy may construct or acquire family 
housing units (including land acquisition and supporting facilities) at 
the installations, in the number of units, and in the amounts set forth 
in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                Location                           Installation                    Units              Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Twentynine Palms...............  N/A..................      $4,800,000
Mariana Islands.........................  Naval Activities, Guam.........  73...................     $57,167,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)(6)(A), the Secretary 
of the Navy may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of military family housing units in an amount not to exceed 
$3,172,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $237,990,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2007, for military 
construction, land acquisition, and military family housing functions of 
the Department of the Navy in the total amount of $2,885,317,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $1,628,762,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $292,946,000.

[[Page 122 STAT. 512]]

            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), $11,600,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $10,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $113,017,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $293,129,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $371,404,000.
            (7) For the construction of increment 2 of the construction 
        of an addition to the National Maritime Intelligence Center, 
        Suitland, Maryland, authorized by section 2201(a) of the 
        Military Construction Authorization Act for Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2448), $52,069,000.
            (8) For the construction of increment 3 of recruit training 
        barracks infrastructure upgrade at Recruit Training Command, 
        Great Lakes, Illinois, authorized by section 2201(a) of the 
        Military Construction Authorization Act for Fiscal Year 2006 
        (division B of Public Law 109-163; 119 Stat. 3490), $16,650,000.
            (9) For the construction of increment 3 of wharf upgrades at 
        Yokosuka, Japan, authorized by section 2201(b) of the Military 
        Construction Authorization Act of Fiscal Year 2006 (division B 
        of Public Law 109-163; 119 Stat. 3490), $8,750,000.
            (10) For the construction of increment 2 of the Bachelor 
        Enlisted Quarters Homeport Ashore Program at Bremerton, 
        Washington (formerly referred to as a project at Naval Station, 
        Everett), authorized by section 2201(a) of the Military 
        Construction Authorization Act of Fiscal Year 2006 (division B 
        of Public Law 109-163; 119 Stat. 3490), $47,240,000.
            (11) For the construction of increment 4 of the limited area 
        production and storage complex at Naval Submarine Base, Kitsap, 
        Bangor, Washington (formerly referred to as a project at the 
        Strategic Weapons Facility Pacific, Bangor), authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
        2105), as amended by section 2206 of the Military Construction 
        Authorization Act for Fiscal Year 2006 (division B of Public Law 
        109-163; 119 Stat. 3493), $39,750,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1), (2), and (3) of subsection (a).
            (2) $50,000,000 (the balance of the amount authorized under 
        section 2201(a) for a submarine drive-in magnetic silencing 
        facility in Pearl Harbor, Hawaii).
            (3) $50,912,000 (the balance of the amount authorized under 
        section 2201(b) for construction of a wharf extension in Apra 
        Harbor, Guam).

[[Page 122 STAT. 513]]

            (4) $71,200,000 (the balance of the amount authorized under 
        section 2201(a) for a nuclear aircraft carrier maintenance pier 
        at Naval Station Bremerton, Washington).

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 NAVY 
            PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

    (a) Termination of Inside the United States Projects.--The table in 
section 2201(a) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2449) is 
amended--
            (1) in the item relating to Marine Corps Base, Twentynine 
        Palms, California, by striking ``$27,217,000'' in the amount 
        column and inserting ``$8,217,000'';
            (2) by striking the item relating to Naval Support Activity, 
        Monterey, California;
            (3) by striking the item relating to Naval Submarine Base, 
        New London, Connecticut;
            (4) by striking the item relating to Cape Canaveral, 
        Florida;
            (5) in the item relating to Marine Corps Logistics Base, 
        Albany, Georgia, by striking ``$70,540,000'' in the amount 
        column and inserting ``$62,000,000'';
            (6) by striking the item relating to Naval Magazine, Pearl 
        Harbor, Hawaii;
            (7) by striking the item relating to Naval Shipyard, Pearl 
        Harbor, Hawaii;
            (8) by striking the item relating to Naval Support Activity, 
        Crane, Indiana;
            (9) by striking the item relating to Portsmouth Naval 
        Shipyard, Maine;
            (10) by striking the item relating to Naval Air Station, 
        Meridian, Mississippi;
            (11) by striking the item relating to Naval Air Station, 
        Fallon, Nevada;
            (12) by striking the item relating to Marine Corps Air 
        Station, Cherry Point, North Carolina;
            (13) by striking the item relating to Naval Station, 
        Newport, Rhode Island;
            (14) in the item relating to Marine Corps Air Station, 
        Beaufort, South Carolina, by striking ``$25,575,000'' in the 
        amount column and inserting ``$22,225,000'';
            (15) by striking the item relating to Naval Special Weapons 
        Center, Dahlgren, Virginia;
            (16) in the item relating to Naval Support Activity, 
        Norfolk, Virginia, by striking ``$41,712,000'' in the amount 
        column and inserting ``$28,462,000'';
            (17) in the item relating to Naval Air Station, Whidbey 
        Island, Washington, by striking ``$67,303,000'' in the amount 
        column and inserting ``$57,653,000''; and
            (18) in the item relating to Naval Base, Kitsap, Washington, 
        by striking ``$17,617,000'' in the amount column and inserting 
        ``$13,507,000''.

    (b) Termination of Military Family Housing Projects.--Section 
2204(a)(6)(A) of such Act (120 Stat. 2450) is amended by striking 
``$308,956,000'' and inserting ``$305,256,000''.
    (c) Conforming Amendments.--Section 2204(a) of such Act (120 Stat. 
2450) is amended--

[[Page 122 STAT. 514]]

            (1) in the matter preceding paragraph (1), by striking 
        ``$2,109,367,000'' and inserting ``$1,946,867,000''; and
            (2) in paragraph (1), by striking ``$832,982,000'' and 
        inserting ``$674,182,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
            2005 PROJECT.

    (a) Modification.--The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2105), as amended by section 2206 of the 
Military Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3493) and section 2205 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2452), is amended--
            (1) in the item relating to Strategic Weapons Facility 
        Pacific, Bangor, Washington, by striking ``$147,760,000'' in the 
        amount column and inserting ``$295,000,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$972,719,000''.

    (b) Conforming Amendment.--Section 2204 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2107), as amended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3493) and section 2205 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2453), is amended in subsection (b)(6), by 
striking ``$95,320,000'' and inserting ``$259,320,000''.

SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING 
            LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA.

    (a) Repeal of Authorization.--The table in section 2201(a) of the 
Military Construction Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108-136; 117 Stat. 1704) is amended by striking the item 
relating to Navy Outlying Landing Field, Washington County, North 
Carolina, as added by section 2205(a) of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2452).
    (b) Repeal of Incremental Funding Authority.--Section 2204(b) of 
that Act (117 Stat. 1706) is amended by striking paragraph (6).
    (c) Effect of Repeal.--The amendments made by this section do not 
affect the expenditure of funds obligated, before the effective date of 
this title, for the construction of the Navy Outlying Landing Field, 
Washington County, North Carolina, or the acquisition of real property 
to facilitate such construction.

                         TITLE XXIII--AIR FORCE

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

[[Page 122 STAT. 515]]

Sec. 2307. Extension of authorizations of certain fiscal year 2005 
           projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004 
           projects.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
            PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the Secretary 
of the Air Force may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Alaska......................  Elmendorf Air Force Base       $83,180,000
Arizona.....................  Davis-Monthan Air Force        $11,200,000
                               Base.
                              Luke Air Force Base.....        $5,500,000
Arkansas....................  Little Rock Air Force          $19,600,000
                               Base.
California..................  Travis Air Force Base...       $37,400,000
Colorado....................  Fort Carson.............       $13,500,000
                              Schriever Air Force Base       $24,500,000
                              United States Air Force        $15,000,000
                               Academy.
District of Columbia........  Bolling Air Force Base..        $2,500,000
Florida.....................  Eglin Air Force Base....      $158,300,000
                              MacDill Air Force Base..       $60,500,000
                              Patrick Air Force Base..       $11,854,000
                              Tyndall Air Force Base..       $52,514,000
Georgia.....................  Moody Air Force Base....        $7,500,000
                              Robins Air Force Base...       $19,700,000
Hawaii......................  Hickam Air Force Base...       $31,971,000
Illinois....................  Scott Air Force Base....       $24,900,000
Kansas......................  Fort Riley..............       $12,515,000
                              McConnell Air Force Base        $6,300,000
Massachusetts...............  Hanscom Air Force Base..       $12,800,000
Mississippi.................  Columbus Air Force Base.        $9,800,000
Missouri....................  Whiteman Air Force Base.       $11,400,000
Montana.....................  Malmstrom Air Force Base        $7,000,000
Nebraska....................  Offutt Air Force Base...       $16,952,000
Nevada......................  Nellis Air Force Base...        $4,950,000
New Mexico..................  Cannon Air Force Base...        $1,688,000
                              Kirtland Air Force Base.       $15,100,000
North Dakota................  Grand Forks Air Force          $13,000,000
                               Base.
                              Minot Air Force Base....       $18,200,000
Oklahoma....................  Altus Air Force Base....        $2,000,000
                               Tinker Air Force Base..       $34,600,000
                              Vance Air Force Base....        $7,700,000
South Carolina..............  Charleston Air Force           $11,000,000
                               Base.
                              Shaw Air Force Base.....        $9,300,000
South Dakota................  Ellsworth Air Force Base       $16,600,000
Texas.......................  Goodfellow Air Force            $5,800,000
                               Base.
                              Lackland Air Force Base.       $14,000,000
                              Laughlin Air Force Base.        $5,200,000
                              Randolph Air Force Base.        $2,950,000
                              Shepard Air Force Base..        $7,000,000
Utah........................  Hill Air Force Base.....       $25,999,000
Washington..................  Fairchild Air Force Base        $6,200,000
Wyoming.....................  Francis E. Warren Air          $14,600,000
                               Force Base.
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2),

[[Page 122 STAT. 516]]

the Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........     $48,209,000
Guam.........................  Andersen Air Force Base..     $15,816,000
Qatar........................  Al Udeid Air Base........     $22,300,000
Spain........................  Moron Air Base...........      $1,800,000
United Kingdom...............  Royal Air Force               $17,300,000
                                Lakenheath.
                               Royal Air Force Menwith       $41,000,000
                                Hill Station.
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(3), the Secretary of 
the Air Force may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amount set forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
Worldwide Classified.........  Classified Project.......      $1,500,000
                               Classified-Special            $12,328,000
                                Evaluation Program.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(6)(A), 
the Secretary of the Air Force may construct or acquire family housing 
units (including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amounts 
set forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country                   Installation or Location             Units             Amount
----------------------------------------------------------------------------------------------------------------
Germany.................................  Ramstein Air Base................  117................     $56,275,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2304(6)(A), the Secretary of 
the Air Force may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of military family housing units in an amount not to exceed 
$12,210,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(6)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $259,262,000.

[[Page 122 STAT. 517]]

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Air Force in the total amount of $2,175,829,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $872,273,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $146,425,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $13,828,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $15,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $43,721,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $327,747,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $688,335,000.
            (7) For the construction of increments 3 and 4 of the main 
        base runway at Edwards Air Force Base, California, authorized by 
        section 2301(a) of the Military Construction Authorization Act 
        for Fiscal Year 2006 (division B of Public Law 109-163; 119 
        Stat. 3494), $43,500,000.
            (8) For the construction of increment 3 of the CENTCOM Joint 
        Intelligence Center at MacDill Air Force Base, Florida, 
        authorized by section 2301(a) of the Military Construction 
        Authorization Act for Fiscal Year 2006 (division B of Public Law 
        109-163; 119 Stat. 3494), as amended by section 2305 of the 
        Military Construction Authorization Act for Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2456), $25,000,000.

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 AIR 
            FORCE PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

    (a) Termination of Inside the United States Projects.--The table in 
section 2301(a) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2453) is 
amended--
            (1) in the item relating to Elmendorf, Alaska, by striking 
        ``$68,100,000'' in the amount column and inserting 
        ``$56,100,000'';
            (2) in the item relating to Davis-Monthan Air Force Base, 
        Arizona, by striking ``$11,800,000'' in the amount column and 
        inserting ``$4,600,000'';
            (3) by striking the item relating to Little Rock Air Force 
        Base, Arkansas;
            (4) in the item relating to Travis Air Force Base, 
        California, by striking ``$85,800,000'' in the amount column and 
        inserting ``$73,900,000'';

[[Page 122 STAT. 518]]

            (5) by striking the item relating to Peterson Air Force 
        Base, Colorado;
            (6) in the item relating to Dover Air Force, Delaware, by 
        striking ``$30,400,000'' in the amount column and inserting 
        ``$26,400,000'';
            (7) in the item relating to Eglin Air Force Base, Florida, 
        by striking ``$30,350,000'' in the amount column and inserting 
        ``$19,350,000'';
            (8) in the item relating to Tyndall Air Force Base, Florida, 
        by striking ``$8,200,000'' in the amount column and inserting 
        ``$1,800,000'';
            (9) in the item relating to Robins Air Force Base, Georgia, 
        by striking ``$59,600,000'' in the amount column and inserting 
        ``$38,600,000'';
            (10) in the item relating to Scott Air Force Base, Illinois, 
        by striking ``$28,200,000'' in the amount column and inserting 
        ``$20,000,000'';
            (11) by striking the item relating to McConnell Air Force 
        Base, Kansas;
            (12) by striking the item relating to Hanscom Air Force 
        Base, Massachusetts;
            (13) by striking the item relating to Whiteman Air Force 
        Base, Missouri;
            (14) by striking the item relating to Malmstrom Air Force 
        Base, Montana;
            (15) in the item relating to McGuire Air Force Base, New 
        Jersey, by striking ``$28,500,000'' in the amount column and 
        inserting ``$15,500,000'';
            (16) by striking the item relating to Kirtland Air Force 
        Base, New Mexico;
            (17) by striking the item relating to Minot Air Force Base, 
        North Dakota;
            (18) in the item relating to Altus Air Force Base, Oklahoma, 
        by striking ``$9,500,000'' in the amount column and inserting 
        ``$1,500,000'';
            (19) by striking the item relating to Tinker Air Force Base, 
        Oklahoma;
            (20) by striking the item relating to Charleston Air Force 
        Base, South Carolina;
            (21) in the item relating to Shaw Air Force Base, South 
        Carolina, by striking ``$31,500,000'' in the amount column and 
        inserting ``$22,200,000'';
            (22) by striking the item relating to Ellsworth Air Force 
        Base, South Dakota;
            (23) by striking the item relating to Laughlin Air Force 
        Base, Texas;
            (24) by striking the item relating to Sheppard Air Force 
        Base, Texas;
            (25) in the item relating to Hill Air Force Base, Utah, by 
        striking ``$63,400,000'' in the amount column and inserting 
        ``$53,400,000''; and
            (26) by striking the item relating to Fairchild Air Force 
        Base, Washington.

    (b) Conforming Amendments.--Section 2304(a) of such Act (120 Stat. 
2455) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$3,231,442,000'' and inserting ``$3,005,817,000''; and

[[Page 122 STAT. 519]]

            (2) in paragraph (1), by striking ``$962,286,000'' and 
        inserting ``$736,661,000''.

    (c) Exception.--The termination of the authorization of a military 
construction project or land acquisition as a result of the amendment 
made by subsection (a) shall not apply with respect to a military 
construction project or land acquisition--
            (1) that was authorized by section 2301(a) of such Act; and
            (2) for which a contract for the construction or acquisition 
        was entered into before October 1, 2007.

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
            2006 PROJECTS.

    (a) Further Modification of Inside the United States Project.--The 
table in section 2301(a) of the Military Construction Authorization Act 
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), 
as amended by section 2305(a) of the Military Construction Authorization 
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
2456), is further amended--
            (1) in the item relating to Edwards Air Force Base, 
        California, by striking ``$103,000,000'' in the amount column 
        and inserting ``$111,500,000''; and
            (2) in the item relating to MacDill Air Force Base, Florida, 
        by striking ``$101,500,000'' in the amount column and inserting 
        ``$126,500,000''.

    (b) Conforming Amendments.--Section 2304(b) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3496), as amended by section 2305(b) of 
the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2456), is further amended--
            (1) in paragraph (3), by striking ``$66,000,000'' and 
        inserting ``$74,500,000''; and
            (2) in paragraph (4), by striking ``$23,300,000'' and 
        inserting ``$48,300,000''.

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
            PROJECTS.

    (a) Extension and Renewal.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), the authorizations set forth in 
the table in subsection (b), as provided in section 2302 of that Act 
(118 Stat. 2110), shall remain in effect until October 1, 2008, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

           Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
    Installation or Location             Project              Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base,    Family housing (250         $48,500,000
 Arizona.                         units).
Vandenberg Air Force Base,       Family housing (120         $30,906,000
 California.                      units).
MacDill Air Force Base, Florida  Family housing (61          $21,723,000
                                  units).

[[Page 122 STAT. 520]]

 
                                 Housing maintenance          $1,250,000
                                  facility.
Columbus Air Force Base,         Housing management             $711,000
 Mississippi.                     facility.
Whiteman Air Force Base,         Family housing (160         $37,087,000
 Missouri.                        units).
Seymour Johnson Air Force Base,  Family housing (167         $32,693,000
 North Carolina.                  units).
Goodfellow Air Force Base,       Family housing (127         $20,604,000
 Texas.                           units).
Ramstein Air Base, Germany.....  USAFE Theater Aerospace     $24,024,000
                                  Operations Support
                                  Center.
------------------------------------------------------------------------

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004 
            PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1716), authorizations set forth in the 
table in subsection (b), as provided in section 2302 of that Act (117 
Stat. 1710) and extended by section 2702 of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2464), shall remain in effect until October 1, 2008, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

           Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
    Installation or Location             Project              Amount
------------------------------------------------------------------------
Travis Air Force Base,           Family housing (56          $12,723,000
 California.                      units).
Eglin Air Force Base, Florida..  Family housing (279         $32,166,000
                                  units).
------------------------------------------------------------------------

                      TITLE XXIV--DEFENSE AGENCIES

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

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION 
            PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following tables:

[[Page 122 STAT. 521]]

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
North Carolina...............................  Marine Corps Base, Camp Lejeune..................      $2,014,000
----------------------------------------------------------------------------------------------------------------

                                           Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia...........................  Bolling Air Force Base.........................      $1,012,000
----------------------------------------------------------------------------------------------------------------

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California...................................  Port Loma Annex..................................    $140,000,000
Florida......................................  Naval Air Station, Key West......................      $1,874,000
Hawaii.......................................  Hickam Air Force Base............................     $11,900,000
New Mexico...................................  Kirtland Air Force Base..........................      $1,800,000
Ohio.........................................  Defense Supply Center, Columbus..................      $4,000,000
Pennsylvania.................................  Defense Distribution Depot, New Cumberland.......     $21,000,000
Virginia.....................................  Fort Belvoir.....................................      $5,000,000
----------------------------------------------------------------------------------------------------------------

                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Maryland.....................................  Fort Meade.......................................     $11,901,000
----------------------------------------------------------------------------------------------------------------

                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California...................................  Marine Corps Base, Camp Pendleton................     $20,030,000
                                               Naval Amphibious Base, Coronodo..................     $12,000,000
Florida......................................  Hurlburt Field...................................     $29,111,000
                                               MacDill Air Force Base...........................     $47,700,000
Georgia......................................  Fort Benning.....................................     $35,000,000
                                               Hunter Army Air Field............................     $13,800,000
Kentucky.....................................  Fort Campbell....................................     $53,500,000
Mississippi..................................  Stennis Space Center.............................     $10,200,000
New Mexico...................................  Cannon Air Force Base............................      $7,500,000
North Carolina...............................  Fort Bragg.......................................     $47,250,000
                                               Marine Corps Base, Camp Lejeune..................     $28,210,000
Virginia.....................................  Dam Neck.........................................    $113,800,000
                                               Naval Amphibious Base, Little Creek..............     $48,000,000
Washington...................................  Fort Lewis.......................................     $77,000,000
----------------------------------------------------------------------------------------------------------------

                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Florida......................................  MacDill Air Force Base...........................      $5,000,000
Illinois.....................................  Naval Hospital, Great Lakes......................     $99,000,000
New York.....................................  Fort Drum........................................     $41,000,000
Texas........................................  Camp Bullis......................................      $7,400,000

[[Page 122 STAT. 522]]

 
Virginia.....................................  Naval Station, Norfolk...........................      $6,450,000
Washington...................................  Fort Lewis.......................................     $21,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Belgium.......................................  Sterrebeek......................................      $5,992,000
Germany.......................................  Ramstein Air Base...............................      $5,393,000
                                                Wiesbaden Air Base..............................     $20,472,000
----------------------------------------------------------------------------------------------------------------

                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.......................................  Southwest Asia..................................     $19,000,000
Qatar.........................................  Al Udeid AB.....................................     $52,852,000
----------------------------------------------------------------------------------------------------------------

                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Germany.......................................  Spangdahlem Air Base............................     $30,100,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(3), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amount set forth in the following table:

                                     Defense Agencies: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                    Location                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified...........................  Classified Project.............................      $1,887,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(7), the Secretary of Defense may carry 
out energy conservation projects under chapter 173 of title 10, United 
States Code, in the amount of $70,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2007, for

[[Page 122 STAT. 523]]

military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $1,763,120,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $791,902,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $133,809,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $1,887,000.
            (4) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, $23,711,000.
            (5) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $5,000,000.
            (6) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $155,569,000.
            (7) For energy conservation projects authorized by section 
        2402 of this Act, $70,000,000.
            (8) For military family housing functions:
                    (A) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $48,848,000.
                    (B) For credit to the Department of Defense Family 
                Housing Improvement Fund established by section 
                2883(a)(1) of title 10, United States Code, $500,000.
            (9) For the construction of increment 3 of the regional 
        security operations center at Kunia, Hawaii, authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 
        3497), as amended by section 7017 of the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485), 
        $136,318,000.
            (10) For the construction of increment 3 of the regional 
        security operations center at Augusta, Georgia, authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 
        3497), as amended by section 7016 of the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485), 
        $100,000,000.
            (11) For the construction of increment 2 of the health 
        clinic replacement at MacDill Air Force Base, Florida, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act of Fiscal Year 2007 (division B of Public Law 
        109-364; 120 Stat. 2457), $41,400,000.
            (12) For the construction of increment 2 of the replacement 
        of the Army Medical Research Institute of Infectious Diseases at 
        Fort Detrick, Maryland, authorized by section 2401(a) of the 
        Military Construction Authorization Act of Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2457), 
        $150,000,000.
            (13) For the construction of increment 9 of a munitions 
        demilitarization facility at Pueblo Chemical Activity, Colorado, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 1997 (division B of Public

[[Page 122 STAT. 524]]

        Law 104-201; 110 Stat. 2775), as amended by section 2406 of the 
        Military Construction Authorization Act for Fiscal Year 2000 
        (division B of Public Law 106-65; 113 Stat. 839) and section 
        2407 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        $35,159,000.
            (14) For the construction of increment 8 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public Law 
        106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2002 
        (division B of Public Law 107-107; 115 Stat. 1298) and section 
        2405 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        $69,017,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1), (2), and (3) of subsection (a).
            (2) $84,300,000 (the balance of the amount authorized for 
        the Defense Logistics Agency under section 2401(a) for the 
        replacement of fuel storage facilities, Point Loma Annex, 
        California).
            (3) $47,250,000 (the balance of the amount authorized for 
        the Special Operations Command under section 2401(a) for a 
        special operations forces operations facility at Dam Neck, 
        Virginia).

SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
            FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.

    (a) Termination of Projects for Which Funds Were Not Appropriated.--
The table relating to Special Operations Command in section 2401(a) of 
the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2457) is amended--
            (1) by striking the item relating to Stennis Space Center, 
        Mississippi; and
            (2) in the item relating to Fort Bragg, North Carolina, by 
        striking ``$51,768,000'' in the amount column and inserting 
        ``$44,868,000''.

    (b) Modification of Authority to Carry Out Certain Base Closure and 
Realignment Activities.--Section 2405(a)(7) of that Act (120 Stat. 2460) 
is amended by striking ``$191,220,000'' and inserting ``$252,279,000''.
    (c) Modification of Munitions Demilitarization Facility Project.--
Section 2405(a)(15) of that Act (120 Stat. 2461) is amended by striking 
``$99,157,000'' and inserting ``$89,157,000''.
    (d) Conforming Amendments.--Section 2405(a) of that Act (120 Stat. 
2460) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$7,163,431,000'' and inserting ``$7,197,390,000''; and

[[Page 122 STAT. 525]]

            (2) in paragraph (1), by striking ``$533,099,000'' and 
        inserting ``$515,999,000''.

SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS ARMY DEPOT, 
            KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY, COLORADO.

    (a) Munitions Demilitarization Facility, Blue Grass Army Depot.--
            (1) Authority to increase amount for construction.--
        Consistent with the total project amount authorized for the 
        construction a munitions demilitarization facility at Blue Grass 
        Army Depot, Kentucky, by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 2000 (division B 
        of Public Law 106-65; 113 Stat. 836), as amended by section 2405 
        of the Military Construction Authorization Act for Fiscal Year 
        2002 (division B of Public Law 107-107; 115 Stat. 1298) and 
        section 2405 of the Military Construction Authorization Act for 
        Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
        2698), the Secretary of Defense may transfer amounts of 
        authorizations made available by section 2403(a)(1) of this Act 
        to increase amounts available for the construction of increment 
        8 of such munitions demilitarization facility.
            (2) Aggregate limit.--The aggregate amount of authorizations 
        that the Secretary may transfer under the authority of this 
        subsection may not exceed $17,300,000.

    (b) Munitions Demilitarization Facility, Pueblo Chemical Activity.--
            (1) Authority to increase amount for construction.--
        Consistent with the total project amount authorized for the 
        construction a munitions demilitarization facility at Pueblo 
        Chemical Activity, Colorado, by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 1997 (Public Law 
        104-201; 110 Stat. 2775), as amended by section 2406 of the 
        Military Construction Authorization Act for Fiscal Year 2000 
        (division B of Public Law 106-65; 113 Stat. 839) and section 
        2407 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        the Secretary of Defense may transfer amounts of authorizations 
        made available by section 2403(a)(1) of this Act to increase 
        amounts available for the construction of increment 9 of such 
        munitions demilitarization facility.
            (2) Aggregate limit.--The aggregate amount of authorizations 
        that the Secretary may transfer under the authority of this 
        subsection may not exceed $32,000,000.

    (c) Certification Requirement.--Before exercising the authority 
provided in subsection (a) or (b), the Secretary of Defense shall 
provide to the congressional defense committees--
            (1) a certification that the transfer under such subsection 
        of amounts authorized to be appropriated is in the best interest 
        of national security; and
            (2) a statement that the increased amount authorized to be 
        appropriated will be used to carry out authorized military 
        construction activities.

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
            PROJECTS.

    (a) Extension and Renewal.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2005

[[Page 122 STAT. 526]]

(division B of Public Law 108-375; 118 Stat. 2116), the authorizations 
set forth in the table in subsection (b), as provided in section 2401 of 
that Act (118 Stat. 2112), shall remain in effect until October 1, 2008, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

       Defense Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
     Installation or Location        Agency and Project       Amount
------------------------------------------------------------------------
Naval Air Station, Oceana,         DLA bulk fuel storage      $3,589,000
 Virginia.                          tank.
Naval Air Station, Jacksonville,   TMA hospital project.     $28,438,000
 Florida.
------------------------------------------------------------------------

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to exceed 
the sum of the amount authorized to be appropriated for this purpose in 
section 2502 and the amount collected from the North Atlantic Treaty 
Organization as a result of construction previously financed by the 
United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment Program authorized by 
section 2501, in the amount of $201,400,000.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

[[Page 122 STAT. 527]]

Sec. 2609. Extension of authorizations of certain fiscal year 2005 
           projects.
Sec. 2610. Extension of authorizations of certain Fiscal Year 2004 
           projects.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
            ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army National Guard locations, and in the amounts, set forth in the 
following table:

                           Army National Guard
------------------------------------------------------------------------
             State                        Location              Amount
------------------------------------------------------------------------
Alabama.......................  Springville................   $3,300,000
Arizona.......................  Florence...................  $10,870,000
Arkansas......................  Camp Robinson..............  $25,823,000
California....................  Camp Roberts...............   $2,850,000
                                Sacramento Army Depot......  $21,000,000
Connecticut...................  Niantic....................  $13,600,000
Florida.......................  Camp Blanding..............  $15,524,000
                                Jacksonville...............  $12,200,000
Idaho.........................  Gowen Field................   $7,615,000
                                Orchard Training Area......   $1,700,000
Illinois......................  St. Clair County...........   $8,100,000
Indiana.......................  Muscatatuck................   $4,996,000
Iowa..........................  Iowa City..................  $13,186,000
Kentucky......................  London.....................   $2,427,000
Michigan......................  Camp Grayling..............   $2,450,000
                                Lansing....................   $4,239,000
Minnesota.....................  Camp Ripley................  $17,450,000
Mississippi...................  Camp Shelby................   $4,000,000
Missouri......................  Whiteman Air Force Base....  $30,000,000
North Carolina................  Asheville..................   $3,733,000
North Dakota..................  Camp Grafton...............  $33,416,000
Oregon........................  Ontario....................  $11,000,000
Pennsylvania..................  Carlisle...................   $7,800,000
                                East Fallowfield Township..   $8,300,000
                                Fort Indiantown Gap........   $9,500,000
                                Gettysburg.................   $6,300,000
                                Graterford.................   $7,300,000
                                Hanover....................   $5,500,000
                                Hazelton...................   $5,600,000
                                Holidaysburg...............   $9,400,000
                                Huntingdon.................   $7,500,000
                                Kutztown...................   $6,800,000
                                Lebanon....................   $7,800,000
                                Philadelphia...............  $13,650,000
                                Waynesburg.................   $9,000,000
Rhode Island..................  East Greenwich.............   $8,200,000
                                North Kingstown............  $33,000,000
Texas.........................  Camp Bowie.................   $1,500,000
                                Fort Wolters...............   $2,100,000
Utah..........................  North Salt Lake............  $12,200,000
Vermont.......................  Ethan Allen Range..........   $1,996,000
Virginia......................  Fort Pickett...............  $26,211,000
                                Winchester.................   $3,113,000
West Virginia.................  Camp Dawson................   $9,400,000
Wyoming.......................  Camp Guernsey..............   $2,650,000
------------------------------------------------------------------------

[[Page 122 STAT. 528]]

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
            PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army Reserve locations, and in the amounts, set forth in the 
following table:

                              Army Reserve
------------------------------------------------------------------------
             State                        Location              Amount
------------------------------------------------------------------------
California....................  BT Collins.................   $6,874,000
                                Fort Hunter Liggett........   $7,035,000
                                Garden Grove...............  $25,440,000
Montana.......................  Butte......................   $7,629,000
New Jersey....................  Fort Dix...................  $22,900,000
New York......................  Fort Drum..................  $15,923,000
Texas.........................  Ellington Field............  $15,000,000
                                Fort Worth.................  $15,076,000
Wisconsin.....................  Ellsworth..................   $9,100,000
                                Fort McCoy.................   $8,523,000
------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION 
            AND LAND ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(a)(2), the Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the Navy Reserve and Marine Corps Reserve locations, and in the amounts, 
set forth in the following table:

                  Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
             State                        Location              Amount
------------------------------------------------------------------------
California....................  Miramar....................   $5,580,000
Michigan......................  Selfridge..................   $4,030,000
Ohio..........................  Wright-Patterson Air Force   $10,277,000
                                 Base.
Oregon........................  Portland...................   $1,900,000
South Dakota..................  Sioux Falls................   $3,730,000
Texas.........................  Austin.....................   $6,490,000
                                Fort Worth.................  $27,484,000
Virginia......................  Quantico...................   $2,410,000
------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
            ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the Air National Guard locations, and in the amounts, set forth in the 
following table:

                           Air National Guard
------------------------------------------------------------------------
            State                        Location              Amount
------------------------------------------------------------------------
Colorado.....................  Buckley Air National Guard     $7,300,000
                                Base.
Delaware.....................  New Castle.................   $10,800,000

[[Page 122 STAT. 529]]

 
Florida......................  Jacksonville International     $6,000,000
                                Airport.
Georgia......................  Savannah International         $9,000,000
                                Airport.
Indiana......................  Hulman Regional Airport....    $7,700,000
Kansas.......................  Smoky Hill Air National        $9,000,000
                                Guard Range.
Louisiana....................  Camp Beauregard............    $1,800,000
Massachusetts................  Otis Air National Guard        $1,800,000
                                Base.
                               Barnes Air National Guard      $7,300,000
                                Base.
Mississippi..................  Key Field..................    $6,100,000
Nebraska.....................  Lincoln....................    $8,900,000
Nevada.......................  Reno-Tahoe International       $5,200,000
                                Airport.
New Hampshire................  Pease Air National Guard       $8,900,000
                                Base.
New Jersey...................  Atlantic City..............    $9,800,000
New York.....................  Gabreski Airport...........    $8,400,000
                               Griffiss...................    $6,600,000
                               Hancock Field..............    $5,100,000
North Carolina...............  Charlotte..................    $4,000,000
Ohio.........................  Rickenbacker Air National      $7,600,000
                                Guard Base.
Pennsylvania.................  Fort Indiantown Gap........   $12,700,000
                               Harrisburg.................    $1,000,000
Rhode Island.................  Quonset State Airport......    $5,000,000
South Dakota.................  Joe Foss Field.............    $7,900,000
Tennessee....................  Lovell Field...............    $8,200,000
                               McGhee-Tyson Airport.......    $3,200,000
                               Memphis International         $11,376,000
                                Airport.
Texas........................  Ellington Field............    $7,200,000
Vermont......................  Burlington.................    $6,600,000
West Virginia................  Eastern WV Regional Airport   $50,776,000
                               Yeager.....................   $17,300,000
Wisconsin....................  Truax Field................    $7,000,000
------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
            ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the Air Force Reserve locations, and in the amounts, set forth in the 
following table:

                           Air Force Reserve
------------------------------------------------------------------------
             State                        Location              Amount
------------------------------------------------------------------------
Alaska........................  Elmendorf Air Force Base...  $14,950,000
Utah..........................  Hill Air Force Base........   $3,200,000
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), in the following amounts:
            (1) For the Department of the Army--

[[Page 122 STAT. 530]]

                    (A) for the Army National Guard of the United 
                States, $536,656,000; and
                    (B) for the Army Reserve, $148,133,000.
            (2) For the Department of the Navy, for the Navy and Marine 
        Corps Reserve, $64,430,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United States, 
                $287,537,000; and
                    (B) for the Air Force Reserve, $28,359,000.

SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 GUARD 
            AND RESERVE PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

    Section 2601 of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2463) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking 
                ``$561,375,000'' and inserting ``$476,697,000''; and
                    (B) in subparagraph (B), by striking 
                ``$190,617,000'' and inserting ``$167,987,000'';
            (2) in paragraph (2), by striking ``49,998,000'' and 
        inserting ``$43,498,000''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking 
                ``$294,283,000'' and inserting ``$133,983,000''; and
                    (B) in subparagraph (B), by striking ``$56,836,000'' 
                and inserting ``$47,436,000''.

SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2006 AIR 
            FORCE RESERVE CONSTRUCTION AND ACQUISITION PROJECTS.

    Section 2601(3)(B) of the Military Construction Authorization Act 
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3501) 
is amended by striking ``$105,883,000'' and inserting ``$102,783,000''.

SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
            PROJECTS.

    (a) Extension and Renewal.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), the authorizations set forth in 
the tables in subsection (b), as provided in section 2601 of that Act 
(118 Stat. 2115), shall remain in effect until October 1, 2008, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:

      Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
     Installation or Location             Project             Amount
------------------------------------------------------------------------
Dublin, California...............  Readiness center.....     $11,318,000
Gary, Indiana....................  Reserve center.......      $9,380,000
------------------------------------------------------------------------

[[Page 122 STAT. 531]]

          Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
     Installation or Location             Project             Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas.  Storage facility.....      $9,038,000
------------------------------------------------------------------------

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004 
            PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1716), the authorizations set forth in the 
table in subsection (b), as provided in section 2601 of that Act (117 
Stat. 1715) and extended by section 2702 of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2464), shall remain in effect until October 1, 2008, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2009, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

      Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
    Installation or Location             Project              Amount
------------------------------------------------------------------------
Albuquerque, New Mexico........  Readiness center.......      $2,533,000
Fort Indiantown Gap,             Multi-purpose training      $15,338,000
 Pennsylvania.                    range.
------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

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

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
            REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE 
            BASE CLOSURE ACCOUNT 1990.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for base closure and realignment 
activities, including real property acquisition and military

[[Page 122 STAT. 532]]

construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $295,689,000, as follows:
            (1) For the Department of the Army, $98,716,000.
            (2) For the Department of the Navy, $50,000,000.
            (3) For the Department of the Air Force, $143,260,000.
            (4) For the Defense Agencies, $3,713,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
            THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry out 
base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $8,718,988,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
            REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE 
            BASE CLOSURE ACCOUNT 2005.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the total amount of $8,040,401,000, as follows:
            (1) For the Department of the Army, $4,015,746,000.
            (2) For the Department of the Navy, $733,695,000.
            (3) For the Department of the Air Force, $1,183,812,000.
            (4) For the Defense Agencies, $2,241,062,000.

    (b) General Reduction.--The amount otherwise authorized to be 
appropriated by subsection (a) is reduced by $133,914,000.

SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR MILITARY 
            CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS RELATED TO 
            BASE CLOSURES AND REALIGNMENTS.

    (a) Variations Authorized.--Section 2905A of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended by adding at the end the 
following new subsection:
    ``(f) Authorized Cost and Scope of Work Variations.--(1) Subject to 
paragraphs (2) and (3), the cost authorized for a military construction 
project or military family housing project to be carried out using funds 
in the Account may not be increased or reduced by more than 20 percent 
or $2,000,000, whichever is greater, of the amount specified for the 
project in the conference report to accompany the Military Construction 
Authorization Act authorizing

[[Page 122 STAT. 533]]

the project. The scope of work for such a project may not be reduced by 
more than 25 percent from the scope specified in the most recent budget 
documents for the projects listed in such conference report.
    ``(2) Paragraph (1) shall not apply to a military construction 
project or military family housing project to be carried out using funds 
in the Account with an estimated cost of less than $5,000,000, unless 
the project has not been previously identified in any budget submission 
for the Account and exceeds the applicable minor construction threshold 
under section 2805 of title 10, United States Code.
    ``(3) The limitation on cost or scope variation in paragraph (1) 
shall not apply if the Secretary of Defense makes a determination that 
an increase or reduction in cost or a reduction in the scope of work for 
a military construction project or military family housing project to be 
carried out using funds in the Account needs to be made for the sole 
purpose of meeting unusual variations in cost or 
scope. <<NOTE: Notification. Deadlines.>> If the Secretary makes such a 
determination, the Secretary shall notify the congressional defense 
committees of the variation in cost or scope not later than 21 days 
before the date on which the variation is made in connection with the 
project or, if the notification is provided in an electronic medium 
pursuant to section 480 of title 10, United States Code, not later than 
14 days before the date on which the variation is made. The Secretary 
shall include the reasons for the variation in the notification.''.

    (b) Report on Existing Projects.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report specifying all military 
construction projects and military family housing projects carried out 
using funds in the Department of Defense Base Closure Account 2005 for 
which a cost or scope of work variation was made before that date that 
would have been subject to subsection (f) of section 2905A of the 
Defense Base Closure and Realignment Act of 1990, as added by this 
section, if such subsection had been in effect when the cost or scope of 
work variation was made. The Secretary shall include a description of 
each variation covered by the report and the reasons for the variation.

SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE 
            ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING FUNDS.

    (a) Transfer Authority.--Subsection (c) of section 2883 of title 10, 
United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following new 
        subparagraph:
            ``(G) Subject to subsection (f), any amounts that the 
        Secretary of Defense transfers to that Fund from amounts in the 
        Department of Defense Base Closure Account 2005.''; and
            (2) in paragraph (2), by adding at the end the following new 
        subparagraph:
            ``(G) Subject to subsection (f), any amounts that the 
        Secretary of Defense transfers to that Fund from amounts in the 
        Department of Defense Base Closure Account 2005.''.

    (b) Notification and Justification for Transfer.--Subsection (f) of 
such section is amended--

[[Page 122 STAT. 534]]

            (1) by striking ``paragraph (1)(B) or (2)(B)'' and inserting 
        ``subparagraph (B) or (G) of paragraph (1) or subparagraph (B) 
        or (G) of paragraph (2)''; and
            (2) by adding at the end the following new sentence: ``In 
        addition, the notice required in connection with a transfer 
        under subparagraph (G) of paragraph (1) or subparagraph (G) of 
        paragraph (2) shall include a certification that the amounts to 
        be transferred from the Department of Defense Base Closure 
        Account 2005 were specified in the conference report to 
        accompany the most recent Military Construction Authorization 
        Act.''.

SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO ENSURE TIMELY 
            IMPLEMENTATION OF 2005 DEFENSE BASE CLOSURE AND REALIGNMENT 
            COMMISSION RECOMMENDATIONS.

    The Secretary of Defense shall submit to Congress with the budget 
materials for fiscal year 2009 a comprehensive accounting of the funding 
required to ensure that the plan for implementing the final 
recommendations of the 2005 Defense Base Closure and Realignment 
Commission remains on schedule for completion by September 15, 2011, as 
required by section 2904(c)(5) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note).

SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES ARMY RESERVE 
            CENTER AND NAVY-MARINE CORPS RESERVE CENTER, BATON ROUGE, 
            LOUISIANA.

    The Secretary of the Army may use funds appropriated pursuant to the 
authorization of appropriations in paragraphs (1) and (2) of section 
2703 for the purpose of siting an Army Reserve Center and Navy and 
Marine Corps Reserve Center on land under the control of the State of 
Louisiana adjacent to, or in the vicinity of, the Baton Rouge 
Metropolitan Airport in Baton Rouge, Louisiana, at a location determined 
by the Secretary to be in the best interest of national security and in 
the public interest.

SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS PART 
            OF THE REALIGNMENT OF THE INSTALLATION.

    (a) Acquisition Authority.--Pursuant to section 2905(a)(1)(A) of the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), the relocation of members 
of the Armed Forces and civilian employees of the Department of Defense 
who are scheduled to be relocated to Fort Belvoir, Virginia, shall be 
limited to the following locations:
            (1) Fort Belvoir.
            (2) A parcel of real property consisting of approximately 
        69.5 acres, under the administrative jurisdiction of the 
        Administrator of General Services (in this section referred to 
        as the ``Administrator'') and containing warehouse facilities in 
        Springfield, Virginia (in this section referred to as the ``GSA 
        Property'').
            (3) Any other parcels of land (using including any 
        improvement thereon) that are acquired, using competitive 
        procedures, in fee in the vicinity of Fort Belvoir.

    (b) Acquisition Selection Criteria.--The Secretary of the Army shall 
select the site to be used under subsection (a) based

[[Page 122 STAT. 535]]

on the best value to the Government, and, in making that determination, 
the Secretary shall consider cost and schedule.
    (c) GSA Property Transfer Authorized.--Pursuant to the relocation 
alternative authorized by subsection (a)(2), the Administrator may 
transfer the GSA Property to the administrative jurisdiction of the 
Secretary of the Army for the purpose of permitting the Secretary to 
construct facilities on the property to support administrative functions 
to be located at Fort Belvoir, Virginia.
    (d) Implementation of GSA Property Transfer.--
            (1) Consideration.--As consideration for the transfer of the 
        GSA Property under subsection (c), the Secretary of the Army 
        shall--
                    (A) pay all reasonable costs to move personnel, 
                furnishings, equipment, and other material related to 
                the relocation of functions identified by the 
                Administrator; and
                    (B) if determined to be necessary by the 
                Administrator--
                          (i) transfer to the administrative 
                      jurisdiction of the Administrator a parcel of 
                      property in the National Capital Region under the 
                      jurisdiction of the Secretary and determined to be 
                      suitable by the Administrator;
                          (ii) design and construct storage facilities, 
                      utilities, security measures, and access to a road 
                      infrastructure on the parcel transferred under 
                      clause (i) to meet the requirements of the 
                      Administrator; and
                          (iii) enter into a memorandum of agreement 
                      with the Administrator for support services and 
                      security at the new facilities constructed 
                      pursuant to clause (ii).
            (2) Equal value transfer.--As a condition of the transfer of 
        the GSA Property under subsection (c), the transfer agreement 
        shall provide that the fair market value of the GSA Property and 
        the consideration provided under paragraph (1) shall be equal 
        or, if not equal, shall be equalized through the use of a cash 
        equalization payment.
            (3) Description of property.--The exact acreage and legal 
        description of the GSA Property shall be determined by surveys 
        satisfactory to the Administrator and the Secretary of the Army.
            (4) Congressional notice.--Before undertaking an activity 
        under subsection (c) that would require approval of a prospectus 
        under section 3307 of title 40, United States Code, the 
        Administrator shall provide to the Committee on Transportation 
        and Infrastructure of the House of Representatives, the 
        Committee on Environment and Public Works of the Senate, and the 
        congressional defense committees a written notice containing a 
        description of the activity to be undertaken.
            (5) No effect on compliance with environmental laws.--
        Nothing in this section or subsection (c) may be construed to 
        affect or limit the application of or obligation to comply with 
        any environmental law, including section 120(h) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9620(h)).
            (6) Additional terms and conditions.--The Administrator and 
        the Secretary of the Army may require such additional terms and 
        conditions in connection with the GSA Property transfer as the 
        Administrator, in consultation with the

[[Page 122 STAT. 536]]

        Secretary, determines appropriate to protect the interests of 
        the United States and further the purposes of this section.

    (e) Administration of Transferred or Acquired Property.--Upon 
completion of any property transfer or acquisition authorized by 
subsection (a), the property shall be administered by the Secretary of 
the Army as a part of Fort Belvoir.
    (f) Status Report.--Not later than March 1, 2008, the Secretary of 
the Army shall submit to the congressional defense committees a report 
on the status and estimated costs of implementing subsection (a).

SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE AND 
            FACILITIES TO SUPPORT BASE REALIGNMENT.

    (a) Sense of Congress.--
            (1) Designation of defense access roads.--It is the sense of 
        Congress that roads leading onto Fort Belvoir, Virginia, and 
        other military installations that will be significantly impacted 
        by an increase in the number of members of the Armed Forces and 
        civilian employees of the Department of Defense assigned to the 
        installation as a result of the 2005 round of defense base 
        closures and realignments under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 101-
        510; 10 U.S.C. 2687 note) or any other significant impact 
        resulting from a realignment of forces should be considered for 
        designation as defense access roads for purposes of section 210 
        of title 23, United States Code.
            (2) Facilities and infrastructure.--It is the sense of 
        Congress that the Secretary of Defense should seek to ensure 
        that the permanent facilities and infrastructure necessary to 
        support the mission of the Armed Forces and the quality of life 
        needs of members of the Armed Forces, civilian employees, and 
        their families are ready for use at receiving locations before 
        units are transferred to such locations as a result of the 2005 
        round of defense base closures and realignments.

    (b) Study of Military Infrastructure and Surface Transportation 
Infrastructure.--Not later than April 1, 2008, the Comptroller General 
shall submit to the congressional defense committees a report with 
regard to each military installation that will be significantly impacted 
by an increase in assigned forces or civilian personnel, as described in 
subsection (a), for the purpose of determining whether--
            (1) military facility requirements (including quality of 
        life projects) will be met before the arrival of assigned 
        forces; and
            (2) the Department of Defense has programmed sufficient 
        funding to mitigate community traffic congestion in accordance 
        with the defense access roads program under section 210 of title 
        23, United States Code.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Authority to use operation and maintenance funds for 
           construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military 
           construction.

[[Page 122 STAT. 537]]

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

         Subtitle B--Real Property and Facilities Administration

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

                      Subtitle C--Land Conveyances

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

                       Subtitle D--Energy Security

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

                        Subtitle E--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to 
           Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to 
           Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the 
           Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation 
           of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto 
           Rico.
Sec. 2877. Establishment of national military working dog teams monument 
           on suitable military installation.

[[Page 122 STAT. 538]]

Sec. 2878. Report required prior to removal of missiles from 564th 
           Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of 
           Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical 
           Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster 
           response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor 
           of the Honorable Joel Hefley, a former member of the United 
           States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock 
           Island, Illinois, in honor of the Honorable Lane Evans, a 
           former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research 
           Site, Rome, New York, in honor of the Honorable Sherwood L. 
           Boehlert, a former member of the United States House of 
           Representatives.
Sec. 2885. Naming of administration building at Joint Systems 
           Manufacturing Center, Lima, Ohio, in honor of the Honorable 
           Michael G. Oxley, a former member of the United States House 
           of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army 
           Quartermaster Center and School, Fort Lee, Virginia, in honor 
           of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, 
           Maryland.

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

SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
            CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.

    (a) One-Year Extension of Authority.--Subsection (a) of section 2808 
of the Military Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108-136; 117 Stat. 1723), as amended by 
section 2810 of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section 
2809 of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3508), and section 2802 of 
the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2466), is further amended 
by striking ``2007'' and inserting ``2008''.
    (b) Prenotification Requirement.--Subsection (b) of such section is 
amended by striking the first sentence and inserting the following new 
sentences: ``Before using appropriated funds available for operation and 
maintenance to carry out a construction project outside the United 
States that has an estimated cost in excess of the amounts authorized 
for unspecified minor military construction projects under section 
2805(c) of title 10, United States Code, the Secretary of Defense shall 
submit to the congressional committees specified in subsection (f) a 
notice regarding the construction project. The project may be carried 
out only after the end of the 10-day period beginning on the date the 
notice is received by the committees or, if earlier, the end of the 7-
day period beginning on the date on which a copy of the notification is 
provided in an electronic medium pursuant to section 480 of title 10, 
United States Code.''.
    (c) Annual Limitation on Use of Authority.--Subsection (c) of such 
section is amended to read as follows:
    ``(c) Annual Limitation on Use of Authority.--The total cost of the 
construction projects carried out under the authority

[[Page 122 STAT. 539]]

of this section using, in whole or in part, appropriated funds available 
for operation and maintenance shall not exceed $200,000,000 in a fiscal 
year.''.
    (d) Conforming Amendment.--Subsection (g) of such section is amended 
by striking ``notice of the'' and inserting ``advance notice of the 
proposed''.
    (e) Ratification of Proposed Construction and Land Acquisition 
Projects Using Fiscal Year 2007 Operation and Maintenance Funds.--The 
nine construction projects outside the United States proposed to be 
carried out using funds appropriated to the Department of Defense for 
operation and maintenance for fiscal year 2007, but for which the 
obligation or expenditure of funds was prohibited by subsection (g) of 
section 2808 of the Military Construction Authorization Act for Fiscal 
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as added 
by section 2809 of the Military Construction Authorization Act for 
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), may 
be carried out using such funds after the date of the enactment of this 
Act notwithstanding such subsection (g).

SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF MILITARY 
            CONSTRUCTION.

    (a) Clarification of Requirement for Authorization.--Section 2802(a) 
of title 10, United States Code, is amended by inserting after 
``military construction projects'' the following: ``, land acquisitions, 
and defense access road projects (as described under section 210 of 
title 23)''.
    (b) Clarification of Definition.--Section 2801(a) of such title is 
amended by inserting after ``permanent requirements'' the following: ``, 
or any acquisition of land or construction of a defense access road (as 
described in section 210 of title 23)''.

SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY 
            CONSTRUCTION PROJECTS.

    Section 2805(a)(1) of title 10, United States Code, is amended by 
striking ``$1,500,000'' and inserting ``$2,000,000''.

SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT 
            OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR MILITARY 
            CONSTRUCTION PROJECTS.

    (a) Laboratory Revitalization.--Section 2805 of title 10, United 
States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Laboratory Revitalization.--(1) For the revitalization and 
recapitalization of laboratories owned by the United States and under 
the jurisdiction of the Secretary concerned, the Secretary concerned may 
obligate and expend--
            ``(A) from appropriations available to the Secretary 
        concerned for operation and maintenance, amounts necessary to 
        carry out an unspecified minor military construction project 
        costing not more than $2,000,000; or
            ``(B) from appropriations available to the Secretary 
        concerned for military construction not otherwise authorized by 
        law, amounts necessary to carry out an unspecified minor 
        military construction project costing not more than $4,000,000.

[[Page 122 STAT. 540]]

    ``(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. <<NOTE: Procedures.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Expiration date.>> The authority to carry out a 
project under this subsection expires on September 30, 2012.''.

    (b) Stylistic Amendments.--Such section is further amended--
            (1) in subsection (a), by inserting ``Authority to Carry Out 
        Unspecified Minor Military Construction Projects.--'' after 
        ``(a)'';
            (2) in subsection (b), by inserting ``Approval and 
        Congressional Notification.--'' after ``(b)'';
            (3) in subsection (c), by inserting ``Use of Operation and 
        Maintenance Funds.--'' after ``(c)''; and
            (4) in subsection (e), as redesignated by subsection (a)(1), 
        by inserting ``Prohibition on Use for New Housing Units.--'' 
        after ``(e)''.

SEC. 2805. <<NOTE: 10 USC 18240 note.>> EXTENSION OF AUTHORITY TO ACCEPT 
            EQUALIZATION PAYMENTS FOR FACILITY EXCHANGES.

    Section 2809(c)(5) of the Military Construction Authorization Act 
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2127) 
is amended by striking ``September 30, 2007'' and inserting ``September 
30, 2010''.

SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.

    (a) Increased Maximum Lease Amount Applicable to Certain Domestic 
Army Family Housing Leases.--Subsection (b) of section 2828 of title 10, 
United States Code, is amended--
            (1) in paragraph (2), by striking ``paragraphs (3) and (4)'' 
        and inserting ``paragraphs (3), (4), and (7)'';
            (2) in paragraph (5), by striking ``paragraphs (2) and (3)'' 
        and inserting ``paragraphs (2), (3), and (7)''; and
            (3) by adding at the end the following new paragraph:

    ``(7)(A) Not more than 600 housing units may be leased by the 
Secretary of the Army under subsection (a) for which the expenditure for 
the rental of such units (including the cost of utilities, maintenance, 
and operation) exceeds the maximum amount per unit per year in effect 
under paragraph (2) but does not exceed

[[Page 122 STAT. 541]]

$18,620 per unit per year, as adjusted from time to time under paragraph 
(5).
    ``(B) <<NOTE: Applicability.>> The maximum lease amount provided in 
subparagraph (A) shall apply only to Army family housing in areas 
designated by the Secretary of the Army.

    ``(C) The term of a lease under subparagraph (A) may not exceed 2 
years.''.
    (b) Foreign Military Family Housing Leases.--Subsection (e)(2) of 
such section is amended by striking ``the Secretary of the Navy may 
lease not more than 2,800 units of family housing in Italy, and the 
Secretary of the Army may lease not more than 500 units of family 
housing in Italy'' and inserting ``the Secretaries of the military 
departments may lease not more than 3,300 units of family housing in 
Italy''.
    (c) Increased Threshold for Congressional Notification for Foreign 
Military Family Housing Leases.--Subsection (f) of such section is 
amended by striking ``$500,000'' and inserting ``$1,000,000''.
    (d) Report Required.--Not later than March 1, 2008, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the rental of family housing in foreign countries (including the costs 
of utilities, maintenance, and operations) that exceed $60,000 per unit 
per year. The report shall include a list and description of rental 
units (including total gross square feet and number of bedrooms), 
location, rental cost, the requirement for the rental, and the options 
that the Secretary has available to decrease the costs associated with 
the rentals.

SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT 
            FACILITIES.

    Section 18240(a) of title 10, United States Code, is amended by 
striking ``with a State'' in the first sentence and inserting ``with an 
Executive agency (as defined in section 105 of title 5), the United 
States Postal Service, or a State''.

SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION 
            AND IMPROVEMENT OF MILITARY HOUSING FOR PRIVATIZATION OF 
            TEMPORARY LODGING FACILITIES.

    (a) Limitation on Privatization of Temporary Lodging Facilities.--
Notwithstanding any other provision of subchapter IV of chapter 169 of 
title 10, United States Code, the privatization of temporary lodging 
facilities under such subchapter is limited to the military 
installations authorized in subsection (b) until 120 days after the date 
on which the report described in subsection (d)(1) is submitted.
    (b) Authorized Installations.--The military installations at which 
the privatization of temporary lodging facilities may proceed under 
subsection (a) are the following:
            (1) Redstone Arsenal, Alabama.
            (2) Fort Rucker, Alabama.
            (3) Yuma Proving Ground, Arizona.
            (4) Fort McNair, District of Columbia.
            (5) Fort Shafter, Hawaii.
            (6) Tripler Army Medical Center, Hawaii.
            (7) Fort Leavenworth, Kansas.
            (8) Fort Riley, Kansas.
            (9) Fort Polk, Louisiana.

[[Page 122 STAT. 542]]

            (10) Fort Sill, Oklahoma.
            (11) Fort Hood, Texas.
            (12) Fort Sam Houston, Texas.
            (13) Fort Myer, Virginia.

    (c) Effect of Limitation.--The limitation imposed by subsection (a) 
prohibits the issuance of contract solicitations for the privatization 
of temporary lodging facilities at any military installation not 
specified in subsection (b).
    (d) Reporting Requirements.--
            (1) Report by secretary of the army.--Not earlier than eight 
        months after the date on which the notice of transfer associated 
        with the military installations specified in subsection (b) is 
        issued, the Secretary of the Army shall submit to the 
        congressional defense committees and the Comptroller General a 
        report that--
                    (A) describes the implementation of the 
                privatization of temporary lodging facilities at the 
                installations specified in subsection (b);
                    (B) evaluates the efficiency of the program; and
                    (C) contains such recommendations as the Secretary 
                considers appropriate regarding expansion of the 
                program.
            (2) Report by comptroller general.--Not later than 90 days 
        after receiving the report under paragraph (1), the Comptroller 
        General shall submit to the congressional defense committees a 
        review of both the privatization of temporary lodging facilities 
        and the report of the Secretary.

SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR MILITARY 
            CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT 
            CENTERS.

    (a) Extension.--Subsection (e) of section 2810 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3510) is amended by striking ``September 
30, 2007'' and inserting ``September 30, 2009''.
    (b) Report Required.--Subsection (d) of such section is amended by 
striking ``March 1, 2007'' and inserting ``March 1, 2009''.

SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

    (a) Report Required.--Not later than March 31, 2008, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing--
            (1) a list of all housing privatization transactions carried 
        out by the Department of Defense that, as of such date, are 
        behind schedule or in default; and
            (2) recommendations regarding the opportunities for the 
        Federal Government to ensure that all terms of each housing 
        privatization transaction are completed according to the 
        original schedule and budget.

    (b) Specific Information Regarding Each Transaction.--For each 
housing privatization transaction included in the report required by 
subsection (a), the report shall provide a description of the following:
            (1) The reasons for schedule delays, cost overruns, or 
        default.
            (2) How solicitations and competitions were conducted for 
        the project.

[[Page 122 STAT. 543]]

            (3) How financing, partnerships, legal arrangements, leases, 
        or contracts in relation to the project were structured.
            (4) Which entities, including Federal entities, are bearing 
        financial risk for the project, and to what extent.
            (5) The remedies available to the Federal Government to 
        restore the transaction to schedule or ensure completion of the 
        terms of the transaction in question at the earliest possible 
        time.
            (6) The extent to which the Federal Government has the 
        ability to affect the performance of various parties involved in 
        the project.
            (7) The remedies available to subcontractors to recoup liens 
        in the case of default, non-payment by the developer or other 
        party to the transaction or lease agreement, or re-structuring.
            (8) The remedies available to the Federal Government to 
        affect receivership actions or transfer of ownership of the 
        project.
            (9) The names of the developers for the project and any 
        history of previous defaults or bankruptcies by these developers 
        or their affiliates.

    (c) Housing Privatization Transaction Defined.--In this section, the 
term ``housing privatization transaction'' means any contract or other 
transaction for the construction or acquisition of military family 
housing or military unaccompanied housing entered into under the 
authority of subchapter IV of chapter 169 of title 10, United States 
Code.

         Subtitle B--Real Property and Facilities Administration

SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING IN 
            ANNUAL COSTS OF MORE THAN $750,000.

    (a) Inclusion of Transactions Involving Defense Agencies.--
            (1) Requirement to report.--Subsection (a) of section 2662 
        of title 10, United States Code, is amended--
                    (A) in paragraph (1), by striking ``, or his 
                designee,'' and inserting ``or, with respect to a 
                Defense Agency, the Secretary of Defense''; and
                    (B) in paragraph (3), by inserting after ``military 
                department'' the following: ``or the Secretary of 
                Defense''.
            (2) Annual report regarding minor transactions.--Subsection 
        (b) of such section is amended by inserting after ``military 
        department'' the following: ``and, with respect to Defense 
        Agencies, the Secretary of Defense''.
            (3) Exceptions.--Subsection (g) of such section is amended 
        by adding at the end the following new paragraph:

    ``(4) In this subsection, the term `Secretary concerned' includes, 
with respect to Defense Agencies, the Secretary of Defense.''.
    (b) Inclusion of Additional Transaction.--Subsection (a)(1) of such 
section is amended by adding at the end the following new subparagraph:
            ``(G) Any transaction or contract action that results in, or 
        includes, the acquisition or use by, or the lease or license to, 
        the United States of real property, if the estimated annual

[[Page 122 STAT. 544]]

        rental or cost for the use of the real property is more than 
        $750,000.''.

SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT 
            SUBSTANTIVE CHANGE.

    (a) Consolidation.--Section 2663 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) Land Acquisition Options in Advance of Military Construction 
Projects.--(1) The Secretary of a military department may acquire an 
option on a parcel of real property before or after its acquisition is 
authorized by law, if the Secretary considers it suitable and likely to 
be needed for a military project of the military department under the 
jurisdiction of the Secretary.
    ``(2) As consideration for an option acquired under paragraph (1), 
the Secretary may pay, from funds available to the military department 
under the jurisdiction of the Secretary for real property activities, an 
amount that is not more than 12 percent of the appraised fair market 
value of the property.''.
    (b) Repeal of Superseded Provision.--
            (1) Repeal.--Section 2677 of such title is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 159 of such title is amended by striking 
        the item relating to section 2677.

SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF THE 
            MILITARY DEPARTMENTS.

    (a) Elimination of Authority to Accept Facilities Operation Support 
as In-Kind Consideration.--Subsection (c)(1) of section 2667 of title 
10, United States Code, is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by striking subparagraph (D) and inserting the following 
        new subparagraphs:
            ``(D) Provision or payment of utility services for the 
        Secretary concerned.
            ``(E) Provision of real property maintenance services for 
        the Secretary concerned.''.

    (b) Elimination of Authority to Use Rental and Certain Other 
Proceeds for Facilities Operation Support.--Subsection (e)(1)(C) of such 
section is amended--
            (1) by adjusting the margins of clauses (ii) and (iii) to 
        conform to the margin of clause (i); and
            (2) by striking clause (iv) and inserting the following new 
        clauses:
            ``(iv) Payment of utility services.
            ``(v) Real property maintenance services.''.

    (c) Use of Competitive Procedures for Selection of Certain 
Lessees.--Subsection (h) of such section is amended--
            (1) in paragraph (1), by striking ``exceeds one year, and 
        the fair market value of the lease'' and inserting ``exceeds one 
        year, or the fair market value of the lease'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by striking paragraph (2) and inserting the following 
        new paragraphs:

    ``(2) Paragraph (1) does not apply if the Secretary concerned 
determines that--
            ``(A) a public interest will be served as a result of the 
        lease; and

[[Page 122 STAT. 545]]

            ``(B) the use of competitive procedures for the selection of 
        certain lessees is unobtainable or not compatible with the 
        public benefit served under subparagraph (A).

    ``(3) <<NOTE: Deadline. Notification.>> Not later than 45 days 
before entering into a lease described in paragraph (1), the Secretary 
concerned shall submit to Congress written notice describing the terms 
of the proposed lease and--
            ``(A) the competitive procedures used to select the lessee; 
        or
            ``(B) in the case of a lease involving the public benefit 
        exception authorized by paragraph (2), a description of the 
        public benefit to be served by the lease.''.

    (d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is amended--
            (1) in paragraph (1)(B)(ii), by striking ``paragraph (4), 
        (5), or (6)'' and inserting ``paragraph (3), (4), or (5)''; and
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (3), (4), and (5).

SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL 
            RESOURCES ON CERTAIN SITES OUTSIDE MILITARY INSTALLATIONS.

    (a) Expanded Authority.--Section 2684 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by striking ``on military 
        installations'' and inserting ``located on a site authorized by 
        subsection (b)'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Authorized Cultural Resources Sites.--To be covered by a 
cooperative agreement under subsection (a), cultural resources must be 
located--
            ``(1) on a military installation; or
            ``(2) on a site outside of a military installation, but only 
        if the cooperative agreement will directly relieve or eliminate 
        current or anticipated restrictions that would or might 
        restrict, impede, or otherwise interfere, whether directly or 
        indirectly, with current or anticipated military training, 
        testing, or operations on a military installation.''.

    (b) Cultural Resource Defined.--Subsection (d) of such section, as 
redesignated by subsection (a)(2), is amended by adding at the end the 
following new paragraph:
            ``(5) An Indian sacred site, as defined in section 1(b)(iii) 
        of Executive Order No. 13007.''.

SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON 
            MILITARY TRAINING, TESTING, AND OPERATIONS.

    (a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a of title 10, United States Code, is 
amended--
            (1) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):

    ``(3) An agreement with an eligible entity under this section may 
provide for the management of natural resources on real property in 
which the Secretary concerned acquires any right, title,

[[Page 122 STAT. 546]]

or interest in accordance with this subsection and for the payment by 
the United States of all or a portion of the costs of such natural 
resource management if the Secretary concerned determines that there is 
a demonstrated need to preserve or restore habitat for the purpose 
described in subsection (a)(2).''.
    (b) Limitation on Portion of Acquisition Costs Borne by United 
States.--Paragraph (4) of such subsection, as redesignated by subsection 
(a)(1), is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E);
            (2) in subparagraph (C), by striking ``equal to the fair 
        market value'' and all that follows through the period at the 
        end and inserting ``equal to, at the discretion of the Secretary 
        concerned--
            ``(i) the fair market value of any property or interest in 
        property to be transferred to the United States upon the request 
        of the Secretary concerned under paragraph (5); or
            ``(ii) the cumulative fair market value of all properties or 
        interests to be transferred to the United States under paragraph 
        (5) pursuant to an agreement under subsection (a).''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:

    ``(D) The portion of acquisition costs borne by the United States 
under subparagraph (A) may exceed the amount determined under 
subparagraph (C), but only if--
            ``(i) <<NOTE: Notification.>> the Secretary concerned 
        provides written notice to the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of the House of 
        Representatives containing--
                    ``(I) <<NOTE: Certification.>> a certification by 
                the Secretary that the military value to the United 
                States of the property or interest to be acquired 
                justifies a payment in excess of the fair market value 
                of the property or interest; and
                    ``(II) a description of the military value to be 
                obtained; and
            ``(ii) the contribution toward the acquisition costs of the 
        property or interest is not made until at least 14 days after 
        the date on which the notice is submitted under clause (i) or, 
        if earlier, at least 10 days after the date on which a copy of 
        the notice is provided in an electronic medium pursuant to 
        section 480 of this title.''.

SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM 
            FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR MILITARY 
            INSTALLATIONS.

    (a) Expansion of Pilot Program.--Section 325 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 10 U.S.C. 2461 note) is amended--
            (1) in the section heading, by striking ``army'' and 
        inserting ``military'';
            (2) in subsection (a)--
                    (A) by striking ``Secretary of the Army'' and 
                inserting ``Secretary of a military department''; and
                    (B) by striking ``an Army installation'' and 
                inserting ``a military installation under the 
                jurisdiction of the Secretary''; and

[[Page 122 STAT. 547]]

            (3) in subsection (d), by striking ``The Secretary'' and 
        inserting ``The Secretary of a military department''.

    (b) Participating Installations.--Subsection (c) of such section is 
amended by striking ``two Army installations'' and inserting ``three 
military installations from each military service''.
    (c) Extension of Duration of Program.--Such section is further 
amended by striking subsections (e) and (f) and inserting the following 
new subsection:
    ``(e) Termination of Pilot Program.--The pilot program shall 
terminate on September 30, 2012. Any contract entered into under the 
pilot program shall terminate not later than that date.''.

SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR NATIONAL 
            GUARD BASE.

    The Secretary of Defense shall prohibit the use of Selfridge Air 
National Guard Base by commercial service aircraft.

SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO PROTECT 
            INSTALLATIONS, RANGES, AND MILITARY AIRSPACE FROM 
            ENCROACHMENT.

    (a) Findings.--In light of the initial report of the Department of 
Defense submitted pursuant to section 2684a(g) of title 10, United 
States Code, and of the RAND Corporation report entitled ``The Thin 
Green Line: An Assessment of DoD's Readiness and Environmental 
Protection Initiative to Buffer Installation Encroachment'', Congress 
makes the following findings:
            (1) Development and loss of habitat in the vicinity of, or 
        in areas ecologically related to, military installations, 
        ranges, and airspace pose a continuing and significant threat to 
        the readiness of the Armed Forces.
            (2) The Range Sustainability Program (RSP) of the Department 
        of Defense, and in particular the Readiness and Environmental 
        Protection Initiative (REPI) involving agreements pursuant to 
        section 2684a of title 10, United States Code, have been 
        effective in addressing this threat to readiness with regard to 
        a number of important installations, ranges, and airspace.
            (3) The opportunities to take effective action to protect 
        installations, ranges, and airspace from encroachment is in many 
        cases transient, and delay in taking action will result in 
        either higher costs or permanent loss of the opportunity 
        effectively to address encroachment.

    (b) Sense of Congress.--It is the sense of Congress that the 
Department of Defense should--
            (1) develop additional policy guidance on the further 
        implementation of the Readiness and Environmental Protection 
        Initiative (REPI), to include additional emphasis on protecting 
        biodiversity and on further refining procedures;
            (2) give greater emphasis to effective cooperation and 
        collaboration on matters of mutual concern with other Federal 
        agencies charged with managing Federal land; and
            (3) ensure that each military department takes full 
        advantage of the authorities provided by section 2684a of title 
        10, United States Code, in addressing encroachment adversely 
        affecting, or threatening to adversely affect, the 
        installations, ranges, and military airspace of the department.

    (c) Reporting Requirement.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense

[[Page 122 STAT. 548]]

shall review Chapter 6 of the initial report submitted to Congress under 
section 2684a(g) of title 10, United States Code, and report to the 
congressional defense committees on the specific steps, if any, that the 
Secretary plans to take, or recommends that Congress take, to address 
the issues raised in such chapter.

SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.

    (a) Report on Utilization and Potential Expansion of Army 
Operational Ranges.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to the 
congressional defense committees a report containing an assessment of 
the Army operational ranges used to support training and range 
activities of the Army. The report shall include the following 
information:
            (1) The size, description, and mission-essential tasks 
        supported by each Army operational range during fiscal year 
        2003.
            (2) A description of the projected changes in Army 
        operational range requirements, including the size, 
        characteristics, and attributes for mission-essential activities 
        at each Army operational range and the extent to which any 
        changes in requirements are a result of--
                    (A) decisions made as part of the 2005 round of 
                defense base closure and realignment under the Defense 
                Base Closure and Realignment Act of 1990 (part A of 
                title XXIX of Public Law 101-510; 10 U.S.C. 2687 note);
                    (B) the conversion of Army brigades to a modular 
                format;
                    (C) the Integrated Global Presence and Basing 
                Strategy;
                    (D) the proposal contained in the budget 
                justification materials submitted in support of the 
                Department of Defense budget for fiscal year 2008 to 
                increase the size of the active component of the Army to 
                547,400 personnel by the end of fiscal year 2012 and any 
                modification or acceleration contemplated in the budget 
                submission for fiscal year 2009; or
                    (E) high operational tempos or surge requirements.
            (3) The projected deficit or surplus of land at each Army 
        operational range, and a description of the Army's plan to 
        address that projected deficit or surplus of land as well as the 
        upgrade of range attributes at each existing Army operational 
        range.
            (4) A description of the Army's prioritization process and 
        investment strategy to address the potential expansion or 
        upgrade of Army operational ranges.
            (5) An analysis of alternatives to the expansion of Army 
        operational ranges, including an assessment of the joint use of 
        operational ranges under the jurisdiction, custody, or control 
        of the Secretary of another military department.
            (6) An analysis of the cost of, potential military value of, 
        and potential legal or practical impediments to, the expansion 
        of the Joint Readiness Training Center at Fort Polk, Louisiana, 
        through the acquisition of additional land adjacent to or in the 
        vicinity of the installation.
            (7) An analysis of the impact of the proposal described in 
        paragraph (2)(D) on the plan developed prior to such proposal

[[Page 122 STAT. 549]]

        to relocate forces from Germany to the United States and vacate 
        installations in Germany as part of the Integrated Global 
        Presence and Basing Strategy, including a comparative analysis 
        of--
                    (A) the projected utilization of the three combat 
                training centers of the Army if all of the six light 
                infantry brigades proposed to be added to the active 
                component of the Army would be based in the United 
                States; and
                    (B) the projected utilization of such ranges if at 
                least one of those brigades would be based in Germany or 
                if one of the brigades proposed to be relocated pursuant 
                to the plan in paragraph (a)(2)(C) is retained in 
                Germany.
            (8) If the analysis required by paragraph (7) indicates that 
        the Joint Multi-National Readiness Center in Hohenfels, Germany, 
        or the Army's training complex at Grafenwoehr, Germany, would 
        not be fully utilized under the basing scenarios analyzed, an 
        estimate of the cost to replicate the training capability at 
        that center in another location.

    (b) Report on Potential Expansion of Marine Corps Operational 
Ranges.--Not later than 180 days after the date of the enactment of this 
Act, the Secretary of the Navy shall submit to the congressional defense 
committees a report containing an assessment of Marine Corps operational 
ranges used to support training and range activities of the Marine 
Corps. The report required shall include the following information:
            (1) The size, description, and mission-essential tasks 
        supported by each major Marine Corps operational range during 
        fiscal year 2003.
            (2) A description of the projected changes in Marine Corps 
        operational range requirements, including the size, 
        characteristics, and attributes for mission-essential activities 
        at each range and the extent to which any changes in 
        requirements are a result of the proposal contained in the 
        fiscal year 2008 budget request to increase the size of the 
        active component of the Marine Corps to 202,000 personnel by the 
        end of fiscal year 2012 and any modification or acceleration 
        contemplated in the budget submission for fiscal year 2009.
            (3) The projected deficit or surplus of land at each major 
        Marine Corps operational range, and a description of the 
        Secretary's plan to address that projected deficit or surplus of 
        land as well as the upgrade of range attributes at each existing 
        Marine Corps operational range.
            (4) A description of the Secretary's prioritization process 
        and investment strategy to address the potential expansion or 
        upgrade of Marine Corps operational ranges.
            (5) An analysis of alternatives to the expansion of Marine 
        Corps operational ranges, including an assessment of the joint 
        use of operational ranges under the jurisdiction, custody, or 
        control of the Secretary of another military department.
            (6) An analysis of the cost of, potential military value of, 
        and potential legal or practical impediments to, the expansion 
        of Marine Corps Base, Twentynine Palms, California, through the 
        acquisition of additional land adjacent to or in the vicinity of 
        that installation that is under the control of the Bureau of 
        Land Management.

    (c) Supplemental Report.--Not later than 90 days after the date on 
which the second of the two reports required by subsections

[[Page 122 STAT. 550]]

(a) and (b) is submitted, the Secretary of Defense shall submit to the 
congressional defense committees a report containing the following 
information:
            (1) A description of initiatives by the Secretary of Defense 
        to coordinate the range expansion activities of the Army and 
        Marine Corps in order to gain efficiencies in investment and 
        resource allocation.
            (2) An analysis of training requirements for the Army and 
        the Marine Corps that could be accomplished through joint use of 
        existing ranges.
            (3) An analysis of the responses provided by the Secretary 
        of the Army under subsection (a)(5) and the Secretary of the 
        Navy subsection (b)(5).
            (4) Any other matter that the Secretary of Defense considers 
        to be of importance to ensure the effective and timely expansion 
        of ranges to meet Army and Marine Corps training requirements.

    (d) Definitions.--In this section:
            (1) The term ``Army operational range'' has the meaning 
        given the term ``operational range'' in section 101(e)(3) of 
        title 10, United States Code, except that the term is limited to 
        operational ranges under the jurisdiction, custody, or control 
        of the Secretary of the Army.
            (2) The term ``Marine Corps operational range'' has the 
        meaning given the term ``operational range'' in section 
        101(e)(3) of such title, except that the term is limited to 
        operational ranges under the jurisdiction, custody, or control 
        of the Secretary of the Navy that are used by or available for 
        use by the Marine Corps.
            (3) The term ``range activities'' has the meaning given that 
        term in section 101(e)(2) of such title.

SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

    Not later than March 1, 2008, the Secretary of the Air Force shall 
submit to the congressional defense committees a report containing a 
detailed plan of the current and future aviation assets that the 
Secretary expects will be based at Niagara Air Reserve Base, New York. 
The report shall include a description of all of the aviation assets 
that will be impacted by the series of relocations to be made to or from 
Niagara Air Reserve Base and the timeline for such relocations.

SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO.

    (a) Report on the Pinon Canyon Maneuver Site.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of the Army shall 
        submit to the congressional defense committees a report on the 
        Pinon Canyon Maneuver Site (referred to in this section as ``the 
        Site'').
            (2) Content.--The report required under paragraph (1) shall 
        include the following:
                    (A) An analysis of whether existing training 
                facilities at Fort Carson, Colorado, and the Site are 
                sufficient to support the training needs of units 
                stationed or planned to be stationed at Fort Carson, 
                including the following:

[[Page 122 STAT. 551]]

                          (i) A description of any new training 
                      requirements or significant developments affecting 
                      training requirements for units stationed or 
                      planned to be stationed at Fort Carson since the 
                      2005 Defense Base Closure and Realignment 
                      Commission found that the base has ``sufficient 
                      capacity'' to support four brigade combat teams 
                      and associated support units at Fort Carson.
                          (ii) <<NOTE: Study.>> A study of alternatives 
                      for enhancing training facilities at Fort Carson 
                      and the Site within their current geographic 
                      footprint, including whether these additional 
                      investments or measures could support additional 
                      training activities.
                          (iii) A description of the current training 
                      calendar and training load at the Site, 
                      including--
                                    (I) the number of brigade-sized and 
                                battalion-sized military exercises held 
                                at the Site since its establishment;
                                    (II) an analysis of the maximum 
                                annual training load at the Site, 
                                without expanding the Site; and
                                    (III) an analysis of the training 
                                load and projected training calendar at 
                                the Site when all brigades stationed or 
                                planned to be stationed at Fort Carson 
                                are at home station.
                    (B) A report of need for any proposed addition of 
                training land to support units stationed or planned to 
                be stationed at Fort Carson, including the following:
                          (i) A description of additional training 
                      activities, and their benefits to operational 
                      readiness, which would be conducted by units 
                      stationed at Fort Carson if, through leases or 
                      acquisition from consenting landowners, the Site 
                      were expanded to include--
                                    (I) the parcel of land identified as 
                                ``Area A'' in the Potential PCMS Land 
                                expansion map;
                                    (II) the parcel of land identified 
                                as ``Area B'' in the Potential PCMS Land 
                                expansion map;
                                    (III) the parcels of land identified 
                                as ``Area A'' and ``Area B'' in the 
                                Potential PCMS Land expansion map;
                                    (IV) acreage sufficient to allow 
                                simultaneous exercises of a light 
                                infantry brigade and a heavy infantry 
                                brigade at the Site;
                                    (V) acreage sufficient to allow 
                                simultaneous exercises of two heavy 
                                infantry brigades at the Site;
                                    (VI) acreage sufficient to allow 
                                simultaneous exercises of a light 
                                infantry brigade and a battalion at the 
                                Site; and
                                    (VII) acreage sufficient to allow 
                                simultaneous exercises of a heavy 
                                infantry brigade and a battalion at the 
                                Site.
                          (ii) An analysis of alternatives for acquiring 
                      or utilizing training land at other installations 
                      in the United States to support training 
                      activities of units stationed at Fort Carson.

[[Page 122 STAT. 552]]

                          (iii) An analysis of alternatives for 
                      utilizing other federally owned land to support 
                      training activities of units stationed at Fort 
                      Carson.
                    (C) An analysis of alternatives for enhancing 
                economic development opportunities in southeastern 
                Colorado at the current Site or through any proposed 
                expansion, including the consideration of the following 
                alternatives:
                          (i) The leasing of land on the Site or any 
                      expansion of the Site to ranchers for grazing.
                          (ii) The leasing of land from private 
                      landowners for training.
                          (iii) The procurement of additional services 
                      and goods, including biofuels and beef, from local 
                      businesses.
                          (iv) The creation of an economic development 
                      fund to benefit communities, local governments, 
                      and businesses in southeastern Colorado.
                          (v) The establishment of an outreach office to 
                      provide technical assistance to local businesses 
                      that wish to bid on Department of Defense 
                      contracts.
                          (vi) The establishment of partnerships with 
                      local governments and organizations to expand 
                      regional tourism through expanded access to sites 
                      of historic, cultural, and environmental interest 
                      on the Site.
                          (vii) An acquisition policy that allows 
                      willing sellers to minimize the tax impact of a 
                      sale.
                          (viii) Additional investments in Army missions 
                      and personnel, such as stationing an active duty 
                      unit at the Site, including--
                                    (I) an analysis of anticipated 
                                operational benefits; and
                                    (II) an analysis of economic impacts 
                                to surrounding communities.
            (3) Potential pcms land expansion map defined.--In this 
        subsection, the term ``Potential PCMS Land expansion map'' means 
        the June 2007 map entitled ``Potential PCMS Land expansion''.

    (b) Comptroller General Review of Report.--Not later than 180 days 
after the Secretary of Defense submits the report required under 
subsection (a), the Comptroller General of the United States shall 
submit to Congress a review of the report and of the justification of 
the Army for expansion at the Site.
    (c) Public Comment.--After <<NOTE: Deadline. Summary.>> the report 
required under subsection (b) is submitted to Congress, the Army shall 
solicit public comment on the report for a period of not less than 90 
days. Not later than 30 days after the public comment period has closed, 
the Secretary shall submit to Congress a written summary of comments 
received.

                      Subtitle C--Land Conveyances

SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE, CAMP 
            PENDLETON, CALIFORNIA.

    Section 2851(a) of the Military Construction Authorization Act for 
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is 
amended by striking ``, notwithstanding any provision

[[Page 122 STAT. 553]]

of State law to the contrary,'', as added by section 2867 of Public Law 
107-107 (115 Stat. 1334).

SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.

    (a) Grant Authorized.--Secretary of the Air Force may use the 
authority provided by section 2668 of title 10, United States Code, to 
grant to the Mid Bay Bridge Authority an easement for a roadway right-
of-way over such land at Eglin Air Force Base, Florida, as the Secretary 
determines necessary to facilitate the construction of a road connecting 
the northern landfall of the Mid Bay Bridge to Florida State Highway 85.
    (b) Consideration.--As consideration for the grant of the easement 
under subsection (a), the Mid Bay Bridge Authority shall pay to the 
Secretary an amount equal to the fair-market-value of the easement, as 
determined by the Secretary.
    (c) Costs of Project.--As a condition of the grant of the easement 
under subsection (a), the Mid Bay Bridge Authority shall be responsible 
for all costs associated with the highway project described in such 
subsection, including all costs the Secretary determines to be necessary 
to address any impacts that the project may have on the defense missions 
at Eglin Air Force Base.

SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to Florida State University (in this section referred to as the 
``University'') all right, title, and interest of the United States in 
and to a parcel of real property, including improvements thereon, 
consisting of approximately 40 acres located at the Lynn Haven Fuel 
Depot in Lynn Haven, Florida, as a public benefit conveyance for the 
purpose of permitting the University to develop the property as a new 
satellite campus.
    (b) Consideration.--
            (1) In general.--For the conveyance of the property under 
        subsection (a), the University shall provide the United States 
        with consideration in an amount that is acceptable to the 
        Secretary, whether in the form of cash payment, in-kind 
        consideration, or a combination thereof.
            (2) Reduced tuition rates.--The Secretary may accept as in-
        kind consideration under paragraph (1) reduced tuition rates or 
        scholarships for military personnel at the University.

    (c) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        University to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyance under subsection (a), including survey 
        costs, appraisal costs, and other costs related to the 
        conveyance. If amounts are collected from the University in 
        advance of the Secretary incurring the actual costs, and the 
        amount collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary shall 
        refund the excess amount to the University.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out the conveyance under subsection (a) shall 
        be credited to the fund or account that was used to cover the 
        costs incurred by the Secretary in carrying out the conveyance. 
        Amounts so credited shall be merged with

[[Page 122 STAT. 554]]

        amounts in such fund or account and shall be available for the 
        same purposes, and subject to the same conditions and 
        limitations, as amounts in such fund or account.

    (d) Use of Property for Other Than Intended Purposes.--If the 
Secretary determines at any time that the real property conveyed under 
subsection (a) is not being used in accordance with the purposes of the 
conveyance specified in such subsection, the University shall pay to the 
United States an amount equal to the fair market value of the property, 
as of the time of such determination. The fair market value of the 
property, excluding the value of any improvements made to the property 
by the University, shall be determined by the Secretary in accordance 
with Federal appraisal standards and procedures.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (f) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT ACADEMY AT 
            THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR STATION, 
            PENSACOLA, FLORIDA.

    Section 2850(a) of the Military Construction Authorization Act for 
Fiscal Year 2001 (division B of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-428)) is amended--
            (1) by striking ``naval aviation and'' and inserting ``naval 
        aviation,''; and
            (2) by inserting before the period at the end the following: 
        ``, and, as of January 1, 2008, to teach the science, 
        technology, engineering, and mathematics disciplines that have 
        an impact on and relate to aviation''.

SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) City.--The term ``City'' means the City of Detroit, 
        Michigan.
            (3) City land.--The term ``City land'' means the 
        approximately 0.741 acres of real property, including any 
        improvement thereon, as depicted on the exchange maps, that is 
        commonly identified as 110 Mount Elliott Street, Detroit, 
        Michigan.
            (4) Commandant.--The term ``Commandant'' means the 
        Commandant of the United States Coast Guard.
            (5) EDC.--The term ``EDC'' means the Economic Development 
        Corporation of the City of Detroit.
            (6) Exchange maps.--The term ``exchange maps'' means the 
        maps entitled ``Atwater Street Land Exchange Maps'' prepared 
        pursuant to subsection (f).
            (7) Federal land.--The term ``Federal land'' means 
        approximately 1.26 acres of real property, including any 
        improvements thereon, as depicted on the exchange maps, that is 
        commonly identified as 2660 Atwater Street, Detroit, Michigan, 
        and under the administrative control of the United States Coast 
        Guard.

[[Page 122 STAT. 555]]

            (8) Sector detroit.--The term ``Sector Detroit'' means Coast 
        Guard Sector Detroit of the Ninth Coast Guard District.

    (b) Conveyance Authorized.--The Commandant of the Coast Guard, in 
coordination with the Administrator, may convey to the EDC all right, 
title, and interest of the United States in and to the Federal land.
    (c) Consideration.--
            (1) In general.--As consideration for the conveyance under 
        subsection (b)--
                    (A) the City shall convey to the United States all 
                right, title, and interest in and to the City land; and
                    (B) the EDC shall construct a facility and parking 
                lot acceptable to the Commandant of the Coast Guard.
            (2) Equalization payment option.--
                    (A) In general.--The Commandant may, upon the 
                agreement of the City and the EDC, waive the requirement 
                to construct a facility and parking lot under paragraph 
                (1)(B) and accept in lieu thereof an equalization 
                payment from the City equal to the difference between 
                the value, as determined by the Administrator at the 
                time of transfer, of the Federal land and the City land.
                    (B) Availability of funds.--Any amounts received 
                pursuant to subparagraph (A) shall be available to the 
                Commandant, without further appropriation and until 
                expended, to construct, expand, or improve facilities 
                related to Sector Detroit's aids to navigation or vessel 
                maintenance.

    (d) Conditions of Exchange.--
            (1) Covenants.--All conditions placed within the deeds of 
        title shall be construed as covenants running with the land.
            (2) Authority to accept quitclaim deed.--The Commandant may 
        accept a quitclaim deed for the City land and may convey the 
        Federal land by quitclaim deed.
            (3) Environmental remediation.--Prior to the time of the 
        exchange, the Coast Guard and the EDC shall remediate any and 
        all contaminants existing on their respective properties to 
        levels required by applicable State and Federal law. The 
        Commandant and, as a condition of the exchange, the EDC shall 
        make available for review and inspection any record relating to 
        hazardous materials on the land to be exchanged under this 
        section. The costs of remedial actions relating to hazardous 
        materials on exchanged land shall be paid by those entities 
        responsible for costs under applicable law.

    (e) Authority to Enter Into License or Lease.--The Commandant may 
enter into a license or lease agreement with the Detroit Riverfront 
Conservancy for the use of a portion of the Federal land for the Detroit 
Riverfront Walk. Such license or lease shall be at no cost to the City 
and upon such other terms that are acceptable to the Commandant, and 
shall terminate upon the completion of the exchange authorized by this 
section, or the date specified in subsection (h), whichever occurs 
earlier.
    (f) Map and Legal Descriptions of Land.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Commandant shall file with the 
        Committee on Commerce, Science and Transportation of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives the maps, entitled

[[Page 122 STAT. 556]]

        ``Atwater Street Land Exchange Maps'', which depict the Federal 
        land and the City lands and provide a legal description of each 
        property to be exchanged.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Commandant may correct 
        typographical errors in the maps and each legal description.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Coast Guard 
        and the City.

    (g) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the exchange 
under this section as the Commandant considers appropriate to protect 
the interests of the United States.
    (h) Expiration of Authority To Convey.--The authority to enter into 
the exchange authorized by this section shall expire three years after 
the date of enactment of this Act.

SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE 
            ILE, MICHIGAN.

    (a) Transfer.--Administrative jurisdiction over the property 
described in subsection (b) is hereby transferred from the Administrator 
of the Environmental Protection Agency to the Secretary of the Interior.
    (b) Property Described.--The property referred to in subsection (a) 
is the former Nike missile site located at the southern end of Grosse 
Ile, Michigan, as depicted on the map entitled ``07-CE'' on file with 
the Environmental Protection Agency and dated May 16, 1984.
    (c) Administration of Property.--Subject to subsection (d), the 
Secretary of the Interior shall administer the property described in 
subsection (b)--
            (1) acting through the United States Fish and Wildlife 
        Service;
            (2) as part of the Detroit River International Wildlife 
        Refuge; and
            (3) for use as a habitat for fish and wildlife and as a 
        recreational property for outdoor education and environmental 
        appreciation.

    (d) Management of Remediation.--The Secretary of Defense, acting 
through the Army Corps of Engineers, shall manage and carry out 
environmental remediation activities with respect to the property 
described in subsection (b) that, at a minimum, achieve the standard 
sufficient to allow the property to be used as provided in subsection 
(c)(3). <<NOTE: Deadline.>> Such remediation activities, with the 
exception of long-term monitoring, shall be completed to achieve that 
standard not later than two years after the date of the enactment of 
this Act. The Secretary of Defense may use amounts made available from 
the account established by section 2703(a)(5) of title 10, United States 
Code, to carry out such remediation.

    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

[[Page 122 STAT. 557]]

SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH 
            CAROLINA.

    (a) Requirement To Convey Tract No. 404-1 Property Without 
Consideration.--Section 2836 of the Military Construction Authorization 
Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
2005) is amended--
            (1) in subsection (a)(3), by striking ``at fair market 
        value'' and inserting ``without consideration'';
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following new paragraph:

    ``(2) The conveyances under paragraphs (2) and (3) of subsection (a) 
shall be subject to the condition that the County develop and use the 
conveyed properties for educational purposes and the construction of 
public school structures.''; and
            (3) in subsection (c), by striking paragraph (2) and 
        inserting the following new paragraph:

    ``(2) If the Secretary determines at any time that the real property 
conveyed under paragraph (2) or paragraph (3) of subsection (a) is not 
being used in accordance with subsection (b)(2), all right, title, and 
interest in and to the property conveyed under such paragraph, including 
any improvements thereon, shall revert, at the option of the Secretary, 
to the United States, and the United States shall have the right of 
immediate entry thereon.''.
    (b) Payment of Costs of Conveyance.--Such section is further amended 
by adding at the end the following new subsection:
    ``(f) Payment of Costs of Conveyance of Tract No. 404-1 Property.--
            ``(1) Payment required.--The Secretary shall require the 
        County to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyance under subsection (a)(3), including 
        survey costs, costs related to environmental documentation, and 
        other administrative costs related to the conveyance. If amounts 
        are collected from the County in advance of the Secretary 
        incurring the actual costs, and the amount collected exceeds the 
        costs actually incurred by the Secretary to carry out the 
        conveyance, the Secretary shall refund the excess amount to the 
        County.
            ``(2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account, and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or 
        account.''.

SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES ARMY RESERVE 
            CENTER, BISMARCK, NORTH DAKOTA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the United Tribes Technical College all right, 
title, and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of approximately 2 
acres located at the Lewis and Clark United States Army Reserve Center, 
3319 University Drive, Bismarck, North Dakota, for the purpose of 
supporting education at the United Tribes Technical College.

[[Page 122 STAT. 558]]

    (b) Reversionary Interest.--
            (1) In general.--Subject to paragraph (2), if the Secretary 
        determines at any time that the real property conveyed under 
        subsection (a) is not being used in accordance with the purposes 
        of the conveyance specified in such subsection, all right, 
        title, and interest in and to the property shall revert, at the 
        option of the Secretary, to the United States, and the United 
        States shall have the right of immediate entry onto the 
        property. Any determination of the Secretary under this 
        subsection shall be made on the record after an opportunity for 
        a hearing.
            (2) Expiration.--The reversionary interest under paragraph 
        (1) shall expire upon satisfaction of the following conditions:
                    (A) The real property conveyed under subsection (a) 
                is used in accordance with the purposes of the 
                conveyance specified in such subsection for a period of 
                not less than 30 years following the date of the 
                conveyance.
                    (B) After the end of period specified in 
                subparagraph (A), the United Tribes Technical College 
                applies to the Secretary for the release of the 
                reversionary interest.
                    (C) <<NOTE: Certification.>> The Secretary 
                certifies, in a manner that can be filed with the 
                appropriate land recordation office, that the condition 
                under subparagraph (A) has been satisfied.

    (c) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary shall require the 
        United Tribes Technical College to cover costs to be incurred by 
        the Secretary, or to reimburse the Secretary for costs incurred 
        by the Secretary, to carry out the conveyance under subsection 
        (a), including survey costs, costs related to environmental 
        documentation, and other administrative costs related to the 
        conveyance. If amounts are collected from the United Tribes 
        Technical College in advance of the Secretary incurring the 
        actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the United 
        Tribes Technical College.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.

    (d) Description of Real Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.

    (a) Exchange Authorized.--The Secretary of the Army may convey to 
the City of Copperas Cove, Texas (in this section referred to as the 
``City''), all right, title, and interest of the United States

[[Page 122 STAT. 559]]

in and to a parcel of real property, including any improvements thereon, 
consisting of approximately 200 acres at Fort Hood, Texas, for the 
purpose of permitting the City to improve arterial transportation routes 
in the community.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall convey to the Secretary all right, title, 
and interest of the City in and to one or more parcels of real property 
that are acceptable to the Secretary. The fair market value of the real 
property acquired by the Secretary under this subsection shall be at 
least equal to the fair market value of the real property conveyed under 
subsection (a), as determined by appraisals acceptable to the Secretary.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyances under this section, including survey costs 
        related to the conveyances. If amounts are collected from the 
        City in advance of the Secretary incurring the actual costs, and 
        the amount collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyances, the Secretary shall 
        refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out the conveyances under this section shall 
        be credited to the fund or account that was used to cover the 
        costs incurred by the Secretary in carrying out the conveyances. 
        Amounts so credited shall be merged with amounts in such fund or 
        account and shall be available for the same purposes, and 
        subject to the same conditions and limitations, as amounts in 
        such fund or account.

    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyances under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.

                       Subtitle D--Energy Security

SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING 
            CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY 
            SAVINGS PERFORMANCE CONTRACTS.

    Section 2913 of title 10, United States Code, is amended by striking 
subsection (e).

SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.

    Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C. 13211(3)) 
is amended--
            (1) by striking ``(3) the term'' and inserting the 
        following:
            ``(3) Alternative fueled vehicle.--
                    ``(A) In general.--The term''; and
            (2) by adding at the end the following:

[[Page 122 STAT. 560]]

                    ``(B) Inclusions.--The term `alternative fueled 
                vehicle' includes--
                          ``(i) a new qualified fuel cell motor vehicle 
                      (as defined in section 30B(b)(3) of the Internal 
                      Revenue Code of 1986);
                          ``(ii) a new advanced lean burn technology 
                      motor vehicle (as defined in section 30B(c)(3) of 
                      that Code);
                          ``(iii) a new qualified hybrid motor vehicle 
                      (as defined in section 30B(d)(3) of that Code); 
                      and
                          ``(iv) any other type of vehicle that the 
                      Administrator demonstrates to the Secretary would 
                      achieve a significant reduction in petroleum 
                      consumption.''.

SEC. 2863. <<NOTE: 10 USC 2911 note.>> 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.

[[Page 122 STAT. 561]]

    (g) Effective Date.--The requirements of subsections (a) and (b) 
shall take effect one year after the date of the enactment of this Act.

SEC. 2864. <<NOTE: 10 USC 2911 note.>> REPORTING REQUIREMENTS RELATING 
            TO RENEWABLE ENERGY USE BY DEPARTMENT OF DEFENSE TO MEET 
            DEPARTMENT ELECTRICITY NEEDS.

    (a) Initial Report.--Not later than 120 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional defense 
committees a report containing the following information:
            (1) The extent to which energy from renewable energy sources 
        is used to meet the electricity needs of the Department of 
        Defense, to be stated as a percentage of total facility 
        electricity use for the previous fiscal year.
            (2) The extent to which energy from renewable energy sources 
        was procured through alternative financing methods, to be stated 
        as a percentage of total renewable energy procurement and as a 
        dollar amount for the previous fiscal year.
            (3) The extent to which energy from renewable energy sources 
        was procured through the use of appropriated funds, to be stated 
        as a percentage of total renewable energy procurement and as a 
        dollar amount for the previous fiscal year.
            (4) A graphical illustration of energy use from renewable 
        energy sources by the Department as a percentage of total 
        facility electricity use over time, starting no later than 
        fiscal year 2000 and running through fiscal year 2025, including 
        projected future trends in renewable energy consumption through 
        fiscal year 2025 in order to meet the goals for renewable energy 
        set forth in section 2911(e) of title 10, United States Code, or 
        other goals, as appropriate.

    (b) Subsequent Reports.--For fiscal year 2008 and each fiscal year 
thereafter, the information required by paragraphs (1) through (4) of 
subsection (a) shall be included in the Annual Energy Management Report 
prepared by the Under Secretary of Defense for Acquisition, Technology, 
and Logistics.
    (c) Renewable Energy Sources Defined.--In this section, the term 
``renewable energy sources'' has the meaning given that term in section 
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).

                        Subtitle E--Other Matters

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO 
            ARLINGTON NATIONAL CEMETERY.

    Subsection (h) of section 2881 of the Military Construction 
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 
113 Stat. 879), as amended by section 2863 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1330), section 2851 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2726), and section 2881 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 115 Stat. 2153), is further amended

[[Page 122 STAT. 562]]

by striking paragraphs (1) and (2) and inserting the following new 
paragraphs:
            ``(1) January 1, 2011;
            ``(2) the date on which the Navy Annex property is no longer 
        required (as determined by the Secretary of Defense) for use as 
        temporary office space; or
            ``(3) <<NOTE: Notification.>> one year after the date on 
        which the Secretary of the Army notifies the Secretary of 
        Defense that the Navy Annex property is needed for the expansion 
        of Arlington National Cemetery.''.

SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO 
            DEPARTMENT OF THE AIR FORCE.

    (a) Transfer of Jurisdiction.--Notwithstanding section 2881 of the 
Military Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106-65; 113 Stat. 879) and section 2863 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B of 
Public Law 107-107; 115 Stat. 1330; 40 U.S.C. 1003 note), the Secretary 
of the Army may transfer administrative jurisdiction, custody, and 
control of the parcel of Federal land described in subsection (b)(1) of 
such section 2863 to the Secretary of the Air Force.
    (b) Limitation on Payment of Expenses.--If the Air Force Memorial is 
transferred to the Secretary of the Air Force as authorized by 
subsection (a), the United States shall not pay any costs incurred for 
the maintenance and repair of the Air Force Memorial.

SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE TOMB OF THE 
            UNKNOWNS AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Army and the Secretary of 
Veterans Affairs shall jointly submit to Congress a report setting forth 
the following:
            (1) The current plans of the Secretaries with respect to--
                    (A) replacing the monument at the Tomb of the 
                Unknowns at Arlington National Cemetery, Virginia; and
                    (B) disposing of the current monument at the Tomb of 
                the Unknowns, if it were removed and replaced.
            (2) An assessment of the feasibility and advisability of 
        repairing the monument at the Tomb of the Unknowns rather than 
        replacing it.
            (3) A description of the current efforts of the Secretaries 
        to maintain and preserve the monument at the Tomb of the 
        Unknowns.
            (4) An explanation of why no attempt has been made since 
        1989 to repair the monument at the Tomb of the Unknowns.
            (5) A comprehensive estimate of the cost of replacement of 
        the monument at the Tomb of the Unknowns and the cost of 
        repairing such monument.
            (6) An assessment of the structural integrity of the 
        monument at the Tomb of the Unknowns.

    (b) Limitation on Action.--The Secretary of the Army and the 
Secretary of Veterans Affairs may not take any action to replace the 
monument at the Tomb of the Unknowns at Arlington National Cemetery, 
Virginia, until 180 days after the date of the receipt by Congress of 
the report required by subsection (a).

[[Page 122 STAT. 563]]

    (c) Exception.--The limitation in subsection (b) shall not prevent 
the Secretary of the Army or the Secretary of Veterans Affairs from 
repairing the current monument at the Tomb of the Unknowns or from 
acquiring any blocks of marble for uses related to such monument, 
subject to the availability of appropriations for those purposes.

SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND PRESERVATION 
            OF LAFAYETTE ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE, 
            FRANCE.

    Section 1065 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1233) is amended--
            (1) in subsection (a)(2), by striking ``$2,000,000'' and 
        inserting ``$2,500,000''; and
            (2) in subsection (e), by striking ``under section 
        301(a)(4)''.

SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.

    Section 2866 of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2499) is 
amended by adding at the end the following new subsection:
    ``(d) Woonsocket Local Protection Project.--
            ``(1) Assumption of responsibility.--The Secretary of the 
        Army, acting through the Chief of Engineers, shall assume 
        responsibility for the annual operation and maintenance of the 
        Woonsocket local protection project authorized by section 10 of 
        the Act of December 22, 1944 (commonly known as the Flood 
        Control Act of 1944; 58 Stat. 892, chapter 665), including by 
        acquiring, in accordance with paragraph (2), any interest of the 
        city of Woonsocket, Rhode Island, in and to land and structures 
        required for the continued operation and maintenance, repair, 
        replacement, rehabilitation, and structural integrity of the 
        project, as identified by the city, in coordination with the 
        Secretary.
            ``(2) Acquisition.--As <<NOTE: Deadline.>> a condition on 
        the Secretary's assumption of responsibility for the Woonsocket 
        local protection project under paragraph (1), the city of 
        Woonsocket shall convey, not later than one year after the date 
        of the enactment of the National Defense Authorization Act for 
        Fiscal Year 2008, to the Secretary of the Army, by quitclaim 
        deed and without consideration, all right, title, and interest 
        of the city in and to the Woonsocket local protection project, 
        including any interest of the city in and to land and structures 
        required for the continued operation and maintenance, repair, 
        replacement, rehabilitation, and structural integrity of the 
        project, as identified by the city.''.

SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN, PUERTO 
            RICO.

    Section 1507 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 
Stat. 1654A-355) is repealed.

SEC. 2877. <<NOTE: 16 USC 431 note.>> 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

[[Page 122 STAT. 564]]

establish and maintain, at a suitable location at Fort Belvoir, 
Virginia, or another military installation in the United States, a 
national monument to honor the sacrifice and service of United States 
Armed Forces working dog teams that have participated in the military 
operations of the United States.
    (b) Location and Design of Monument.--The actual location and final 
design of the monument authorized by subsection (a) shall be subject to 
the approval of the Secretary. In selecting the military installation 
and site on such installation to serve as the location for the monument, 
the Secretary shall seek to maximize access to the resulting monument 
for both visitors and their dogs.
    (c) Maintenance.--The maintenance of the monument authorized by 
subsection (a) by the National War Dogs Monument, Inc., shall be subject 
to such conditions regarding access to the monument, and such other 
conditions, as the Secretary considers appropriate to protect the 
interests of the United States.
    (d) Limitation on Payment of Expenses.--The United States Government 
shall not pay any expense for the establishment or maintenance of the 
monument authorized by subsection (a).

SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 564TH 
            MISSILE SQUADRON.

    (a) Report Required.--The Secretary of Defense shall submit to the 
congressional defense committees a report on the feasibility of 
establishing an association between the 120th Fighter Wing of the 
Montana Air National Guard and active duty personnel stationed at 
Malmstrom Air Force Base, Montana. In preparing the report, the 
Secretary shall include the following evaluations:
            (1) An evaluation of the requirement of the Air Force for 
        additional F-15 aircraft active or reserve component force 
        structure.
            (2) An evaluation of the airspace training opportunities in 
        the immediate airspace around Great Falls International Airport 
        Air Guard Station.
            (3) An evaluation of the impact of civilian operations on 
        military operations at Great Falls International Airport.
            (4) An evaluation of the level of civilian encroachment on 
        the facilities and airspace of the 120th Fighter Wing.
            (5) An evaluation of the support structure available, 
        including active military bases nearby.
            (6) An evaluation of opportunities for additional 
        association between the Montana National Guard and the 341st 
        Space Wing.

    (b) Limitation on Removal Pending Report.--Not more than 40 missiles 
may be removed from the 564th Missile Squadron until 15 days after the 
report required in subsection (a) has been submitted.

SEC. 2879. <<NOTE: 20 USC 921 note.>> REPORT ON CONDITION OF SCHOOLS 
            UNDER JURISDICTION OF DEPARTMENT OF DEFENSE EDUCATION 
            ACTIVITY.

    (a) Report Required.--Not later than March 1, 2008, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the conditions of schools under the jurisdiction of the Department of 
Defense Education Activity.
    (b) Content.--The report required under subsection (a) shall include 
the following:
            (1) A description of each school under the control of the 
        Secretary, including the location, year constructed, grades of

[[Page 122 STAT. 565]]

        attending children, maximum capacity, and current capacity of 
        the school.
            (2) A description of the standards and processes used by the 
        Secretary to assess the adequacy of the size of school 
        facilities, the ability of facilities to support school 
        programs, and the current condition of facilities.
            (3) A description of the conditions of the facility or 
        facilities at each school, including the level of compliance 
        with the standards described in paragraph (2), any existing or 
        projected facility deficiencies or inadequate conditions at each 
        facility, and whether any of the facilities listed are temporary 
        structures.
            (4) An investment strategy planned for each school to 
        correct deficiencies identified in paragraph (3), including a 
        description of each project to correct such deficiencies, cost 
        estimates, and timelines to complete each project.
            (5) A description of requirements for new schools to be 
        constructed over the next 10 years as a result of changes to the 
        population of military personnel.

    (c) Use of Report as Master Plan for Repair, Upgrade, and 
Construction of Schools.--The Secretary shall use the report required 
under subsection (a) as a master plan for the repair, upgrade, and 
construction of schools in the Department of Defense system that support 
dependents of members of the Armed Forces and civilian employees of the 
Department of Defense.

SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL ARMY MEDICAL 
            CENTER, FORT HOOD MILITARY RESERVATION, TEXAS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report assessing the facilities and 
operations of the Darnall Army Medical Center at Fort Hood Military 
Reservation, Texas.
    (b) Content.--The report required under subsection (a) shall include 
the following:
            (1) A specific determination of whether the facilities 
        currently housing Darnall Army Medical Center meet Department of 
        Defense standards for Army medical centers.
            (2) A specific determination of whether the existing 
        facilities adequately support the operations of Darnall Army 
        Medical Center, including the missions of medical treatment, 
        medical hold, medical holdover, and Warriors in Transition.
            (3) A specific determination of whether the existing 
        facilities provide adequate physical space for the number of 
        personnel that would be required for Darnall Army Medical Center 
        to function as a full-sized Army medical center.
            (4) A specific determination of whether the current levels 
        of medical and medical-related personnel at Darnall Army Medical 
        Center are adequate to support the operations of a full-sized 
        Army medical center.
            (5) A specific determination of whether the current levels 
        of graduate medical education and medical residency programs 
        currently in place at Darnall Army Medical Center are adequate 
        to support the operations of a full-sized Army medical center.
            (6) A description of any and all deficiencies identified by 
        the Secretary.

[[Page 122 STAT. 566]]

            (7) A proposed investment plan and timeline to correct such 
        deficiencies.

SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL DISASTER 
            RESPONSE CENTER AT KELLY AIR FIELD, SAN ANTONIO, TEXAS.

    (a) Findings.--Congress makes the following findings:
            (1) The Federal response to Hurricane Katrina demonstrated 
        the need for greater coordination and planning capability at the 
        Federal, State, and local levels of government.
            (2) Coordination of State and local assets can be more 
        effectively accomplished if such assets are organized on a 
        regional basis similar to the manner in which the Federal 
        Emergency Management Agency organizes its efforts.
            (3) Despite the obvious need for experienced and routinely 
        exercised operational headquarters skilled in disaster response, 
        no such headquarters have been established.
            (4) Such a headquarters would be appropriately located on 
        available Federal property in Region VI of the Federal Emergency 
        Management Agency, which includes Texas, Louisiana, Oklahoma, 
        Arkansas, and New Mexico, and is a region subject to forest 
        fires, floods, hurricanes, and tornadoes.

    (b) Report Required.--Not later than March 31, 2008, the Secretary 
of Defense, in coordination with the Secretary of Homeland Security, 
shall submit to Congress a report on the feasibility of establishing at 
Kelly Air Field in San Antonio, Texas, a permanent, regionally oriented 
disaster response center responsible for planning, coordinating, and 
directing the Federal, State, and local response to man-made and natural 
disasters that occur in Region VI of the Federal Emergency Management 
Agency.
    (c) Content.--The report required under subsection (b) shall include 
the following:
            (1) A determination of how the regional disaster response 
        center, if established at Kelly Air Field, would organize and 
        leverage capabilities of the following currently co-located 
        organizations, facilities, and forces located in San Antonio, 
        Texas:
                    (A) Lackland Air Force Base.
                    (B) Fort Sam Houston.
                    (C) Brooke Army Medical Center.
                    (D) Wilford Hall Medical Center.
                    (E) City of San Antonio/Bexar County Emergency 
                Operations Center.
                    (F) Audie Murphy Veterans Administration Medical 
                Center.
                    (G) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
                    (H) 149 Fighter Wing and Texas Air National Guard F-
                16 fighter aircraft.
                    (I) Army Northern Command.
                    (J) The three level 1 trauma centers of the National 
                Trauma Institute.
                    (K) Texas Medical Rangers.
                    (L) San Antonio Metro Health Department.
                    (M) The University of Texas Health Science Center at 
                San Antonio.
                    (N) The Air Intelligence Surveillance and 
                Reconnaissance Agency at Lackland Air Force Base.

[[Page 122 STAT. 567]]

                    (O) The United States Air Force Security Police 
                Training Department at Lackland Air Force Base.
                    (P) The large manpower pools and blood donor pools 
                from the more than 6,000 trainees at Lackland Air Force 
                Base.
            (2) A determination of the number of military and civilian 
        personnel who would have to be mobilized to run the logistics, 
        planning, and maintenance of the regional disaster response 
        center, if established at Kelly Air Field, during a time of 
        disaster recovery.
            (3) A determination of the number of military and civilian 
        personnel who would be required to run the logistics, planning, 
        and maintenance of the regional disaster response center during 
        a time when no disaster is occurring.
            (4) A determination of the cost of improving the current 
        infrastructure at Kelly Air Field to meet the needs of displaced 
        victims of a disaster equivalent to that of Hurricanes Katrina 
        and Rita or a natural or man-made disaster of similar scope, 
        including adequate beds, food stores, and decontamination 
        stations to triage radiation or other chemical or biological 
        agent contamination victims.
            (5) An evaluation of the current capability of the 
        Department of Defense and the Department of Homeland Security to 
        respond to these mission requirements and an assessment of any 
        additional capabilities that are required.
            (6) An assessment of the costs and benefits of adding such 
        capabilities at Kelly Air Field to the costs and benefits of 
        other locations.

SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN HONOR 
            OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER OF THE UNITED 
            STATES HOUSE OF REPRESENTATIVES.

    (a) Findings.--Congress makes the following findings:
            (1) Representative Joel Hefley was elected to represent 
        Colorado's 5th Congressional district in 1986 and served in the 
        House of Representatives until the end of the 109th Congress in 
        2007 with distinction, class, integrity, and honor.
            (2) Representative Hefley served on the Committee on Armed 
        Services of the House of Representatives for 18 years, including 
        service as Chairman of the Subcommittee on Military 
        Installations and Facilities from 1995 through 2000 and, from 
        2001 until 2007, as Chairman of the Subcommittee on Readiness.
            (3) Representative Hefley was a fair and effective lawmaker 
        who worked for the national interest while never forgetting his 
        Western roots.
            (4) Representative Hefley's efforts on the Committee on 
        Armed Services were instrumental to the military value of, and 
        quality of life at, installations in the State of Colorado, 
        including Fort Carson, Cheyenne Mountain, Peterson Air Force 
        Base, Schriever Air Force Base, Buckley Air Force Base, and the 
        United States Air Force Academy.
            (5) Representative Hefley was a leader in efforts to retain 
        and expand Fort Carson as an essential part of the national 
        defense system during the Defense Base Closure and Realignment 
        process.

[[Page 122 STAT. 568]]

            (6) Representative Hefley consistently advocated for 
        providing members of the Armed Forces and their families with 
        quality, safe, and affordable housing and supportive 
        communities.
            (7) Representative Hefley spearheaded the Military Housing 
        Privatization Initiative to eliminate inadequate housing on 
        military installations, with the first pilot program located at 
        Fort Carson.
            (8) Representative Hefley's leadership on the Military 
        Housing Privatization Initiative allowed for the privatization 
        of more than 121,000 units of military family housing, which 
        brought meaningful improvements to living conditions for 
        thousands of members of the Armed Forces and their spouses and 
        children at installations throughout the United States.
            (9) It is fitting and proper that an appropriate military 
        family housing area or structure at Fort Carson be designated in 
        honor of Representative Hefley.

    (b) Designation.--Notwithstanding Army Regulation AR 1-33, the 
Secretary of the Army shall designate one of the military family housing 
areas or facilities constructed for Fort Carson, Colorado, using the 
authority provided by subchapter IV of chapter 169 of title 10, United 
States Code, as the ``Joel Hefley Village''.

SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK 
            ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE EVANS, A 
            FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES.

    (a) Findings.--Congress makes the following findings:
            (1) Representative Lane Evans was elected to the House of 
        Representatives in 1982 and served in the House of 
        Representatives until the end of the 109th Congress in 2007 
        representing the people of Illinois' 17th Congressional 
        district.
            (2) As a member of the Committee on Armed Services of the 
        House of Representatives, Representative Evans worked to bring 
        common sense priorities to defense spending and strengthen the 
        military's conventional readiness.
            (3) Representative Evans was a tireless advocate for 
        military veterans, ensuring that veterans receive the medical 
        care they need and advocating for individuals suffering from 
        post-traumatic stress disorder and Gulf War Syndrome.
            (4) Representative Evans' efforts to improve the transition 
        of individuals from military service to the care of the 
        Department of Veterans Affairs will continue to benefit 
        generations of veterans long into the future.
            (5) Representative Evans was credited with bringing new 
        services to veterans living in his Congressional district, 
        including outpatient clinics in the Quad Cities and Quincy and 
        the Quad-Cities Vet Center.
            (6) Representative Evans worked with local leaders to 
        promote the Rock Island Arsenal, and it earned new jobs and 
        missions through his support.
            (7) In honor of his service in the Marine Corps and to his 
        district and the United States, it is fitting and proper that 
        the Navy and Marine Corps Reserve Center at Rock Island Arsenal 
        be named in honor of Representative Evans.

    (b) Designation.--The Navy and Marine Corps Reserve Center at Rock 
Island Arsenal, Illinois, shall be known and designated

[[Page 122 STAT. 569]]

as the ``Lane Evans Navy and Marine Corps Reserve Center''. Any 
reference in a law, map, regulation, document, paper, or other record of 
the United States to the Navy and Marine Corps Reserve Center at Rock 
Island Arsenal shall be deemed to be a reference to the Lane Evans Navy 
and Marine Corps Reserve Center.

SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH 
            SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE SHERWOOD L. 
            BOEHLERT, A FORMER MEMBER OF THE UNITED STATES HOUSE OF 
            REPRESENTATIVES.

    The new laboratory building at the Air Force Rome Research Site, 
Rome, New York, shall be known and designated as the ``Sherwood Boehlert 
Center of Excellence for Information Science and Technology''. Any 
reference in a law, map, regulation, document, paper, or other record of 
the United States to such laboratory facility shall be deemed to be a 
reference to the Sherwood Boehlert Center of Excellence for Information 
Science and Technology.

SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS 
            MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE HONORABLE 
            MICHAEL G. OXLEY, A FORMER MEMBER OF THE UNITED STATES HOUSE 
            OF REPRESENTATIVES.

    The administration building under construction at the Joint Systems 
Manufacturing Center in Lima, Ohio, shall be known and designated as the 
``Michael G. Oxley Administration and Technology Center''. Any reference 
in a law, map, regulation, document, paper, or other record of the 
United States to such building shall be deemed to be a reference to the 
Michael G. Oxley Administration and Technology Center.

SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY 
            QUARTERMASTER CENTER AND SCHOOL, FORT LEE, VIRGINIA, IN 
            HONOR OF GENERAL RICHARD H. THOMPSON.

    Notwithstanding Army Regulation AR 1-33, the Logistics Automation 
Training Facility of the Army Quartermaster Center and School at Fort 
Lee, Virginia, shall be known and designated as the ``General Richard H. 
Thompson Logistics Automation Training Facility'' in honor of General 
Richard H. Thompson, the only quartermaster to have risen from private 
to full general. Any reference in a law, map, regulation, document, 
paper, or other record of the United States to such facility shall be 
deemed to be a reference to the General Richard H. Thompson Logistics 
Automation Training Facility.

SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO FORT MEADE, 
            MARYLAND.

    (a) Authority to Carry Out Relocation Agreement.--The Secretary of 
Defense may carry out an agreement to relocate the Joint Spectrum 
Center, a geographically separated unit of the Defense Information 
Systems Agency, from Annapolis, Maryland, to Fort Meade, Maryland, or 
another military installation if--
            (1) the Secretary determines that the relocation of the 
        Joint Spectrum Center is in the best interest of national 
        security and the physical protection of personnel and missions 
        of the Department of Defense; and

[[Page 122 STAT. 570]]

            (2) the agreement between the lease holder and the 
        Department of Defense provides equitable and appropriate terms 
        to facilitate the relocation.

    (b) Authorization.--Any facility, road, or infrastructure 
constructed or altered on a military installation as a result of the 
agreement referred to in subsection (a) is deemed to be authorized in 
accordance with section 2802 of title 10, United States Code.
    (c) Termination of Existing Lease.--Upon completion of the 
relocation of the Joint Spectrum Center, all right, title, and interest 
of the United States in and to the existing lease for the Joint Spectrum 
Center shall be terminated, as contemplated under Condition 29.B of the 
lease.

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

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

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Colorado.....................  Fort Carson..............      $8,100,000
Georgia......................  Fort Stewart.............      $6,000,000
Kansas.......................  Fort Riley...............     $50,000,000
Kentucky.....................  Fort Campbell............      $7,400,000
Louisiana....................  Fort Polk................      $4,900,000
New York.....................  Fort Drum................     $38,000,000
Texas........................  Fort Hood................      $9,100,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Afghanistan..................  Bagram Air Base..........    $249,600,000

[[Page 122 STAT. 571]]

 
                               Ghazni...................      $5,000,000
                               Kabul....................     $36,000,000
Iraq.........................  Camp Adder...............     $80,650,000
                               Al Asad..................     $92,600,000
                               Camp Anaconda............     $53,500,000
                               Camp Constitution........     $11,700,000
                               Camp Cropper.............      $9,500,000
                               Fallujah.................        $880,000
                               Camp Marez...............        $880,000
                               Mosul....................     $43,000,000
                               Q-West...................     $26,000,000
                               Camp Ramadi..............        $880,000
                               Scania...................     $14,200,000
                               Camp Speicher............     $83,900,000
                               Camp Taqqadum............        $880,000
                               Tikrit...................     $43,000,000
                               Camp Victory.............     $65,400,000
                               Camp Warrior.............        $880,000
                               Various Locations........    $207,000,000
Kuwait.......................  Camp Arifjan.............     $30,000,000
------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount of 
$1,257,750,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $123,500,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (b), $1,055,450,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $78,800,000.

    (d) Report Required Before Commencing Certain Projects.--Funds may 
not be obligated for the projects authorized by subsection (b) for Camp 
Arifjan, Kuwait, or Camp Cropper, Iraq, until 14 days after the date on 
which the Secretary of Defense submits to the congressional defense 
committees a report, in either unclassified or classified form, 
containing a detailed justification for the project, including the 
overall intent of the requested construction, host-nation views, 
longevity of the site selected, and timelines for completion. The 
Secretary shall submit the report not later than January 15, 2008.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (d)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

[[Page 122 STAT. 572]]

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Camp Pendleton...............................      $102,034,000
                                                 Twentynine Palms.............................        $4,440,000
North Carolina.................................  Camp Lejeune.................................       $43,340,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (d)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Djibouti.......................................  Camp Lemonier................................       $25,410,000
----------------------------------------------------------------------------------------------------------------

    (c) Family Housing.--Using amounts appropriated pursuant to the 
authorization of appropriations in subsection (d)(4), the Secretary of 
the Navy may construct or acquire family housing units (including land 
acquisition and supporting facilities) at the installations or 
locations, and in the amounts, set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Camp Pendleton...............................       $10,692,000
                                                 Twentynine Palms.............................        $1,074,000
----------------------------------------------------------------------------------------------------------------

    (d) Authorization of Appropriations.--Subject to section 2825 of 
title 10, United States Code, funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$198,781,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $149,814,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (a), $25,410,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $11,791,000.
            (4) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $11,766,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
            PROJECTS.

    (a) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Air Force may acquire real property and

[[Page 122 STAT. 573]]

carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth in 
the following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan....................................  Bagram Air Base..............................      $108,800,000
                                                 Kandahar.....................................       $26,300,000
Iraq...........................................  Balad Air Base...............................       $58,300,000
Kyrgyzstan.....................................  Manas Air Base...............................       $30,300,000
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount of 
$258,700,000, as follows:
            (1) For military construction projects outside the United 
        States authorized by subsection (a), $223,700,000.
            (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $35,000,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION 
            PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                   Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Texas..........................................  Fort Sam Houston.............................       $21,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                   Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Qatar..........................................  Al Udeid.....................................        $6,600,000
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $27,600,000 as follows:

[[Page 122 STAT. 574]]

            (1) For military construction projects inside the United 
        States authorized by subsection (a), $21,000,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (a), $6,600,000.

SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
            THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 AND 
            RELATED AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorized Base Closure and Realignment Activities Funded 
Through Department of Defense Base Closure Account 2005.--Using amounts 
authorized appropriated pursuant to the authorization of appropriations 
in subsection (b), the Secretary of Defense may carry out base closure 
and realignment activities otherwise authorized by section 2702 of this 
Act, including real property acquisition and military construction 
projects, as authorized by the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note) and funded through the Department of Defense Base Closure Account 
2005 established by section 2906A of such Act, in the amount of 
$423,650,000. Such amount is in addition to the amount specified for 
such base closure and realignment activities in section 2702 of this 
Act.
    (b) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2007, for 
base closure and realignment activities authorized by subsection (a) and 
funded through the Department of Defense Base Closure Account 2005 in 
the total amount of $415,910,000.

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                        Subtitle C--Other Matters

Sec. 3121. Study on using existing pits for the Reliable Replacement 
           Warhead program.

[[Page 122 STAT. 575]]

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

                Subtitle D--Nuclear Terrorism Prevention

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

          Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 2008 for the 
activities of the National Nuclear Security Administration in carrying 
out programs necessary for national security in the amount of 
$9,576,095,000, to be allocated as follows:
            (1) For weapons activities, $6,465,574,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,902,646,000.
            (3) For naval reactors, $808,219,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $399,656,000.

    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant projects:
                    Project 08-D-801, High pressure fire loop, Pantex 
                Plant, Amarillo, Texas, $7,000,000.
                    Project 08-D-802, High explosive pressing facility, 
                Pantex Plant, Amarillo, Texas, $25,300,000.
                    Project 08-D-804, Technical Area 55 reinvestment 
                project, Los Alamos National Laboratory, Los Alamos, New 
                Mexico, $6,000,000.
            (2) For facilities and infrastructure recapitalization, the 
        following new plant projects:
                    Project 08-D-601, Mercury highway, Nevada Test Site, 
                Nevada, $7,800,000.
                    Project 08-D-602, Potable water system upgrades, Y-
                12 Plant, Oak Ridge, Tennessee, $22,500,000.
            (3) For safeguards and security, the following new plant 
        project:

[[Page 122 STAT. 576]]

                    Project 08-D-701, Nuclear materials safeguards and 
                security upgrade, Los Alamos National Laboratory, Los 
                Alamos, New Mexico, $49,496,000.
            (4) For naval reactors, the following new plant projects:
                    Project 08-D-901, Shipping and receiving and 
                warehouse complex, Bettis Atomic Power Laboratory, West 
                Mifflin, Pennsylvania, $9,000,000.
                    Project 08-D-190, Project engineering and design, 
                Expended Core Facility M-290 Recovering Discharge 
                Station, Naval Reactors Facility, Idaho Falls, Idaho, 
                $550,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 2008 for 
defense environmental cleanup activities in carrying out programs 
necessary for national security in the amount of $5,367,905,000.
    (b) Authorization for New Plant Project.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out, for defense environmental cleanup 
activities, the following new plant project:
            Project 08-D-414, Project engineering and design, Plutonium 
        Vitrification Facility, various locations, $9,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2008 for other defense activities in carrying out 
programs necessary for national security in the amount of $763,974,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2008 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$292,046,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2008 for energy security and assurance programs 
necessary for national security in the amount of $5,860,000.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

    No funds appropriated pursuant to the authorization of 
appropriations in section 3101(a)(1) or otherwise made available for 
weapons activities of the National Nuclear Security Administration for 
fiscal year 2008 may be obligated or expended for activities under the 
Reliable Replacement Warhead program under section 4204a of the Atomic 
Energy Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.

[[Page 122 STAT. 577]]

SEC. 3112. NUCLEAR TEST READINESS.

    (a) Repeal of Requirements on Readiness Posture.--Section 3113 of 
the National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1743; 50 U.S.C. 2528a) is repealed.
    (b) Reports on Nuclear Test Readiness Postures.--
            (1) In general.--Section 4208 of the Atomic Energy Defense 
        Act (50 U.S.C. 2528) is amended to read as follows:

``SEC. <<NOTE: 50 USC 2528.>> 4208. REPORTS ON NUCLEAR TEST READINESS.

    ``(a) In General.--Not later than March 1, 2009, and every odd-
numbered year thereafter, the Secretary of Energy shall submit to the 
congressional defense committees a report on the nuclear test readiness 
of the United States.
    ``(b) Elements.--Each report under subsection (a) shall include, 
current as of the date of such report, the following:
            ``(1) An estimate of the period of time that would be 
        necessary for the Secretary of Energy to conduct an underground 
        test of a nuclear weapon once directed by the President to 
        conduct such a test.
            ``(2) A description of the level of test readiness that the 
        Secretary of Energy, in consultation with the Secretary of 
        Defense, determines to be appropriate.
            ``(3) A list and description of the workforce skills and 
        capabilities that are essential to carrying out an underground 
        nuclear test at the Nevada Test Site.
            ``(4) A list and description of the infrastructure and 
        physical plant that are essential to carrying out an underground 
        nuclear test at the Nevada Test Site.
            ``(5) An assessment of the readiness status of the skills 
        and capabilities described in paragraph (3) and the 
        infrastructure and physical plant described in paragraph (4).

    ``(c) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.''.
            (2) Clerical amendment.--The item relating to section 4208 
        in the table of contents for such Act is amended to read as 
        follows:

``Sec. 4208. Reports on nuclear test readiness.''.

SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT.

    Section 3111 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3539) is amended--
            (1) by redesignating subsections (c) and (d) as (d) and (e), 
        respectively;
            (2) by inserting after subsection (b) the following:

    ``(c) Form.--The report required by subsection (b) shall be 
submitted in classified form, and shall include a detailed unclassified 
summary.''; and
            (3) in subsection (e), as so redesignated, by striking 
        ``(c)'' and inserting ``(d)''.

SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS 
            DISPOSITION PROGRAM.

    (a) Limitation Pending Report on Use of Prior Fiscal Year Funds.--No 
more than 75 percent of the fiscal year 2008 Fissile Materials 
Disposition program funds may be obligated for the Fissile Materials 
Disposition program until the Secretary of Energy, in consultation with 
the Administrator for Nuclear Security, submits

[[Page 122 STAT. 578]]

to the congressional defense committees a report setting forth a plan 
for obligating and expending funds made available for that program in 
fiscal years before fiscal year 2008 that remain available for 
obligation or expenditure as of January 1, 2005, and for fiscal year 
2008.
    (b) Availability of Unutilized Funds Under Certification of Partial 
Use.--Any funds identified in the plan required in subsection (a) that 
are not planned to be obligated by the end of fiscal year 2009 shall 
also be available for any defense nuclear nonproliferation activities 
(other than the Fissile Materials Disposition program) for which amounts 
are authorized to be appropriated by section 3101(a)(2).
    (c) Fiscal Year 2008 Fissile Materials Disposition Program Funds 
Defined.--In this section, the term ``fiscal year 2008 Fissile Materials 
Disposition program funds'' means amounts authorized to be appropriated 
by section 3101(a)(2) and available for the Fissile Materials 
Disposition program.

SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR 
            WASTE TREATMENT AND IMMOBILIZATION PLANT.

    Paragraph (2) of section 3120(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2510) is amended--
            (1) by striking ``the Defense Contract Management Agency has 
        recommended for acceptance'' and inserting ``an independent 
        entity has reviewed''; and
            (2) by inserting ``and that the system has been certified by 
        the Secretary for use by a construction contractor at the Waste 
        Treatment and Immobilization Plant'' after ``Waste Treatment and 
        Immobilization Plant''.

SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE OMBUDSMAN OF 
            THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
            PROGRAM.

    Section 3686(g) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7385s-15(g)) is amended by 
striking ``on the date that is 3 years after the date of the enactment 
of this section'' and inserting ``October 28, 2012''.

SEC. 3117. TECHNICAL AMENDMENTS.

    The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended as 
follows:
            (1) The heading of section 4204a (50 U.S.C. 2524a) is 
        amended to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
            (2) The table of contents for that Act is amended by 
        inserting after the item relating to section 4204 the following 
        new item:

``Sec. 4204A. Reliable Replacement Warhead program.''.

[[Page 122 STAT. 579]]

                        Subtitle C--Other Matters

SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT 
            WARHEAD PROGRAM.

    (a) Study Required.--The Administrator for Nuclear Security, in 
consultation with the Nuclear Weapons Council, shall carry out a study 
analyzing the feasibility of using existing pits in the Reliable 
Replacement Warhead program.
    (b) Report.--
            (1) In general.--Not later six months after the date of the 
        enactment of this Act, the Administrator shall submit to the 
        congressional defense committees a report on the results of the 
        study. The report shall be in unclassified form, but may include 
        a classified annex.
            (2) Matters included.--The report shall contain the 
        assessment of the Administrator of the results of the study, 
        including--
                    (A) an assessment of--
                          (i) whether using existing pits in the program 
                      is technically feasible;
                          (ii) whether using existing pits in the 
                      program is more advantageous than using newly 
                      manufactured pits in the program;
                          (iii) the number of existing pits suitable for 
                      such use;
                          (iv) whether proceeding to use existing pits 
                      in the program before using newly manufactured 
                      pits in the program is desirable; and
                          (v) the extent to which using existing pits, 
                      as compared to using newly manufactured pits, in 
                      the program would reduce future requirements for 
                      new pit production, and how such use of existing 
                      pits would affect the schedule and scope for new 
                      pit production; and
                    (B) a comparison of the requirements for 
                certifying--
                          (i) reliable replacement warheads using 
                      existing pits;
                          (ii) reliable replacement warheads using newly 
                      manufactured pits; and
                          (iii) warheads maintained by the Stockpile 
                      Life Extension Program.

    (c) Funding.--Of the amounts made available pursuant to the 
authorization of appropriations in section 3101(a)(1), such funds as may 
be necessary shall be available to carry out this section.

SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS.

    Not later than March 1, 2008, the Administrator for Nuclear 
Security, in consultation with the Nuclear Weapons Council, shall submit 
to the congressional defense committees a report on the retirement and 
dismantlement of the nuclear warheads that will not be part of the 
enduring stockpile as of December 31, 2012, but that have not yet been 
retired or dismantled. The report shall include--
            (1) the existing plan and schedule for retiring and 
        dismantling those warheads;

[[Page 122 STAT. 580]]

            (2) an assessment of the capacity of the nuclear weapons 
        complex to accommodate an accelerated schedule for retiring and 
        dismantling those warheads, taking into account the full range 
        of capabilities in the complex; and
            (3) an identification of the resources needed to accommodate 
        such an accelerated schedule for retiring and dismantling those 
        warheads.

SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO NUCLEAR WEAPONS 
            COMPLEX.

    Section 3253(b) of the National Nuclear Security Administration Act 
(50 U.S.C. 2453(b)) is amended by adding at the end the following:
            ``(6) A plan, developed in consultation with the Director of 
        the Office of Health, Safety, and Security of the Department of 
        Energy, for the research and development, deployment, and 
        lifecycle sustainment of the technologies employed within the 
        nuclear weapons complex to address physical and cyber security 
        threats during the applicable five-fiscal year period, together 
        with--
                    ``(A) for each site in the nuclear weapons complex, 
                a description of the technologies deployed to address 
                the physical and cyber security threats posed to that 
                site;
                    ``(B) for each site and for the nuclear weapons 
                complex, the methods used by the National Nuclear 
                Security Administration to establish priorities among 
                investments in physical and cyber security technologies; 
                and
                    ``(C) a detailed description of how the funds 
                identified for each program element specified pursuant 
                to paragraph (1) in the budget for the Administration 
                for each fiscal year during that five-fiscal year period 
                will help carry out that plan.''.

SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.

    (a) Comptroller General Report on Department of Energy Protective 
Force Management.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives a report on the management of the protective 
        forces of the Department of Energy.
            (2) Contents.--The report shall include the following:
                    (A) An identification of each Department of Energy 
                site with Category I nuclear materials.
                    (B) For each site identified under subparagraph 
                (A)--
                          (i) a description of the management and 
                      contractual structure for protective forces at the 
                      site;
                          (ii) a statement of the number and category of 
                      protective force members at the site;
                          (iii) a description of the manner in which the 
                      site is moving to a tactical response force as 
                      required by the policy of the Department of Energy 
                      and an assessment of the issues or problems, if 
                      any, involved in moving to such a force;
                          (iv) a description of the extent to which the 
                      protective force at the site has been assigned or 
                      is responsible

[[Page 122 STAT. 581]]

                      for law enforcement or law-enforcement related 
                      activities;
                          (v) an assessment of the ability of the 
                      protective force at the site to fulfill any such 
                      law enforcement or law enforcement-related 
                      responsibilities; and
                          (vi) an assessment of whether the protective 
                      force at the site is adequately staffed, trained, 
                      and equipped to comply with the requirements of 
                      the Design Basis Threat issued by the Department 
                      of Energy in November 2005 and, if not, when it is 
                      projected to be.
                    (C) An analysis comparing the management, training, 
                pay, benefits, duties, responsibilities, and assignments 
                of the protective force at each site identified under 
                subparagraph (A) with the management, training, pay, 
                benefits, duties, responsibilities, and assignments of 
                the Federal transportation security force of the 
                Department of Energy.
                    (D) A statement of options for managing the 
                protective force at sites identified under subparagraph 
                (A) in a more uniform manner, an analysis of the 
                advantages and disadvantages of each option, and an 
                assessment of the approximate cost of each option when 
                compared with the costs associated with the existing 
                management of the protective force at such sites.
            (3) Form.--The report shall be submitted in unclassified 
        form, but may include a classified annex.

    (b) Department of Energy Analysis of Alternatives for Managing and 
Deploying Protective Forces.--
            (1) In general.--Not <<NOTE: Deadline. Reports.>> later than 
        90 days after the date on which the report is submitted under 
        subsection (a), the Secretary of Energy, in conjunction with the 
        Administrator for Nuclear Security and the Assistant Secretary 
        for Environmental Management, shall submit to the Committee on 
        Armed Services of the Senate and the Committee on Armed Services 
        of the House of Representatives a report on the management of 
        the protective forces of the Department of Energy.
            (2) Contents.--The report shall include the following:
                    (A) Each of the matters specified in subparagraphs 
                (A), (B), and (C) of subsection (a)(2).
                    (B) Each of the matters specified in subparagraph 
                (D) of subsection (a)(2), except that--
                          (i) the options analyzed shall include each of 
                      the options included in the report submitted under 
                      subsection (a), as well as any other options 
                      identified by the Secretary; and
                          (ii) the analysis and assessment shall also 
                      include an analysis of the role played by 
                      incentives inherent in the use of private 
                      contractors to provide protective forces in the 
                      performance of those protective forces.
            (3) Form.--The report shall be submitted in unclassified 
        form, but may include a classified annex.

SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION 
            STRATEGIC PLAN FOR ADVANCED COMPUTING.

    (a) In General.--The Secretary of Energy shall--
            (1) <<NOTE: Contracts.>> enter into an agreement with an 
        independent entity to conduct an evaluation of the strategic 
        plan for advanced

[[Page 122 STAT. 582]]

        computing of the National Nuclear Security Administration; and
            (2) <<NOTE: Deadline. Reports.>> not later than one year 
        after the date of the enactment of this Act, submit to the 
        congressional defense committees a report containing the results 
        of the evaluation described in paragraph (1).

    (b) Elements.--The evaluation described in subsection (a)(1) shall 
include the following:
            (1) An assessment of--
                    (A) the adequacy of the strategic plan in supporting 
                the Stockpile Stewardship Program;
                    (B) the role of research into, and development of, 
                high-performance computing supported by the National 
                Nuclear Security Administration in fulfilling the 
                mission of the National Nuclear Security Administration 
                and in maintaining the leadership of the United States 
                in high-performance computing; and
                    (C) the impacts of changes in investment levels or 
                research and development strategies on fulfilling the 
                missions of the National Nuclear Security 
                Administration.
            (2) An assessment of the efforts of the Department of Energy 
        to--
                    (A) coordinate high-performance computing work 
                within the Department, in particular between the 
                National Nuclear Security Administration and the Office 
                of Science;
                    (B) develop joint strategies with other Federal 
                agencies and private industry groups for the development 
                of high-performance computing; and
                    (C) share high-performance computing developments 
                with private industry and capitalize on innovations in 
                private industry in high-performance computing.

SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF 
            THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD 
            PROGRAM.

    It is the sense of Congress that--
            (1) the United States should maintain its commitment to 
        Article VI of the Treaty on the Non-Proliferation of Nuclear 
        Weapons, done at Washington, London, and Moscow July 1, 1968, 
        and entered into force March 5, 1970 (in this section referred 
        to as the ``Nuclear Non-Proliferation Treaty'');
            (2) the United States should initiate talks with Russia to 
        reduce the number of nonstrategic nuclear weapons and further 
        reduce the number of strategic nuclear weapons in the respective 
        nuclear weapons stockpiles of the United States and Russia in a 
        transparent and verifiable fashion and in a manner consistent 
        with the security of the United States;
            (3) the United States and other declared nuclear weapons 
        state parties to the Nuclear Non-Proliferation Treaty, together 
        with weapons states that are not parties to the Treaty, should 
        work to reduce the total number of nuclear weapons in the 
        respective stockpiles and related delivery systems of such 
        states;
            (4) the United States, Russia, and other states should work 
        to negotiate, and then sign and ratify, a treaty setting forth a 
        date for the cessation of the production of fissile material;

[[Page 122 STAT. 583]]

            (5) the United States should sustain the science-based 
        stockpile stewardship program, which provides the basis for 
        certifying the United States nuclear deterrent and maintaining 
        the moratorium on underground nuclear weapons testing;
            (6) the United States should commit to dismantle as soon as 
        possible all retired warheads or warheads that are planned to be 
        retired from the United States nuclear weapons stockpile;
            (7) the United States, along with the other declared nuclear 
        weapons state parties to the Nuclear Non-Proliferation Treaty, 
        should participate in transparent discussions regarding their 
        nuclear weapons programs and plans, including plans for any new 
        weapons or warheads, and how such programs and plans relate to 
        their obligations as nuclear weapons state parties under the 
        Treaty;
            (8) the United States and the declared nuclear weapons state 
        parties to the Nuclear Non-Proliferation Treaty should work to 
        decrease reliance on, and the importance of, nuclear weapons; 
        and
            (9) the United States should formulate any decision on 
        whether to manufacture or deploy a reliable replacement warhead 
        within the broader context of the progress made by the United 
        States toward achieving each of the goals described in 
        paragraphs (1) through (8).

SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND 
            INTERNATIONAL RADIOLOGICAL THREAT REDUCTION PROGRAM.

    Not later than 120 days after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress a report that sets 
forth a specific plan for strengthening and expanding the Department of 
Energy International Radiological Threat Reduction (IRTR) program within 
the Global Threat Reduction Initiative. The plan shall address concerns 
raised and recommendations made by the Government Accountability Office 
in its report of March 13, 2007, titled ``Focusing on the Highest 
Priority Radiological Sources Could Improve DOE's Efforts to Secure 
Sources in Foreign Countries'', and shall specifically include actions 
to--
            (1) improve the Department's coordination with the 
        Department of State and the Nuclear Regulatory Commission;
            (2) improve information-sharing between the Department and 
        the International Atomic Energy Agency;
            (3) with respect to hospitals and clinics containing 
        radiological sources that receive security upgrades, give high 
        priority to those determined to be the highest risk;
            (4) accelerate efforts to remove as many radioisotope 
        thermoelectric generators (RTGs) in the Russian Federation as 
        practicable;
            (5) develop a long-term sustainability plan for security 
        upgrades that includes, among other things, future resources 
        required to implement such a plan; and
            (6) develop a long-term operational plan that ensures 
        sufficient funding for the IRTR program and ensures sufficient 
        funding to identify, recover, and secure all vulnerable high-
        risk radiological sources worldwide as quickly and effectively 
        as possible.

[[Page 122 STAT. 584]]

SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND 
            MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

    Not later than 120 days after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress a specific plan for 
strengthening and expanding the Department of Energy Materials 
Protection, Control, and Accounting (MPC&A) program. The plan shall 
address concerns raised and recommendations made by the Government 
Accountability Office in its report of February 2007, titled ``Progress 
Made in Improving Security at Russian Nuclear Sites, but the Long-Term 
Sustainability of U.S. Funded Security Upgrades is Uncertain'', and 
shall specifically include actions to--
            (1) strengthen program management and the effectiveness of 
        the Department's efforts to improve security at weapons-usable 
        nuclear material and warhead sites in the Russian Federation and 
        other countries by--
                    (A) revising the metrics used to measure MPC&A 
                program progress to better reflect the level of security 
                upgrade completion at buildings reported as ``secure'';
                    (B) actively working with other countries, in 
                coordination with the Secretary of State, to develop an 
                appropriate access plan for each country; and
                    (C) developing a management information system to 
                track the Department's progress in providing Russia with 
                a sustainable MPC&A system by 2013; and
            (2) <<NOTE: Operational plan.>> develop a long-term 
        operational plan that ensures sufficient funding for the MPC&A 
        program, including for National Programs and Sustainability, and 
        ensures sufficient funding to secure all weapons-usable nuclear 
        material and warhead sites as quickly and effectively as 
        possible.

SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS CAPABILITIES.

    (a) International Agreements.--
            (1) In general.--Title XLIII of the Atomic Energy Defense 
        Act (50 U.S.C. 2561 et seq.) is amended by adding at the end the 
        following:

``SEC. 4307. <<NOTE: 50 USC 2572.>> INTERNATIONAL AGREEMENTS ON NUCLEAR 
            WEAPONS DATA.

    ``The Secretary of Energy may, with the concurrence of the Secretary 
of State and in coordination with the Secretary of Defense, the 
Secretary of Homeland Security, and the Director of National 
Intelligence, enter into agreements with countries or international 
organizations to conduct data collection and analysis to determine 
accurately and in a timely manner the source of any components of, or 
fissile material used or attempted to be used in, a nuclear device or 
weapon.

``SEC. 4308. <<NOTE: 50 USC 2573.>> INTERNATIONAL AGREEMENTS ON 
            INFORMATION ON RADIOACTIVE MATERIALS.

    ``The Secretary of Energy may, with the concurrence of the Secretary 
of State and in coordination with the Secretary of Defense, the 
Secretary of Homeland Security, and the Director of National 
Intelligence, enter into agreements with countries or international 
organizations--

[[Page 122 STAT. 585]]

            ``(1) to acquire for the materials information program of 
        the Department of Energy validated information on the physical 
        characteristics of radioactive material produced, used, or 
        stored at various locations, in order to facilitate the ability 
        to determine accurately and in a timely manner the source of any 
        components of, or fissile material used or attempted to be used 
        in, a nuclear device or weapon; and
            ``(2) to obtain access to information described in paragraph 
        (1) in the event of--
                    ``(A) a nuclear detonation; or
                    ``(B) the interdiction or discovery of a nuclear 
                device or weapon or nuclear material.''.
            (2) Clerical amendment.--The table of contents at the 
        beginning of such Act is amended by inserting after the item 
        relating to section 4306A the following:

``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive 
           materials.''.

    (b) Report on Agreements.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Energy shall, in 
coordination with the Secretary of State, submit to Congress a report 
identifying--
            (1) the countries or international organizations with which 
        the Secretary has sought to make agreements pursuant to sections 
        4307 and 4308 of the Atomic Energy Defense Act, as added by 
        subsection (a);
            (2) any countries or international organizations with which 
        such agreements have been finalized and the measures included in 
        such agreements; and
            (3) any major obstacles to completing such agreements with 
        other countries and international organizations.

    (c) Report <<NOTE: President.>> on Standards and Capabilities.--Not 
later than 180 days after the date of the enactment of this Act, the 
President shall submit to Congress a report--
            (1) setting forth standards and procedures to be used in 
        determining accurately and in a timely manner any country or 
        group that knowingly or negligently provides to another country 
        or group--
                    (A) a nuclear device or weapon;
                    (B) a major component of a nuclear device or weapon; 
                or
                    (C) fissile material that could be used in a nuclear 
                device or weapon;
            (2) assessing the capability of the United States to collect 
        and analyze nuclear material or debris in a manner consistent 
        with the standards and procedures described in paragraph (1); 
        and
            (3) <<NOTE: Plan.>> including a plan and proposed funding 
        for rectifying any shortfalls in the nuclear forensics 
        capabilities of the United States by September 30, 2010.

SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO 
            ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND 
            CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.

    (a) In General.--Not later than September 30, 2008, the Secretary of 
Energy shall submit to the congressional defense committees and the 
Comptroller General of the United States a report

[[Page 122 STAT. 586]]

on the status of the environmental management initiatives undertaken to 
accelerate the reduction of the environmental risks and challenges that, 
as a result of the legacy of the Cold War, are faced by the Department 
of Energy, contractors of the Department, and applicable Federal and 
State agencies with regulatory jurisdiction.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A discussion and assessment of the progress made in 
        reducing the environmental risks and challenges described in 
        subsection (a) in each of the following areas:
                    (A) Acquisition strategy and contract management.
                    (B) Regulatory agreements.
                    (C) Interim storage and final disposal of high-level 
                waste, spent nuclear fuel, transuranic waste, and low-
                level waste.
                    (D) Closure and transfer of environmental 
                remediation sites.
                    (E) Achievements in innovation by contractors of the 
                Department with respect to accelerated risk reduction 
                and cleanup.
                    (F) Consolidation of special nuclear materials and 
                improvements in safeguards and security.
            (2) An assessment of whether legislative changes or 
        clarifications would improve or accelerate environmental 
        management activities.
            (3) A listing of the major mandatory milestones and 
        commitments by site, by type of agreement, and by year to the 
        extent that they are currently defined, together with a summary 
        of the major mandatory milestones by site that are projected to 
        be missed or are in jeopardy of being missed, with categories to 
        explain the reason for non-compliance.
            (4) An estimate of the life cycle cost of the current scope 
        of the environmental management program as of October 1, 2007, 
        by project baseline summary and summarized by site, including 
        assumptions impacting cost projections and descriptions of the 
        work to be done at each site.
            (5) For environmental cleanup liabilities and excess 
        facilities projected to be transferred to the environmental 
        management program, a description of the process for nomination 
        and acceptance of new work scope into the program, a listing of 
        pending nominations, and life cycle cost estimates and schedules 
        to address them.

    (c) Review by Comptroller General.--Not later than March 30, 2009, 
the Comptroller General shall submit to the congressional defense 
committees a report containing a review of the report required by 
subsection (a).

                Subtitle D--Nuclear Terrorism Prevention

SEC. 3131. <<NOTE: 22 USC 3244 note.>> DEFINITIONS.

    In this subtitle:
            (1) The term ``Convention on the Physical Protection of 
        Nuclear Material'' means the Convention on the Physical 
        Protection of Nuclear Material, signed at New York and Vienna 
        March 3, 1980.

[[Page 122 STAT. 587]]

            (2) The term ``formula quantities of strategic special 
        nuclear material'' means uranium-235 (contained in uranium 
        enriched to 20 percent or more in the U-235 isotope), uranium-
        233, or plutonium in any combination in a total quantity of 
        5,000 grams or more computed by the formula, grams = (grams 
        contained U-235) + 2.5 (grams U-233 + grams plutonium), as set 
        forth in the definitions of ``formula quantity'' and ``strategic 
        special nuclear material'' in section 73.2 of title 10, Code of 
        Federal Regulations.
            (3) The term ``Nuclear Non-Proliferation Treaty'' means the 
        Treaty on the Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow July 1, 1968, and entered into 
        force March 5, 1970 (21 UST 483).
            (4) The term ``nuclear weapon'' means any device utilizing 
        atomic energy, exclusive of the means for transporting or 
        propelling the device (where such means is a separable and 
        divisible part of the device), the principal purpose of which is 
        for use as, or for the development of, a weapon, a weapon 
        prototype, or a weapon test device.

SEC. 3132. <<NOTE: 22 USC 3244 note.>> SENSE OF CONGRESS ON THE 
            PREVENTION OF NUCLEAR TERRORISM.

    It is the sense of Congress that--
            (1) the President should make the prevention of a nuclear 
        terrorist attack on the United States a high priority;
            (2) the President should accelerate programs, requesting 
        additional funding as appropriate, to prevent nuclear terrorism, 
        including combating nuclear smuggling, securing and accounting 
        for nuclear weapons, and eliminating, removing, or securing and 
        accounting for formula quantities of strategic special nuclear 
        material wherever such quantities may be;
            (3) the United States, together with the international 
        community, should take a comprehensive approach to reducing the 
        danger of nuclear terrorism, including by making additional 
        efforts to identify and eliminate terrorist groups that aim to 
        acquire nuclear weapons, to ensure that nuclear weapons 
        worldwide are secure and accounted for and that formula 
        quantities of strategic special nuclear material worldwide are 
        eliminated, removed, or secure and accounted for to a degree 
        sufficient to defeat the threat that terrorists and criminals 
        have shown they can pose, and to increase the ability to find 
        and stop terrorist efforts to manufacture nuclear explosives or 
        to transport nuclear explosives and materials anywhere in the 
        world;
            (4) within such a comprehensive approach, a high priority 
        must be placed on ensuring that all nuclear weapons worldwide 
        are secure and accounted for and that all formula quantities of 
        strategic special nuclear material worldwide are eliminated, 
        removed, or secure and accounted for; and
            (5) the International Atomic Energy Agency should be funded 
        appropriately to fulfill its role in coordinating international 
        efforts to protect nuclear material and to combat nuclear 
        smuggling.

SEC. 3133. <<NOTE: 22 USC 3244 note.>> MINIMUM SECURITY STANDARD FOR 
            NUCLEAR WEAPONS AND FORMULA QUANTITIES OF STRATEGIC SPECIAL 
            NUCLEAR MATERIAL.

    (a) Policy.--It is the policy of the United States to work with the 
international community to take all possible steps to

[[Page 122 STAT. 588]]

ensure that all nuclear weapons around the world are secure and 
accounted for and that all formula quantities of strategic special 
nuclear material are eliminated, removed, or secure and accounted for to 
a level sufficient to defeat the threats posed by terrorists and 
criminals.
    (b) International Nuclear Security Standard.--It is the sense of 
Congress that, in furtherance of the policy described in subsection (a), 
and consistent with the requirement for ``appropriate effective'' 
physical protection contained in United Nations Security Council 
Resolution 1540 (2004), as well as the Nuclear Non-Proliferation Treaty 
and the Convention on the Physical Protection of Nuclear Material, the 
President, in consultation with relevant Federal departments and 
agencies, should seek the broadest possible international agreement on a 
global standard for nuclear security that--
            (1) ensures that nuclear weapons and formula quantities of 
        strategic special nuclear material are secure and accounted for 
        to a sufficient level to defeat the threats posed by terrorists 
        and criminals;
            (2) takes into account the limitations of equipment and 
        human performance; and
            (3) includes steps to provide confidence that the needed 
        measures have in fact been implemented.

    (c) International Efforts.--It is the sense of Congress that, in 
furtherance of the policy described in subsection (a), the President, in 
consultation with relevant Federal departments and agencies, should--
            (1) work with other countries and the International Atomic 
        Energy Agency to assist as appropriate, and if necessary work to 
        convince, the governments of any and all countries in possession 
        of nuclear weapons or formula quantities of strategic special 
        nuclear material to ensure that security is upgraded to meet the 
        standard described in subsection (b) as rapidly as possible and 
        in a manner that--
                    (A) accounts for the nature of the terrorist and 
                criminal threat in each such country; and
                    (B) ensures that any measures to which the United 
                States and any such country agree are sustained after 
                United States and other international assistance ends;
            (2) ensure that United States financial and technical 
        assistance is available, as appropriate, to countries for which 
        the provision of such assistance would accelerate the 
        implementation of, or improve the effectiveness of, such 
        security upgrades; and
            (3) work with the governments of other countries to ensure 
        that effective nuclear security rules, accompanied by effective 
        regulation and enforcement, are put in place to govern all 
        nuclear weapons and formula quantities of strategic special 
        nuclear material around the world.

SEC. 3134. <<NOTE: 22 USC 3244 note.>> ANNUAL REPORT.

    (a) In <<NOTE: President.>> General.--Not later than September 1 of 
each year through 2012, the President, in consultation with relevant 
Federal departments and agencies, shall submit to Congress a report on 
the security of nuclear weapons and related equipment and formula 
quantities of strategic special nuclear material outside of the United 
States.

[[Page 122 STAT. 589]]

    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A section on the programs for the security and 
        accounting of nuclear weapons and the elimination, removal, and 
        security and accounting of formula quantities of strategic 
        special nuclear material, established under section 3132(b) of 
        the Ronald W. Reagan National Defense Authorization Act for 
        Fiscal Year 2005 (50 U.S.C. 2569(b)), which shall include the 
        following:
                    (A) A survey of the facilities and sites worldwide 
                that contain nuclear weapons or related equipment, or 
                formula quantities of strategic special nuclear 
                material.
                    (B) A list of such facilities and sites determined 
                to be of the highest priority for security and 
                accounting of nuclear weapons and related equipment, or 
                the elimination, removal, or security and accounting of 
                formula quantities of strategic special nuclear 
                material, taking into account risk of theft from such 
                facilities and sites, and organized by level of 
                priority.
                    (C) <<NOTE: Plan.>> A prioritized plan, including 
                measurable milestones, metrics, estimated timetables, 
                and estimated costs of implementation, on the following:
                          (i) The security and accounting of nuclear 
                      weapons and related equipment and the elimination, 
                      removal, or security and accounting of formula 
                      quantities of strategic special nuclear material 
                      at such facilities and sites worldwide.
                          (ii) Ensuring that security upgrades and 
                      accounting reforms implemented at such facilities 
                      and sites worldwide, using the financial and 
                      technical assistance of the United States, are 
                      effectively sustained after such assistance ends.
                          (iii) The role that international agencies and 
                      the international community have committed to 
                      play, together with a plan for securing 
                      international contributions.
                    (D) An assessment of the progress made in 
                implementing the plan described in subparagraph (C), 
                including a description of the efforts of foreign 
                governments to secure and account for nuclear weapons 
                and related equipment and to eliminate, remove, or 
                secure and account for formula quantities of strategic 
                special nuclear material.
            (2) A section on efforts to establish and implement the 
        international nuclear security standard described in section 
        3133(b) and related policies.

    (c) Form.--The report may be submitted in classified form but shall 
include a detailed unclassified summary.

[[Page 122 STAT. 590]]

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

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

SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR 
            NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2008 to the Department of Energy for the National Nuclear 
Security Administration for defense nuclear nonproliferation in the 
amount of $50,000,000, of which $30,000,000 is for the International 
Nuclear Materials Protection and Cooperation program and $20,000,000 is 
for the Global Threat Reduction Initiative.
    (b) Treatment as Additional Authorization.--The amounts authorized 
to be appropriated by this section are in addition to amounts otherwise 
authorized to be appropriated by this Act.

          TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

SEC. 3301. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2008, 
$22,499,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

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

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There are hereby authorized to be appropriated to the 
Secretary of Energy $17,301,000 for fiscal year 2008 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain available 
until expended.

SEC. 3402. <<NOTE: Utah.>> REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.

    Section 3405(i) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 7420 note) is 
amended by adding at the end the following new paragraph:
    ``(6)(A) <<NOTE: Deadline.>> Not later than October 1, 2019, the 
Secretary of Energy shall complete remediation at the Moab site and 
removal of the tailings to the Crescent Junction site in Utah.

[[Page 122 STAT. 591]]

    ``(B) <<NOTE: Plan.>> In the event the Secretary of Energy is unable 
to complete remediation at the Moab Site by October 1, 2019, the 
Secretary shall submit to Congress a plan setting forth the projected 
completion date and the estimated funding to meet the revised date.   
<<NOTE: Deadline.>> The Secretary shall submit the plan, if required, to 
Congress not later than October 2, 2019.''.

                   TITLE XXXV--MARITIME ADMINISTRATION

           Subtitle A--Maritime Administration Reauthorization

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

                          Subtitle B--Programs

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

                    Subtitle C--Technical Corrections

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

           Subtitle A--Maritime Administration Reauthorization

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.

     Funds are hereby authorized to be appropriated for fiscal year 
2008, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation for 
the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, $124,303,000, of which--
                    (A) $63,958,000 shall remain available until 
                expended for expenses and capital improvements at the 
                United States Merchant Marine Academy; and
                    (B) $11,500,000 which shall remain available until 
                expended for maintenance and repair of school ships at 
                the State Maritime Academies.
            (2) For expenses to maintain and preserve a United States-
        flag merchant fleet to serve the national security needs of the 
        United States under chapter 531 of title 46, United States Code, 
        $156,000,000.
            (3) For paying reimbursement under section 3517 of the 
        Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
        $19,500,000.

[[Page 122 STAT. 592]]

            (4) For assistance to small shipyards and maritime 
        communities under section 54101 of title 46, United States Code, 
        $25,000,000.
            (5) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, including provision of 
        assistance under section 7 of Public Law 92-402, $20,000,000.
            (6) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $30,000,000.
            (7) For administrative expenses related to the 
        implementation of the loan guarantee program under chapter 537 
        of title 46, United States Code, administrative expenses related 
        to implementation of the reimbursement program under section 
        3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 
        note), and administrative expenses related to the implementation 
        of the small shipyards and maritime communities assistance 
        program under section 54101 of title 46, United States Code, 
        $6,000,000.

SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS TO 
            NAVY FOR DISPOSAL.

    The Secretary of Transportation shall, subject to the availability 
of appropriations and consistent with section 1535 of title 31, United 
States Code, popularly known as the Economy Act, transfer to the 
Secretary of the Navy during fiscal year 2008 for disposal by the Navy, 
no fewer than 3 combatant vessels in the nonretention fleet of the 
Maritime Administration that are acceptable to the Secretary of the 
Navy.

SEC. <<NOTE: 46 USC 57102 note.>> 3503. VESSEL DISPOSAL PROGRAM.

    (a) In General.--Within <<NOTE: Deadline. Establishment.>> 30 days 
after the date of the enactment of this Act, the Secretary of 
Transportation shall convene a working group to review and make 
recommendations on best practices for the storage and disposal of 
obsolete vessels owned or operated by the Federal Government. The 
Secretary shall invite senior representatives from the Maritime 
Administration, the Coast Guard, the Environmental Protection Agency, 
the National Oceanic and Atmospheric Administration, and the United 
States Navy to participate in the working group. The Secretary may 
request the participation of senior representatives of any other Federal 
department or agency, as appropriate, and may also request participation 
from concerned State environmental agencies.

    (b) Scope.--Among the vessels to be considered by the working group 
are Federally owned or operated vessels that are--
            (1) to be scrapped or recycled;
            (2) to be used as artificial reefs; or
            (3) to be used for the Navy's SINKEX program.

    (c) Purpose.--The working group shall--
            (1) examine current storage and disposal policies, 
        procedures, and practices for obsolete vessels owned or operated 
        by Federal agencies;
            (2) examine Federal and State laws and regulations governing 
        such policies, procedures, and practices and any applicable 
        environmental laws; and
            (3) <<NOTE: Deadline. Plan.>> within 90 days after the date 
        of enactment of the Act, submit a plan to the Committee on Armed 
        Services and the Committee on Commerce, Science and 
        Transportation of

[[Page 122 STAT. 593]]

        the Senate and the Committee on Armed Services of the House of 
        Representatives to improve and harmonize practices for storage 
        and disposal of such vessels, including the interim 
        transportation of such vessels.

    (d) Contents of Plan.--The working group shall include in the plan 
submitted under subsection (c)(3)--
            (1) a description of existing measures for the storage, 
        disposal, and interim transportation of obsolete vessels owned 
        or operated by Federal agencies in compliance with Federal and 
        State environmental laws in a manner that protects the 
        environment;
            (2) a description of Federal and State laws and regulations 
        governing the current policies, procedures, and practices for 
        the storage, disposal, and interim transportation of such 
        vessels;
            (3) recommendations for environmental best practices that 
        meet or exceed, and harmonize, the requirements of Federal 
        environmental laws and regulations applicable to the storage, 
        disposal, and interim transportation of such vessels;
            (4) recommendations for environmental best practices that 
        meet or exceed the requirements of State laws and regulations 
        applicable to the storage, disposal, and interim transportation 
        of such vessels;
            (5) procedures for the identification and remediation of any 
        environmental impacts caused by the storage, disposal, and 
        interim transportation of such vessels; and
            (6) recommendations for necessary steps, including 
        regulations if appropriate, to ensure that best environmental 
        practices apply to all such vessels.

    (e) Implementation of Plan.--
            (1) In general.--As soon as practicable after the date of 
        enactment of the Act, the head of each Federal department or 
        agency participating in the working group, in consultation with 
        the other Federal departments and agencies participating in the 
        working group, shall take such action as may be necessary, 
        including the promulgation of regulations, under existing 
        authorities to ensure that the implementation of the plan 
        provides for compliance with all Federal and State laws and for 
        the protection of the environment in the storage, interim 
        transportation, and disposal of obsolete vessels owned or 
        operated by Federal agencies.
            (2) Armed services vessels.--The Secretary and the Secretary 
        of Defense, in consultation with the Administrator of the 
        Environmental Protection Agency, shall each ensure that 
        environmental best practices are observed with respect to the 
        storage, disposal, and interim transportation of obsolete 
        vessels owned or operated by the Department of Defense.

    (f) Rule of Construction.--Nothing in this section shall be 
construed to supersede, limit, modify, or otherwise affect any other 
provision of law, including environmental law.

                          Subtitle B--Programs

SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.

    (a) In General.--Subchapter III of chapter 575 of title 46, United 
States Code, is amended by adding at the end the following:

[[Page 122 STAT. 594]]

``Sec. 57533. Vessel chartering authority

    ``The Secretary of Transportation may enter into contracts or other 
agreements on behalf of the United States to purchase, charter, operate, 
or otherwise acquire the use of any vessels documented under chapter 121 
of this title and any other related real or personal property. The 
Secretary is authorized to use this authority as the Secretary deems 
appropriate.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 575 of 
such title is amended by adding at the end the following:

``57533. Vessel chartering authority''.

SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING AUTHORITY.

    Section 50303 of title 46, United States Code, is amended by--
            (1) inserting ``vessels,'' after ``piers,''; and
            (2) by striking ``control;'' in subsection (a)(1) and 
        inserting ``control, except that the prior consent of the 
        Secretary of Defense for such use shall be required with respect 
        to any vessel in the Ready Reserve Force or in the National 
        Defense Reserve Fleet which is maintained in a retention status 
        for the Department of Defense;''.

SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL INSTRUMENTALITIES.

    Section 11(b) of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 
1744(b)), is amended--
            (1) by striking ``or'' after the semicolon in paragraph (3);
            (2) by striking ``Defense.'' in paragraph (4) and inserting 
        ``Defense; or''; and
            (3) by adding at the end thereof the following:
            ``(5) on a reimbursable basis, for charter to the government 
        of any State, locality, or Territory of the United States, 
        except that the prior consent of the Secretary of Defense for 
        such use shall be required with respect to any vessel in the 
        Ready Reserve Force or in the National Defense Reserve Fleet 
        which is maintained in a retention status for the Department of 
        Defense.''.

SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

    Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16 
U.S.C. 5405(c)(1)) is amended--
            (1) by inserting ``(either by sale or purchase of disposal 
        services)'' after ``shall dispose''; and
            (2) by striking subparagraph (A) of paragraph (1) and 
        inserting the following:
                    ``(A) in accordance with a priority system for 
                disposing of vessels, as determined by the Secretary, 
                which shall include provisions requiring the Maritime 
                Administration to--
                          ``(i) <<NOTE: Deadline.>> dispose of all 
                      deteriorated high priority ships that are 
                      available for disposal, within 12 months of their 
                      designation as such; and
                          ``(ii) give priority to the disposition of 
                      those vessels that pose the most significant 
                      danger to the environment or cost the most to 
                      maintain;''.

[[Page 122 STAT. 595]]

SEC. 3515. VESSEL TRANSFER AUTHORITY.

    Section 50304 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(d) Vessel Charters to Other Departments.--On a reimbursable or 
nonreimbursable basis, as determined by the Secretary of Transportation, 
the Secretary may charter or otherwise make available a vessel under the 
jurisdiction of the Secretary to any other department, upon the request 
by the Secretary of the Department that receives the vessel. The prior 
consent of the Secretary of Defense for such use shall be required with 
respect to any vessel in the Ready Reserve Force or in the National 
Defense Reserve Fleet which is maintained in a retention status for the 
Department of Defense.''.

SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.

    Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
                    ``(B) <<NOTE: Deadline.>> activate and conduct sea 
                trials on each vessel at least once every 30 months;''.

SEC. 3517. <<NOTE: 46 USC 53703 note.>> REVIEW OF APPLICATIONS FOR LOANS 
            AND GUARANTEES.

    (a) Findings.--The Congress makes the following findings:
            (1) The maritime loan guarantee program was established by 
        the Congress through the Merchant Marine Act, 1936 to encourage 
        domestic shipbuilding by making available federally backed loan 
        guarantees for new construction to ship owners and operators.
            (2) The maritime loan guarantee program has a long and 
        successful history of ship construction with a low historical 
        default rate.
            (3) The current process for review of applications for 
        maritime loans in the Department of Transportation has 
        effectively discontinued the program as envisioned by the 
        Congress.
            (4) The President has requested no funding for the loan 
        guarantee program despite the stated national policy to foster 
        the development and encourage the maintenance of a merchant 
        marine in section 50101 of title 46, United States Code.
            (5) United States commercial shipyards were placed at a 
        competitive disadvantage in the world shipbuilding market by 
        government subsidized foreign commercial shipyards.
            (6) The maritime loan guarantee program has the potential to 
        modernize shipyards and the ships of the United States coastwise 
        trade and restore a competitive position in the world 
        shipbuilding market for United States shipyards.
            (7) The maritime loan guarantee program is a useful tool to 
        encourage domestic shipbuilding, preserving a vital industrial 
        capacity critical to the security of the United States.

    (b) Requirements.--
            (1) In general.--Within <<NOTE: Deadline. Plan.>> 180 days 
        after the date of enactment of this Act, the Administrator of 
        the Maritime Administration shall develop and implement a 
        comprehensive plan for the review of applications for loan 
        guarantees under chapter 537 of title 46, United States Code.
            (2) Deadline for action on application.--
                    (A) Traditional applications.--In the comprehensive 
                plan the Administrator will ensure that within the 90-
                day period following receipt of all pertinent 
                documentation

[[Page 122 STAT. 596]]

                required for review of a traditional loan application, 
                the application shall be either accepted or rejected.
                    (B) Nontraditional applications.--In the 
                comprehensive plan the Administrator will ensure that 
                within the 180-day period following receipt of all 
                pertinent documentation required for review of a 
                nontraditional loan application, the application shall 
                be either accepted or rejected.

    (c) Submission to <<NOTE: Deadline. Records.>> Congress.--The 
Administrator shall submit a copy of the comprehensive plan to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Armed Services of the House of Representatives within 180 
days after the date of enactment of this Act.

    (d) Definitions.--In this section:
            (1) Traditional application.--The term ``traditional 
        application'' means an application for a loan, guarantee, or 
        commitment to guarantee submitted pursuant to chapter 537 of 
        title 46, United States Code, that involves a market, 
        technology, and financial structure of a type that has proven 
        successful in previous applications and does not present an 
        unreasonable risk to the United States, as determined by the 
        Administrator of the Maritime Administration.
            (2) Nontraditional application.--The term ``nontraditional 
        application'' means an application for a loan, guarantee, or 
        commitment to guarantee submitted pursuant to chapter 537 of 
        title 46, United States Code, that is not a traditional 
        application, as determined by the Administrator of the Maritime 
        Administration.

                    Subtitle C--Technical Corrections

SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.

    (a) Amendment.--Section 30104 of title 46, United States Code, is 
amended--
            (1) by striking ``(a) Cause of Action.--''; and
            (2) by repealing subsection (b).

    (b) Effective <<NOTE: 46 USC 30104 note.>> Date.--The amendment made 
by subsection (a) shall be effective as if included in the enactment of 
Public Law 109-304.

SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.

    (a) Amendments.--Title 46, United States Code, is amended as 
follows:
            (1) Section 53701 is amended by--
                    (A) redesignating paragraphs (2) through (13) as 
                paragraphs (3) through (14), respectively;
                    (B) inserting after paragraph (1) the following:
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Maritime Administration.''; and
                    (C) striking paragraph (13) (as redesignated) and 
                inserting the following:
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Commerce with respect to fishing vessels and fishery 
        facilities.''.
            (2) Section 53706(c) is amended to read as follows:

[[Page 122 STAT. 597]]

    ``(c) Priorities for Certain Vessels.--
            ``(1) Vessels.--In guaranteeing or making a commitment to 
        guarantee an obligation under this chapter, the Administrator 
        shall give priority to--
                    ``(A) a vessel that is otherwise eligible for a 
                guarantee and is constructed with assistance under 
                subtitle D of the Maritime Security Act of 2003 (46 
                U.S.C. 53101 note); and
                    ``(B) after applying subparagraph (A), a vessel that 
                is otherwise eligible for a guarantee and that the 
                Secretary of Defense determines--
                          ``(i) is suitable for service as a naval 
                      auxiliary in time of war or national emergency; 
                      and
                          ``(ii) meets a shortfall in sealift capacity 
                      or capability.
            ``(2) Time for determination.--The Secretary of Defense 
        shall determine whether a vessel satisfies paragraph (1)(B) not 
        later than 30 days after receipt of a request from the 
        Administrator for such a determination.''.
            (3) Section 53707 is amended--
                    (A) by inserting ``or Administrator'' in subsections 
                (a) and (d) after ``Secretary'' each place it appears;
                    (B) by striking ``Secretary of Transportation'' in 
                subsection (b) and inserting ``Administrator'';
                    (C) by striking ``of Commerce'' in subsection (c); 
                and
                    (D) in subsection (d)(2), by--
                          (i) inserting ``if the Secretary or 
                      Administrator considers necessary,'' before ``the 
                      waiver''; and
                          (ii) striking ``the increased'' and inserting 
                      ``any significant increase in''.
            (4) Section 53708 is amended--
                    (A) by striking ``Secretary of Transportation'' in 
                the heading of subsection (a) and inserting 
                ``Administrator'';
                    (B) by striking ``Secretary'' and ``Secretary of 
                Transportation'' each place they appear in subsection 
                (a) and inserting ``Administrator'';
                    (C) by striking ``of Commerce'' in the heading of 
                subsection (b);
                    (D) by striking ``of Commerce'' in subsections (b) 
                and (c);
                    (E) in subsection (d), by--
                          (i) inserting ``or Administrator'' after 
                      ``Secretary'' the first place it appears; and
                          (ii) striking ``financial structures, or other 
                      risk factors identified by the Secretary. Any 
                      independent analysis conducted under this 
                      subsection shall be performed by a party chosen by 
                      the Secretary.'' and inserting ``or financial 
                      structures. A third party independent analysis 
                      conducted under this subsection shall be performed 
                      by a private sector expert in assessing such risk 
                      factors who is selected by the Secretary or 
                      Administrator.''; and
                    (F) in subsection (e), by--
                          (i) inserting ``or Administrator'' after 
                      ``Secretary'' the first place it appears; and

[[Page 122 STAT. 598]]

                          (ii) striking ``financial structures, or other 
                      risk factors identified by the Secretary'' and 
                      inserting ``or financial structures''.
            (5) Section 53710(b)(1) is amended by striking 
        ``Secretary's'' and inserting ``Administrator's''.
            (6) Section 53712(b) is amended by striking the last 
        sentence and inserting ``If the Secretary or Administrator has 
        waived a requirement under section 53707(d) of this title, the 
        loan agreement shall include requirements for additional 
        payments, collateral, or equity contributions to meet the waived 
        requirement upon the occurrence of verifiable conditions 
        indicating that the obligor's financial condition enables the 
        obligor to meet the waived requirement.''.
            (7) Subsections (c) and (d) of section 53717 are each 
        amended--
                    (A) by striking ``of Commerce'' in the subsection 
                heading; and
                    (B) by striking ``of Commerce'' each place it 
                appears.
            (8) Section 53732(e)(2) is amended by inserting ``of 
        Defense'' after ``Secretary'' the second place it appears.
            (9) The following provisions are amended by striking 
        ``Secretary'' and ``Secretary of Transportation'' and inserting 
        ``Administrator'':
                    (A) Section 53710(b)(2)(A)(i).
                    (B) Section 53717(b) each place it appears in a 
                heading and in text.
                    (C) Section 53718.
                    (D) Section 53731 each place it appears, except 
                where ``Secretary'' is followed by ``of Energy''.
                    (E) Section 53732 (as amended by paragraph (8)) each 
                place it appears, except where ``Secretary'' is followed 
                by ``of the Treasury'', ``of State'', or ``of Defense''.
                    (F) Section 53733 each place it appears.
            (10) The following provisions are amended by inserting ``or 
        Administrator'' after ``Secretary'' each place it appears in 
        headings and text, except where ``Secretary'' is followed by 
        ``of Transportation'' or ``of the Treasury'':
                    (A) The items relating to sections 53722 and 53723 
                in the chapter analysis for chapter 537.
                    (B) Sections 53701(1), (4), and (9) (as redesignated 
                by paragraph (1)(A)), 53702(a), 53703, 53704, 
                53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and 
                (d), 53710(a) and (c), 53711, 53712 (except in the last 
                sentence of subsection (b) as amended by paragraph (6)), 
                53713 to 53716, 53721 to 53725, and 53734.
            (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 
        53722(a)(1) and (b)(1)(B), and 53724(b) are amended by inserting 
        ``or Administrator's'' after ``Secretary's''.

    (b) Repeal of Superseded Amendments.--Section 3507 (except 
subsection (c)(4)) of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163) is <<NOTE: 46 USC 537013et 
seq.>> repealed.

SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.

    (a) Amendments.--Title 46, United States Code, is amended as 
follows:

[[Page 122 STAT. 599]]

            (1) <<NOTE: 46 USC 51306, 51311, 51509, 51511.>> Chapters 
        513 and 515 are amended by striking ``Naval Reserve'' each place 
        it appears in analyses, headings, and text and inserting ``Navy 
        Reserve''.
            (2) Section 51504(f) is amended to read as follows:

    ``(f) Fuel Costs.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall pay to each State maritime 
        academy the costs of fuel used by a vessel provided under this 
        section while used for training.
            ``(2) Maximum amounts.--The amount of the payment to a State 
        maritime academy under paragraph (1) may not exceed--
                    ``(A) $100,000 for fiscal year 2006;
                    ``(B) $200,000 for fiscal year 2007; and
                    ``(C) $300,000 for fiscal year 2008 and each fiscal 
                year thereafter.''.
            (3) Section 51505(b)(2)(B) is amended by striking 
        ``$200,000'' and inserting ``$300,000 for fiscal year 2006, 
        $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 
        and each fiscal year thereafter''.
            (4) Section 51701(a) is amended by striking ``of the United 
        States.'' and inserting ``of the United States and to perform 
        functions to assist the United States merchant marine, as 
        determined necessary by the Secretary.''.
            (5)(A) Section 51907 is amended to read as follows:

``Sec. 51907. Provision of decorations, medals, and replacements

    ``The Secretary of Transportation may provide--
            ``(1) the decorations and medals authorized by this chapter 
        and replacements for those decorations and medals; and
            ``(2) replacements for decorations and medals issued under a 
        prior law.''.
            (B) The item relating to section 51907 in the chapter 
        analysis for chapter 519 is amended to read as follows:

``51907. Provision of decorations, medals, and replacements''.

            (6)(A) The following new chapter is inserted after chapter 
        539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec
``54101. Assistance for small shipyards and maritime communities''.

            (B) Section 3506 of the National Defense Authorization Act 
        for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to 
        and redesignated as section 54101 of title 46, United States 
        Code, to appear at the end of chapter 541 of title 46, as 
        inserted by subparagraph (A).
            (C) The heading of such section, as transferred by 
        subparagraph (B), is amended to read as follows:

``Sec. 54101. Assistance for small shipyards and maritime communities''.

            (D) Paragraph (1) of subsection (h) of such section, as 
        transferred by subparagraph (B), is amended by striking ``(15 
        U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.

[[Page 122 STAT. 600]]

            (E) The table of chapters at the beginning of subtitle V is 
        amended by inserting after the item relating to chapter 539 the 
        following new item:

``541. Miscellaneous                                            54101''.

    (b) Repeal of Superseded Amendments.--Sections 515(g)(2), 3502, 
3509, and 3510 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163) <<NOTE: 46 USC 51306, 51311, 51504, 51505, 
51509, 51511, 51701, 51907.>> are repealed.

SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.

    (a) Amendments.--Section 60301 of title 46, United States Code, is 
amended--
            (1) by striking ``2 cents per ton (but not more than a total 
        of 10 cents per ton per year)'' in subsection (a) and inserting 
        ``4.5 cents per ton, not to exceed a total of 22.5 cents per ton 
        per year, for fiscal years 2006 through 2010, and 2 cents per 
        ton, not to exceed a total of 10 cents per ton per year, for 
        each fiscal year thereafter,''; and
            (2) by striking ``6 cents per ton (but not more than a total 
        of 30 cents per ton per year)'' in subsection (b) and inserting 
        ``13.5 cents per ton, not to exceed a total of 67.5 cents per 
        ton per year, for fiscal years 2006 through 2010, and 6 cents 
        per ton, not to exceed a total of 30 cents per ton per year, for 
        each fiscal year thereafter,''.

    (b) Repeal of Superseded Amendments.--Section 4001 of the Deficit 
Reduction Act of 2005 (Public Law 109-171) <<NOTE: 46 USC 60301.>> is 
repealed.

SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.

    (a) Amendments.--Title 46, United States Code, is amended as 
follows:
            (1) Section 12111 is amended by adding at the end the 
        following:

    ``(d) Activities Involving Mobile Offshore Drilling Units.--
            ``(1) In general.--Only a vessel for which a certificate of 
        documentation with a registry endorsement is issued may engage 
        in--
                    ``(A) the setting, relocation, or recovery of the 
                anchors or other mooring equipment of a mobile offshore 
                drilling unit that is located over the outer Continental 
                Shelf (as defined in section 2(a) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1331(a))); or
                    ``(B) the transportation of merchandise or personnel 
                to or from a point in the United States from or to a 
                mobile offshore drilling unit located over the outer 
                Continental Shelf that is not attached to the seabed.
            ``(2) Coastwise trade not authorized.--Nothing in paragraph 
        (1) authorizes the employment in the coastwise trade of a vessel 
        that does not meet the requirements of section 12112 of this 
        title.''.
            (2) Section 12139(a) is amended by striking ``and 
        charterers'' and inserting ``charterers, and mortgagees''.
            (3) Section 51307 is amended--
                    (A) by striking ``and'' at the end of paragraph (2);
                    (B) by striking ``organizations.'' in paragraph (3) 
                and inserting ``organizations; and''; and
                    (C) by adding at the end the following:

[[Page 122 STAT. 601]]

            ``(4) on any other vessel considered by the Secretary to be 
        necessary or appropriate or in the national interest.''.
            (4) Section 55105(b)(3) is amended by striking ``Secretary 
        of the department in which the Coast Guard is operating'' and 
        inserting ``Secretary of Homeland Security''.
            (5) Section 70306(a) is amended by striking ``Not later than 
        February 28 of each year, the Secretary shall submit a report'' 
        and inserting ``The Secretary shall submit an annual report''.
            (6) Section 70502(d)(2) is amended to read as follows:
            ``(2) Response to claim 
        of <<NOTE: Certification.>> registry.--The response of a foreign 
        nation to a claim of registry under paragraph (1)(A) or (C) may 
        be made by radio, telephone, or similar oral or electronic 
        means, and is proved conclusively by certification of the 
        Secretary of State or the Secretary's designee.''.

    (b) Repeal of Superseded Amendments.--Sections 303, 307, 308, 310, 
901(q), and 902(o) of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241) <<NOTE: 46 USC 12111, 12139, 51307, 55105, 
70306, 70502.>> are repealed.

SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.

    (a) Updating of Cross References.--Section 1017(b)(2) of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364, 10 U.S.C. 2631 note) is amended by striking ``section 27 of 
the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title 
46, United States Code, and section 2 of the Shipping Act, 1916 (46 
U.S.C. App. 802)'' and inserting ``sections 12112, 50501, and 55102 of 
title 46, United States Code''.
    (b) Section 51306(e).--
            (1) In general.--Section 51306 of title 46, United States 
        Code, is amended by adding at the end the following:

    ``(e) Alternative Service.--
            ``(1) Service as commissioned officer.--An individual who, 
        for the 5-year period following graduation from the Academy, 
        serves as a commissioned officer on active duty in an armed 
        force of the United States or as a commissioned officer of the 
        National Oceanic and Atmospheric Administration or the Public 
        Health Service shall be excused from the requirements of 
        paragraphs (3) through (5) of subsection (a).
            ``(2) Modification or waiver.--The Secretary may modify or 
        waive any of the terms and conditions set forth in subsection 
        (a) through the imposition of alternative service 
        requirements.''.
            (2) Application.--Section <<NOTE: 46 USC 51306 
        note.>> 51306(e) of title 46, United States Code, as added by 
        paragraph (1), applies only to an individual who enrolls as a 
        cadet at the United States Merchant Marine Academy, and signs an 
        agreement under section 51306(a) of title 46, after October 17, 
        2006.

    (c) Section 51306(f).--
            (1) In general.--Section 51306 of title 46, United States 
        Code, is further amended by adding at the end the following:

    ``(f) Service Obligation Performance Reporting Requirement.--
            ``(1) In general.--Subject to any otherwise applicable 
        restrictions on disclosure in section 552a of title 5, the 
        Secretary of Defense, the Secretary of the department in which 
        the Coast Guard is operating, the Administrator of the National 
        Oceanic

[[Page 122 STAT. 602]]

        and Atmospheric Administration, and the Surgeon General of the 
        Public Health Service--
                    ``(A) <<NOTE: Reports.>> shall report the status of 
                obligated service of an individual graduate of the 
                Academy upon request of the Secretary; and
                    ``(B) may, in their discretion, notify the Secretary 
                of any failure of the graduate to perform the graduate's 
                duties, either on active duty or in the Ready Reserve 
                component of their respective service, or as a 
                commissioned officer of the National Oceanic and 
                Atmospheric Administration or the Public Health Service, 
                respectively.
            ``(2) Information to be provided.--A report or notice under 
        paragraph (1) shall identify any graduate determined to have 
        failed to comply with service obligation requirements and 
        provide all required information as to why such graduate failed 
        to comply.
            ``(3) Considered as in default.--Upon receipt of such a 
        report or notice, such graduate may be considered to be in 
        default of the graduate's service obligations by the Secretary, 
        and subject to all remedies the Secretary may have with respect 
        to such a default.''.
            (2) Application.--Section <<NOTE: 46 USC 57306 
        note.>> 51306(f) of title 46, United States Code, as added by 
        paragraph (1), does not apply with respect to an agreement 
        entered into under section 51306(a) of title 46, United States 
        Code, before October 17, 2006.

    (d) Section 51509(c).--Section 51509(c) of title 46, United States 
Code, is amended--
            (1) by striking ``Midshipman and'' in the subsection heading 
        and ``midshipman and'' in the text; and
            (2) inserting ``or the Coast Guard Reserve'' after 
        ``Reserve)''.

    (e) Section 51908(a).--Section 51908(a) of title 46, United States 
Code, is amended by striking ``under this chapter'' and inserting ``by 
this chapter or the Secretary of Transportation''.
    (f) Section 53105(e)(2).--Section 53105(e)(2) of title 46, United 
States Code, is amended by striking ``section 2 of the Shipping Act, 
1916 (46 U.S.C. App. 802),'' and inserting ``section 50501 of this 
title''.
    (g) Repeal of Superseded Amendments.--Sections 3505, 3506, 3508, and 
3510(a) and (b) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364) <<NOTE: 46 USC 51306 and note, 
51509, 51908, 53909 and note.>> are repealed.

SEC. 3527. MISCELLANEOUS AMENDMENTS.

    (a) Deletion of Obsolete Reference to Canton Island.--Section 
55101(b) of title 46, United States Code, is amended--
            (1) by inserting ``or'' after the semicolon at the end of 
        paragraph (2);
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).

    (b) Improvement of Heading.--Title 46, United States Code, is 
amended as follows:
            (1) The heading of section 55110 is amended by inserting 
        ``valueless material or'' before ``dredged material''.
            (2) The item for section 55110 in the analysis for chapter 
        551 is amended by inserting ``valueless material or'' before 
        ``dredged material''.

[[Page 122 STAT. 603]]

SEC. 3528. <<NOTE: 46 USC 53511 note.>> APPLICATION OF SUNSET PROVISION 
            TO CODIFIED PROVISION.

    For purposes of section 303 of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108-27, 26 U.S.C. 1 note), the 
amendment made by section 301(a)(2)(E) of that Act shall be deemed to 
have been made to section 53511(f)(2) of title 46, United States Code.

SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.

    (a) Amendments to Title 46.--Title 46, United States Code, is 
amended as follows:
            (1) The analysis for chapter 21 is amended by striking the 
        item relating to section 2108.
            (2) Section 12113(g) is amended by inserting ``and'' after 
        ``Conservation''.
            (3) Section 12131 is amended by striking ``commmand'' and 
        inserting ``command''.

    (b) Amendments to Public Law 109-304.--
            (1) Amendments.--Public Law 109-304 is amended as follows:
                    (A) Section 15(10) <<NOTE: 46 USC 3205.>> is amended 
                by striking ``46 App. U.S.C.'' and inserting ``46 U.S.C. 
                App.''.
                    (B) Section 15(30) <<NOTE: 46 USC 31325.>> is 
                amended by striking ``Shipping Act, 1936'' and inserting 
                ``Shipping Act, 1916''.
                    (C) The schedule of Statutes at Large repealed in 
                section 19, as it relates to the Act of June 29, 
                1936, <<NOTE: 46 USC note prec. 101.>> is amended by--
                          (i) striking the second section ``1111'' 
                      (relating to 46 U.S.C. App. 1279f) and inserting 
                      section ``1113''; and
                          (ii) striking the second section ``1112'' 
                      (relating to 46 U.S.C. App. 1279g) and inserting 
                      section ``1114''.
            (2) Effective <<NOTE: 46 USC 3205 note.>> date.--The 
        amendments made by paragraph (1) shall be effective as if 
        included in the enactment of Public Law 109-304.

    (c) Repeal of Duplicative or Unexecutable Amendments.--
            (1) Repeal.--Sections 9(a), 15(21) and (33)(A) through 
        (D)(i), and 16(c)(2) of Public Law 109-304 <<NOTE: 26 USC 9504; 
        46 USC 6101, 70117, 7011B, 70120, 70121.>> are repealed.
            (2) Intended effect.--The <<NOTE: 26 USC 9504 
        note.>> provisions repealed by paragraph (1) shall be treated as 
        if never enacted.

[[Page 122 STAT. 604]]

    (d) Large Passenger Vessel Crew Requirements.--Section 
8103(k)(3)(C)(iv) of title 46, United States Code, is amended by 
inserting ``and section 252 of the Immigration and Nationality Act (8 
U.S.C. 1282)'' after ``of such section''.

    Approved January 28, 2008.

LEGISLATIVE HISTORY--H.R. 4986:
---------------------------------------------------------------------------

                                                        Vol. 154 (2008):
                                    Jan. 16, considered and passed 
                                        House.
                                    Jan. 22, considered and passed 
                                        Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            Jan. 28, Presidential statement.

                                  <all>
```