In the Senate of the United States,

October 1, 2007.

Resolved, That the bill from the House of Representatives (H.R. 1585) entitled ‘‘An Act to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe military

personnel strengths for such fiscal year, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2008’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Author6 izations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy National

10 Security Authorizations and Other Authorizations.

11 (4) Division D—Veteran Small Businesses.

12 (5) Division E—Maritime Administration.

13 (b) TABLE OF CONTENTS.—The table of contents for

14 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Rapid Acquisition Fund.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package upgrades.

Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle upgrades.

Sec. 113. Stryker Mobile Gun System.

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

Subtitle C—Navy Programs

Sec. 131. Multiyear procurement authority for Virginia class submarine program.

Sec. 132. Littoral Combat Ship (LCS) program.

Sec. 133. Advanced procurement for Virginia class submarine program.

Subtitle D—Air Force Programs

Sec. 141. Limitation on retirement of C–130E/H tactical airlift aircraft.

Sec. 142. Limitation on retirement of KC–135E aerial refueling aircraft.

Sec. 143. Sense of Congress on the procurement program for the KC–X tanker

aircraft.

Sec. 144. Transfer to Government of Iraq of three C–130E tactical airlift aircraft.

Sec. 145. Modification of limitations on retirement of B–52 bomber aircraft.

Sec. 146. Sense of Congress on the Air Force strategy for the replacement of the

aerial refueling tanker aircraft fleet.

Sec. 147. Sense of Congress on rapid fielding of Associate Intermodal Platform

system and other innovative logistics systems.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for defense science and technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Advanced Sensor Applications Program.

Sec. 212. Active protection systems.

Sec. 213. Obligation and expenditure of funds for competitive procurement of propulsion system for the Joint Strike Fighter.

Sec. 214. Gulf War illnesses research.

Subtitle C—Missile Defense Programs

Sec. 231. Limitation on availability of funds for procurement, construction, and

deployment of missile defenses in Europe.

Sec. 232. Limitation on availability of funds for deployment of missile defense

interceptors in Alaska.

Sec. 233. Budget and acquisition requirements for Missile Defense Agency activities.

Sec. 234. Participation of Director, Operational Test and Evaluation, in missile

defense test and evaluation activities.

Sec. 235. Extension of Comptroller General assessments of ballistic missile defense

programs.

Subtitle D—Other Matters

Sec. 251. Modification of notice and wait requirement for obligation of funds for

foreign comparative test program.

Sec. 252. Modification of cost sharing requirement for Technology Transition Initiative.

Sec. 253. Strategic plan for the Manufacturing Technology Program.
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Sec. 254. Modification of authorities on coordination of Defense Experimental

Program to Stimulate Competitive Research with similar Federal programs.

Sec. 255. Enhancement of defense nanotechnology research and development program.

Sec. 256. Comptroller General assessment of the Defense Experimental Program

to Stimulate Competitive Research.

Sec. 257. Study and report on standard soldier patient tracking system.

Sec. 258. Cost-benefit analysis of proposed funding reduction for High Energy

Laser Systems Test Facility.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in

connection with Moses Lake Wellfield Superfund Site, Moses

Lake, Washington.

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in

connection with the Arctic Surplus Superfund Site, Fairbanks,

Alaska.

Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in

connection with Jackson Park Housing Complex, Washington.

Sec. 314. Report on control of the brown tree snake.

Subtitle C—Program Requirements, Restrictions, and Limitations

Sec. 321. Availability of funds in Defense Information Systems Agency Working

Capital Fund for technology upgrades to Defense Information

Systems Network.

Sec. 322. Extension of temporary authority for contract performance of security

guard functions.

Sec. 323. Report on incremental cost of early 2007 enhanced deployment.

Sec. 324. Individual body armor.

Subtitle D—Workplace and Depot Issues

Sec. 341. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.

Sec. 342. Two-year extension of Arsenal Support Demonstration Program.

Sec. 343. Reports on National Guard readiness for domestic emergencies.

Sec. 344. Sense of Senate on the Air Force Logistics Centers.

Subtitle E—Other Matters

Sec. 351. Enhancement of corrosion control and prevention functions within Department of Defense.

Sec. 352. Reimbursement for National Guard support provided to Federal agencies.

Sec. 353. Reauthorization of Aviation Insurance Program.

Sec. 354. Property accountability and disposition of unlawfully obtained property of the Armed Forces.
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Sec. 355. Authority to impose reasonable conditions on the payment of full replacement value for claims related to personal property transported at Government expense.

Sec. 356. Authority for individuals to retain combat uniforms issued in connection with contingency operations.

Sec. 357. Modification of requirements on Comptroller General report on the

readiness of Army and Marine Corps ground forces.

Sec. 358. Authority for Department of Defense to provide support for certain

sporting events.

Sec. 359. Department of Defense Inspector General report on physical security of

Department of Defense installations.

Sec. 360. Continuity of depot operations to reset combat equipment and vehicles

in support of wars in Iraq and Afghanistan.

Sec. 361. Report on search and rescue capabilities of Air Force in northwestern

United States.

Sec. 362. Report on High-Altitude Aviation Training Site, Colorado.

Sec. 363. Sense of Congress on future use of synthetic fuels in military systems.

Sec. 364. Reports on safety measures and encroachment issues at Warren Grove

Gunnery Range, New Jersey.

Sec. 365. Modification to public-private competition requirements before conversion to contractor performance.

Sec. 366. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A–76.

Sec. 367. Public-private competition required before conversion to contractor performance.

Sec. 368. Performance of certain work by Federal Government employees.

Sec. 369. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions.

Sec. 370. Public-private competition at end of period specified in performance

agreement not required.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty

for operational support.

Sec. 416. Revision of authorized variances in end strengths for Selected Reserve

personnel.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Increase in authorized strengths for Army officers on active duty in the

grade of major to meet force structure requirements.

Sec. 502. Increase in authorized strengths for Navy officers on active duty in

grades of lieutenant commander, commander, and captain to

meet force structure requirements.

Sec. 503. Expansion of exclusion of military permanent professors from strength

limitations for officers below general and flag grades.

Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty.

Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties.

Sec. 506. Increase in authorized number of permanent professors at the United

States Military Academy.

Sec. 507. Expansion of authority for reenlistment of officers in their former enlisted grade.

Sec. 508. Enhanced authority for reserve general and flag officers to serve on active duty.

Sec. 509. Promotion of career military professors of the Navy.

Subtitle B—Enlisted Personnel Policy

Sec. 521. Increase in authorized daily average of number of members in pay

grade E–9.

Subtitle C—Reserve Component Management

Sec. 531. Revised designation, structure, and functions of the Reserve Forces Policy Board.

Sec. 532. Charter for the National Guard Bureau.

Sec. 533. Appointment, grade, duties, and retirement of the Chief of the National

Guard Bureau.

Sec. 534. Mandatory separation for years of service of Reserve officers in the

grade of lieutenant general or vice admiral.

Sec. 535. Increase in period of temporary Federal recognition as officers of the

National Guard from six to twelve months.

Sec. 536. Satisfaction of professional licensure and certification requirements by

members of the National Guard and Reserve on active duty.

Subtitle D—Education and Training

Sec. 551. Grade and service credit of commissioned officers in uniformed medical

accession programs.

Sec. 552. Expansion of number of academies supportable in any State under

STARBASE program.

Sec. 553. Repeal of post-2007–2008 academic year prohibition on phased increase

in cadet strength limit at the United States Military Academy.

Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools,

Southold, New York, as single institution for purposes of maintaining a Junior Reserve Officers’ Training Corps unit.

Sec. 555. Authority of the Air University to confer additional academic degrees.

Sec. 556. Nurse matters.
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Sec. 557. Repeal of annual limit on number of ROTC scholarships under Army

Reserve and Army National Guard financial assistance program.

Subtitle E—Defense Dependents’ Education Matters

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department

of Defense civilian employees.

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure

changes, relocation of military units, or base closures and realignments.

Sec. 564. Authority for payment of private boarding school tuition for military

dependents in overseas areas not served by Department of Defense dependents’ schools.

Sec. 565. Heavily impacted local educational agencies.

Sec. 566. Emergency assistance for local educational agencies enrolling military

dependent children.

Subtitle F—Military Justice and Legal Assistance Matters

Sec. 571. Authority of judges of the United States Court of Appeals for the Armed

Forces to administer oaths.

Sec. 572. Military legal assistance for Department of Defense civilian employees

in areas without access to non-military legal assistance.

Sec. 573. Modification of authorities on senior members of the Judge Advocate

Generals’ corps.

Subtitle G—Military Family Readiness

Sec. 581. Department of Defense Military Family Readiness Council.

Sec. 582. Department of Defense policy and plans for military family readiness.

Sec. 583. Family support for families of members of the Armed Forces undergoing

deployment, including National Guard and Reserve personnel.

Sec. 584. Support services for children, infants, and toddlers of members of the

Armed Forces undergoing deployment, including National

Guard and Reserve personnel.

Sec. 585. Study on improving support services for children, infants, and toddlers

of members of the Active and Reserve Components undergoing

deployment.

Sec. 586. Study on establishment of pilot program on family-to-family support

for families of deployed members of the Active and Reserve Components.

Sec. 587. Pilot program on military family readiness and servicemember reintegration.

Subtitle H—Other Matters

Sec. 591. Enhancement of carryover of accumulated leave for members of the

Armed Forces.

Sec. 592. Uniform policy on performances by military bands.

Sec. 593. Waiver of time limitations on award of Medals of Honor to certain

members of the Army.

Sec. 594. Enhancement of rest and recuperation leave.
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Sec. 595. Demonstration projects on the provision of services to military dependent children with autism.

Sec. 596. Enhancement of Certificate of Release or Discharge from Active Duty.

Sec. 597. Administrative separations of members of the Armed Forces for personality disorder.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2008 increase in military basic pay.

Sec. 602. Allowance for participation of Reserves in electronic screening.

Sec. 603. Midmonth payment of basic pay for contributions of members participating in Thrift Savings Plan.

Sec. 604. Payment of inactive duty training travel costs for certain Selected Reserve members.

Sec. 605. Extension and enhancement of authority for temporary lodging expenses

for members of the Armed Forces in areas subject to major disaster declaration or for installations experiencing sudden increase in personnel levels.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for reserve

forces.

Sec. 612. Extension of certain bonus and special pay authorities for health care

professionals.

Sec. 613. Extension of special pay and bonus authorities for nuclear officers.

Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.

Sec. 615. Increase in incentive special pay and multiyear retention bonus for

medical officers of the Armed Forces.

Sec. 616. Increase in dental officer additional special pay.

Sec. 617. Enhancement of hardship duty pay.

Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed ship in sea

duty for career sea pay.

Sec. 619. Modification of reenlistment bonus for members of the Selected Reserve.

Sec. 620. Increase in years of commissioned service covered by agreements for nuclear-qualified officers extending periods of active duty.

Sec. 621. Authority to waive 25-year active duty limit for retention bonus for

critical military skills with respect to certain members.

Sec. 622. Codification and improvement of authority to pay bonus to encourage

members of the Army to refer other persons for enlistment in the

Army.

Sec. 623. Authority to pay bonus to encourage Department of Defense personnel

to refer other persons for appointment as officers to serve in

health professions.

Sec. 624. Accession bonus for participants in Armed Forces Health Professions

Scholarship and Financial Assistance program.

Subtitle C—Travel and Transportation Allowances

Sec. 641. Payment of expenses of travel to the United States for obstetrical purposes of dependents located in very remote locations outside the

United States.

Sec. 642. Payment of moving expenses for Junior Reserve Officers’ Training

Corps instructors in hard-to-fill positions.
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Subtitle D—Retired Pay and Survivor Benefits

Sec. 651. Modification of scheme for payment of death gratuity payable with respect to members of the Armed Forces.

Sec. 652. Annuities for guardians or caretakers of dependent children under Survivor Benefit Plan.

Sec. 653. Expansion of combat-related special compensation eligibility for chapter

61 military retirees.

Sec. 654. Clarification of application of retired pay multiplier percentage to

members of the uniformed services with over 30 years of service.

Sec. 655. Commencement of receipt of non-regular service retired pay by members

of the Ready Reserve on active Federal status or active duty for

significant periods.

Sec. 656. Additional individuals eligible for transportation for survivors of deceased members to attend the member’s burial ceremonies.

Sec. 657. Transportation of remains of deceased members of the Armed Forces

and certain other persons.

Sec. 658. Repeal of requirement of reduction of Survivor Benefit Plan survivor

annuities by dependency and indemnity compensation.

Sec. 659. Effective date of paid-up coverage under Survivor Benefit Plan.

Sec. 660. Inclusion of veterans with service-connected disabilities rated as total by

reason of unemployability under termination of phase-in of concurrent receipt of retired pay and veterans’ disability compensation.

Sec. 661. Computation of years of service for purposes of retired pay for non-regular service.

Subtitle E—Education Benefits

Sec. 671. Tuition assistance for off-duty training or education.

Sec. 672. Expansion of Selected Reserve education loan repayment program.

Sec. 673. Report on utilization of tuition assistance by members of the Armed

Forces.

Sec. 674. Enhancement of education benefits for certain members of reserve components.

Sec. 675. Extension of period of entitlement to educational assistance for certain

members of the Selected Reserve affected by force shaping initiatives.

Sec. 676. Modification of time limit for use of entitlement to educational assistance for reserve component members supporting contingency operations and other operations.

Subtitle F—Other Matters

Sec. 681. Enhancement of authorities on income replacement payments for Reserves experiencing extended and frequent mobilization for active-duty service.

Sec. 682. Overseas naturalization of military family members.

Sec. 683. National Guard yellow ribbon reintegration program.

Sec. 684. Flexibility in paying annuities to certain Federal retirees who return

to work.

Sec. 685. Plan for participation of members of the National Guard and the Reserves in the benefits delivery at discharge program.
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Sec. 686. Modification of amount of back pay for members of Navy and Marine

Corps selected for promotion while interned as prisoners of war

during World War II to take into account changes in Consumer

Price Index.

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.

Sec. 702. Surveys on continued viability of TRICARE Standard and TRICARE

Extra.

Sec. 703. Report on patient satisfaction surveys.

Sec. 704. Review of licensed mental health counselors, social workers, and marriage and family therapists under the TRICARE program.

Sec. 705. Sense of Senate on collaborations between the Department of Defense

and the Department of Veterans Affairs on health care for

wounded warriors.

Sec. 706. Authority for expansion of persons eligible for continued health benefits

coverage.

Sec. 707. Continuation of eligibility for TRICARE Standard coverage for certain

members of the Selected Reserve.

Sec. 708. Authority for special reimbursement rates for mental health care services under the TRICARE program.

Sec. 709. Implementation of recommendations of Department of Defense Mental

Health Task Force.

Sec. 710. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment,

and Rehabilitation of Military Eye Injuries.

Sec. 711. Report on establishment of a scholarship program for civilian mental

health professionals.

Sec. 712. Report on medical physical examinations of members of the Armed

Forces before their deployment.

Sec. 713. One-year extension of prohibition on increases in certain health care

costs for members of the uniformed services.

Sec. 714. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.

Sec. 715. Sense of Congress on fees and adjustments under the TRICARE program.

Sec. 716. Continuation of transitional health benefits for members of the Armed

Forces pending resolution of service-related medical conditions.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Substantial savings under multiyear contracts.

Sec. 802. Changes to Milestone B certifications.

Sec. 803. Comptroller General report on Department of Defense organization and

structure for major defense acquisition programs.

Sec. 804. Investment strategy for major defense acquisition programs.

Sec. 805. Report on implementation of recommendations on total ownership cost

for major weapon systems.
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Subtitle B—Amendments Relating to General Contracting Authorities,

Procedures, and Limitations

Sec. 821. Enhanced competition requirements for task and delivery order contracts.

Sec. 822. Clarification of rules regarding the procurement of commercial items.

Sec. 823. Clarification of rules regarding the procurement of commercial services.

Sec. 824. Modification of competition requirements for purchases from Federal

Prison Industries.

Sec. 825. Five-year extension of authority to carry out certain prototype projects.

Sec. 826. Multiyear procurement authority for electricity from renewable energy

sources.

Sec. 827. Procurement of fire resistant rayon fiber for the production of uniforms

from foreign sources.

Sec. 828. Prohibition on use of earmarks to award no bid contracts and noncompetitive grants.

Subtitle C—Acquisition Policy and Management

Sec. 841. Joint Requirements Oversight Council.

Sec. 842. Management structure for the procurement of contract services.

Sec. 843. Specification of amounts requested for procurement of contract services.

Sec. 844. Department of Defense Acquisition Workforce Development Fund.

Sec. 845. Inventories and reviews of contracts for services based on cost or time

of performance.

Sec. 846. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.

Sec. 847. Independent management reviews of contracts for services.

Sec. 848. Implementation and enforcement of requirements applicable to

undefinitized contractual actions.

Subtitle D—Department of Defense Contractor Matters

Sec. 861. Protection for contractor employees from reprisal for disclosure of certain information.

Sec. 862. Requirements for defense contractors relating to certain former Department of Defense officials.

Sec. 863. Report on contractor ethics programs of major defense contractors.

Sec. 864. Report on Department of Defense contracting with contractors or subcontractors employing members of the Selected Reserve.

Sec. 865. Contingency contracting training for personnel outside the acquisition

workforce.

Subtitle E—Other Matters

Sec. 871. Contractors performing private security functions in areas of combat

operations.

Sec. 872. Enhanced authority to acquire products and services produced in Iraq

and Afghanistan.

Sec. 873. Defense Science Board review of Department of Defense policies and

procedures for the acquisition of information technology.

Sec. 874. Enhancement and extension of acquisition authority for the unified

combatant command for joint warfighting experimentation.

Sec. 875. Repeal of requirement for identification of essential military items and

military system essential item breakout list.

Sec. 876. Green procurement policy.
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Sec. 877. GAO review of use of authority under the Defense Production Act of

1950.

Sec. 878. Transparency and accountability in military and security contracting.

Sec. 879. Moab site and Crescent Junction site, Utah.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Department of Defense Management

Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel.

Sec. 902. Chief management officers of the Department of Defense.

Sec. 903. Modification of background requirement of individuals appointed as

Under Secretary of Defense for Acquisition, Technology, and Logistics.

Sec. 904. Department of Defense Board of Actuaries.

Sec. 905. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.

Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff and Assistant Chiefs of Staff.

Sec. 907. Sense of Congress on term of office of the Director of Operational Test

and Evaluation.

Subtitle B—Space Matters

Sec. 921. Space posture review.

Sec. 922. Additional report on oversight of acquisition for defense space programs.

Subtitle C—Other Matters

Sec. 931. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.

Sec. 932. Board of Regents for the Uniformed Services University of the Health

Sciences.

Sec. 933. United States Military Cancer Institute.

Sec. 934. Western Hemisphere Center for Excellence in Human Rights.

Sec. 935. Inclusion of commanders of Western Hemisphere combatant commands

in Board of Visitors of Western Hemisphere Institute for Security Cooperation.

Sec. 936. Comptroller General assessment of proposed reorganization of the office

of the Under Secretary of Defense for Policy.

Sec. 937. Physicians and health care professionals comparability allowances.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Authorization of additional emergency supplemental appropriations

for fiscal year 2007.

Sec. 1003. Modification of fiscal year 2007 general transfer authority.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal

year 2008.

Sec. 1005. Financial management transformation initiative for the Defense Agencies.
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Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of

Defense.

Sec. 1007. Extension of period for transfer of funds to Foreign Currency Fluctuations, Defense account.

Sec. 1008. Report on funding of the Department of Defense for health care for

any fiscal year in which the Armed Forces are engaged in a

major military conflict.

Subtitle B—Counter-Drug Activities

Sec. 1011. Expansion of Department of Defense authority to provide support for

counter-drug activities to certain additional foreign governments.

Sec. 1012. Report on counternarcotics assistance for the Government of Haiti.

Subtitle C—Miscellaneous Authorities and Limitations

Sec. 1021. Enhancement of authority to pay rewards for assistance in combating

terrorism.

Sec. 1022. Repeal of modification of authorities relating to the use of the Armed

Forces in major public emergencies.

Sec. 1023. Hate crimes.

Sec. 1024. Comprehensive study and support for criminal investigations and

prosecutions by state and local law enforcement officials.

Sec. 1025. Gift acceptance authority.

Sec. 1026. Expansion of cooperative agreement authority for management of cultural resources.

Sec. 1027. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.

Sec. 1028. Provision of Air Force support and services to foreign military and

state aircraft.

Sec. 1029. Participation in Strategic Airlift Capability Partnership.

Sec. 1030. Responsibility of the Air Force for fixed-wing support of Army intratheater logistics.

Sec. 1031. Prohibition on sale of parts for F–14 fighter aircraft.

Sec. 1032. Provision of contact information on separating members of the Armed

Forces to State veterans agencies.

Sec. 1033. Provisions relating to the removal of missiles from the 564th Missile

Squadron.

Subtitle D—Reports

Sec. 1041. Renewal of submittal of plans for prompt global strike capability.

Sec. 1042. Report on threats to the United States from ungoverned areas.

Sec. 1043. Study on national security interagency system.

Sec. 1044. Annual report on cases reviewed by National Committee for Employer

Support of the Guard and Reserve.

Sec. 1045. Report on workforce required to support the nuclear missions of the

Navy and the Department of Energy.

Sec. 1046. Comptroller General report on Defense Finance and Accounting Service response to Butterbaugh v. Department of Justice.

Sec. 1047. Report on facilities and operations of Darnall Army Medical Center,

Fort Hood Military Reservation, Texas.

Sec. 1048. Report on plans to replace the monument at the Tomb of the Unknowns at Arlington National Cemetery, Virginia.

Sec. 1049. Report on size and mix of Air Force intertheater airlift force.
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Sec. 1050. Report and master infrastructure recapitalization plan regarding

Cheyenne Mountain Air Station, Colorado.

Subtitle E—Other Matters

Sec. 1061. Revised nuclear posture review.

Sec. 1062. Termination of Commission on the Implementation of the New Strategic Posture of the United States.

Sec. 1063. Communications with the Committees on Armed Services of the Senate

and the House of Representatives.

Sec. 1064. Security clearances; limitations.

Sec. 1065. Improvements in the process for the issuance of security clearances.

Sec. 1066. Advisory panel on Department of Defense capabilities for support of

civil authorities after certain incidents.

Sec. 1067. Sense of Congress on the Western Hemisphere Institute for Security

Cooperation.

Sec. 1068. Technical amendments to title 10, United States Code, arising from

enactment of the Intelligence Reform and Terrorism Prevention

Act of 2004.

Sec. 1069. Establishment of National Foreign Language Coordination Council.

Sec. 1070. Qualifications for public aircraft status of aircraft under contract with

the Armed Forces.

Sec. 1071. Traumatic Servicemembers’ Group Life Insurance.

Sec. 1072. Sense of Congress on family care plans and the deployment of members

of the Armed Forces who have minor dependents.

Sec. 1073. Conduct by members of the Armed Forces and veterans out of uniform

during hoisting, lowering, or passing of flag.

Sec. 1074. Extension of date of application of national security personnel system

to defense laboratories.

Sec. 1075. Protection of certain individuals.

Sec. 1076. Modification of authorities on Commission to Assess the Threat to the

United States from Electromagnetic Pulse Attack.

Sec. 1077. Sense of Senate on Project Compassion.

Sec. 1078. Grant of Federal charter to Korean War Veterans Association, Incorporated.

Sec. 1079. Sense of Senate on General David Petraeus.

Sec. 1080. Report on feasibility of housing a National Disaster Response Center

at Kelly Air Field, San Antonio, Texas.

Sec. 1081. Sense of Congress on equipment for the National Guard to defend the

homeland.

Sec. 1082. Notification of certain residents and civilian employees at Camp

Lejeune, North Carolina, of exposure to drinking water contamination.

Sec. 1083. Sense of Senate on Air Force use of towbarless aircraft ground equipment.

Sec. 1084. Designation of Charlie Norwood Department of Veterans Affairs Medical Center.

Sec. 1085. Commercialization Pilot Program.

Sec. 1086. Report on solid rocket motor industrial base.

Sec. 1087. Justice for Marines and Other Victims of State-Sponsored Terrorism

Act.

Sec. 1088. Small high-tech firms.

Sec. 1089. Increased authority for repair, restoration, and preservation of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
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Sec. 1090. Retention of reimbursement for provision of reciprocal fire protection

services.

Sec. 1091. National Center for Human Performance.

Sec. 1092. Definition of alternative fueled vehicle.

Sec. 1093. Programs for use of leave by caregivers for family members of individuals performing certain military service.

Sec. 1094. Pilot program on commercial fee-for-service air refueling support for

the Air Force.

Sec. 1095. Establishment of Joint Pathology Center.

Sec. 1096. Report on feasibility of establishing a Domestic Military Aviation National Training Center.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Sec. 1101. Compensation of Federal wage system employees for certain travel

hours.

Sec. 1102. Retirement service credit for service as cadet or midshipman at a military service academy.

Sec. 1103. Continuation of life insurance coverage for Federal employees called to

active duty.

Sec. 1104. Department of Defense National Security Personnel System.

Sec. 1105. Authority to waive limitation on premium pay for Federal civilian

employees working overseas under areas of United States Central

Command.

Sec. 1106. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and technical personnel.

Sec. 1107. Repeal of authority for payment of uniform allowance to civilian employees of the Department of Defense.

Sec. 1108. Authorization for increased compensation for faculty and staff of the

Uniformed Services University of the Health Sciences.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training

Sec. 1201. Authority to equip and train foreign personnel to assist in accounting

for missing United States personnel.

Sec. 1202. Extension and enhancement of authority for security and stabilization

assistance.

Sec. 1203. Commanders’ Emergency Response Program.

Sec. 1204. Government Accountability Office report on Global Peace Operations

Initiative.

Sec. 1205. Repeal of limitations on military assistance under the American

Servicemembers’ Protection Act of 2002.

Subtitle B—Other Authorities and Limitations

Sec. 1211. Cooperative opportunities documents under cooperative research and

development agreements with NATO organizations and other allied and friendly foreign countries.

Sec. 1212. Extension and expansion of temporary authority to use acquisition

and cross-servicing agreements to lend military equipment for

personnel protection and survivability.

Sec. 1213. Acceptance of funds from the Government of Palau for costs of military

Civic Action Teams.
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Sec. 1214. Extension of participation of the Department of Defense in multinational military centers of excellence.

Sec. 1215. Limitation on assistance to the Government of Thailand.

Sec. 1216. Presidential report on policy objectives and United States strategy regarding Iran.

Sec. 1217. Limitation on availability of certain funds pending implementation of

requirements regarding North Korea.

Sec. 1218. Policy of the United States on protection of the United States and its

allies against Iranian ballistic missiles.

Sec. 1219. Justice for Osama bin Laden and other leaders of al Qaeda.

Subtitle C—Reports

Sec. 1231. Reports on United States policy and military operations in Afghanistan.

Sec. 1232. Strategy for enhancing security in Afghanistan by eliminating safe

havens for violent extremists in Pakistan.

Sec. 1233. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque.

Sec. 1234. Report on planning and implementation of United States engagement

and policy toward Darfur.

Sec. 1235. Report on the airfield in Abeche, Chad, and other resources needed to

provide stability in the Darfur region.

Sec. 1236. Inclusion of information on asymmetric capabilities in annual report

on military power of the People’s Republic of China.

Sec. 1237. Application of the Uniform Code of Military Justice to military contractors during a time of war.

Sec. 1238. Report on family reunions between United States citizens and their

relatives in North Korea.

Sec. 1239. Reports on Prevention of Mass Atrocities.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF

THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside the former Soviet Union.

Sec. 1304. Modification of authority to use Cooperative Threat Reduction funds

outside the former Soviet Union.

Sec. 1305. Repeal of restrictions on assistance to states of the former Soviet

Union for cooperative threat reduction.

Sec. 1306. National Academy of Sciences study of prevention of proliferation of

biological weapons.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

Sec. 1404. Chemical Agents and Munitions Destruction, Defense.

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1405A. Additional amount for Drug Interdiction and Counter-Drug Activities with respect to Afghanistan.

Sec. 1406. Defense Inspector General.
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Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.

Subtitle B—National Defense Stockpile

Sec. 1411. Disposal of ferromanganese.

Sec. 1412. Disposal of chrome metal.

Sec. 1413. Modification of receipt objectives for previously authorized disposals

from the national defense stockpile.

Subtitle C—Civil Programs

Sec. 1421. Armed Forces Retirement Home.

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

Subtitle D—Chemical Demilitarization Matters

Sec. 1431. Modification of termination requirement for Chemical Demilitarization Citizens’ Advisory Commissions.

Sec. 1432. Repeal of certain qualifications requirement for director of chemical

demilitarization management organization.

Sec. 1433. Sense of Congress on completion of destruction of United States chemical weapons stockpile.

Sec. 1434. Modification of termination of assistance to State and local governments after completion of the destruction of the United States

chemical weapons stockpile.

TITLE XV—OPERATION IRAQI FREEDOM AND OPERATION

ENDURING FREEDOM

Subtitle A—Authorization of Additional War-Related Appropriations

Sec. 1501. Army procurement.

Sec. 1502. Navy and Marine Corps procurement.

Sec. 1503. Air Force procurement.

Sec. 1504. Defense-wide activities procurement.

Sec. 1505. Research, development, test, and evaluation.

Sec. 1506. Operation and maintenance.

Sec. 1507. Military personnel.

Sec. 1508. Defense Health Program.

Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1510. Joint Improvised Explosive Device Defeat Fund.

Sec. 1511. Iraq Security Forces Fund.

Sec. 1512. Afghanistan Security Forces Fund.

Sec. 1513. Iraq Freedom Fund.

Sec. 1514. Defense Working Capital Funds.

Sec. 1515. National Defense Sealift Fund.

Sec. 1516. Defense Inspector General.

Sec. 1517. Reports on mitigation of effects of explosively formed projectiles and

mines.

Subtitle B—General Provisions Relating to Authorizations

Sec. 1521. Purpose.

Sec. 1522. Treatment as additional authorizations.

Sec. 1523. Special transfer authority.
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Subtitle C—Other Matters

Sec. 1531. Limitation on availability of funds for certain purposes relating to

Iraq.

Sec. 1532. Reimbursement of certain coalition nations for support provided to

United States military operations.

Sec. 1533. Logistical support for coalition forces supporting operations in Iraq

and Afghanistan.

Sec. 1534. Competition for procurement of small arms supplied to Iraq and Afghanistan.

Sec. 1535. Report on support from Iran for attacks against Coalition Forces in

Iraq.

Sec. 1536. Sense of the Senate on the consequences of a failed state in Iraq.

Sec. 1537. Sense of Congress on federalism in Iraq.

Sec. 1538. Sense of Senate on Iran.

Sec. 1539. Study and investigation of wartime contracts and contracting processes in Operation Iraqi Freedom and Operation Enduring

Freedom.

Sec. 1540. Modification of authorities related to the Office of the Special Inspector

General for Iraq Reconstruction.

Sec. 1541. Tracking and monitoring of defense articles provided to the Government of Iraq and other individuals and groups in Iraq.

Sec. 1542. Special Inspector General for Afghanistan Reconstruction.

Sec. 1543. Improvised explosive device protection for military vehicles.

Sec. 1544. Sense of Congress on the capture of Osama bin Laden and the al

Qaeda leadership.

Subtitle D—Iraq Refugee Crisis

Sec. 1571. Short Title.

Sec. 1572. Processing Mechanisms.

Sec. 1573. United States Refugee Program Processing Priorities.

Sec. 1574. Special Immigrant Status for Certain Iraqis.

Sec. 1575. Minister Counselors for Iraqi Refugees and Internally Displaced Persons.

Sec. 1576. Countries with Significant Populations of Displaced Iraqis.

Sec. 1577. Denial or Termination of Asylum.

Sec. 1578. Reports.

Sec. 1579. Authorization of Appropriations.

TITLE XVI—WOUNDED WARRIOR MATTERS

Sec. 1601. Short title.

Sec. 1602. General definitions.

Subtitle A—Policy on Care, Management, and Transition of Servicemembers

With Serious Injuries or Illnesses

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

Sec. 1612. Consideration of needs of women members of the Armed Forces and

veterans.
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Subtitle B—Health Care

Part I—Enhanced Availability of Care for Servicemembers

Sec. 1621. Medical care and other benefits for members and former members of

the Armed Forces with severe injuries or illnesses.

Sec. 1622. Reimbursement of certain former members of the uniformed services

with service-connected disabilities for travel for follow-on specialty care and related services.

Part II—Care and Services for Dependents

Sec. 1626. Medical care and services and support services for families of members

of the Armed Forces recovering from serious injuries or illnesses.

Sec. 1627. Extended benefits under TRICARE for primary caregivers of members

of the uniformed services who incur a serious injury or illness

on active duty.

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

Sec. 1631. Comprehensive plans on prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.

Sec. 1632. Improvement of medical tracking system for members of the Armed

Forces deployed overseas.

Sec. 1633. Centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and posttraumatic stress disorder.

Sec. 1634. Review of mental health services and treatment for female members of

the Armed Forces and veterans.

Sec. 1635. Funding for improved diagnosis, treatment, and rehabilitation of

members of the Armed Forces with traumatic brain injury or

post-traumatic stress disorder.

Sec. 1636. Reports.

Part IV—Other Matters

Sec. 1641. Joint electronic health record for the Department of Defense and Department of Veterans Affairs.

Sec. 1642. Enhanced personnel authorities for the Department of Defense for

health care professionals for care and treatment of wounded and

injured members of the Armed Forces.

Sec. 1643. Personnel shortages in the mental health workforce of the Department

of Defense, including personnel in the mental health workforce.

Subtitle C—Disability Matters

Part I—Disability Evaluations

Sec. 1651. Utilization of veterans’ presumption of sound condition in establishing

eligibility of members of the Armed Forces for retirement for disability.

Sec. 1652. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed Forces.

Sec. 1653. Review of separation of members of the Armed Forces separated from

service with a disability rating of 20 percent disabled or less.

Sec. 1654. Pilot programs on revised and improved disability evaluation system

for members of the Armed Forces.
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Sec. 1655. Reports on Army action plan in response to deficiencies in the Army

Physical Disability Evaluation System.

Part II—Other Disability Matters

Sec. 1661. Enhancement of disability severance pay for members of the Armed

Forces.

Sec. 1662. Electronic transfer from the Department of Defense to the Department

of Veterans Affairs of documents supporting eligibility for benefits.

Sec. 1663. Assessments of temporary disability retired list.

Subtitle D—Improvement of Facilities Housing Patients

Sec. 1671. Standards for military medical treatment facilities, specialty medical

care facilities, and military quarters housing patients.

Sec. 1672. Reports on Army action plan in response to deficiencies identified at

Walter Reed Army Medical Center.

Sec. 1673. Construction of facilities required for the closure of Walter Reed Army

Medical Center, District of Columbia.

Subtitle E—Outreach and Related Information on Benefits

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

Subtitle F—Other Matters

Sec. 1691. Study on physical and mental health and other readjustment needs of

members and former members of the Armed Forces who deployed

in Operation Iraqi Freedom and Operation Enduring Freedom

and their families.

TITLE XVII—VETERANS MATTERS

Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain

injury.

Sec. 1702. Individual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury.

Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation of rehabilitation and community reintegration plans for

traumatic brain injury.

Sec. 1704. Research, education, and clinical care program on severe traumatic

brain injury.

Sec. 1705. Pilot program on assisted living services for veterans with traumatic

brain injury.

Sec. 1706. Research on traumatic brain injury.

Sec. 1707. Age-appropriate nursing home care.

Sec. 1708. Extension of period of eligibility for health care for combat service in

the Persian Gulf war or future hostilities.

Sec. 1709. Mental health: service-connection status and evaluations for certain

veterans.

Sec. 1710. Modification of requirements for furnishing outpatient dental services

to veterans with a service-connected dental condition or disability.
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Sec. 1711. Demonstration program on preventing veterans at-risk of homelessness

from becoming homeless.

Sec. 1712. Clarification of purpose of the outreach services program of the Department of Veterans Affairs.

TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED

MATTERS

Sec. 1801. Short title.

Sec. 1802. Expanded authority of Chief of the National Guard Bureau and expanded functions of the National Guard Bureau.

Sec. 1803. Promotion of eligible reserve officers to lieutenant general and vice admiral grades on the active-duty list.

Sec. 1804. Promotion of reserve officers to lieutenant general grade.

Sec. 1805. Requirement that position of Deputy Commander of the United States

northern command be filled by a qualified National Guard officer.

Sec. 1806. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events.

Sec. 1807. Additional reporting requirements relating to National Guard equipment.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects

for which funds were not appropriated.

Sec. 2106. Modification of authority to carry out certain fiscal year 2006 project.

Sec. 2107. Extension of authorizations of certain fiscal year 2005 project.

Sec. 2108. Technical amendments to the Military Construction Authorization Act

for 2007.

Sec. 2109. Ground lease, SOUTHCOM Headquarters Facility, Miami-Doral,

Florida.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects

for which funds were not appropriated.

Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.
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Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force

projects for which funds were not appropriated.

Sec. 2306. Modification of authority to carry out certain fiscal year 2006 project.

Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects.

Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Termination or modification of authority to carry out certain fiscal

year 2007 Defense Agencies projects.

Sec. 2405. Extension of authorizations of certain fiscal year 2005 projects.

Sec. 2406. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, and Pueblo Chemical Activity, Colorado.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY

INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition

projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and

land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition

projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition

projects.

Sec. 2606. Authorization of appropriations, Guard and Reserve.

Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated.

Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve construction and acquisition projects.

Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects.

Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects.

Sec. 2611. Relocation of units from Roberts United States Army Reserve Center

and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana.

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2704. Authorized cost and scope of work variations.
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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Effective Date and Expiration of Authorizations

Sec. 2801. Effective Date.

Sec. 2802. Expiration of authorizations and amounts required to be specified by

law.

Subtitle B—Military Construction Program and Military Family Housing

Changes

Sec. 2811. General military construction transfer authority.

Sec. 2812. Modifications of authority to lease military family housing.

Sec. 2813. Increase in thresholds for unspecified minor military construction

projects.

Sec. 2814. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects outside

the United States.

Sec. 2815. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.

Sec. 2816. Two-year extension of temporary program to use minor military construction authority for construction of child development centers.

Sec. 2817. Extension of authority to accept equalization payments for facility exchanges.

Sec. 2818. Clarification of requirement for authorization of military construction.

Subtitle C—Real Property and Facilities Administration

Sec. 2831. Requirement to report transactions resulting in annual costs of more

than $750,000.

Sec. 2832. Modification of authority to lease non-excess property.

Sec. 2833. Enhanced flexibility to create or expand buffer zones.

Sec. 2834. Reports on Army and Marine Corps operational ranges.

Sec. 2835. Consolidation of real property provisions without substantive change.

Subtitle D—Base Closure and Realignment

Sec. 2841. Niagara Air Reserve Base, New York, basing report.

Sec. 2842. Comprehensive accounting of funding required to ensure timely implementation of 2005 Defense Base Closure and Realignment Commission recommendations.

Sec. 2843. Authority to relocate the Joint Spectrum Center to Fort Meade, Maryland.

Subtitle E—Land Conveyances

Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.

Sec. 2852. Modification to land conveyance authority, Fort Bragg, North Carolina.

Sec. 2853. Transfer of administrative jurisdiction, GSA property, Springfield,

Virginia.

Sec. 2854. Land conveyance, Lewis and Clark United States Army Reserve Center, Bismarck, North Dakota.

Sec. 2855. Land exchange, Detroit, Michigan.

Sec. 2856. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan.
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Sec. 2857. Modification of lease of property, National Flight Academy at the National Museum of Naval Aviation, Naval Air Station, Pensacola,

Florida.

Subtitle F—Other Matters

Sec. 2861. Report on condition of schools under jurisdiction of Department of Defense Education Activity.

Sec. 2862. Modification of land management restrictions applicable to Utah national defense lands.

Sec. 2863. Additional project in Rhode Island.

Sec. 2864. Sense of Congress on Department of Defense actions to address encroachment of military installations.

Sec. 2865. Report on water conservation projects.

Sec. 2866. Report on housing privatization initiatives.

Sec. 2867. Report on the Pinon Canyon Maneuver Site, Colorado.

Sec. 2868. Repeal of moratorium on improvements at Fort Buchanan, Puerto

Rico.

TITLE XXIX—WAR-RELATED MILITARY CONSTRUCTION

AUTHORIZATIONS

Sec. 2901. Authorized war-related Army construction and land acquisition

projects.

Sec. 2902. Authorization of war-related military construction appropriations,

Army.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY

PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Reliable Replacement Warhead program.

Sec. 3112. Limitation on availability of funds for Fissile Materials Disposition

program.

Sec. 3113. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant.

Subtitle C—Other Matters

Sec. 3121. Nuclear test readiness.

Sec. 3122. Sense of Congress on the nuclear non-proliferation policy of the United

States and the Reliable Replacement Warhead program.

Sec. 3123. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed

by the legacy of the Cold War.

Sec. 3124. Comptroller General report on Department of Energy protective force

management.
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Sec. 3125. Technical amendments.

Subtitle D—Nuclear Terrorism Prevention

Sec. 3131. Definitions.

Sec. 3132. Findings.

Sec. 3133. Sense of Congress on the prevention of nuclear terrorism.

Sec. 3134. Minimum security standard for nuclear weapons and formula quantities of strategic special nuclear material.

Sec. 3135. Annual report.

Sec. 3136. Modification of reporting requirement.

Sec. 3137. Modification of sunset date of the Office of the Ombudsman of the Energy Employees Occupational Illness Compensation Program.

Sec. 3138. Evaluation of National Nuclear Security Administration strategic

plan for advanced computing.

Sec. 3139. Agreements and reports on nuclear forensics capabilities.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

DIVISION D—VETERAN SMALL BUSINESSES

Sec. 4001. Short title.

Sec. 4002. Definitions.

TITLE XLI—VETERANS BUSINESS DEVELOPMENT

Sec. 4101. Increased funding for the Office of Veterans Business Development.

Sec. 4102. Interagency task force.

Sec. 4103. Permanent extension of SBA Advisory Committee on veterans business

affairs.

TITLE XLII—NATIONAL RESERVIST ENTERPRISE TRANSITION AND

SUSTAINABILITY

Sec. 4201. Short title.

Sec. 4202. Purpose.

Sec. 4203. National guard and reserve business assistance.

TITLE XLIII—RESERVIST PROGRAMS

Sec. 4301. Reservist programs.

Sec. 4302. Reservist loans.

Sec. 4303. Noncollateralized loans.

Sec. 4304. Loan priority.

Sec. 4305. Relief from time limitations for veteran-owned small businesses.

Sec. 4306. Service-disabled veterans.

Sec. 4307. Study on options for promoting positive working relations between employers and their Reserve component employees.

DIVISION E—MARITIME ADMINISTRATION

Sec. 5001. Short title.

TITLE LI—GENERAL

Sec. 5101. Commercial vessel chartering authority.

Sec. 5102. Maritime Administration vessel chartering authority.
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Sec. 5103. Chartering to state and local governmental instrumentalities.

Sec. 5104. Disposal of obsolete government vessels.

Sec. 5105. Vessel transfer authority.

Sec. 5106. Sea trials for ready reserve force.

Sec. 5107. Review of applications for loans and guarantees.

TITLE LII—TECHNICAL CORRECTIONS

Sec. 5201. Statutory construction.

Sec. 5202. Personal injury to or death of seamen.

Sec. 5203. Amendments to chapter 537 based on Public Law 109–163.

Sec. 5204. Additional amendments based on Public Law 109–163.

Sec. 5205. Amendments based on Public Law 109–171.

Sec. 5206. Amendments based on Public Law 109–241.

Sec. 5207. Amendments based on Public Law 109–364.

Sec. 5208. Miscellaneous amendments.

Sec. 5209. Application of sunset provision to codified provision.

Sec. 5210. Additional Technical corrections.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code.

5 DIVISION A—DEPARTMENT OF

6 DEFENSE AUTHORIZATIONS

7 TITLE I—PROCUREMENT

8 Subtitle A—Authorization of

9 Appropriations

10 SEC. 101. ARMY.

11 Funds are hereby authorized to be appropriated for fis12 cal year 2008 for procurement for the Army as follows:

13 (1) For aircraft, $5,229,175,000.

14 (2) For missiles, $2,178,102,000.

15 (3) For weapons and tracked combat vehicles,

16 $7,546,684,000.

17 (4) For ammunition, $2,228,976,000.
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1 (5) For other procurement, $15,013,155,000.

2 SEC. 102. NAVY AND MARINE CORPS.

3 (a) NAVY.—Funds are hereby authorized to be appro4 priated for fiscal year 2008 for procurement for the Navy

5 as follows:

6 (1) For aircraft, $13,475,107,000.

7 (2) For weapons, including missiles and tor8 pedoes, $3,078,387,000.

9 (3) For shipbuilding and conversion,

10 $13,605,638,000.

11 (4) For other procurement, $5,432,412,000.

12 (b) MARINE CORPS.—Funds are hereby authorized to

13 be appropriated for fiscal year 2008 for procurement for

14 the Marine Corps in the amount of $2,699,057,000.

15 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

16 are hereby authorized to be appropriated for fiscal year

17 2008 for procurement of ammunition for the Navy and the

18 Marine Corps in the amount of $926,597,000.

19 SEC. 103. AIR FORCE.

20 Funds are hereby authorized to be appropriated for fis21 cal year 2008 for procurement for the Air Force as follows:

22 (1) For aircraft, $12,593,813,000.

23 (2) For ammunition, $868,917,000.

24 (3) For missiles, $5,166,002,000.

25 (4) For other procurement, $16,312,962,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2008 for Defense-wide procurement in the amount

4 of $3,385,970,000.

5 SEC. 105. RAPID ACQUISITION FUND.

6 Funds are hereby authorized to be appropriated for fis7 cal year 2008 for the Rapid Acquisition Fund in the

8 amount of $100,000,000.

9 Subtitle B—Army Programs

10 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

11 M1A2 ABRAMS SYSTEM ENHANCEMENT PACK12 AGE UPGRADES.

13 The Secretary of the Army, in accordance with section

14 2306b of title 10, United States Code, may enter into a

15 multiyear contract, beginning with the fiscal year 2008 pro16 gram year, for procurement of M1A2 Abrams System En17 hancement Package upgrades.

18 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR

19 M2A3/M3A3 BRADLEY FIGHTING VEHICLE UP20 GRADES.

21 The Secretary of the Army, in accordance with section

22 2306b of title 10, United States Code, may enter into a

23 multiyear contract, beginning with the fiscal year 2008 pro24 gram year, for procurement of M2A3/M3A3 Bradley fight25 ing vehicle upgrades.
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1 SEC. 113. STRYKER MOBILE GUN SYSTEM.

2 (a) LIMITATION ON AVAILABILITY OF FUNDS.—None

3 of the amounts authorized to be appropriated by sections

4 101(3) and 1501(3) for procurement of weapons and

5 tracked combat vehicles for the Army may be obligated or

6 expended for purposes of the procurement of the Stryker Mo7 bile Gun System until 30 days after the date on which the

8 Secretary of the Army certifies to Congress that the Stryker

9 Mobile Gun System is operationally effective, suitable, and

10 survivable for its anticipated deployment missions.

11 (b) WAIVER.—The Secretary of Defense may waive the

12 limitation in subsection (a) if the Secretary—

13 (1) determines that further procurement of the

14 Stryker Mobile Gun System utilizing amounts re15 ferred to in subsection (a) is in the national security

16 interest of the United States notwithstanding the in17 ability of the Secretary of the Army to make the cer18 tification required by that subsection; and

19 (2) submits to the Congress, in writing , a notifi20 cation of the waiver together with a discussion of—

21 (A) the reasons for the determination de22 scribed in paragraph (1); and

23 (B) the actions that will be taken to miti24 gate any deficiencies that cause the Stryker Mo25 bile Gun System not to be operationally effective,
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1 suitable, or survivable, as that case may be, as

2 described in subsection (a).

3 SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PRO4 GRAM AND WARFIGHTER INFORMATION NET5 WORK-TACTICAL PROGRAM INTO SINGLE

6 ARMY TACTICAL NETWORK PROGRAM.

7 (a) CONSOLIDATION REQUIRED.—The Secretary of the

8 Army shall consolidate the Joint Network Node program

9 and the Warfighter Information Network-Tactical program

10 into a single Army tactical network program.

11 (b) REPORT ON CONSOLIDATION.—

12 (1) REPORT REQUIRED.—Not later than Decem13 ber 31, 2007, the Secretary shall, with the concurrence

14 of the Under Secretary of Defense for Acquisition,

15 Technology, and Logistics and the Assistant Secretary

16 of Defense for Networks and Information Integration,

17 submit to the congressional defense committees a re18 port setting forth a plan to consolidate the Joint Net19 work Node program and the Warfighter Information

20 Network-Tactical program into a single Army tactical

21 network program as required by subsection (a).

22 (2) ELEMENTS.—The report required by para23 graph (1) shall include with respect to the acquisition

24 of the single Army tactical network required by sub25 section (a) the following:
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1 (A) An analysis of how the systems specified

2 in paragraph (1) will be integrated, including—

3 (i) an analysis of whether there are op4 portunities to leverage technologies and

5 equipment from the Warfighter Information

6 Network-Tactical program as part of the

7 continuing development and fielding of the

8 Joint Network Node; and

9 (ii) an analysis of major technical

10 challenges of integrating the two programs.

11 (B) A description of the extent to which

12 components of the systems could be used together

13 as elements of a single Army tactical network.

14 (C) A description of the strategy of the

15 Army for completing the systems engineering

16 necessary to ensure the end-to-end interoper17 ability of a single Army tactical network as de18 scribed in subsection (a).

19 (D) An assessment of the costs of acquiring

20 the systems.

21 (E) An assessment of the technical compat22 ibility of the systems.

23 (F) A description and assessment of the

24 plans of the Army relating to ownership of the

25 technical data packages for the systems, and an
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1 assessment of the capacity of the industrial base

2 to support Army needs.

3 (G) A description of the plans and schedule

4 of the Army for fielding the systems, and a de5 scription of the associated training schedule.

6 (H) A description of the plans of the Army

7 for sustaining the single Army tactical network.

8 (I) A description of the plans of the Army

9 for the insertion of new technology into the Joint

10 Network Node.

11 (J) A description of the major technical

12 challenges of integrating the two programs.

13 (K) An assessment as to whether other pro14 grams should be inserted into the single Army

15 tactical network as required by subsection (a).

16 (L) An analysis of the interoperability re17 quirements between the Army tactical network

18 and the Joint Network Node, an assessment of

19 the technological barriers to achievement of such

20 interoperability requirements, and a description

21 of formal mechanisms of coordination between

22 the Army tactical network and the Joint Net23 work Node program.

24 SEC. 115. GENERAL FUND ENTERPRISE BUSINESS SYSTEM.

25 (a) ADDITIONAL AMOUNT.—
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1 (1) IN GENERAL.—The amount authorized to be

2 appropriated by section 201(1) for research, develop3 ment, test and evaluation for the Army is hereby in4 creased by $59,041,000.

5 (2) AVAILABILITY.—Of the amount authorized to

6 be appropriated by section 201(1) for research, devel7 opment, test and evaluation for the Army, as in8 creased by paragraph (1), $59,041,000 may be avail9 able for the General Fund Enterprise Business Sys10 tem of the Army.

11 (3) SUPPLEMENT NOT SUPPLANT.—The amount

12 available under paragraph (2) for the purpose speci13 fied in that paragraph is in addition to any other

14 amounts available in this Act for that purpose.

15 (b) OFFSET.—

16 (1) RDTE, ARMY.—The amount authorized to be

17 appropriated by section 101(5) for other procurement

18 for the Army is hereby reduced by $29,219,000, with

19 the amount of the reduction to be allocated to

20 amounts available for the General Fund Enterprise

21 Business System.

22 (2) O&M, ARMY.—The amount authorized to be

23 appropriated by section 301(1) for operation and

24 maintenance for the Army is hereby reduced by

25 $29,822,000, with the amount of the reduction to be
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1 allocated to amounts available for the General Fund

2 Enterprise Business System.

3 Subtitle C—Navy Programs

4 SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR5 GINIA CLASS SUBMARINE PROGRAM.

6 (a) AUTHORITY.—The Secretary of the Navy may, in

7 accordance with section 2306b of title 10, United States

8 Code, enter into multiyear contracts, beginning with the fis9 cal year 2009 program year, for the procurement of Vir10 ginia-class submarines and government-furnished equip11 ment.

12 (b) LIMITATION.—The Secretary of the Navy may not

13 enter into a contract authorized by subsection (a) until 30

14 days after the date on which the Secretary submits to the

15 congressional defense committees a certification that the

16 Secretary has made each of the findings with respect to such

17 contract specified in subsection (a) of section 2306b of title

18 10, United States Code.

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

20 (a) FINDINGS.—Congress makes the following findings:

21 (1) The plan of the Chief of Naval Operations to

22 recapitalize the United States Navy to at least 313

23 battle force ships is essential for meeting the long24 term requirements of the National Military Strategy.
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1 (2) Fiscal challenges to the plan to build a 313-

2 ship fleet require that the Navy exercise discipline in

3 determining warfighter requirements and responsi4 bility in estimating, budgeting, and controlling costs.

5 (3) The 55-ship Littoral Combat Ship (LCS)

6 program is central to the shipbuilding plan of the

7 Navy. The inability of the Navy to control require8 ments and costs on the two lead ships of the Littoral

9 Combat Ship program raises serious concerns regard10 ing the capacity of the Navy to affordably build a

11 313-ship fleet.

12 (4) According to information provided to Con13 gress by the Navy, the cost growth in the Littoral

14 Combat Ship program was attributable to several fac15 tors, most notably that—

16 (A) the strategy adopted for the Littoral

17 Combat Ship program, a so-called ‘‘concurrent

18 design-build’’ strategy, was a high-risk strategy

19 that did not account for that risk in the cost and

20 schedule for the lead ships in the program;

21 (B) inadequate emphasis was placed on

22 ‘‘bid realism’’ in the evaluation of contract pro23 posals under the program;
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1 (C) late incorporation of Naval Vessel Rules

2 into the program caused significant design

3 delays and cost growth;

4 (D) the Earned Value Management System

5 of the contractor under the program did not ade6 quately measure shipyard performance, and the

7 Navy program organizations did not independ8 ently assess cost performance;

9 (E) the Littoral Combat Ship program or10 ganization was understaffed and lacking in the

11 experience and qualifications required for a

12 major defense acquisition program;

13 (F) the Littoral Combat Ship program or14 ganization was aware of the increasing costs of

15 the Littoral Combat Ship program, but did not

16 communicate those cost increases directly to the

17 Assistant Secretary of the Navy in a time man18 ner; and

19 (G) the relationship between the Naval Sea

20 Systems Command and the program executive

21 offices for the program was dysfunctional.

22 (b) REQUIREMENT.—In order to halt further cost

23 growth in the Littoral Combat Ship program, costs and

24 government liability under future contracts under the Lit25 toral Combat Ship program shall be limited as follows:
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1 (1) LIMITATION OF COSTS.—The total amount

2 obligated or expended for the procurement costs of the

3 fifth and sixth vessels in the Littoral Combat Ship

4 (LCS) class of vessels shall not exceed $460,000,000

5 per vessel.

6 (2) PROCUREMENT COSTS.—For purposes of

7 paragraph (1), procurement costs shall include all

8 costs for plans, basic construction, change orders, elec9 tronics, ordnance, contractor support, and other costs

10 associated with completion of production drawings,

11 ship construction, test, and delivery, including work

12 performed post-delivery that is required to meet origi13 nal contract requirements.

14 (3) CONTRACT TYPE.—The Navy shall employ a

15 fixed-price type contract for construction of the fifth

16 and following ships of the Littoral Combat Ship class

17 of vessels.

18 (4) LIMITATION OF GOVERNMENT LIABILITY.—

19 The Navy shall not enter into a contract, or modify

20 a contract, for construction of the fifth or sixth vessel

21 of the Littoral Combat Ship class of vessels if the lim22 itation of the Government’s cost liability, when added

23 to the sum of other budgeted procurement costs, would

24 exceed $460,000,000 per vessel.
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1 (5) ADJUSTMENT OF LIMITATION AMOUNT.—The

2 Secretary of the Navy may adjust the amount set

3 forth in paragraphs (1) and (4) for either vessel re4 ferred to in such paragraph by the following:

5 (A) The amounts of increases or decreases

6 in costs attributable to compliance with changes

7 in Federal, State, or local laws enacted after

8 September 30, 2007.

9 (B) The amounts of outfitting costs and

10 costs required to complete post-delivery test and

11 trials.

12 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

13 124 of the National Defense Authorization Act for Fiscal

14 Year 2006 (Public Law 109–163; 119 Stat. 3157) is re15 pealed.

16 SEC. 133. ADVANCED PROCUREMENT FOR VIRGINIA CLASS

17 SUBMARINE PROGRAM.

18 Of the amount authorized to be appropriated by sec19 tion 102(a)(3) for shipbuilding and conversion for the

20 Navy, $1,172,710,000 may be available for advanced pro21 curement for the Virginia class submarine program, of

22 which—

23 (1) $400,000,000 may be available for the pro24 curement of a second ship set of reactor components;

25 and
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1 (2) $70,000,000 may be available for advanced

2 procurement of non-nuclear long lead time material

3 in order to support a reduced construction span for

4 the boats in the next multiyear procurement program.

5 Subtitle D—Air Force Programs

6 SEC. 141. LIMITATION ON RETIREMENT OF C–130E/H TAC7 TICAL AIRLIFT AIRCRAFT.

8 (a) LIMITATION.—The Secretary of the Air Force may

9 not retire C–130E/H tactical airlift aircraft during fiscal

10 year 2008.

11 (b) MAINTENANCE OF CERTAIN RETIRED AIRCRAFT.—

12 The Secretary of the Air Force shall maintain each C–

13 130E/H tactical airlift aircraft retired during fiscal year

14 2007 in a condition that will permit recall of such aircraft

15 to future service.

16 SEC. 142. LIMITATION ON RETIREMENT OF KC–135E AERIAL

17 REFUELING AIRCRAFT.

18 The Secretary of the Air Force shall not retire any

19 KC–135E aerial refueling aircraft of the Air Force in fiscal

20 year 2008 unless the Secretary provides written notification

21 of such retirement to the congressional defense committees

22 in accordance with established procedures.

23 SEC. 143. SENSE OF CONGRESS ON THE PROCUREMENT

24 PROGRAM FOR THE KC–X TANKER AIRCRAFT.

25 (a) FINDINGS.—Congress makes the following findings:
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1 (1) Aerial refueling is a critically important

2 force multiplier for the Air Force.

3 (2) The KC–X tanker aircraft procurement pro4 gram is the number one acquisition and recapitaliza5 tion priority of the Air Force.

6 (3) Given the competing budgetary requirements

7 of the other Armed Forces and other sectors of the

8 Federal Government, the Air Force needs to mod9 ernize at the most cost effective price.

10 (4) Competition in defense procurement provides

11 the Armed Forces with the best products at the best

12 price.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that the Air Force should—

15 (1) hold a full and open competition to choose

16 the best possible joint aerial refueling capability at

17 the most reasonable price; and

18 (2) be discouraged from taking any actions that

19 would limit the ability of either of the teams seeking

20 the contract for the procurement of KC–X tanker air21 craft from competing for that contract.

22 SEC. 144. TRANSFER TO GOVERNMENT OF IRAQ OF THREE

23 C–130E TACTICAL AIRLIFT AIRCRAFT.

24 The Secretary of the Air Force may transfer not more

25 than three C–130E tactical airlift aircraft, allowed to be
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1 retired under the John Warner National Defense Authoriza2 tion Act for Fiscal Year 2007 (Public Law 109–364), to

3 the Government of Iraq.

4 SEC. 145. MODIFICATION OF LIMITATIONS ON RETIREMENT

5 OF B–52 BOMBER AIRCRAFT.

6 (a) MAINTENANCE OF PRIMARY AND BACKUP INVEN7 TORY OF AIRCRAFT.—Subsection (a)(1) of section 131 of the

8 John Warner National Defense Authorization Act for Fiscal

9 Year 2007 (Public Law 109–364; 120 Stat. 2111) is

10 amended—

11 (1) in subparagraph (A), by striking ‘‘and’’ at

12 the end;

13 (2) in subparagraph (B), by striking the period

14 at the end and inserting ‘‘; and’’; and

15 (3) by adding at the end the following new sub16 paragraph (C):

17 ‘‘(C) shall maintain in a common configu18 ration a primary aircraft inventory of not less

19 than 63 such aircraft and a backup aircraft in20 ventory of not less than 11 such aircraft.’’.

21 (b) NOTICE OF RETIREMENT.—Subsection (b)(1) of

22 such section is amended by striking ‘‘45 days’’ and insert23 ing ‘‘60 days’’.
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1 SEC. 146. SENSE OF CONGRESS ON THE AIR FORCE STRAT2 EGY FOR THE REPLACEMENT OF THE AERIAL

3 REFUELING TANKER AIRCRAFT FLEET.

4 (a) FINDINGS.—Congress makes the following findings:

5 (1) A properly executed comprehensive strategy

6 to replace Air Force tankers will allow the United

7 States military to continue to project combat capa8 bility anywhere in the world on short notice without

9 relying on intermediate bases for refueling.

10 (2) With an average age of 45 years, it is esti11 mated that it will take over 30 years to replace the

12 KC–135 aircraft fleet with the funding currently in

13 place.

14 (3) In addition to the KC–X program of record,

15 which supports the tanker replacement strategy, the

16 Air Force should immediately pursue that part of the

17 tanker replacement strategy that would support, aug18 ment, or enhance the Air Force air refueling mission,

19 such as Fee-for-Service support or modifications and

20 upgrades to maintain the viability of the KC–135

21 aircraft force structure as the Air Force recapitalizes

22 the tanker fleet.

23 (b) SENSE OF CONGRESS.—It is the sense of Congress

24 that—
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1 (1) the timely modernization of the Air Force

2 aerial refueling tanker fleet is a vital national secu3 rity priority; and

4 (2) in furtherance of meeting this priority, the

5 Secretary of the Air Force has initiated, and Congress

6 approves of, a comprehensive strategy for replacing

7 the aerial refueling tanker aircraft fleet, which in8 cludes the following elements:

9 (A) Replacement of the aging tanker air10 craft fleet with newer and improved capabilities

11 under the KC–X program of record which sup12 ports the tanker replacement strategy, through

13 the purchase of new commercial derivative air14 craft.

15 (B) Sustainment and extension of the legacy

16 tanker aircraft fleet until replacement through

17 depot-type modifications and upgrades of KC–

18 135 aircraft and KC–10 aircraft.

19 (C) Augmentation of the aerial refueling ca20 pability through aerial refueling Fee-for-Service.

21 SEC. 147. SENSE OF CONGRESS ON RAPID FIELDING OF AS22 SOCIATE INTERMODAL PLATFORM SYSTEM

23 AND OTHER INNOVATIVE LOGISTICS SYS24 TEMS.

25 (a) FINDINGS.—Congress makes the following findings:
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1 (1) Use of the Associate Intermodal Platform

2 (AIP) pallet system, developed two years ago by the

3 United States Transportation Command, could save

4 the United States as much as $1,300,000 for every

5 1,000 pallets deployed.

6 (2) The benefits of the usage of the Associate

7 Intermodal Platform pallet system include the fol8 lowing:

9 (A) The Associate Intermodal Platform pal10 let system can be used to transport cargo alone

11 within current International Standard of Orga12 nization containers and thereby provide further

13 savings in costs of transportation of cargo.

14 (B) The Associate Intermodal Platform pal15 let system has successfully passed rigorous testing

16 by the United States Transportation Command

17 at various military installations in the United

18 States, at a Navy testing lab, and in the field in

19 Iraq, Kuwait, and Antarctica.

20 (C) By all accounts the Associate Inter21 modal Platform pallet system has performed well

22 beyond expectations and is ready for immediate

23 production and deployment.

24 (b) SENSE OF CONGRESS.—It is the sense of Congress

25 that the Department of Defense should—
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1 (1) rapidly field innovative logistic systems such

2 as the Associated Intermodal Platform pallet system;

3 and

4 (2) seek to fully procure innovative logistic sys5 tems such as the Associate Intermodal Platform pallet

6 system in future budgets.

7 TITLE II—RESEARCH, DEVELOP8 MENT, TEST, AND EVALUA9 TION

10 Subtitle A—Authorization of

11 Appropriations

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

13 Funds are hereby authorized to be appropriated for fis14 cal year 2008 for the use of the Department of Defense for

15 research, development, test, and evaluation as follows:

16 (1) For the Army, $11,268,904,000.

17 (2) For the Navy, $16,296,395,000.

18 (3) For the Air Force, $25,581,989,000.

19 (4) For Defense-wide activities, $21,511,739,000,

20 of which $180,264,000 is authorized for the Director

21 of Operational Test and Evaluation.

22 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH23 NOLOGY.

24 (a) FISCAL YEAR 2008.—Of the amounts authorized

25 to be appropriated by section 201, $11,204,784,000 shall be
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1 available for the Defense Science and Technology Program,

2 including basic research, applied research, and advanced

3 technology development projects.

4 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD5 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur6 poses of this section, the term ‘‘basic research, applied re7 search, and advanced technology development’’ means work

8 funded in program elements for defense research and devel9 opment under Department of Defense budget activity 1, 2,

10 or 3.

11 Subtitle B—Program Requirements,

12 Restrictions, and Limitations

13 SEC. 211. ADVANCED SENSOR APPLICATIONS PROGRAM.

14 (a) TRANSFER OF FUNDS.—Of the amount authorized

15 to be appropriated by section 201(4) for research, develop16 ment, test, and evaluation, Defense-wide activities, and

17 made available for the Foreign Material Acquisition and

18 Exploitation Program and for activities of the Office of

19 Special Technology, an aggregate of $20,000,000 shall be

20 transferred to the Advanced Sensor Applications Program

21 not later than 60 days after the date of the enactment of

22 this Act.

23 (b) REASSIGNMENT OF PROGRAM.—Beginning not

24 later than 30 days after the date of the enactment of this

25 Act, the Advanced Sensor Applications Program shall be
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1 a program of the Defense Threat Reduction Agency, man2 aged by the Director of the Defense Threat Reduction Agen3 cy, and shall be executed by the Program Executive Officer

4 for Aviation for the Navy working for the Director of the

5 Defense Threat Reduction Agency.

6 SEC. 212. ACTIVE PROTECTION SYSTEMS.

7 (a) COMPARATIVE TESTS REQUIRED.—

8 (1) IN GENERAL.—The Secretary of Defense shall

9 undertake comparative tests, including live-fire tests,

10 of appropriate foreign and domestic active protection

11 systems in order—

12 (A) to determine the effectiveness of such

13 systems; and

14 (B) to develop information useful in the

15 consideration of the adoption of such systems in

16 defense acquisition programs.

17 (2) REPORTS.—Not later than March 1 of each

18 of 2008 and 2009, the Secretary shall submit to the

19 congressional defense committees a report on the re20 sults of the tests undertaken under paragraph (1) as

21 of the date of such report.

22 (b) COMPREHENSIVE ASSESSMENT REQUIRED.—

23 (1) IN GENERAL.—The Secretary shall undertake

24 a comprehensive assessment of active protection sys25 tems in order to develop information useful in the de-
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1 velopment of joint active protection systems and other

2 defense programs.

3 (2) ELEMENTS.—The assessment under para4 graph (1) shall include—

5 (A) an identification of the potential merits

6 and operational costs of the use of active protec7 tion systems by United States military forces;

8 (B) a characterization of the threats that

9 use of active protection systems by potential ad10 versaries would pose to United States military

11 forces and weapons;

12 (C) an identification and assessment of

13 countermeasures to active protection systems;

14 (D) an analysis of collateral damage poten15 tial of active protection systems;

16 (E) an identification and assessment of

17 emerging direct-fire and top-attack threats to de18 fense systems that could potentially deploy active

19 protection systems; and

20 (F) an identification and assessment of crit21 ical technology elements of active protection sys22 tems.

23 (3) REPORT.—Not later than December 31, 2008,

24 the Secretary shall submit to the congressional defense
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1 committees a report on the assessment under para2 graph (1).

3 SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR

4 COMPETITIVE PROCUREMENT OF PROPUL5 SION SYSTEM FOR THE JOINT STRIKE FIGHT6 ER.

7 Within amount authorized to be appropriated for fis8 cal years after fiscal year 2007 for procurement, and for

9 research, development, test, and evaluation, for the Joint

10 Strike Fighter Program, the Secretary of Defense shall en11 sure the obligation and expenditure of sufficient amounts

12 each such fiscal year for the continued development and

13 procurement of two options for the propulsion system for

14 the Joint Strike Fighter in order to assure the competitive

15 development and eventual production for the propulsion

16 system for a Joint Strike Fighter aircraft, thereby giving

17 a choice of engine to the growing number of nations express18 ing interest in procuring such aircraft.

19 SEC. 214. GULF WAR ILLNESSES RESEARCH.

20 (a) FUNDING.—

21 (1) ADDITIONAL AMOUNT.—Of the amount au22 thorized to be appropriated by section 201(1) for re23 search, development, test, and evaluation, Army

24 $15,000,000, may be allocated to Medical Advanced

25 Technology (PE #0603002A) for the Army to carry
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1 out, as part of its Congressionally Directed Medical

2 Research Programs, a program for Gulf War Illnesses

3 Research.

4 (b) PURPOSE.—The purpose of the program may be

5 to develop diagnostic markers and treatments for the com6 plex of symptoms commonly known as ‘‘Gulf War Illnesses

7 (GWI)’’, including widespread pain, cognitive impairment,

8 and persistent fatigue in conjunction with diverse other

9 symptoms and abnormalities, that are associated with serv10 ice in the Southwest Asia theater of operations in the early

11 1990s during the Persian Gulf War.

12 (c) PROGRAM ACTIVITIES.—

13 (1) Highest priority under the program shall be

14 afforded to pilot and observational studies of treat15 ments for the complex of symptoms described in sub16 section (b) and comprehensive clinical trials of such

17 treatments that have demonstrated effectiveness in

18 previous past pilot and observational studies.

19 (2) Secondary priority under the program may

20 be afforded to studies that identify objective markers

21 for such complex of symptoms and biological mecha22 nisms underlying such complex of symptoms that can

23 lead to the identification and development of such

24 markers and treatments.
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1 (3) No study shall be funded under the program

2 that is based on psychiatric illness and psychological

3 stress as the central cause of such complex of symp4 toms (as is consistent with current research findings).

5 (d) COMPETITIVE SELECTION AND PEER REVIEW.—

6 The program shall be conducted using competitive selection

7 and peer review for the identification of activities having

8 the most substantial scientific merit, utilizing individuals

9 with recognized expertise in Gulf War illnesses in the design

10 of the solicitation and in the scientific and programmatic

11 review processes.

12 Subtitle C—Missile Defense

13 Programs

14 SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR

15 PROCUREMENT, CONSTRUCTION, AND DE16 PLOYMENT OF MISSILE DEFENSES IN EU17 ROPE.

18 (a) GENERAL LIMITATION.—No funds authorized to be

19 appropriated by this Act may be obligated or expended for

20 procurement, site activation, construction, preparation of

21 equipment for, or deployment of a long-range missile de22 fense system in Europe until the following conditions have

23 been met:

24 (1) The governments of the countries in which

25 major components of such missile defense system (in-
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1 cluding interceptors and associated radars) are pro2 posed to be deployed have each given final approval

3 to any missile defense agreements negotiated between

4 such governments and the United States Government

5 concerning the proposed deployment of such compo6 nents in their countries.

7 (2) 45 days have elapsed following the receipt by

8 Congress of the report required under subsection

9 (c)(6).

10 (b) ADDITIONAL LIMITATION.—In addition to the limi11 tation in subsection (a), no funds authorized to be appro12 priated by this Act may be obligated or expended for the

13 acquisition or deployment of operational missiles of a long14 range missile defense system in Europe until the Secretary

15 of Defense, after receiving the views of the Director of Oper16 ational Test and Evaluation, submits to Congress a report

17 certifying that the proposed interceptor to be deployed as

18 part of such missile defense system has demonstrated,

19 through successful, operationally realistic flight testing, a

20 high probability of working in an operationally effective

21 manner.

22 (c) REPORT ON INDEPENDENT ASSESSMENT FOR BAL23 LISTIC MISSILE DEFENSE IN EUROPE.—

24 (1) INDEPENDENT ASSESSMENT.—Not later than

25 30 days after the date of the enactment of this Act,
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1 the Secretary of Defense shall select a federally funded

2 research and development center to conduct an inde3 pendent assessment of options for ballistic missile de4 fense for forward deployed forces of the United States

5 and its allies in Europe.

6 (2) ISSUES TO BE ASSESSED.—In carrying out

7 the assessment described in paragraph (1), the feder8 ally funded research and development center selected

9 under that paragraph shall consider the following in

10 connection with options for missile defense in Europe:

11 (A) The threat to Europe of ballistic mis12 siles (including short-range, medium-range, in13 termediate-range, and long-range ballistic mis14 siles) from Iran and from other nations (except

15 Russia), including the likelihood and timing of

16 such threats.

17 (B) The missile defense capabilities appro18 priate to meet current, near-term, and mid-term

19 ballistic missile threats facing Europe during the

20 period from 2008 through 2015.

21 (C) Alternative options for defending the

22 European territory of members of the North At23 lantic Treaty Organization against the threats

24 described in subparagraph (B).
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1 (D) The utility and cost-effectiveness of pro2 viding ballistic missile defense of the United

3 States with a system located in Europe, if war4 ranted by the threat, when compared with the

5 provision of such defense through the deployment

6 of additional ballistic missile defense in the

7 United States.

8 (E) The views of European members of the

9 North Atlantic Treaty Organization on the desir10 ability of ballistic missile defenses for the Euro11 pean territory of such nations.

12 (F) Potential opportunities for participa13 tion by the Government of Russia in a European

14 missile defense system.

15 (3) TECHNOLOGIES TO BE CONSIDERED.—In

16 conducting the assessment described in paragraph (1),

17 the federally funded research and development center

18 selected under that paragraph shall consider, but not

19 be limited to, the following missile defense technology

20 options:

21 (A) The Patriot PAC–3 system.

22 (B) The Medium Extended Air Defense Sys23 tem.
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1 (C) The Aegis Ballistic Missile Defense sys2 tem, with all variants of the Standard Missile3 3 interceptor.

4 (D) The Terminal High Altitude Area De5 fense (THAAD) system.

6 (E) The proposed deployment of Ground7 based Midcourse Defense (GMD) system elements

8 in Europe, consisting of the proposed 2-stage Or9 bital Boost Vehicle interceptor, and the proposed

10 European Midcourse X-band radar.

11 (F) Forward-Based X-band Transportable

12 (FBX–T) radars.

13 (G) Other non-United States, North Atlan14 tic Treaty Organization missile defense systems.

15 (4) FACTORS TO BE CONSIDERED.—In con16 ducting the assessment described in paragraph (1),

17 the federally funded research and development center

18 selected under that paragraph shall consider the fol19 lowing factors with respect to potential ballistic mis20 sile defense options:

21 (A) The missile defense needs of the Euro22 pean members of the North Atlantic Treaty Or23 ganization, including forward deployed United

24 States forces, with respect to current, near-term,

25 and mid-term ballistic missile threats.
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1 (B) Operational effectiveness.

2 (C) Command and control arrangements.

3 (D) Integration and interoperability with

4 North Atlantic Treaty Organization missile de5 fenses.

6 (E) Cost and affordability, including pos7 sible allied cost-sharing.

8 (F) Cost-effectiveness.

9 (G) The degree of coverage of the European

10 territory of members of the North Atlantic Trea11 ty Organization.

12 (5) COOPERATION OF OTHER AGENCIES.—The

13 Secretary of Defense, the Director of National Intel14 ligence, and the heads of other departments and agen15 cies of the United States Government shall provide the

16 federally funded research and development center se17 lected under paragraph (1) such data, analyses, brief18 ings, and other information as the center considers

19 necessary to carry out the assessment described in

20 that paragraph.

21 (6) REPORT REQUIRED.—Not later than 180

22 days after the date of the enactment of this Act, the

23 federally funded research and development center se24 lected under paragraph (1) shall submit to the Sec25 retary of Defense and the congressional defense com-
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1 mittees a report on the results of the assessment de2 scribed in that paragraph, including any findings

3 and recommendations of the center as a result of the

4 assessment.

5 (7) FORM.—The report under paragraph (6)

6 shall be submitted in unclassified form, but may in7 clude a classified annex.

8 (d) CONSTRUCTION.—Nothing in this section shall be

9 construed to limit continuing obligation and expenditure

10 of funds for missile defense, including for research and de11 velopment and for other activities not otherwise limited by

12 subsection (a) or (b).

13 SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DE14 PLOYMENT OF MISSILE DEFENSE INTERCEP15 TORS IN ALASKA.

16 None of the funds authorized to be appropriated by this

17 Act may be obligated or expended to deploy more than 40

18 Ground-Based Interceptors at Fort Greely, Alaska, until the

19 Secretary of Defense, after receiving the views of the Direc20 tor of Operational Test and Evaluation, submits to Con21 gress a certification that the Block 2006 Ground-based Mid22 course Defense element of the Ballistic Missile Defense Sys23 tem has demonstrated, through operationally realistic end24 to-end flight testing, that it has a high probability of work25 ing in an operationally effective manner.
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1 SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR

2 MISSILE DEFENSE AGENCY ACTIVITIES.

3 (a) REVISED BUDGET STRUCTURE.—The budget jus4 tification materials submitted to Congress in support of the

5 Department of Defense budget for any fiscal year after fiscal

6 year 2008 (as submitted with the budget of the President

7 under section 1105(a) of title 31, United States Code) shall

8 set forth separately amounts requested for the Missile De9 fense Agency for each of the following:

10 (1) Research, development, test, and evaluation.

11 (2) Procurement.

12 (3) Operation and maintenance.

13 (4) Military construction.

14 (b) OBJECTIVES FOR ACQUISITION ACTIVITIES.—

15 (1) IN GENERAL.—Commencing as soon as prac16 ticable, but not later than the submittal to Congress

17 of the budget for the President for fiscal year 2009

18 under section 1105(a) of title 31, United States Code,

19 the Missile Defense Agency shall take appropriate ac20 tions to achieve the following objectives in its acquisi21 tion activities:

22 (A) Improved transparency.

23 (B) Improved accountability.

24 (C) Enhanced oversight.

25 (2) REQUIRED ACTIONS.—In order to achieve the

26 objectives specified in paragraph (1), the Missile De-
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1 fense Agency shall, at a minimum, take actions as fol2 lows:

3 (A) Establish acquisition cost, schedule, and

4 performance baselines for each Ballistic Missile

5 Defense System element that—

6 (i) has entered the equivalent of the

7 System Development and Demonstration

8 phase of acquisition; or

9 (ii) is being produced and acquired for

10 operational fielding.

11 (B) Provide unit cost reporting data for

12 each Ballistic Missile Defense System element

13 covered by subparagraph (A), and secure inde14 pendent estimation and verification of such cost

15 reporting data.

16 (C) Include each year in the budget jus17 tification materials described in subsection (a) a

18 description of actions being taken in the fiscal

19 year in which such materials are submitted, and

20 the actions to be taken in the fiscal year covered

21 by such materials, to achieve such objectives.

22 (3) SPECIFICATION OF BALLISTIC MISSILE DE23 FENSE SYSTEM ELEMENTS.—The Ballistic Missile De24 fense System elements that, as of May 2007, are Bal-
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1 listic Missile Defense System elements covered by

2 paragraph (2)(A) are the following elements:

3 (A) Ground-based Midcourse Defense.

4 (B) Aegis Ballistic Missile Defense.

5 (C) Terminal High Altitude Area Defense.

6 (D) Forward-Based X-band radar-Trans7 portable (AN/TPY–2).

8 (E) Command, Control, Battle Manage9 ment, and Communications.

10 (F) Sea-Based X-band radar.

11 (G) Upgraded Early Warning radars.

12 SEC. 234. PARTICIPATION OF DIRECTOR, OPERATIONAL

13 TEST AND EVALUATION, IN MISSILE DEFENSE

14 TEST AND EVALUATION ACTIVITIES.

15 Section 139 of title 10, United States Code, is

16 amended—

17 (1) by redesignating subsections (f) through (j)

18 as subsections (g) through (k), respectively; and

19 (2) by inserting after subsection (e) the following

20 new subsection (f):

21 ‘‘(f)(1) The Director of the Missile Defense Agency shall

22 report promptly to the Director of Operational Test and

23 Evaluation the results of all tests and evaluations conducted

24 by the Missile Defense Agency and of all studies conducted
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1 by the Missile Defense Agency in connection with tests and

2 evaluations in the Missile Defense Agency.

3 ‘‘(2) The Director of Operational Test and Evaluation

4 may require that such observers as the Director designates

5 be present during the preparation for and the conduct of

6 any test and evaluation conducted by the Missile Defense

7 Agency.

8 ‘‘(3) The Director of Operational Test and Evaluation

9 shall have access to all records and data in the Department

10 of Defense (including the records and data of the Missile

11 Defense Agency) that the Director considers necessary to re12 view in order to carry out his duties under this subsection.’’.

13 SEC. 235. EXTENSION OF COMPTROLLER GENERAL ASSESS14 MENTS OF BALLISTIC MISSILE DEFENSE PRO15 GRAMS.

16 Section 232(g) of the National Defense Authorization

17 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is

18 amended—

19 (1) in paragraph (1), by striking ‘‘through

20 2008’’ and inserting ‘‘through 2013’’; and

21 (2) in paragraph (2), by striking ‘‘through

22 2009’’ and inserting ‘‘through 2014’’.
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1 Subtitle D—Other Matters

2 SEC. 251. MODIFICATION OF NOTICE AND WAIT REQUIRE3 MENT FOR OBLIGATION OF FUNDS FOR FOR4 EIGN COMPARATIVE TEST PROGRAM.

5 Paragraph (3) of section 2350a(g) of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘(3) The Director of Defense Research and Engineer8 ing shall notify the congressional defense committees of the

9 intent to obligate funds made available to carry out this

10 subsection not less than 7 days before such funds are obli11 gated.’’.

12 SEC. 252. MODIFICATION OF COST SHARING REQUIREMENT

13 FOR TECHNOLOGY TRANSITION INITIATIVE.

14 Paragraph (2) of section 2359a(f) of title 10, United

15 States Code, is amended to read as follows:

16 ‘‘(2) The amount of funds provided to a project under

17 paragraph (1) by the military department or Defense Agen18 cy concerned shall be the appropriate share of the military

19 department or Defense Agency, as the case may be, of the

20 cost of the project, as determined by the Manager.’’.

21 SEC. 253. STRATEGIC PLAN FOR THE MANUFACTURING

22 TECHNOLOGY PROGRAM.

23 (a) IN GENERAL.—Section 2521 of title 10, United

24 States Code, is amended by adding at the end the following

25 new subsection:
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1 ‘‘(e) STRATEGIC PLAN.—(1) The Secretary shall de2 velop a plan for the program which includes the following:

3 ‘‘(A) The overall manufacturing technology goals,

4 milestones, priorities, and investment strategy for the

5 program during the 5-fiscal year period beginning

6 with the first fiscal year commencing after the devel7 opment of the plan.

8 ‘‘(B) For each of the fiscal years under the pe9 riod of the plan, the objectives of, and funding for, the

10 program for each military department and each De11 fense Agency that shall participate in the program

12 during the period of the plan.

13 ‘‘(2) The Secretary shall include in the plan mecha14 nisms for assessing the effectiveness of the program under

15 the plan.

16 ‘‘(3) The Secretary shall update the plan on a biennial

17 basis.

18 ‘‘(4) The Secretary shall include the plan, and any up19 date of the plan under paragraph (3), in the budget jus20 tification documents submitted in support of the budget of

21 the Department of Defense for the applicable fiscal year (as

22 included in the budget of the President submitted to Con23 gress under section 1105 of title 31).’’.

24 (b) INITIAL DEVELOPMENT OF PLAN.—The Secretary

25 of Defense shall develop the strategic plan required by sub-
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1 section (e) of section 2521 of title 10, United States Code

2 (as added by subsection (a) of this section), so that the plan

3 goes into effect at the beginning of fiscal year 2009.

4 SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINA5 TION OF DEFENSE EXPERIMENTAL PROGRAM

6 TO STIMULATE COMPETITIVE RESEARCH

7 WITH SIMILAR FEDERAL PROGRAMS.

8 Section 257(e)(2) of the National Defense Authoriza9 tion Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is

10 amended by striking ‘‘shall’’ each place it appears and in11 serting ‘‘may’’.

12 SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY

13 RESEARCH AND DEVELOPMENT PROGRAM.

14 (a) PROGRAM PURPOSES.—Subsection (b) of section

15 246 of the Bob Stump National Defense Authorization Act

16 for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2500;

17 10 U.S.C. 2358 note) is amended—

18 (1) in paragraph (2), by striking ‘‘in nanoscale

19 research and development’’ and inserting ‘‘in the Na20 tional Nanotechnology Initiative and with the Na21 tional Nanotechnology Coordination Office under sec22 tion 3 of the 21st Century Nanotechnology Research

23 and Development Act (15 U.S.C. 7502)’’; and

24 (2) in paragraph (3), by striking ‘‘portfolio of

25 fundamental and applied nanoscience and engineer-
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1 ing research initiatives’’ and inserting ‘‘portfolio of

2 nanotechnology research and development initiatives’’.

3 (b) PROGRAM ADMINISTRATION.—

4 (1) ADMINISTRATION THROUGH UNDER SEC5 RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY,

6 AND LOGISTICS.—Subsection (c) of such section is

7 amended—

8 (A) by striking ‘‘the Director of Defense Re9 search and Engineering’’ and inserting ‘‘the

10 Under Secretary of Defense for Acquisition,

11 Technology, and Logistics’’; and

12 (B) by striking ‘‘The Director’’ and insert13 ing ‘‘The Under Secretary’’.

14 (2) OTHER ADMINISTRATIVE MATTERS.—Such

15 subsection is further amended—

16 (A) in paragraph (2), by striking ‘‘the De17 partment’s increased investment in

18 nanotechnology and the National Nanotechnology

19 Initiative; and’’ and inserting ‘‘investments by

20 the Department and other departments and

21 agencies participating in the National

22 Nanotechnology Initiative in nanotechnology re23 search and development;’’;

24 (B) in paragraph (3), by striking the period

25 at the end and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(4) oversee interagency coordination of the pro4 gram with other departments and agencies partici5 pating in the National Nanotechnology Initiative, in6 cluding providing appropriate funds to support the

7 National Nanotechnology Coordination Office.’’.

8 (c) PROGRAM ACTIVITIES.—Such section is further

9 amended—

10 (1) by striking subsection (d); and

11 (2) by adding at the end the following new sub12 section (d):

13 ‘‘(d) ACTIVITIES.—Activities under the program shall

14 include the following:

15 ‘‘(1) The development of a strategic plan for de16 fense nanotechnology research and development that is

17 integrated with the strategic plan for the National

18 Nanotechnology Initiative.

19 ‘‘(2) The issuance on an annual basis of policy

20 guidance to the military departments and the Defense

21 Agencies that—

22 ‘‘(A) establishes research priorities under

23 the program;
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1 ‘‘(B) provides for the determination and

2 documentation of the benefits to the Department

3 of Defense of research under the program; and

4 ‘‘(C) sets forth a clear strategy for

5 transitioning the research into products needed

6 by the Department.

7 ‘‘(3) Advocating for the transition of

8 nanotechnologies in defense acquisition programs, in9 cluding the development of nanomanufacturing capa10 bilities and a nanotechnology defense industrial

11 base.’’.

12 (d) REPORTS.—Such section is further amended by

13 adding at the end the following new subsection:

14 ‘‘(e) REPORTS.—(1) Not later than March 1 of each

15 of 2009, 2011, and 2013, the Under Secretary of Defense

16 for Acquisition, Technology, and Logistics shall submit to

17 the congressional defense committees a report on the pro18 gram.

19 ‘‘(2) Each report under paragraph (1) shall include

20 the following:

21 ‘‘(A) A review of—

22 ‘‘(i) the long-term challenges and specific

23 technical goals of the program; and

24 ‘‘(ii) the progress made toward meeting

25 such challenges and achieving such goals.
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1 ‘‘(B) An assessment of current and proposed

2 funding levels for the program, including an assess3 ment of the adequacy of such funding levels to support

4 program activities.

5 ‘‘(C) A review of the coordination of activities

6 under the program within the Department of Defense,

7 with other departments and agencies of the United

8 States, and with the National Nanotechnology Initia9 tive.

10 ‘‘(D) A review and analysis of the findings and

11 recommendations relating to the Department of De12 fense of the most recent triennial external review of

13 the National Nanotechnology Program under section

14 5 of the 21st Century Nanotechnology Research and

15 Development Act (15 U.S.C. 1704), and a description

16 of initiatives of the Department to implement such

17 recommendations.

18 ‘‘(E) An assessment of technology transition from

19 nanotechnology research and development to enhanced

20 warfighting capabilities, including contributions from

21 the Department of Defense Small Business Innovative

22 Research and Small Business Technology Transfer

23 Research programs, and the Department of Defense

24 Manufacturing Technology program, and an identi-
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1 fication of acquisition programs and deployed defense

2 systems that are incorporating nanotechnologies.

3 ‘‘(F) An assessment of global nanotechnology re4 search and development in areas of interest to the De5 partment, including an identification of the use of

6 nanotechnologies in any foreign defense systems.

7 ‘‘(G) An assessment of the defense

8 nanotechnology manufacturing and industrial base

9 and its capability to meet the near and far term re10 quirements of the Department.

11 ‘‘(H) Such recommendations for additional ac12 tivities under the program to meet emerging national

13 security requirements as the Under Secretary con14 siders appropriate.

15 ‘‘(3) Each report under paragraph (1) shall be sub16 mitted in unclassified form, but may include a classified

17 annex.’’.

18 (e) COMPTROLLER GENERAL REPORT ON PROGRAM.—

19 Not later than March 31, 2010, the Comptroller General

20 of the United States shall submit to the congressional de21 fense committees a report setting forth the assessment of the

22 Comptroller General of the progress made by the Depart23 ment of Defense in achieving the purposes of the defense

24 nanotechnology research and development program required

25 by section 246 of the Bob Stump National Defense Author-
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1 ization Act for Fiscal Year 2003 (as amended by this sec2 tion).

3 SEC. 256. COMPTROLLER GENERAL ASSESSMENT OF THE

4 DEFENSE EXPERIMENTAL PROGRAM TO STIM5 ULATE COMPETITIVE RESEARCH.

6 (a) REVIEW.—Not later than one year after the date

7 of the enactment of this Act, the Comptroller General of the

8 United States shall submit to the Committees on Armed

9 Services of the Senate and the House of Representatives an

10 assessment of the effectiveness of the Defense Experimental

11 Program to Stimulate Competitive Research.

12 (b) ASSESSMENT.—The report under subsection (a)

13 shall include the following:

14 (1) A description and assessment of the tangible

15 results and progress toward the objectives of the pro16 gram, including—

17 (A) an identification of any past program

18 activities that led to, or were fundamental to,

19 applications used by, or supportive of, oper20 ational users; and

21 (B) an assessment of whether the program

22 has expanded the national research infrastruc23 ture.
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1 (2) An assessment whether the activities under2 taken under the program are consistent with the stat3 ute authorizing the program.

4 (3) An assessment whether the various elements

5 of the program, such as structure, funding, staffing,

6 project solicitation and selection, and administration,

7 are working effectively and efficiently to support the

8 effective execution of the program.

9 (4) A description and assessment of past and on10 going activities of State planning committees under

11 the program in supporting the achievement of the ob12 jectives of the program.

13 (5) An analysis of the advantages and disadvan14 tages of having an institution-based formula for qual15 ification to participate in the program when com16 pared with the advantages and disadvantages of hav17 ing a State-based formula for qualification to partici18 pate in supporting defense missions and the objective

19 of expanding the Nation’s defense research infrastruc20 ture.

21 (6) An identification of mechanisms for improv22 ing the management and implementation of the pro23 gram, including modification of the statute author24 izing the program, Department regulations, program
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1 structure, funding levels, funding strategy, or the ac2 tivities of the State committees.

3 (7) Any other matters the Comptroller General

4 considers appropriate.

5 SEC. 257. STUDY AND REPORT ON STANDARD SOLDIER PA6 TIENT TRACKING SYSTEM.

7 (a) STUDY REQUIRED.—In conjunction with the devel8 opment of the pilot program utilizing an electronic clear9 inghouse for support of the disability evaluation system of

10 the Department of Defense authorized under this Act, the

11 Secretary of Defense shall conduct a study on the feasibility

12 of including in the required pilot program the following ad13 ditional elements:

14 (1) A means to allow each recovering service

15 member, each family member of such a member, each

16 commander of a military installation retaining med17 ical holdover patients, each patient navigator, and

18 ombudsman office personnel, at all times, to be able

19 to locate and understand exactly where a recovering

20 service member is in the medical holdover process.

21 (2) A means to ensure that the commander of

22 each military medical facility where recovering serv23 ice members are located is able to track appointments

24 of such members to ensure they are meeting timeliness

25 and other standards that serve the member.
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1 (3) A means to ensure each recovering service

2 member is able to know when his or her appointments

3 and other medical evaluation board or physical eval4 uation board deadlines will be and that they have

5 been scheduled in a timely and accurate manner.

6 (4) Any other information needed to conduct

7 oversight of care of the member through out the med8 ical holdover process.

9 (5) Information that will allow the Secretaries of

10 the military departments and the Under Secretary of

11 Defense for Personnel and Readiness to monitor

12 trends and problems.

13 (b) REPORT.—Not later than 90 days after the date

14 of the enactment of this Act, the Secretary of Defense shall

15 submit to the Committees on Armed Services of the Senate

16 and the House of Representatives a report on the results

17 of the study, with such findings and recommendations as

18 the Secretary considers appropriate.

19 SEC. 258. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING

20 REDUCTION FOR HIGH ENERGY LASER SYS21 TEMS TEST FACILITY.

22 (a) REPORT REQUIRED.—Not later than 90 days after

23 the date of the enactment of this Act, the Secretary of De24 fense shall submit to the congressional defense committees

25 a report containing a cost-benefit analysis of the proposed
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1 reduction in Army research, development, test, and evalua2 tion funding for the High Energy Laser Systems Test Facil3 ity.

4 (b) EVALUATION OF IMPACT ON OTHER MILITARY DE5 PARTMENTS.—The report required under subsection (a)

6 shall include an evaluation of the impact of the proposed

7 reduction in funding on each Department of Defense orga8 nization or activity that utilizes the High Energy Laser

9 Systems Test Facility.

10 TITLE III—OPERATION AND

11 MAINTENANCE

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2008 for the use of the Armed Forces and other

17 activities and agencies of the Department of Defense, for

18 expenses, not otherwise provided for, for operation and

19 maintenance, in amounts as follows:

20 (1) For the Army, $29,725,273,000.

21 (2) For the Navy, $33,307,690,000.

22 (3) For the Marine Corps, $4,998,493,000.

23 (4) For the Air Force, $32,967,215,000.

24 (5) For Defense-wide activities, $22,397,153,000.

25 (6) For the Army Reserve, $2,512,062,000.
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1 (7) For the Navy Reserve, $1,186,883,000.

2 (8) For the Marine Corps Reserve, $208,637,000.

3 (9) For the Air Force Reserve, $2,821,817,000.

4 (10) For the Army National Guard,

5 $5,861,409,000.

6 (11) For the Air National Guard,

7 $5,469,368,000.

8 (12) For the United States Court of Appeals for

9 the Armed Forces, $11,971,000.

10 (13) For Environmental Restoration, Army,

11 $434,879,000.

12 (14) For Environmental Restoration, Navy,

13 $300,591,000.

14 (15) For Environmental Restoration, Air Force,

15 $458,428,000.

16 (16) For Environmental Restoration, Defense17 wide, $12,751,000.

18 (17) For Environmental Restoration, Formerly

19 Used Defense Sites, $270,249,000.

20 (18) For Former Soviet Union Threat Reduction

21 programs, $448,048,000.

22 (19) For Overseas Humanitarian, Disaster and

23 Civic Aid programs, $63,300,000.

24 (20) For Overseas Contingency Operations

25 Transfer Fund, $5,000,000.
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1 Subtitle B—Environmental

2 Provisions

3 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC4 TION AGENCY FOR CERTAIN COSTS IN CON5 NECTION WITH MOSES LAKE WELLFIELD

6 SUPERFUND SITE, MOSES LAKE, WASH7 INGTON.

8 (a) AUTHORITY TO REIMBURSE.—

9 (1) TRANSFER AMOUNT.—Using funds described

10 in subsection (b), the Secretary of Defense may, not11 withstanding section 2215 of title 10, United States

12 Code, transfer not more than $91,588.51 to the Moses

13 Lake Wellfield Superfund Site 10–6J Special Ac14 count.

15 (2) PURPOSE OF REIMBURSEMENT.—The pay16 ment under paragraph (1) is to reimburse the Envi17 ronmental Protection Agency for its costs incurred in

18 overseeing a remedial investigation/feasibility study

19 performed by the Department of the Army under the

20 Defense Environmental Restoration Program at the

21 former Larson Air Force Base, Moses Lake Superfund

22 Site, Moses Lake, Washington.

23 (3) INTERAGENCY AGREEMENT.—The reimburse24 ment described in paragraph (2) is provided for in

25 the interagency agreement entered into by the Depart-
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1 ment of the Army and the Environmental Protection

2 Agency for the Moses Lake Wellfield Superfund Site

3 in March 1999.

4 (b) SOURCE OF FUNDS.—Any payment under sub5 section (a) shall be made using funds authorized to be ap6 propriated by section 301(16) for operation and mainte7 nance for Environmental Restoration, Defense-wide.

8 (c) USE OF FUNDS.—The Environmental Protection

9 Agency shall use the amount transferred under subsection

10 (a) to pay costs incurred by the Agency at the Moses Lake

11 Wellfield Superfund Site.

12 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC13 TION AGENCY FOR CERTAIN COSTS IN CON14 NECTION WITH THE ARCTIC SURPLUS SUPER15 FUND SITE, FAIRBANKS, ALASKA.

16 (a) AUTHORITY TO REIMBURSE.—

17 (1) TRANSFER AMOUNT.—Using funds described

18 in subsection (b), the Secretary of Defense may, not19 withstanding section 2215 of title 10, United States

20 Code, transfer not more than $186,625.38 to the Haz21 ardous Substance Superfund.

22 (2) PURPOSE OF REIMBURSEMENT.—The pay23 ment under paragraph (1) is to reimburse the Envi24 ronmental Protection Agency for costs incurred pur25 suant to the agreement known as ‘‘In the Matter of
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1 Arctic Surplus Superfund Site, U.S. EPA Docket

2 Number CERCLA–10–2003–0114: Administrative

3 Order on Consent for Remedial Design and Remedial

4 Action,’’ entered into by the Department of Defense

5 and the Environmental Protection Agency on Decem6 ber 11, 2003.

7 (b) SOURCE OF FUNDS.—Any payment under sub8 section (a) shall be made using funds authorized to be ap9 propriated by section 301(16) for operation and mainte10 nance for Environmental Restoration, Defense-wide.

11 (c) USE OF FUNDS.—The Environmental Protection

12 Agency shall use the amount transferred under subsection

13 (a) to pay costs incurred by the Agency pursuant to the

14 agreement described in paragraph (2) of such subsection.

15 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION

16 AGENCY OF STIPULATED PENALTIES IN CON17 NECTION WITH JACKSON PARK HOUSING

18 COMPLEX, WASHINGTON.

19 (a) AUTHORITY TO TRANSFER FUNDS.—

20 (1) TRANSFER AMOUNT.—Using funds described

21 in subsection (b), the Secretary of the Navy may, not22 withstanding section 2215 of title 10, United States

23 Code, transfer not more than $40,000.00 to the Haz24 ardous Substance Superfund.
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1 (2) PURPOSE OF TRANSFER.—The payment

2 under paragraph (1) is to pay a stipulated penalty

3 assessed by the Environmental Protection Agency on

4 October 25, 2005, against the Jackson Park Housing

5 Complex, Washington, for the failure by the Navy to

6 timely submit a draft final Phase II Remedial Inves7 tigation Work Plan for the Jackson Park Housing

8 Complex Operable Unit (OU–3T–JPHC) pursuant to

9 a schedule included in an Interagency Agreement

10 (Administrative Docket No. CERCLA–10–2005–

11 0023).

12 (b) SOURCE OF FUNDS.—Any payment under sub13 section (a) shall be made using funds authorized to be ap14 propriated by section 301(14) for operation and mainte15 nance for Environmental Restoration, Navy.

16 (c) USE OF FUNDS.—The amount transferred under

17 subsection (a) shall be used by the Environmental Protec18 tion Agency to pay the penalty described under paragraph

19 (2) of such subsection.

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

21 SNAKE.

22 (a) FINDINGS.—Congress makes the following findings:

23 (1) The brown tree snake (Boiga irregularis), an

24 invasive species, is found in significant numbers on

25 military installations and in other areas on Guam,
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1 and constitutes a serious threat to the ecology of

2 Guam.

3 (2) If introduced into Hawaii, the Common4 wealth of the Northern Mariana Islands, or the conti5 nental United States, the brown tree snake would pose

6 an immediate and serious economic and ecological

7 threat.

8 (3) The most probable vector for the introduction

9 of the brown tree snake into Hawaii, the Common10 wealth of the Northern Mariana Islands, or the conti11 nental United States is the movement from Guam of

12 military aircraft, personnel, and cargo, including the

13 household goods of military personnel.

14 (4) It is probable that the movement of military

15 aircraft, personnel, and cargo, including the house16 hold goods of military personnel, from Guam to Ha17 waii, the Commonwealth of the Northern Mariana Is18 lands, or the continental United States will increase

19 significantly coincident with the increase in the num20 ber of military units and personnel stationed on

21 Guam.

22 (5) Current policies, programs, procedures, and

23 dedicated resources of the Department of Defense and

24 of other departments and agencies of the United

25 States may not be sufficient to adequately address the
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1 increasing threat of the introduction of the brown tree

2 snake from Guam into Hawaii, the Commonwealth of

3 the Northern Mariana Islands, or the continental

4 United States.

5 (b) REPORT.—Not later than 180 days after the date

6 of the enactment of this Act, the Secretary of Defense shall

7 submit to the congressional defense committees a report on

8 the following:

9 (1) The actions currently being taken (including

10 the resources being made available) by the Depart11 ment of Defense to control, and to develop new or ex12 isting techniques to control, the brown tree snake on

13 Guam and to ensure that the brown tree snake is not

14 introduced into Hawaii, the Commonwealth of the

15 Northern Mariana Island, or the continental United

16 States as a result of the movement from Guam of

17 military aircraft, personnel, and cargo, including the

18 household goods of military personnel.

19 (2) Current plans for enhanced future actions,

20 policies, and procedures and increased levels of re21 sources in order to ensure that the projected increase

22 of military personnel stationed on Guam does not in23 crease the threat of introduction of the brown tree

24 snake from Guam into Hawaii, the Commonwealth of
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1 the Northern Mariana Islands, or the continental

2 United States.

3 Subtitle C—Program Requirements,

4 Restrictions, and Limitations

5 SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMA6 TION SYSTEMS AGENCY WORKING CAPITAL

7 FUND FOR TECHNOLOGY UPGRADES TO DE8 FENSE INFORMATION SYSTEMS NETWORK.

9 (a) IN GENERAL.—Funds in the Defense Information

10 Systems Agency Working Capital Fund may be used for

11 expenses directly related to technology upgrades to the De12 fense Information Systems Network.

13 (b) LIMITATION ON CERTAIN PROJECTS.—Funds may

14 not be used under subsection (a) for—

15 (1) any significant technology insertion to the

16 Defense Information Systems Network; or

17 (2) any component with an estimated total cost

18 in excess of $500,000.

19 (c) LIMITATION IN FISCAL YEAR PENDING TIMELY RE20 PORT.—If in any fiscal year the report required by para21 graph (1) of subsection (d) is not submitted by the date

22 specified in paragraph (2) of subsection (d), funds may not

23 be used under subsection (a) in such fiscal year during the

24 period—
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1 (1) beginning on the date specified in paragraph

2 (2) of subsection (d); and

3 (2) ending on the date of the submittal of the re4 port under paragraph (1) of subsection (d).

5 (d) ANNUAL REPORT.—

6 (1) IN GENERAL.—The Director of the Defense

7 Information Systems Agency shall submit to the con8 gressional defense committees each fiscal year a report

9 on the use of the authority in subsection (a) during

10 the preceding fiscal year.

11 (2) DEADLINE FOR SUBMITTAL.—The report re12 quired by paragraph (1) in a fiscal year shall be sub13 mitted not later than 60 days after the date of the

14 submittal to Congress of the budget of the President

15 for the succeeding fiscal year pursuant to section 1105

16 of title 31, United States Code.

17 (e) SUNSET.—The authority in subsection (a) shall ex18 pire on October 1, 2011.

19 SEC. 322. EXTENSION OF TEMPORARY AUTHORITY FOR

20 CONTRACT PERFORMANCE OF SECURITY

21 GUARD FUNCTIONS.

22 (a) EXTENSION.—Subsection (c) of section 332 of the

23 Bob Stump National Defense Authorization Act for Fiscal

24 Year 2003 (Public Law 107–314) is amended by striking
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1 ‘‘September 30, 2009’’ both places it appears and inserting

2 ‘‘September 30, 2012’’.

3 (b) LIMITATION FOR FISCAL YEARS 2010 THROUGH

4 2012.—Subsection (d) of such section is amended—

5 (1) in paragraph (2), by striking ‘‘and’’ at the

6 end;

7 (2) in paragraph (3), by striking the period and

8 inserting ‘‘; and’’; and

9 (3) by adding at the end the following new para10 graphs:

11 ‘‘(4) for fiscal year 2010, the number equal to 70

12 percent of the total number of such personnel em13 ployed under such contracts on October 1, 2006;

14 ‘‘(5) for fiscal year 2011, the number equal to 60

15 percent of the total number of such personnel em16 ployed under such contracts on October 1, 2006; and

17 ‘‘(6) for fiscal year 2012, the number equal to 50

18 percent of the total number of such personnel em19 ployed under such contracts on October 1, 2006.’’.

20 SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007

21 ENHANCED DEPLOYMENT.

22 Section 323(b)(2) of the John Warner National Defense

23 Authorization Act for Fiscal Year 2007 (Public Law 109–

24 364; 10 U.S.C. 229 note) is amended—
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1 (1) in subparagraph (A), by striking ‘‘; and’’

2 and inserting a semicolon;

3 (2) in subparagraph (B), by striking the period

4 at the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(C) each of the military departments for

8 the additional incremental cost resulting from

9 the additional deployment of forces to Iraq and

10 Afghanistan above the levels deployed to such

11 countries on January 1, 2007.’’.

12 SEC. 324. INDIVIDUAL BODY ARMOR.

13 (a) ASSESSMENT.—The Director of Operational Test

14 and Evaluation and the Director of Defense Research and

15 Engineering shall jointly conduct an assessment of various

16 domestic technological approaches for body armor systems

17 for protection against ballistic threats at or above military

18 requirements.

19 (b) REPORT.—

20 (1) REPORT REQUIRED.—Not later than 90 days

21 after the date of the enactment of this Act, the Direc22 tor of Operational Test and Evaluation and the Di23 rector of Defense Research and Engineering shall

24 jointly submit to the Secretary of Defense, and to the
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1 congressional defense committees, a report on the as2 sessment required by subsection (a).

3 (2) ELEMENTS.—The report required under

4 paragraph (1) shall include—

5 (A) a detailed comparative analysis and as6 sessment of the technical approaches covered by

7 the assessment under subsection (a), including

8 the technical capability, feasibility, military

9 utility, and cost of each such approach; and

10 (B) such other matters as the Director of

11 Operational Test and Evaluation and the Direc12 tor of Defense Research and Engineering jointly

13 consider appropriate.

14 (3) FORM.—The report submitted under para15 graph (1) to the congressional defense committees

16 shall be submitted in both classified and unclassified

17 form.

18 Subtitle D—Workplace and Depot

19 Issues

20 SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUS21 TRIAL FACILITIES TO ENGAGE IN COOPERA22 TIVE ACTIVITIES WITH NON-ARMY ENTITIES.

23 (a) EXTENSION OF AUTHORITY.—Section 4544 of title

24 10, United States Code, is amended—
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1 (1) in subsection (a), by adding at the end the

2 following: ‘‘This authority may be used to enter into

3 not more than eight contracts or cooperative agree4 ments.’’; and

5 (2) in subsection (k), by striking ‘‘2009’’ and in6 serting ‘‘2014’’.

7 (b) REPORTS.—

8 (1) ANNUAL REPORT ON USE OF AUTHORITY.—

9 The Secretary of the Army shall submit to Congress

10 at the same time the budget of the President is sub11 mitted to Congress for fiscal years 2009 through 2016

12 under section 1105 of title 31, United States Code, a

13 report on the use of the authority provided under sec14 tion 4544 of title 10, United States Code.

15 (2) ANALYSIS OF USE OF AUTHORITY.—Not later

16 than September 30, 2012, the Secretary of the Army

17 shall submit to the congressional defense committees a

18 report assessing the advisability of making such au19 thority permanent and eliminating the limitation on

20 the number of contracts or cooperative arrangements

21 that may be entered into pursuant to such authority.

22 SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT

23 DEMONSTRATION PROGRAM.

24 (a) EXTENSION.—Subsection (a) of section 343 of the

25 Floyd D. Spence National Defense Authorization Act for
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1 Fiscal Year 2001 (as enacted into law by Public Law 106–

2 398; 10 U.S.C. 4551 note) is amended by striking ‘‘fiscal

3 years 2001 through 2008’’ and inserting ‘‘fiscal years 2001

4 through 2010’’.

5 (b) EXTENSION OF REPORTING REQUIREMENT.—The

6 second sentence in subsection (g)(1) of such section is

7 amended to read as follows: ‘‘No report is required after

8 fiscal year 2010.’’.

9 SEC. 343. REPORTS ON NATIONAL GUARD READINESS FOR

10 DOMESTIC EMERGENCIES.

11 (a) ANNUAL REPORTS ON EQUIPMENT.—Section

12 10541(b) of title 10, United States Code, is amended by

13 adding at the end the following new paragraphs:

14 ‘‘(9) An assessment of the extent to which the Na15 tional Guard possesses the equipment required to re16 spond to domestic emergencies, including large scale,

17 multi-State disasters and terrorist attacks.

18 ‘‘(10) An assessment of the shortfalls, if any, in

19 National Guard equipment throughout the United

20 States, and an assessment of the effect of such short21 falls on the capacity of the National Guard to re22 spond to domestic emergencies.

23 ‘‘(11) Strategies and investment priorities for

24 equipment for the National Guard to ensure that the

25 National Guard possesses the equipment required to
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1 respond in a timely and effective way to domestic

2 emergencies.’’.

3 (b) INCLUSION OF NATIONAL GUARD READINESS IN

4 QUARTERLY PERSONNEL AND UNIT READINESS REPORT.—

5 Section 482 of such title is amended—

6 (1) in subsection (a), by striking ‘‘and (e)’’ and

7 inserting ‘‘(e), and (f)’’;

8 (2) by redesignating subsection (f) as subsection

9 (g);

10 (3) by inserting after subsection (e) the following

11 new subsection (f):

12 ‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM

13 CIVIL SUPPORT MISSIONS.—(1) Each report shall also in14 clude an assessment of the readiness of the National Guard

15 to perform tasks required to support the National Response

16 Plan for support to civil authorities.

17 ‘‘(2) Any information in a report under this subsection

18 that is relevant to the National Guard of a particular State

19 shall also be made available to the Governor of that State.’’.

20 (c) EFFECTIVE DATE.—The amendments made by sub21 sections (a) and (b) shall apply with respect to reports sub22 mitted after the date of the enactment of this Act.

23 (d) REPORT ON IMPLEMENTATION.—

24 (1) IN GENERAL.—As part of the budget jus25 tification materials submitted to Congress in support
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1 of the budget of the President for fiscal year 2009 (as

2 submitted under section 1105 of title 31, United

3 States Code), the Secretary of Defense shall submit to

4 the congressional defense committees a report on ac5 tions taken by the Secretary to achieve the implemen6 tation of the amendments made by this section.

7 (2) ELEMENTS.—The report under paragraph

8 (1) shall include a description of the mechanisms to

9 be utilized by the Secretary for assessing the per10 sonnel, equipment, and training readiness of the Na11 tional Guard, including the standards and measures

12 that will be applied and mechanisms for sharing in13 formation on such matters with the Governors of the

14 States.

15 SEC. 344. SENSE OF SENATE ON THE AIR FORCE LOGISTICS

16 CENTERS.

17 (a) FINDINGS.—The Senate makes the following find18 ings:

19 (1) Air Force Air Logistics Centers have served

20 as a model of efficiency and effectiveness in providing

21 integrated sustainment (depot maintenance, supply

22 management, and product support) for fielded weap23 on systems within the Department of Defense. This

24 success has been founded in the integration of these

25 dependent processes.
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1 (2) Air Force Air Logistics Centers have em2 braced best practices, technology changes, and process

3 improvements, and have successfully managed in4 creased workload while at the same time reducing

5 personnel.

6 (3) Air Force Air Logistics Centers continue to

7 successfully sustain an aging aircraft fleet that is per8 forming more flying hours, with less aircraft, than at

9 any point in the last thirty years.

10 (4) The purpose of the Global Logistics Support

11 Center is to apply an enterprise approach to supply

12 chain management to eliminate redundancies and

13 improve efficiencies across the Air Force in order to

14 best provide capable aircraft to the warfighter.

15 (5) The Air Force is working diligently to iden16 tify means to create further efficiencies in the Air

17 Force logistics network.

18 (b) SENSE OF SENATE.—It is the sense of the Senate

19 that the Air Force should work closely with Congress as the

20 Air Force continues to develop and implement the Global

21 Logistics Support Center concept.
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1 Subtitle E—Other Matters

2 SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND

3 PREVENTION FUNCTIONS WITHIN DEPART4 MENT OF DEFENSE.

5 (a) OFFICE OF CORROSION POLICY AND OVERSIGHT.—

6 (1) IN GENERAL.—Section 2228 of title 10,

7 United States Code, is amended—

8 (A) in the section heading, by striking

9 ‘‘Military equipment and infrastruc10 ture: prevention and mitigation of cor11 rosion’’ and inserting ‘‘Office of Corro12 sion Policy and Oversight’’; and

13 (B) by amending subsection (a) to read as

14 follows:

15 ‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office

16 of Corrosion Policy and Oversight within the Office of the

17 Under Secretary of Defense for Acquisition, Technology,

18 and Logistics.

19 ‘‘(2) The Office shall be headed by a Director of Corro20 sion Policy and Oversight (in this section referred to as the

21 ‘Director’), who shall be assigned to such position by the

22 Under Secretary from among civilian employees of the De23 partment of Defense with the qualifications described in

24 paragraph (3). The Director is the senior official respon25 sible in the Department of Defense to the Secretary of De-
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1 fense (after the Under Secretary of Defense for Acquisition,

2 Technology, and Logistics) for the prevention and mitiga3 tion of corrosion of the military equipment and infrastruc4 ture of the Department of Defense. The Director shall report

5 directly to the Under Secretary.

6 ‘‘(3) In order to qualify to be assigned to the position

7 of Director, an individual shall—

8 ‘‘(A) have a minimum of 10 years experience in

9 the Defense Acquisition Corps;

10 ‘‘(B) have technical expertise in, and profes11 sional experience with, corrosion engineering, includ12 ing an understanding of the effects of corrosion poli13 cies on infrastructure; research, development, test, and

14 evaluation; and maintenance; and

15 ‘‘(C) have background in and an understanding

16 of Department of Defense budget formulation and exe17 cution, policy formulation, and planning and pro18 gram requirements.’’.

19 (2) CONFORMING CHANGES.—Subsection (b) of

20 such section is amended—

21 (A) in paragraph (1), by striking ‘‘official

22 or organization designated under subsection (a)’’

23 and inserting ‘‘Director’’; and
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1 (B) by striking ‘‘designated official or orga2 nization’’ each place it appears and inserting

3 ‘‘Director’’.

4 (b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF5 FICE.—Such section is further amended—

6 (1) by redesignating subsections (c) and (d) as

7 subsections (d) and (f), respectively; and

8 (2) by inserting after subsection (b) the following

9 new subsection:

10 ‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.—The

11 Director is authorized to—

12 ‘‘(1) develop, update, and coordinate corrosion

13 training with the Defense Acquisition University;

14 ‘‘(2) participate in the process within the De15 partment of Defense for the development of relevant

16 directives and instructions; and

17 ‘‘(3) interact directly with the corrosion preven18 tion industry, trade associations, other government

19 corrosion prevention agencies, academic research in20 stitutions, and scientific organizations engaged in

21 corrosion prevention, including the National Academy

22 of Sciences.’’.

23 (c) INCLUSION OF COOPERATIVE RESEARCH AGREE24 MENTS AS PART OF CORROSION REDUCTION STRATEGY.—

25 Subparagraph (D) of subsection (d)(2) of such section, as
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1 redesignated by subsection (b), is amended by inserting

2 after ‘‘operational strategies’’ the following: ‘‘, including

3 through the establishment of memoranda of agreement, joint

4 funding agreements, public-private partnerships, university

5 research centers, and other cooperative research agree6 ments’’.

7 (d) REPORT REQUIREMENT.—Such section is further

8 amended by inserting after subsection (d), as redesignated

9 by subsection (b), the following new subsection:

10 ‘‘(e) REPORT.—(1) The Secretary of Defense shall sub11 mit with the defense budget materials for each fiscal year

12 beginning with fiscal year 2009 a report on the following:

13 ‘‘(A) Funding requirements for the long-term

14 strategy developed under subsection (d).

15 ‘‘(B) The return on investment that would be

16 achieved by implementing the strategy.

17 ‘‘(C) The funds requested in the budget compared

18 to the funding requirements.

19 ‘‘(D) An explanation of why the Department of

20 Defense is not requesting funds for the entire require21 ment.

22 ‘‘(2) Not later than 60 days after submission of the

23 budget for a fiscal year, the Comptroller General shall pro24 vide to the congressional defense committees—
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1 ‘‘(A) an analysis of the budget submission for

2 corrosion control and prevention by the Department

3 of Defense; and

4 ‘‘(B) an analysis of the report required under

5 paragraph (1).’’.

6 (e) DEFINITIONS.—Subsection (f), as redesignated by

7 subsection (b), is amended by adding at the end the fol8 lowing new paragraphs:

9 ‘‘(4) The term ‘budget’, with respect to a fiscal

10 year, means the budget for that fiscal year that is

11 submitted to Congress by the President under section

12 1105(a) of title 31.

13 ‘‘(5) The term ‘defense budget materials’, with

14 respect to a fiscal year, means the materials sub15 mitted to Congress by the Secretary of Defense in sup16 port of the budget for that fiscal year.’’.

17 SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUP18 PORT PROVIDED TO FEDERAL AGENCIES.

19 Section 377 of title 10, United States Code, is

20 amended—

21 (1) in subsection (a), by striking ‘‘To the extent’’

22 and inserting ‘‘Subject to subsection (c), to the ex23 tent’’;

24 (2) by redesignating subsection (b) as subsection

25 (c);
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1 (3) by inserting after subsection (a) the following

2 new subsection:

3 ‘‘(b)(1) Subject to subsection (c), the Secretary of De4 fense shall require a Federal agency to which law enforce5 ment support or support to a national special security event

6 is provided by National Guard personnel performing duty

7 under section 502(f) of title 32 to reimburse the Department

8 of Defense for the costs of that support, notwithstanding any

9 other provision of law. No other provision of this chapter

10 shall apply to such support.

11 ‘‘(2) Any funds received by the Department of Defense

12 under this subsection as reimbursement for support pro13 vided by personnel of the National Guard shall be credited,

14 at the election of the Secretary of Defense, to the following:

15 ‘‘(A) The appropriation, fund, or account used to

16 fund the support.

17 ‘‘(B) The appropriation, fund, or account cur18 rently available for reimbursement purposes.’’; and

19 (4) in subsection (c), as redesignated by para20 graph (2)—

21 (A) by inserting ‘‘or section 502(f) of title

22 32’’ after ‘‘under this chapter’’; and

23 (B) in paragraph (2), by inserting ‘‘or per24 sonnel of the National Guard’’ after ‘‘Depart25 ment of Defense’’.
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1 SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE

2 PROGRAM.

3 Section 44310 of title 49, United States Code, is

4 amended by striking ‘‘March 30, 2008’’ and inserting ‘‘De5 cember 31, 2013’’.

6 SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION

7 OF UNLAWFULLY OBTAINED PROPERTY OF

8 THE ARMED FORCES.

9 (a) STATUTORY ESTABLISHMENT OF ACCOUNTABILITY

10 FOR PROPERTY OF NAVY AND MARINE CORPS.—

11 (1) IN GENERAL.—Chapter 661 of title 10,

12 United States Code, is amended by adding at the end

13 the following new section:

14 ‘‘§ 7864. Property accountability; regulations

15 ‘‘The Secretary of the Navy may prescribe regulations

16 for the accounting for property of the Navy and the Marine

17 Corps and for the fixing of responsibility for such prop18 erty.’’.

19 (2) UNAUTHORIZED DISPOSITION AND RECOVERY

20 OF PROPERTY.—Such chapter is further amended by

21 adding at the end the following new section:

22 ‘‘§ 7865. Military equipment: unauthorized disposition

23 ‘‘(a) PROHIBITION.—No member of the Navy or the

24 Marine Corps may sell, lend, pledge, barter, or give any

25 clothing, arms, or equipment obtained by or furnished to

26 the member by the United States to any person other than
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1 a member of the Navy or the Marine Corps authorized to

2 receive it, an officer of the United States authorized to re3 ceive it, or any other individual authorized to receive it.

4 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the

5 Navy or the Marine Corps disposes of property in violation

6 of subsection (a) and it is in the possession of a person

7 who is not authorized to receive it as described in that sub8 section, that person has no right to or interest in the prop9 erty, and any civil or military officer of the United States

10 may seize it, wherever found, subject to applicable regula11 tions. Possession of such property by a person who is not

12 authorized to receive it as described in subsection (a) is

13 prima facie evidence that it has been disposed of in viola14 tion of subsection (a).

15 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer

16 who seizes property under subsection (b) is not authorized

17 to retain it for the United States, the officer shall deliver

18 it to a person who is authorized to retain it.’’.

19 (b) STANDARDIZING AMENDMENTS RELATING TO DIS20 POSITION OF UNLAWFULLY OBTAINED ARMY AND AIR

21 FORCE PROPERTY.—

22 (1) ARMY PROPERTY.—Section 4836 of title 10,

23 United States Code, is amended to read as follows:
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1 ‘‘§ 4836. Military equipment: unauthorized disposition

2 ‘‘(a) PROHIBITION.—No member of the Army may sell,

3 lend, pledge, barter, or give any clothing, arms, or equip4 ment obtained by or furnished to the member by the United

5 States to any person other than a member of the Army au6 thorized to receive it, an officer of the United States author7 ized to receive it, or any other individual authorized to re8 ceive it.

9 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the

10 Army disposes of property in violation of subsection (a) and

11 it is in the possession of a person who is not authorized

12 to receive it as described in that subsection, that person has

13 no right to or interest in the property, and any civil or

14 military officer of the United States may seize it, wherever

15 found, subject to applicable regulations. Possession of such

16 property by a person who is not authorized to receive it

17 as described in subsection (a) is prima facie evidence that

18 it has been disposed of in violation of subsection (a).

19 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer

20 who seizes property under subsection (b) is not authorized

21 to retain it for the United States, the officer shall deliver

22 it to a person who is authorized to retain it.’’.

23 (2) AIR FORCE PROPERTY.—Section 9836 of such

24 title is amended is amended to read as follows:
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1 ‘‘§ 9836. Military equipment: unauthorized disposition

2 ‘‘(a) PROHIBITION.—No member of the Air Force may

3 sell, lend, pledge, barter, or give any clothing, arms, or

4 equipment obtained by or furnished to the member by the

5 United States to any person other than a member of the

6 Air Force authorized to receive it, an officer of the United

7 States authorized to receive it, or any other individual au8 thorized to receive it.

9 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the Air

10 Force disposes of property in violation of subsection (a) and

11 it is in the possession of a person who is not authorized

12 to receive it as described in that subsection, that person has

13 no right to or interest in the property, and any civil or

14 military officer of the United States may seize it, wherever

15 found, subject to applicable regulations. Possession of such

16 property by a person who is not authorized to receive it

17 as described in subsection (a) is prima facie evidence that

18 it has been disposed of in violation of subsection (a).

19 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer

20 who seizes property under subsection (b) is not authorized

21 to retain it for the United States, the officer shall deliver

22 it to a person who is authorized to retain it.’’.

23 (c) CLERICAL AMENDMENTS.—

24 (1) The table of sections at the beginning of

25 chapter 453 of such title is amended by striking the
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1 item relating to section 4836 and inserting the fol2 lowing new item:

‘‘4836. Military equipment: unauthorized disposition.’’.

3 (2) The table of sections at the beginning of

4 chapter 661 of such title is amended by adding at the

5 end the following new items:

‘‘7864. Property accountability: regulations.

‘‘7865. Military equipment: unauthorized disposition.’’.

6 (3) The table of sections at the beginning of

7 chapter 953 of such title is amended by striking the

8 item relating to section 9836 and inserting the fol9 lowing new item:

‘‘9836. Military equipment: unauthorized disposition.’’.

10 SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDI11 TIONS ON THE PAYMENT OF FULL REPLACE12 MENT VALUE FOR CLAIMS RELATED TO PER13 SONAL PROPERTY TRANSPORTED AT GOV14 ERNMENT EXPENSE.

15 Section 2636a(d) of title 10, United States Code, is

16 amended by adding at the end the following new sentence:

17 ‘‘The regulations may require members of the armed forces

18 or civilian employees of the Department of Defense to com19 ply with reasonable conditions in order to receive benefits

20 under this section.’’.
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1 SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COM2 BAT UNIFORMS ISSUED IN CONNECTION

3 WITH CONTINGENCY OPERATIONS.

4 The Secretary of a military department may authorize

5 members of the Armed Forces under the jurisdiction of the

6 Secretary to retain combat uniforms issued as organiza7 tional clothing and individual equipment in connection

8 with their deployment in support of contingency operations.

9 SEC. 357. MODIFICATION OF REQUIREMENTS ON COMP10 TROLLER GENERAL REPORT ON THE READI11 NESS OF ARMY AND MARINE CORPS GROUND

12 FORCES.

13 (a) SUBMITTAL DATE.—Subsection (a)(1) of section

14 345 of the John Warner National Defense Authorization Act

15 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2156)

16 is amended by striking ‘‘June 1, 2007’’ and inserting

17 ‘‘March 1, 2008’’.

18 (b) ELEMENTS.—Subsection (b) of such section is

19 amended—

20 (1) by striking paragraph (2);

21 (2) by redesignating paragraphs (3) through (7)

22 as paragraphs (4) through (8), respectively; and

23 (3) by inserting after paragraph (1) the fol24 lowing new paragraphs:

25 ‘‘(2) An assessment of the ability of the Army

26 and Marine Corps to provide trained and ready
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1 forces to meet the requirements of increased force lev2 els in support of Operations Iraqi Freedom and En3 during Freedom and to meet the requirements of other

4 ongoing operations simultaneously with such in5 creased force levels.

6 ‘‘(3) An assessment of the strategic depth of the

7 Army and Marine Corps and their ability to provide

8 trained and ready forces to meet the requirements of

9 the high-priority contingency war plans of the re10 gional combatant commands, including an identifica11 tion and evaluation for each such plan of—

12 ‘‘(A) the strategic and operational risks as13 sociated with current and projected forces of cur14 rent and projected readiness;

15 ‘‘(B) the time required to make forces avail16 able and prepare them for deployment; and

17 ‘‘(C) likely strategic tradeoffs necessary to

18 meet the requirements of each such plan.’’.

19 (c) DEPARTMENT OF DEFENSE COOPERATION.—Such

20 section is further amended—

21 (1) by redesignating subsection (c) as subsection

22 (d); and

23 (2) by inserting after subsection (b) the following

24 new subsection (c):
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1 ‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.—The

2 Secretary of Defense shall ensure the full cooperation of the

3 Department of Defense with the Comptroller General for

4 purposes of the preparation of the report required by this

5 section.’’.

6 SEC. 358. AUTHORITY FOR DEPARTMENT OF DEFENSE TO

7 PROVIDE SUPPORT FOR CERTAIN SPORTING

8 EVENTS.

9 (a) PROVISION OF SUPPORT.—Section 2564 of title 10,

10 United States Code, is amended—

11 (1) in subsection (c), by adding at the end the

12 following new paragraphs:

13 ‘‘(4) A sporting event sanctioned by the United

14 States Olympic Committee through the Paralympic

15 Military Program.

16 ‘‘(5) Any national or international paralympic

17 sporting event (other than a sporting event described

18 in paragraphs (1) through (4))—

19 ‘‘(A) that—

20 ‘‘(i) is held in the United States or

21 any of its territories or commonwealths;

22 ‘‘(ii) is governed by the International

23 Paralympic Committee; and

24 ‘‘(iii) is sanctioned by the United

25 States Olympic Committee;
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1 ‘‘(B) for which participation exceeds 100

2 amateur athletes; and

3 ‘‘(C) in which at least 10 percent of the ath4 letes participating in the sporting event are

5 members or former members of the armed forces

6 who are participating in the sporting event

7 based upon an injury or wound incurred in the

8 line of duty in the armed force and veterans who

9 are participating in the sporting event based

10 upon a service-connected disability.’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(g) FUNDING FOR SUPPORT OF CERTAIN EVENTS.—

14 (1) Amounts for the provision of support for a sporting

15 event described in paragraph (4) or (5) of subsection (c)

16 may be derived from the Support for International Sport17 ing Competitions, Defense account established by section

18 5802 of the Omnibus Consolidated Appropriations Act,

19 1997 (10 U.S.C. 2564 note), notwithstanding any limita20 tion under that section relating to the availability of funds

21 in such account for the provision of support for inter22 national sporting competitions.

23 ‘‘(2) The total amount expended for any fiscal year

24 to provide support for sporting events described in sub25 section (c)(5) may not exceed $1,000,000.’’.
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1 (b) SOURCE OF FUNDS.—Section 5802 of the Omnibus

2 Consolidated Appropriations Act, 1997 (10 U.S.C. 2564

3 note) is amended—

4 (1) by inserting after ‘‘international sporting

5 competitions’’ the following: ‘‘and for support of

6 sporting competitions authorized under section

7 2564(c)(4) and (5), of title 10, United States Code,’’;

8 and

9 (2) by striking ‘‘45 days’’ and inserting ‘‘15

10 days’’.

11 SEC. 359. DEPARTMENT OF DEFENSE INSPECTOR GENERAL

12 REPORT ON PHYSICAL SECURITY OF DEPART13 MENT OF DEFENSE INSTALLATIONS.

14 (a) REPORT.—Not later than one year after the date

15 of the enactment of this Act, the Inspector General of the

16 Department of Defense shall submit to Congress a report

17 on the physical security of Department of Defense installa18 tions and resources.

19 (b) ELEMENTS.—The report required by subsection (a)

20 shall include the following:

21 (1) An analysis of the progress in implementing

22 requirements under the Physical Security Program as

23 set forth in the Department of Defense Instruction

24 5200.08–R, Chapter 2 (C.2) and Chapter 3, Section

25 3: Installation Access (C3.3), which mandates the
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1 policies and minimum standards for the physical se2 curity of Department of Defense installations and re3 sources.

4 (2) Recommendations based on the findings of

5 the Comptroller General of the United States in the

6 report required by section 344 of the John Warner

7 National Defense Authorization Act for Fiscal Year

8 2007 (Public Law 109–366; 120 Stat. 2155).

9 (3) Recommendations based on the lessons

10 learned from the thwarted plot to attack Fort Dix,

11 New Jersey, in 2007.

12 SEC. 360. CONTINUITY OF DEPOT OPERATIONS TO RESET

13 COMBAT EQUIPMENT AND VEHICLES IN SUP14 PORT OF WARS IN IRAQ AND AFGHANISTAN.

15 (a) FINDINGS.—Congress makes the following findings:

16 (1) The United States Armed Forces, particu17 larly the Army and the Marine Corps, are currently

18 engaged in a tremendous effort to reset equipment

19 that was damaged and worn in combat operations in

20 Iraq and Afghanistan.

21 (2) The implementing guidance from the Under

22 Secretary of Defense for Acquisition, Technology, and

23 Logistics related to the decisions of the 2005 Defense

24 Base Closure and Realignment Commission (BRAC)

25 to transfer depot functions appears not to differen-
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1 tiate between external supply functions and in-process

2 storage functions related to the performance of depot

3 maintenance.

4 (3) Given the fact that up to 80 percent of the

5 parts involved in the vehicle reset process are re6 claimed and refurbished, the transfer of this inher7 ently internal depot maintenance function to the De8 fense Logistics Agency could severely disrupt produc9 tion throughput, generate increased costs, and nega10 tively impact Army and Marine Corps equipment

11 reset efforts.

12 (4) The goal of the Department of Defense, the

13 Defense Logistics Agency, and the 2005 Defense Base

14 Closure and Realignment Commission is the re15 engineering of businesses processes in order to achieve

16 higher efficiency and cost savings.

17 (b) REPORT.—

18 (1) IN GENERAL.—Not later than June 1, 2008,

19 the Secretary of Defense shall submit to the congres20 sional defense committees a report on the challenges

21 of implementing the transfer of depot functions and

22 the impacts on production, including parts reclama23 tion and refurbishment.

24 (2) CONTENT.—The report required under para25 graph (1) shall describe—
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1 (A) the sufficiency of the business plan to

2 transfer depot functions to accommodate a time3 ly and efficient transfer without the disruption

4 of depot production;

5 (B) a description of the completeness of the

6 business plan in addressing part reclamation

7 and refurbishment;

8 (C) the estimated cost of the implementation

9 and what savings are likely be achieved;

10 (D) the impact of the transfer on the De11 fense Logistics Agency and depot hourly rates

12 due to the loss of budgetary control of the depot

13 commander over overtime pay for in-process

14 parts supply personnel, and any other relevant

15 rate-related factors;

16 (E) the number of personnel positions af17 fected;

18 (F) the sufficiency of the business plan to

19 ensure the responsiveness and availability of De20 fense Logistics supply personnel to meet depot

21 throughput needs, including potential impact on

22 depot turnaround time; and

23 (G) the impact of Defense Logistics per24 sonnel being outside the chain of command of the
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1 depot commander in terms of overtime sched2 uling and meeting surge requirements.

3 (3) GOVERNMENT ACCOUNTABILITY OFFICE AS4 SESSMENT.—Not later than September 30, 2008, the

5 Comptroller General of the United States shall review

6 the report submitted under paragraph (1) and submit

7 to the congressional defense committees an inde8 pendent assessment of the matters addressed in such

9 report, as requested by the Chairman of the Com10 mittee on Armed Services of the House of Representa11 tives.

12 SEC. 361. REPORT ON SEARCH AND RESCUE CAPABILITIES

13 OF AIR FORCE IN NORTHWESTERN UNITED

14 STATES.

15 (a) REPORT.—Not later than April 1, 2008, the Sec16 retary of the Air Force shall submit to the appropriate con17 gressional committees a report on the search and rescue ca18 pabilities of the Air Force in the northwestern United

19 States.

20 (b) CONTENT.—The report required under subsection

21 (a) shall include the following:

22 (1) An assessment of the search and rescue capa23 bilities required to support Air Force operations and

24 training.
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1 (2) A description of the compliance of the Air

2 Force with the 1999 United States National Search

3 and Rescue Plan (NSRP) for Washington, Oregon,

4 Idaho, and Montana.

5 (3) An inventory and description of search and

6 rescue assets of the Air Force that are available to

7 meet such requirements.

8 (4) A description of the utilization during the

9 previous three years of such search and rescue assets.

10 (5) The plans of the Air Force to meet current

11 and future search and rescue requirements in the

12 northwestern United States, including with respect to

13 risk assessment services for Air Force missions and

14 compliance with the NSRP.

15 (c) USE OF REPORT FOR PURPOSES OF CERTIFI16 CATION REGARDING SEARCH AND RESCUE CAPABILI17 TIES.—Section 1085 of the Ronald W. Reagan National De18 fense Authorization Act for Fiscal Year 2005 (Public Law

19 108–375; 10 U.S.C. 113 note) is amended by striking ‘‘un20 less the Secretary first certifies’’ and inserting ‘‘unless the

21 Secretary, after reviewing the search and rescue capabilities

22 report prepared by the Secretary of the Air Force under

23 section 358 of the National Defense Authorization Act for

24 Fiscal Year 2008, first certifies’’.
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1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means—

4 (1) the Committee on Armed Services, the Com5 mittee on Homeland Security and Governmental Af6 fairs, the Committee on Commerce, Science, and

7 Transportation, the Committee on Energy and Nat8 ural Resources, and the Committee on Appropriations

9 of the Senate; and

10 (2) the Committee on Armed Services, the Com11 mittee on Homeland Security, the Committee on En12 ergy and Commerce, the Committee on Natural Re13 sources, and the Committee on Appropriations of the

14 House of Representatives.

15 SEC. 362. REPORT ON HIGH-ALTITUDE AVIATION TRAINING

16 SITE, COLORADO.

17 (a) IN GENERAL.—Not later than 60 days after the

18 date of the enactment of this Act, the Secretary of the Army

19 shall submit to the congressional defense committees a re20 port on the High-Altitude Aviation Training Site at Gyp21 sum, Colorado.

22 (b) CONTENT.—The report required under subsection

23 (a) shall include—

24 (1) a summary of costs for each of the previous

25 5 years associated with transporting aircraft to and
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1 from the High-Altitude Aviation Training Site for

2 training purposes; and

3 (2) an analysis of potential cost savings and

4 operational benefits, if any, of permanently sta5 tioning no less than 4 UH–60, 2 CH–47, and 2

6 LUH–72 aircraft at the High-Altitude Aviation

7 Training Site.

8 SEC. 363. SENSE OF CONGRESS ON FUTURE USE OF SYN9 THETIC FUELS IN MILITARY SYSTEMS.

10 It is the sense of Congress to encourage the Department

11 of Defense to continue and accelerate, as appropriate, the

12 testing and certification of synthetic fuels for use in all

13 military air, ground, and sea systems.

14 SEC. 364. REPORTS ON SAFETY MEASURES AND ENCROACH15 MENT ISSUES AT WARREN GROVE GUNNERY

16 RANGE, NEW JERSEY.

17 (a) FINDINGS.—Congress makes the following findings:

18 (1) The United States Air Force has 32 training

19 sites in the United States for aerial bombing and

20 gunner training, of which Warren Grove Gunnery

21 Range functions in the densely populated Northeast.

22 (2) A number of dangerous safety incidents

23 caused by the Air National Guard have repeatedly

24 impacted the residents of New Jersey, including the

25 following:
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1 (A) On May 15, 2007, a fire ignited during

2 an Air National Guard practice mission at War3 ren Grove Gunnery Range, scorching 17,250

4 acres of New Jersey’s Pinelands, destroying 5

5 houses, significantly damaging 13 others, and

6 temporarily displacing approximately 6,000 peo7 ple from their homes in sections of Ocean and

8 Burlington Counties.

9 (B) In November 2004, an F–16 Vulcan

10 cannon piloted by the District of Columbia Air

11 National Guard was more than 3 miles off target

12 when it blasted 1.5-inch steel training rounds

13 into the roof of the Little Egg Harbor Township

14 Intermediate School.

15 (C) In 2002, a pilot ejected from an F–16

16 aircraft just before it crashed into the woods near

17 the Garden State Parkway, sending large pieces

18 of debris onto the busy highway.

19 (D) In 1999, a dummy bomb was dumped

20 a mile off target from the Warren Grove target

21 range in the Pine Barrens, igniting a fire that

22 burned 12,000 acres of the Pinelands forest.

23 (E) In 1997, the pilots of F–16 aircraft up24 lifting from the Warren Grove Gunnery Range

25 escaped injury by ejecting from their aircraft
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1 just before the planes collided over the ocean near

2 the north end of Brigantine. Pilot error was

3 found to be the cause of the collision.

4 (F) In 1986, a New Jersey Air National

5 Guard jet fighter crashed in a remote section of

6 the Pine Barrens in Burlington County, starting

7 a fire that scorched at least 90 acres of wood8 land.

9 (b) ANNUAL REPORT ON SAFETY MEASURES.—Not

10 later than 90 days after the date of the enactment of this

11 Act, and annually thereafter for two years, the Secretary

12 of the Air Force shall submit to the congressional defense

13 committees a report on efforts made to provide the highest

14 level of safety by all of the military departments utilizing

15 the Warren Grove Gunnery Range.

16 (c) STUDY ON ENCROACHMENT AT WARREN GROVE

17 GUNNERY RANGE.—

18 (1) IN GENERAL.—Not later than 180 days after

19 the date of the enactment of this Act, the Secretary of

20 the Air Force shall submit to the congressional defense

21 committees a study on encroachment issues at Warren

22 Grove Gunnery Range.

23 (2) CONTENT.—The study required under para24 graph (1) shall include a master plan for the Warren

25 Grove Gunnery Range and the surrounding commu-
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1 nity, taking into consideration military mission, land

2 use plans, urban encroachment, the economy of the re3 gion, and protection of the environment and public

4 health, safety, and welfare.

5 (3) REQUIRED INPUT.—The study required

6 under paragraph (1) shall include input from all af7 fected parties and relevant stakeholders at the Fed8 eral, State, and local level.

9 SEC. 365. MODIFICATION TO PUBLIC-PRIVATE COMPETI10 TION REQUIREMENTS BEFORE CONVERSION

11 TO CONTRACTOR PERFORMANCE.

12 (a) COMPARISON OF RETIREMENT SYSTEM COSTS.—

13 Section 2461(a)(1) of title 10, United States Code, is

14 amended—

15 (1) in subparagraph (F), by striking ‘‘and’’ at

16 the end;

17 (2) by redesignating subparagraph (G) as sub18 paragraph (H); and

19 (3) by inserting after subparagraph (F) the fol20 lowing new subparagraph (G):

21 ‘‘(G) requires that the contractor shall not receive

22 an advantage for a proposal that would reduce costs

23 for the Department of Defense by—

24 ‘‘(i) not making an employer-sponsored

25 health insurance plan (or payment that could be
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1 used in lieu of such a plan), health savings ac2 count, or medical savings account, available to

3 the workers who are to be employed to perform

4 the function under the contract;

5 ‘‘(ii) offering to such workers an employer6 sponsored health benefits plan that requires the

7 employer to contribute less towards the premium

8 or subscription share than the amount that is

9 paid by the Department of Defense for health

10 benefits for civilian employees of the Department

11 under chapter 89 of title 5; or

12 ‘‘(iii) offering to such workers a retirement

13 benefit that, in any year, costs less than the an14 nual retirement cost factor applicable to civilian

15 employees of the Department of Defense under

16 chapter 84 of title 5; and’’.

17 (b) CONFORMING AMENDMENTS.—Such title is further

18 amended—

19 (1) by striking section 2467; and

20 (2) in section 2461—

21 (A) by redesignating subsections (b) through

22 (d) as subsections (c) through (e); and

23 (B) by inserting after subsection (a) the fol24 lowing new subsection (b):
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1 ‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.—

2 (1) Each officer or employee of the Department of Defense

3 responsible for determining under Office of Management

4 and Budget Circular A–76 whether to convert to contractor

5 performance any function of the Department of Defense—

6 ‘‘(A) shall, at least monthly during the develop7 ment and preparation of the performance work state8 ment and the management efficiency study used in

9 making that determination, consult with civilian em10 ployees who will be affected by that determination

11 and consider the views of such employees on the devel12 opment and preparation of that statement and that

13 study; and

14 ‘‘(B) may consult with such employees on other

15 matters relating to that determination.

16 ‘‘(2)(A) In the case of employees represented by a labor

17 organization accorded exclusive recognition under section

18 7111 of title 5, consultation with representatives of that

19 labor organization shall satisfy the consultation require20 ment in paragraph (1).

21 ‘‘(B) In the case of employees other than employees re22 ferred to in subparagraph (A), consultation with appro23 priate representatives of those employees shall satisfy the

24 consultation requirement in paragraph (1).
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1 ‘‘(C) The Secretary of Defense shall prescribe regula2 tions to carry out this subsection. The regulations shall in3 clude provisions for the selection or designation of appro4 priate representatives of employees referred to in subpara5 graph (B) for purposes of consultation required by para6 graph (1).’’.

7 (c) TECHNICAL AMENDMENTS.—Section 2461 of such

8 title, as amended by subsection (a), is further amended—

9 (1) in subsection (a)(1)—

10 (A) in subparagraph (B), by inserting after

11 ‘‘2003’’ the following: ‘‘, or any successor cir12 cular’’; and

13 (B) in subparagraph (D), by striking ‘‘and

14 reliability’’ and inserting ‘‘, reliability, and

15 timeliness’’; and

16 (2) in subsection (c)(2), as redesignated under

17 subsection (b)(2), by inserting ‘‘of’’ after ‘‘examina18 tion’’.

19 SEC. 366. BID PROTESTS BY FEDERAL EMPLOYEES IN AC20 TIONS UNDER OFFICE OF MANAGEMENT

21 BUDGET CIRCULAR A–76.

22 (a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM23 PETITIONS.—Section 3551(2) of title 31, United States

24 Code, is amended to read as follows:

25 ‘‘(2) The term ‘interested party’—
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1 ‘‘(A) with respect to a contract or a solicita2 tion or other request for offers described in para3 graph (1), means an actual or prospective bidder

4 or offeror whose direct economic interest would

5 be affected by the award of the contract or by

6 failure to award the contract; and

7 ‘‘(B) with respect to a public-private com8 petition conducted under Office of Management

9 and Budget Circular A–76 with respect to the

10 performance of an activity or function of a Fed11 eral agency, or a decision to convert a function

12 performed by Federal employees to private sector

13 performance without a competition under Office

14 of Management and Budget Circular A–76,

15 includes—

16 ‘‘(i) any official who submitted the

17 agency tender in such competition; and

18 ‘‘(ii) any one individual who, for the

19 purpose of representing the Federal employ20 ees engaged in the performance of the activ21 ity or function for which the public-private

22 competition is conducted in a protest under

23 this subchapter that relates to such public24 private competition, has been designated as
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1 the agent of the Federal employees by a ma2 jority of such employees.’’.

3 (b) EXPEDITED ACTION.—

4 (1) IN GENERAL.—Subchapter V of chapter 35 of

5 such title is amended by adding at the end the fol6 lowing new section:

7 ‘‘SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC8 PRIVATE COMPETITIONS.

9 ‘‘For any protest of a public-private competition con10 ducted under Office of Management and Budget Circular

11 A–76 with respect to the performance of an activity or func12 tion of a Federal agency, the Comptroller General shall ad13 minister the provisions of this subchapter in the manner

14 best suited for expediting the final resolution of the protest

15 and the final action in the public-private competition.’’.

16 (2) CLERICAL AMENDMENT.—The chapter anal17 ysis at the beginning of such chapter is amended by

18 inserting after the item relating to section 3556 the

19 following new item:

‘‘3557. Expedited action in protests of public-private competitions.’’.

20 (c) RIGHT TO INTERVENE IN CIVIL ACTION.—Section

21 1491(b) of title 28, United States Code, is amended by add22 ing at the end the following new paragraph:

23 ‘‘(5) If an interested party who is a member of

24 the private sector commences an action described in

25 paragraph (1) with respect to a public-private com-
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1 petition conducted under Office of Management and

2 Budget Circular A–76 regarding the performance of

3 an activity or function of a Federal agency, or a deci4 sion to convert a function performed by Federal em5 ployees to private sector performance without a com6 petition under Office of Management and Budget Cir7 cular A–76, then an interested party described in sec8 tion 3551(2)(B) of title 31 shall be entitled to inter9 vene in that action.’’.

10 (d) APPLICABILITY.—Subparagraph (B) of section

11 3551(2) of title 31, United States Code (as added by sub12 section (a)), and paragraph (5) of section 1491(b) of title

13 28, United States Code (as added by subsection (c)), shall

14 apply to—

15 (1) a protest or civil action that challenges final

16 selection of the source of performance of an activity

17 or function of a Federal agency that is made pursu18 ant to a study initiated under Office of Management

19 and Budget Circular A–76 on or after January 1,

20 2004; and

21 (2) any other protest or civil action that relates

22 to a public-private competition initiated under Office

23 of Management and Budget Circular A–76, or to a

24 decision to convert a function performed by Federal

25 employees to private sector performance without a
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1 competition under Office of Management and Budget

2 Circular A–76, on or after the date of the enactment

3 of this Act.

4 SEC. 367. PUBLIC-PRIVATE COMPETITION REQUIRED BE5 FORE CONVERSION TO CONTRACTOR PER6 FORMANCE.

7 (a) IN GENERAL.—The Office of Federal Procurement

8 Policy Act (41 U.S.C. 403 et seq.) is amended by adding

9 at the end the following new section:

10 ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE11 FORE CONVERSION TO CONTRACTOR PER12 FORMANCE.

13 ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function

14 of an executive agency performed by 10 or more agency ci15 vilian employees may not be converted, in whole or in part,

16 to performance by a contractor unless the conversion is

17 based on the results of a public-private competition that—

18 ‘‘(A) formally compares the cost of performance

19 of the function by agency civilian employees with the

20 cost of performance by a contractor;

21 ‘‘(B) creates an agency tender, including a most

22 efficient organization plan, in accordance with Office

23 of Management and Budget Circular A–76, as imple24 mented on May 29, 2003, or any successor circular;

25 ‘‘(C) includes the issuance of a solicitation;
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1 ‘‘(D) determines whether the submitted offers

2 meet the needs of the executive agency with respect to

3 factors other than cost, including quality, reliability,

4 and timeliness;

5 ‘‘(E) examines the cost of performance of the

6 function by agency civilian employees and the cost of

7 performance of the function by one or more contrac8 tors to demonstrate whether converting to performance

9 by a contractor will result in savings to the Govern10 ment over the life of the contract, including—

11 ‘‘(i) the estimated cost to the Government

12 (based on offers received) for performance of the

13 function by a contractor;

14 ‘‘(ii) the estimated cost to the Government

15 for performance of the function by agency civil16 ian employees; and

17 ‘‘(iii) an estimate of all other costs and ex18 penditures that the Government would incur be19 cause of the award of such a contract;

20 ‘‘(F) requires continued performance of the func21 tion by agency civilian employees unless the difference

22 in the cost of performance of the function by a con23 tractor compared to the cost of performance of the

24 function by agency civilian employees would, over all
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1 performance periods required by the solicitation, be

2 equal to or exceed the lesser of—

3 ‘‘(i) 10 percent of the personnel-related costs

4 for performance of that function in the agency

5 tender; or

6 ‘‘(ii) $10,000,000; and

7 ‘‘(G) examines the effect of performance of the

8 function by a contractor on the agency mission asso9 ciated with the performance of the function.

10 ‘‘(2) A function that is performed by the executive

11 agency and is reengineered, reorganized, modernized, up12 graded, expanded, or changed to become more efficient, but

13 still essentially provides the same service, shall not be con14 sidered a new requirement.

15 ‘‘(3) In no case may a function being performed by

16 executive agency personnel be—

17 ‘‘(A) modified, reorganized, divided, or in any

18 way changed for the purpose of exempting the conver19 sion of the function from the requirements of this sec20 tion; or

21 ‘‘(B) converted to performance by a contractor to

22 circumvent a civilian personnel ceiling.

23 ‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1)

24 Each civilian employee of an executive agency responsible

25 for determining under Office of Management and Budget
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1 Circular A–76 whether to convert to contractor performance

2 any function of the executive agency—

3 ‘‘(A) shall, at least monthly during the develop4 ment and preparation of the performance work state5 ment and the management efficiency study used in

6 making that determination, consult with civilian em7 ployees who will be affected by that determination

8 and consider the views of such employees on the devel9 opment and preparation of that statement and that

10 study; and

11 ‘‘(B) may consult with such employees on other

12 matters relating to that determination.

13 ‘‘(2)(A) In the case of employees represented by a labor

14 organization accorded exclusive recognition under section

15 7111 of title 5, consultation with representatives of that

16 labor organization shall satisfy the consultation require17 ment in paragraph (1).

18 ‘‘(B) In the case of employees other than employees re19 ferred to in subparagraph (A), consultation with appro20 priate representatives of those employees shall satisfy the

21 consultation requirement in paragraph (1).

22 ‘‘(C) The head of each executive agency shall prescribe

23 regulations to carry out this subsection. The regulations

24 shall include provisions for the selection or designation of

25 appropriate representatives of employees referred to in
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1 paragraph (2)(B) for purposes of consultation required by

2 paragraph (1).

3 ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before com4 mencing a public-private competition under subsection (a),

5 the head of an executive agency shall submit to Congress

6 a report containing the following:

7 ‘‘(A) The function for which such public-private

8 competition is to be conducted.

9 ‘‘(B) The location at which the function is per10 formed by agency civilian employees.

11 ‘‘(C) The number of agency civilian employee po12 sitions potentially affected.

13 ‘‘(D) The anticipated length and cost of the pub14 lic-private competition, and a specific identification

15 of the budgetary line item from which funds will be

16 used to cover the cost of the public-private competi17 tion.

18 ‘‘(E) A certification that a proposed performance

19 of the function by a contractor is not a result of a

20 decision by an official of an executive agency to im21 pose predetermined constraints or limitations on such

22 employees in terms of man years, end strengths, full23 time equivalent positions, or maximum number of

24 employees.
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1 ‘‘(2) The report required under paragraph (1) shall in2 clude an examination of the potential economic effect of per3 formance of the function by a contractor on—

4 ‘‘(A) agency civilian employees who would be af5 fected by such a conversion in performance; and

6 ‘‘(B) the local community and the Government,

7 if more than 50 agency civilian employees perform

8 the function.

9 ‘‘(3)(A) A representative individual or entity at a fa10 cility where a public-private competition is conducted may

11 submit to the head of the executive agency an objection to

12 the public private competition on the grounds that the re13 port required by paragraph (1) has not been submitted or

14 that the certification required by paragraph (1)(E) is not

15 included in the report submitted as a condition for the pub16 lic private competition. The objection shall be in writing

17 and shall be submitted within 90 days after the following

18 date:

19 ‘‘(i) In the case of a failure to submit the report

20 when required, the date on which the representative

21 individual or an official of the representative entity

22 authorized to pose the objection first knew or should

23 have known of that failure.
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1 ‘‘(ii) In the case of a failure to include the cer2 tification in a submitted report, the date on which the

3 report was submitted to Congress.

4 ‘‘(B) If the head of the executive agency deter5 mines that the report required by paragraph (1) was

6 not submitted or that the required certification was

7 not included in the submitted report, the function for

8 which the public-private competition was conducted

9 for which the objection was submitted may not be the

10 subject of a solicitation of offers for, or award of, a

11 contract until, respectively, the report is submitted or

12 a report containing the certification in full compli13 ance with the certification requirement is submitted.

14 ‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS

15 AND SERVICES OF THE BLIND AND OTHER SEVERELY

16 HANDICAPPED PERSONS.—This section shall not apply to

17 a commercial or industrial type function of an executive

18 agency that—

19 ‘‘(1) is included on the procurement list estab20 lished pursuant to section 2 of the Javits-Wagner21 O’Day Act (41 U.S.C. 47); or

22 ‘‘(2) is planned to be changed to performance by

23 a qualified nonprofit agency for the blind or by a

24 qualified nonprofit agency for other severely handi25 capped persons in accordance with that Act.
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1 ‘‘(e) INAPPLICABILITY DURING WAR OR EMER2 GENCY.—The provisions of this section shall not apply dur3 ing war or during a period of national emergency declared

4 by the President or Congress.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections in

6 section 1(b) of such Act is amended by adding at the end

7 the following new item:

‘‘Sec. 43. Public-private competition required before conversion to contractor performance.’’.

8 SEC. 368. PERFORMANCE OF CERTAIN WORK BY FEDERAL

9 GOVERNMENT EMPLOYEES.

10 (a) GUIDELINES.—

11 (1) IN GENERAL.—The Under Secretary of De12 fense for Personnel and Readiness shall prescribe

13 guidelines and procedures for ensuring that consider14 ation is given to using Federal Government employees

15 on a regular basis for new work and work that is per16 formed under Department of Defense contracts and

17 could be performed by Federal Government employees.

18 (2) CRITERIA.—The guidelines and procedures

19 prescribed under paragraph (1) shall provide for spe20 cial consideration to be given to contracts that—

21 (A) have been performed by Federal Govern22 ment employees at any time on or after October

23 1, 1980;
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1 (B) are associated with the performance of

2 inherently governmental functions;

3 (C) have been performed by a contractor

4 pursuant to a contract that was awarded on a

5 noncompetitive basis, either a contract for a

6 function once performed by Federal employees

7 that was awarded without the conduct of a pub8 lic-private competition or a contract that was

9 last awarded without the conduct of an actual

10 competition between contractors; or

11 (D) have been performed poorly by a con12 tractor because of excessive costs or inferior qual13 ity, as determined by a contracting officer with14 in the last five years .

15 (3) DEADLINE FOR ISSUANCE OF GUIDELINES.—

16 The Secretary of Defense shall implement the guide17 lines required under paragraph (1) by not later than

18 60 days after the date of the enactment of this Act.

19 (4) ESTABLISHMENT OF CONTRACTOR INVEN20 TORY.—The Secretary of Defense shall establish an

21 inventory of Department of Defense contracts to deter22 mine which contracts meet the criteria set forth in

23 paragraph (2).

24 (b) NEW REQUIREMENTS.—
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1 (1) LIMITATION ON REQUIRING PUBLIC-PRIVATE

2 COMPETITION.—No public-private competition may be

3 required for any Department of Defense function

4 before—

5 (A) the commencement of the performance

6 by civilian employees of the Department of De7 fense of a new Department of Defense function;

8 (B) the commencement of the performance

9 by civilian employees of the Department of De10 fense of any Department of Defense function de11 scribed in subparagraphs (B) through (D) of sub12 section (a)(2); or

13 (C) the expansion of the scope of any De14 partment of Defense function performed by civil15 ian employees of the Department of Defense.

16 (2) CONSIDERATION OF FEDERAL GOVERNMENT

17 EMPLOYEES.—The Secretary of Defense shall, to the

18 maximum extent practicable, ensure that Federal

19 Government employees are fairly considered for the

20 performance of new requirements, with special consid21 eration given to new requirements that include func22 tions that—

23 (A) are similar to functions that have been

24 performed by Federal Government employees at

25 any time on or after October 1, 1980; or
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1 (B) are associated with the performance of

2 inherently governmental functions.

3 (c) USE OF FLEXIBLE HIRING AUTHORITY.—The Sec4 retary may use the flexible hiring authority available to

5 the Secretary under the National Security Personnel Sys6 tem, as established pursuant to section 9902 of title 5,

7 United States Code, to facilitate the performance by civilian

8 employees of the Department of Defense of functions de9 scribed in subsection (b).

10 (d) INSPECTOR GENERAL REPORT.—Not later than

11 180 days after the enactment of this Act, the Inspector Gen12 eral of the Department of Defense shall submit to the Com13 mittees on Armed Services of the Senate and the House of

14 Representatives a report on the compliance of the Secretary

15 of Defense with the requirements of this section.

16 (e) DEFINITIONS.—In this section:

17 (1) The term ‘‘National Security Personnel Sys18 tem’’ means the human resources management system

19 established under the authority of section 9902 of title

20 5, United States Code.

21 (2) The term ‘‘inherently governmental function’’

22 has the meaning given that term in section 5 of the

23 Federal Activities Inventory Reform Act of 1998

24 (Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501

25 note).
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1 (f) CONFORMING REPEAL.—The National Defense Au2 thorization Act for Fiscal Year 2006 (Public Law 109–163)

3 is amended by striking section 343.

4 SEC. 369. RESTRICTION ON OFFICE OF MANAGEMENT AND

5 BUDGET INFLUENCE OVER DEPARTMENT OF

6 DEFENSE PUBLIC-PRIVATE COMPETITIONS.

7 (a) RESTRICTION ON OFFICE OF MANAGEMENT AND

8 BUDGET.—The Office of Management and Budget may not

9 direct or require the Secretary of Defense or the Secretary

10 of a military department to prepare for, undertake, con11 tinue, or complete a public-private competition or direct

12 conversion of a Department of Defense function to perform13 ance by a contractor under Office of Management and

14 Budget Circular A–76, or any other successor regulation,

15 directive, or policy.

16 (b) RESTRICTION ON SECRETARY OF DEFENSE.—The

17 Secretary of Defense or the Secretary of a military depart18 ment may not prepare for, undertake, continue, or complete

19 a public-private competition or direct conversion of a De20 partment of Defense function to performance by a con21 tractor under Office of Management and Budget Circular

22 A–76, or any other successor regulation, directive, or policy

23 by reason of any direction or requirement provided by the

24 Office of Management and Budget.
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1 SEC. 370. PUBLIC-PRIVATE COMPETITION AT END OF PE2 RIOD SPECIFIED IN PERFORMANCE AGREE3 MENT NOT REQUIRED.

4 Section 2461(a) of title 10, United States Code, is

5 amended by adding at the end the following new paragraph:

6 ‘‘(4) A military department or defense agency

7 may not be required to conduct a public-private com8 petition under Office of Management and Budget Cir9 cular A–76 or any other provision of law at the end

10 of the period specified in the performance agreement

11 entered into in accordance with this section for any

12 function of the Department of Defense performed by

13 Department of Defense civilian employees.’’.

14 TITLE IV—MILITARY PERSONNEL

15 AUTHORIZATIONS

16 Subtitle A—Active Forces

17 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

18 The Armed Forces are authorized strengths for active

19 duty personnel as of September 30, 2008, as follows:

20 (1) The Army, 525,400.

21 (2) The Navy, 328,400.

22 (3) The Marine Corps, 189,000.

23 (4) The Air Force, 328,600.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 2008, as follows:

6 (1) The Army National Guard of the United

7 States, 351,300.

8 (2) The Army Reserve, 205,000.

9 (3) The Navy Reserve, 67,800.

10 (4) The Marine Corps Reserve, 39,600.

11 (5) The Air National Guard of the United

12 States, 106,700.

13 (6) The Air Force Reserve, 67,500.

14 (7) The Coast Guard Reserve, 10,000.

15 (b) ADJUSTMENTS.—The end strengths prescribed by

16 subsection (a) for the Selected Reserve of any reserve compo17 nent shall be proportionately reduced by—

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of such

20 component which are on active duty (other than for

21 training) at the end of the fiscal year; and

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end

2 of the fiscal year.

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end

5 strength prescribed for such fiscal year for the Selected Re6 serve of such reserve component shall be increased propor7 tionately by the total authorized strengths of such units and

8 by the total number of such individual members.

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section 411(a),

12 the reserve components of the Armed Forces are authorized,

13 as of September 30, 2008, the following number of Reserves

14 to be serving on full-time active duty or full-time duty, in

15 the case of members of the National Guard, for the purpose

16 of organizing, administering, recruiting, instructing, or

17 training the reserve components:

18 (1) The Army National Guard of the United

19 States, 29,204.

20 (2) The Army Reserve, 15,870.

21 (3) The Navy Reserve, 11,579.

22 (4) The Marine Corps Reserve, 2,261.

23 (5) The Air National Guard of the United

24 States, 13,936.

25 (6) The Air Force Reserve, 2,721.
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

2 (DUAL STATUS).

3 The minimum number of military technicians (dual

4 status) as of the last day of fiscal year 2008 for the reserve

5 components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall

7 be the following:

8 (1) For the Army Reserve, 8,249.

9 (2) For the Army National Guard of the United

10 States, 26,502.

11 (3) For the Air Force Reserve, 9,909.

12 (4) For the Air National Guard of the United

13 States, 22,553.

14 SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF

15 NON-DUAL STATUS TECHNICIANS.

16 (a) LIMITATIONS.—

17 (1) NATIONAL GUARD.—Within the limitation

18 provided in section 10217(c)(2) of title 10, United

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2008, may not exceed the following:

22 (A) For the Army National Guard of the

23 United States, 1,600.

24 (B) For the Air National Guard of the

25 United States, 350.
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1 (2) ARMY RESERVE.—The number of non-dual

2 status technicians employed by the Army Reserve as

3 of September 30, 2008, may not exceed 595.

4 (3) AIR FORCE RESERVE.—The number of non5 dual status technicians employed by the Air Force

6 Reserve as of September 30, 2008, may not exceed 90.

7 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

8 this section, the term ‘‘non-dual status technician’’ has the

9 meaning given that term in section 10217(a) of title 10,

10 United States Code.

11 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU12 THORIZED TO BE ON ACTIVE DUTY FOR

13 OPERATIONAL SUPPORT.

14 During fiscal year 2008, the maximum number of

15 members of the reserve components of the Armed Forces who

16 may be serving at any time on full-time operational sup17 port duty under section 115(b) of title 10, United States

18 Code, is the following:

19 (1) The Army National Guard of the United

20 States, 17,000.

21 (2) The Army Reserve, 13,000.

22 (3) The Navy Reserve, 6,200.

23 (4) The Marine Corps Reserve, 3,000.

24 (5) The Air National Guard of the United

25 States, 16,000.
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1 (6) The Air Force Reserve, 14,000.

2 SEC. 416. REVISION OF AUTHORIZED VARIANCES IN END

3 STRENGTHS FOR SELECTED RESERVE PER4 SONNEL.

5 (a) INCREASE.—Section 115(f)(3) of title 10, United

6 States Code, is amended by striking ‘‘2 percent’’ and insert7 ing ‘‘3 percent’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on October 1, 2007, and shall

10 apply with respect to fiscal years beginning on or after that

11 date.

12 Subtitle C—Authorization of

13 Appropriations

14 SEC. 421. MILITARY PERSONNEL.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2008 for military personnel, in amounts as follows:

17 (1) For the Army, $34,952,762,000.

18 (2) For the Navy, $23,300,841,000.

19 (3) For the Marine Corps, $11,065,542,000.

20 (4) For the Air Force, $24,091,993,000.

21 (5) For the Army Reserve, $3,701,197,000.

22 (6) For the Navy Reserve, $1,766,408,000.

23 (7) For the Marine Corps Reserve, $593,961,000.

24 (8) For the Air Force Reserve, $1,356,618,000.
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1 (9) For the Army National Guard,

2 $5,914,979,000.

3 (10) For the Air National Guard,

4 $2,607,456,000.

5 TITLE V—MILITARY PERSONNEL

6 POLICY

7 Subtitle A—Officer Personnel Policy

8 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR

9 ARMY OFFICERS ON ACTIVE DUTY IN THE

10 GRADE OF MAJOR TO MEET FORCE STRUC11 TURE REQUIREMENTS.

12 The table in section 523(a)(1) of title 10, United States

13 Code, is amended by striking the items under the heading

14 ‘‘Major’’ in the portion of the table relating to the Army

15 and inserting the following new items:

‘‘7,768

8,689

9,611

10,532

11,454

12,375

13,297

14,218

15,140

16,061

16,983

17,903

18,825

19,746

20,668

21,589

22,511

24,354

26,197

28,040

35,412’’.
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1 SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR

2 NAVY OFFICERS ON ACTIVE DUTY IN GRADES

3 OF LIEUTENANT COMMANDER, COMMANDER,

4 AND CAPTAIN TO MEET FORCE STRUCTURE

5 REQUIREMENTS.

6 (a) IN GENERAL.—The table in section 523(a)(2) of

7 title 10, United States Code, is amended to read as follows:

‘‘Total number of

commissioned officers (excluding officers in categories

specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in

the grade of:

Lieutenant Commander Commander Captain

Navy:

30,000 7,698 5,269 2,222

33,000 8,189 5,501 2,334

36,000 8,680 5,733 2,447

39,000 9,172 5,965 2,559

42,000 9,663 6,197 2,671

45,000 10,155 6,429 2,784

48,000 10,646 6,660 2,896

51,000 11,136 6,889 3,007

54,000 11,628 7,121 3,120

57,000 12,118 7,352 3,232

60,000 12,609 7,583 3,344

63,000 13,100 7,813 3,457

66,000 13,591 8,044 3,568

70,000 14,245 8,352 3,718

90,000 17,517 9,890 4,467’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on October 1, 2007.
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1 SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMA2 NENT PROFESSORS FROM STRENGTH LIMITA3 TIONS FOR OFFICERS BELOW GENERAL AND

4 FLAG GRADES.

5 (a) INCLUSION OF PERMANENT PROFESSORS OF THE

6 NAVY.—Section 523(b)(8) of title 10, United States Code,

7 is amended—

8 (1) by striking ‘‘Naval Academy’’ and inserting

9 ‘‘Navy’’; and

10 (2) by inserting ‘‘or service’’ before the period at

11 the end.

12 (b) EXPANSION OF EXCLUSION GENERALLY.—Such

13 section is further amended by striking ‘‘50’’ and inserting

14 ‘‘85’’.

15 SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY

16 GENERAL AND FLAG OFFICERS CONTINUED

17 ON ACTIVE DUTY.

18 Section 637(b)(3) of title 10, United States Code, is

19 amended by striking ‘‘but such period may not (except as

20 provided under section 1251(b) of this title) extend beyond

21 the date of the officer’s sixty-second birthday’’ and inserting

22 ‘‘except as provided under section 1253 of this title’’.
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1 SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE

2 OBLIGATION FOR INITIAL APPOINTMENTS OF

3 OFFICERS IN CRITICALLY SHORT HEALTH

4 PROFESSIONAL SPECIALTIES.

5 Section 651 of title 10, United States Code, is amended

6 by adding at the end the following new subsection:

7 ‘‘(c)(1) The Secretary of Defense may waive the service

8 required by subsection (a) for initial appointments of com9 missioned officers in such critically short health profes10 sional specialties as the Secretary shall specify for purposes

11 of this subsection.

12 ‘‘(2) The minimum period of obligated service for an

13 officer under a waiver under this subsection shall be the

14 greater of—

15 ‘‘(A) two years; or

16 ‘‘(B) in the case of an officer who has accepted

17 an accession bonus or executed a contract or agree18 ment for the multiyear receipt of special pay for serv19 ice in the armed forces, the period of obligated service

20 specified in such contract or agreement.’’.

21 SEC. 506. INCREASE IN AUTHORIZED NUMBER OF PERMA22 NENT PROFESSORS AT THE UNITED STATES

23 MILITARY ACADEMY.

24 Paragraph (4) of section 4331(b) of title 10, United

25 States Code, is amended to read as follows:

26 ‘‘(4) Twenty-eight permanent professors.’’.
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1 SEC. 507. EXPANSION OF AUTHORITY FOR REENLISTMENT

2 OF OFFICERS IN THEIR FORMER ENLISTED

3 GRADE.

4 (a) REGULAR ARMY.—Section 3258 of title 10, United

5 States Code, is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘a Reserve officer’’ and in8 serting ‘‘an officer’’; and

9 (B) by striking ‘‘a temporary appointment’’

10 and inserting ‘‘an appointment’’; and

11 (2) in subsection (b)—

12 (A) in paragraph (1), by striking ‘‘a Re13 serve officer’’ and inserting ‘‘an officer’’; and

14 (B) in paragraph (2), by striking ‘‘the Re15 serve commission’’ and inserting ‘‘the commis16 sion’’.

17 (b) REGULAR AIR FORCE.—Section 8258 of such title

18 is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘a reserve officer’’ and in21 serting ‘‘an officer’’; and

22 (B) by striking ‘‘a temporary appointment’’

23 and inserting ‘‘an appointment’’; and

24 (2) in subsection (b)—

25 (A) in paragraph (1), by striking ‘‘a Re26 serve officer’’ and inserting ‘‘an officer’’; and
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1 (B) in paragraph (2), by striking ‘‘the Re2 serve commission’’ and inserting ‘‘the commis3 sion’’.

4 SEC. 508. ENHANCED AUTHORITY FOR RESERVE GENERAL

5 AND FLAG OFFICERS TO SERVE ON ACTIVE

6 DUTY.

7 Section 526(d) of title 10, United States Code, is

8 amended—

9 (1) by inserting ‘‘(1)’’ before ‘‘The limitations’’;

10 and

11 (2) by adding at the end the following new para12 graph:

13 ‘‘(2) The limitations of this section also do not apply

14 to a number, as specified by the Secretary of the military

15 department concerned, of reserve component general or flag

16 officers authorized to serve on active duty for a period of

17 not more than 365 days. The number so specified for an

18 armed force may not exceed the number equal to ten percent

19 of the authorized number of general or flag officers, as the

20 case may be, of that armed force under section 12004 of

21 this title. In determining such number, any fraction shall

22 be rounded down to the next whole number, except that such

23 number shall be at least one.’’.
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1 SEC. 509. PROMOTION OF CAREER MILITARY PROFESSORS

2 OF THE NAVY.

3 (a) PROMOTION.—

4 (1) IN GENERAL.—Chapter 603 of title 10,

5 United States Code, is amended—

6 (A) by redesignating section 6970 as section

7 6970a; and

8 (B) by inserting after section 6969 the fol9 lowing new section 6970:

10 ‘‘§ 6970. Permanent professors: promotion

11 ‘‘(a) PROMOTION.—An officer serving as a permanent

12 professor may be recommended for promotion to the grade

13 of captain or colonel, as the case may be, under regulations

14 prescribed by the Secretary of the Navy. The regulations

15 shall include a competitive selection board process to iden16 tify those permanent professors best qualified for promotion.

17 An officer so recommended shall be promoted by appoint18 ment to the higher grade by the President, by and with the

19 advice and consent of the Senate.

20 ‘‘(b) EFFECTIVE DATE OF PROMOTION.—If made, the

21 promotion of an officer under subsection (a) shall be effec22 tive not earlier than three years after the selection of the

23 officer as a permanent professor as described in that sub24 section.’’.

25 (2) CLERICAL AMENDMENT.—The table of sec26 tions at the beginning of chapter 603 of such title is
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1 amended by striking the item relating to section 6970

2 and inserting the following new items:

‘‘6970. Permanent professors: promotion.

‘‘6970a. Permanent professors: retirement for years of service; authority for deferral.’’.

3 (b) CONFORMING AMENDMENTS.—Section 641(2) of

4 such title is amended—

5 (1) by striking ‘‘and the registrar’’ and inserting

6 ‘‘, the registrar’’; and

7 (2) by inserting before the period at the end the

8 following: ‘‘, and permanent professors of the Navy

9 (as defined in regulations prescribed by the Secretary

10 of the Navy)’’.

11 Subtitle B—Enlisted Personnel

12 Policy

13 SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF

14 NUMBER OF MEMBERS IN PAY GRADE E–9.

15 (a) INCREASE.—Section 517(a) of title 10, United

16 States Code, is amended by striking ‘‘1 percent’’ and insert17 ing ‘‘1.25 percent’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect on October 1, 2007, and shall

20 apply with respect to fiscal years beginning on or after that

21 date.
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1 Subtitle C—Reserve Component

2 Management

3 SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNC4 TIONS OF THE RESERVE FORCES POLICY

5 BOARD.

6 (a) MODIFICATION OF DESIGNATION, STRUCTURE, AND

7 FUNCTIONS OF RESERVE FORCES POLICY BOARD.—

8 (1) IN GENERAL.—Section 10301 of title 10,

9 United States Code, is amended to read as follows:

10 ‘‘§ 10301. Reserve Policy Advisory Board

11 ‘‘(a) There is in the Office of the Secretary of Defense

12 a Reserve Policy Advisory Board.

13 ‘‘(b)(1) The Board shall consist of a civilian chairman

14 and not more than 15 other members, each appointed by

15 the Secretary of Defense, of whom—

16 ‘‘(A) not more than 4 members may be Govern17 ment civilian officials who must be from outside the

18 Department of Defense; and

19 ‘‘(B) not more than 2 members may be members

20 of the armed forces.

21 ‘‘(2) Each member appointed to serve on the Board

22 shall have—

23 ‘‘(A) extensive knowledge, or experience with, re24 serve component matters, national security and na25 tional military strategies of the United States, or
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1 roles and missions of the regular components and the

2 reserve components;

3 ‘‘(B) extensive knowledge of, or experience in,

4 homeland defense and matters involving Department

5 of Defense support to civil authorities; or

6 ‘‘(C) a distinguished background in government,

7 business, personnel planning, technology and its ap8 plication in military operations, or other fields that

9 are pertinent to the management and utilization of

10 the reserve components.

11 ‘‘(3) Each member of the Board shall serve for a term

12 of 2 years, and, at the conclusion of such term, may be ap13 pointed under this subsection to serve an additional term

14 of 2 years.

15 ‘‘(4) Upon the designation of the chairman of the

16 Board and the approval of the Secretary of Defense, an offi17 cer of the Army, Navy, Air Force, or Marine Corps in the

18 Reserves or the National Guard who is a general or flag

19 officer shall serve as the military advisor to, and executive

20 officer of, the Board. Such service shall be either full-time

21 or part-time, as designated by the Secretary of Defense, and

22 shall be in a non-voting status on the Board.

23 ‘‘(c)(1) This section does not affect the committees on

24 reserve policies prescribed within the military departments

25 by sections 10302 through 10305 of this title.
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1 ‘‘(2) A member of a committee or board prescribed

2 under a section listed in paragraph (1) may, if otherwise

3 eligible, be a member of the Reserve Policy Advisory Board.

4 ‘‘(d)(1) The Board shall provide the Secretary of De5 fense, through the Deputy Secretary of Defense, with inde6 pendent advice and recommendations on strategies, policies,

7 and practices designed to improve the capability, efficiency,

8 and effectiveness of the reserve components.

9 ‘‘(2) The Board shall act on those matters referred to

10 it by the Secretary or the chairman and, in addition, on

11 any matter raised by a member of the Board.

12 ‘‘(e) The Under Secretary of Defense for Personnel and

13 Readiness shall provide necessary logistical support to the

14 Board.

15 ‘‘(f) The Board shall not be subject to the provisions

16 of the Federal Advisory Committee Act (5 U.S.C. App.).’’.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 1009 of such title is

19 amended by striking the item relating to section

20 10301 and inserting the following new item:

‘‘10301. Reserve Policy Advisory Board.’’.

21 (3) REFERENCES.—Any reference in any law,

22 regulation, document, record, or other paper of the

23 United States to the Reserve Forces Policy Board

24 shall be deemed to be a reference to the Reserve Policy

25 Advisory Board.
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1 (b) INCLUSION OF MATTERS FROM BOARD IN ANNUAL

2 REPORT ON ACTIVITIES OF DEPARTMENT OF DEFENSE.—

3 Paragraph (2) of section 113(c) of title 10, United States

4 Code, is amended to read as follows:

5 ‘‘(2) At the same time the Secretary submits the an6 nual report under paragraph (1), the Secretary may trans7 mit to the President and Congress with such report any

8 additional matters from the Reserve Policy Advisory Board

9 on the programs and activities of the reserve components

10 as the Secretary considers appropriate to include in such

11 report.’’.

12 (c) EFFECTIVE DATE.—

13 (1) IN GENERAL.—The amendments made by

14 this section shall take effect on a date elected by the

15 Secretary of Defense, which date may not be earlier

16 than the date that is one year after the date of the

17 enactment of this Act. The Secretary shall publish in

18 the Federal Register notice of the effective date of the

19 amendments made by this section, as so elected.

20 (2) REPORT.—Not later than the effective date

21 elected under paragraph (1), the Secretary shall sub22 mit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report setting

24 forth the recommendations of the Secretary regarding

25 the following:
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1 (A) The appropriate role and mission of the

2 Reserve Forces Policy Board.

3 (B) The appropriate membership of the Re4 serve Forces Policy Board.

5 (C) The appropriate procedures to be uti6 lized by the Reserve Forces Policy Board in its

7 interaction with the Department of Defense.

8 SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.

9 (a) PRESCRIPTION OF CHARTER BY SECRETARY OF

10 DEFENSE.—Section 10503 of title 10, United States Code,

11 is amended—

12 (1) by striking ‘‘The Secretary of the Army and

13 the Secretary of the Air Force shall jointly develop

14 and’’ in the matter preceding paragraph (1) and in15 serting ‘‘The Secretary of the Defense shall, in con16 sultation with the Secretary of the Army, the Sec17 retary of the Air Force, and the Chairman of the

18 Joint Chiefs of Staff,’’;

19 (2) in paragraph (10), by striking ‘‘the Army

20 and Air Force’’ and inserting ‘‘the Secretary of De21 fense, the Secretary of the Army, and the Secretary of

22 the Air Force’’; and

23 (3) in paragraph (12), by striking ‘‘Secretaries’’

24 and inserting ‘‘Secretary of Defense, the Secretary of

25 the Army, and the Secretary of the Air Force’’.
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1 (b) CONFORMING AND CLERICAL AMENDMENTS.—

2 (1) CONFORMING AMENDMENT.—The heading of

3 section 10503 of such title is amended to read as fol4 lows:

5 ‘‘§ 10503. Functions of National Guard Bureau: char6 ter from the Secretary of Defense’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 1011 of such title is

9 amended by striking the item related to section 10503

10 and inserting the following new item:

‘‘10503. Functions of the National Guard Bureau: charter from the Secretary of

Defense.’’.

11 SEC. 533. APPOINTMENT, GRADE, DUTIES, AND RETIRE12 MENT OF THE CHIEF OF THE NATIONAL

13 GUARD BUREAU.

14 (a) APPOINTMENT.—Subsection (a) of section 10502 of

15 title 10, United States Code, is amended by striking para16 graphs (1) through (3) and inserting the following new

17 paragraphs:

18 ‘‘(1) are recommended for such appointment by

19 their respective Governors or, in the case of the Dis20 trict of Columbia, the commanding general of the Dis21 trict of Columbia National Guard;

22 ‘‘(2) are recommended for such appointment by

23 the Secretary of the Army or the Secretary of the Air

24 Force;
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1 ‘‘(3) have had at least 10 years of federally rec2 ognized commissioned service in an active status in

3 the National Guard;

4 ‘‘(4) are in a grade above the grade of brigadier

5 general;

6 ‘‘(5) are determined by the Chairman of the

7 Joint Chiefs of Staff, in accordance with criteria and

8 as a result of a process established by the Chairman,

9 to have significant joint duty experience;

10 ‘‘(6) are determined by the Secretary of Defense

11 to have successfully completed such other assignments

12 and experiences so as to possess a detailed under13 standing of the status and capabilities of National

14 Guard forces and the missions of the National Guard

15 Bureau as set forth in section 10503 of this title;

16 ‘‘(7) have a level of operational experience in a

17 position of significant responsibility, professional

18 military education, and demonstrated expertise in

19 national defense and homeland defense matters that

20 are commensurate with the advisory role of the Chief

21 of the National Guard Bureau; and

22 ‘‘(8) possess such other qualifications as the Sec23 retary of Defense shall prescribe for purposes of this

24 section.’’.
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1 (b) GRADE.—Subsection (d) of such section is amended

2 by striking ‘‘lieutenant general’’ and inserting ‘‘general’’.

3 (c) REPEAL OF AGE 64 LIMITATION ON SERVICE.—

4 Subsection (b) of such section is amended by striking ‘‘An

5 officer may not hold that office after becoming 64 years of

6 age.’’.

7 (d) ADVISORY DUTIES.—Subsection (c) of section

8 10502 of such title is amended to read as follows:

9 ‘‘(c) ADVISOR ON NATIONAL GUARD MATTERS.—The

10 Chief of the National Guard Bureau is—

11 ‘‘(1) an advisor to the Secretary of Defense,

12 through the Chairman of the Joint Chiefs of Staff, on

13 matters involving non-federalized National Guard

14 forces and on other matters as determined by the Sec15 retary of Defense; and

16 ‘‘(2) the principal adviser to the Secretary of the

17 Army and the Chief of Staff of the Army, and to the

18 Secretary of the Air Force and the Chief of Staff of

19 the Air Force, on matters relating to the National

20 Guard, the Army National Guard of the United

21 States, and the Air National Guard of the United

22 States.’’.

23 (e) DEFERRAL OF RETIREMENT.—Section 14512(a) of

24 such title is amended by adding at the end the following

25 new paragraph:
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1 ‘‘(3) The President may defer the retirement of an offi2 cer serving in the position specified in paragraph (2)(A),

3 but such deferment may not extend beyond the first day

4 of the month following the month in which the officer be5 comes 68 years of age.’’.

6 SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERV7 ICE OF RESERVE OFFICERS IN THE GRADE OF

8 LIEUTENANT GENERAL OR VICE ADMIRAL.

9 Section 14508 of title 10, United States Code, is

10 amended—

11 (1) by redesignating subsections (c), (d), and (e)

12 as subsections (d), (e) and (f), respectively; and

13 (2) by inserting after subsection (b) the following

14 new subsection (c):

15 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEUTEN16 ANT GENERALS AND VICE ADMIRALS.—Unless retired,

17 transferred to the Retired Reserve, or discharged at an ear18 lier date, each reserve officer of the Army, Air Force, or

19 Marine Corps in the grade of lieutenant general, and each

20 reserve officer of the Navy in the grade of vice admiral,

21 shall, 30 days after completion of 38 years of commissioned

22 service or on the fifth anniversary of the date of the officer’s

23 appointment in the grade of lieutenant general or vice ad24 miral, whichever is later, be separated in accordance with

25 section 14514 of this title.’’.
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1 SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL

2 RECOGNITION AS OFFICERS OF THE NA3 TIONAL GUARD FROM SIX TO TWELVE

4 MONTHS.

5 Section 308(a) of title 32, United States Code, is

6 amended by striking ‘‘six months’’ and inserting ‘‘12

7 months’’.

8 SEC. 536. SATISFACTION OF PROFESSIONAL LICENSURE

9 AND CERTIFICATION REQUIREMENTS BY

10 MEMBERS OF THE NATIONAL GUARD AND RE11 SERVE ON ACTIVE DUTY.

12 (a) ADDITIONAL PERIOD BEFORE RE-TRAINING OF

13 NURSE AIDES IS REQUIRED UNDER THE MEDICARE AND

14 MEDICAID PROGRAMS.—For purposes of subparagraph (D)

15 of sections 1819(b)(5) and 1919(b)(5) of the Social Security

16 Act (42 U.S.C. 1395i–3(b)(5), 1396r(b)(5)), if, since an in17 dividual’s most recent completion of a training and com18 petency evaluation program described in subparagraph (A)

19 of such sections, the individual was ordered to active duty

20 in the Armed Forces for a period of at least 12 months,

21 and the individual completes such active duty service dur22 ing the period beginning on July 1, 2007, and ending on

23 September 30, 2008, the 24-consecutive-month period de24 scribed subparagraph (D) of such sections with respect to

25 the individual shall begin on the date on which the indi26 vidual completes such active duty service. The preceding
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1 sentence shall not apply to an individual who had already

2 reached such 24-consecutive-month period on the date on

3 which such individual was ordered to such active duty serv4 ice.

5 (b) REPORT ON RELIEF FROM REQUIREMENTS FOR

6 NATIONAL GUARD AND RESERVE ON LONG-TERM ACTIVE

7 DUTY.—Not later than 120 days after the date of the enact8 ment of this Act, the Secretary of Defense shall submit to

9 Congress a report setting forth recommendations for such

10 legislative action as the Secretary considers appropriate

11 (including amendments to the Servicemembers Civil Relief

12 Act (50 U.S.C. App. 501 et seq.)) to provide for the exemp13 tion or tolling of professional or other licensure or certifi14 cation requirements for the conduct or practice of a profes15 sion, trade, or occupation with respect to members of the

16 National Guard and Reserve who are on active duty in the

17 Armed Forces for an extended period of time.

18 Subtitle D—Education and

19 Training

20 SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED

21 OFFICERS IN UNIFORMED MEDICAL ACCES22 SION PROGRAMS.

23 (a) MEDICAL STUDENTS OF USUHS.—Section

24 2114(b) of title 10, United States Code, is amended by strik25 ing the second sentence and inserting the following new sen-
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1 tences: ‘‘Medical students so commissioned shall be ap2 pointed as regular officers in the grade of second lieutenant

3 or ensign, or if they meet promotion criteria prescribed by

4 the Secretary concerned, in the grade of first lieutenant or

5 lieutenant (junior grade), and shall serve on active duty

6 with full pay and allowances of an officer in the applicable

7 grade. Any prior service of medical students on active duty

8 shall be deemed, for pay purposes, to have been service as

9 a warrant officer.’’.

10 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL11 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—

12 (1) GRADE OF PARTICIPANTS.—Section 2121(c)

13 of such title is amended by striking the second sen14 tence and inserting the following new sentences: ‘‘Per15 sons so commissioned shall be appointed in the grade

16 of second lieutenant or ensign, or if they meet pro17 motion criteria prescribed by the Secretary concerned,

18 in the grade of first lieutenant or lieutenant (junior

19 grade), and shall serve on active duty with full pay

20 and allowances of an officer in the applicable grade

21 for a period of 45 days during each year of participa22 tion in the program. Any prior service of such per23 sons on active duty shall be deemed, for pay purposes,

24 to have been service as a warrant officer.’’.
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1 (2) SERVICE CREDIT.—Subsection (a) of section

2 2126 of such title is amended to read as follows:

3 ‘‘(a) SERVICE NOT CREDITABLE.—Except as provided

4 in subsection (b), service performed while a member of the

5 program shall not be counted in determining eligibility for

6 retirement other than by reason of a physical disability in7 curred while on active duty as a member of the program.’’.

8 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

9 SCHOOLS.—Subsection (a) of section 2004a of such title is

10 amended by adding at the end the following new sentences:

11 ‘‘An officer detailed under this section shall serve on active

12 duty, subject to the limitations on grade specified in section

13 2114(b) of this title. Any prior active service of such an

14 officer shall be deemed, for pay purposes, to have been served

15 as a warrant officer.’’.

16 SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUP17 PORTABLE IN ANY STATE UNDER STARBASE

18 PROGRAM.

19 (a) EXPANSION.—Section 2193b(c)(3) of title 10,

20 United States Code, is amended—

21 (1) in subparagraph (A), by striking ‘‘more than

22 two academies’’ and inserting ‘‘more than four acad23 emies’’; and
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1 (2) in subparagraph (B), by striking ‘‘in excess

2 of two’’ both places it appears and inserting ‘‘in ex3 cess of four’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall take effect on October 1, 2007.

6 SEC. 553. REPEAL OF POST-2007–2008 ACADEMIC YEAR PRO7 HIBITION ON PHASED INCREASE IN CADET

8 STRENGTH LIMIT AT THE UNITED STATES

9 MILITARY ACADEMY.

10 Section 4342(j)(1) of title 10, United States Code, is

11 amended by striking the last sentence.

12 SEC. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND

13 GREENPORT HIGH SCHOOLS, SOUTHOLD,

14 NEW YORK, AS SINGLE INSTITUTION FOR

15 PURPOSES OF MAINTAINING A JUNIOR RE16 SERVE OFFICERS’ TRAINING CORPS UNIT.

17 Southold High School, Mattituck High School, and

18 Greenport High School, located in Southold, New York, may

19 be treated as a single institution for purposes of the mainte20 nance of a unit of the Junior Reserve Officers’ Training

21 Corps of the Navy.
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1 SEC. 555. AUTHORITY OF THE AIR UNIVERSITY TO CONFER

2 ADDITIONAL ACADEMIC DEGREES.

3 Section 9317(a) of title 10, United States Code, is

4 amended by adding at the end the following new para5 graphs:

6 ‘‘(5) The degree of doctor of philosophy in stra7 tegic studies upon graduates of the School of Ad8 vanced Airpower Studies who fulfill the requirements

9 for that degree in manner consistent with the guide10 lines of the Department of Education and the prin11 ciples of the regional accrediting body for Air Univer12 sity.

13 ‘‘(6) The degree of master of air, space, and

14 cyberspace studies upon graduates of Air University

15 who fulfill the requirements for that degree in a man16 ner consistent with the recommendations of the De17 partment of Education and the principles of the re18 gional accrediting body for Air University.

19 ‘‘(7) The degree of master of flight test engineer20 ing science upon graduates of the Air Force Test Pilot

21 School who fulfill the requirements for that degree in

22 a manner consistent with the recommendations of the

23 Department of Education and the principles of the re24 gional accrediting body for Air University.’’.
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1 SEC. 556. NURSE MATTERS.

2 (a) IN GENERAL.—The Secretary of Defense may pro3 vide for the carrying out of each of the programs described

4 in subsections (b) through (f).

5 (b) SERVICE OF NURSE OFFICERS AS FACULTY IN EX6 CHANGE FOR COMMITMENT TO ADDITIONAL SERVICE IN

7 THE ARMED FORCES.—

8 (1) IN GENERAL.—One of the programs under

9 this section may be a program in which covered com10 missioned officers with a graduate degree in nursing

11 or a related field who are in the nurse corps of the

12 Armed Force concerned serve a tour of duty of two

13 years as a full-time faculty member of an accredited

14 school of nursing.

15 (2) COVERED OFFICERS.—A commissioned offi16 cer of the nurse corps of the Armed Forces described

17 in this paragraph is a nurse officer on active duty

18 who has served for more than nine years on active

19 duty in the Armed Forces as an officer of the nurse

20 corps at the time of the commencement of the tour of

21 duty described in paragraph (1).

22 (3) BENEFITS AND PRIVILEGES.—An officer serv23 ing on the faculty of an accredited school or nursing

24 under this subsection shall be accorded all the benefits,

25 privileges, and responsibilities (other than compensa26 tion and compensation-related benefits) of any other
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1 comparably situated individual serving a full-time

2 faculty member of such school.

3 (4) AGREEMENT FOR ADDITIONAL SERVICE.—

4 Each officer who serves a tour of duty on the faculty

5 of a school of nursing under this subsection shall enter

6 into an agreement with the Secretary to serve upon

7 the completion of such tour of duty for a period of

8 four years for such tour of duty as a member of the

9 nurse corps of the Armed Force concerned. Any serv10 ice agreed to by an officer under this paragraph is in

11 addition to any other service required of the officer

12 under law.

13 (c) SERVICE OF NURSE OFFICERS AS FACULTY IN EX14 CHANGE FOR SCHOLARSHIPS FOR NURSE OFFICER CAN15 DIDATES.—

16 (1) IN GENERAL.—One of the programs under

17 this section may be a program in which commis18 sioned officers with a graduate degree in nursing or

19 a related field who are in the nurse corps of the

20 Armed Force concerned serve while on active duty a

21 tour of duty of two years as a full-time faculty mem22 ber of an accredited school of nursing.

23 (2) BENEFITS AND PRIVILEGES.—An officer serv24 ing on the faculty of an accredited school of nursing

25 under this subsection shall be accorded all the benefits,
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1 privileges, and responsibilities (other than compensa2 tion and compensation-related benefits) of any other

3 comparably situated individual serving as a full-time

4 faculty member of such school.

5 (3) SCHOLARSHIPS FOR NURSE OFFICER CAN6 DIDATES.—(A) Each accredited school of nursing at

7 which an officer serves on the faculty under this sub8 section shall provide scholarships to individuals un9 dertaking an educational program at such school

10 leading to a degree in nursing who agree, upon com11 pletion of such program, to accept a commission as

12 an officer in the nurse corps of the Armed Forces.

13 (B) The total amount of funds made available

14 for scholarships by an accredited school of nursing

15 under subparagraph (A) for each officer serving on

16 the faculty of that school under this subsection shall

17 be not less than the amount equal to an entry-level

18 full-time faculty member of that school for each year

19 that such officer so serves on the faculty of that school.

20 (C) The total number of scholarships provided by

21 an accredited school of nursing under subparagraph

22 (A) for each officer serving on the faculty of that

23 school under this subsection shall be such number as

24 the Secretary of Defense shall specify for purposes of

25 this subsection.
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1 (d) SCHOLARSHIPS FOR CERTAIN NURSE OFFICERS

2 FOR EDUCATION AS NURSES.—

3 (1) IN GENERAL.—One of the programs under

4 this section may be a program in which the Secretary

5 provides scholarships to commissioned officers of the

6 nurse corps of the Armed Force concerned described in

7 paragraph (2) who enter into an agreement described

8 in paragraph (4) for the participation of such officers

9 in an educational program of an accredited school of

10 nursing leading to a graduate degree in nursing.

11 (2) COVERED NURSE OFFICERS.—A commis12 sioned officer of the nurse corps of the Armed Forces

13 described in this paragraph is a nurse officer who has

14 served not less than 20 years on active duty in the

15 Armed Forces and is otherwise eligible for retirement

16 from the Armed Forces.

17 (3) SCOPE OF SCHOLARSHIPS.—Amounts in a

18 scholarship provided a nurse officer under this sub19 section may be utilized by the officer to pay the costs

20 of tuition, fees, and other educational expenses of the

21 officer in participating in an educational program

22 described in paragraph (1).

23 (4) AGREEMENT.—An agreement of a nurse offi24 cer described in this paragraph is the agreement of

25 the officer—
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1 (A) to participate in an educational pro2 gram described in paragraph (1); and

3 (B) upon graduation from such educational

4 program—

5 (i) to serve not less than two years as

6 a full-time faculty member of an accredited

7 school of nursing; and

8 (ii) to undertake such activities as the

9 Secretary considers appropriate to encour10 age current and prospective nurses to pur11 sue service in the nurse corps of the Armed

12 Forces.

13 (e) TRANSITION ASSISTANCE FOR RETIRING NURSE

14 OFFICERS QUALIFIED AS FACULTY.—

15 (1) IN GENERAL.—One of the programs under

16 this section may be a program in which the Secretary

17 provides to commissioned officers of the nurse corps of

18 the Armed Force concerned described in paragraph

19 (2) the assistance described in paragraph (3) to assist

20 such officers in obtaining and fulfilling positions as

21 full-time faculty members of an accredited school of

22 nursing after retirement from the Armed Forces.

23 (2) COVERED NURSE OFFICERS.—A commis24 sioned officer of the nurse corps of the Armed Forces

25 described in this paragraph is a nurse officer who—
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1 (A) has served an aggregate of at least 20

2 years on active duty or in reserve active status

3 in the Armed Forces;

4 (B) is eligible for retirement from the

5 Armed Forces; and

6 (C) possesses a doctoral or master degree in

7 nursing or a related field which qualifies the

8 nurse officer to discharge the position of nurse

9 instructor at an accredited school of nursing.

10 (3) ASSISTANCE.—The assistance described in

11 this paragraph is assistance as follows:

12 (A) Career placement assistance.

13 (B) Continuing education.

14 (C) Stipends (in an amount specified by the

15 Secretary).

16 (4) AGREEMENT.—A nurse officer provided as17 sistance under this subsection shall enter into an

18 agreement with the Secretary to serve as a full-time

19 faculty member of an accredited school of nursing for

20 such period as the Secretary shall provide in the

21 agreement.

22 (f) BENEFITS FOR RETIRED NURSE OFFICERS AC23 CEPTING APPOINTMENT AS FACULTY.—

24 (1) IN GENERAL.—One of the programs under

25 this section may be a program in which the Secretary
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1 provides to any individual described in paragraph

2 (2) the benefits specified in paragraph (3).

3 (2) COVERED INDIVIDUALS.—An individual de4 scribed in this paragraph is an individual who—

5 (A) is retired from the Armed Forces after

6 service as a commissioned officer in the nurse

7 corps of the Armed Forces;

8 (B) holds a graduate degree in nursing; and

9 (C) serves as a full-time faculty member of

10 an accredited school of nursing.

11 (3) BENEFITS.—The benefits specified in this

12 paragraph shall include the following:

13 (A) Payment of retired or retirement pay

14 without reduction based on receipt of pay or

15 other compensation from the institution of higher

16 education concerned.

17 (B) Payment by the institution of higher

18 education concerned of a salary and other com19 pensation to which other similarly situated fac20 ulty members of the institution of higher edu21 cation would be entitled.

22 (C) If the amount of pay and other com23 pensation payable by the institution of higher

24 education concerned for service as an associate

25 full-time faculty member is less than the basic
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1 pay to which the individual was entitled imme2 diately before retirement from the Armed Forces,

3 payment of an amount equal to the difference be4 tween such basic pay and such payment and

5 other compensation.

6 (g) ADMINISTRATION AND DURATION OF PROGRAMS.—

7 (1) IN GENERAL.—The Secretary shall establish

8 requirements and procedures for the administration of

9 the programs authorized by this section. Such require10 ments and procedures shall include procedures for se11 lecting participating schools of nursing.

12 (2) DURATION.—Any program carried out under

13 this section shall continue for not less than two years.

14 (3) ASSESSMENT.—Not later than two years

15 after commencing any program under this section, the

16 Secretary shall assess the results of such program and

17 determine whether or not to continue such program.

18 The assessment of any program shall be based on

19 measurable criteria, information concerning results,

20 and such other matters as the Secretary considers ap21 propriate.

22 (4) CONTINUATION.—The Secretary may con23 tinue carrying out any program under this section

24 that the Secretary determines, pursuant to an assess25 ment under paragraph (3), to continue to carry out.
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1 In continuing to carry out a program, the Secretary

2 may modify the terms of the program within the

3 scope of this section. The continuation of any pro4 gram may include its expansion to include additional

5 participating schools of nursing.

6 (h) DEFINITIONS.—In this section, the terms ‘‘school

7 of nursing’’ and ‘‘accredited’’ have the meaning given those

8 terms in section 801 of the Public Health Service Act (42

9 U.S.C. 296).

10 SEC. 557. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC

11 SCHOLARSHIPS UNDER ARMY RESERVE AND

12 ARMY NATIONAL GUARD FINANCIAL ASSIST13 ANCE PROGRAM.

14 Section 2107a(h) of title 10, United States Code, is

15 amended by striking ‘‘not more than 416 cadets each year

16 under this section, to include’’ and inserting ‘‘each year

17 under this section’’.
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1 Subtitle E—Defense Dependents’

2 Education Matters

3 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL

4 EDUCATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES.

8 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

9 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the

10 amount authorized to be appropriated pursuant to section

11 301(5) for operation and maintenance for Defense-wide ac12 tivities, $35,000,000 shall be available only for the purpose

13 of providing assistance to local educational agencies under

14 subsection (a) of section 572 of the National Defense Author15 ization Act for Fiscal Year 2006 (Public Law 109–163; 119

16 Stat. 3271; 20 U.S.C. 7703b).

17 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

18 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

19 CHANGES, OR FORCE RELOCATIONS.—Of the amount au20 thorized to be appropriated pursuant to section 301(5) for

21 operation and maintenance for Defense-wide activities,

22 $10,000,000 shall be available only for the purpose of pro23 viding assistance to local educational agencies under sub24 section (b) of such section 572.
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1 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this

2 section, the term ‘‘local educational agency’’ has the mean3 ing given that term in section 8013(9) of the Elementary

4 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

5 SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS6 ABILITIES.

7 Of the amount authorized to be appropriated pursuant

8 to section 301(5) for operation and maintenance for De9 fense-wide activities, $5,000,000 shall be available for pay10 ments under section 363 of the Floyd D. Spence National

11 Defense Authorization Act for Fiscal Year 2001 (as enacted

12 into law by Public Law 106–398; 114 Stat. 1654A–77; 20

13 U.S.C. 7703a).

14 SEC. 563. INCLUSION OF DEPENDENTS OF NON-DEPART15 MENT OF DEFENSE EMPLOYEES EMPLOYED

16 ON FEDERAL PROPERTY IN PLAN RELATING

17 TO FORCE STRUCTURE CHANGES, RELOCA18 TION OF MILITARY UNITS, OR BASE CLO19 SURES AND REALIGNMENTS.

20 Section 574(e)(3) of the John Warner National Defense

21 Authorization Act for Fiscal Year 2007 (Public Law 109–

22 364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended—

23 (1) in subparagraph (A), by striking ‘‘and’’ at

24 the end;
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1 (2) in subparagraph (B), by striking the period

2 at the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(C) elementary and secondary school stu6 dents who are dependents of personnel who are

7 not members of the Armed Forces or civilian em8 ployees of the Department of Defense but who are

9 employed on Federal property.’’.

10 SEC. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARD11 ING SCHOOL TUITION FOR MILITARY DE12 PENDENTS IN OVERSEAS AREAS NOT SERVED

13 BY DEPARTMENT OF DEFENSE DEPENDENTS’

14 SCHOOLS.

15 Section 1407(b)(1) of the Defense Dependents’ Edu16 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended in the

17 first sentence by inserting ‘‘, including private boarding

18 schools in the United States,’’ after ‘‘subsection (a)’’.

19 SEC. 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGEN20 CIES.

21 (a) IN GENERAL.—For fiscal year 2008 and each suc22 ceeding fiscal year, the Secretary of Education shall—

23 (1) deem each local educational agency that was

24 eligible to receive a fiscal year 2007 basic support

25 payment for heavily impacted local educational agen-
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1 cies under section 8003(b)(2) of the Elementary and

2 Secondary Education Act of 1965 (20 U.S.C.

3 7703(b)(2)) as eligible to receive a basic support pay4 ment for heavily impacted local educational agencies

5 under such section for the fiscal year for which the de6 termination is made under this subsection; and

7 (2) make a payment to such local educational

8 agency under such section for such fiscal year.

9 (b) EFFECTIVE DATES.—Subsection (a) shall remain

10 in effect until the date that a Federal statute is enacted

11 authorizing the appropriations for, or duration of, any pro12 gram under title VIII of the Elementary and Secondary

13 Education Act of 1965 (20 U.S.C. 7701 et seq.) for fiscal

14 year 2008 or any succeeding fiscal year.

15 SEC. 566. EMERGENCY ASSISTANCE FOR LOCAL EDU16 CATIONAL AGENCIES ENROLLING MILITARY

17 DEPENDENT CHILDREN.

18 (a) SHORT TITLE.—This section may be cited as the

19 ‘‘Help for Military Children Affected by War Act of 2007’’.

20 (b) ASSISTANCE AUTHORIZED.—The Secretary of De21 fense may provide assistance to eligible local educational

22 agencies for the additional education, counseling, and other

23 needs of military dependent children who are affected by

24 war-related action.

25 (c) DEFINITIONS.—In this section:
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1 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

2 The term ‘‘eligible local educational agency’’ means a

3 local educational agency that—

4 (A) has a number of military dependent

5 children in average daily attendance in the

6 schools served by the local educational agency

7 during the current school year, determined in

8 consultation with the Secretary of Education,

9 that—

10 (i) equaled or exceeded 20 percent of

11 the number of all children in average daily

12 attendance in the schools served by such

13 agency during the current school year; or

14 (ii) is 1,000 or more,

15 whichever is less; and

16 (B) is designated by the Secretary of De17 fense as impacted by—

18 (i) Operation Iraqi Freedom;

19 (ii) Operation Enduring Freedom; or

20 (iii) the global rebasing plan of the De21 partment of Defense.

22 (2) LOCAL EDUCATIONAL AGENCY.—The term

23 ‘‘local educational agency’’ has the meaning given the

24 term in section 9101 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 7801).
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1 (3) MILITARY DEPENDENT CHILD.—The term

2 ‘‘military dependent child’’—

3 (A) means a child described in subpara4 graph (B) or (D)(i) of section 8003(a)(1) of the

5 Elementary and Secondary Education Act of

6 1965 (20 U.S.C. 7703(a)(1)); and

7 (B) includes a child—

8 (i) who resided on Federal property

9 with a parent on active duty in the Na10 tional Guard or Reserve; or

11 (ii) who had a parent on active duty

12 in the National Guard or Reserve but did

13 not reside on Federal property.

14 (d) ASSISTANCE.—Assistance provided under this sec15 tion may be used for—

16 (1) tutoring, after-school, and dropout prevention

17 activities for military dependent children with a par18 ent who is or has been impacted by war-related action

19 described in clause (i), (ii), or (iii) of subsection

20 (c)(1)(B);

21 (2) professional development of teachers, prin22 cipals, and counselors on the needs of military de23 pendent children with a parent who is or has been

24 impacted by war-related action described in clause

25 (i), (ii), or (iii) of subsection (c)(1)(B); and
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1 (3) counseling and other comprehensive support

2 services for military dependent children with a parent

3 who is or has been impacted by war-related action de4 scribed in clause (i), (ii), or (iii) of subsection

5 (c)(1)(B), including the subsidization of a percentage

6 of hiring of a military-school liaison.

7 Subtitle F—Military Justice and

8 Legal Assistance Matters

9 SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES

10 COURT OF APPEALS FOR THE ARMED FORCES

11 TO ADMINISTER OATHS.

12 Section 936 of title 10, United States Code (article 136

13 of the Uniform Code of Military Justice), is amended by

14 adding at the end the following new subsection:

15 ‘‘(c) The judges of the United States Court of Appeals

16 for the Armed Forces may administer oaths.’’.

17 SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT

18 OF DEFENSE CIVILIAN EMPLOYEES IN AREAS

19 WITHOUT ACCESS TO NON-MILITARY LEGAL

20 ASSISTANCE.

21 Section 1044(a) of title 10, United States Code, is

22 amended by adding at the end the following new paragraph:

23 ‘‘(6) Civilian employees of the Department of De24 fense in locations where legal assistance from non-
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1 military legal assistance providers is not reasonably

2 available.’’.

3 SEC. 573. MODIFICATION OF AUTHORITIES ON SENIOR

4 MEMBERS OF THE JUDGE ADVOCATE GEN5 ERALS’ CORPS.

6 (a) DEPARTMENT OF THE ARMY.—

7 (1) GRADE OF JUDGE ADVOCATE GENERAL.—

8 Subsection (a) of section 3037 of title 10, United

9 States Code, is amended by striking the third sentence

10 and inserting the following new sentence: ‘‘The Judge

11 Advocate General, while so serving, has the grade of

12 lieutenant general.’’.

13 (2) REDESIGNATION OF ASSISTANT JUDGE ADVO14 CATE GENERAL AS DEPUTY JUDGE ADVOCATE GEN15 ERAL.—Such section is further amended—

16 (A) in subsection (a), by striking ‘‘Assistant

17 Judge Advocate General’’ each place it appears

18 and inserting ‘‘Deputy Judge Advocate General’’;

19 and

20 (B) in subsection (d), by striking ‘‘Assistant

21 Judge Advocate General’’ and inserting ‘‘Deputy

22 Judge Advocate General’’.

23 (3) CONFORMING AND CLERICAL AMENDMENTS.—

24 (A) The heading of such section is amended by strik25 ing ‘‘ASSISTANT JUDGE ADVOCATE GENERAL’’
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1 and inserting ‘‘DEPUTY JUDGE ADVOCATE GEN2 ERAL’’.

3 (B) The table of sections at the beginning of

4 chapter 305 of such title is amended in the item relat5 ing to section 3037 by striking ‘‘Assistant Judge Ad6 vocate General’’ and inserting ‘‘Deputy Judge Advo7 cate General’’.

8 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

9 NAVY.—Section 5148(b) of such title is amended in sub10 section by striking the last sentence and inserting the fol11 lowing new sentence: ‘‘The Judge Advocate General, while

12 so serving, has the grade of vice admiral or lieutenant gen13 eral, as appropriate.’’.

14 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

15 AIR FORCE.—Section 8037(a) of such title is amended by

16 striking the last sentence and inserting the following new

17 sentence: ‘‘The Judge Advocate General, while so serving,

18 has the grade of lieutenant general.’’.

19 (d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND

20 FLAG OFFICER STRENGTH AND DISTRIBUTION LIMITA21 TIONS.—Section 525(b) of such title is amended by adding

22 at the end the following new paragraph:

23 ‘‘(9) An officer while serving as the Judge Advocate

24 General of the Army, the Judge Advocate General of the

25 Navy, or the Judge Advocate General of the Air Force is
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1 in addition to the number that would otherwise be per2 mitted for that officer’s armed force for officers serving on

3 active duty in grades above major general or rear admiral

4 under paragraph (1) or (2), as applicable.’’.

5 (e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT

6 CHIEFS OF STAFF.—

7 (1) IN GENERAL.—Chapter 5 of title 10, United

8 States Code, is amended by adding at the end the fol9 lowing new section:

10 ‘‘§ 156. Legal Counsel to the Chairman of the Joint

11 Chiefs of Staff

12 ‘‘(a) IN GENERAL.—There is a Legal Counsel to the

13 Chairman of the Joint Chiefs of Staff.

14 ‘‘(b) SELECTION FOR APPOINTMENT.—Under regula15 tions prescribed by the Secretary of Defense, the officer se16 lected for appointment to serve as Legal Counsel to the

17 Chairman of the Joint Chiefs of Staff shall be recommended

18 by a board of officers convened by the Secretary of Defense

19 that, insofar as practicable, is subject to the procedures ap20 plicable to selection boards convened under chapter 36 of

21 this title.

22 ‘‘(c) GRADE.—An officer appointed to serve as Legal

23 Counsel to the Chairman of the Joint Chiefs of Staff shall,

24 while so serving, hold the grade of brigadier general or rear

25 admiral (lower half).
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1 ‘‘(d) DUTIES.—The Legal Counsel of the Chairman of

2 the Joint Chiefs of Staff shall perform such legal duties in

3 support of the responsibilities of the Chairman of the Joint

4 Chiefs of Staff as the Chairman may prescribe.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 5 of such title is

7 amended by adding at the end the following new item:

‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff.’’.

8 Subtitle G—Military Family

9 Readiness

10 SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY

11 READINESS COUNCIL.

12 (a) IN GENERAL.—Subchapter I of chapter 88 of title

13 10, United States Code, is amended by inserting after sec14 tion 1781 the following new section:

15 ‘‘§ 1781a. Department of Defense Military Family

16 Readiness Council

17 ‘‘(a) IN GENERAL.—There is in the Department of De18 fense the Department of Defense Military Family Readiness

19 Council (hereafter in this section referred to as the ‘Coun20 cil’).

21 ‘‘(b) MEMBERS.—(1) The members of the Council shall

22 be the following:

23 ‘‘(A) The Under Secretary of Defense for Per24 sonnel and Readiness, who shall serve as chair of the

25 Council.
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1 ‘‘(B) One representative of each of the Army, the

2 Navy, the Marine Corps, and the Air Force, who shall

3 be appointed by Secretary of Defense.

4 ‘‘(C) Three individuals appointed by the Sec5 retary of Defense from among representatives of mili6 tary family organizations (including military family

7 organizations of families of members of the regular

8 components and of families of members of the reserve

9 components), of whom not less than two shall be mem10 bers of the family of an enlisted member of the armed

11 forces.

12 ‘‘(D) In addition to the members appointed

13 under subparagraphs (B) and (C), eight individuals

14 appointed by the Secretary of Defense, of whom—

15 ‘‘(i) one shall be a commissioned officer of

16 the Army or spouse of a commissioned officer of

17 the Army, and one shall be an enlisted member

18 of the Army or spouse of an enlisted member of

19 the Army, except that of the individuals ap20 pointed under this clause at any particular time,

21 one shall be a member of the Army and the other

22 shall be a spouse of a member of the Army;

23 ‘‘(ii) one shall be a commissioned officer of

24 the Navy or spouse of a commissioned officer of

25 the Navy, and one shall be an enlisted member
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1 of the Navy or spouse of an enlisted member of

2 the Navy, except that of the individuals ap3 pointed under this clause at any particular time,

4 one shall be a member of the Navy and the other

5 shall be a spouse of a member of the Navy;

6 ‘‘(iii) one shall be a commissioned officer of

7 the Marine Corps or spouse of a commissioned

8 officer of the Marine Corps, and one shall be an

9 enlisted member of the Marine Corps or spouse

10 of an enlisted member of the Marine Corps, ex11 cept that of the individuals appointed under this

12 clause at any particular time, one shall be a

13 member of the Marine Corps and the other shall

14 be a spouse of a member of the Marine Corps;

15 and

16 ‘‘(iv) one shall be a commissioned officer of

17 the Air Force or spouse of a commissioned officer

18 of the Air Force, and one shall be an enlisted

19 member of the Air Force or spouse of an enlisted

20 member of the Air Force, except that of the indi21 viduals appointed under this clause at any par22 ticular time, one shall be a member of the Air

23 Force and the other shall be a spouse of a mem24 ber of the Air Force.
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1 ‘‘(2) The term on the Council of the members appointed

2 under paragraph (1)(C) shall be three years.

3 ‘‘(c) MEETINGS.—The Council shall meet not less often

4 than twice each year. Not more than one meeting of the

5 Council each year shall be in the National Capital Region.

6 ‘‘(d) DUTIES.—The duties of the Council shall include

7 the following:

8 ‘‘(1) To review and make recommendations to

9 the Secretary of Defense on the policy and plans re10 quired under section 1781b of this title.

11 ‘‘(2) To monitor requirements for the support of

12 military family readiness by the Department of De13 fense.

14 ‘‘(3) To evaluate and assess the effectiveness of

15 the military family readiness programs and activities

16 of the Department of Defense.

17 ‘‘(e) ANNUAL REPORTS.—(1) Not later than February

18 1 each year, the Council shall submit to the Secretary of

19 Defense and the congressional defense committees a report

20 on military family readiness.

21 ‘‘(2) Each report under this subsection shall include

22 the following:

23 ‘‘(A) An assessment of the adequacy and effec24 tiveness of the military family readiness programs

25 and activities of the Department of Defense during
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1 the preceding fiscal year in meeting the needs and re2 quirements of military families.

3 ‘‘(B) Recommendations on actions to be taken to

4 improve the capability of the military family readi5 ness programs and activities of the Department of De6 fense to meet the needs and requirements of military

7 families, including actions relating to the allocation

8 of funding and other resources to and among such

9 programs and activities.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of subchapter I of chapter 88 of such title

12 is amended by inserting after the item relating to section

13 1781 the following new item:

‘‘1781a. Department of Defense Military Family Readiness Council.’’.

14 SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS

15 FOR MILITARY FAMILY READINESS.

16 (a) POLICY AND PLANS REQUIRED.—

17 (1) IN GENERAL.—Subchapter I of chapter 88 of

18 title 10, United States Code, as amended by section

19 581 of this Act, is further amended by inserting after

20 section 1781a the following new section:

21 ‘‘§ 1781b. Department of Defense policy and plans for

22 military family readiness

23 ‘‘(a) IN GENERAL.—The Secretary of Defense shall de24 velop a policy and plans for the Department of Defense for

25 the support of military family readiness.
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1 ‘‘(b) PURPOSES.—The purposes of the policy and plans

2 required under subsection (a) are as follows:

3 ‘‘(1) To ensure that the military family readi4 ness programs and activities of the Department of De5 fense are comprehensive, effective, and properly sup6 ported.

7 ‘‘(2) To ensure that support is continuously

8 available to military families in peacetime and in

9 war, as well as during periods of force structure

10 change and relocation of military units.

11 ‘‘(3) To ensure that the military family readi12 ness programs and activities of the Department of De13 fense are available to all military families, including

14 military families of members of the regular compo15 nents and military families of members of the reserve

16 components.

17 ‘‘(4) To ensure that the goal of military family

18 readiness is an explicit element of applicable Depart19 ment of Defense plans, programs, and budgeting ac20 tivities, and that achievement of military family

21 readiness is expressed through Department-wide goals

22 that are identifiable and measurable.

23 ‘‘(5) To ensure that the military family readi24 ness programs and activities of the Department of De25 fense undergo continuous evaluation in order to en-
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1 sure that resources are allocated and expended for

2 such programs and activities in the most effective pos3 sible manner throughout the Department.

4 ‘‘(c) ELEMENTS OF POLICY.—The policy required

5 under subsection (a) shall include the following elements:

6 ‘‘(1) A definition for treating a program or ac7 tivity of the Department of Defense as a military

8 family readiness program or activity.

9 ‘‘(2) Department of Defense-wide goals for mili10 tary family support, both for military families of

11 members of the regular components and military fam12 ilies of members of the reserve components.

13 ‘‘(3) Requirements for joint programs and activi14 ties for military family support.

15 ‘‘(4) Policies on access to military family sup16 port programs and activities based on military fam17 ily populations served and geographical location.

18 ‘‘(5) Metrics to measure the performance and ef19 fectiveness of the military family readiness programs

20 and activities of the Department of Defense.

21 ‘‘(d) ELEMENTS OF PLANS.—(1) Each plan under re22 quired under subsection (a) shall include the elements speci23 fied in paragraph (2) for the five-fiscal year period begin24 ning with the fiscal year in which such plan is submitted

25 under paragraph (3).
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1 ‘‘(2) The elements in each plan required under sub2 section (a) shall include, for the period covered by such

3 plan, the following:

4 ‘‘(A) An ongoing identification and assessment

5 of the effectiveness of the military family readiness

6 programs and activities of the Department of Defense

7 in meeting goals for such programs and activities,

8 which assessment shall evaluate such programs and

9 activities separately for each military department

10 and for each regular component and each reserve com11 ponent.

12 ‘‘(B) A description of the resources required to

13 support the military family readiness programs and

14 activities of the Department of Defense, including the

15 military personnel, civilian personnel, and volunteer

16 personnel so required.

17 ‘‘(C) An ongoing identification in gaps in the

18 military family readiness programs and activities of

19 the Department of Defense, and an ongoing identi20 fication of the resources required to address such gaps.

21 ‘‘(D) Mechanisms to apply the metrics developed

22 under subsection (c)(5).

23 ‘‘(E) A summary, by fiscal year, of the alloca24 tion of funds (including appropriated funds and non25 appropriated funds) for major categories of military
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1 family readiness programs and activities of the De2 partment of Defense, set forth for each of the military

3 departments and for the Office of the Secretary of De4 fense.

5 ‘‘(3) Not later than March 1, 2008, and each year

6 thereafter, the Secretary of Defense shall submit to the con7 gressional defense committees a report on the plans required

8 under subsection (a) for the five-fiscal year period begin9 ning with the fiscal year beginning in the year in which

10 such report is submitted. Each report shall include the

11 plans covered by such report and an assessment of the dis12 charge by the Department of Defense of the previous plans

13 submitted under this subsection.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of subchapter I of chapter 88

16 of such title, as so amended, is further amended by

17 inserting after the item relating to section 1781a the

18 following new item:

‘‘1781b. Department of Defense policy and plans for military family readiness.’’.

19 (3) REPORT ON POLICY.—The Secretary of De20 fense shall submit to the congressional defense com21 mittees a report setting forth the policy developed

22 under section 1781b of title 10, United States Code

23 (as added by this subsection), not later than February

24 1, 2009.
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1 (b) SURVEYS OF MILITARY FAMILIES.—Section

2 1782(a) of title 10, United States Code, is amended—

3 (1) in the heading, by striking ‘‘AUTHORITY’’

4 and inserting ‘‘IN GENERAL’’; and

5 (2) by striking ‘‘may conduct surveys’’ in the

6 matter preceding paragraph (1) and inserting ‘‘shall,

7 in fiscal year 2009 and not less often than once every

8 three fiscal years thereafter, conduct surveys’’.

9 SEC. 583. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF

10 THE ARMED FORCES UNDERGOING DEPLOY11 MENT, INCLUDING NATIONAL GUARD AND RE12 SERVE PERSONNEL.

13 (a) FAMILY SUPPORT.—

14 (1) IN GENERAL.—The Secretary of Defense shall

15 enhance and improve current programs of the Depart16 ment of Defense to provide family support for families

17 of deployed members of the Armed Forces, including

18 deployed members of the National Guard and Reserve,

19 in order to improve the assistance available for fami20 lies of such members before, during, and after their

21 deployment cycle.

22 (2) SPECIFIC ENHANCEMENTS.—In enhancing

23 and improving programs under paragraph (1), the

24 Secretary shall enhance and improve the availability

25 of assistance to families of members of the Armed
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1 Forces, including members of the National Guard and

2 Reserve, including assistance in—

3 (A) preparing and updating family care

4 plans;

5 (B) securing information on health care

6 and mental health care benefits and services and

7 on other community resources;

8 (C) providing referrals for—

9 (i) crisis services; and

10 (ii) marriage counseling and family

11 counseling; and

12 (D) financial counseling.

13 (b) POST-DEPLOYMENT ASSISTANCE FOR SPOUSES

14 AND PARENTS OF RETURNING MEMBERS.—

15 (1) IN GENERAL.—The Secretary of Defense shall

16 provide spouses and parents of members of the Armed

17 Forces, including members of the National Guard and

18 Reserve, who are returning from deployment assist19 ance in—

20 (A) understanding issues that arise in the

21 readjustment of such members—

22 (i) for members of the National Guard

23 and Reserve, to civilian life; and
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1 (ii) for members of the regular compo2 nents of the Armed Forces, to military life

3 in a non-combat environment;

4 (B) identifying signs and symptoms of men5 tal health conditions; and

6 (C) encouraging such members and their

7 families in seeking assistance for such condi8 tions.

9 (2) INFORMATION ON AVAILABLE RESOURCES.—

10 In providing assistance under paragraph (1), the Sec11 retary shall provide information on local resources for

12 mental health services, family counseling services, or

13 other appropriate services, including services avail14 able from both military providers of such services and

15 community-based providers of such services.

16 (3) TIMING.—The Secretary shall provide re17 sources under paragraph (1) to a member of the

18 Armed Forces approximately six months after the

19 date of the return of such member from deployment.
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1 SEC. 584. SUPPORT SERVICES FOR CHILDREN, INFANTS,

2 AND TODDLERS OF MEMBERS OF THE ARMED

3 FORCES UNDERGOING DEPLOYMENT, IN4 CLUDING NATIONAL GUARD AND RESERVE

5 PERSONNEL.

6 (a) ENHANCEMENT OF SUPPORT SERVICES FOR CHIL7 DREN.—The Secretary of Defense shall—

8 (1) provide information to parents and other

9 caretakers of children, including infants and toddlers,

10 who are deployed members of the Armed Forces to as11 sist such parents and caretakers in responding to the

12 adverse implications of such deployment (and the

13 death or injury of such members during such deploy14 ment) for such children, including the role such par15 ents and caretakers can play in addressing and miti16 gating such implications;

17 (2) develop programs and activities to increase

18 awareness throughout the military and civilian com19 munities of the potential adverse implications of such

20 deployment (including the death or injury of such

21 members during such deployment) for such children

22 and their families and to increase collaboration with23 in such communities to address and mitigate such

24 implications;

25 (3) develop training for early childhood edu26 cation, child care, mental health, health care, and
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1 family support professionals to enhance the awareness

2 of such professionals of their role in assisting families

3 in addressing and mitigating the potential adverse

4 implications of such deployment (including the death

5 or injury of such members during such deployment)

6 for such children; and

7 (4) conduct or sponsor research on best practices

8 for building psychological and emotional resiliency in

9 such children in coping with the deployment of such

10 members.

11 (b) REPORTS.—

12 (1) REPORTS REQUIRED.—At the end of the 18-

13 month period beginning on the date of the enactment

14 of this Act, and at the end of the 36-month period be15 ginning on that date, the Secretary of Defense shall

16 submit to Congress a report on the services provided

17 under subsection (a).

18 (2) ELEMENTS.—Each report under paragraph

19 (1) shall include the following:

20 (A) An assessment of the extent to which

21 outreach to parents and other caretakers of chil22 dren, or infants and toddlers, as applicable, of

23 members of the Armed Forces was effective in

24 reaching such parents and caretakers and in

25 mitigating any adverse effects of the deployment
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1 of such members on such children or infants and

2 toddlers.

3 (B) An assessment of the effectiveness of

4 training materials for education, mental health,

5 health, and family support professionals in in6 creasing awareness of their role in assisting fam7 ilies in addressing and mitigating the adverse ef8 fects on children, or infants and toddlers, of the

9 deployment of deployed members of the Armed

10 Forces, including National Guard and Reserve

11 personnel.

12 (C) A description of best practices identified

13 for building psychological and emotional resil14 iency in children, or infants and toddlers, in

15 coping with the deployment of deployed members

16 of the Armed Forces, including National Guard

17 and Reserve personnel.

18 (D) A plan for dissemination throughout

19 the military departments of the most effective

20 practices for outreach, training, and building

21 psychological and emotional resiliency in the

22 children of deployed members.
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1 SEC. 585. STUDY ON IMPROVING SUPPORT SERVICES FOR

2 CHILDREN, INFANTS, AND TODDLERS OF

3 MEMBERS OF THE ACTIVE AND RESERVE

4 COMPONENTS UNDERGOING DEPLOYMENT.

5 (a) STUDY REQUIRED.—

6 (1) STUDY.—The Secretary of Defense shall con7 duct a study to evaluate the feasibility and advis8 ability of entering into a contract or other agreement

9 with a private sector entity having expertise in the

10 health and well-being of families and children, in11 fants, and toddlers in order to enhance and develop

12 support services for children of members of the Active

13 and Reserve Components who are deployed.

14 (2) TYPES OF SUPPORT SERVICES.—In con15 ducting the study, the Secretary shall consider the

16 need—

17 (A) to develop materials for parents and

18 other caretakers of children of members of the Ac19 tive and Reserve Components who are deployed

20 to assist such parents and caretakers in respond21 ing to the adverse implications of such deploy22 ment (and the death or injury of such members

23 during such deployment) for such children, in24 cluding the role such parents and caretakers can

25 play in addressing and mitigating such implica26 tions;
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1 (B) to develop programs and activities to

2 increase awareness throughout the military and

3 civilian communities of the adverse implications

4 of such deployment (and the death or injury of

5 such members during such deployment) for such

6 children and their families and to increase col7 laboration within such communities to address

8 and mitigate such implications;

9 (C) to develop training for early child care

10 and education, mental health, health care, and

11 family support professionals to enhance the

12 awareness of such professionals of their role in

13 assisting families in addressing and mitigating

14 the adverse implications of such deployment (and

15 the death or injury of such members during such

16 deployment) for such children; and

17 (D) to conduct research on best practices for

18 building psychological and emotional resiliency

19 in such children in coping with the deployment

20 of such members.

21 (b) REPORT.—Not later than 180 days after the date

22 of the enactment of this Act, the Secretary of Defense shall

23 submit to Congress a report containing the results of the

24 study conducted under subsection (a).
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1 SEC. 586. STUDY ON ESTABLISHMENT OF PILOT PROGRAM

2 ON FAMILY-TO-FAMILY SUPPORT FOR FAMI3 LIES OF DEPLOYED MEMBERS OF THE ACTIVE

4 AND RESERVE COMPONENTS.

5 (a) STUDY.—The Secretary of Defense shall carry out

6 a study to evaluate the feasibility and advisability of estab7 lishing a pilot program on family-to-family support for

8 families of deployed members of the Active and Reserve

9 Components. The study shall include an assessment of the

10 following:

11 (1) The effectiveness of family-to-family support

12 programs in—

13 (A) providing peer support for families of

14 deployed members of the Active and Reserve

15 Components;

16 (B) identifying and preventing family prob17 lems in such families;

18 (C) reducing adverse outcomes for children

19 of such families, including poor academic per20 formance, behavioral problems, stress, and anx21 iety; and

22 (D) improving family readiness and post23 deployment transition for such families.

24 (2) The feasibility and advisability of utilizing

25 spouses of members of the Armed Forces as counselors

26 for families of deployed members of the Active and
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1 Reserve Components, in order to assist such families

2 in coping throughout the deployment cycle.

3 (3) Best practices for training spouses of mem4 bers of the Armed Forces to act as counselors for fami5 lies of deployed members of the Active and Reserve

6 Components.

7 (b) REPORT.—The Secretary of Defense shall submit

8 to Congress a report containing the results of the study con9 ducted under subsection (a) not later than 180 days after

10 the date of the enactment of this Act.

11 SEC. 587. PILOT PROGRAM ON MILITARY FAMILY READI12 NESS AND SERVICEMEMBER REINTEGRATION.

13 (a) PILOT PROGRAM.—

14 (1) IN GENERAL.—The Secretary of Defense shall

15 carry out a pilot program to assess the feasibility and

16 advisability of providing assistance and support to

17 the Adjutant General of a State or territory of the

18 United States to create comprehensive soldier and

19 family preparedness and reintegration outreach pro20 grams for members of the Armed Forces and their

21 families to further the purposes described in section

22 1781b(b) of title 10, United States Code, as added by

23 section 582(a) of this Act.

24 (2) COORDINATION.—In carrying out the pilot

25 program, the Secretary shall—
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1 (A) coordinate with the Department of De2 fense Military Family Readiness Council (estab3 lished under section 1781a of title, United States

4 Code, as added by section 581 of this Act); and

5 (B) consult with the Secretary of Veterans

6 Affairs.

7 (3) DESIGNATION.—The pilot program estab8 lished pursuant to paragraph (1) shall be known as

9 the ‘‘National Military Family Readiness and

10 Servicemember Reintegration Outreach Program’’ (in

11 this section referred to as ‘‘the pilot program’’).

12 (b) ASSISTANCE PROVIDED.—The Secretary shall

13 carry out the pilot program through assistance and support

14 to the Adjutant General of a State or territory of the United

15 States.

16 (c) PURPOSE OF ASSISTANCE AND SUPPORT.—

17 (1) The pilot program may develop programs of

18 outreach to members of the Armed Forces and their

19 family members to educate such members and their

20 family members about the assistance and services

21 available to them that meet the purposes of section

22 1781b(b) of title 10, United States Code, as added by

23 section 582(a) of this Act, and to assist such members

24 and their family members in obtaining such assist-
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1 ance and services. Such assistance and services may

2 include the following:

3 (A) Marriage counseling.

4 (B) Services for children.

5 (C) Suicide prevention.

6 (D) Substance abuse awareness and treat7 ment.

8 (E) Mental health awareness and treatment.

9 (F) Financial counseling.

10 (G) Anger management counseling.

11 (H) Domestic violence awareness and pre12 vention.

13 (I) Employment assistance.

14 (J) Development of strategies for living with

15 a member of the Armed Forces with post trau16 matic stress disorder or traumatic brain injury.

17 (K) Other services that may be appropriate

18 to address the unique needs of members of the

19 Armed Forces and their families who live in

20 rural or remote areas with respect to family

21 readiness and servicemember reintegration.

22 (L) Assisting members of the Armed Forces

23 and their families find and receive assistance

24 with military family readiness and
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1 servicemember reintegration, including referral

2 services.

3 (M) Development of strategies and programs

4 that recognize the need for long-term follow-up

5 services for reintegrating members of the Armed

6 Forces and their families for extended periods

7 following deployments, including between deploy8 ments.

9 (N) Assisting members of the Armed Forces

10 and their families in receiving services and as11 sistance from the Department of Veterans Af12 fairs, including referral services.

13 (2) PROVISION OF OUTREACH SERVICES.—A re14 cipient of a grant under this section shall carry out

15 programs of outreach in accordance with paragraph

16 (1) to members of the Armed Forces and their fami17 lies before, during, between, and after deployment of

18 such members of the Armed Forces.

19 (d) SELECTION OF GRANT RECIPIENTS.—

20 (1) APPLICATION.—An eligible entity seeking a

21 grant under the pilot program shall submit to the

22 Secretary an application therefor in such form and in

23 such manner as the Secretary considers appropriate.
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1 (2) ELEMENTS.—An application submitted

2 under subparagraph (A) shall include such elements

3 as the Secretary considers appropriate.

4 (3) PRIORITY.—In selecting eligible entities to

5 receive grants under the pilot program, the Secretary

6 shall give priority to eligible entities that propose

7 programs with a focus on personal outreach to mem8 bers of the Armed Forces and their families by

9 trained staff (with preference given to veterans and,

10 in particular, veterans of combat) conducted in per11 son.

12 Subtitle H—Other Matters

13 SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMU14 LATED LEAVE FOR MEMBERS OF THE ARMED

15 FORCES.

16 (a) INCREASE IN ACCUMULATION OF CARRYOVER

17 AMOUNT.—

18 (1) IN GENERAL.—Subsection (b) of section 701

19 of title 10, United States Code, is amended by strik20 ing ‘‘60 days’’ and inserting ‘‘90 days’’.

21 (2) HIGH DEPLOYMENT MEMBERS.—Paragraph

22 (1) of subsection (f) of such section is amended—

23 (A) by striking ‘‘60 days’’ each place it ap24 pears and inserting ‘‘90 days’’; and
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1 (B) in subparagraph (C), by striking ‘‘third

2 fiscal year’’ and inserting ‘‘fourth fiscal year’’.

3 (3) MEMBERS SERVING IN SUPPORT OF CONTIN4 GENCY OPERATIONS.—Paragraph (2) of subsection (f)

5 of such section is amended by striking ‘‘except for this

6 paragraph—’’ and all that follows and inserting ‘‘ex7 cept for this paragraph, would lose any accumulated

8 leave in excess of 90 days at the end of that fiscal

9 year, shall be permitted to retain such leave until the

10 end of the second fiscal year after the fiscal year in

11 which such service on active duty is terminated.’’.

12 (4) CONFORMING AMENDMENTS.—Subsection (g)

13 of such section is amended—

14 (A) by striking ‘‘60-day’’ and inserting ‘‘90-

15 day’’; and

16 (B) by striking ‘‘90-day’’ and inserting

17 ‘‘120-day’’.

18 (b) PAY.—Section 501(b) of title 37, United States

19 Code, is amended by adding at the end the following new

20 paragraph:

21 ‘‘(6) An enlisted member of the armed forces who would

22 lose accumulated leave in excess of 120 days of leave under

23 section 701(f)(1) of title 10 may elect to be paid in cash

24 or by a check on the Treasurer of the United States for any

25 leave in excess so accumulated for up to 30 days of such
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1 leave. A member may make an election under this para2 graph only once.’’.

3 (c) EFFECTIVE DATE.—

4 (1) INCREASE IN ACCUMULATION.—The amend5 ments made by subsection (a) shall take effect on Oc6 tober 1, 2008.

7 (2) PAY.—The amendment made by subsection

8 (b) shall take effect on the date of the enactment of

9 this Act.

10 SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILI11 TARY BANDS.

12 (a) IN GENERAL.—Chapter 49 of title 10, United

13 States Code, is amended by adding at the end the following

14 new section:

15 ‘‘§ 988. Performances by military bands

16 ‘‘(a) IN GENERAL.—Department of Defense bands, en17 sembles, choruses, or similar musical units, including indi18 vidual members thereof performing in an official capacity,

19 may not—

20 ‘‘(1) engage in the performance of music in com21 petition with local civilian musicians; or

22 ‘‘(2) receive remuneration for official perform23 ances.

24 ‘‘(b) PERFORMANCE OF MUSIC IN COMPETITION WITH

25 LOCAL CIVILIAN MUSICIANS DEFINED.—In this section, the
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1 term ‘performance of music in competition with local civil2 ian musicians’—

3 ‘‘(1) includes—

4 ‘‘(A) a performance of music that is more

5 than incidental to an event that is not supported

6 solely by appropriated funds or free to the pub7 lic; and

8 ‘‘(B) a performance of background, dinner,

9 dance, or other social music at any event, re10 gardless of location, that is not supported solely

11 by appropriated funds; but

12 ‘‘(2) does not include a performance of music—

13 ‘‘(A) at an official Federal Government

14 event that is supported solely by appropriated

15 funds;

16 ‘‘(B) at a concert, parade, or other event of

17 a patriotic nature (including a celebration of a

18 national holiday) that is free to the public; or

19 ‘‘(C) that is incidental to an event that is

20 not supported solely by appropriated funds, in21 cluding a short performance of military or patri22 otic music at the beginning or end of an event,

23 if the performance complies with such regula24 tions as the Secretary of Defense shall prescribe

25 for purposes of this section.
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1 ‘‘(c) MEMBERS OF DEPARTMENT OF DEFENSE BANDS

2 PERFORMING IN PERSONAL CAPACITY.—A member of a De3 partment of Defense band, ensemble, chorus, or similar mu4 sical unit may perform music in the member’s personal ca5 pacity, as an individual or part of a group, whether for

6 remuneration or otherwise, if in so performing the member

7 does not wear a military uniform or otherwise identify the

8 member as a member of the Department of Defense, as pro9 vided in applicable regulations and standards of conduct.

10 ‘‘(d) RECORDINGS.—(1) When authorized pursuant to

11 regulations prescribed by the Secretary of Defense for pur12 poses of this section, Department of Defense bands, ensem13 bles, choruses, or similar musical units may produce record14 ings for distribution to the public, at a cost not to exceed

15 production and distribution expenses.

16 ‘‘(2) Amounts received in payment for recording dis17 tributed to the public under this subsection shall be credited

18 to the appropriation or account providing the funds for the

19 production of such recordings. Any amounts so credited

20 shall be merged with amounts in the appropriation or ac21 count to which credited, and shall be available for the same

22 purposes, and subject to the same conditions and limita23 tions, as amounts in such appropriation or account.’’.

24 (b) CONFORMING REPEALS.—Sections 3634, 6223, and

25 8634 of such title are repealed.
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1 (c) CLERICAL AMENDMENTS.—

2 (1) The table of sections at the beginning of

3 chapter 49 of such title is amended by adding at the

4 end the following new item:

‘‘988. Performances by military bands.’’.

5 (2) The table of sections at the beginning of

6 chapter 349 of such title is amended by striking the

7 item relating to section 3634.

8 (3) The table of sections at the beginning of

9 chapter 565 of such title is amended by striking the

10 item relating to section 6223.

11 (4) The table of sections at the beginning of

12 chapter 849 of such title is amended by striking the

13 item relating to section 8634.

14 SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF

15 MEDALS OF HONOR TO CERTAIN MEMBERS

16 OF THE ARMY.

17 (a) WAIVER OF TIME LIMITATIONS.—Notwithstanding

18 the time limitations specified in section 3744 of title 10,

19 United States Code, or any other time limitation with re20 spect to the awarding of certain medals to persons who

21 served in the military service, the President may award the

22 Medal of Honor under section 3741 of that title to any of

23 the persons named in subsections (b), (c), (d), (e), and (f)

24 for the acts of valor referred to in the respective subsections.
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1 (b) WOODROW KEEBLE.—Subsection (a) applies with

2 respect to Woodrow W. Keeble, for conspicuous acts of gal3 lantry and intrepidity at the risk of his life above and be4 yond the call of duty as an acting platoon leader on October

5 20, 1950, during the Korean War.

6 (c) LESLIE SABO, JR.—Subsection (a) applies with re7 spect to Leslie H. Sabo, Jr., for conspicuous acts of gal8 lantry and intrepidity at the risk of his life above and be9 yond the call of duty on May 10, 1970, as an Army soldier,

10 serving in the grade of Specialist Grade Four in Vietnam,

11 with Company B, 3d Battalion, 506th Infantry Regiment,

12 101st Airborne Division.

13 (d) PHILIP SHADRACH.—Subsection (a) applies with

14 respect to Philip G. Shadrach, for conspicuous acts of gal15 lantry and intrepidity at the risk of his life above and be16 yond the call of duty on April 12, 1862, as a Union Soldier,

17 serving in the grade of Private during the Civil War, with

18 Company K, 2nd Ohio Volunteer Infantry Regiment.

19 (e) HENRY SVEHLA.—Subsection (a) applies with re20 spect to Henry Svehla, for conspicuous acts of gallantry and

21 intrepidity at the risk of his life above and beyond the call

22 of duty on June 12, 1952, as an Army soldier, serving in

23 the grade of Private First Class in Korea, with Company

24 F, 32d Infantry Regiment, 7th Infantry Division.
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1 (f) GEORGE WILSON.—Subsection (a) applies with re2 spect to George D. Wilson, for conspicuous acts of gallantry

3 and intrepidity at the risk of his life above and beyond the

4 call of duty on April 12, 1862, as a Union Soldier, serving

5 in the grade of Private during the Civil War, with Com6 pany B, 2nd Ohio Volunteer Infantry Regiment.

7 SEC. 594. ENHANCEMENT OF REST AND RECUPERATION

8 LEAVE.

9 Section 705(b)(2) of title 10, United States Code, is

10 amended by inserting ‘‘for members whose qualifying tour

11 of duty is 12 months or less, or for not more than 20 days

12 for members whose qualifying tour of duty is longer than

13 12 months,’’ after ‘‘for not more than 15 days’’.

14 SEC. 595. DEMONSTRATION PROJECTS ON THE PROVISION

15 OF SERVICES TO MILITARY DEPENDENT CHIL16 DREN WITH AUTISM.

17 (a) DEMONSTRATION PROJECTS AUTHORIZED.—

18 (1) IN GENERAL.—The Secretary of Defense may

19 conduct one or more demonstration projects to evalu20 ate improved approaches to the provision of education

21 and treatment services to military dependent children

22 with autism.

23 (2) PURPOSE.—The purpose of any demonstra24 tion project carried out under this section shall be to

25 evaluate strategies for integrated treatment and case
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1 manager services that include early intervention and

2 diagnosis, medical care, parent involvement, special

3 education services, intensive behavioral intervention,

4 and language, communications, and other interven5 tions considered appropriate by the Secretary.

6 (b) REVIEW OF BEST PRACTICES.—In carrying out

7 demonstration projects under this section, the Secretary of

8 Defense shall, in coordination with the Secretary of Edu9 cation, conduct a review of best practices in the United

10 States in the provision of education and treatment services

11 for children with autism, including an assessment of Fed12 eral and State education and treatment services for children

13 with autism in each State, with an emphasis on locations

14 where members of the Armed Forces who qualify for enroll15 ment in the Exceptional Family Member Program of the

16 Department of Defense are assigned.

17 (c) ELEMENTS.—

18 (1) ENROLLMENT IN EXCEPTIONAL FAMILY MEM19 BER PROGRAM.—Military dependent children may

20 participate in a demonstration project under this sec21 tion only if their military sponsor is enrolled in the

22 Exceptional Family Member Program of the Depart23 ment of Defense.

24 (2) CASE MANAGERS.—Each demonstration

25 project shall include the assignment of both medical
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1 and special education services case managers which

2 shall be required under the Exceptional Family Mem3 ber Program pursuant to the policy established by the

4 Secretary of Defense.

5 (3) INDIVIDUALIZED SERVICES PLAN.—Each

6 demonstration project shall provide for the voluntary

7 development for military dependent children with au8 tism participating in such demonstration project of

9 individualized autism services plans for use by De10 partment of Defense medical and special education

11 services case managers, caregivers, and families to en12 sure continuity of services throughout the active mili13 tary service of their military sponsor.

14 (4) SUPERVISORY LEVEL PROVIDERS.—The Sec15 retary of Defense may utilize for purposes of the dem16 onstration projects personnel who are professionals

17 with a level (as determined by the Secretary) of post18 secondary education that is appropriate for the provi19 sion of safe and effective services for autism and who

20 are from an accredited educational facility in the

21 mental health, human development, social work, or

22 education field to act as supervisory level providers of

23 behavioral intervention services for autism. In so act24 ing, such personnel may be authorized—
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1 (A) to develop and monitor intensive behav2 ior intervention plans for military dependent

3 children with autism who are participating in

4 the demonstration projects; and

5 (B) to provide appropriate training in the

6 provision of approved services to such children.

7 (5) SERVICES UNDER CORPORATE SERVICES PRO8 VIDER MODEL.—(A) In carrying out the demonstra9 tion projects, the Secretary may utilize a corporate

10 services provider model.

11 (B) Employees of a provider under a model re12 ferred to in subparagraph (A) shall include personnel

13 who implement special educational and behavioral

14 intervention plans for military dependent children

15 with autism that are developed, reviewed, and main16 tained by supervisory level providers approved by the

17 Secretary.

18 (C) In authorizing such a model, the Secretary

19 shall establish—

20 (i) minimum education, training, and expe21 rience criteria required to be met by employees

22 who provide services to military dependent chil23 dren with autism;

24 (ii) requirements for supervisory personnel

25 and supervision, including requirements for su-
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1 pervisor credentials and for the frequency and

2 intensity of supervision; and

3 (iii) such other requirements as the Sec4 retary considers appropriate to ensure safety and

5 the protection of the children who receive services

6 from such employees under the demonstration

7 projects.

8 (6) CONSTRUCTION WITH OTHER SERVICES.—

9 Services provided to military dependent children with

10 autism under the demonstration projects under this

11 section shall be in addition to any other publicly12 funded special education services available in a loca13 tion in which their military sponsor resides.

14 (d) PERIOD.—

15 (1) COMMENCEMENT.—If the Secretary deter16 mines to conduct demonstration projects under this

17 section, the Secretary shall commence any such dem18 onstration projects not later than 180 days after the

19 date of the enactment of this Act.

20 (2) MINIMUM PERIOD.—Any demonstration

21 projects conducted under this section shall be con22 ducted for not less than two years.

23 (e) EVALUATION.—
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1 (1) IN GENERAL.—The Secretary shall conduct

2 an evaluation of each demonstration project conducted

3 under this section.

4 (2) ELEMENTS.—The evaluation of a demonstra5 tion project under this subsection shall include the fol6 lowing:

7 (A) An assessment of the extent to which the

8 activities under the demonstration project con9 tributed to positive outcomes for military de10 pendent children with autism and their families.

11 (B) An assessment of the extent to which the

12 activities under the demonstration project led to

13 improvements in services and continuity of care

14 for children with autism.

15 (C) An assessment of the extent to which the

16 activities under the demonstration project im17 proved military family readiness and enhanced

18 military retention.

19 (f) REPORTS.—Not later than 30 months after the

20 commencement of any demonstration project authorized by

21 this section, the Secretary shall submit to the Committees

22 on Armed Services of the Senate and the House of Rep23 resentatives a report on such demonstration project. The re24 port on a demonstration project shall include a description

25 of such project, the results of the evaluation under subsection
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1 (e) with respect to such project, and a description of plans

2 for the further provision of services for military dependent

3 children with autism under such project.

4 SEC. 596. ENHANCEMENT OF CERTIFICATE OF RELEASE OR

5 DISCHARGE FROM ACTIVE DUTY.

6 The Secretary of Defense shall, in consultation with

7 the Secretary of Veterans Affairs, modify the Certificate of

8 Release or Discharge from Active Duty (Department of De9 fense from DD214) in order to permit a member of the

10 Armed Forces, upon discharge or release from active duty

11 in the Armed Forces, to elect the forwarding of the Certifi12 cate to the following:

13 (1) The Central Office of the Department of Vet14 erans Affairs in Washington, District of Columbia.

15 (2) The appropriate office of the United States

16 Department of Veterans in the State in which the

17 member will first reside after such discharge or re18 lease.

19 SEC. 597. ADMINISTRATIVE SEPARATIONS OF MEMBERS OF

20 THE ARMED FORCES FOR PERSONALITY DIS21 ORDER.

22 (a) CLINICAL REVIEW OF ADMINISTRATIVE SEPARA23 TIONS BASED ON PERSONALITY DISORDER.—

24 (1) REVIEW OF SEPARATIONS OF CERTAIN MEM25 BERS.—Not later than 30 days after the date of the
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1 enactment of this Act, and continuing until the Sec2 retary of Defense submits to Congress the report re3 quired by subsection (b), a covered member of the

4 Armed Forces may not, except as provided in para5 graph (2), be administratively separated from the

6 Armed Forces on the basis of a personality disorder.

7 (2) CLINICAL REVIEW OF PROPOSED SEPARA8 TIONS BASED ON PERSONALITY DISORDER.—

9 (A) IN GENERAL.—A covered member of the

10 Armed Forces may be administratively separated

11 from the Armed Forces on the basis of a person12 ality disorder under this paragraph if a clinical

13 review of the case is conducted by a senior officer

14 in the office of the Surgeon General of the Armed

15 Force concerned who is a credentialed mental

16 health provider and who is fully qualified to re17 view cases involving maladaptive behavior (per18 sonality disorder), diagnosis and treatment of

19 post-traumatic stress disorder, or other mental

20 health conditions.

21 (B) PURPOSES OF REVIEW.—The purposes

22 of the review with respect to a member under

23 subparagraph (A) are as follows:
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1 (i) To determine whether the diagnosis

2 of personality order in the member is cor3 rect and fully documented.

4 (ii) To determine whether evidence of

5 other mental health conditions (including

6 depression, post-traumatic stress disorder,

7 substance abuse, or traumatic brain injury)

8 resulting from service in a combat zone may

9 exist in the member which indicate that the

10 separation of the member from the Armed

11 Forces on the basis of a personality disorder

12 is inappropriate pending diagnosis and

13 treatment, and, if so, whether initiation of

14 medical board procedures for the member is

15 warranted.

16 (b) SECRETARY OF DEFENSE REPORT ON ADMINIS17 TRATIVE SEPARATIONS BASED ON PERSONALITY DIS18 ORDER.—

19 (1) REPORT REQUIRED.—Not later than April 1,

20 2008, the Secretary of Defense shall submit to the

21 Committees on Armed Services of the Senate and the

22 House of Representatives a report on all cases of ad23 ministrative separation from the Armed Forces of

24 covered members of the Armed Forces on the basis of

25 a personality disorder.
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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following:

3 (A) A statement of the total number of

4 cases, by Armed Force, in which covered mem5 bers of the Armed Forces have been separated

6 from the Armed Forces on the basis of a person7 ality disorder, and an identification of the var8 ious forms of personality order forming the basis

9 for such separations.

10 (B) A statement of the total number of

11 cases, by Armed Force, in which covered mem12 bers of the Armed Forces who have served in Iraq

13 and Afghanistan since October 2001 have been

14 separated from the Armed Forces on the basis of

15 a personality disorder, and the identification of

16 the various forms of personality disorder forming

17 the basis for such separations.

18 (C) A summary of the policies, by Armed

19 Forces, controlling administrative separations of

20 members of the Armed Forces based on person21 ality disorder, and an evaluation of the ade22 quacy of such policies for ensuring that covered

23 members of the Armed Forces who may be eligi24 ble for disability evaluation due to mental health

25 conditions are not separated from the Armed
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1 Forces prematurely or unjustly on the basis of a

2 personality order.

3 (D) A discussion of measures being imple4 mented to ensure that members of the Armed

5 Forces who should be evaluated for disability

6 separation or retirement due to mental health

7 conditions are not prematurely or unjustly proc8 essed for separation from the Armed Forces on

9 the basis of a personality disorder, and rec10 ommendations regarding how members of the

11 Armed Forces who may have been so separated

12 from the Armed Forces should be provided with

13 expedited review by the applicable board for the

14 correction of military records.

15 (c) COMPTROLLER GENERAL REPORT ON POLICIES ON

16 ADMINISTRATIVE SEPARATION BASED ON PERSONALITY

17 DISORDER.—

18 (1) REPORT REQUIRED.—Not later than June 1,

19 2008, the Comptroller General shall submit to Con20 gress a report on the policies and procedures of the

21 Department of Defense and of the military depart22 ments relating to the separation of members of the

23 Armed Forces based on a personality disorder.

24 (2) ELEMENTS.—The report required by para25 graph (1) shall—
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1 (A) include an audit of a sampling of cases

2 to determine the validity and clinical efficacy of

3 the policies and procedures referred to in para4 graph (1) and the extent, if any, of the diver5 gence between the terms of such policies and pro6 cedures and the implementation of such policies

7 and procedures; and

8 (B) include a determination by the Comp9 troller General of whether, and to what extent,

10 the policies and procedures referred to in para11 graph (1)—

12 (i) deviate from standard clinical diag13 nostic practices and current clinical stand14 ards; and

15 (ii) provide adequate safeguards aimed

16 at ensuring that members of the Armed

17 Forces who suffer from mental health condi18 tions (including depression, post-traumatic

19 stress disorder, or traumatic brain injury)

20 resulting from service in a combat zone are

21 not prematurely or unjustly separated from

22 the Armed Forces on the basis of a person23 ality disorder.
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1 (d) COVERED MEMBER OF THE ARMED FORCES DE2 FINED.—In this section, the term ‘‘covered member of the

3 Armed Forces’’includes the following:

4 (1) Any member of a regular component of the

5 Armed Forces of the Armed Forces who has served in

6 Iraq or Afghanistan since October 2001.

7 (2) Any member of the Selected Reserve of the

8 Ready Reserve of the Armed Forces who served on ac9 tive duty in Iraq or Afghanistan since October 2001.

10 TITLE VI—COMPENSATION AND

11 OTHER PERSONNEL BENEFITS

12 Subtitle A—Pay and Allowances

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

14 PAY.

15 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad16 justment to become effective during fiscal year 2008 re17 quired by section 1009 of title 37, United States Code, in

18 the rates of monthly basic pay authorized members of the

19 uniformed services shall not be made.

20 (b) INCREASE IN BASIC PAY.—Effective on January

21 1, 2008, the rates of monthly basic pay for members of the

22 uniformed services are increased by 3.5 percent.
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1 SEC. 602. ALLOWANCE FOR PARTICIPATION OF RESERVES

2 IN ELECTRONIC SCREENING.

3 (a) ALLOWANCE FOR PARTICIPATION IN ELECTRONIC

4 SCREENING.—

5 (1) IN GENERAL.—Chapter 7 of title 37, United

6 States Code, is amended by inserting after section 433

7 the following new section:

8 ‘‘§ 433a. Allowance for participation in Ready Reserve

9 screening

10 ‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under regula11 tions prescribed by the Secretaries concerned, a member of

12 the Individual Ready Reserve may be paid a stipend for

13 participation in the screening performed pursuant to sec14 tion 10149 of title 10, in lieu of muster duty performed

15 under section 12319 of title 10, if such participation is con16 ducted through electronic means.

17 ‘‘(2) The stipend paid a member under this section

18 shall constitute the sole monetary allowance authorized for

19 participation in the screening described in paragraph (1),

20 and shall constitute payment in full to the member for par21 ticipation in such screening, regardless of the grade or rank

22 in which the member is serving.

23 ‘‘(b) MAXIMUM PAYMENT.—The aggregate amount of

24 the stipend paid a member of the Individual Ready Reserve

25 under this section in any calendar year may not exceed

26 $50.
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1 ‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend au2 thorized by this section may not be disbursed in kind.

3 ‘‘(2) Payment of a stipend to a member of the Indi4 vidual Ready Reserve under this section for participation

5 in screening shall be made on or after the date of participa6 tion in such screening, but not later than 30 days after such

7 date.’’.

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 7 of such title is

10 amended by inserting after the item relating to sec11 tion 433 the following new item:

‘‘433a. Allowance for participation in Ready Reserve screening.’’.

12 (b) BAR TO DUAL COMPENSATION.—Section 206 of

13 such title is amended by adding at the end the following

14 new subsection:

15 ‘‘(f) A member of the Individual Ready Reserve is not

16 entitled to compensation under this section for participa17 tion in screening for which the member is paid a stipend

18 under section 433a of this title.’’.

19 (c) BAR TO RETIREMENT CREDIT.—Section 12732(b)

20 of title 10, United States Code, is amended by adding at

21 the end the following new paragraph:

22 ‘‘(8) Service in the screening performed pursuant

23 to section 10149 of this title through electronic means,

24 regardless of whether or not a stipend is paid the
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1 member concerned for such service under section 433a

2 of title 37.’’.

3 SEC. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CON4 TRIBUTIONS OF MEMBERS PARTICIPATING IN

5 THRIFT SAVINGS PLAN.

6 Section 1014 of title 37, United States Code, is amend7 ed by adding at the end the following new subsection:

8 ‘‘(c) Subsection (a) does not preclude a payment with

9 respect to a member who elects to participate in the Thrift

10 Savings Plan under section 211 of this title of an amount

11 equal to one-half of the monthly deposit to the Thrift Sav12 ings Fund otherwise to be made by the member in partici13 pating in the Plan, which amount shall be deposited in the

14 Fund at midmonth.’’.

15 SEC. 604. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL

16 COSTS FOR CERTAIN SELECTED RESERVE

17 MEMBERS.

18 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.—

19 (1) IN GENERAL.—Chapter 7 of title 37, United

20 States Code, is amended by inserting after section 408

21 the following new section:

22 ‘‘§ 408a. Travel and transportation allowances: inac23 tive duty training

24 ‘‘(a) ALLOWANCE AUTHORIZED.—Under regulations

25 prescribed by the Secretary of Defense, the Secretary con-
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1 cerned may reimburse a member of the Selected Reserve of

2 the Ready Reserve described in subsection (b) for travel ex3 penses for travel to an inactive duty training location to

4 perform inactive duty training.

5 ‘‘(b) ELIGIBLE MEMBERS.—A member of the Selected

6 Reserve of the Ready Reserve described in this subsection

7 is a member who—

8 ‘‘(1) is—

9 ‘‘(A) qualified in a skill designated as criti10 cally short by the Secretary concerned;

11 ‘‘(B) assigned to a unit of the Selected Re12 serve with a critical manpower shortage, or is in

13 a pay grade in the member’s reserve component

14 with a critical manpower shortage; or

15 ‘‘(C) assigned to a unit or position that is

16 disestablished or relocated as a result of defense

17 base closure or realignment or another force

18 structure reallocation; and

19 ‘‘(2) commutes a distance from the member’s per20 manent residence to the member’s inactive duty train21 ing location that is outside the normal commuting

22 distance (as determined under regulations prescribed

23 by the Secretary of Defense) for that commute.
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1 ‘‘(c) MAXIMUM AMOUNT.—The maximum amount of

2 reimbursement provided a member under subsection (a) for

3 each round trip to a training location shall be $300.

4 ‘‘(d) TERMINATION.—No reimbursement may be pro5 vided under this section for travel that occurs after Decem6 ber 31, 2010.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 7 of such title is

9 amended by inserting after the item relating to sec10 tion 408 the following new item:

‘‘408a. Travel and transportation allowances: inactive duty training.’’.

11 (b) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall take effect on October 1, 2007. No reim13 bursement may be provided under section 408a of title 37,

14 United States Code (as added by subsection (a)), for travel

15 costs incurred before October 1, 2007.

16 SEC. 605. EXTENSION AND ENHANCEMENT OF AUTHORITY

17 FOR TEMPORARY LODGING EXPENSES FOR

18 MEMBERS OF THE ARMED FORCES IN AREAS

19 SUBJECT TO MAJOR DISASTER DECLARATION

20 OR FOR INSTALLATIONS EXPERIENCING SUD21 DEN INCREASE IN PERSONNEL LEVELS.

22 (a) MAXIMUM PERIOD OF RECEIPT OF EXPENSES.—

23 Section 404a(c)(3) of title 37, United States Code, is

24 amended by striking ‘‘20 days’’ and inserting ‘‘60 days’’.
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1 (b) EXTENSION OF AUTHORITY FOR INCREASE IN CER2 TAIN BAH.—Section 403(b)(7)(E) of such title is amended

3 by striking ‘‘December 31, 2008’’ and inserting ‘‘December

4 31, 2009’’.

5 (c) EFFECTIVE DATE.—The amendments made by this

6 section shall take effect on October 1, 2007.

7 Subtitle B—Bonuses and Special

8 and Incentive Pays

9 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL

10 PAY AUTHORITIES FOR RESERVE FORCES.

11 (a) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(g) of title 37, United States Code, is amended

13 by striking ‘‘December 31, 2007’’ and inserting ‘‘December

14 31, 2008’’.

15 (b) SELECTED RESERVE AFFILIATION OR ENLISTMENT

16 BONUS.—Section 308c(i) of such title is amended by strik17 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31,

18 2008’’.

19 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

20 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

21 such title is amended by striking ‘‘December 31, 2007’’ and

22 inserting ‘‘December 31, 2008’’.

23 (d) READY RESERVE ENLISTMENT BONUS FOR PER24 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of
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1 such title is amended by striking ‘‘December 31, 2007’’ and

2 inserting ‘‘December 31, 2008’’.

3 (e) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec5 tion 308h(e) of such title is amended by striking ‘‘December

6 31, 2007’’ and inserting ‘‘December 31, 2008’’.

7 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

8 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such

9 title is amended by striking ‘‘December 31, 2007’’ and in10 serting ‘‘December 31, 2008’’.

11 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL

12 PAY AUTHORITIES FOR HEALTH CARE PRO13 FESSIONALS.

14 (a) NURSE OFFICER CANDIDATE ACCESSION PRO15 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

16 is amended by striking ‘‘December 31, 2007’’ and inserting

17 ‘‘December 31, 2008’’.

18 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

19 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

20 RESERVE.—Section 16302(d) of such title is amended by

21 striking ‘‘January 1, 2008’’ and inserting ‘‘January 1,

22 2009’’.

23 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

24 Section 302d(a)(1) of title 37, United States Code, is
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1 amended by striking ‘‘December 31, 2007’’ and inserting

2 ‘‘December 31, 2008’’.

3 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES4 THETISTS.—Section 302e(a)(1) of such title is amended by

5 striking ‘‘December 31, 2007’’ and inserting ‘‘December 31,

6 2008’’.

7 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

8 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL9 TIES.—Section 302g(e) of such title is amended by striking

10 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.

11 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec12 tion 302h(a)(1) of such title is amended by striking ‘‘De13 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’.

14 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

15 Section 302j(a) of such title is amended by striking ‘‘De16 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’.

17 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

18 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

19 302k(f) of such title is amended by striking ‘‘December 31,

20 2007’’ and inserting ‘‘December 31, 2008’’.

21 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI22 CERS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Sec23 tion 302l(g) of such title is amended by striking ‘‘December

24 31, 2007’’ and inserting ‘‘December 31, 2008’’.
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1 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU2 THORITIES FOR NUCLEAR OFFICERS.

3 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

4 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(f)

5 of title 37, United States Code, is amended by striking ‘‘De6 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’.

7 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

8 312b(c) of such title is amended by striking ‘‘December 31,

9 2007’’ and inserting ‘‘December 31, 2008’’.

10 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

11 Section 312c(d) of such title is amended by striking ‘‘De12 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’.

13 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY14 MENT OF OTHER BONUSES AND SPECIAL

15 PAYS.

16 (a) AVIATION OFFICER RETENTION BONUS.—Section

17 301b(a) of title 37, United States Code, is amended by strik18 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31,

19 2008’’.

20 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

21 Section 308(g) of such title is amended by striking ‘‘Decem22 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’.

23 (c) ENLISTMENT BONUS.—Section 309(e) of such title

24 is amended by striking ‘‘December 31, 2007’’ and inserting

25 ‘‘December 31, 2008’’.
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1 (d) RETENTION BONUS FOR MEMBERS WITH CRITICAL

2 MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

3 UNITS.—Section 323(i) of such title is amended by striking

4 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.

5 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT6 ICAL SKILLS.—Section 324(g) of such title is amended by

7 striking ‘‘December 31, 2007’’ and inserting ‘‘December 31,

8 2008’’.

9 (f) INCENTIVE BONUS FOR CONVERSION TO MILITARY

10 OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORT11 AGE.—Section 326(g) of such title is amended by striking

12 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.

13 (g) ACCESSION BONUS FOR OFFICER CANDIDATES.—

14 Section 330(f) of such title is amended by striking ‘‘Decem15 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’.

16 SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND

17 MULTIYEAR RETENTION BONUS FOR MED18 ICAL OFFICERS OF THE ARMED FORCES.

19 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of

20 title 37, United States Code, is amended by striking

21 ‘‘$50,000’’ and inserting ‘‘$75,000’’.

22 (b) MULTIYEAR RETENTION BONUS.—Section

23 301d(a)(2) of such title is amended by striking ‘‘$50,000’’

24 and inserting ‘‘$75,000’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on October 1, 2007.

3 SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE4 CIAL PAY.

5 (a) INCREASE.—Section 302b(a)(4) of title 37, United

6 States Code, is amended—

7 (1) in the matter preceding subparagraph (A),

8 by striking ‘‘at the following rates’’ and inserting ‘‘at

9 a rate determined by the Secretary concerned, which

10 rate may not exceed the following’’;

11 (2) in subparagraph (A), by striking ‘‘$4,000’’

12 and inserting ‘‘$10,000’’; and

13 (3) in subparagraph (B), by striking ‘‘$6,000’’

14 and inserting ‘‘$12,000’’.

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall take effect on October 1, 2007, and shall

17 apply to payments of dental officer additional special pay

18 under agreements entered into under section 302b(b) of title

19 37, United States Code, on or after that date.

20 SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.

21 (a) IN GENERAL.—The text of section 305 of title 37,

22 United States Code, is amended to read as follows:

23 ‘‘(a) AUTHORITY.—A member of a uniformed service

24 who is entitled to basic pay may be paid special pay under
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1 this section while the member is performing duty that is

2 designated by the Secretary of Defense as hardship duty.

3 ‘‘(b) PAYMENT ON MONTHLY OR LUMP SUM BASIS.—

4 Special pay payable under this section may be paid on a

5 monthly basis or in a lump sum.

6 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum

7 monthly rate of special pay payable to a member on a

8 monthly basis under this section is $1,500.

9 ‘‘(2) The amount of the lump sum payment of special

10 pay payable to a member on a lump sum basis under this

11 section may not exceed an amount equal to the product of—

12 ‘‘(A) the maximum monthly rate authorized

13 under paragraph (1) at the time the member qualifies

14 for payment of special pay on a lump sum basis

15 under this section; and

16 ‘‘(B) the number of months for which special pay

17 on a lump sum basis under this section is payable to

18 the member.

19 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW20 ANCES.—Special pay paid to a member under this section

21 is in addition to any other pay and allowances to which

22 the member is entitled.

23 ‘‘(e) REPAYMENT.—A member who is paid special pay

24 in a lump sum under this section, but who fails to complete

25 the period of service for which such special pay is paid,
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1 shall be subject to the repayment provisions of section

2 303a(e) of this title.

3 ‘‘(f) REGULATIONS.—The Secretary of Defense shall

4 prescribe regulations for the payment of hardship duty pay

5 under this section, including the specific rates at which spe6 cial pay payable under this section on a monthly basis shall

7 be paid.’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on October 1, 2007, and shall

10 apply with respect to hardship duty pay payable on or after

11 that date.

12 SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREW13 MEMBER OF MULTI-CREWED SHIP IN SEA

14 DUTY FOR CAREER SEA PAY.

15 (a) IN GENERAL.—Section 305a(e)(1)(A) of title 37,

16 United States Code, is amended—

17 (1) in clause (ii), by striking ‘‘or’’ at the end;

18 and

19 (2) by adding at the end the following new

20 clause:

21 ‘‘(iv) while serving as an off-cycle crew22 member of a multi-crewed ship; or’’.

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect on October 1, 2007, and shall
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1 apply with respect to months beginning on or after that

2 date.

3 SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR

4 MEMBERS OF THE SELECTED RESERVE.

5 (a) MINIMUM PERIOD OF REENLISTMENT.—Sub6 section (a)(2) of section 308b of title 37, United States Code,

7 is amended by striking ‘‘for a period of three years or for

8 a period of six years’’ and inserting ‘‘for a period of not

9 less than three years’’.

10 (b) AMOUNT OF BONUS.—Subsection (b)(1) of such sec11 tion is amended by striking ‘‘may not exceed—’’ and all

12 that follows and inserting ‘‘may not exceed $15,000.’’.

13 (c) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on October 1, 2007, and shall apply

15 with respect to reenlistments or extensions of enlistment

16 that occur on or after that date.

17 SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE

18 COVERED BY AGREEMENTS FOR NUCLEAR19 QUALIFIED OFFICERS EXTENDING PERIODS

20 OF ACTIVE DUTY.

21 (a) INCREASE.—Section 312 of title 37, United States

22 Code, is amended—

23 (1) in subsection (a)(3), by striking ‘‘26 years’’

24 and inserting ‘‘30 years’’; and
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1 (2) in subsection (e)(1), by striking ‘‘26 years’’

2 and inserting ‘‘30 years’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on the date of the enactment

5 of this Act, and shall apply with respect to agreements, in6 cluding new agreements, entered into under section 312 of

7 title 37, United States Code, on or after that date.

8 SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY

9 LIMIT FOR RETENTION BONUS FOR CRITICAL

10 MILITARY SKILLS WITH RESPECT TO CERTAIN

11 MEMBERS.

12 (a) AUTHORITY.—Section 323(e) of title 37, United

13 States Code, is amended by adding at the end the following

14 new paragraph:

15 ‘‘(4) The limitations in paragraph (1) may be waived

16 by the Secretary of Defense, or by the Secretary of Home17 land Security with respect to the Coast Guard when it is

18 not operating as a service in the Navy, with respect to a

19 member who is assigned duties in a critical skill designated

20 by such Secretary for purposes of this paragraph during

21 the period of active duty for which the bonus is being of22 fered.’’.

23 (b) EFFECTIVE DATE.—The amendment made by this

24 section shall take effect on October 1, 2007, and shall apply

25 with respect to written agreements that are executed, or re-
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1 enlistments or extensions of enlistment that occur, under

2 section 323 of title 37, United States Code, on or after that

3 date.

4 SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHOR5 ITY TO PAY BONUS TO ENCOURAGE MEMBERS

6 OF THE ARMY TO REFER OTHER PERSONS

7 FOR ENLISTMENT IN THE ARMY.

8 (a) CODIFICATION AND IMPROVEMENT OF BONUS AU9 THORITY.—

10 (1) IN GENERAL.—Chapter 5 of title 37, United

11 States Code, is amended by adding at the end the fol12 lowing new section:

13 ‘‘§ 331. Bonus to encourage Army personnel to refer

14 other persons for enlistment in the Army

15 ‘‘(a) AUTHORITY TO PAY BONUS.—

16 ‘‘(1) AUTHORITY.—The Secretary of the Army

17 may pay a bonus under this section to an individual

18 referred to in paragraph (2) who refers to an Army

19 recruiter a person who has not previously served in

20 an armed force and who, after such referral, enlists

21 in the regular component of the Army or in the Army

22 National Guard or Army Reserve.

23 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub24 ject to subsection (c), the following individuals are eli25 gible for a referral bonus under this section:
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1 ‘‘(A) A member in the regular component of

2 the Army.

3 ‘‘(B) A member of the Army National

4 Guard.

5 ‘‘(C) A member of the Army Reserve.

6 ‘‘(D) A member of the Army in a retired

7 status, including a member under 60 years of

8 age who, but for age, would be eligible for retired

9 pay.

10 ‘‘(E) A civilian employee of the Department

11 of the Army.

12 ‘‘(b) REFERRAL.—For purposes of this section, a refer13 ral for which a bonus may be paid under subsection (a)

14 occurs—

15 ‘‘(1) when the individual concerned contacts an

16 Army recruiter on behalf of a person interested in en17 listing in the Army; or

18 ‘‘(2) when a person interested in enlisting in the

19 Army contacts the Army recruiter and informs the re20 cruiter of the role of the individual concerned in ini21 tially recruiting the person.

22 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.—

23 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A

24 member of the Army may not be paid a bonus under
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1 subsection (a) for the referral of an immediate family

2 member.

3 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A mem4 ber of the Army serving in a recruiting or retention

5 assignment, or assigned to other duties regarding

6 which eligibility for a bonus under subsection (a)

7 could (as determined by the Secretary) be perceived as

8 creating a conflict of interest, may not be paid a

9 bonus under subsection (a).

10 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

11 CORPS INSTRUCTORS.—A member of the Army de12 tailed under subsection (c)(1) of section 2031 of title

13 10 to serve as an administrator or instructor in the

14 Junior Reserve Officers’ Training Corps program or

15 a retired member of the Army employed as an admin16 istrator or instructor in the program under subsection

17 (d) of such section may not be paid a bonus under

18 subsection (a).

19 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus

20 payable for a referral under subsection (a) may not exceed

21 $2,000. The amount shall be payable as provided in sub22 section (e).

23 ‘‘(e) PAYMENT.—A bonus payable for a referral of a

24 person under subsection (a) shall be paid as follows:
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1 ‘‘(1) Not more than $1,000 shall be paid upon

2 the commencement of basic training by the person.

3 ‘‘(2) Not more than $1,000 shall be paid upon

4 the completion of basic training and individual ad5 vanced training by the person.

6 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The

7 referral bonus authorized by this section is not a bounty

8 for purposes of section 514(a) of title 10.

9 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

10 PAY.—A bonus paid under this section to a member of the

11 Army in a retired status is in addition to any compensa12 tion to which the member is entitled under title 10, 37, or

13 38, or any other provision of law.

14 ‘‘(h) DURATION OF AUTHORITY.—A bonus may not be

15 paid under subsection (a) with respect to any referral that

16 occurs after December 31, 2008.’’.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 5 of such title is

19 amended by adding at the end the following new item:

‘‘331. Bonus to encourage Army personnel to refer other persons for enlistment in

the Army.’’.

20 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

21 645 of the National Defense Authorization Act for Fiscal

22 Year 2006 (Public Law 109–163), as amended, is repealed.

23 (c) PAYMENT OF BONUSES UNDER SUPERSEDED AU24 THORITY.—Any bonus payable under section 645 of the Na-
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1 tional Defense Authorization Act for Fiscal Year 2006, as

2 amended, as of the day before the date of the enactment of

3 this Act shall remain payable after that date in accordance

4 with the provisions of such section as in effect on such day.

5 SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DE6 PARTMENT OF DEFENSE PERSONNEL TO

7 REFER OTHER PERSONS FOR APPOINTMENT

8 AS OFFICERS TO SERVE IN HEALTH PROFES9 SIONS.

10 (a) IN GENERAL.—Chapter 5 of title 37, United States

11 Code, as amended by section 622 of this Act, is further

12 amended by adding at the end the following new section:

13 ‘‘§ 331a. Bonus to encourage Department of Defense

14 personnel to refer other persons for ap15 pointment as officers to serve in health

16 professions

17 ‘‘(a) AUTHORITY TO PAY BONUS.—

18 ‘‘(1) AUTHORITY.—The appropriate Secretary

19 may pay a bonus under this section to an individual

20 referred to in paragraph (2) who refers to a military

21 recruiter a person who has not previously served and,

22 after such referral, takes an oath of enlistment that

23 leads to appointment as a commissioned officer, or

24 accepts an appointment as a commissioned officer, in
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1 an armed force in a health profession designated by

2 the appropriate Secretary for purposes of this section.

3 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub4 ject to subsection (c), the following individuals are eli5 gible for a referral bonus under this section:

6 ‘‘(A) A member of the armed forces in a reg7 ular component of the armed forced.

8 ‘‘(B) A member of the armed forces in a re9 serve component of the armed forced.

10 ‘‘(C) A member of the armed forces in a re11 tired status, including a member under 60 years

12 of age who, but for age, would be eligible for re13 tired or retainer pay.

14 ‘‘(D) A civilian employee of a military de15 partment or the Department of Defense.

16 ‘‘(b) REFERRAL.—For purposes of this section, a refer17 ral for which a bonus may be paid under subsection (a)

18 occurs—

19 ‘‘(1) when the individual concerned contacts a

20 military recruiter on behalf of a person interested in

21 taking an oath of enlistment that leads to appoint22 ment as a commissioned officer, or accepting an ap23 pointment as a commissioned officer, as applicable,

24 in an armed force in a health profession; or
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1 ‘‘(2) when a person interested in taking an oath

2 of enlistment that leads to appointment as a commis3 sioned officer, or accepting an appointment as a com4 missioned officer, as applicable, in an armed force in

5 a health profession contacts a military recruiter and

6 informs the recruiter of the role of the individual con7 cerned in initially recruiting the person.

8 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.—

9 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A

10 member of the armed forces may not be paid a bonus

11 under subsection (a) for the referral of an immediate

12 family member.

13 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A mem14 ber of the armed forces serving in a recruiting or re15 tention assignment, or assigned to other duties re16 garding which eligibility for a bonus under subsection

17 (a) could (as determined by the appropriate Sec18 retary) be perceived as creating a conflict of interest,

19 may not be paid a bonus under subsection (a).

20 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

21 CORPS INSTRUCTORS.—A member of the armed forces

22 detailed under subsection (c)(1) of section 2031 of title

23 10 to serve as an administrator or instructor in the

24 Junior Reserve Officers’ Training Corps program or

25 a retired member of the armed forces employed as an
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1 administrator or instructor in the program under

2 subsection (d) of such section may not be paid a

3 bonus under subsection (a).

4 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus

5 payable for a referral under subsection (a) may not exceed

6 $2,000. The amount shall be payable as provided in sub7 section (e).

8 ‘‘(e) PAYMENT.—A bonus payable for a referral of a

9 person under subsection (a) shall be paid as follows:

10 ‘‘(1) Not more than $1,000 shall be paid upon

11 the execution by the person of an agreement to serve

12 as an officer in a health profession in an armed force

13 for not less than 3 years,

14 ‘‘(2) Not more than $1,000 shall be paid upon

15 the completion by the person of the initial period of

16 military training as an officer.

17 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The

18 referral bonus authorized by this section is not a bounty

19 for purposes of section 514(a) of title 10.

20 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

21 PAY.—A bonus paid under this section to a member of the

22 armed forces in a retired status is in addition to any com23 pensation to which the member is entitled under title 10,

24 37, or 38, or any other provision of law.
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1 ‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this

2 section, the term ‘appropriate Secretary’ means—

3 ‘‘(1) the Secretary of the Army, with respect to

4 matters concerning the Army;

5 ‘‘(2) the Secretary of the Navy, with respect to

6 matters concerning the Navy, the Marine Corps, and

7 the Coast Guard when it is operating as a service in

8 the Navy;

9 ‘‘(3) the Secretary of the Air Force, with respect

10 to matters concerning the Air Force; and

11 ‘‘(4) the Secretary of Defense, with respect to

12 personnel of the Department of Defense.

13 ‘‘(i) DURATION OF AUTHORITY.—A bonus may not be

14 paid under subsection (a) with respect to any referral that

15 occurs after December 31, 2008.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 5 of such title, as so amended, is

18 further amended by adding at the end the following new

19 item:

‘‘331a. Bonus to encourage Department of Defense personnel to refer other persons

for appointment as officers to serve in health professions.’’.
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1 SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED

2 FORCES HEALTH PROFESSIONS SCHOLAR3 SHIP AND FINANCIAL ASSISTANCE PROGRAM.

4 (a) ACCESSION BONUS AUTHORIZED.—Section 2127

5 of title 10, United States Code, is amended by adding at

6 the end the following new subsection:

7 ‘‘(f)(1) In order to increase participation in the pro8 gram, the Secretary of Defense may pay a person who signs

9 an agreement under section 2122 of this title an accession

10 bonus of not more than $20,000.

11 ‘‘(2) An accession bonus paid a person under this sub12 section is in addition to any other amounts payable to the

13 person under this subchapter.

14 ‘‘(3) In the case of an individual who is paid an acces15 sion bonus under this subsection, but fails to commence or

16 complete the obligated service required of the person under

17 this subchapter, the repayment provisions of section 303a(e)

18 of title 37 shall apply to the accession bonus paid the person

19 under this subsection.’’.

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on October 1, 2007, and shall

22 apply with respect to agreements signed under subchapter

23 I of chapter 105 of title 10, United States Code, on or after

24 that date.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE

4 UNITED STATES FOR OBSTETRICAL PUR5 POSES OF DEPENDENTS LOCATED IN VERY

6 REMOTE LOCATIONS OUTSIDE THE UNITED

7 STATES.

8 Section 1040 of title 10, United States Code, is

9 amended—

10 (1) by redesignating subsections (c) and (d) as

11 subsection (d) and (e), respectively; and

12 (2) by inserting after subsection (b) the following

13 new subsection (c):

14 ‘‘(c) The Secretary of Defense may pay the travel ex15 penses and related expenses of a dependent of a member

16 of the uniformed services assigned to a very remote location

17 outside the United States, as determined by the Secretary,

18 for travel for obstetrical purposes to a location in the United

19 States.’’.

20 SEC. 642. PAYMENT OF MOVING EXPENSES FOR JUNIOR RE21 SERVE OFFICERS’ TRAINING CORPS INSTRUC22 TORS IN HARD-TO-FILL POSITIONS.

23 Section 2031 of title 10, United States Code, is amend24 ed by adding at the end the following new subsection:
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1 ‘‘(f)(1) When determined by the Secretary of the mili2 tary department concerned to be in the national interest

3 and agreed upon by the institution concerned, the institu4 tion may reimburse the moving expenses of a Junior Re5 serve Officers’ Training Corps instructor who executes a

6 written agreement to serve a minimum of two years of em7 ployment at the institution in a position that is hard-to8 fill for geographic or economic reasons and as determined

9 by the Secretary concerned.

10 ‘‘(2) Any reimbursement of an instructor under para11 graph (1) is in addition to the minimum instructor pay

12 otherwise payable to the instructor.

13 ‘‘(3) The Secretary concerned shall reimburse an insti14 tution making a reimbursement under paragraph (1) in an

15 amount equal to the amount of the reimbursement paid by

16 the institution under that paragraph. Any reimbursement

17 under this paragraph shall be made from funds appro18 priated for that purpose.

19 ‘‘(4) The payment of reimbursements under para20 graphs (1) and (3) shall be subject to regulations prescribed

21 by the Secretary of Defense for purposes of this subsection.’’.
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1 Subtitle D—Retired Pay and

2 Survivor Benefits

3 SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF

4 DEATH GRATUITY PAYABLE WITH RESPECT

5 TO MEMBERS OF THE ARMED FORCES.

6 (a) IN GENERAL.—Subsection (a) of section 1477 of

7 title 10, United States Code, is amended by striking all that

8 follows ‘‘on the following list:’’ and inserting the following:

9 ‘‘(1) To any individual designated by the person

10 in writing.

11 ‘‘(2) If there is no person so designated, to the

12 surviving spouse of the person.

13 ‘‘(3) If there is none of the above, to the children

14 (as prescribed by subsection (b)) of the person and the

15 descendants of any deceased children by representa16 tion.

17 ‘‘(4) If there is none of the above, to the parents

18 (as prescribed by subsection (c)) of the person or the

19 survivor of them.

20 ‘‘(5) If there is none of the above, to the duly ap21 pointed executor or administrator of the estate of the

22 person.

23 ‘‘(6) If there is none of the above, to other next

24 of kin of the person entitled under the laws of domi25 cile of the person at the time of the person’s death.’’.
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1 (b) CONFORMING AMENDMENTS.—Such section is fur2 ther amended—

3 (1) in subsection (b), by striking ‘‘Subsection

4 (a)(2)’’ in the matter preceding paragraph (1) and

5 inserting ‘‘Subsection (a)(3)’’;

6 (2) by striking (c) and inserting the following

7 new subsection (c):

8 ‘‘(c) For purposes of subsection (a)(4), parents include

9 fathers and mothers through adoption. However, only one

10 father and one mother may be recognized in any case, and

11 preference shall be given to those who exercised a parental

12 relationship on the date, or most nearly before the date, on

13 which the decedent entered a status described in section

14 1475 or 1476 of this title.’’; and

15 (3) by striking subsection (d).

16 (c) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on the date of the enactment of this

18 Act.

19 (d) APPLICABILITY.—Notwithstanding subsection (c),

20 the provisions of section 1477 of title 10, United States

21 Code, as in effect on the day before the date of the enactment

22 of this Act, shall continue to apply to each member of the

23 Armed Forces covered by such section until the earlier of

24 the following—
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1 (1) the date on which such member makes the

2 designation contemplated by paragraph (1) of section

3 1477(a) of such title (as amended by subsection (a) of

4 this section); or

5 (2) January 1, 2008.

6 (e) REGULATIONS.—

7 (1) IN GENERAL.—Not later than December 1,

8 2007, the Secretary of Defense shall prescribe regula9 tions to implement the amendments to section 1477 of

10 title 10, United States Code, made by subsection (a).

11 (2) ELEMENTS.—The regulations required by

12 paragraph (1) shall include forms for the making of

13 the designation contemplated by paragraph (1) of sec14 tion 1477(a) of title 10, United States Code (as

15 amended by subsection (a)), and instructions for

16 members of the Armed Forces in the filling out of such

17 forms.

18 SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF

19 DEPENDENT CHILDREN UNDER SURVIVOR

20 BENEFIT PLAN.

21 (a) ELECTION.—Section 1448(b) of title 10, United

22 States Code, is amended—

23 (1) in the subsection caption, by striking ‘‘AND

24 FORMER SPOUSE’’ and inserting ‘‘, FORMER SPOUSE,

25 AND GUARDIAN OR CARETAKER’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(6) GUARDIAN OR CARETAKER COVERAGE.—

4 ‘‘(A) GENERAL RULE.—A person who is not

5 married and has one or more dependent children

6 upon becoming eligible to participate in the Plan

7 may elect to provide an annuity under the Plan

8 to a natural person (other than a natural person

9 with an insurable interest in the person under

10 paragraph (1) or a former spouse) who acts as

11 a guardian or caretaker to such child or chil12 dren. In the case of a person providing a reserve13 component annuity, such an election shall in14 clude a designation under subsection (e).

15 ‘‘(B) TERMINATION OF COVERAGE.—Sub16 paragraphs (B) through (E) of paragraph (1)

17 shall apply to an election under subparagraph

18 (A) of this paragraph in the same manner as

19 such subparagraphs apply to an election under

20 subparagraph (A) of paragraph (1).

21 ‘‘(C) ELECTION OF NEW BENEFICIARY UPON

22 DEATH OF PREVIOUS BENEFICIARY.—Subpara23 graph (G) of paragraph (1) shall apply to an

24 election under subparagraph (A) of this para25 graph in the same manner as such subparagraph
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1 (G) applies to an election under subparagraph

2 (A) of paragraph (1), except that any new bene3 ficiary elected under such subparagraph (G) by

4 reason of this subparagraph shall be a guardian

5 or caretaker of the dependent child or children of

6 the person making such election.’’.

7 (b) PAYMENT OF ANNUITY.—Section 1450 of such title

8 is amended—

9 (1) in subsection (a), by adding at the end the

10 following new paragraph:

11 ‘‘(5) GUARDIAN OR CARETAKER COVERAGE.—The

12 natural person designated under section 1448(b)(6) of

13 this title, unless the election to provide an annuity to

14 the natural person has been changed as provided in

15 subsection (f).’’; and

16 (2) in the subsection caption of subsection (f), by

17 striking ‘‘OR FORMER SPOUSE’’ and inserting ‘‘,

18 FORMER SPOUSE, OR GUARDIAN OR CARETAKER’’.

19 (c) AMOUNT OF ANNUITY.—Section 1451(b) of such

20 title is amended—

21 (1) in the subsection caption, by inserting ‘‘OR

22 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN23 TEREST’’; and
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1 (2) by inserting ‘‘or 1450(a)(5)’’ after

2 ‘‘1450(a)(4)’’ each place it appears in paragraphs (1)

3 and (2).

4 (d) REDUCTION IN RETIRED PAY.—Section 1452(c) of

5 such title is amended—

6 (1) in the subsection caption, by inserting ‘‘OR

7 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN8 TEREST’’; and

9 (2) by inserting ‘‘or 1450(a)(5)’’ after

10 ‘‘1450(a)(4)’’ each place it appears in paragraphs (1)

11 and (3).

12 SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COM13 PENSATION ELIGIBILITY FOR CHAPTER 61

14 MILITARY RETIREES.

15 (a) ELIGIBILITY.—Subsection (c) of section 1413a of

16 title 10, United States Code, is amended by striking ‘‘enti17 tled to retired pay who—’’ and all that follows and insert18 ing ‘‘who—

19 ‘‘(1) is entitled to retired pay (other than by rea20 son of section 12731b of this title); and

21 ‘‘(2) has a combat-related disability.’’.

22 (b) COMPUTATION.—Paragraph (3) of subsection (b) of

23 such section is amended—

24 (1) by designating the text of that paragraph as

25 subparagraph (A), realigning that text so as to be in-
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1 dented 4 ems from the left margin, and inserting be2 fore ‘‘In the case of’’ the following heading: ‘‘IN GEN3 ERAL.—’’; and

4 (2) by adding at the end the following new sub5 paragraph:

6 ‘‘(B) SPECIAL RULE FOR RETIREES WITH

7 FEWER THAN 20 YEARS OF SERVICE.—In the case

8 of an eligible combat-related disabled uniformed

9 services retiree who is retired under chapter 61

10 of this title with fewer than 20 years of cred11 itable service, the amount of the payment under

12 paragraph (1) for any month shall be reduced by

13 the amount (if any) by which the amount of the

14 member’s retired pay under chapter 61 of this

title exceeds the amount equal to 21 15 ⁄2 percent of

16 the member’s years of creditable service multi17 plied by the member’s retired pay base under sec18 tion 1406(b)(1) or 1407 of this title, whichever is

19 applicable to the member.’’.

20 (c) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect on January 1, 2008, and shall apply

22 to payments for months beginning on or after that date.
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1 SEC. 654. CLARIFICATION OF APPLICATION OF RETIRED

2 PAY MULTIPLIER PERCENTAGE TO MEMBERS

3 OF THE UNIFORMED SERVICES WITH OVER 30

4 YEARS OF SERVICE.

5 (a) COMPUTATION OF RETIRED AND RETAINER PAY

6 FOR MEMBERS OF NAVAL SERVICE.—The table in section

7 6333(a) of title 10, United States Code, is amended in Col8 umn 2 of Formula A by striking ‘‘75 percent’’ and inserting

9 ‘‘Retired pay multiplier prescribed under section 1409 for

10 the years of service that may be credited to him under sec11 tion 1405.’’.

12 (b) RETIRED PAY FOR CERTAIN MEMBERS RECALLED

13 TO ACTIVE DUTY.—The table in section 1402(a) of such title

14 is amended by striking Column 3.

15 (c) EFFECTIVE DATE.—The amendments made by sub16 sections (a) and (b) shall take effect on January 1, 2007,

17 and shall apply with respect to retired pay and retainer

18 pay payable on or after that date.

19 SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR

20 SERVICE RETIRED PAY BY MEMBERS OF THE

21 READY RESERVE ON ACTIVE FEDERAL STA22 TUS OR ACTIVE DUTY FOR SIGNIFICANT PERI23 ODS.

24 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of

25 title 10, United States Code, is amended—
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1 (1) in subsection (a), by striking paragraph (1)

2 and inserting the following:

3 ‘‘(1) has attained the eligibility age applicable

4 under subsection (f) to that person;’’; and

5 (2) by adding at the end the following new sub6 section:

7 ‘‘(f)(1) Subject to paragraph (2), the eligibility age for

8 purposes of subsection (a)(1) is 60 years of age.

9 ‘‘(2)(A) In the case of a person who as a member of

10 the Ready Reserve serves on active duty or performs active

11 service described in subparagraph (B) after September 11,

12 2001, the eligibility age for purposes of subsection (a)(1)

13 shall be reduced below 60 years of age by three months for

14 each aggregate of 90 days on which such person so performs

15 in any fiscal year after such date, subject to subparagraph

16 (C). A day of duty may be included in only one aggregate

17 of 90 days for purposes of this subparagraph.

18 ‘‘(B)(i) Service on active duty described in this sub19 paragraph is service on active duty pursuant to a call or

20 order to active duty under a provision of law referred to

21 in section 101(a)(13)(B) or under section 12301(d) of this

22 title. Such service does not include service on active duty

23 pursuant to a call or order to active duty under section

24 12310 of this title.
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1 ‘‘(ii) Active service described in this subparagraph is

2 also service under a call to active service authorized by the

3 President or the Secretary of Defense under section 502(f)

4 of title 32 for purposes of responding to a national emer5 gency declared by the President or supported by Federal

6 funds.

7 ‘‘(C) The eligibility age for purposes of subsection

8 (a)(1) may not be reduced below 50 years of age for any

9 person under subparagraph (A).’’.

10 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR

11 ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR

12 HEALTH CARE.—Section 1074(b) of such title is

13 amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

15 (2) by adding at the end the following new para16 graph:

17 ‘‘(2) Paragraph (1) does not apply to a member or

18 former member entitled to retired pay for non-regular serv19 ice under chapter 1223 of this title who is under 60 years

20 of age.’’.

21 (c) ADMINISTRATION OF RELATED PROVISIONS OF

22 LAW OR POLICY.—With respect to any provision of law,

23 or of any policy, regulation, or directive of the executive

24 branch that refers to a member or former member of the

25 uniformed services as being eligible for, or entitled to, re-
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1 tired pay under chapter 1223 of title 10, United States

2 Code, but for the fact that the member or former member

3 is under 60 years of age, such provision shall be carried

4 out with respect to that member or former member by sub5 stituting for the reference to being 60 years of age a ref6 erence to having attained the eligibility age applicable

7 under subsection (f) of section 12731 of title 10, United

8 States Code (as added by subsection (a)), to such member

9 or former member for qualification for such retired pay

10 under subsection (a) of such section.

11 SEC. 656. ADDITIONAL INDIVIDUALS ELIGIBLE FOR TRANS12 PORTATION FOR SURVIVORS OF DECEASED

13 MEMBERS TO ATTEND THE MEMBER’S BURIAL

14 CEREMONIES.

15 Section 411f(c) of title 37, United States Code, is

16 amended—

17 (1) in paragraph (1) by adding at the end the

18 following new subparagraphs:

19 ‘‘(D) Any child of the parent or parents of the

20 deceased member who is under the age of 18 years if

21 such child is attending the burial ceremony of the me22 morial service with the parent or parents and would

23 otherwise be left unaccompanied by the parent or par24 ents.
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1 ‘‘(E) The person who directs the disposition of

2 the remains of the deceased member under section

3 1482(c) of title 10, or, in the case of a deceased mem4 ber whose remains are commingled and buried in a

5 common grave in a national cemetery, the person who

6 have been designated under such section to direct the

7 disposition of the remains if individual identification

8 had been made.’’; and

9 (2) in paragraph (2), by striking ‘‘may be pro10 vided to—’’ and all that follows through the end and

11 inserting ‘‘may be provided to up to two additional

12 persons closely related to the deceased member who

13 are selected by the person referred to in paragraph

14 (1)(E).’’.

15 SEC. 657. TRANSPORTATION OF REMAINS OF DECEASED

16 MEMBERS OF THE ARMED FORCES AND CER17 TAIN OTHER PERSONS.

18 Section 1482(a)(8) of title 10, United States Code, is

19 amended by adding at the end the following new sentence:

20 ‘‘When transportation of the remains includes transpor21 tation by aircraft, the Secretary concerned shall provide,

22 to the maximum extent possible, for delivery of the remains

23 by air to the commercial, general aviation, or military air24 port nearest to the place selected by the designee or, if such
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1 a selection is not made, nearest to the cemetery selected by

2 the Secretary.’’.

3 SEC. 658. REPEAL OF REQUIREMENT OF REDUCTION OF

4 SURVIVOR BENEFIT PLAN SURVIVOR ANNU5 ITIES BY DEPENDENCY AND INDEMNITY COM6 PENSATION.

7 (a) REPEAL.—

8 (1) IN GENERAL.—Subchapter II of chapter 73 of

9 title 10, United States Code, is amended as follows:

10 (A) In section 1450, by striking subsection

11 (c).

12 (B) In section 1451(c)—

13 (i) by striking paragraph (2); and

14 (ii) by redesignating paragraphs (3)

15 and (4) as paragraphs (2) and (3), respec16 tively.

17 (2) CONFORMING AMENDMENTS.—Such sub18 chapter is further amended as follows:

19 (A) In section 1450—

20 (i) by striking subsection (e); and

21 (ii) by striking subsection (k).

22 (B) In section 1451(g)(1), by striking sub23 paragraph (C).

24 (C) In section 1452—
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1 (i) in subsection (f)(2), by striking

2 ‘‘does not apply—’’ and all that follows and

3 inserting ‘‘does not apply in the case of a

4 deduction made through administrative

5 error.’’; and

6 (ii) by striking subsection (g).

7 (D) In section 1455(c), by striking ‘‘,

8 1450(k)(2),’’.

9 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No

10 benefits may be paid to any person for any period before

11 the effective date provided under subsection (f) by reason

12 of the amendments made by subsection (a).

13 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

14 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIENTS.—

15 A surviving spouse who is or has been in receipt of an an16 nuity under the Survivor Benefit Plan under subchapter

17 II of chapter 73 of title 10, United States Code, that is in

18 effect before the effective date provided under subsection (f)

19 and that is adjusted by reason of the amendments made

20 by subsection (a) and who has received a refund of retired

21 pay under section 1450(e) of title 10, United States Code,

22 shall not be required to repay such refund to the United

23 States.
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1 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

2 FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of such

3 title is amended—

4 (1) by striking ‘‘DEPENDENT CHILDREN.—’’ and

5 all that follows through ‘‘In the case of a member de6 scribed in paragraph (1),’’ and inserting ‘‘DEPEND7 ENT CHILDREN.—In the case of a member described

8 in paragraph (1),’’; and

9 (2) by striking subparagraph (B).

10 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

11 ELIGIBLE SPOUSES.—The Secretary of the military depart12 ment concerned shall restore annuity eligibility to any eli13 gible surviving spouse who, in consultation with the Sec14 retary, previously elected to transfer payment of such annu15 ity to a surviving child or children under the provisions

16 of section 1448(d)(2)(B) of title 10, United States Code, as

17 in effect on the day before the effective date provided under

18 subsection (f). Such eligibility shall be restored whether or

19 not payment to such child or children subsequently was ter20 minated due to loss of dependent status or death. For the

21 purposes of this subsection, an eligible spouse includes a

22 spouse who was previously eligible for payment of such an23 nuity and is not remarried, or remarried after having at24 tained age 55, or whose second or subsequent marriage has

25 been terminated by death, divorce or annulment.
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1 (f) EFFECTIVE DATE.—The sections and the amend2 ments made by this section shall take effect on the later of—

3 (1) the first day of the first month that begins

4 after the date of the enactment of this Act; or

5 (2) the first day of the fiscal year that begins in

6 the calendar year in which this Act is enacted.

7 SEC. 659. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER

8 SURVIVOR BENEFIT PLAN.

9 (a) SURVIVOR BENEFIT PLAN.—Section 1452(j) of title

10 10, United States Code, is amended by striking ‘‘October

11 1, 2008’’ and inserting ‘‘October 1, 2007’’.

12 (b) RETIRED SERVICEMAN’S FAMILY PROTECTION

13 PLAN.—Section 1436a of such title is amended by striking

14 ‘‘October 1, 2008’’ and inserting ‘‘October 1, 2007’’.

15 SEC. 660. INCLUSION OF VETERANS WITH SERVICE-CON16 NECTED DISABILITIES RATED AS TOTAL BY

17 REASON OF UNEMPLOYABILITY UNDER TER18 MINATION OF PHASE-IN OF CONCURRENT RE19 CEIPT OF RETIRED PAY AND VETERANS’ DIS20 ABILITY COMPENSATION.

21 (a) INCLUSION OF VETERANS.—Section 1414(a)(1) of

22 title 10, United States Code, is amended by striking ‘‘except

23 that’’ and all that follows and inserting ‘‘except that pay24 ment of retired pay is subject to subsection (c) only during
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1 the period beginning on January 1, 2004, and ending on

2 December 31, 2004, in the case of the following:

3 ‘‘(A) A qualified retiree receiving veterans’

4 disability compensation for a disability rated as

5 100 percent.

6 ‘‘(B) A qualified retiree receiving veterans’

7 disability compensation at the rate payable for

8 a 100 percent disability by reason of a deter9 mination of individual unemployability.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on December 31, 2004.

12 SEC. 661. COMPUTATION OF YEARS OF SERVICE FOR PUR13 POSES OF RETIRED PAY FOR NON-REGULAR

14 SERVICE.

15 Section 12733(3) of title 10, United States Code, is

16 amended—

17 (1) in subparagraph (B), by striking ‘‘and’’ at

18 the end;

19 (2) in subparagraph (C), by striking the period

20 and inserting ‘‘before the year of service that includes

21 October 30, 2007; and’’; and

22 (3) by adding at the end the following new sub23 paragraph:
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1 ‘‘(D) 130 days in the year of service that

2 includes October 30, 2007, and any subsequent

3 year of service.’’.

4 Subtitle E—Education Benefits

5 SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING

6 OR EDUCATION.

7 (a) CLARIFICATION OF APPLICABILITY OF CURRENT

8 AUTHORITY TO COMMISSIONED OFFICERS ON ACTIVE

9 DUTY.—Subsection (b) of section 2007 of title 10, United

10 States Code, is amended—

11 (1) in paragraph (1)—

12 (A) by inserting ‘‘(other than a member of

13 the Ready Reserve)’’ after ‘‘active duty’’ the first

14 place it appears; and

15 (B) by striking ‘‘or full-time National

16 Guard duty’’ both places it appears; and

17 (2) in paragraph (2)(B), by inserting ‘‘for which

18 ordered to active duty’’ after ‘‘active duty service’’.

19 (b) AUTHORITY TO PAY TUITION ASSISTANCE TO

20 MEMBERS OF THE READY RESERVE.—

21 (1) IN GENERAL.—Subsection (c) of such section

22 is amended to read as follows:

23 ‘‘(c)(1) Subject to paragraphs (3)(A) and (4), the Sec24 retary of a military department may pay the charges of

25 an educational institution for the tuition or expenses de-
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1 scribed in subsection (a) of a member of the Selected Re2 serve.

3 ‘‘(2) Subject to paragraphs (3)(B) and (4), the Sec4 retary of a military department may pay the charges of

5 an educational institution for the tuition or expenses de6 scribed in subsection (a) of a member of the Individual

7 Ready Reserve who has a military occupational specialty

8 designated by the Secretary for purposes of this subsection.

9 ‘‘(3)(A) The Secretary of a military department may

10 not pay charges under paragraph (1) for tuition or expenses

11 of an officer of the Selected Reserve unless the officer agrees

12 to remain a member of the Selected Reserve for at least four

13 years after completion of the education or training for

14 which the charges are paid.

15 ‘‘(B) The Secretary of a military department may not

16 pay charges under paragraph (2) for tuition or expenses

17 of an officer of the Individual Ready Reserve unless the offi18 cer agrees to remain in the Selected Reserve or Individual

19 Ready Reserve for at least four years after completion of

20 the education or training for which the charges are paid.

21 ‘‘(4) The Secretary of a military department may re22 quire enlisted members of the Selected Reserve or Individual

23 Ready Reserve to agree to serve for up to four years in the

24 Selected Reserve or Individual Ready Reserve, as the case

25 may be, after completion of education or training for which
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1 tuition or expenses are paid under paragraph (1) or (2),

2 as applicable.’’.

3 (2) REPEAL OF SUPERSEDED PROVISION.—Such

4 section is further amended—

5 (A) by striking subsection (d); and

6 (B) by redesignating subsections (e) and (f)

7 as subsections (d) and (e), respectively.

8 (3) REPAYMENT OF UNEARNED BENEFIT.—Sub9 section (e) of such section, as redesignated by para10 graph (2) of this subsection, is amended—

11 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(2) If a member of the Ready Reserve who enters into

15 an agreement under subsection (c) does not complete the pe16 riod of service specified in the agreement, the member shall

17 be subject to the repayment provisions of section 303a(e)

18 of title 37.’’.

19 (c) REGULATIONS.—Such section is further amended

20 by adding at the end the following new subsection:

21 ‘‘(f) This section shall be administered under regula22 tions prescribed by the Secretary of Defense and the Sec23 retary of Homeland Security for the Coast Guard when it

24 is not operating as a service in the Navy.’’.
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1 SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION

2 LOAN REPAYMENT PROGRAM.

3 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAYMENT.—

4 Paragraph (1) of subsection (a) of section 16301 of title 10,

5 United States Code, is amended—

6 (1) in subparagraph (B), by striking ‘‘or’’ at the

7 end;

8 (2) in subparagraph (C), by striking the period

9 at the end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(D) any loan incurred for educational purposes

13 made by a lender that is—

14 ‘‘(i) an agency or instrumentality of a

15 State;

16 ‘‘(ii) a financial or credit institution (in17 cluding an insurance company) that is subject to

18 examination and supervision by an agency of

19 the United States or any State;

20 ‘‘(iii) a pension fund approved by the Sec21 retary for purposes of this section; or

22 ‘‘(iv) a nonprofit private entity designated

23 by a State, regulated by such State, and ap24 proved by the Secretary for purposes of this sec25 tion.’’.
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1 (b) ELIGIBILITY OF OFFICERS.—Such subsection is

2 further amended—

3 (1) in paragraph (2)—

4 (A) by striking ‘‘Except as provided in

5 paragraph (3), the Secretary’’ and inserting

6 ‘‘The Secretary’’; and

7 (B) by striking ‘‘an enlisted member of the

8 Selected Reserve of the Ready Reserve of an

9 armed force in a reserve component and military

10 specialty’’ and inserting ‘‘a member of the Se11 lected Reserve of the Ready Reserve of an armed

12 force in a reserve component and officer program

13 or military specialty’’; and

14 (2) by striking paragraph (3).

15 (c) CONFORMING AMENDMENT.—The heading of such

16 section is amended to read as follows:

17 ‘‘§ 16301. Education loan repayment program: mem18 bers of the Selected Reserve’’.

19 (d) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of chapter 1609 of such title is amended by

21 striking the item relating to section 16301 and inserting

22 the following new item:

‘‘16301. Education loan repayment program: members of the Selected Reserve.’’.
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1 SEC. 673. REPORT ON UTILIZATION OF TUITION ASSIST2 ANCE BY MEMBERS OF THE ARMED FORCES.

3 (a) REPORTS REQUIRED.—Not later than April 1,

4 2008, the Secretary of each military department shall sub5 mit to the congressional defense committees a report on the

6 utilization of tuition assistance by members of the Armed

7 Forces, whether in the regular components if the Armed

8 Forces or the reserve components of the Armed Forces, under

9 the jurisdiction of such military department during fiscal

10 year 2007.

11 (b) ELEMENTS.—The report with respect to a military

12 department under subsection (a) shall include the following:

13 (1) Information on the policies of such military

14 department for fiscal year 2007 regarding utilization

15 of, and limits on, tuition assistance by members of the

16 Armed Forces under the jurisdiction of such military

17 department, including an estimate of the number of

18 members of the reserve components of the Armed

19 Forces under the jurisdiction of such military depart20 ment whose requests for tuition assistance during that

21 fiscal year were unfunded.

22 (2) Information on the policies of such military

23 department for fiscal year 2007 regarding funding of

24 tuition assistance for each of the regular components

25 of the Armed Forces and each of the reserve compo-
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1 nents of the Armed Forces under the jurisdiction of

2 such military department.

3 SEC. 674. ENHANCEMENT OF EDUCATION BENEFITS FOR

4 CERTAIN MEMBERS OF RESERVE COMPO5 NENTS.

6 (a) ACCELERATED PAYMENT OF EDUCATIONAL AS7 SISTANCE FOR MEMBERS OF THE SELECTED RESERVE.—

8 (1) IN GENERAL.—Chapter 1606 of title 10,

9 United States Code, is amended by inserting after sec10 tion 16131 the following new section:

11 ‘‘§ 16131A. Accelerated payment of educational assist12 ance

13 ‘‘(a) The educational assistance allowance payable

14 under section 16131 of this title with respect to an eligible

15 person described in subsection (b) may, upon the election

16 of such eligible person, be paid on an accelerated basis in

17 accordance with this section.

18 ‘‘(b) An eligible person described in this subsection is

19 a person entitled to educational assistance under this chap20 ter who is—

21 ‘‘(1) enrolled in an approved program of edu22 cation not exceeding two years in duration and not

23 leading to an associate, bachelors, masters, or other

24 degree, subject to subsection (g); and
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1 ‘‘(2) charged tuition and fees for the program of

2 education that, when divided by the number of

3 months (and fractions thereof) in the enrollment pe4 riod, exceeds the amount equal to 200 percent of the

5 monthly rate of educational assistance allowance oth6 erwise payable with respect to the person under sec7 tion 16131 of this title.

8 ‘‘(c)(1) The amount of the accelerated payment of edu9 cational assistance payable with respect to an eligible per10 son making an election under subsection (a) for a program

11 of education shall be the lesser of—

12 ‘‘(A) the amount equal to 60 percent of the estab13 lished charges for the program of education; or

14 ‘‘(B) the aggregate amount of educational assist15 ance allowance to which the person remains entitled

16 under this chapter at the time of the payment.

17 ‘‘(2)(A) In this subsection, except as provided in sub18 paragraph (B), the term ‘established charges’, in the case

19 of a program of education, means the actual charges (as

20 determined pursuant to regulations prescribed by the Sec21 retary) for tuition and fees which similarly circumstanced

22 individuals who are not eligible for benefits under this

23 chapter and who are enrolled in the program of education

24 would be required to pay. Established charges shall be deter25 mined on the following basis:
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1 ‘‘(i) In the case of an individual enrolled in a

2 program of education offered on a term, quarter, or

3 semester basis, the tuition and fees charged the indi4 vidual for the term, quarter, or semester.

5 ‘‘(ii) In the case of an individual enrolled in a

6 program of education not offered on a term, quarter,

7 or semester basis, the tuition and fees charged the in8 dividual for the entire program of education.

9 ‘‘(B) In this subsection, the term ‘established charges’

10 does not include any fees or payments attributable to the

11 purchase of a vehicle.

12 ‘‘(3) The educational institution providing the pro13 gram of education for which an accelerated payment of edu14 cational assistance allowance is elected by an eligible person

15 under subsection (a) shall certify to the Secretary of Vet16 erans Affairs the amount of the established charges for the

17 program of education.

18 ‘‘(d) An accelerated payment of educational assistance

19 allowance made with respect to an eligible person under this

20 section for a program of education shall be made not later

21 than the last day of the month immediately following the

22 month in which the Secretary of Veterans Affairs receives

23 a certification from the educational institution regarding—

24 ‘‘(1) the person’s enrollment in and pursuit of

25 the program of education; and
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1 ‘‘(2) the amount of the established charges for the

2 program of education.

3 ‘‘(e)(1) Except as provided in paragraph (2), for each

4 accelerated payment of educational assistance allowance

5 made with respect to an eligible person under this section,

6 the person’s entitlement to educational assistance under this

7 chapter shall be charged the number of months (and any

8 fraction thereof) determined by dividing the amount of the

9 accelerated payment by the full-time monthly rate of edu10 cational assistance allowance otherwise payable with re11 spect to the person under section 16131 of this title as of

12 the beginning date of the enrollment period for the program

13 of education for which the accelerated payment is made.

14 ‘‘(2) If the monthly rate of educational assistance al15 lowance otherwise payable with respect to an eligible person

16 under section 16131 of this title increases during the enroll17 ment period of a program of education for which an acceler18 ated payment of educational assistance allowance is made

19 under this section, the charge to the person’s entitlement

20 to educational assistance under this chapter shall be deter21 mined by prorating the entitlement chargeable, in the man22 ner provided for under paragraph (1), for the periods cov23 ered by the initial rate and increased rate, respectively, in

24 accordance with regulations prescribed by the Secretary of

25 Veterans Affairs.
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1 ‘‘(f) The Secretary of Veterans Affairs shall prescribe

2 regulations to carry out this section. The regulations shall

3 include requirements, conditions, and methods for the re4 quest, issuance, delivery, certification of receipt and use,

5 and recovery of overpayment of an accelerated payment of

6 educational assistance allowance under this section. The

7 regulations may include such elements of the regulations

8 prescribed under section 3014A of title 38 as the Secretary

9 of Veterans Affairs considers appropriate for purposes of

10 this section.

11 ‘‘(g) The aggregate amount of educational assistance

12 payable under this section in any fiscal year for enroll13 ments covered by subsection (b)(1) may not exceed

14 $4,000,000.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 1606 of such title is

17 amended by inserting after the item relating to sec18 tion 16131 the following new item:

‘‘16131A. Accelerated payment of educational assistance.’’.

19 (3) EFFECTIVE DATE.—The amendments made

20 by this subsection shall take effect on October 1, 2008,

21 and shall only apply to initial enrollments in ap22 proved programs of education after such date.

23 (b) ACCELERATED PAYMENT OF EDUCATIONAL AS24 SISTANCE FOR RESERVE COMPONENT MEMBERS SUP-
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1 PORTING CONTINGENCY OPERATIONS AND OTHER OPER2 ATIONS.—

3 (1) IN GENERAL.—Chapter 1607 of title 10,

4 United States Code, is amended by inserting after sec5 tion 16162 the following new section:

6 ‘‘§ 16162A. Accelerated payment of educational assist7 ance

8 ‘‘(a) The educational assistance allowance payable

9 under section 16162 of this title with respect to an eligible

10 member described in subsection (b) may, upon the election

11 of such eligible member, be paid on an accelerated basis in

12 accordance with this section.

13 ‘‘(b) An eligible member described in this subsection

14 is a member of a reserve component entitled to educational

15 assistance under this chapter who is—

16 ‘‘(1) enrolled in an approved program of edu17 cation not exceeding two years in duration and not

18 leading to an associate, bachelors, masters, or other

19 degree, subject to subsection (g); and

20 ‘‘(2) charged tuition and fees for the program of

21 education that, when divided by the number of

22 months (and fractions thereof) in the enrollment pe23 riod, exceeds the amount equal to 200 percent of the

24 monthly rate of educational assistance allowance oth-
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1 erwise payable with respect to the member under sec2 tion 16162 of this title.

3 ‘‘(c)(1) The amount of the accelerated payment of edu4 cational assistance payable with respect to an eligible mem5 ber making an election under subsection (a) for a program

6 of education shall be the lesser of—

7 ‘‘(A) the amount equal to 60 percent of the estab8 lished charges for the program of education; or

9 ‘‘(B) the aggregate amount of educational assist10 ance allowance to which the member remains entitled

11 under this chapter at the time of the payment.

12 ‘‘(2)(A) In this subsection, except as provided in sub13 paragraph (B), the term ‘established charges’, in the case

14 of a program of education, means the actual charges (as

15 determined pursuant to regulations prescribed by the Sec16 retary) for tuition and fees which similarly circumstanced

17 individuals who are not eligible for benefits under this

18 chapter and who are enrolled in the program of education

19 would be required to pay. Established charges shall be deter20 mined on the following basis:

21 ‘‘(i) In the case of an individual enrolled in a

22 program of education offered on a term, quarter, or

23 semester basis, the tuition and fees charged the indi24 vidual for the term, quarter, or semester.
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1 ‘‘(ii) In the case of an individual enrolled in a

2 program of education not offered on a term, quarter,

3 or semester basis, the tuition and fees charged the in4 dividual for the entire program of education.

5 ‘‘(B) In this subsection, the term ‘established charges’

6 does not include any fees or payments attributable to the

7 purchase of a vehicle.

8 ‘‘(3) The educational institution providing the pro9 gram of education for which an accelerated payment of edu10 cational assistance allowance is elected by an eligible mem11 ber under subsection (a) shall certify to the Secretary of

12 Veterans Affairs the amount of the established charges for

13 the program of education.

14 ‘‘(d) An accelerated payment of educational assistance

15 allowance made with respect to an eligible member under

16 this section for a program of education shall be made not

17 later than the last day of the month immediately following

18 the month in which the Secretary of Veterans Affairs re19 ceives a certification from the educational institution

20 regarding—

21 ‘‘(1) the member’s enrollment in and pursuit of

22 the program of education; and

23 ‘‘(2) the amount of the established charges for the

24 program of education.
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1 ‘‘(e)(1) Except as provided in paragraph (2), for each

2 accelerated payment of educational assistance allowance

3 made with respect to an eligible member under this section,

4 the member’s entitlement to educational assistance under

5 this chapter shall be charged the number of months (and

6 any fraction thereof) determined by dividing the amount

7 of the accelerated payment by the full-time monthly rate

8 of educational assistance allowance otherwise payable with

9 respect to the member under section 16162 of this title as

10 of the beginning date of the enrollment period for the pro11 gram of education for which the accelerated payment is

12 made.

13 ‘‘(2) If the monthly rate of educational assistance al14 lowance otherwise payable with respect to an eligible mem15 ber under section 16162 of this title increases during the

16 enrollment period of a program of education for which an

17 accelerated payment of educational assistance allowance is

18 made under this section, the charge to the member’s entitle19 ment to educational assistance under this chapter shall be

20 determined by prorating the entitlement chargeable, in the

21 manner provided for under paragraph (1), for the periods

22 covered by the initial rate and increased rate, respectively,

23 in accordance with regulations prescribed by the Secretary

24 of Veterans Affairs.
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1 ‘‘(f) The Secretary of Veterans Affairs shall prescribe

2 regulations to carry out this section. The regulations shall

3 include requirements, conditions, and methods for the re4 quest, issuance, delivery, certification of receipt and use,

5 and recovery of overpayment of an accelerated payment of

6 educational assistance allowance under this section. The

7 regulations may include such elements of the regulations

8 prescribed under section 3014A of title 38 as the Secretary

9 of Veterans Affairs considers appropriate for purposes of

10 this section.

11 ‘‘(g) The aggregate amount of educational assistance

12 payable under this section in any fiscal year for enroll13 ments covered by subsection (b)(1) may not exceed

14 $3,000,000.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 1607 of such title is

17 amended by inserting after the item relating to sec18 tion 16162 the following new item:

‘‘16162A. Accelerated payment of educational assistance.’’.

19 (3) EFFECTIVE DATE.—The amendments made

20 by this subsection shall take effect on October 1, 2008,

21 and shall only apply to initial enrollments in ap22 proved programs of education after such date.

23 (c) ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR

24 RESERVE COMPONENT MEMBERS SUPPORTING CONTIN25 GENCY OPERATIONS AND OTHER OPERATIONS.—
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1 (1) ASSISTANCE FOR THREE YEARS CUMULATIVE

2 SERVICE.—Subsection (c)(4)(C) of section 16162 of

3 title 10, United States Code, is amended by striking

4 ‘‘for two continuous years or more.’’ and inserting

5 ‘‘for—

6 ‘‘(i) two continuous years or more; or

7 ‘‘(ii) an aggregate of three years or more.’’.

8 (2) CONTRIBUTIONS FOR INCREASED AMOUNT OF

9 EDUCATIONAL ASSISTANCE.—Such section is further

10 amended by adding at the end the following new sub11 section:

12 ‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT OF

13 EDUCATIONAL ASSISTANCE.—(1)(A) Any individual eligi14 ble for educational assistance under this section may con15 tribute amounts for purposes of receiving an increased

16 amount of educational assistance as provided for in para17 graph (2).

18 ‘‘(B) An individual covered by subparagraph (A) may

19 make the contributions authorized by that subparagraph at

20 any time while a member of a reserve component, but not

21 more frequently than monthly.

22 ‘‘(C) The total amount of the contributions made by

23 an individual under subparagraph (A) may not exceed

24 $600. Such contributions shall be made in multiples of $20.
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1 ‘‘(D) Contributions under this subsection shall be made

2 to the Secretary concerned. Such Secretary shall deposit

3 any amounts received as contributions under this subsection

4 into the Treasury as miscellaneous receipts.

5 ‘‘(2) Effective as of the first day of the enrollment pe6 riod following the enrollment period in which an individual

7 makes contributions under paragraph (1), the monthly

8 amount of educational assistance allowance applicable to

9 such individual under this section shall be the monthly rate

10 otherwise provided for under subsection (c) increased by—

11 ‘‘(A) an amount equal to $5 for each $20 con12 tributed by such individual under paragraph (1) for

13 an approved program of education pursued on a full14 time basis; or

15 ‘‘(B) an appropriately reduced amount based on

16 the amount so contributed as determined under regu17 lations that the Secretary of Veterans Affairs shall

18 prescribe, for an approved program of education pur19 sued on less than a full-time basis.’’.

20 SEC. 675. EXTENSION OF PERIOD OF ENTITLEMENT TO

21 EDUCATIONAL ASSISTANCE FOR CERTAIN

22 MEMBERS OF THE SELECTED RESERVE AF23 FECTED BY FORCE SHAPING INITIATIVES.

24 Section 16133(b)(1)(B) of title 10, United States Code,

25 is amended by inserting ‘‘or the period beginning on Octo-
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1 ber 1, 2007, and ending on September 30, 2014,’’ after ‘‘De2 cember 31, 2001,’’.

3 SEC. 676. MODIFICATION OF TIME LIMIT FOR USE OF ENTI4 TLEMENT TO EDUCATIONAL ASSISTANCE FOR

5 RESERVE COMPONENT MEMBERS SUP6 PORTING CONTINGENCY OPERATIONS AND

7 OTHER OPERATIONS.

8 (a) MODIFICATION.—Section 16164(a) of title 10,

9 United States Code, is amended by striking ‘‘this chapter

10 while serving—’’ and all that follows and inserting ‘‘this

11 chapter—

12 ‘‘(1) while the member is serving—

13 ‘‘(A) in the Selected Reserve of the Ready

14 Reserve, in the case of a member called or or15 dered to active service while serving in the Se16 lected Reserve; or

17 ‘‘(B) in the Ready Reserve, in the case of a

18 member ordered to active duty while serving in

19 the Ready Reserve (other than the Selected Re20 serve); and

21 ‘‘(2) in the case of a person who separates from

22 the Selected Reserve of the Ready Reserve after com23 pletion of a period of active service described in sec24 tion 16163 of this title and completion of a service

25 contract under other than dishonorable conditions,
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1 during the 10-year period beginning on the date on

2 which the person separates from the Selected Re3 serve.’’.

4 (b) CONFORMING AMENDMENT.—Paragraph (2) of sec5 tion 16165(a) of such title is amended to read as follows:

6 ‘‘(2) when the member separates from the Ready

7 Reserve as provided in section 16164(a)(1) of this

8 title, or upon completion of the period provided for in

9 section 16164(a)(2) of this title, as applicable.’’.

10 (c) EFFECTIVE DATE.—The amendments made by this

11 section shall take effect on October 28, 2004, as if included

12 in the enactment of the Ronald W. Reagan National Defense

13 Authorization Act for Fiscal Year 2005 (Public Law 108–

14 375), to which such amendments relate.

15 Subtitle F—Other Matters

16 SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME RE17 PLACEMENT PAYMENTS FOR RESERVES EXPE18 RIENCING EXTENDED AND FREQUENT MOBI19 LIZATION FOR ACTIVE-DUTY SERVICE.

20 (a) CLARIFICATION OF GENERAL AUTHORITY.—Sub21 section (a) of section 910 of title 37, United States Code,

22 is amended by inserting ‘‘, when the total monthly military

23 compensation of the member is less than the average month24 ly civilian income’’ after ‘‘by the Secretary’’.
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1 (b) ELIGIBILITY.—Subsection (b) of such section is

2 amended to read as follows:

3 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve

4 component member is entitled to a payment under this sec5 tion for any full month of active duty of the member—

6 ‘‘(1) while on active duty under an involuntary

7 mobilization order, following the date on which the

8 member—

9 ‘‘(A) completes 18 continuous months of

10 service on active duty under such an order;

11 ‘‘(B) completes 730 cumulative days of serv12 ice on active duty under such an order during

13 the previous 1,826 days; or

14 ‘‘(C) is involuntarily mobilized for service

15 on active duty for a period of 180 days or more

16 within 180 days following the member’s separa17 tion from a previous period of involuntary active

18 duty for period of 180 days or more; or

19 ‘‘(2) while retained on active duty under sub20 paragraph (A) or (B) of section 12301(h)(1) of title

21 10 because of an injury or illness incurred or aggra22 vated while deployed to an area designated for special

23 pay under section 310 of this title after becoming en24 titled to income replacement pay under paragraph

25 (1).’’.
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1 (c) TERMINATION.—Subsection (g) of such section is

2 amended to read as follows:

3 ‘‘(g) TERMINATION OF AUTHORITY.—Payment under

4 this section shall only be made for service performed on or

5 before December 31, 2008.’’.

6 SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAM7 ILY MEMBERS.

8 (a) IN GENERAL.—Section 319 of the Immigration

9 and Nationality Act (8 U.S.C. 1430) is amended by adding

10 at the end the following new subsection:

11 ‘‘(e) Any person who is lawfully admitted for perma12 nent residence, is the spouse or child of a member of the

13 Armed Forces, and is authorized to accompany such mem14 ber and reside in a foreign country with the member pursu15 ant to the member’s official orders, and who is so accom16 panying and residing with the member (in marital union

17 if a spouse), may be naturalized upon compliance with all

18 the requirements of this title except that the person’s resi19 dence and physical presence in such foreign country shall

20 be treated as residence and physical presence in the United

21 States or any State for the purpose of satisfying the require22 ments of section 316 or 322 for naturalization and for the

23 purpose of satisfying the requirements of section

24 101(a)(13)(C)(i) or (ii).’’.
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1 (b) OVERSEAS NATURALIZATION AUTHORITY.—Sec2 tion 1701(d) of the National Defense Authorization Act for

3 Fiscal Year 2004 (8 U.S.C. 1443a) is amended by inserting

4 ‘‘, and persons eligible to meet the residence or physical

5 presence requirements for naturalization pursuant to sub6 section (e) of section 319 of the Immigration and Nation7 ality Act (8 U.S.C. 1430),’’ after ‘‘Armed Forces’’.

8 (c) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on the date of enactment of this Act

10 and apply to any application of naturalization pending be11 fore the Secretary of Homeland Security on or after the date

12 of enactment.

13 SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRA14 TION PROGRAM.

15 (a) ESTABLISHMENT.—The Secretary of Defense shall

16 establish a national combat veteran reintegration program

17 to provide National Guard and Reserve members and their

18 families with sufficient information, services, referral, and

19 proactive outreach opportunities throughout the entire de20 ployment cycle. This program shall be known as the Yellow

21 Ribbon Reintegration Program.

22 (b) PURPOSE.—The Yellow Ribbon Reintegration Pro23 gram shall consist of informational events and activities for

24 Reserve Component members, their families, and commu25 nity members to facilitate access to services supporting their
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1 health and well-being through the four phases of the deploy2 ment cycle:

3 (1) Pre-Deployment.

4 (2) Deployment.

5 (3) Demobilization.

6 (4) Post-Deployment-Reconstitution.

7 (c) ORGANIZATION.—

8 (1) EXECUTIVE AGENT.—The Secretary shall des9 ignate the OSD (P&R) as the Department of Defense

10 executive agent for the Yellow Ribbon Reintegration

11 Program.

12 (2) ESTABLISHMENT OF THE OFFICE FOR RE13 INTEGRATION PROGRAMS.—

14 (A) IN GENERAL.—The OSD (P&R) shall

15 establish the Office for Reintegration Programs

16 within the OSD. The office shall administer all

17 reintegration programs in coordination with

18 State National Guard organizations. The office

19 shall be responsible for coordination with exist20 ing National Guard and Reserve family and

21 support programs. The Directors of the Army

22 National Guard and Air National Guard and

23 the Chiefs of the Army Reserve, Marine Corps

24 Reserve, Navy Reserve and Air Force Reserve

25 may appoint liaison officers to coordinate with
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1 the permanent office staff. The Center may also

2 enter into partnerships with other public enti3 ties, including, but not limited to, the U.S. De4 partment of Health and Human Services, Sub5 stance Abuse and Mental Health Services Ad6 ministration, for access to necessary substance

7 abuse and mental health treatment services from

8 local State-licensed service providers.

9 (B) ESTABLISHMENT OF A CENTER FOR EX10 CELLENCE IN REINTEGRATION.—The Office for

11 Reintegration Programs shall establish a Center

12 for Excellence in Reintegration within the office.

13 The Center shall collect and analyze ‘‘lessons

14 learned’’ and suggestions from State National

15 Guard and Reserve organizations with existing

16 or developing reintegration programs. The Cen17 ter shall also assist in developing training aids

18 and briefing materials and training representa19 tives from State National Guard and Reserve or20 ganizations.

21 (3) ADVISORY BOARD.—

22 (A) APPOINTMENT.—The Secretary of De23 fense shall appoint an advisory board to analyze

24 and report areas of success and areas for nec25 essary improvements. The advisory board shall
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1 include, but is not limited to, the Director of the

2 Army National Guard, the Director of the Air

3 National Guard, Chiefs of the Army Reserve,

4 Marine Corps Reserve, Navy Reserve, and Air

5 Force Reserve, the Assistant Secretary of Defense

6 for Reserve Affairs, an Adjutant General on a

7 rotational basis as determined by the Chief of the

8 National Guard Bureau, and any other Depart9 ment of Defense, Federal Government agency, or

10 outside organization as determined by the Sec11 retary of Defense. The members of the advisory

12 board may designate representatives in their

13 stead.

14 (B) SCHEDULE.—The advisory board shall

15 meet on a schedule as determined by the Sec16 retary of Defense.

17 (C) INITIAL REPORTING REQUIREMENT.—

18 The advisory board shall issue internal reports

19 as necessary and shall submit an initial report

20 to the Committees on Armed Services not later

21 than 180 days after the end of a one-year period

22 from establishment of the Office for Reintegra23 tion Programs. This report shall contain—
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1 (i) an evaluation of the reintegration

2 program’s implementation by State Na3 tional Guard and Reserve organizations;

4 (ii) an assessment of any unmet re5 source requirements; and

6 (iii) recommendations regarding closer

7 coordination between the Office of Re8 integration Programs and State National

9 Guard and Reserve organizations.

10 (D) ANNUAL REPORTS.—The advisory

11 board shall submit annual reports to the Com12 mittees on Armed Services of the Senate and the

13 House of Representatives following the initial re14 port by the first week in March of subsequent

15 years following the initial report.

16 (d) PROGRAM.—

17 (1) IN GENERAL.—The Office for Reintegration

18 Programs shall analyze the demographics, placement

19 of State Family Assistance Centers (FAC), and FAC

20 resources before a mobilization alert is issued to af21 fected State National Guard and Reserve organiza22 tions. The Office of Reintegration Programs shall con23 sult with affected State National Guard and Reserve

24 organizations following the issuance of a mobilization

25 alert and implement the reintegration events in ac-
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1 cordance with the Reintegration Program phase

2 model.

3 (2) PRE-DEPLOYMENT PHASE.—The Pre-Deploy4 ment Phase shall constitute the time from first notifi5 cation of mobilization until deployment of the mobi6 lized National Guard or Reserve unit. Events and ac7 tivities shall focus on providing education and ensur8 ing the readiness of service members, families, and

9 communities for the rigors of a combat deployment.

10 (3) DEPLOYMENT PHASE.—The Deployment

11 Phase shall constitute the period from deployment of

12 the mobilized National Guard or Reserve unit until

13 the unit arrives at a demobilization station inside the

14 continental United States. Events and services pro15 vided shall focus on the challenges and stress associ16 ated with separation and having a member in a com17 bat zone. Information sessions shall utilize State Na18 tional Guard and Reserve resources in coordination

19 with the Employer Support of Guard and Reserve Of20 fice, Transition Assistance Advisors, and the State

21 Family Programs Director.

22 (4) DEMOBILIZATION PHASE.—

23 (A) IN GENERAL.—The Demobilization

24 Phase shall constitute the period from arrival of

25 the National Guard or Reserve unit at the demo-
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1 bilization station until its departure for home

2 station. In the interest of returning members as

3 soon as possible to their home stations, reintegra4 tion briefings during the Demobilization Phase

5 shall be minimized. State Deployment Cycle

6 Support Teams are encouraged, however, to as7 sist demobilizing members in enrolling in the

8 Department of Veterans Affairs system using

9 Form 1010EZ during the Demobilization Phase.

10 State Deployment Cycle Support Teams may

11 provide other events from the Initial Reintegra12 tion Activity as determined by the State Na13 tional Guard or Reserve organizations. Remain14 ing events shall be conducted during the Post-De15 ployment-Reconstitution Phase.

16 (B) INITIAL REINTEGRATION ACTIVITY.—

17 The purpose of this reintegration program is to

18 educate service members about the resources that

19 are available to them and to connect members to

20 service providers who can assist them in over21 coming the challenges of reintegration.

22 (5) POST-DEPLOYMENT-RECONSTITUTION

23 PHASE.—

24 (A) IN GENERAL.—The Post-Deployment25 Reconstitution Phase shall constitute the period
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1 from arrival at home station until 180 days fol2 lowing demobilization. Activities and services

3 provided shall focus on reconnecting service

4 members with their families and communities

5 and providing resources and information nec6 essary for successful reintegration. Reintegration

7 events shall begin with elements of the Initial

8 Reintegration Activity program that were not

9 completed during the Demobilization Phase.

10 (B) 30-DAY, 60-DAY, AND 90-DAY RE11 INTEGRATION ACTIVITIES.—The State National

12 Guard and Reserve organizations shall hold re13 integration activities at the 30-day, 60-day, and

14 90-day interval following demobilization. These

15 activities shall focus on reconnecting service

16 members and family members with the service

17 providers from Initial Reintegration Activity to

18 ensure service members and their families under19 stand what benefits they are entitled to and what

20 resources are available to help them overcome the

21 challenges of reintegration. The Reintegration

22 Activities shall also provide a forum for service

23 members and families to address negative behav24 iors related to combat stress and transition.
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1 (C) SERVICE MEMBER PAY.—Service mem2 bers shall receive appropriate pay for days spent

3 attending the Reintegration Activities at the 30-

4 day, 60-day, and 90-day intervals.

5 (D) MONTHLY INDIVIDUAL REINTEGRATION

6 PROGRAM.—The Office for Reintegration Pro7 grams, in coordination with State National

8 Guard and Reserve organizations, shall offer a

9 monthly reintegration program for individual

10 service members released from active duty or for11 merly in a medical hold status. The program

12 shall focus on the special needs of this service

13 member subset and the Office for Reintegration

14 Programs shall develop an appropriate program

15 of services and information.

16 SEC. 684. FLEXIBILITY IN PAYING ANNUITIES TO CERTAIN

17 FEDERAL RETIREES WHO RETURN TO WORK.

18 (a) IN GENERAL.—Section 9902(j) of title 5, United

19 States Code, is amended to read as follows:

20 ‘‘(j) PROVISIONS RELATING TO REEMPLOYMENT.—

21 ‘‘(1) Except as provided under paragraph (2), if

22 an annuitant receiving an annuity from the Civil

23 Service Retirement and Disability Fund becomes em24 ployed in a position within the Department of De25 fense, his annuity shall continue. An annuitant so re-
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1 employed shall not be considered an employee for pur2 poses of chapter 83 or 84.

3 ‘‘(2)(A) An annuitant receiving an annuity from

4 the Civil Service Retirement and Disability Fund

5 who becomes employed in a position within the De6 partment of Defense following retirement under sec7 tion 8336(d)(1) or 8414(b)(1)(A) shall be subject to

8 section 8344 or 8468.

9 ‘‘(B) The Secretary of Defense may, under proce10 dures and criteria prescribed under subparagraph

11 (C), waive the application of the provisions of section

12 8344 or 8468 on a case-by-case or group basis, for

13 employment of an annuitant referred to in subpara14 graph (A) in a position in the Department of Defense.

15 ‘‘(C) The Secretary shall prescribe procedures for

16 the exercise of any authority under this paragraph,

17 including criteria for any exercise of authority and

18 procedures for a delegation of authority.

19 ‘‘(D) An employee as to whom a waiver under

20 this paragraph is in effect shall not be considered an

21 employee for purposes of subchapter III of chapter 83

22 or chapter 84.

23 ‘‘(3)(A) An annuitant retired under section

24 8336(d)(1) or 8414(b)(1)(A) receiving an annuity

25 from the Civil Service Retirement and Disability
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1 Fund, who is employed in a position within the De2 partment of Defense after the date of enactment of the

3 National Defense Authorization Act for Fiscal Year

4 2004 (Public Law 108–136), may elect to begin cov5 erage under paragraph (2) of this subsection.

6 ‘‘(B) An election for coverage under this para7 graph shall be filed not later than the later of 90 days

8 after the date the Department of Defense—

9 ‘‘(i) prescribes regulations to carry out this

10 subsection; or

11 ‘‘(ii) takes reasonable actions to notify em12 ployees who may file an election.

13 ‘‘(C) If an employee files an election under this

14 paragraph, coverage shall be effective beginning on the

15 date of the filing of the election.

16 ‘‘(D) Paragraph (1) shall apply to an individual

17 who is eligible to file an election under subparagraph

18 (A) of this paragraph and does not file a timely elec19 tion under subparagraph (B) of this paragraph.’’.

20 (b) REGULATIONS.—Not later than 60 days after the

21 date of enactment of this Act, the Secretary of Defense shall

22 prescribe regulations to carry out the amendment made by

23 this section.
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1 SEC. 685. PLAN FOR PARTICIPATION OF MEMBERS OF THE

2 NATIONAL GUARD AND THE RESERVES IN

3 THE BENEFITS DELIVERY AT DISCHARGE

4 PROGRAM.

5 (a) PLAN TO MAXIMIZE PARTICIPATION.—Not later

6 than 180 days after the date of the enactment of this Act,

7 the Secretary of Defense and the Secretary of Veterans Af8 fairs shall jointly submit to Congress a plan to maximize

9 access to the benefits delivery at discharge program for

10 members of the reserve components of the Armed Forces who

11 have been called or ordered to active duty at any time since

12 September 11, 2001.

13 (b) ELEMENTS.—The plan submitted under subsection

14 (a) shall include a description of efforts to ensure that serv15 ices under the benefits delivery at discharge program are

16 provided, to the maximum extent practicable—

17 (1) at appropriate military installations;

18 (2) at appropriate armories and military family

19 support centers of the National Guard;

20 (3) at appropriate military medical care facili21 ties at which members of the Armed Forces are sepa22 rated or discharged from the Armed Forces;

23 (4) in the case of a member on the temporary

24 disability retired list under section 1202 or 1205 of

25 title 10, United States Code, who is being retired

26 under another provision of such title or is being dis-
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1 charged, at a location reasonably convenient to the

2 member; and

3 (5) that services described in the plan can be

4 provided within resources available to the Secretary

5 of Defense and the Secretary of Veterans Affairs in

6 the appropriate fiscal year.

7 (c) BENEFITS DELIVERY AT DISCHARGE PROGRAM

8 DEFINED.—In this section, the term ‘‘benefits delivery at

9 discharge program’’ means a program administered jointly

10 by the Secretary of Defense and the Secretary of Veterans

11 Affairs to provide information and assistance on available

12 benefits and other transition assistance to members of the

13 Armed Forces who are separating from the Armed Forces,

14 including assistance to obtain any disability benefits for

15 which such members may be eligible.

16 SEC. 686. MODIFICATION OF AMOUNT OF BACK PAY FOR

17 MEMBERS OF NAVY AND MARINE CORPS SE18 LECTED FOR PROMOTION WHILE INTERNED

19 AS PRISONERS OF WAR DURING WORLD WAR

20 II TO TAKE INTO ACCOUNT CHANGES IN CON21 SUMER PRICE INDEX.

22 (a) MODIFICATION.—Section 667(c) of the Floyd D.

23 Spence National Defense Authorization Act for Fiscal Year

24 2001 (as enacted into law by Public Law 106–398; 114
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1 Stat. 1654A–170) is amended by adding at the end the fol2 lowing new paragraph:

3 ‘‘(3) The amount determined for a person under para4 graph (1) shall be increased to reflect increases in cost of

5 living since the basic pay referred to in paragraph (1)(B)

6 was paid to or for that person, calculated on the basis of

7 the Consumer Price Index (all items—United States city

8 average) published monthly by the Bureau of Labor Statis9 tics.’’.

10 (b) RECALCULATION OF PREVIOUS PAYMENTS.—In the

11 case of any payment of back pay made to or for a person

12 under section 667 of the Floyd D. Spence National Defense

13 Authorization Act for Fiscal Year 2001 before the date of

14 the enactment of this Act, the Secretary of the Navy shall—

15 (1) recalculate the amount of back pay to which

16 the person is entitled by reason of the amendment

17 made by subsection (a); and

18 (2) if the amount of back pay, as so recalculated,

19 exceeds the amount of back pay so paid, pay the per20 son, or the surviving spouse of the person, an amount

21 equal to the excess.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 SEC. 701. INCLUSION OF TRICARE RETAIL PHARMACY PRO4 GRAM IN FEDERAL PROCUREMENT OF PHAR5 MACEUTICALS.

6 (a) IN GENERAL.—Section 1074g of title 10, United

7 States Code, is amended—

8 (1) by redesignating subsections (f) and (g) as

9 subsections (g) and (h), respectively; and

10 (2) by inserting after subsection (e) the following

11 new subsection (f):

12 ‘‘(f) PROCUREMENT OF PHARMACEUTICALS BY

13 TRICARE RETAIL PHARMACY PROGRAM.—With respect to

14 any prescription filled on or after October 1, 2007, the

15 TRICARE retail pharmacy program shall be treated as an

16 element of the Department of Defense for purposes of the

17 procurement of drugs by Federal agencies under section

18 8126 of title 38 to the extent necessary to ensure that phar19 maceuticals paid for by the Department of Defense that are

20 provided by pharmacies under the program to eligible cov21 ered beneficiaries under this section are subject to the pric22 ing standards in such section 8126.’’.

23 (b) REGULATIONS.—The Secretary of Defense shall,

24 after consultation with the other administering Secretaries

25 under chapter 55 of title 10, United States Code, modify
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1 the regulations under subsection (h) of section 1074g of title

2 10, United States Code (as redesignated by subsection (a)(1)

3 of this section), to implement the requirements of subsection

4 (f) of section 1074g of title 10, United States Code (as

5 amended by subsection (a)(2) of this section). The Secretary

6 shall so modify such regulations not later than December

7 31, 2007.

8 SEC. 702. SURVEYS ON CONTINUED VIABILITY OF TRICARE

9 STANDARD AND TRICARE EXTRA.

10 (a) REQUIREMENT FOR SURVEYS.—

11 (1) IN GENERAL.—The Secretary of Defense shall

12 conduct surveys of health care providers and bene13 ficiaries who use TRICARE in the United States to

14 determine, utilizing a reconciliation of the responses

15 of providers and beneficiaries to such surveys, each of

16 the following:

17 (A) How many health care providers in

18 TRICARE Prime service areas selected under

19 paragraph (3)(A) are accepting new patients

20 under each of TRICARE Standard and

21 TRICARE Extra.

22 (B) How many health care providers in ge23 ographic areas in which TRICARE Prime is not

24 offered are accepting patients under each of

25 TRICARE Standard and TRICARE Extra.
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1 (C) The availability of mental health care

2 providers in TRICARE Prime service areas se3 lected under paragraph (3)(C) and in geographic

4 areas in which TRICARE Prime is not offered.

5 (2) BENCHMARKS.—The Secretary shall establish

6 for purposes of the surveys required by paragraph (1)

7 benchmarks for primary care and specialty care pro8 viders, including mental health care providers, to be

9 utilized to determine the adequacy of health care pro10 viders to beneficiaries eligible for TRICARE.

11 (3) SCOPE OF SURVEYS.—The Secretary shall

12 carry out the surveys required by paragraph (1) as

13 follows:

14 (A) In the case of the surveys required by

15 subparagraph (A) of that paragraph, in at least

16 20 TRICARE Prime service areas in the United

17 States in each of fiscal years 2008 through 2011.

18 (B) In the case of the surveys required by

19 subparagraph (B) of that paragraph, in 20 geo20 graphic areas in which TRICARE Prime is not

21 offered and in which significant numbers of

22 beneficiaries who are members of the Selected Re23 serve reside.
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1 (C) In the case of the surveys required by

2 subparagraph (C) of that paragraph, in at least

3 40 geographic areas.

4 (4) PRIORITY FOR SURVEYS.—In prioritizing the

5 areas which are to be surveyed under paragraph (1),

6 the Secretary shall—

7 (A) consult with representatives of

8 TRICARE beneficiaries and health care and

9 mental health care providers to identify locations

10 where TRICARE Standard beneficiaries are ex11 periencing significant levels of access-to-care

12 problems under TRICARE Standard or

13 TRICARE Extra; and

14 (B) give a high priority to surveying health

15 care and mental health care providers in such

16 areas.

17 (5) INFORMATION FROM PROVIDERS.—The sur18 veys required by paragraph (1) shall include ques19 tions seeking to determine from health care and men20 tal health care providers the following:

21 (A) Whether the provider is aware of the

22 TRICARE program.

23 (B) What percentage of the provider’s cur24 rent patient population uses any form of

25 TRICARE.
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1 (C) Whether the provider accepts patients

2 for whom payment is made under the medicare

3 program for health care and mental health care

4 services.

5 (D) If the provider accepts patients referred

6 to in subparagraph (C), whether the provider

7 would accept additional such patients who are

8 not in the provider’s current patient population.

9 (6) INFORMATION FROM BENEFICIARIES.—The

10 surveys required by paragraph (1) shall include ques11 tions seeking information to determine from

12 TRICARE beneficiaries whether they have difficulties

13 in finding health care and mental health care pro14 viders willing to provide services under TRICARE

15 Standard or TRICARE Extra.

16 (b) SUPERVISION.—

17 (1) SUPERVISING OFFICIAL.—The Secretary shall

18 designate a senior official of the Department of De19 fense to take the actions necessary for achieving and

20 maintaining participation of health care and mental

21 health care providers in TRICARE Standard and

22 TRICARE Extra throughout TRICARE in a number

23 that is adequate to ensure the viability of TRICARE

24 Standard for TRICARE beneficiaries.
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1 (2) DUTIES.—The official designated under

2 paragraph (1) shall have the following duties:

3 (A) To make recommendations to the Sec4 retary for purposes of subsection (a)(2) on ap5 propriate benchmarks for measuring the ade6 quacy of health care and mental health care pro7 viders in TRICARE Prime service areas and ge8 ographic areas in the United States in which

9 TRICARE Prime is not offered.

10 (B) To educate health care and mental

11 health care providers about TRICARE Standard

12 and TRICARE Extra.

13 (C) To encourage health care and mental

14 health care providers to accept patients under

15 TRICARE Standard and TRICARE Extra.

16 (D) To ensure that TRICARE beneficiaries

17 have the information necessary to locate

18 TRICARE Standard and TRICARE Extra pro19 viders readily.

20 (E) To recommend adjustments in

21 TRICARE Standard provider payment rates

22 that the official considers necessary to ensure

23 adequate availability of TRICARE Standard

24 providers for TRICARE Standard beneficiaries.

25 (c) GAO REVIEW.—
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1 (1) ONGOING REVIEW.—The Comptroller General

2 shall, on an ongoing basis, review—

3 (A) the processes, procedures, and analysis

4 used by the Department of Defense to determine

5 the adequacy of the number of health care and

6 mental health care providers—

7 (i) that currently accept TRICARE

8 Standard or TRICARE Extra beneficiaries

9 as patients under TRICARE Standard in

10 each TRICARE area as of the date of com11 pletion of the review; and

12 (ii) that would accept TRICARE

13 Standard or TRICARE Extra beneficiaries

14 as new patients under TRICARE Standard

15 or TRICARE Extra, as applicable, within

16 a reasonable time after the date of comple17 tion of the review; and

18 (B) the actions taken by the Department of

19 Defense to ensure ready access of TRICARE

20 Standard beneficiaries to health care and mental

21 health care under TRICARE Standard in each

22 TRICARE area, including any pending or re23 solved requests for waiver of payment limits in

24 order to improve access to health care or mental

25 health care in a specific geographic area.
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1 (2) REPORTS.—The Comptroller General shall

2 submit to the Committees on Armed Services of the

3 Senate and the House of Representatives on a bi-an4 nual basis a report on the results of the review under

5 paragraph (1). Each report shall include the fol6 lowing:

7 (A) An analysis of the adequacy of the sur8 veys under subsection (a).

9 (B) An identification of any impediments

10 to achieving adequacy of availability of health

11 care and mental health care under TRICARE

12 Standard or TRICARE Extra.

13 (C) An assessment of the adequacy of De14 partment of Defense education programs to in15 form health care and mental health care pro16 viders about TRICARE Standard and

17 TRICARE Extra.

18 (D) An assessment of the adequacy of De19 partment of Defense initiatives to encourage

20 health care and mental health care providers to

21 accept patients under TRICARE Standard and

22 TRICARE Extra.

23 (E) An assessment of the adequacy of infor24 mation available to TRICARE Standard bene25 ficiaries to facilitate access by such beneficiaries
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1 to health care and mental health care under

2 TRICARE Standard and TRICARE Extra.

3 (F) An assessment of any need for adjust4 ment of health care and mental health care pro5 vider payment rates to attract participation in

6 TRICARE Standard by appropriate numbers of

7 health care and mental health care providers.

8 (d) EFFECTIVE DATE.—This section shall take effect

9 on October 1, 2007.

10 (e) REPEAL OF SUPERSEDED REQUIREMENTS AND

11 AUTHORITY.—Section 723 of the National Defense Author12 ization Act for Fiscal Year 2004 (10 U.S.C. 1073 note) is

13 repealed, effective as of October 1, 2007.

14 (f) DEFINITIONS.—In this section:

15 (1) The term ‘‘TRICARE Extra’’ means the op16 tion of the TRICARE program under which

17 TRICARE Standard beneficiaries may obtain dis18 counts on cost-sharing as a result of using TRICARE

19 network providers.

20 (2) The term ‘‘TRICARE Prime’’ means the

21 managed care option of the TRICARE program.

22 (3) The term ‘‘TRICARE Prime service area’’

23 means a geographic are designated by the Department

24 of Defense in which managed care support contractors
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1 develop a managed care network under TRICARE

2 Prime.

3 (4) The term ‘‘TRICARE Standard’’ means the

4 option of the TRICARE program that is also known

5 as the Civilian Health and Medical Program of the

6 Uniformed Services, as defined in section 1072(4) of

7 title 10, United States Code.

8 (5) The term ‘‘United States’’ means the United

9 States (as defined in section 101(a) of title 10, United

10 States Code), its possessions (as defined in such sec11 tion), and the Commonwealth of Puerto Rico.

12 SEC. 703. REPORT ON PATIENT SATISFACTION SURVEYS.

13 (a) REPORT REQUIRED.—Not later than March 1,

14 2008, the Secretary of Defense shall submit to the congres15 sional defense committees a report on the ongoing patient

16 satisfaction surveys taking place in Department of Defense

17 inpatient and outpatient settings at military treatment fa18 cilities.

19 (b) CONTENT.—The report required under subsection

20 (a) shall include the following:

21 (1) The types of survey questions asked.

22 (2) How frequently the surveying is conducted.

23 (3) How often the results are analyzed and re24 ported back to the treatment facilities.

25 (4) To whom survey feedback is made available.
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1 (5) How best practices are incorporated for qual2 ity improvement.

3 (6) An analysis of the impact and effect of inpa4 tient and outpatient surveys quality improvement

5 and a comparison of patient satisfaction survey pro6 grams with patient satisfaction survey programs used

7 by other public and private health care systems and

8 organizations.

9 (c) USE OF REPORT INFORMATION.—The Secretary

10 shall use information in the report as the basis for a plan

11 for improvements in patient satisfaction surveys at health

12 care at military treatment facilities in order to ensure the

13 provision of high quality healthcare and hospital services

14 in such facilities.

15 SEC. 704. REVIEW OF LICENSED MENTAL HEALTH COUN16 SELORS, SOCIAL WORKERS, AND MARRIAGE

17 AND FAMILY THERAPISTS UNDER THE

18 TRICARE PROGRAM.

19 (a) REVIEW REQUIRED.—The Secretary of Defense

20 shall enter into a contract with the Institute of Medicine

21 of the National Academy of Sciences, or another similarly

22 qualified independent academic medical organization, for

23 the purpose of—

24 (1) conducting an independent study of the com25 parability of credentials, preparation, and training of
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1 individuals practicing as licensed mental health coun2 selors, social workers, and marriage and family thera3 pists under the TRICARE program to provide mental

4 health services; and

5 (2) making recommendations for permitting such

6 professionals to practice independently under the

7 TRICARE program.

8 (b) ELEMENTS.—The study required by subsection (a)

9 shall provide for each of the health care professions referred

10 to in subsection (a)(1) the following:

11 (1) An assessment of the educational require12 ments and curriculums relevant to mental health

13 practice for members of such profession, including

14 types of degrees recognized, certification standards for

15 graduate programs for such profession, and recogni16 tion of undergraduate coursework for completion of

17 graduate degree requirements.

18 (2) An assessment of State licensing require19 ments for members of such profession, including for

20 each level of licensure if a State issues more than one

21 type of license for the profession. The assessment shall

22 examine requirements in the areas of education,

23 training, examination, continuing education, and

24 ethical standards, and shall include an evaluation of

25 the extent to which States, through their scope of
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1 practice, either implicitly or explicitly authorize

2 members of such profession to diagnose and treat

3 mental illnesses.

4 (3) An analysis of the requirements for clinical

5 experience in such profession to be recognized under

6 regulations for the TRICARE program, and rec7 ommendations, if any, for standardization or adjust8 ment of such requirements with those of the other pro9 fessions.

10 (4) An assessment of the extent to which practi11 tioners under such profession are authorized to prac12 tice independently under other Federal programs

13 (such as the Medicare program, the Department of

14 Veterans Affairs, the Indian Health Service, Head

15 Start, and the Federal Employee Health Benefits Pro16 gram), and a review the relationship, if any, between

17 recognition of such profession under the Medicare pro18 gram and independent practice authority for such

19 profession under the TRICARE program.

20 (5) An assessment of the extent to which practi21 tioners under such profession are authorized to prac22 tice independently under private insurance plans.

23 The assessment shall identify the States having laws

24 requiring private insurers to cover, or offer coverage

25 of, the services of members of such profession, and
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1 shall identify the conditions, if any, that are placed

2 on coverage of practitioners under such profession by

3 insurance plans and how frequently these types of

4 conditions are used by insurers.

5 (6) An historical review of the regulations issued

6 by the Department of Defense regarding which mem7 bers of such profession are recognized as providers

8 under the TRICARE program as independent practi9 tioners, and an examination of the recognition by the

10 Department of third party certification for members

11 of such profession.

12 (c) PROVIDERS STUDIED.—It the sense of Congress

13 that the study required by subsection (a) should focus only

14 on those practitioners of each health care profession referred

15 to in subsection (a)(1) who are permitted to practice under

16 regulations for the TRICARE program as specified in sec17 tion 119.6 of title 32, Code of Federal Regulations.

18 (d) CLINICAL CAPABILITIES STUDIES.—The study re19 quired by subsection (a) shall include a review of outcome

20 studies and of the literature regarding the comparative

21 quality and effectiveness of care provided by practitioners

22 within each of the health care professions referred to in sub23 section (a)(1), and provide an independent review of the

24 findings.
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1 (e) RECOMMENDATIONS FOR TRICARE INDEPENDENT

2 PRACTICE AUTHORITY.—The recommendations provided

3 under subsection (a)(2) shall include specific recommenda4 tion (whether positive or negative) regarding modifications

5 of current policy for the TRICARE program with respect

6 to allowing members of each of the health care professions

7 referred to in subsection (a)(1) to practice independently

8 under the TRICARE program, including recommendations

9 regarding possible revision of requirements for recognition

10 of practitioners under each such profession.

11 (f) REPORT .—Not later than 180 days after the date

12 of the enactment of this Act, the Secretary shall submit to

13 the Committees on Armed Services of the Senate and the

14 House of Representatives a report on the review required

15 by subsection (a).

16 SEC. 705. SENSE OF SENATE ON COLLABORATIONS BE17 TWEEN THE DEPARTMENT OF DEFENSE AND

18 THE DEPARTMENT OF VETERANS AFFAIRS ON

19 HEALTH CARE FOR WOUNDED WARRIORS.

20 (a) FINDINGS.—The Senate makes the following find21 ings:

22 (1) There have been recent collaborations between

23 the Department of Defense, the Department of Vet24 erans Affairs, and the civilian medical community for

25 purposes of providing high quality medical care to
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1 America’s wounded warriors. One such collaboration

2 is occurring in Augusta, Georgia, between the Dwight

3 D. Eisenhower Army Medical Center at Fort Gordon,

4 the Augusta Department of Veterans Affairs Medical

5 Center, the Medical College of Georgia, and local

6 health care providers under the TRICARE program.

7 (2) Medical staff from the Dwight D. Eisenhower

8 Army Medical Center and the Augusta Department of

9 Veterans Affairs Medical Center have been meeting

10 weekly to discuss future patient cases for the Active

11 Duty Rehabilitation Unit (ADRU) within the Up12 town Department of Veterans Affairs facility. The Ac13 tive Duty Rehabilitation Unit, along with the

14 Polytrauma Centers of the Department of Veterans

15 Affairs, provide rehabilitation for members of the

16 Armed Forces on active duty.

17 (3) Since 2004, 1,037 soldiers, sailors, airmen,

18 and marines have received rehabilitation services at

19 the Active Duty Rehabilitation Unit, 32 percent of

20 whom served in Operation Iraqi Freedom or Oper21 ation Enduring Freedom.

22 (4) The Dwight D. Eisenhower Army Medical

23 Center and the Augusta Department of Veterans Af24 fairs Medical Center have combined their neuro-
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1 surgery programs and have coordinated on critical

2 brain injury and psychiatric care.

3 (5) The Department of Defense, the Army, and

4 the Army Medical Command have recognized the need

5 for expanded behavioral health care services for mem6 bers of the Armed Forces returning from Operation

7 Iraqi Freedom and Operation Enduring Freedom.

8 These services are currently being provided by the

9 Dwight D. Eisenhower Army Medical Center.

10 (b) SENSE OF SENATE.—It is the sense of the Senate

11 that the Department of Defense should encourage con12 tinuing collaboration between the Army and the Depart13 ment of Veterans Affairs in treating America’s wounded

14 warriors and, when appropriate and available, provide ad15 ditional support and resources for the development of such

16 collaborations, including the current collaboration between

17 the Active Duty Rehabilitation Unit at the Augusta Depart18 ment of Veterans Affairs Medical Center, Georgia, and the

19 behavioral health care services program at the Dwight D.

20 Eisenhower Army Medical Center, Fort Gordon, Georgia.

21 SEC. 706. AUTHORITY FOR EXPANSION OF PERSONS ELIGI22 BLE FOR CONTINUED HEALTH BENEFITS

23 COVERAGE.

24 (a) AUTHORITY TO SPECIFY ADDITIONAL ELIGIBLE

25 PERSONS.—Subsection (b) of section 1078a of title 10,
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1 United States Code, is amended by adding at the end the

2 following new paragraph:

3 ‘‘(4) Any other person specified in regulations

4 prescribed by the Secretary of Defense for purposes of

5 this paragraph who loses entitlement to health care

6 services under this chapter or section 1145 of this

7 title, subject to such terms and conditions as the Sec8 retary shall prescribe in the regulations.’’.

9 (b) ELECTION OF COVERAGE.—Subsection (d) of such

10 section is amended by adding at the end the following new

11 paragraph:

12 ‘‘(4) In the case of a person described in sub13 section (b)(4), by such date as the Secretary shall pre14 scribe in the regulations required for purposes of that

15 subsection.’’.

16 (c) PERIOD OF COVERAGE.—Subsection (g)(1) of such

17 section is amended—

18 (1) in subparagraph (B), by striking ‘‘and’’ at

19 the end;

20 (2) in subparagraph (C), by striking the period

21 at the end and inserting ‘‘; and’’; and

22 (3) by adding at the end the following new sub23 paragraph:

24 ‘‘(D) in the case of a person described in sub25 section (b)(4), the date that is 36 months after the
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1 date on which the person loses entitlement to health

2 care services as described in that subsection.’’.

3 SEC. 707. CONTINUATION OF ELIGIBILITY FOR TRICARE

4 STANDARD COVERAGE FOR CERTAIN MEM5 BERS OF THE SELECTED RESERVE.

6 (a) IN GENERAL.—Section 706(f) of the John Warner

7 National Defense Authorization Act for Fiscal Year 2007

8 (Public Law 109–364; 120 Stat. 2282; 10 U.S.C. 1076d

9 note) is amended—

10 (1) by striking ‘‘Enrollments’’ and inserting ‘‘(1)

11 Except as provided in paragraph (2), enrollments’’;

12 and

13 (2) by adding at the end the following new para14 graph:

15 ‘‘(2) The enrollment of a member in TRICARE Stand16 ard that is in effect on the day before health care under

17 TRICARE Standard is provided pursuant to the effective

18 date in subsection (g) shall not be terminated by operation

19 of the exclusion of eligibility under subsection (a)(2) of such

20 section 1076d, as so amended, for the duration of the eligi21 bility of the member under TRICARE Standard as in effect

22 on October 16, 2006.’’.

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect on October 1, 2007.
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1 SEC. 708. AUTHORITY FOR SPECIAL REIMBURSEMENT

2 RATES FOR MENTAL HEALTH CARE SERVICES

3 UNDER THE TRICARE PROGRAM.

4 (a) AUTHORITY.—Section 1079(h)(5) of title 10,

5 United States Code, is amended in the first sentence by in6 serting ‘‘, including mental health care services,’’ after

7 ‘‘health care services’’.

8 (b) REPORT ON ACCESS TO MENTAL HEALTH CARE

9 SERVICES.—Not later than one year after the date of the

10 enactment of this Act, the Secretary of Defense shall submit

11 to the Committees on Armed Services of the Senate and the

12 House of Representatives a report on the adequacy of access

13 to mental health services under the TRICARE program, in14 cluding in the geographic areas where surveys on the con15 tinued viability of TRICARE Standard and TRICARE

16 Extra are conducted under section 702 of this Act.

17 SEC. 709. IMPLEMENTATION OF RECOMMENDATIONS OF DE18 PARTMENT OF DEFENSE MENTAL HEALTH

19 TASK FORCE.

20 (a) IN GENERAL.—As soon as practicable, but not

21 later than May 31, 2008, the Secretary of Defense shall im22 plement the recommendations of the Department of Defense

23 Task Force on Mental Health developed pursuant to section

24 723 of the National Defense Authorization Act for Fiscal

25 Year 2006 (Public Law 109–163; 119 Stat. 3348) to ensure
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1 a full continuum of psychological health services and care

2 for members of the Armed Forces and their families.

3 (b) IMPLEMENTATION OF CERTAIN RECOMMENDA4 TIONS.—Not later than 180 days after the date of the enact5 ment of this Act, the Secretary shall implement the fol6 lowing recommendations of the Department of Defense Task

7 Force on Mental Health:

8 (1) The implementation of a comprehensive pub9 lic education campaign to reduce the stigma associ10 ated with mental health problems.

11 (2) The appointment of a psychological director

12 of health for each military department, each military

13 treatment facility, the National Guard, and the Re14 serve Component, and the establishment of a psycho15 logical health council.

16 (3) The establishment of a center of excellence for

17 the study of psychological health.

18 (4) The enhancement of TRICARE benefits and

19 care for mental health problems.

20 (5) The implementation of an annual psycho21 logical health assessment addressing cognition, psy22 chological functioning, and overall psychological read23 iness for each member of the Armed Forces, including

24 members of the National Guard and Reserve Compo25 nent.
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1 (6) The development of a model for allocating re2 sources to military mental health facilities, and serv3 ices embedded in line units, based on an assessment

4 of the needs of and risks faced by the populations

5 served by such facilities and services.

6 (7) The issuance of a policy directive to ensure

7 that each military department carefully assesses the

8 history of occupational exposure to conditions poten9 tially resulting in post-traumatic stress disorder,

10 traumatic brain injury, or related diagnoses in mem11 bers of the Armed Forces facing administrative or

12 medical discharge.

13 (8) The maintenance of adequate family support

14 programs for families of deployed members of the

15 Armed Forces.

16 (c) RECOMMENDATIONS REQUIRING LEGISLATIVE AC17 TION.—Not later than 60 days after the date of the enact18 ment of this Act, the Secretary shall submit to the congres19 sional defense committees a description of any legislative

20 action required to implement the recommendations of the

21 Department of Defense Mental Health Task Force.

22 (d) RECOMMENDATIONS TO BE NOT IMPLEMENTED.—

23 Not later than 180 days after the date of the enactment of

24 this Act, the Secretary shall submit to the congressional de25 fense committees a description of any recommendations of
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1 the Department of Defense Mental Health Task Force the

2 Secretary of Defense has determined not to implement.

3 (e) PROGRESS REPORTS REQUIRED.—

4 (1) IN GENERAL.—Not later than 180 days after

5 the date of the enactment of this Act, and every six

6 months thereafter until the date described in para7 graph (2), the Secretary shall submit to the congres8 sional defense committees a report on the status of the

9 implementation of the recommendations of the De10 partment of Defense Mental Health Task Force.

11 (2) DATE DESCRIBED.—The date described in

12 this paragraph is the date on which all recommenda13 tions of the Department of Defense Mental Health

14 Task Force have been implemented other than the rec15 ommendations the Secretary has determined pursuant

16 to subsection (d) not to implement.

17 SEC. 710. CENTER OF EXCELLENCE IN PREVENTION, DIAG18 NOSIS, MITIGATION, TREATMENT, AND REHA19 BILITATION OF MILITARY EYE INJURIES.

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—Chapter 55 of title 10, United

22 States Code, is amended by inserting after section

23 1105 the following new section:
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1 ‘‘§ 1105a. Center of Excellence in Prevention, Diag2 nosis, Mitigation, Treatment, and Reha3 bilitation of Military Eye Injuries

4 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es5 tablish within the Department of Defense a center of excel6 lence in the prevention, diagnosis, mitigation, treatment,

7 and rehabilitation of military eye injuries to carry out the

8 responsibilities specified in subsection (c). The center shall

9 be known as a ‘Center of Excellence in Prevention, Diag10 nosis, Mitigation, Treatment, and Rehabilitation of Mili11 tary Eye Injuries’.

12 ‘‘(b) PARTNERSHIPS.—The Secretary shall ensure that

13 the Center collaborates to the maximum extent practicable

14 with the Department of Veterans Affairs, institutions of

15 higher education, and other appropriate public and private

16 entities (including international entities) to carry out the

17 responsibilities specified in subsection (c).

18 ‘‘(c) RESPONSIBILITIES.—(1) The Center shall—

19 ‘‘(A) develop, implement, and oversee a registry

20 of information for the tracking of the diagnosis, sur21 gical intervention or other operative procedure, other

22 treatment, and follow up for each case of eye injury

23 incurred by a member of the armed forces in combat

24 that requires surgery or other operative intervention;

25 and
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1 ‘‘(B) ensure the electronic exchange with Sec2 retary of Veterans Affairs of information obtained

3 through tracking under subparagraph (A).

4 ‘‘(2) The registry under this subsection shall be known

5 as the ‘Military Eye Injury Registry’.

6 ‘‘(3) The Center shall develop the Registry in consulta7 tion with the ophthalmological specialist personnel and op8 tometric specialist personnel of the Department of Defense.

9 The mechanisms and procedures of the Registry shall reflect

10 applicable expert research on military and other eye inju11 ries.

12 ‘‘(4) The mechanisms of the Registry for tracking

13 under paragraph (1)(A) shall ensure that each military

14 medical treatment facility or other medical facility shall

15 submit to the Center for inclusion in the Registry informa16 tion on the diagnosis, surgical intervention or other opera17 tive procedure, other treatment, and follow up for each case

18 of eye injury described in that paragraph as follows (to the

19 extent applicable):

20 ‘‘(A) Not later than 72 hours after surgery or

21 other operative intervention.

22 ‘‘(B) Any clinical or other operative intervention

23 done within 30 days, 60 days, or 120 days after sur24 gery or other operative intervention as a result of a

25 follow-up examination.
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1 ‘‘(C) Not later than 180 days after surgery or

2 other operative intervention.

3 ‘‘(5)(A) The Center shall provide notice to the Blind

4 Service or Low Vision Optometry Service, as applicable, of

5 the Department of Veterans Affairs on each member of the

6 armed forces described in subparagraph (B) for purposes

7 of ensuring the coordination of the provision of visual reha8 bilitation benefits and services by the Department of Vet9 erans Affairs after the separation or release of such member

10 from the armed forces.

11 ‘‘(B) A member of the armed forces described in this

12 subparagraph is a member of the armed forces as follows:

13 ‘‘(i) A member with an eye injury incurred in

combat who has a visual acuity of 20 14 ⁄200 or less in ei15 ther eye.

16 ‘‘(ii) A member with an eye injury incurred in

17 combat who has a loss of peripheral vision of twenty

18 degrees or less.

19 ‘‘(d) UTILIZATION OF REGISTRY INFORMATION.—The

20 Secretary of Defense and the Secretary of Veterans Affairs

21 shall jointly ensure that information in the Military Eye

22 Injury Registry is available to appropriate ophthalmo23 logical and optometric personnel of the Department of Vet24 erans Affairs for purposes of encouraging and facilitating

25 the conduct of research, and the development of best prac-
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1 tices and clinical education, on eye injuries incurred by

2 members of the armed forces in combat.’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 55 of such title is

5 amended by inserting after the item relating to sec6 tion 1105 the following new item:

‘‘1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment,

and Rehabilitation of Military Eye Injuries.’’.

7 (b) INCLUSION OF RECORDS OF OIF/OEF VET8 ERANS.—The Secretary of Defense shall take appropriate

9 actions to include in the Military Eye Injury Registry es10 tablished under section 1105a of title 10, United States

11 Code (as added by subsection (a)), such records of members

12 of the Armed Forces who incurred an eye injury in combat

13 in Operation Iraqi Freedom or Operation Enduring Free14 dom before the establishment of the Registry as the Sec15 retary considers appropriate for purposes of the Registry.

16 (c) REPORT ON ESTABLISHMENT.—Not later than 180

17 days after the date of the enactment of this Act, the Sec18 retary shall submit to Congress a report on the status of

19 the Center of Excellence in Prevention, Diagnosis, Mitiga20 tion, Treatment, and Rehabilitation of Military Eye Inju21 ries under section 1105a of title 10, United States Code (as

22 so added), including the progress made in established the

23 Military Eye Injury Registry required under that section.
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1 (d) TRAUMATIC BRAIN INJURY POST TRAUMATIC VIS2 UAL SYNDROME.—In carrying out the program at Walter

3 Reed Army Medical Center, District of Columbia, on Trau4 matic Brain Injury Post Traumatic Visual Syndrome, the

5 Secretary of Defense and the Department of Veterans Af6 fairs shall jointly provide for the conduct of a cooperative

7 study on neuro-optometric screening and diagnosis of mem8 bers of the Armed Forces with Traumatic Brain Injury by

9 military medical treatment facilities of the Department of

10 Defense and medical centers of the Department of Veterans

11 Affairs selected for purposes of this subsection for purposes

12 of vision screening, diagnosis, rehabilitative management,

13 and vision research on visual dysfunction related to Trau14 matic Brain Injury.

15 (e) FUNDING.—Of the amounts available for Defense

16 Health Program, $5,000,000 may be available for the Cen17 ter of Excellence in Prevention, Diagnosis, Mitigation,

18 Treatment, and Rehabilitation of Military Eye Injuries

19 under section 1105a of title 10, United States Code (as so

20 added).

21 SEC. 711. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP

22 PROGRAM FOR CIVILIAN MENTAL HEALTH

23 PROFESSIONALS.

24 (a) REPORT REQUIRED.—Not later than 180 days

25 after the date of the enactment of this Act, the Secretary
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1 of Defense shall, in consultation with the Assistant Sec2 retary of Defense for Health Affairs and each of the Sur3 geons General of the Armed Forces, shall submit to Congress

4 a report on the feasibility and advisability of establishing

5 a scholarship program for civilian mental health profes6 sionals.

7 (b) ELEMENTS.—The report shall include the fol8 lowing:

9 (1) An assessment of a potential scholarship pro10 gram that provides certain educational funding to

11 students seeking a career in mental health services in

12 exchange for service in the Department of Defense.

13 (2) An assessment of current scholarship pro14 grams which may be expanded to include mental

15 health professionals.

16 (3) Recommendations regarding the establish17 ment or expansion of scholarship programs for mental

18 health professionals.

19 (4) A plan to implement, or reasons for not im20 plementing, recommendations that will increase men21 tal health staffing across the Department of Defense.
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1 SEC. 712. REPORT ON MEDICAL PHYSICAL EXAMINATIONS

2 OF MEMBERS OF THE ARMED FORCES BE3 FORE THEIR DEPLOYMENT.

4 Not later than April 1, 2008, the Secretary of Defense

5 shall submit to the Committees on Armed Services of the

6 Senate and the House of Representatives a report setting

7 forth the following:

8 (1) The results of a study of the frequency of

9 medical physical examinations conducted by each

10 component of the Armed Forces (including both the

11 regular components and the reserve components of the

12 Armed Forces) for members of the Armed Forces with13 in such component before their deployment.

14 (2) A comparison of the policies of the military

15 departments concerning medical physical examina16 tions of members of the Armed Forces before their de17 ployment, including an identification of instances in

18 which a member (including a member of a reserve

19 component) may be required to undergo multiple

20 physical examinations, from the time of notification

21 of an upcoming deployment through the period of

22 preparation for deployment.

23 (3) A model of, and a business case analysis for,

24 each of the following:
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1 (A) A single predeployment physical exam2 ination for members of the Armed Forces before

3 their deployment.

4 (B) A single system for tracking electroni5 cally the results of examinations under subpara6 graph (A) that can be shared among the military

7 departments and thereby eliminate redundancy

8 of medical physical examinations for members of

9 the Armed Forces before their deployment.

10 SEC. 713. ONE-YEAR EXTENSION OF PROHIBITION ON IN11 CREASES IN CERTAIN HEALTH CARE COSTS

12 FOR MEMBERS OF THE UNIFORMED SERV13 ICES.

14 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

15 CARE.—Section 1097(e) of title 10, United States Code, is

16 amended by striking ‘‘September 30, 2007’’ and inserting

17 ‘‘September 30, 2008’’.

18 (b) CHARGES FOR INPATIENT CARE.—Section

19 1086(b)(3) of such title is amended by striking ‘‘September

20 30, 2007’’ and inserting ‘‘September 30, 2008’’.

21 (c) PREMIUMS UNDER TRICARE COVERAGE FOR

22 CERTAIN MEMBERS IN THE SELECTED RESERVE.—Section

23 1076d(d)(3) of such title is amended by striking ‘‘September

24 30, 2007’’ and inserting ‘‘September 30, 2008’’.
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1 (d) PREMIUMS UNDER TRICARE COVERAGE FOR

2 MEMBERS OF THE READY RESERVE.—Section 1076b(e)(3)

3 of such title is amended by striking ‘‘September 30, 2007’’

4 and inserting ‘‘September 30, 2008’’.

5 SEC. 714. TEMPORARY PROHIBITION ON INCREASE IN CO6 PAYMENTS UNDER RETAIL PHARMACY SYS7 TEM OF PHARMACY BENEFITS PROGRAM.

8 During the period beginning on October 1, 2007, and

9 ending on September 30, 2008, the cost sharing require10 ments established under paragraph (6) of section 1074g(a)

11 of title 10, United States Code, for pharmaceutical agents

12 available through retail pharmacies covered by paragraph

13 (2)(E)(ii) of such section may not exceed amounts as fol14 lows:

15 (1) In the case of generic agents, $3.

16 (2) In the case of formulary agents, $9.

17 (3) In the case of nonformulary agents, $22.

18 SEC. 715. SENSE OF CONGRESS ON FEES AND ADJUST19 MENTS UNDER THE TRICARE PROGRAM.

20 It is the sense of Congress that—

21 (1) career members of the uniformed services and

22 their families endure unique and extraordinary de23 mands, and make extraordinary sacrifices, over the

24 course of 20-year to 30-year careers in protecting free25 dom for all Americans;
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1 (2) these demands and sacrifices are such that

2 few Americans are willing to accept them for a multi3 decade career;

4 (3) a primary benefit of enduring the extraor5 dinary sacrifices inherent in a military career is a

6 system of exceptional retirement benefits that a grate7 ful Nation provides for those who choose to subordi8 nate much of their personal life to the national inter9 est for so many years;

10 (4) proposals to compare cash fees paid by re11 tired military members and their families to fees paid

12 by civilians fail to recognize adequately that military

13 members prepay the equivalent of very large advance

14 premiums for health care in retirement through their

15 extended service and sacrifice, in addition to cash

16 fees, deductibles, and copayments;

17 (5) the Department of Defense and the Nation

18 have a committed obligation to provide health care

19 benefits to active duty, National Guard, Reserve and

20 retired members of the uniformed services and their

21 families and survivors that considerably exceeds the

22 obligation of corporate employers to provide health

23 care benefits to their employees; and

24 (6) the Department of Defense has options to

25 constrain the growth of health care spending in ways
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1 that do not disadvantage retired members of the uni2 formed services, and should pursue any and all such

3 options as a first priority.

4 SEC. 716. CONTINUATION OF TRANSITIONAL HEALTH BENE5 FITS FOR MEMBERS OF THE ARMED FORCES

6 PENDING RESOLUTION OF SERVICE-RELATED

7 MEDICAL CONDITIONS.

8 Section 1145(a) of title 10, United States Code, is

9 amended—

10 (1) in paragraph (3), by striking ‘‘Transitional

11 health care’’ and inserting ‘‘Except as provided in

12 paragraph (6), transitional health care’’; and

13 (2) by adding at the end the following new para14 graph:

15 ‘‘(6)(A) A member who has a medical condition relat16 ing to service on active duty that warrants further medical

17 care shall be entitled to receive medical and dental care for

18 such medical condition as if the member were a member

19 of the armed forces on active duty until such medical condi20 tion is resolved.

21 ‘‘(B) The Secretary concerned shall ensure that the De22 fense Enrollment and Eligibility Reporting System

23 (DEERS) is continually updated in order to reflect the con24 tinuing entitlement of members covered by subparagraph
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1 (A) to the medical and dental care referred to in that sub2 paragraph.’’.

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS

7 Subtitle A—Provisions Relating to

8 Major Defense Acquisition Pro9 grams

10 SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CON11 TRACTS.

12 (a) DEFINITION IN REGULATIONS OF SUBSTANTIAL

13 SAVINGS UNDER MULTIYEAR CONTRACTS.—

14 (1) IN GENERAL.—Not later than 60 days after

15 the date of the enactment of this Act, the Secretary of

16 Defense shall modify the regulations prescribed pursu17 ant to subsection (b)(2)(A) of section 2306b of title 10,

18 United States Code, to define the term ‘‘substantial

19 savings’’ for purposes of subsection (a)(1) of such sec20 tion. Such regulations shall specify that—

21 (A) savings that exceed 10 percent of the

22 total anticipated costs of carrying out a program

23 through annual contracts shall be considered to

24 be substantial;
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1 (B) savings that exceed 5 percent of the

2 total anticipated costs of carrying out a program

3 through annual contracts, but do not exceed 10

4 percent of such costs, shall not be considered to

5 be substantial unless the Secretary determines in

6 writing that an exceptionally strong case has

7 been made with regard to the findings required

8 by paragraphs (2) through (6) of section

9 2306b(a) of such title; and

10 (C) savings that do not exceed 5 percent of

11 the total anticipated costs of carrying out a pro12 gram through annual contracts shall not be con13 sidered to be substantial.

14 (2) EFFECTIVE DATE.—The modification re15 quired by paragraph (1) shall apply with regard to

16 any multiyear contract that is authorized after the

17 date that is 60 days after the date of the enactment

18 of this Act.

19 (b) REPORT ON BASIS FOR DETERMINATION.—Section

20 2306b(i)(3) of title 10, United States Code, is amended by

21 inserting before the period at the end the following: ‘‘after

22 the head of the agency concerned submits to the congres23 sional defense committees a report on the specific facts sup24 porting the determination of the head of that agency under

25 subsection (a)’’.
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1 (c) REPORTS ON SAVINGS ACHIEVED.—

2 (1) REPORTS REQUIRED.—Not later than Janu3 ary 15 of 2008, 2009, and 2010, the Secretary shall

4 submit to the congressional defense committees a re5 port on the savings achieved through the use of

6 multiyear contracts that were entered under the au7 thority of section 2306b of title 10, United States

8 Code, and the performance of which was completed in

9 the preceding fiscal year.

10 (2) ELEMENTS.—Each report under paragraph

11 (1) shall specify, for each multiyear contract covered

12 by such report—

13 (A) the savings that the Department of De14 fense estimated it would achieve through the use

15 of the multiyear contract at the time such con16 tract was awarded; and

17 (B) the best estimate of the Department on

18 the savings actually achieved under such con19 tract.

20 SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.

21 Section 2366a of title 10, United States Code, is

22 amended—

23 (1) in subsection (a), by inserting ‘‘, after receiv24 ing a business case analysis,’’ after ‘‘the milestone de-
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1 cision authority’’ in the matter preceding paragraph

2 (1);

3 (2) by redesignating subsections (b), (c), (d), and

4 (e) as subsections (c), (d), (e), and (f), respectively;

5 (3) by inserting after subsection (a) the following

6 new subsection (b):

7 ‘‘(b) CHANGES TO CERTIFICATION.—(1) The program

8 manager for a major defense acquisition program that has

9 received certification under subsection (a) shall imme10 diately notify the milestone decision authority of any

11 changes to the program that are—

12 ‘‘(A) inconsistent with such certification; or

13 ‘‘(B) deviate significantly from the material pro14 vided to the milestone decision authority in support

15 of such certification.

16 ‘‘(2) Upon receipt of information under paragraph (1),

17 the milestone decision authority may withdraw the certifi18 cation concerned or rescind Milestone B approval (or Key

19 Decision Point B approval in the case of a space program)

20 if the milestone decision authority determines that such ac21 tion is in the best interest of the national security of the

22 United States.’’;

23 (4) in subsection (c), as redesignated by para24 graph (1)—
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1 (A) by inserting ‘‘(1)’’ before ‘‘The certifi2 cation’’; and

3 (B) by adding at the end the following new

4 paragraph (2):

5 ‘‘(2) Any information provided to the milestone deci6 sion authority pursuant to subsection (b) shall be summa7 rized in the first Selected Acquisition Report submitted

8 under section 2432 of this title after such information is

9 received by the milestone decision authority.’’; and

10 (5) in subsection (e), as so redesignated, by strik11 ing ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’.

12 SEC. 803. COMPTROLLER GENERAL REPORT ON DEPART13 MENT OF DEFENSE ORGANIZATION AND

14 STRUCTURE FOR MAJOR DEFENSE ACQUISI15 TION PROGRAMS.

16 (a) REPORT REQUIRED.—Not later than one year

17 after the date of the enactment of this Act, the Comptroller

18 General of the United States shall submit to the congres19 sional defense committees a report on potential modifica20 tions of the organization and structure of the Department

21 of Defense for major defense acquisition programs.

22 (b) ELEMENTS.—The report required by subsection (a)

23 shall include the results of a review, conducted by the Comp24 troller General for purposes of the report, regarding the fea25 sibility and advisability of, at a minimum, the following:
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1 (1) Establishing system commands within each

2 military department, each of which commands would

3 be headed by a 4-star general or flag officer, to whom

4 the program managers and program executive officers

5 for major defense acquisition programs would report.

6 (2) Revising the acquisition process for major de7 fense acquisition programs by establishing shorter,

8 more frequent acquisition program milestones.

9 (3) Requiring certifications of program status to

10 the defense acquisition executive and Congress prior

11 to milestone approval for major defense acquisition

12 programs.

13 (4) Establishing a new office (to be known as the

14 ‘‘Office of Independent Assessment’’) to provide inde15 pendent cost estimates and performance estimates for

16 major defense acquisition programs.

17 (5) Establishing a milestone system for major de18 fense acquisition programs utilizing the following

19 milestones (or such other milestones as the Comp20 troller General considers appropriate for purposes of

21 the review):

22 (A) MILESTONE 0.—The time for the devel23 opment and approval of a mission need state24 ment for a major defense acquisition program.
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1 (B) MILESTONE 1.—The time for the devel2 opment and approval of a capability need defi3 nition for a major defense acquisition program,

4 including development and approval of a certifi5 cation statement on the characteristics required

6 for the system under the program and a deter7 mination of the priorities among such character8 istics.

9 (C) MILESTONE 2.—The time for technology

10 development and assessment for a major defense

11 acquisition program, including development and

12 approval of a certification statement on tech13 nology maturity of elements under the program.

14 (D) MILESTONE 3.—The time for system de15 velopment and demonstration for a major defense

16 acquisition program, including development and

17 approval of a certification statement on design

18 proof of concept.

19 (E) MILESTONE 4.—The time for final de20 sign, production prototyping, and testing of a

21 major defense acquisition program, including de22 velopment and approval of a certification state23 ment on cost, performance, and schedule in ad24 vance of initiation of low-rate production of the

25 system under the program.
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1 (F) MILESTONE 5.—The time for limited

2 production and field testing of the system under

3 a major defense acquisition program.

4 (G) MILESTONE 6.—The time for initiation

5 of full-rate production of the system under a

6 major defense acquisition program.

7 (6) Requiring the Milestone Decision Authority

8 for a major defense acquisition program to specify, at

9 the time of Milestone B approval, or Key Decision

10 Point B approval, as applicable, the period of time

11 that will be required to deliver an initial operational

12 capability to the relevant combatant commanders.

13 (7) Establishing a materiel solutions process for

14 addressing identified gaps in critical warfighting ca15 pabilities, under which process the Under Secretary of

16 Defense for Acquisition, Technology, and Logistics

17 circulates among the military departments and ap18 propriate Defense Agencies a request for proposals for

19 technologies and systems to address such gaps.

20 (8) Modifying the role played by chiefs of staff

21 of the Armed Forces in the requirements, resource al22 location, and acquisition processes.

23 (c) CONSULTATION.—In conducting the review re24 quired under subsection (b) for the report required by sub-
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1 section (a), the Comptroller General shall obtain the views

2 of the following:

3 (1) Senior acquisition officials currently serving

4 in the Department of Defense.

5 (2) Individuals who formerly served as senior ac6 quisition officials in the Department of Defense.

7 (3) Participants in previous reviews of the orga8 nization and structure of the Department of Defense

9 for the acquisition of major weapon systems, includ10 ing the President’s Blue Ribbon Commission on De11 fense Management in 1986.

12 (4) Other experts on the acquisition of major

13 weapon systems.

14 (5) Appropriate experts in the Government Ac15 countability Office.

16 SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE AC17 QUISITION PROGRAMS.

18 (a) REPORT REQUIRED.—Not later than 180 days

19 after the date of the enactment of this Act, the Secretary

20 of Defense shall submit to the congressional defense commit21 tees a report on the strategies of the Department of Defense

22 for the allocation of funds and other resources under major

23 defense acquisition programs.

24 (b) ELEMENTS.—The report required by subsection (a)

25 shall address, at a minimum, Department of Defense orga-
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1 nizations, procedures, and approaches for the following pur2 poses:

3 (1) To establish priorities among needed capa4 bilities under major defense acquisition programs,

5 and to assess the resources (including funds, tech6 nologies, time, and personnel) needed to achieve such

7 capabilities.

8 (2) To balance cost, schedule, and requirements

9 for major defense acquisition programs to ensure the

10 most efficient use of Department of Defense resources.

11 (3) To ensure that the budget, requirements, and

12 acquisition processes of the Department of Defense

13 work in a complementary manner to achieve desired

14 results.

15 (c) ROLE OF TRI-CHAIR COMMITTEE IN RESOURCE

16 ALLOCATION.—

17 (1) IN GENERAL.—The report required by sub18 section (a) shall also address the role of the committee

19 described in paragraph (2) in the resource allocation

20 process for major defense acquisition programs.

21 (2) COMMITTEE.—The committee described in

22 this paragraph is a committee (to be known as the

23 ‘‘Tri-Chair Committee’’) composed of the following:
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1 (A) The Under Secretary of Defense for Ac2 quisition, Technology, and Logistics, who is one

3 of the chairs of the committee.

4 (B) The Vice Chairman of the Joint Chiefs

5 of Staff, who is one of the chairs of the com6 mittee.

7 (C) The Director of Program Analysis and

8 Evaluation, who is one of the chairs of the com9 mittee.

10 (D) Any other appropriate officials of the

11 Department of Defense, as jointly agreed upon

12 by the Under Secretary and the Vice Chairman.

13 (d) RECOMMENDATIONS.—The report required by sub14 section (a) shall include any recommendations, including

15 recommendations for legislative action, that the Secretary

16 considers appropriate to improve the organizations, proce17 dures, and approaches described in the report.

18 SEC. 805. REPORT ON IMPLEMENTATION OF RECOMMENDA19 TIONS ON TOTAL OWNERSHIP COST FOR

20 MAJOR WEAPON SYSTEMS.

21 (a) REPORT REQUIRED.—Not later than 180 days

22 after the date of the enactment of this Act, the Secretary

23 of Defense shall submit to the congressional defense commit24 tees a report on the extent of the implementation of the rec25 ommendations set forth in the February 2003 report of the
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1 Government Accountability Office entitled ‘‘Setting Re2 quirements Differently Could Reduce Weapon Systems’

3 Total Ownership Costs’’.

4 (b) ELEMENTS.—The report required by subsection (a)

5 shall include the following:

6 (1) For each recommendation described in sub7 section (a) that has been implemented, or that the

8 Secretary plans to implement—

9 (A) a summary of all actions that have been

10 taken to implement such recommendation; and

11 (B) a schedule, with specific milestones, for

12 completing the implementation of such rec13 ommendation.

14 (2) For each recommendation that the Secretary

15 has not implemented and does not plan to

16 implement—

17 (A) the reasons for the decision not to im18 plement such recommendation; and

19 (B) a summary of any alternative actions

20 the Secretary plans to take to address the pur21 poses underlying such recommendation.

22 (3) A summary of any additional actions the

23 Secretary has taken or plans to take to ensure that

24 total ownership cost is appropriately considered in

25 the requirements process for major weapon systems.
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1 Subtitle B—Amendments Relating

2 to General Contracting Authori3 ties, Procedures, and Limita4 tions

5 SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR

6 TASK AND DELIVERY ORDER CONTRACTS.

7 (a) LIMITATION ON SINGLE AWARD CONTRACTS.—Sec8 tion 2304a(d) of title 10, United States Code, is amended—

9 (1) by redesignating paragraph (3) as para10 graph (4); and

11 (2) by inserting after paragraph (2) the fol12 lowing new paragraph (3):

13 ‘‘(3) No task or delivery order contract in an amount

14 estimated to exceed $100,000,000 (including all options)

15 may be awarded to a single contractor unless the head of

16 the agency determines in writing that—

17 ‘‘(A) because of the size, scope, or method of per18 formance of the requirement, it would not be practical

19 to award multiple task or delivery order contracts;

20 ‘‘(B) the task or delivery orders expected under

21 the contract are so integrally related that only a sin22 gle contractor can reasonably perform the work;

23 ‘‘(C) the contract provides only for firm, fixed

24 price task orders or delivery orders for—
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1 ‘‘(i) products for which unit prices are es2 tablished in the contract; or

3 ‘‘(ii) services for which prices are estab4 lished in the contract for the specific tasks to be

5 performed; or

6 ‘‘(D) only one contractor is qualified and capa7 ble of performing the work at a reasonable price to the

8 government.’’.

9 (b) ENHANCED COMPETITION FOR ORDERS IN EXCESS

10 OF $5,000,000.—Section 2304c of such title is amended—

11 (1) by redesignating subsections (d), (e), and (f)

12 as subsections (e), (f), and (g), respectively;

13 (2) by inserting after subsection (c) the following

14 new subsection (d):

15 ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX16 CESS OF $5,000,000.—In the case of a task or delivery order

17 in excess of $5,000,000, the requirement to provide all con18 tractors a fair opportunity to be considered under sub19 section (b) is not met unless all such contractors are pro20 vided, at a minimum—

21 ‘‘(1) a notice of the task or delivery order that

22 includes a clear statement of the agency’s require23 ments;

24 ‘‘(2) a reasonable period of time to provide a

25 proposal in response to the notice;
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1 ‘‘(3) disclosure of the significant factors and sub2 factors, including cost or price, that the agency ex3 pects to consider in evaluating such proposals, and

4 their relative importance;

5 ‘‘(4) in the case of an award that is to be made

6 on a best value basis, a written statement docu7 menting the basis for the award and the relative im8 portance of quality and price or cost factors; and

9 ‘‘(5) an opportunity for a post-award debriefing

10 consistent with the requirements of section 2305(b)(5)

11 of this title.’’; and

12 (3) by striking subsection (e), as redesignated by

13 paragraph (1), and inserting the following new sub14 section (e):

15 ‘‘(e) PROTESTS.—(1) A protest is not authorized in

16 connection with the issuance or proposed issuance of a task

17 or delivery order except for—

18 ‘‘(A) a protest on the ground that the order in19 creases the scope, period, or maximum value of the

20 contract under which the order is issued; or

21 ‘‘(B) a protest of an order valued in excess of

22 $5,000,000.

23 ‘‘(2) Notwithstanding section 3556 of title 31, the

24 Comptroller General of the United States shall have exclu-
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1 sive jurisdiction of a protest authorized under paragraph

2 (1)(B).’’.

3 (c) EFFECTIVE DATES.—

4 (1) SINGLE AWARD CONTRACTS.—The amend5 ments made by subsection (a) shall take effect on the

6 date that is 60 days after the date of the enactment

7 of this Act, and shall apply with respect to any con8 tract awarded on or after such date.

9 (2) ORDERS IN EXCESS OF $5,000,000.—The

10 amendments made by subsection (b) shall take effect

11 on the date that is 60 days after the date of the enact12 ment of this Act, and shall apply with respect to any

13 task or delivery order awarded on or after such date.

14 SEC. 822. CLARIFICATION OF RULES REGARDING THE PRO15 CUREMENT OF COMMERCIAL ITEMS.

16 (a) TREATMENT OF SUBSYSTEMS, COMPONENTS, AND

17 SPARE PARTS AS COMMERCIAL ITEMS.—

18 (1) IN GENERAL.—Section 2379 of title 10,

19 United States Code, is amended—

20 (A) by striking subsection (b) and inserting

21 the following new subsection (b):

22 ‘‘(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL

23 ITEMS.—A subsystem of a major weapon system shall be

24 treated as a commercial item and purchased under proce-
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1 dures established for the procurement of commercial items

2 only if—

3 ‘‘(1) the subsystem is intended for a major weap4 on system that is being purchased, or has been pur5 chased, under procedures established for the procure6 ment of commercial items in accordance with the re7 quirements of subsection (a);

8 ‘‘(2) the Secretary of Defense determines that—

9 ‘‘(A) the subsystem is a commercial item, as

10 defined in section 4(12) of the Office of Federal

11 Procurement Policy Act (41 U.S.C. 403(12));

12 and

13 ‘‘(B) the treatment of the subsystem as a

14 commercial item is necessary to meet national

15 security objectives; or

16 ‘‘(3) the contractor demonstrates that it has sold,

17 leased, or licensed the subsystem or an item that is

18 the same as the subsystem, but for modifications de19 scribed in subparagraphs (B) and (C) of section 4(12)

20 of the Office of Federal Procurement Policy Act, in

21 significant quantities to the general public.’’;

22 (B) by redesignating subsections (c) and (d)

23 as subsections (e) and (f), respectively; and

24 (C) by inserting after subsection (b) the fol25 lowing new subsections (c) and (d):
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1 ‘‘(c) TREATMENT OF COMPONENTS AND SPARE PARTS

2 AS COMMERCIAL ITEMS.—A component or spare part for

3 a major weapon system may be treated as a commercial

4 item, and purchased under procedures established for the

5 procurement of commercial items, only if—

6 ‘‘(1) the component or spare part is intended

7 for—

8 ‘‘(A) a major weapon system that is being

9 purchased, or has been purchased, under proce10 dures established for the procurement of commer11 cial items in accordance with the requirements of

12 subsection (a); or

13 ‘‘(B) a subsystem of a major weapon system

14 that is being purchased, or has been purchased,

15 under procedures established for the procurement

16 of commercial items in accordance with the re17 quirements of subsection (b); or

18 ‘‘(2) the contractor demonstrates that it has sold,

19 leased, or licensed the component or spare part, or an

20 item that is the same as the component or spare part,

21 but for modifications described in subparagraphs (B)

22 and (C) of section 4(12) of the Office of Federal Pro23 curement Policy Act, in significant quantities to the

24 general public.
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1 ‘‘(d) PRICE INFORMATION.—In the case of any major

2 weapon system, subsystem, component, or spare part pur3 chased under procedures established for the procurement of

4 commercial items under the authority of this section, the

5 contractor shall provide data other than certified cost or

6 pricing data, including information on prices at which the

7 same item or similar items have previously been sold to the

8 general public, that is adequate for evaluating, through

9 price analysis, the reasonableness of the price of the con10 tract, subcontract, or modification of the contract or sub11 contract pursuant to which such major weapon system, sub12 system, component or spare part, as the case may be, will

13 be purchased.’’.

14 (2) CONFORMING AMENDMENT TO TECHNICAL

15 DATA PROVISION.—Section 2321(f)(2) of such title is

16 amended by striking ‘‘(whether or not under a con17 tract for commercial items)’’ and inserting ‘‘(other

18 than technical data for a subsystem, component, or

19 spare part that is determined to be a commercial item

20 in accordance with the requirements of section 2379

21 of this title)’’.

22 (b) SALES OF COMMERCIAL ITEMS TO NONGOVERN23 MENTAL ENTITIES.—Not later than 180 days after the date

24 of the enactment of this Act, the Secretary of Defense shall

25 modify the regulations of the Department of Defense on the
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1 procurement of commercial items in order to clarify that

2 the terms ‘‘general public’’ and ‘‘nongovernmental entities’’

3 in such regulations do not include the following:

4 (1) The Federal Government or a State, local, or

5 foreign government.

6 (2) A contractor or subcontractor acting on be7 half of the Federal Government or a State, local, or

8 foreign government.

9 (c) HARMONIZATION OF THRESHOLDS FOR COST OR

10 PRICING DATA.—Section 2306a(b)(3)(A) of title 10, United

11 States Code, is amended by striking ‘‘$500,000’’ and insert12 ing ‘‘the amount specified in subsection (a)(1)(A)(i), as ad13 justed from time to time under subsection (a)(7),’’.

14 SEC. 823. CLARIFICATION OF RULES REGARDING THE PRO15 CUREMENT OF COMMERCIAL SERVICES.

16 Notwithstanding section 8002(d) of the Federal Acqui17 sition Streamlining Act of 1994 (41 U.S.C. 264 note), the

18 Secretary of Defense shall modify the regulations of the De19 partment of Defense on procurements for or on behalf of

20 the Department of Defense in order to prohibit the use of

21 time and materials contracts or labor-hour contracts to pur22 chase as commercial items any category of commercial serv23 ices other than the following:

24 (1) Commercial services procured for support of

25 a commercial item, as described in section 4(12)(E)
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1 of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403(12)(E)).

3 (2) Emergency repair services.

4 SEC. 824. MODIFICATION OF COMPETITION REQUIREMENTS

5 FOR PURCHASES FROM FEDERAL PRISON IN6 DUSTRIES.

7 (a) MODIFICATION OF COMPETITION REQUIRE8 MENTS.—

9 (1) IN GENERAL.—Section 2410n of title 10,

10 United States Code, is amended by striking sub11 sections (a) and (b) and inserting the following new

12 subsections (a) and (b):

13 ‘‘(a) PRODUCTS FOR WHICH FEDERAL PRISON INDUS14 TRIES DOES NOT HAVE SIGNIFICANT MARKET SHARE.—

15 (1) Before purchasing a product listed in the latest edition

16 of the Federal Prison Industries catalog under section

17 4124(d) of title 18 for which Federal Prison Industries does

18 not have a significant market share, the Secretary of De19 fense shall conduct market research to determine whether

20 the product is comparable to products available from the

21 private sector that best meet the needs of the Department

22 in terms of price, quality, and time of delivery.

23 ‘‘(2) If the Secretary determines that a Federal Prison

24 Industries product described in paragraph (1) is not com25 parable in price, quality, or time of delivery to products
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1 of the private sector that best meets the needs of the Depart2 ment in terms of price, quality, and time of delivery, the

3 Secretary shall use competitive procedures for the procure4 ment of the product, or shall make an individual purchase

5 under a multiple award contract in accordance with the

6 competition requirements applicable to such contract. In

7 conducting such a competition, the Secretary shall consider

8 a timely offer from Federal Prison Industries.

9 ‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON INDUS10 TRIES HAS SIGNIFICANT MARKET SHARE.—(1) The Sec11 retary of Defense may purchase a product listed in the lat12 est edition of the Federal Prison Industries catalog for

13 which Federal Prison Industries has a significant market

14 share only if the Secretary uses competitive procedures for

15 the procurement of the product or makes an individual pur16 chase under a multiple award contract in accordance with

17 the competition requirements applicable to such contract.

18 In conducting such a competition, the Secretary shall con19 sider a timely offer from Federal Prison Industries.

20 ‘‘(2) For purposes of this subsection, Federal Prison

21 Industries shall be treated as having a significant share of

22 the market for a product if the Secretary, in consultation

23 with the Administrator of Federal Procurement Policy, de24 termines that the Federal Prison Industries’ share of the
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1 Department of Defense market for the category of products

2 including such product is greater than 5 percent.’’.

3 (2) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect 60 days after the date

5 of the enactment of this Act.

6 (b) LIST OF PRODUCTS FOR WHICH FEDERAL PRISON

7 INDUSTRIES HAS SIGNIFICANT MARKET SHARE.—

8 (1) INITIAL LIST.—Not later than 60 days after

9 the date of the enactment of this Act, the Secretary of

10 Defense shall publish a list of product categories for

11 which Federal Prison Industries’ share of the Depart12 ment of Defense market is greater than 5 percent,

13 based on the most recent fiscal year for which data

14 is available.

15 (2) MODIFICATION.—The Secretary may modify

16 the list published under paragraph (1) at any time

17 if the Secretary determines that new data require

18 adding a product category to the list or omitting a

19 product category from the list.

20 (3) CONSULTATION.—The Secretary shall carry

21 out this subsection in consultation with the Adminis22 trator for Federal Procurement Policy.
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1 SEC. 825. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY

2 OUT CERTAIN PROTOTYPE PROJECTS.

3 Section 845(i) of the National Defense Authorization

4 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended

5 by striking ‘‘September 30, 2008’’ and inserting ‘‘September

6 30, 2013’’.

7 SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR

8 ELECTRICITY FROM RENEWABLE ENERGY

9 SOURCES.

10 (a) MULTIYEAR PROCUREMENT AUTHORIZED.—Chap11 ter 141 of title 10, United States Code, is amended by add12 ing at the end the following new section:

13 ‘‘§ 2410q. Multiyear procurement authority: purchase

14 of electricity from renewable energy

15 sources

16 ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.—Subject

17 to subsection (b), the Secretary of Defense may enter into

18 contracts for a period not to exceed 10 years for the pur19 chase of electricity from sources of renewable energy, as that

20 term is defined in section 203(b)(2) of the Energy Policy

21 Act of 2005 (42 U.S.C. 15852(b)(2)).

22 ‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN

23 EXCESS OF FIVE YEARS.—The Secretary may exercise the

24 authority in subsection (a) to enter a contract for a period

25 in excess of five years only if the Secretary determines, on
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1 the basis of a business case prepared by the Department

2 of Defense that—

3 ‘‘(1) the proposed purchase of electricity under

4 such contract is cost effective for the Department of

5 Defense; and

6 ‘‘(2) it would not be possible to purchase elec7 tricity from the source in an economical manner

8 without the use of a contract for a period in excess

9 of five years.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 141 of such title is amended by

12 adding at the end the following new item:

‘‘2410q. Multiyear procurement authority: purchase of electricity from renewable

energy sources.’’.

13 SEC. 827. PROCUREMENT OF FIRE RESISTANT RAYON FIBER

14 FOR THE PRODUCTION OF UNIFORMS FROM

15 FOREIGN SOURCES.

16 (a) AUTHORITY TO PROCURE.—The Secretary of De17 fense may procure fire resistant rayon fiber for the produc18 tion of uniforms that is manufactured in a foreign country

19 referred to in subsection (d) if the Secretary determines ei20 ther of the following:

21 (1) That fire resistant rayon fiber for the pro22 duction of uniforms is not available from sources

23 within the national technology and industrial base.

24 (2) That—
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1 (A) procuring fire resistant rayon fiber

2 manufactured from suppliers within the national

3 technology and industrial base would result in

4 sole-source contracts or subcontracts for the sup5 ply of fire resistant rayon fiber; and

6 (B) such sole-source contracts or sub7 contracts would not be in the best interests of the

8 Government or consistent with the objectives of

9 section 2304 of title 10, United States Code.

10 (b) SUBMISSION TO CONGRESS.—Not later than 30

11 days after making a determination under subsection (a),

12 the Secretary shall submit to Congress a copy of the deter13 mination.

14 (c) APPLICABILITY TO SUBCONTRACTS.—The authority

15 under subsection (a) applies with respect to subcontracts

16 under Department of Defense contracts as well as to such

17 contracts.

18 (d) FOREIGN COUNTRIES COVERED.—The authority

19 under subsection (a) applies with respect to a foreign coun20 try that—

21 (1) is a party to a defense memorandum of un22 derstanding entered into under section 2531 of this

23 title; and

24 (2) does not discriminate against defense items

25 produced in the United States to a greater degree
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1 than the United States discriminates against defense

2 items produced in that country.

3 (e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE

4 DEFINED.—In this section, the term ‘‘national technology

5 and industrial base’’ has the meaning given that term in

6 section 2500 of title 10, United States Code.

7 (f) SUNSET.—The authority under subsection (a) shall

8 expire on the date that is five years after the date of the

9 enactment of this Act.

10 SEC. 828. PROHIBITION ON USE OF EARMARKS TO AWARD

11 NO BID CONTRACTS AND NONCOMPETITIVE

12 GRANTS.

13 (a) PROHIBITION.—

14 (1) CONTRACTS.—

15 (A) IN GENERAL.—Notwithstanding any

16 other provision of this Act, all contracts awarded

17 by the Department of Defense to implement new

18 programs or projects pursuant to congressional

19 initiatives shall be awarded using competitive

20 procedures in accordance with the requirements

21 of section 2304 of title 10, United States Code,

22 and the Federal Acquisition Regulation.

23 (B) BID REQUIREMENT.—Except as pro24 vided in paragraph (3), no contract may be

25 awarded by the Department of Defense to imple-
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1 ment a new program or project pursuant to a

2 congressional initiative unless more than one bid

3 is received for such contract.

4 (2) GRANTS.—Notwithstanding any other provi5 sion of this Act, no funds may be awarded by the De6 partment of Defense by grant or cooperative agree7 ment to implement a new program or project pursu8 ant to a congressional initiative unless the process

9 used to award such grant or cooperative agreement

10 uses competitive or merit-based procedures to select

11 the grantee or award recipient. Except as provided in

12 paragraph (3), no such grant or cooperative agree13 ment may be awarded unless applications for such

14 grant or cooperative agreement are received from two

15 or more applicants that are not from the same orga16 nization and do not share any financial, fiduciary, or

17 other organizational relationship.

18 (3) WAIVER AUTHORITY.—

19 (A) IN GENERAL.—If the Secretary of De20 fense does not receive more than one bid for a

21 contract under paragraph (1)(B) or does not re22 ceive more than one application from unaffili23 ated applicants for a grant or cooperative agree24 ment under paragraph (2), the Secretary may

25 waive such bid or application requirement if the
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1 Secretary determines that the new program or

2 project—

3 (i) cannot be implemented without a

4 waiver; and

5 (ii) will help meet important national

6 defense needs.

7 (B) CONGRESSIONAL NOTIFICATION.—If the

8 Secretary of Defense waives a bid requirement

9 under subparagraph (A), the Secretary must, not

10 later than 10 days after exercising such waiver,

11 notify Congress and the Committees on Armed

12 Services of the Senate and the House of Rep13 resentatives.

14 (4) CONTRACTING AUTHORITY.—The Secretary of

15 Defense may, as appropriate, utilize existing con16 tracts to carry out congressional initiatives.

17 (b) ANNUAL REPORT.—

18 (1) IN GENERAL.—Not later than December 31,

19 2008, and December 31 of each year thereafter, the

20 Secretary of Defense shall submit to Congress a report

21 on congressional initiatives for which amounts were

22 appropriated or otherwise made available for the fis23 cal year ending during such year.

24 (2) CONTENT.—Each report submitted under

25 paragraph (1) shall include with respect to each con-
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1 tract, grant, or cooperative agreement awarded to im2 plement a new program or project pursuant to a con3 gressional initiative—

4 (A) the name of the recipient of the funds

5 awarded through such contract or grant;

6 (B) the reason or reasons such recipient was

7 selected for such contract or grant; and

8 (C) the number of entities that competed for

9 such contract or grant.

10 (3) PUBLICATION.—Each report submitted under

11 paragraph (1) shall be made publicly available

12 through the Internet website of the Department of De13 fense.

14 (c) CONGRESSIONAL INITIATIVE DEFINED.—In this

15 section, the term ‘‘congressional initiative’’ means a provi16 sion of law or a directive contained within a committee

17 report or joint statement of managers of an appropriations

18 Act that specifies—

19 (1) the identity of a person or entity selected to

20 carry out a project, including a defense system, for

21 which funds are appropriated or otherwise made

22 available by that provision of law or directive and

23 that was not requested by the President in a budget

24 submitted to Congress;
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1 (2) the specific location at which the work for a

2 project is to be done; and

3 (3) the amount of the funds appropriated or oth4 erwise made available for such project.

5 (d) APPLICABILITY.—This section shall apply with re6 spect to funds appropriated or otherwise made available for

7 fiscal years beginning after September 30, 2007, and to con8 gressional initiatives initiated after the date of the enact9 ment of this Act.

10 Subtitle C—Acquisition Policy and

11 Management

12 SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.

13 (a) ADVISORS.—Section 181 of title 10, United States

14 Code, is amended—

15 (1) by redesignating subsection (c) as subsection

16 (d); and

17 (2) by inserting after subsection (b) the following

18 new subsection (c):

19 ‘‘(c) ADVISORS.—The Under Secretary of Defense for

20 Acquisition, Technology, and Logistics and the Under Sec21 retary of Defense (Comptroller) shall serve as advisors to

22 the Council on matters within their authority and exper23 tise.’’.

24 (b) CONSULTATION.—Section 2433(e)(2) of such title

25 is amended by inserting ‘‘, after consultation with the Joint
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1 Requirements Oversight Council regarding program re2 quirements,’’ after ‘‘Secretary of Defense’’ in the matter pre3 ceding subparagraph (A).

4 SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCURE5 MENT OF CONTRACT SERVICES.

6 (a) AUTHORITY TO ESTABLISH CONTRACT SUPPORT

7 ACQUISITION CENTERS.—Subsection (b) of section 2330 of

8 title 10, United States Code, is amended by adding at the

9 end the following new paragraph:

10 ‘‘(4) Each senior official responsible for the manage11 ment of acquisition of contract services is authorized to es12 tablish a center (to be known as a ‘Contract Support Acqui13 sition Center’) to act as executive agent for the acquisition

14 of contract services. Any center so established shall be sub15 ject to the provisions of subsection (c).’’.

16 (b) DIRECTION, STAFF, AND SUPPORT.—Such section

17 is further amended—

18 (1) by redesignating subsection (c) as subsection

19 (d); and

20 (2) by inserting after subsection (b) the following

21 new subsection (c):

22 ‘‘(c) DIRECTION, STAFF, AND SUPPORT OF CONTRACT

23 SUPPORT ACQUISITION CENTERS.—(1) The Contract Sup24 port Acquisition Center established by a senior official re25 sponsible for the management of acquisition of contract
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1 services under subsection (b)(4) shall be subject to the direc2 tion, supervision, and oversight of such senior official.

3 ‘‘(2) The Secretary of Defense or the Secretary of the

4 military department concerned may transfer to a Contract

5 Support Acquisition Center any personnel under the au6 thority of such Secretary whose principal duty is the acqui7 sition of contract services.

8 ‘‘(3)(A) Except as provided in subparagraph (E), the

9 Secretary of Defense may accept from the head of a depart10 ment or agency outside the Department of Defense a trans11 fer to any Contract Support Acquisition Center under sub12 section (b)(4) of all or part of any organizational unit of

13 such other department or agency that is primarily engaged

14 in the acquisition of contract services if, during the most

15 recent year for which data is available before such transfer,

16 more than 50 percent of the contract services acquired by

17 such organizational unit (as determined on the basis of

18 cost) were acquired on behalf of the Department of Defense.

19 ‘‘(B) The head of a department or agency outside the

20 Department of Defense may transfer in accordance with

21 this paragraph an organizational unit that is authorized

22 to be accepted under subparagraph (A).

23 ‘‘(C) A transfer under this paragraph may be made

24 and accepted only pursuant to a memorandum of under-
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1 standing entered into by the head of the department or

2 agency making the transfer and the Secretary of Defense.

3 ‘‘(D) A transfer of an organizational unit under this

4 paragraph shall include the transfer of the personnel of such

5 organizational unit, the assets of such organizational unit,

6 and the contracts of such organizational unit, to the extent

7 provided in the memorandum of understanding governing

8 the transfer of the unit.

9 ‘‘(E) This paragraph does not authorize a transfer of

10 the multiple award schedule program of the General Serv11 ices Administration as described in section 2302(2)(C) of

12 this title.’’.

13 SEC. 843. SPECIFICATION OF AMOUNTS REQUESTED FOR

14 PROCUREMENT OF CONTRACT SERVICES.

15 (a) SPECIFICATION OF AMOUNTS REQUESTED.—The

16 budget justification materials submitted to Congress in sup17 port of the budget of the Department of Defense for any

18 fiscal year after fiscal year 2008 shall identify clearly and

19 separately the amounts requested in each budget account

20 for the procurement of contract services.

21 (b) CONTRACT SERVICES DEFINED.—In this section,

22 the term ‘‘contract services’’—

23 (1) means services from contractors; but
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1 (2) excludes services relating to research and de2 velopment and services relating to military construc3 tion.

4 SEC. 844. DEPARTMENT OF DEFENSE ACQUISITION WORK5 FORCE DEVELOPMENT FUND.

6 (a) PURPOSE.—The purpose of this section is to ensure

7 that the Department of Defense acquisition workforce has

8 the capacity, in both personnel and skills, needed to prop9 erly perform its mission, provide appropriate oversight of

10 contractor performance, and ensure that the Department re11 ceives the best value for the expenditure of public resources.

12 (b) DEPARTMENT OF DEFENSE ACQUISITION WORK13 FORCE DEVELOPMENT FUND.—

14 (1) ESTABLISHMENT.—The Secretary of Defense

15 shall establish a fund to be known as the ‘‘Depart16 ment of Defense Acquisition Workforce Fund’’ (in this

17 section referred to as the ‘‘Fund’’) to provide funds for

18 the recruitment, training, and retention of acquisition

19 personnel of the Department of Defense for the pur20 pose of this section.

21 (2) MANAGEMENT.—The Fund shall be managed

22 by a senior official of the Department of Defense des23 ignated by the Secretary for that purpose.

24 (c) ELEMENTS.—
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1 (1) IN GENERAL.—The Fund shall consist of

2 amounts as follows:

3 (A) Amounts credited to the Fund under

4 paragraph (2).

5 (B) Any other amounts appropriated to,

6 credited to, or deposited into the Fund by law.

7 (2) CREDITS TO THE FUND.—(A) There shall be

8 credited to the Fund an amount equal to the applica9 ble percentage for a fiscal year of all amounts ex10 pended by the Department of Defense in such fiscal

11 year for contract services, other than services relating

12 to research and development and services relating to

13 military construction.

14 (B) Not later than 30 days after the end of the

15 first fiscal year quarter of fiscal year 2008, and 30

16 days after the end of each fiscal year quarter there17 after, the head of each military department and De18 fense Agency shall remit to the Secretary of Defense

19 an amount equal to the applicable percentage for such

20 fiscal year of the amount expended by such military

21 department or Defense Agency, as the case may be,

22 during such fiscal year quarter for services covered by

23 subparagraph (A). Any amount so remitted shall be

24 credited to the Fund under subparagraph (A).
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1 (C) For purposes of this paragraph, the applica2 ble percentage for a fiscal year is a percentage as fol3 lows:

4 (i) For fiscal year 2008, 0.5 percent.

5 (ii) For fiscal year 2009, 1 percent.

6 (iii) For fiscal year 2010, 1.5 percent.

7 (iv) For any fiscal year after fiscal year

8 2010, 2 percent.

9 (d) AVAILABILITY OF FUNDS.—

10 (1) IN GENERAL.—Subject to the provisions of

11 this subsection, amounts in the Fund shall be avail12 able to the Secretary of Defense for expenditure, or for

13 transfer to a military department or Defense Agency,

14 for the recruitment, training, and retention of acqui15 sition personnel of the Department of Defense for the

16 purpose of this section, including for the provision of

17 training and retention incentives to the acquisition

18 workforce of the Department as of the date of the en19 actment of this Act.

20 (2) LIMITATION ON PAYMENTS TO OR FOR CON21 TRACTORS.—Amounts in the Fund shall not be avail22 able for payments to contractors or contractor em23 ployees, other than for the purpose of providing train24 ing to Department of Defense employees.
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1 (3) PROHIBITION ON PAYMENT OF BASE SALARY

2 OF CURRENT EMPLOYEES.—Amounts in the Fund

3 may not be used to pay the base salary of any person

4 who is an employee of the Department as of the date

5 of the enactment of this Act.

6 (4) DURATION OF AVAILABILITY.—Amounts cred7 ited to the Fund under subsection (c)(2) shall remain

8 available for expenditure in the fiscal year for which

9 credited and the two succeeding fiscal years.

10 (e) ANNUAL REPORT.—Not later than 60 days after

11 the end of each fiscal year beginning with fiscal year 2008,

12 the Secretary of Defense shall submit to the congressional

13 defense committees a report on the operation of the Fund

14 during such fiscal year. Each report shall include, for the

15 fiscal year covered by such report, the following:

16 (1) A statement of the amounts remitted to the

17 Secretary for crediting to the Fund for such fiscal

18 year by each military department and Defense Agen19 cy, and a statement of the amounts credited to the

20 Fund for such fiscal year.

21 (2) A description of the expenditures made from

22 the Fund (including expenditures following a transfer

23 of amounts in the Fund to a military department or

24 Defense Agency) in such fiscal year, including the

25 purpose of such expenditures.
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1 (3) A description and assessment of improve2 ments in the Department of Defense acquisition work3 force resulting from such expenditures.

4 (4) A statement of the balance remaining in the

5 Fund at the end of such fiscal year.

6 (f) DEFENSE AGENCY DEFINED.—In this section, the

7 term ‘‘Defense Agency’’ has the meaning given that term

8 in section 101(a) of title 10, United States Code.

9 (g) EXPEDITED HIRING AUTHORITY.—

10 (1) IN GENERAL.—For purposes of sections 3304,

11 5333, and 5753 of title 5, United States Code, the

12 Secretary of Defense may—

13 (A) designate any category of acquisition

14 positions within the Department of Defense as

15 shortage category positions; and

16 (B) utilize the authorities in such sections

17 to recruit and appoint highly qualified persons

18 directly to positions so designated.

19 (2) SUNSET.—The Secretary may not appoint a

20 person to a position of employment under this sub21 section after September 30, 2012.

22 (h) ACQUISITION WORKFORCE ASSESSMENT AND

23 PLAN.—

24 (1) IN GENERAL.—Not later than 180 days after

25 the date of the enactment of this Act, the Secretary of
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1 Defense shall develop an assessment and plan for ad2 dressing gaps in the acquisition workforce of the De3 partment of Defense.

4 (2) CONTENT OF ASSESSMENT.—The assessment

5 developed under paragraph (1) shall identify—

6 (A) the skills and competencies needed in

7 the military and civilian workforce of the De8 partment of Defense to effectively manage the ac9 quisition programs and activities of the Depart10 ment over the next decade;

11 (B) the skills and competencies of the exist12 ing military and civilian acquisition workforce

13 of the Department and projected trends in that

14 workforce based on expected losses due to retire15 ment and other attrition; and

16 (C) gaps in the existing or projected mili17 tary and civilian acquisition workforce that

18 should be addressed to ensure that the Depart19 ment has access to the skills and competencies

20 identified pursuant to subparagraph (A).

21 (3) CONTENT OF PLAN.—The plan developed

22 under paragraph (1) shall establish specific objectives

23 for developing and reshaping the military and civil24 ian acquisition workforce of the Department of De25 fense to address the gaps in skills and competencies
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1 identified under paragraph (2). The plan shall

2 include—

3 (A) specific recruiting and retention goals;

4 and

5 (B) specific strategies for developing, train6 ing, deploying, compensating, and motivating

7 the military and civilian acquisition workforce

8 of the Department to achieve such goals.

9 (4) ANNUAL UPDATES.—Not later than March 1

10 of each year from 2009 through 2012, the Secretary

11 of Defense shall update the assessment and plan re12 quired by paragraph (1). Each update shall include

13 the assessment of the Secretary of the progress the De14 partment has made to date in implementing the plan.

15 (5) SPENDING OF AMOUNTS IN FUND IN ACCORD16 ANCE WITH PLAN.—Beginning on October 1, 2008,

17 amounts in the Fund shall be expended in accordance

18 with the plan required under paragraph (1) and the

19 annual updates required under paragraph (4).

20 (6) REPORTS.—Not later than 30 days after de21 veloping the assessment and plan required under

22 paragraph (1) or preparing an annual update re23 quired under paragraph (4), the Secretary of Defense

24 shall submit to the congressional defense committees a
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1 report on the assessment and plan or annual update,

2 as the case may be.

3 SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR

4 SERVICES BASED ON COST OR TIME OF PER5 FORMANCE.

6 (a) PREPARATION OF LISTS OF ACTIVITIES UNDER

7 CONTRACTS FOR SERVICES.—

8 (1) PREPARATION OF LISTS.—Not later than the

9 end of the third quarter of each fiscal year beginning

10 with fiscal year 2008, the Secretary of each military

11 department and the head of each Defense Agency shall

12 submit to the Secretary of Defense a list of the activi13 ties performed during the preceding fiscal year pursu14 ant to contracts for services for or on behalf of such

15 military department or Defense Agency, as the case

16 may be, under which the contractor is paid on the

17 basis of the cost or time of performance, rather than

18 specific tasks performed or results achieved.

19 (2) LIST ELEMENTS.—The entry for an activity

20 on a list under paragraph (1) shall include, for the

21 fiscal year covered by such entry, the following:

22 (A) The fiscal year for which the activity

23 first appeared on a list under this section.
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1 (B) The number of full-time contractor em2 ployees (or its equivalent) paid for the perform3 ance of the activity.

4 (C) A determination whether the contract

5 pursuant to which the activity is performed is a

6 personal services contract.

7 (D) The name of the Federal official respon8 sible for the management of the contract pursu9 ant to which the activity is performed.

10 (E) With respect to a list for a fiscal year

11 after fiscal year 2008, information on plans and

12 written determinations made pursuant to sub13 section (c)(2).

14 (b) PUBLIC AVAILABILITY OF LISTS.—Not later than

15 30 days after the date on which lists are required to be sub16 mitted to the Secretary of Defense under subsection (a), the

17 Secretary shall—

18 (1) transmit to the congressional defense commit19 tees a copy of the lists so submitted to the Secretary;

20 (2) make such lists available to the public; and

21 (3) publish in the Federal Register a notice that

22 such lists are available to the public.

23 (c) REVIEW AND PLANNING REQUIREMENTS.—

24 (1) REVIEW OF LISTS.—Within a reasonable

25 time after the date on which a notice of the public
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1 availability of a list is published under subsection

2 (b)(3), the Secretary of the military department or

3 head of the Defense Agency concerned shall—

4 (A) review the contracts and activities in5 cluded on the list;

6 (B) ensure that—

7 (i) each contract on the list that is a

8 personal services contract has been entered

9 into, and is being performed, in accordance

10 with applicable statutory and regulatory re11 quirements;

12 (ii) the activities on the list do not in13 clude any inherently governmental func14 tions; and

15 (iii) to the maximum extent prac16 ticable, the activities on the list do not in17 clude any functions closely associated with

18 inherently governmental functions; and

19 (C) for each activity on the list, either—

20 (i) develop a plan to convert the activ21 ity to performance by Federal employees,

22 convert the contract to a performance-based

23 contract, or terminate the activity; or

24 (ii) make a written determination that

25 it is not practicable for the military depart-
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1 ment or Defense Agency, as the case may be,

2 to take any of the actions otherwise required

3 under clause (i).

4 (2) ELEMENTS OF DETERMINATION.—A written

5 determination pursuant to subparagraph (B)(ii) shall

6 be accompanied by—

7 (A) a statement of the basis for the deter8 mination; and

9 (B) a description of the resources that will

10 be made available to ensure adequate planning,

11 management, and oversight for each contract

12 covered by the determination.

13 (d) CHALLENGES TO LISTS.—

14 (1) IN GENERAL.—An interested party may sub15 mit to the Secretary of the military department or

16 head of the Defense Agency concerned a challenge to

17 the omission of a particular activity from, or the in18 clusion of a particular activity on, a list made avail19 able to the public under subsection (b).

20 (2) INTERESTED PARTY DEFINED.—In this sub21 section, the term ‘‘interested party’’, with respect to

22 an activity referred to in subsection (a), means—

23 (A) the contractor performing the activity;

24 (B) an officer or employee of an organiza25 tion within the military department or Defense
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1 Agency concerned that is responsible for the per2 formance of the activity; or

3 (C) the head of any labor organization re4 ferred to in section 7103(a)(4) of title 5, United

5 States Code, that includes within its membership

6 officers or employees or an organization de7 scribed in subparagraph (B).

8 (3) DEADLINE FOR CHALLENGE.—A challenge to

9 a list shall be submitted under paragraph (1) not

10 later than 30 days after the date of the publication

11 of the notice of public availability of the list under

12 subsection (b)(3).

13 (4) RESOLUTION OF CHALLENGE.—Not later

14 than 30 days of the receipt by the Secretary of a mili15 tary department or head of a Defense Agency of a

16 challenge to a list under this subsection, an official

17 designated by the Secretary of the military depart18 ment or the head of the Defense Agency, as the case

19 may be, shall—

20 (A) determine whether or not the challenge

21 is valid; and

22 (B) submit to the interested party concerned

23 a written notification of the determination, to24 gether with a discussion of the rationale for the

25 determination.
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1 (5) ACTION FOLLOWING DETERMINATION OF

2 VALID CHALLENGE.—If the Secretary of a military

3 department or head of a Defense Agency determines

4 under paragraph (4)(A) that a challenge under this

5 subsection to a list under this section is valid, such

6 official shall—

7 (A) notify the Secretary of Defense of the

8 determination; and

9 (B) adjust the next list submitted by such

10 official under subsection (a) after the date of the

11 determination to reflect the resolution of the

12 challenge.

13 (e) RULES OF CONSTRUCTION.—

14 (1) NO AUTHORIZATION OF PERFORMANCE OF

15 PERSONAL SERVICES.—Nothing in this section shall

16 be construed to authorize the performance of personal

17 services by a contractor except where expressly au18 thorized by a provision of statute other than this sec19 tion.

20 (2) NO PUBLIC-PRIVATE COMPETITION FOR CON21 VERSION OF PERFORMANCE OF CERTAIN FUNC22 TIONS.—No public-private competition may be re23 quired under this section, Office of Management and

24 Budget Circular A–76, or any other provision of law

25 or regulation before a function closely associated with
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1 inherently governmental functions is converted to per2 formance by Federal employees.

3 (f) DEFINITIONS.—In this section:

4 (1) The term ‘‘Defense Agency’’ has the meaning

5 given that term in section 101(a) of title 10, United

6 States Code.

7 (2) The term ‘‘function closely associated with

8 inherently governmental functions’’ has the meaning

9 given that term in section 2383(b)(3) of title 10,

10 United States Code.

11 (3) The term ‘‘inherently governmental func12 tions’’ has the meaning given that term in section

13 2383(b)(2) of title 10, United States Code.

14 (4) The term ‘‘personal services contract’’ means

15 a contract under which, as a result of its terms or

16 conditions or the manner of its administration dur17 ing performance, contractor personnel are subject to

18 the relatively continuous supervision and control of

19 one or more Government officers or employees, except

20 that the giving of an order for a specific article or

21 service, with the right to reject the finished product or

22 result, is not the type of supervision or control that

23 makes a contract a personal services contract.
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1 SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON

2 BEHALF OF THE DEPARTMENT OF DEFENSE

3 BY CERTAIN NON-DEFENSE AGENCIES.

4 (a) LIMITATION ON PROCUREMENTS ON BEHALF OF

5 DEPARTMENT OF DEFENSE.—Except as provided in sub6 section (b), no official of the Department of Defense may

7 place an order, make a purchase, or otherwise procure prop8 erty or services for the Department of Defense in an amount

9 in excess of $100,000 through a non-defense agency in any

10 fiscal year if—

11 (1) the head of the non-defense agency has not

12 certified that the non-defense agency will comply with

13 defense procurement requirements during that fiscal

14 year;

15 (2) in the case of a covered non-defense agency

16 that has been determined under this section to be not

17 compliant with defense procurement requirements,

18 such determination has not been terminated in ac19 cordance with subsection (c); or

20 (3) in the case of a covered non-defense agency

21 for which a memorandum of understanding is re22 quired by subsection (e)(4), the Inspector General of

23 the Department of Defense and the Inspector General

24 of the non-defense agency have not yet entered into

25 such a memorandum of understanding.
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1 (b) EXCEPTION FOR PROCUREMENTS OF NECESSARY

2 PROPERTY AND SERVICES.—

3 (1) IN GENERAL.—The limitation in subsection

4 (a) shall not apply to the procurement of property

5 and services on behalf of the Department of Defense

6 by a non-defense agency during any fiscal year for

7 which there is in effect a written determination of the

8 Under Secretary of Defense for Acquisition, Tech9 nology, and Logistics that it is necessary in the inter10 est of the Department of Defense to procure property

11 and services through the non-defense agency during

12 such fiscal year.

13 (2) SCOPE OF PARTICULAR EXCEPTION.—A writ14 ten determination with respect to a non-defense agen15 cy under paragraph (1) shall apply to any category

16 of procurements through the non-defense agency that

17 is specified in the determination.

18 (c) TERMINATION OF APPLICABILITY OF CERTAIN LIM19 ITATION.—In the event the limitation under subsection

20 (a)(2) applies to a covered non-defense agency, the limita21 tion shall cease to apply to the non-defense agency on the

22 date on which the Inspector General of the Department of

23 Defense and the Inspector General of the non-defense agency

24 jointly—
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1 (1) determine that the non-defense agency is

2 compliant with defense procurement requirements;

3 and

4 (2) notify the Secretary of Defense of that deter5 mination.

6 (d) COMPLIANCE WITH DEFENSE PROCUREMENT RE7 QUIREMENTS.—For the purposes of this section, a non-de8 fense agency is compliant with defense procurement require9 ments if the procurement policies, procedures, and internal

10 controls of the non-defense agency applicable to the procure11 ment of products and services on behalf of the Department

12 of Defense, and the manner in which they are administered,

13 are adequate to ensure the compliance of the non-defense

14 agency with the requirements of laws and regulations (in15 cluding applicable Department of Defense financial man16 agement regulations) that apply to procurements of prop17 erty and services made directly by the Department of De18 fense.

19 (e) INSPECTORS GENERAL REVIEWS AND DETERMINA20 TIONS.—

21 (1) IN GENERAL.—For each covered non-defense

22 agency, the Inspector General of the Department of

23 Defense and the Inspector General of such non-defense

24 agency shall, not later than the date specified in

25 paragraph (2), jointly—
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1 (A) review—

2 (i) the procurement policies, proce3 dures, and internal controls of such non-de4 fense agency that are applicable to the pro5 curement of property and services on behalf

6 of the Department by such non-defense

7 agency; and

8 (ii) the administration of such policies,

9 procedures, and internal controls; and

10 (B) determine in writing whether such non11 defense agency is or is not compliant with de12 fense procurement requirements.

13 (2) DEADLINE FOR REVIEWS AND DETERMINA14 TIONS.—The reviews and determinations required by

15 paragraph (1) shall take place as follows:

16 (A) In the case of the General Services Ad17 ministration, by not later than March 15, 2010.

18 (B) In the case of each of the Department

19 of the Treasury, the Department of the Interior,

20 and the National Aeronautics and Space Admin21 istration, by not later than March 15, 2011.

22 (C) In the case of each of the Department

23 of Veterans Affairs and the National Institutes of

24 Health, by not later than March 15, 2012.
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1 (3) SEPARATE REVIEWS AND DETERMINA2 TIONS.—The Inspector General of the Department of

3 Defense and the Inspector General of a covered non4 defense agency may by joint agreement conduct sepa5 rate reviews of the procurement of property and serv6 ices on behalf of the Department of Defense that are

7 conducted by separate business units, or under sepa8 rate governmentwide acquisition contracts, of the non9 defense agency. If such separate reviews are con10 ducted, the Inspectors General shall make a separate

11 determination under paragraph (1)(B) with respect

12 to each such separate review.

13 (4) MEMORANDA OF UNDERSTANDING FOR RE14 VIEWS AND DETERMINATIONS.—Not later than one

15 year before a review and determination is required

16 under this subsection with respect to a covered non17 defense agency, the Inspector General of the Depart18 ment of Defense and the Inspector General of the cov19 ered non-defense agency shall enter into a memo20 randum of understanding with each other to carry

21 out such review and determination.

22 (f) TREATMENT OF PROCUREMENTS FOR FISCAL YEAR

23 PURPOSES.—For the purposes of this section, a procure24 ment shall be treated as being made during a particular
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1 fiscal year to the extent that funds are obligated by the De2 partment of Defense for the procurement in that fiscal year.

3 (g) RESOLUTION OF DISAGREEMENTS.—If the Inspec4 tor General of the Department of Defense and the Inspector

5 General of a covered non-defense agency are unable to agree

6 on a joint determination under subsection (c) or (e), a de7 termination by the Inspector General of the Department of

8 Defense under such subsection shall be conclusive for the

9 purposes of this section.

10 (h) DEFINITIONS.—In this section:

11 (1) The term ‘‘covered non-defense agency’’

12 means each of the following:

13 (A) The General Services Administration.

14 (B) The Department of the Treasury.

15 (C) The Department of the Interior.

16 (D) The National Aeronautics and Space

17 Administration.

18 (E) The Department of Veterans Affairs.

19 (F) The National Institutes of Health.

20 (2) The term ‘‘governmentwide acquisition con21 tract’’, with respect to a covered non-defense agency,

22 means a task or delivery order contract that—

23 (A) is entered into by the non-defense agen24 cy; and
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1 (B) may be used as the contract under

2 which property or services are procured for one

3 or more other departments or agencies of the

4 Federal Government.

5 SEC. 847. INDEPENDENT MANAGEMENT REVIEWS OF CON6 TRACTS FOR SERVICES.

7 (a) GUIDANCE AND INSTRUCTIONS.—Not later than

8 120 days after the date of the enactment of this Act, the

9 Secretary of Defense shall issue guidance, with detailed im10 plementation instructions, for the Department of Defense to

11 provide for periodic independent management reviews of

12 contracts for services. The independent management review

13 procedures issued pursuant to this section shall be designed

14 to evaluate, at a minimum—

15 (1) contract performance in terms of cost, sched16 ule, and requirements;

17 (2) the use of contracting mechanisms, including

18 the use of competition, the contract structure and

19 type, the definition of contract requirements, cost or

20 pricing methods, the award and negotiation of task

21 orders, and management and oversight mechanisms;

22 (3) the contractor’s use, management, and over23 sight of subcontractors; and

24 (4) the staffing of contract management and

25 oversight functions.
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1 (b) ELEMENTS.—The guidance and instructions issued

2 pursuant to subsection (a) shall address, at a minimum—

3 (1) the contracts subject to independent manage4 ment reviews, including any applicable thresholds

5 and exceptions;

6 (2) the frequency with which independent man7 agement reviews shall be conducted;

8 (3) the composition of teams designated to per9 form independent management reviews;

10 (4) any phase-in requirements needed to ensure

11 that qualified staff are available to perform inde12 pendent management reviews;

13 (5) procedures for tracking the implementation

14 of recommendations made by independent manage15 ment review teams; and

16 (6) procedures for developing and disseminating

17 lessons learned from independent management re18 views.

19 (c) REPORTS.—

20 (1) REPORT ON GUIDANCE AND INSTRUCTION.—

21 Not later than 150 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit

23 to the congressional defense committees a report set24 ting forth the guidance and instructions issued pursu25 ant to subsection (a).
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1 (2) GAO REPORT ON IMPLEMENTATION.—Not

2 later than two years after the date of the enactment

3 of this Act, the Comptroller General of the United

4 States shall submit to the congressional defense com5 mittees a report on the implementation of the guid6 ance and instructions issued pursuant to subsection

7 (a).

8 SEC. 848. IMPLEMENTATION AND ENFORCEMENT OF RE9 QUIREMENTS APPLICABLE TO

10 UNDEFINITIZED CONTRACTUAL ACTIONS.

11 (a) GUIDANCE AND INSTRUCTIONS.—Not later than

12 120 days after the date of the enactment of this Act, the

13 Secretary of Defense shall issue guidance, with detailed im14 plementation instructions, for the Department of Defense to

15 ensure the implementation and enforcement of requirements

16 applicable to undefinitized contractual actions.

17 (b) ELEMENTS.—The guidance and instructions issued

18 pursuant to subsection (a) shall address, at a minimum—

19 (1) the circumstances in which it is, and is not,

20 appropriate for Department of Defense officials to use

21 undefinitized contractual actions;

22 (2) approval requirements (including thresholds)

23 for the use of undefinitized contractual actions;
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1 (3) procedures for ensuring that schedules for the

2 definitization of undefinitized contractual actions are

3 not exceeded;

4 (4) procedures for ensuring compliance with lim5 itations on the obligation of funds pursuant to

6 undefinitized contractual actions (including, where

7 feasible, the obligation of less than the maximum al8 lowed at time of award);

9 (5) procedures (including appropriate docu10 mentation requirements) for ensuring that reduced

11 risk is taken into account in negotiating profit or fee

12 with respect to costs incurred before the definitization

13 of an undefinitized contractual action; and

14 (6) reporting requirements for undefinitized con15 tractual actions that fail to meet required schedules or

16 limitations on the obligation of funds.

17 (c) REPORTS.—

18 (1) REPORT ON GUIDANCE AND INSTRUCTIONS.—

19 Not later than 150 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit

21 to the congressional defense committees a report set22 ting forth the guidance and instructions issued pursu23 ant to subsection (a).

24 (2) GAO REPORT.—Not later than two years

25 after the date of the enactment of this Act, the Comp-
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1 troller General of the United States shall submit to

2 the congressional defense committees a report on the

3 extent to which the guidance and instructions issued

4 pursuant to subsection (a) have resulted in improve5 ments to—

6 (A) the level of insight that senior Depart7 ment of Defense officials have into the use of

8 undefinitized contractual actions;

9 (B) the appropriate use of undefinitized

10 contractual actions;

11 (C) the timely definitization of

12 undefinitized contractual actions; and

13 (D) the negotiation of appropriate profits

14 and fees for undefinitized contractual actions.

15 Subtitle D—Department of Defense

16 Contractor Matters

17 SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES

18 FROM REPRISAL FOR DISCLOSURE OF CER19 TAIN INFORMATION.

20 (a) INCREASED PROTECTION FROM REPRISAL.—Sub21 section (a) of section 2409 of title 10, United States Code,

22 is amended—

23 (1) by striking ‘‘disclosing to a Member of Con24 gress or an authorized official of an agency or the De25 partment of Justice’’ and inserting ‘‘disclosing to a
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1 Member of Congress, a representative of a committee

2 of Congress, an Inspector General, the Government

3 Accountability Office, a Department of Defense em4 ployee responsible for contract oversight or manage5 ment, or an authorized official of an agency or the

6 Department of Justice, including in the case of a dis7 closure made in the ordinary course of an employee’s

8 duties,’’; and

9 (2) by striking ‘‘information relating to a sub10 stantial violation of law related to a contract (includ11 ing the competition for or negotiation of a contract)’’

12 and inserting ‘‘information that the employee reason13 ably believes is evidence of gross mismanagement of a

14 Department of Defense contract, grant, or direct pay15 ment if the United States Government provides any

16 portion of the money or property which is requested

17 or demanded, a gross waste of Department of Defense

18 funds, a substantial and specific danger to public

19 health or safety, or a violation of law related to a De20 partment of Defense contract (including the competi21 tion for or negotiation of a contract), grant, or direct

22 payment if the United States Government provides

23 any portion of the money or property which is re24 quested or demanded’’.
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1 (b) ACCELERATION OF SCHEDULE FOR DENYING RE2 LIEF OR PROVIDING REMEDY.—Subsection (c) of such sec3 tion is amended—

4 (1) in paragraph (1)—

5 (A) by inserting after ‘‘(1)’’ the following:

6 ‘‘Not later than 90 days after receiving an In7 spector General report pursuant to subsection

8 (b), the head of the agency concerned shall deter9 mine whether the contractor concerned has sub10 jected the complainant to a reprisal prohibited

11 under subsection (a).’’; and

12 (B) by adding at the end the following new

13 subparagraphs:

14 ‘‘(D) In the event the disclosure relates to a cost15 plus contract, prohibit the contractor from receiving

16 one or more award fee payments to which the con17 tractor would otherwise be eligible until such time as

18 the contractor takes the actions ordered by the head

19 of the agency pursuant to subparagraphs (A) through

20 (C).

21 ‘‘(E) Take the reprisal into consideration in any

22 past performance evaluation of the contractor for the

23 purpose of a contract award.’’;

24 (2) by redesignating paragraph (3) as para25 graph (4); and
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1 (3) by inserting after paragraph (2) the fol2 lowing new paragraph:

3 ‘‘(3)(A) In the case of a contract covered by subsection

4 (f), an employee of a contractor who has been discharged,

5 demoted, or otherwise discriminated against as a reprisal

6 for a disclosure covered by subsection (a) or who is ag7 grieved by the determination made pursuant to paragraph

8 (1) or by an action that the agency head has taken or failed

9 to take pursuant to such determination may, after exhaust10 ing his or her administrative remedies, bring a de novo ac11 tion at law or equity against the contractor to seek compen12 satory damages and other relief available under this section

13 in the appropriate district court of the United States, which

14 shall have jurisdiction over such an action without regard

15 to the amount in controversy. Such an action shall, at the

16 request of either party to the action, be tried by the court

17 with a jury.

18 ‘‘(B) An employee shall be deemed to have exhausted

19 his or her administrative remedies for the purpose of this

20 paragraph—

21 ‘‘(i) 90 days after the receipt of a written deter22 mination under paragraph (1); or

23 ‘‘(ii) 15 months after a complaint is submitted

24 under subsection (b), if a determination by an agency

25 head has not been made by that time and such delay
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1 is not shown to be due to the bad faith of the com2 plainant.’’.

3 (c) LEGAL BURDEN OF PROOF.—Such section is fur4 ther amended—

5 (1) by redesignating subsection (e) as subsection

6 (g); and

7 (2) by inserting after subsection (d) the following

8 new subsection:

9 ‘‘(e) LEGAL BURDEN OF PROOF.—The legal burdens

10 of proof specified in section 1221(e) of title 5 shall be con11 trolling for the purposes of any investigation conducted by

12 an inspector general, decision by the head of an agency,

13 or hearing to determine whether discrimination prohibited

14 under this section has occurred.’’.

15 (d) REQUIREMENT TO NOTIFY EMPLOYEES OF RIGHTS

16 RELATED TO PROTECTION FROM REPRISAL.—Such section,

17 as amended by subsection (c), is further amended by insert18 ing after subsection (e) the following new subsection:

19 ‘‘(f) NOTICE OF RIGHTS RELATED TO PROTECTION

20 FROM REPRISAL.—

21 ‘‘(1) IN GENERAL.—Each Department of Defense

22 contract in excess of $5,000,000, other than a contract

23 for the purchase of commercial items, shall include a

24 clause requiring the contractor to ensure that all em-
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1 ployees of the contractor who are working on Depart2 ment of Defense contracts are notified of—

3 ‘‘(A) their rights under this section;

4 ‘‘(B) the fact that the restrictions imposed

5 by any employee contract, employee agreement,

6 or non-disclosure agreement may not supersede,

7 conflict with, or otherwise alter the employee

8 rights provided for under this section; and

9 ‘‘(C) the telephone number for the whistle10 blower hotline of the Inspector General of the De11 partment of Defense.

12 ‘‘(2) FORM OF NOTICE.—The notice required by

13 paragraph (1) shall be made by posting the required

14 information at a prominent place in each workplace

15 where employees working on the contract regularly

16 work.’’.

17 (e) DEFINITIONS.—Subsection (g) of such section, as

18 redesignated by subsection (c)(1), is amended—

19 (1) in paragraph (4), by inserting after ‘‘an

20 agency’’ the following: ‘‘and includes any person re21 ceiving funds covered by the prohibition against re22 prisals in subsection (a)’’;

23 (2) in paragraph (5), by inserting after ‘‘1978’’

24 the following: ‘‘and any Inspector General that re-
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1 ceives funding from or is under the jurisdiction of the

2 Secretary of Defense’’; and

3 (3) by adding at the end the following new para4 graphs:

5 ‘‘(6) The term ‘employee’ means an individual

6 (as defined by section 2105 of title 5) or any indi7 vidual or organization performing services for a con8 tractor, grantee, or other recipient if the United

9 States Government provides any portion of the money

10 or property which is requested or demanded (includ11 ing as an employee of an organization).

12 ‘‘(7) The term ‘Department of Defense funds’ in13 cludes funds controlled by the Department of Defense

14 and funds for which the Department of Defense may

15 be reasonably regarded as responsible to a third

16 party.’’.

17 SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RE18 LATING TO CERTAIN FORMER DEPARTMENT

19 OF DEFENSE OFFICIALS.

20 (a) REQUIREMENTS.—

21 (1) IN GENERAL.—Chapter 141 of title 10,

22 United States Code, as amended by section 826 of this

23 Act, is further amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 2410r. Defense contractors: requirements con2 cerning former Department of Defense of3 ficials

4 ‘‘(a) IN GENERAL.—Each contract for the procurement

5 of goods or services in excess of $10,000,000, other than a

6 contract for the procurement of commercial items, that is

7 entered into by the Department of Defense shall include a

8 provision under which the contractor agrees to submit to

9 the Secretary of Defense, not later than April 1 of each year

10 such contract is in effect, a written report setting forth the

11 information required by subsection (b).

12 ‘‘(b) REPORT INFORMATION.—Except as provided in

13 subsection (c), a report by a contractor under subsection

14 (a) shall—

15 ‘‘(1) list the name of each person who—

16 ‘‘(A) is a former officer or employee of the

17 Department of Defense or a former or retired

18 member of the armed forces who served—

19 ‘‘(i) in an Executive Schedule position

20 under subchapter II of chapter 53 of title 5;

21 ‘‘(ii) in a position in the Senior Exec22 utive Service under subchapter VIII of

23 chapter 53 of title 5;

24 ‘‘(iii) in a general or flag officer posi25 tion compensated at a rate of pay for grade
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1 0–7 or above under section 201 of title 37;

2 or

3 ‘‘(iv) as a program manager, deputy

4 program manager, procuring contracting

5 officer, administrative contracting officer,

6 source selection authority, member of the

7 source selection evaluation board, or chief of

8 a financial or technical evaluation team for

9 a contract with a value in excess of

10 $10,000,000; and

11 ‘‘(B) during the preceding calendar year

12 was provided compensation by the contractor, if

13 such compensation was first provided by the con14 tractor not more than two years after such offi15 cer, employee, or member left service in the De16 partment of Defense; and

17 ‘‘(2) in the case of each person listed under para18 graph (1)—

19 ‘‘(A) identify the agency in which such per20 son was employed or served on active duty dur21 ing the last two years of such person’s service

22 with the Department of Defense;

23 ‘‘(B) state such person’s job title and iden24 tify each major defense system, if any, on which

25 such person performed any work with the De-
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1 partment of Defense during the last two years of

2 such person’s service with the Department; and

3 ‘‘(C) state such person’s current job title

4 with the contractor and identify each major de5 fense system on which such person has performed

6 any work on behalf of the contractor.

7 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.—An

8 annual report submitted by a contractor pursuant to sub9 section (b) need not provide information with respect to any

10 former officer or employee of the Department of Defense or

11 former or retired member of the armed forces if such infor12 mation has already been provided in a previous annual re13 port filed by such contractor under this section.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 141 of such title, as

16 so amended, is further amended by adding at the end

17 the following new item:

‘‘2410r. Defense contractors: requirements concerning former Department of Defense officials.’’.

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect on the date of the enactment

20 of this Act, and shall apply with respect to contracts entered

21 into on or after that date.
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1 SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF

2 MAJOR DEFENSE CONTRACTORS.

3 (a) REPORT REQUIRED.—Not later than one year

4 after the date of the enactment of this Act, the Comptroller

5 General of the United States shall submit to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives a report on the internal ethics programs of

8 major defense contractors.

9 (b) ELEMENTS.—The report required by subsection (a)

10 shall address, at a minimum—

11 (1) the extent to which major defense contractors

12 have internal ethics programs in place;

13 (2) the extent to which the ethics programs de14 scribed in paragraph (1) include—

15 (A) the availability of internal mechanisms,

16 such as hotlines, for contractor employees to re17 port conduct that may violate applicable require18 ments of law or regulation;

19 (B) notification to contractor employees of

20 the availability of external mechanisms, such as

21 the hotline of the Inspector General of the De22 partment of Defense, for the reporting of conduct

23 that may violate applicable requirements of law

24 or regulation;

25 (C) notification to contractor employees of

26 their right to be free from reprisal for disclosing
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1 a substantial violation of law related to a con2 tract, in accordance with section 2409 of title 10,

3 United States Code;

4 (D) ethics training programs for contractor

5 officers and employees;

6 (E) internal audit or review programs to

7 identify and address conduct that may violate

8 applicable requirements of law or regulation;

9 (F) self-reporting requirements, under

10 which contractors report conduct that may vio11 late applicable requirements of law or regulation

12 to appropriate government officials;

13 (G) disciplinary action for contractor em14 ployees whose conduct is determined to have vio15 lated applicable requirements of law or regula16 tion; and

17 (H) appropriate management oversight to

18 ensure the successful implementation of such eth19 ics programs;

20 (3) the extent to which the Department of De21 fense monitors or approves the ethics programs of

22 major defense contractors; and

23 (4) the advantages and disadvantages of legisla24 tion requiring that defense contractors develop inter-
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1 nal ethics programs and requiring that specific ele2 ments be included in such ethics programs.

3 (c) ACCESS TO INFORMATION.—In accordance with the

4 contract clause required pursuant to section 2313(c) of title

5 10, United States Code, each major defense contractor shall

6 provide the Comptroller General access to information re7 quested by the Comptroller General that is within the scope

8 of the report required by this section.

9 (d) MAJOR DEFENSE CONTRACTOR DEFINED.—In this

10 section, the term ‘‘major defense contractor’’ means any

11 company that received more than $500,000,000 in contract

12 awards from the Department of Defense during fiscal year

13 2006.

14 SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CON15 TRACTING WITH CONTRACTORS OR SUB16 CONTRACTORS EMPLOYING MEMBERS OF

17 THE SELECTED RESERVE.

18 (a) STUDY REQUIRED.—The Secretary of Defense shall

19 conduct a study on contracting with the Department of De20 fense by actual and potential contractors and subcontrac21 tors of the Department who employ members of the Selected

22 Reserve of the reserve components of the Armed Forces.

23 (b) ELEMENTS.—The study required by subsection (a)

24 shall address the following:
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1 (1) The extent to which actual and potential con2 tractors and subcontractors of the Department, in3 cluding small businesses, employ members of the Se4 lected Reserve.

5 (2) The extent to which actual and potential con6 tractors and subcontractors of the Department have

7 been or are likely to be disadvantaged in the perform8 ance of contracts with the Department, or in competi9 tion for new contracts with the Department, when

10 employees who are such members are mobilized as

11 part of a United States military operation overseas.

12 (3) Any actions that, in the view of the Sec13 retary, should be taken to address any such disadvan14 tage, including—

15 (A) the extension of additional time for the

16 performance of contracts to contractors and sub17 contractors of the Department who employ mem18 bers of the Selected Reserve who are mobilized as

19 part of a United States military operation over20 seas; and

21 (B) the provision of assistance in forming

22 contracting relationships with other entities to

23 ameliorate the temporary loss of qualified per24 sonnel.
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1 (4) For any action addressed under paragraph

2 (3)—

3 (A) the impact of that action on small busi4 ness concerns (as that term is defined in section

5 3 of the Small Business Act (15 U.S.C. 632));

6 and

7 (B) how contractors and subcontractors that

8 are small business concerns may assist in ad9 dressing any such disadvantage.

10 (c) REPORT.—Not later than one year after the date

11 of the enactment of this Act, the Secretary shall submit to

12 Congress a report on the study required by this section. The

13 report shall set forth the findings and recommendations of

14 the Secretary as a result of the study.

15 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section

16 819 of the National Defense Authorization Act for Fiscal

17 Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 U.S.C.

18 2305 note) is repealed.

19 SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR

20 PERSONNEL OUTSIDE THE ACQUISITION

21 WORKFORCE.

22 (a) TRAINING REQUIREMENT.—Section 2333 of title

23 10, United States Code is amended—

24 (1) by redesignating subsection (e) as subsection

25 (f); and
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1 (2) by inserting after subsection (d) the following

2 new subsection (e):

3 ‘‘(e) TRAINING FOR PERSONNEL OUTSIDE ACQUISI4 TION WORKFORCE.—(1) The joint policy for requirements

5 definition, contingency program management, and contin6 gency contracting required by subsection (a) shall provide

7 for training of military personnel outside the acquisition

8 workforce (including operational field commanders and of9 ficers performing key staff functions for operational field

10 commanders) who are expected to have acquisition responsi11 bility, including oversight duties associated with contracts

12 or contractors, during combat operations, post-conflict oper13 ations, and contingency operations.

14 ‘‘(2) Training under paragraph (1) shall be sufficient

15 to ensure that the military personnel referred to in that

16 paragraph understand the scope and scale of contractor

17 support they will experience in contingency operations and

18 are prepared for their roles and responsibilities with regard

19 to requirements definition, program management (includ20 ing contractor oversight), and contingency contracting.

21 ‘‘(3) The joint policy shall also provide for the incorpo22 ration of contractors and contract operations in mission

23 readiness exercises for operations that will include con24 tracting and contractor support.’’.
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1 (b) COMPTROLLER GENERAL REPORT.—Section

2 854(c) of the John Warner National Defense Authorization

3 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat.

4 2346) is amended by adding at the end the following new

5 paragraph:

6 ‘‘(3) COMPTROLLER GENERAL REPORT.—Not

7 later than 180 days after the date on which the Sec8 retary of Defense submits the final report required by

9 paragraph (2), the Comptroller General of the United

10 States shall—

11 ‘‘(A) review the joint policies developed by

12 the Secretary, including the implementation of

13 such policies; and

14 ‘‘(B) submit to the Committees on Armed

15 Services of the Senate and the House of Rep16 resentatives a report on the extent to which such

17 policies. and the implementation of such policies,

18 comply with the requirements of section 2333 of

19 title 10, United States Code (as so added).’’.

20 Subtitle E—Other Matters

21 SEC. 871. CONTRACTORS PERFORMING PRIVATE SECURITY

22 FUNCTIONS IN AREAS OF COMBAT OPER23 ATIONS.

24 (a) REGULATIONS ON CONTRACTORS PERFORMING

25 PRIVATE SECURITY FUNCTIONS.—
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1 (1) IN GENERAL.—Not later than 120 days after

2 the date of the enactment of this Act, the Secretary of

3 Defense shall prescribe regulations on the selection,

4 training, equipping, and conduct of personnel per5 forming private security functions under a covered

6 contract or covered subcontract in an area of combat

7 operations.

8 (2) ELEMENTS.—The regulations prescribed

9 under subsection (a) shall, at a minimum, establish—

10 (A) a process for registering, processing, ac11 counting for, and keeping appropriate records of

12 personnel performing private security functions

13 in an area of combat operations;

14 (B) a process for authorizing and account15 ing for weapons to be carried by, or available to

16 be used by, personnel performing private security

17 functions in an area of combat operations;

18 (C) a process for the registration and iden19 tification of armored vehicles, helicopters, and

20 other military vehicles operated by contractors

21 and subcontractors performing private security

22 functions in an area of combat operations;

23 (D) a process under which contractors are

24 required to report all incidents, and persons
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1 other than contractors are permitted to report

2 incidents, in which—

3 (i) a weapon is discharged by per4 sonnel performing private security functions

5 in an area of combat operations;

6 (ii) personnel performing private secu7 rity functions in an area of combat oper8 ations are filled or injured; or

9 (iii) persons are killed or injured, or

10 property is destroyed, as a result of conduct

11 by contractor personnel;

12 (E) a process for the independent review

13 and, where appropriate, investigation of—

14 (i) incidents reported pursuant to sub15 paragraph (D); and

16 (ii) incidents of alleged misconduct by

17 personnel performing private security func18 tions in an area of combat operations;

19 (F) qualification, training, screening, and

20 security requirements for personnel performing

21 private security functions in an area of combat

22 operations;

23 (G) guidance to the commanders of the com24 batant commands on the issuance of—
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1 (i) orders, directives, and instructions

2 to contractors and subcontractors per3 forming private security functions relating

4 to force protection, security, health, safety,

5 or relations and interaction with locals;

6 (ii) predeployment training require7 ments for personnel performing private se8 curity functions in an area of combat oper9 ations, addressing the requirements of this

10 section, resources and assistance available to

11 contractor personnel, country information

12 and cultural training, and guidance on

13 working with host country nationals and

14 military; and

15 (iii) rules on the use of force for per16 sonnel performing private security functions

17 in an area of combat operations;

18 (H) a process by which a commander of a

19 combatant command may request an action de20 scribed in subsection (b)(3); and

21 (I) a process by which the Department of

22 Defense shall implement the training require23 ments referred to in subparagraph (G)(ii).

24 (3) AVAILABILITY OF ORDERS, DIRECTIVES, AND

25 INSTRUCTIONS.—The regulations prescribed under
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1 subsection (a) shall include mechanisms to ensure the

2 provision and availability of the orders, directives,

3 and instructions referred to in paragraph (2)(G)(i) to

4 contractors and subcontractors referred to in that

5 paragraph, including through the maintenance of a

6 single location (including an Internet website) at or

7 through which such contractors and subcontractors

8 may access such orders, directives, and instructions.

9 (b) CONTRACT CLAUSE ON CONTRACTORS PER10 FORMING PRIVATE SECURITY FUNCTIONS.—

11 (1) REQUIREMENT UNDER FAR.—Not later than

12 180 days after the date of the enactment of this Act,

13 the Federal Acquisition Regulation issued in accord14 ance with section 25 of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 421) shall be revised to

16 require the insertion into each covered contract and

17 covered subcontract of a contract clause addressing

18 the selection, training, equipping, and conduct of per19 sonnel performing private security functions under

20 such contract or subcontract.

21 (2) CLAUSE REQUIREMENT.—The contract clause

22 required by paragraph (1) shall require, at a min23 imum, that the contractor or subcontractor concerned

24 shall—
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1 (A) comply with Department of Defense

2 procedures for—

3 (i) registering, processing, accounting

4 for, and keeping appropriate records of per5 sonnel performing private security functions

6 in an area of combat operations;

7 (ii) authorizing and accounting of

8 weapons to be carried by, or available to be

9 used by, personnel performing private secu10 rity functions in an area of combat oper11 ations;

12 (iii) registration and identification of

13 armored vehicles, helicopters, and other

14 military vehicles operated by contractors

15 and subcontractors performing private secu16 rity functions in an area of combat oper17 ations; and

18 (iv) the reporting of incidents in

19 which—

20 (I) a weapon is discharged by

21 personnel performing private security

22 functions in an area of combat oper23 ations;
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1 (II) personnel performing private

2 security functions in an area of combat

3 operations are killed or injured; or

4 (III) persons are killed or injured,

5 or property is destroyed, as a result of

6 conduct by contractor personnel;

7 (B) ensure that all personnel performing

8 private security functions under such contract or

9 subcontract are briefed on and understand their

10 obligation to comply with—

11 (i) qualification, training, screening,

12 and security requirements established by the

13 Secretary of Defense for personnel per14 forming private security functions in an

15 area of combat operations;

16 (ii) applicable laws and regulations of

17 the United States and the host country, and

18 applicable treaties and international agree19 ments, regarding the performance of the

20 functions of the contractor or subcontractor;

21 (iii) orders, directives, and instructions

22 issued by the applicable commander of a

23 combatant command relating to force pro24 tection, security, health, safety, or relations

25 and interaction with locals; and
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1 (iv) rules on the use of force issued by

2 the applicable commander of a combatant

3 command for personnel performing private

4 security functions in an area of combat op5 erations; and

6 (C) cooperate with any investigation con7 ducted by the Department of Defense pursuant to

8 subsection (a)(2)(D) by providing access to em9 ployees of the contractor or subcontractor, as the

10 case may be, and relevant information in the

11 possession of the contractor or subcontractor, as

12 the case may be, regarding the incident con13 cerned.

14 (3) NONCOMPLIANCE OF PERSONNEL WITH

15 CLAUSE.—The contracting officer for a covered con16 tract or subcontract may direct the contractor or sub17 contractor, at its own expense, to remove or replace

18 any personnel performing private security functions

19 in an area of combat operations who violate or fail

20 to comply with applicable requirements of the clause

21 required by this subsection. If the violation or failure

22 to comply is significant or repeated, the contract or

23 subcontract may be terminated for default.

24 (4) APPLICABILITY.—The contract clause re25 quired by this subsection shall be included in all cov-
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1 ered contracts and covered subcontracts awarded on

2 or after the date that is 180 days after the date of the

3 enactment of this Act. Federal agencies shall make

4 best efforts to provide for the inclusion of the contract

5 clause required by this subsection in covered contracts

6 and covered subcontracts awarded before such date.

7 (5) INSPECTOR GENERAL REPORT ON PILOT PRO8 GRAM ON IMPOSITION OF FINES FOR NONCOMPLIANCE

9 OF PERSONNEL WITH CLAUSE.—Not later than Janu10 ary 30, 2008, the Inspector General of the Depart11 ment of Defense shall submit to Congress a report as12 sessing the feasibility and advisability of carrying out

13 a pilot program for the imposition of fines on con14 tractors or subcontractors for personnel who violate or

15 fail to comply with applicable requirements of the

16 clause required by this section as a mechanism for en17 hancing the compliance of such personnel with the

18 clause. The report shall include—

19 (A) an assessment of the feasibility and ad20 visability of carrying out the pilot program; and

21 (B) if the Inspector General determines that

22 carrying out the pilot program is feasible and

23 advisable—
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1 (i) recommendations on the range of

2 contracts and subcontracts to which the

3 pilot program should apply; and

4 (ii) a schedule of fines to be imposed

5 under the pilot program for various types of

6 personnel actions or failures.

7 (c) AREAS OF COMBAT OPERATIONS.—

8 (1) DESIGNATION.—The Secretary of Defense

9 shall designate the areas constituting an area of com10 bat operations for purposes of this section by not later

11 than 120 days after the date of the enactment of this

12 Act.

13 (2) PARTICULAR AREAS.—Iraq and Afghanistan

14 shall be included in the areas designated as an area

15 of combat operations under paragraph (1).

16 (3) ADDITIONAL AREAS.—The Secretary may

17 designate any additional area as an area constituting

18 an area of combat operations for purposes of this sec19 tion if the Secretary determines that the presence or

20 potential of combat operations in such area warrants

21 designation of such area as an area of combat oper22 ations for purposes of this section.

23 (4) MODIFICATION OR ELIMINATION OF DESIGNA24 TION.—The Secretary may modify or cease the des25 ignation of an area under this subsection as an area
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1 of combat operations if the Secretary determines that

2 combat operations are no longer ongoing in such

3 area.

4 (d) DEFINITIONS.—In this section:

5 (1) The term ‘‘covered contract’’ means a con6 tract of a Federal agency for the performance of serv7 ices in an area of combat operations, as designated by

8 the Secretary of Defense under subsection (c).

9 (2) The term ‘‘covered subcontract’’ means a sub10 contract for the performance of private security func11 tions at any tier under a covered contract.

12 (3) The term ‘‘private security functions’’ means

13 activities engaged in by a contractor or subcontractor

14 under a covered contract or subcontract as follows:

15 (A) Guarding of personnel, facilities, or

16 property of a Federal agency, the contractor or

17 subcontractor, or a third party.

18 (B) Any other activity for which personnel

19 are required to carry weapons in the perform20 ance of their duties.

21 SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS

22 AND SERVICES PRODUCED IN IRAQ AND AF23 GHANISTAN.

24 (a) IN GENERAL.—In the case of a product or service

25 to be acquired in support of military operations or stability
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1 operations in Iraq or Afghanistan (including security,

2 transition, reconstruction, and humanitarian relief activi3 ties) for which the Secretary of Defense makes a determina4 tion described in subsection (b), the Secretary may conduct

5 a procurement in which—

6 (1) competition is limited to products or services

7 that are from Iraq or Afghanistan;

8 (2) procedures other than competitive procedures

9 are used to award a contract to a particular source

10 or sources from Iraq or Afghanistan; or

11 (3) a preference is provided for products or serv12 ices that are from Iraq or Afghanistan.

13 (b) DETERMINATION.—A determination described in

14 this subsection is a determination by the Secretary that—

15 (1) the product or service concerned is to be used

16 only by the military forces, police, or other security

17 personnel of Iraq or Afghanistan; or

18 (2) it is in the national security interest of the

19 United States to limit competition, use procedures

20 other than competitive procedures, or provide a pref21 erence as described in subsection (a) because—

22 (A) such limitation, procedure, or preference

23 is necessary to provide a stable source of jobs in

24 Iraq or Afghanistan; and
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1 (B) such limitation, procedure, or pref2 erence will not adversely affect—

3 (i) military operations or stability op4 erations in Iraq or Afghanistan; or

5 (ii) the United States industrial base.

6 (c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ

7 OR AFGHANISTAN.—For the purposes of this section:

8 (1) A product is from Iraq or Afghanistan if it

9 is mined, produced, or manufactured in Iraq or Af10 ghanistan.

11 (2) A service is from Iraq or Afghanistan if it

12 is performed in Iraq or Afghanistan by citizens or

13 permanent resident aliens of Iraq or Afghanistan.

14 (3) A source is from Iraq or Afghanistan if it—

15 (A) is located in Iraq or Afghanistan; and

16 (B) offers products or services that are from

17 Iraq or Afghanistan.

18 SEC. 873. DEFENSE SCIENCE BOARD REVIEW OF DEPART19 MENT OF DEFENSE POLICIES AND PROCE20 DURES FOR THE ACQUISITION OF INFORMA21 TION TECHNOLOGY.

22 (a) REVIEW REQUIRED.—Not later than 90 days after

23 the date of the enactment of this Act, the Secretary of De24 fense shall direct the Defense Science Board to carry out
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1 a review of Department of Defense policies and procedures

2 for the acquisition of information technology.

3 (b) MATTERS TO BE ADDRESSED.—The matters ad4 dressed by the review required by subsection (a) shall in5 clude the following:

6 (1) Department of Defense policies and proce7 dures for acquiring national security systems, busi8 ness information systems, and other information tech9 nology.

10 (2) The roles and responsibilities in imple11 menting such policies and procedures of—

12 (A) the Under Secretary of Defense for Ac13 quisition, Technology, and Logistics;

14 (B) the Chief Information Officer of the De15 partment of Defense;

16 (C) the Director of the Business Trans17 formation Agency;

18 (D) the service acquisition executives;

19 (E) the chief information officers of the

20 military departments;

21 (F) Defense Agency acquisition officials;

22 (G) the information officers of the Defense

23 Agencies; and

24 (H) the Director of Operational Test and

25 Evaluation and the heads of the operational test
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1 organizations of the military departments and

2 the Defense Agencies.

3 (3) The application of such policies and proce4 dures to information technologies that are an integral

5 part of weapons or weapon systems.

6 (4) The requirements of the Clinger-Cohen Act

7 (division E of Public Law 104–106) and the Paper8 work Reduction Act of 1995 regarding performance9 based and results-based management, capital plan10 ning, and investment control in the acquisition of in11 formation technology.

12 (5) Department of Defense policies and proce13 dures for maximizing the usage of commercial infor14 mation technology while ensuring the security of the

15 microelectronics, software, and networks of the De16 partment.

17 (6) The suitability of Department of Defense ac18 quisition regulations, including Department of De19 fense Directive 5000.1 and the accompanying mile20 stones, to the acquisition of information technology

21 systems.

22 (7) The adequacy and transparency of perform23 ance metrics currently used by the Department of De24 fense for the acquisition of information technology

25 systems.
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1 (8) The effectiveness of existing statutory and

2 regulatory reporting requirements for the acquisition

3 of information technology systems.

4 (9) The adequacy of operational and develop5 ment test resources (including infrastructure and per6 sonnel), policies, and procedures to ensure appro7 priate testing of information technology systems both

8 during development and before operational use.

9 (10) The appropriate policies and procedures for

10 technology assessment, development, and operational

11 testing for purposes of the adoption of commercial

12 technologies into information technology systems.

13 (c) REPORT REQUIRED.—Not later than one year after

14 the date of enactment of this Act, the Secretary shall submit

15 to the congressional defense committees a report on the re16 sults of the review required by subsection (a). The report

17 shall include the findings and recommendations of the De18 fense Science Board pursuant to the review, including such

19 recommendations for legislative or administrative action as

20 the Board considers appropriate, together with any com21 ments the Secretary considers appropriate.
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1 SEC. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION

2 AUTHORITY FOR THE UNIFIED COMBATANT

3 COMMAND FOR JOINT WARFIGHTING EXPERI4 MENTATION.

5 (a) SUSTAINMENT OF EQUIPMENT.—

6 (1) IN GENERAL.—Subsection (a) of section 167a

7 of title 10, United States Code, is amended by strik8 ing ‘‘and acquire’’ and inserting ‘‘, acquire, and sus9 tain’’.

10 (2) CONFORMING AMENDMENT.—Subsection (d)

11 of such section is amended in the matter preceding

12 paragraph (1) by striking ‘‘or acquisition’’ and in13 serting ‘‘, acquisition, or sustainment’’.

14 (b) TWO-YEAR EXTENSION.—Subsection (f) of such

15 section is amended—

16 (1) by striking ‘‘through 2008’’ and inserting

17 ‘‘through 2010’’; and

18 (2) by striking ‘‘September 30, 2008’’ and insert19 ing ‘‘September 30, 2010’’.

20 SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION

21 OF ESSENTIAL MILITARY ITEMS AND MILI22 TARY SYSTEM ESSENTIAL ITEM BREAKOUT

23 LIST.

24 Section 813 of the National Defense Authorization Act

25 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543)

26 is repealed.
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1 SEC. 876. GREEN PROCUREMENT POLICY.

2 (a) FINDINGS.—The Senate makes the following find3 ings:

4 (1) On September 1, 2004, the Department of

5 Defense issued its green procurement policy. The pol6 icy affirms a goal of 100 percent compliance with

7 Federal laws and executive orders requiring purchase

8 of environmentally friendly, or green, products and

9 services. The policy also outlines a strategy for meet10 ing those requirements along with metrics for meas11 uring progress.

12 (2) On September 13, 2006, the Department of

13 Defense hosted a biobased product showcase and edu14 cational event which underscores the importance and

15 seriousness with which the Department is imple16 menting its green procurement program.

17 (3) On January 24, 2007, President Bush signed

18 Executive Order 13423: Strengthening Federal Envi19 ronmental, Energy, and Transportation Management,

20 which contains the requirement that Federal agencies

21 procure biobased and environmentally preferable

22 products and services.

23 (4) Although the Department of Defense con24 tinues to work to become a leading advocate of green

25 procurement, there is concern that there is not a pro-
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1 curement application or process in place at the De2 partment that supports compliance analysis.

3 (b) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that the Department of Defense should establish a sys5 tem to document and track the use of environmentally pref6 erable products and services.

7 (c) REPORT.—Not later than 90 days after the date

8 of the enactment of this Act, the Secretary of Defense shall

9 submit to Congress a report on its plan to increase the usage

10 of environmentally friendly products that minimize poten11 tial impacts to human health and the environment at all

12 Department of Defense facilities inside and outside the

13 United States, including through the direct purchase of

14 products and the purchase of products by facility mainte15 nance contractors.

16 SEC. 877. GAO REVIEW OF USE OF AUTHORITY UNDER THE

17 DEFENSE PRODUCTION ACT OF 1950.

18 (a) THOROUGH REVIEW REQUIRED.—The Comptroller

19 General of the United States (in this section referred to as

20 the ‘‘Comptroller’’) shall conduct a thorough review of the

21 application of the Defense Production Act of 1950, since

22 the date of enactment of the Defense Production Act Reau23 thorization of 2003 (Public Law 108–195), in light of

24 amendments made by that Act.
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1 (b) CONSIDERATIONS.—In conducting the review re2 quired by this section, the Comptroller shall examine—

3 (1) existing authorities under the Defense Pro4 duction Act of 1950;

5 (2) whether and how such authorities should be

6 statutorily modified to ensure preparedness of the

7 United States and United States industry—

8 (A) to meet security challenges;

9 (B) to meet current and future defense re10 quirements;

11 (C) to meet current and future energy re12 quirements;

13 (D) to meet current and future domestic

14 emergency and disaster response and recovery re15 quirements;

16 (E) to reduce the interruption of critical in17 frastructure operations during a terrorist attack,

18 natural catastrophe, or other similar national

19 emergency; and

20 (F) to safeguard critical components of the

21 United States industrial base, including Amer22 ican aerospace and shipbuilding industries;

23 (3) the effectiveness of amendments made by the

24 Defense Production Act Reauthorization of 2003, and

25 the implementation of such amendments;
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1 (4) advantages and limitations of Defense Pro2 duction Act of 1950-related capabilities, to ensure ad3 aptation of the law to meet the security challenges of

4 the 21st Century;

5 (5) the economic impact of foreign offset con6 tracts and the efficacy of existing authority in miti7 gating such impact;

8 (6) the relative merit of developing rapid and

9 standardized systems for use of the authority provided

10 under the Defense Production Act of 1950, by any

11 Federal agency; and

12 (7) such other issues as the Comptroller deter13 mines relevant.

14 (c) REPORT TO CONGRESS.—Not later than 120 days

15 after the date of enactment of this Act, the Comptroller shall

16 submit a report to the Committee on Banking, Housing,

17 and Urban Affairs of the Senate on the results of the review

18 conducted under this section, together with any legislative

19 recommendations.

20 (d) RULES OF CONSTRUCTION ON PROTECTION OF IN21 FORMATION.—Notwithstanding any other provision of

22 law—

23 (1) the provisions of section 705(d) of the Defense

24 Production Act of 1950 (50 U.S.C. App. 2155(d))

25 shall not apply to information sought or obtained by
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1 the Comptroller for purposes of the review required by

2 this section; and

3 (2) provisions of law pertaining to the protection

4 of classified information or proprietary information

5 otherwise applicable to information sought or ob6 tained by the Comptroller in carrying out this section

7 shall not be affected by any provision of this section.

8 SEC. 878. TRANSPARENCY AND ACCOUNTABILITY IN MILI9 TARY AND SECURITY CONTRACTING.

10 (a) REPORTS ON IRAQ AND AFGHANISTAN CON11 TRACTS.—Not later than 90 days after the date of the enact12 ment of this Act, the Secretary of Defense, the Secretary

13 of State, the Secretary of the Interior, the Administrator

14 of the United States Agency for International Development,

15 and the Director of National Intelligence shall each submit

16 to Congress a report that contains the information, current

17 as of the date of the enactment of this Act, as follows:

18 (1) The number of persons performing work in

19 Iraq and Afghanistan under contracts (and sub20 contracts at any tier) entered into by departments

21 and agencies of the United States Government, in22 cluding the Department of Defense, the Department of

23 State, the Department of the Interior, and the United

24 States Agency for International Development, respec-
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1 tively, and a brief description of the functions per2 formed by these persons.

3 (2) The companies awarded such contracts and

4 subcontracts.

5 (3) The total cost of such contracts.

6 (4) A method for tracking the number of persons

7 who have been killed or wounded in performing work

8 under such contracts.

9 (b) SENSE OF THE SENATE.—It is the sense of the Sen10 ate that the Secretary of Defense, the Secretary of State,

11 the Secretary of the Interior, the Administrator of the

12 United States Agency for International Development, and

13 the Director of National Intelligence should make their best

14 efforts to compile the most accurate accounting of the num15 ber of civilian contractors killed or wounded in Iraq and

16 Afghanistan since October 1, 2001.

17 (c) DEPARTMENT OF DEFENSE REPORT ON STRATEGY

18 FOR AND APPROPRIATENESS OF ACTIVITIES OF CONTRAC19 TORS UNDER DEPARTMENT OF DEFENSE CONTRACTS IN

20 IRAQ, AFGHANISTAN, AND THE GLOBAL WAR ON TER21 ROR.—Not later than 180 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit to

23 Congress a report setting forth the strategy of the Depart24 ment of Defense for the use of, and a description of the ac25 tivities being carried out by, contractors and subcontractors
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1 working in Iraq and Afghanistan in support of Department

2 missions in Iraq, Afghanistan, and the Global War on Ter3 ror, including its strategy for ensuring that such contracts

4 do not—

5 (1) have private companies and their employees

6 performing inherently governmental functions; or

7 (2) place contractors in supervisory roles over

8 United States Government personnel.

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

10 UTAH.

11 (a) The Secretary of Energy shall develop a strategy

12 to complete the remediation at the Moab site, and the re13 moval of the tailings to the Crescent Junction site, in the

14 State of Utah by not later than January 1, 2019.

15 (b) Not later than 90 days after the date of enactment

16 of this Act, the Secretary shall submit to the Committee on

17 Energy and Natural Resources of the Senate, the Committee

18 on Energy and Commerce of the House of Representatives,

19 and the Committee on Appropriations of each of the Senate

20 and the House of Representatives a report describing the

21 strategy developed under subsection (a) and changes to the

22 existing cost, scope and schedule of the remediation and re23 moval activities that will be necessary to implement the

24 strategy.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Department of Defense

5 Management

6 SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT

7 OF DEFENSE HEADQUARTERS ACTIVITIES

8 PERSONNEL.

9 (a) REPEAL.—Section 130a of title 10, United States

10 Code, is repealed.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of chapter 3 of such title is amended by strik13 ing the item relating to section 130a.

14 SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPART15 MENT OF DEFENSE.

16 (a) SERVICE OF DEPUTY SECRETARY OF DEFENSE AS

17 CHIEF MANAGEMENT OFFICER OF DEPARTMENT OF DE18 FENSE.—Section 132 of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsection (c) as subsection

21 (d); and

22 (2) by inserting after subsection (b) the following

23 new subsection (c):

24 ‘‘(c)(1) The Deputy Secretary—
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1 ‘‘(A) serves as the Chief Management Officer of

2 the Department of Defense; and

3 ‘‘(B) is the principal adviser to the Secretary of

4 Defense on matters relating to the management of the

5 Department of Defense, including the development,

6 approval, implementation, integration, and oversight

7 of policies, procedures, processes, and systems for the

8 management of the Department of Defense that relate

9 to the performance of the following functions:

10 ‘‘(i) Planning and budgeting, including

11 performance measurement.

12 ‘‘(ii) Acquisition.

13 ‘‘(iii) Logistics.

14 ‘‘(iv) Facilities, installations, and environ15 ment.

16 ‘‘(v) Financial management.

17 ‘‘(vi) Human resources and personnel.

18 ‘‘(vii) Management of information re19 sources, including information technology, net20 works, and telecommunications functions.

21 ‘‘(2) In carrying out the duties of Chief Management

22 Officer of the Department of Defense, the Deputy Secretary

23 shall—

24 ‘‘(A) develop and maintain a departmentwide

25 strategic plan for business reform identifying key ini-
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1 tiatives to be undertaken by the Department of De2 fense and its components, together with related re3 source needs;

4 ‘‘(B) establish performance goals and measures

5 for improving and evaluating the overall economy, ef6 ficiency, and effectiveness of the business operations of

7 the Department of Defense;

8 ‘‘(C) monitor the progress of the Department of

9 Defense and its components in meeting performance

10 goals and measures established pursuant to subpara11 graph (B);

12 ‘‘(D) review and approve plans and budgets for

13 business reform, including any proposed changes to

14 policies, procedures, processes, and systems, to ensure

15 the compatibility of such plans and budgets with the

16 strategic plan for business reform established pursu17 ant to subparagraph (A);

18 ‘‘(E) oversee the development of, and review and

19 approve, all budget requests for defense business sys20 tems, including the information to be submitted to

21 Congress under section 2222(h) of this title; and

22 ‘‘(F) subject to the authority, direction, and con23 trol of the Secretary of Defense, perform the respon24 sibilities of the Secretary under section 2222 of this

25 title.
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1 ‘‘(3) The Deputy Secretary exercises the authority of

2 the Secretary of Defense in the performance of the duties

3 of Chief Management Officer of the Department of Defense

4 under this subsection subject to the authority, direction, and

5 control of the Secretary. The exercise of that authority is

6 binding on the Secretaries of the military departments and

7 the heads of the other elements and components of the De8 partment of Defense.’’.

9 (b) DEPUTY CHIEF MANAGEMENT OFFICER.—

10 (1) IN GENERAL.—Chapter 4 of such title is

11 amended by inserting after section 133b the following

12 new section:

13 ‘‘§ 133c. Under Secretary of Defense for Management

14 (Deputy Chief Management Officer)

15 ‘‘(a) There is an Under Secretary of Defense for Man16 agement (Deputy Chief Management Officer), appointed

17 from civilian life by the President, by and with the advice

18 and consent of the Senate, from among persons who have—

19 ‘‘(1) extensive executive level leadership and

20 management experience in the public or private sec21 tor;

22 ‘‘(2) strong leadership skills;

23 ‘‘(3) a demonstrated ability to manage large and

24 complex organizations; and
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1 ‘‘(4) a record of achieving positive operational

2 results.

3 ‘‘(b) The Under Secretary of Defense for Management

4 (Deputy Chief Management Officer) shall assist the Deputy

5 Secretary of Defense in the performance of his duties as

6 Chief Management Officer. The Under Secretary of Defense

7 for Management (Deputy Chief Management Officer) shall

8 act for, and exercise the powers of, the Chief Management

9 Officer when the Deputy Secretary is absent or disabled or

10 there is no Deputy Secretary.

11 ‘‘(c)(1) With respect to all matters for which he has

12 responsibility by law or by direction of the Secretary of De13 fense, the Under Secretary of Defense for Management (Dep14 uty Chief Management Officer) takes precedence in the De15 partment of Defense after the Secretary of Defense and the

16 Deputy Secretary of Defense.

17 ‘‘(2) With respect to all matters other than matters for

18 which he has responsibility by law or by direction of the

19 Secretary of Defense, the Under Secretary takes precedence

20 in the Department of Defense after the Secretaries of the

21 military departments and the Under Secretary of Defense

22 for Acquisition, Technology, and Logistics.’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended by
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1 inserting after the item relating to section 133b the

2 following new item:

‘‘133c. Under Secretary of Defense for Management (Deputy Chief Management

Officer).’’.

3 (3) EXECUTIVE SCHEDULE LEVEL III.—Section

4 5314 of title 5, United States Code, is amended by in5 serting after the item relating to the Under Secretary

6 of Defense for Intelligence the following new item:

7 ‘‘Under Secretary of Defense for Management

8 (Deputy Chief Management Officer).’’.

9 (4) PLACEMENT IN OSD.—Section 131(b)(2) of

10 title 10, United States Code, is amended—

11 (A) by redesignating subparagraphs (B)

12 through (E) as subparagraphs (C) through (F),

13 respectively; and

14 (B) by inserting after subparagraph (A) the

15 following new subparagraph (B):

16 ‘‘(B) The Under Secretary of Defense for

17 Management (Deputy Chief Management Offi18 cer).’’.

19 (5) CONFORMING AMENDMENT.—Section 134(c)

20 of such title is amended by striking ‘‘the Secretary of

21 Defense’’ and all that follows and inserting ‘‘the

22 Under Secretary of Defense for Management (Deputy

23 Chief Management Officer).’’.
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1 (c) CHIEF MANAGEMENT OFFICERS OF THE MILITARY

2 DEPARTMENTS.—

3 (1) DEPARTMENT OF THE ARMY.—Section 3015

4 of title 10, United States Code, is amended by adding

5 at the end the following new subsection:

6 ‘‘(c)(1) The Under Secretary serves as the Chief Man7 agement Officer of the Department of the Army.

8 ‘‘(2) The Under Secretary is the principal adviser to

9 the Secretary of the Army on matters relating to the man10 agement of the Department of the Army, including the de11 velopment, approval, implementation, integration, and

12 oversight of policies, procedures, processes, and systems for

13 the management of the Department of the Army that relate

14 to the performance of the following functions:

15 ‘‘(A) Planning and budgeting, including per16 formance measurement.

17 ‘‘(B) Acquisition.

18 ‘‘(C) Logistics.

19 ‘‘(D) Facilities, installations, and environment.

20 ‘‘(E) Financial management.

21 ‘‘(F) Human resources and personnel.

22 ‘‘(G) Management of information resources, in23 cluding information technology, networks, and tele24 communications functions.
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1 ‘‘(3) Subject to the direction and oversight of the Chief

2 Management Officer and Deputy Chief Management Officer

3 of the Department of Defense, the Under Secretary shall be

4 responsible for—

5 ‘‘(A) developing and maintaining a strategic

6 plan for business reform that identifies key initiatives

7 to be undertaken by the Department of the Army for

8 business reform, together with related resource needs;

9 ‘‘(B) establishing performance goals and meas10 ures for improving and evaluating the overall econ11 omy, efficiency, and effectiveness of the business oper12 ations of the Department of the Army;

13 ‘‘(C) monitoring the progress of the Department

14 of the Army and its components in meeting the per15 formance goals and measures established pursuant to

16 subparagraph (B);

17 ‘‘(D) reviewing and approving the plans and

18 budgets of the Department of the Army for business

19 reform, including any proposed changes to policies,

20 procedures, processes, and systems, to ensure the com21 patibility of such plans and budgets with the strategic

22 plan for business reform established pursuant to sub23 paragraph (A); and

24 ‘‘(E) overseeing the development of, and review25 ing and approving, all budget requests for defense
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1 business systems by the Department of the Army, in2 cluding the information to be submitted to Congress

3 under section 2222(h) of this title.’’.

4 (2) DEPARTMENT OF THE NAVY.—Section 5015

5 of such title is amended by adding at the end the fol6 lowing new subsection:

7 ‘‘(c)(1) The Under Secretary serves as the Chief Man8 agement Officer of the Department of the Navy.

9 ‘‘(2) The Under Secretary is the principal adviser to

10 the Secretary of the Navy on matters relating to the man11 agement of the Department of the Navy, including the devel12 opment, approval, implementation, integration, and over13 sight of policies, procedures, processes, and systems for the

14 management of the Department of the Navy that relate to

15 the performance of the following functions:

16 ‘‘(A) Planning and budgeting, including per17 formance measurement.

18 ‘‘(B) Acquisition.

19 ‘‘(C) Logistics.

20 ‘‘(D) Facilities, installations, and environment.

21 ‘‘(E) Financial management.

22 ‘‘(F) Human resources and personnel.

23 ‘‘(G) Management of information resources, in24 cluding information technology, networks, and tele25 communications functions.
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1 ‘‘(3) Subject to the direction and oversight of the Chief

2 Management Officer and Deputy Chief Management Officer

3 of the Department of Defense, the Under Secretary shall be

4 responsible for—

5 ‘‘(A) developing and maintaining a strategic

6 plan for business reform that identifies key initiatives

7 to be undertaken by the Department of the Navy for

8 business reform, together with related resource needs;

9 ‘‘(B) establishing performance goals and meas10 ures for improving and evaluating the overall econ11 omy, efficiency, and effectiveness of the business oper12 ations of the Department of the Navy;

13 ‘‘(C) monitoring the progress of the Department

14 of the Navy and its components in meeting the per15 formance goals and measures established pursuant to

16 subparagraph (B);

17 ‘‘(D) reviewing and approving the plans and

18 budgets of the Department of the Navy for business re19 form, including any proposed changes to policies, pro20 cedures, processes, and systems, to ensure the compat21 ibility of such plans and budgets with the strategic

22 plan for business reform established pursuant to sub23 paragraph (A); and

24 ‘‘(E) overseeing the development of, and review25 ing and approving, all budget requests for defense
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1 business systems by the Department of the Navy, in2 cluding the information to be submitted to Congress

3 under section 2222(h) of this title.’’.

4 (3) DEPARTMENT OF THE AIR FORCE.—Section

5 8015 of such title is amended by adding at the end

6 the following new subsection:

7 ‘‘(c)(1) The Under Secretary serves as the Chief Man8 agement Officer of the Department of the Air Force.

9 ‘‘(2) The Under Secretary is the principal adviser to

10 the Secretary of the Air Force on matters relating to the

11 management of the Department of the Air Force, including

12 the development, approval, implementation, integration,

13 and oversight of policies, procedures, processes, and systems

14 for the management of the Department of the Air Force that

15 relate to the performance of the following functions:

16 ‘‘(A) Planning and budgeting, including per17 formance measurement.

18 ‘‘(B) Acquisition.

19 ‘‘(C) Logistics.

20 ‘‘(D) Facilities, installations, and environment.

21 ‘‘(E) Financial management.

22 ‘‘(F) Human resources and personnel.

23 ‘‘(G) Management of information resources, in24 cluding information technology, networks, and tele25 communications functions.
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1 ‘‘(3) Subject to the direction and oversight of the Chief

2 Management Officer and Deputy Chief Management Officer

3 of the Department of Defense, the Under Secretary shall be

4 responsible for—

5 ‘‘(A) developing and maintaining a strategic

6 plan for business reform that identifies key initiatives

7 to be undertaken by the Department of the Air Force

8 for business reform, together with related resource

9 needs;

10 ‘‘(B) establishing performance goals and meas11 ures for improving and evaluating the overall econ12 omy, efficiency, and effectiveness of the business oper13 ations of the Department of the Air Force;

14 ‘‘(C) monitoring the progress of the Department

15 of the Air Force and its components in meeting the

16 performance goals and measures established pursuant

17 to subparagraph (B);

18 ‘‘(D) reviewing and approving the plans and

19 budgets of the Department of the Air Force for busi20 ness reform, including any proposed changes to poli21 cies, procedures, processes, and systems, to ensure the

22 compatibility of such plans and budgets with the stra23 tegic plan for business reform established pursuant to

24 subparagraph (A); and
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1 ‘‘(E) overseeing the development of, and review2 ing and approving, all budget requests for defense

3 business systems by the Department of the Air Force,

4 including the information to be submitted to Congress

5 under section 2222(h) of this title.’’.

6 (d) MATTERS RELATING TO FINANCIAL MANAGEMENT

7 MODERNIZATION EXECUTIVE COMMITTEE.—Section 185(a)

8 of title 10, United States Code, is amended—

9 (1) in paragraph (2)—

10 (A) by redesignating subparagraphs (A)

11 through (E) as subparagraphs (C) though (G),

12 respectively; and

13 (B) by inserting before subparagraph (C),

14 as redesignated by subparagraph (A) of this

15 paragraph, the following new subparagraphs:

16 ‘‘(A) The Deputy Secretary of Defense, who shall

17 be the chairman of the committee.

18 ‘‘(B) The Under Secretary of Defense for Man19 agement (Deputy Chief Management Officer), who

20 shall act as the chairman of the committee in the ab21 sence of the Deputy Secretary of Defense.’’; and

22 (C) in subparagraph (C), as so redesig23 nated, by striking ‘‘, who shall be the chairman

24 of the committee’’; and
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1 (2) in paragraph (3), by inserting ‘‘the Under

2 Secretary of Defense for Management (Deputy Chief

3 Management Officer),’’ after ‘‘the Deputy Secretary of

4 Defense,’’.

5 (e) MATTERS RELATING TO DEFENSE BUSINESS SYS6 TEM MANAGEMENT COMMITTEE.—Section 186 of such title

7 is amended—

8 (1) in subsection (a)—

9 (A) by redesignating paragraphs (2)

10 through (7) as paragraphs (3) through (8), re11 spectively; and

12 (B) by inserting after paragraph (1) the fol13 lowing new paragraph (2):

14 ‘‘(2) The Under Secretary of Defense for Manage15 ment (Deputy Chief Management Officer).’’; and

16 (2) in subsection (b), by striking the second sen17 tence and inserting the following new sentence: ‘‘The

18 Under Secretary of Defense for Management (Deputy

19 Chief Management Officer) shall serve as the vice

20 chairman of the committee, and shall act as the chair21 man of the committee in the absence of the Deputy

22 Secretary of Defense.’’.

23 (f) MANAGEMENT OF DEFENSE BUSINESS TRANS24 FORMATION AGENCY.—Section 192(e)(2) of such title is

25 amended by striking ‘‘that the Agency’’ and all that follows
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1 and inserting ‘‘that the Director of the Agency shall report

2 directly to the Under Secretary of Defense for Management

3 (Deputy Chief Management Officer).’’.

4 SEC. 903. MODIFICATION OF BACKGROUND REQUIREMENT

5 OF INDIVIDUALS APPOINTED AS UNDER SEC6 RETARY OF DEFENSE FOR ACQUISITION,

7 TECHNOLOGY, AND LOGISTICS.

8 Section 133(a) of title 10, United States Code, is

9 amended by striking ‘‘in the private sector’’.

10 SEC. 904. DEPARTMENT OF DEFENSE BOARD OF ACTU11 ARIES.

12 (a) ESTABLISHMENT.—

13 (1) IN GENERAL.—Chapter 7 of title 10, United

14 States Code, is amended by inserting after section 182

15 the following new section:

16 ‘‘§ 183. Department of Defense Board of Actuaries

17 ‘‘(a) IN GENERAL.—There shall be in the Department

18 of Defense a Department of Defense Board of Actuaries

19 (hereinafter in this section referred to as the ‘Board’).

20 ‘‘(b) MEMBERS.—(1) The Board shall consist of three

21 members who shall be appointed by the Secretary of Defense

22 from among qualified professional actuaries who are mem23 bers of the Society of Actuaries.

24 ‘‘(2) The members of the Board shall serve for a term

25 of 15 years, except that a member of the Board appointed
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1 to fill a vacancy occurring before the end of the term for

2 which the member’s predecessor was appointed shall only

3 serve until the end of such term. A member may serve after

4 the end of the member’s term until the member’s successor

5 takes office.

6 ‘‘(3) A member of the Board may be removed by the

7 Secretary of Defense only for misconduct or failure to per8 form functions vested in the Board.

9 ‘‘(4) A member of the Board who is not an employee

10 of the United States is entitled to receive pay at the daily

11 equivalent of the annual rate of basic pay of the highest

12 rate of basic pay then currently being paid under the Gen13 eral Schedule of subchapter III of chapter 53 of title 5 for

14 each day the member is engaged in the performance of the

15 duties of the Board and is entitled to travel expenses, in16 cluding a per diem allowance, in accordance with section

17 5703 of that title in connection with such duties.

18 ‘‘(c) DUTIES.—The Board shall have the following du19 ties:

20 ‘‘(1) To review valuations of the Department of

21 Defense Military Retirement Fund in accordance

22 with section 1465(c) of this title and submit to the

23 President and Congress, not less often than once every

24 four years, a report on the status of that Fund, in25 cluding such recommendations for modifications to
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1 the funding or amortization of that Fund as the

2 Board considers appropriate and necessary to main3 tain that Fund on a sound actuarial basis.

4 ‘‘(2) To review valuations of the Department of

5 Defense Education Benefits Fund in accordance with

6 section 2006(e) of this title and make recommenda7 tions to the President and Congress on such modifica8 tions to the funding or amortization of that Fund as

9 the Board considers appropriate to maintain that

10 Fund on a sound actuarial basis.

11 ‘‘(3) To review valuations of such other funds as

12 the Secretary of Defense shall specify for purposes of

13 this section and make recommendations to the Presi14 dent and Congress on such modifications to the fund15 ing or amortization of such funds as the Board con16 siders appropriate to maintain such funds on a sound

17 actuarial basis.

18 ‘‘(d) RECORDS.—The Secretary of Defense shall ensure

19 that the Board has access to such records regarding the

20 funds referred to in subsection (c) as the Board shall require

21 to determine the actuarial status of such funds.

22 ‘‘(e) REPORTS.—(1) The Board shall submit to the

23 Secretary of Defense on an annual basis a report on the

24 actuarial status of each of the following:
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1 ‘‘(A) The Department of Defense Military Retire2 ment Fund.

3 ‘‘(B) The Department of Defense Education Ben4 efits Fund.

5 ‘‘(C) Each other fund specified by Secretary

6 under subsection (c)(3).

7 ‘‘(2) The Board shall also furnish its advice and opin8 ion on matters referred to it by the Secretary.’’.

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 7 of such title is

11 amended by inserting after the item relating to sec12 tion 182 the following new item:

‘‘183. Department of Defense Board of Actuaries.’’.

13 (3) INITIAL SERVICE AS BOARD MEMBERS.—

14 Each member of the Department of Defense Retire15 ment Board of Actuaries or the Department of De16 fense Education Benefits Board of Actuaries as of the

17 date of the enactment of this Act shall serve as an ini18 tial member of the Department of Defense Board of

19 Actuaries under section 183 of title 10, United States

20 Code (as added by paragraph (1)), from that date

21 until the date otherwise provided for the completion

22 of such individual’s term as a member of the Depart23 ment of Defense Retirement Board of Actuaries or the

24 Department of Defense Education Benefits Board of
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1 Actuaries, as the case may be, unless earlier removed

2 by the Secretary of Defense.

3 (b) TERMINATION OF EXISTING BOARDS OF ACTU4 ARIES.—

5 (1) DEPARTMENT OF DEFENSE RETIREMENT

6 BOARD OF ACTUARIES.—(A) Section 1464 of title 10,

7 United States Code, is repealed.

8 (B) The table of sections at the beginning of

9 chapter 74 of such title is amended by striking the

10 item relating to section 1464.

11 (2) DEPARTMENT OF DEFENSE EDUCATION BEN12 EFITS BOARD OF ACTUARIES.—Section 2006 of such

13 title is amended—

14 (A) in subsection (c)(1), by striking ‘‘sub15 section (g)’’ and inserting ‘‘subsection (f)’’;

16 (B) by striking subsection (e);

17 (C) by redesignating subsections (f), (g),

18 and (h) as subsections (e), (f), and (g), respec19 tively;

20 (D) in subsection (e), as redesignated by

21 subparagraph (C), by striking ‘‘subsection (g)’’

22 in paragraph (5) and inserting ‘‘subsection (f)’’;

23 and

24 (E) in subsection (f), as so redesignated—
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1 (i) in paragraph (2)(A), by striking

2 ‘‘subsection (f)(3)’’ and inserting ‘‘sub3 section (e)(3)’’; and

4 (ii) in paragraph (2)(B), by striking

5 ‘‘subsection (f)(4)’’ and inserting ‘‘sub6 section (e)(4)’’.

7 (c) CONFORMING AMENDMENTS.—

8 (1) Section 1175(h)(4) of title 10, United States

9 Code, is amended by striking ‘‘Retirement’’ the first

10 place it appears.

11 (2) Section 1460(b) of such title is amended by

12 striking ‘‘Retirement’’.

13 (3) Section 1466(c)(3) of such title is amended

14 by striking ‘‘Retirement’’.

15 (4) Section 12521(6) of such title is amended by

16 striking ‘‘Department of Defense Education Benefits

17 Board of Actuaries referred to in section 2006(e)(1) of

18 this title’’ and inserting ‘‘Department of Defense

19 Board of Actuaries under section 183 of this title’’.

20 SEC. 905. ASSISTANT SECRETARIES OF THE MILITARY DE21 PARTMENTS FOR ACQUISITION MATTERS;

22 PRINCIPAL MILITARY DEPUTIES.

23 (a) DEPARTMENT OF THE ARMY.—Section 3016(b) of

24 title 10, United States Code, is amended by adding at the

25 end the following new paragraph:
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1 ‘‘(5)(A) One of the Assistant Secretaries shall be the

2 Assistant Secretary of the Army for Acquisition, Tech3 nology, and Logistics. The principal duty of the Assistant

4 Secretary shall be the overall supervision of acquisition,

5 technology, and logistics matters of the Department of the

6 Army.

7 ‘‘(B) The Assistant Secretary shall have a Principal

8 Deputy, who shall be a lieutenant general of the Army on

9 active duty. The Principal Deputy shall be appointed from

10 among officers who have significant experience in the areas

11 of acquisition and program management. The position of

12 Principal Deputy shall be designated as a critical acquisi13 tion position under section 1733 of this title.’’.

14 (b) DEPARTMENT OF THE NAVY.—Section 5016(b) of

15 such title is amended by adding at the end the following

16 new paragraph:

17 ‘‘(4)(A) One of the Assistant Secretaries shall be the

18 Assistant Secretary of the Navy for Research, Development,

19 and Acquisition. The principal duty of the Assistant Sec20 retary shall be the overall supervision of research, develop21 ment, and acquisition matters of the Department of the

22 Navy.

23 ‘‘(B) The Assistant Secretary shall have a Principal

24 Deputy, who shall be a vice admiral of the Navy or a lieu25 tenant general of the Marine Corps on active duty. The
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1 Principal Deputy shall be appointed from among officers

2 who have significant experience in the areas of acquisition

3 and program management. The position of Principal Dep4 uty shall be designated as a critical acquisition position

5 under section 1733 of this title.’’.

6 (c) DEPARTMENT OF THE AIR FORCE.—Section

7 8016(b) of such title is amended by adding at the end the

8 following new paragraph:

9 ‘‘(4)(A) One of the Assistant Secretaries shall be the

10 Assistant Secretary of the Air Force for Acquisition. The

11 principal duty of the Assistant Secretary shall be the overall

12 supervision of acquisition matters of the Department of the

13 Air Force.

14 ‘‘(B) The Assistant Secretary shall have a Principal

15 Deputy, who shall be a lieutenant general of the Air Force

16 on active duty. The Principal Deputy shall be appointed

17 from among officers who have significant experience in the

18 areas of acquisition and program management. The posi19 tion of Principal Deputy shall be designated as a critical

20 acquisition position under section 1733 of this title.’’.

21 (d) DUTY OF PRINCIPAL MILITARY DEPUTIES TO IN22 FORM SERVICE CHIEFS ON MAJOR DEFENSE ACQUISITION

23 PROGRAMS.—Each Principal Deputy to a service acquisi24 tion executive shall be responsible for keeping the Chief of
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1 Staff of the Armed Force concerned informed of the progress

2 of major defense acquisition programs.

3 (e) EXCLUSION OF PRINCIPAL MILITARY DEPUTIES

4 FROM DISTRIBUTION AND STRENGTH IN GRADE LIMITA5 TIONS.—

6 (1) DISTRIBUTION.—Section 525(b) of such title

7 is amended by adding at the end the following new

8 paragraph:

9 ‘‘(9)(A) An officer while serving in a position specified

10 in subparagraph (B) is in addition to the number that

11 would otherwise be permitted for that officer’s armed force

12 for the grade of lieutenant general or vice admiral, as appli13 cable.

14 ‘‘(B) A position specified in this subparagraph is each

15 position as follows:

16 ‘‘(i) Principal Deputy to the Assistant Secretary

17 of the Army for Acquisition, Logistics, and Tech18 nology.

19 ‘‘(ii) Principal Deputy to the Assistant Sec20 retary of the Navy for Research, Development, and

21 Acquisition.

22 ‘‘(iii) Principal Deputy to the Assistant Sec23 retary of the Air Force for Acquisition.’’.
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1 (2) AUTHORIZED STRENGTH.—Section 526 of

2 such title is amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(g) EXCLUSION OF PRINCIPAL DEPUTIES TO ASSIST5 ANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR

6 ACQUISITION MATTERS.—The limitations of this section do

7 not apply to a general or flag officer who is covered by the

8 exclusion under section 525(b)(9) of this title.’’.

9 SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY

10 DEPUTY CHIEFS OF STAFF AND ASSISTANT

11 CHIEFS OF STAFF.

12 Subsection (b) of section 3035 of title 10, United States

13 Code, is amended to read as follows:

14 ‘‘(b) The Secretary of the Army shall prescribe the

15 number of Deputy Chiefs of Staff and Assistant Chiefs of

16 Staff. The aggregate number of such positions may not ex17 ceed eight positions.’’.

18 SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF

19 THE DIRECTOR OF OPERATIONAL TEST AND

20 EVALUATION.

21 It is the sense of Congress that the term of office of

22 the Director of Operational Test and Evaluation of the De23 partment of Defense should be not less than five years.
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1 Subtitle B—Space Matters

2 SEC. 921. SPACE POSTURE REVIEW.

3 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—

4 In order to clarify the national security space policy and

5 strategy of the United States for the near term, the Sec6 retary of Defense and the Director of National Intelligence

7 shall jointly conduct a comprehensive review of the space

8 posture of the United States over the posture review period.

9 (b) ELEMENTS OF REVIEW.—The review conducted

10 under subsection (a) shall include, for the posture review

11 period, the following:

12 (1) The definition, policy, requirements, and ob13 jectives for each of the following:

14 (A) Space situational awareness.

15 (B) Space control.

16 (C) Space superiority, including defensive

17 and offensive counterspace.

18 (D) Force enhancement and force applica19 tion.

20 (E) Space-based intelligence and surveil21 lance and reconnaissance from space.

22 (F) Any other matter the Secretary con23 siders relevant to understanding the space pos24 ture of the United States.
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1 (2) A description of current and planned space

2 acquisition programs that are in acquisition cat3 egories 1 and 2, including how each such program

4 will address the policy, requirements, and objectives

5 described under each of subparagraphs (A) through

6 (F) of paragraph (1).

7 (3) A description of future space systems and

8 technology development (other than such systems and

9 technology in development as of the date of the enact10 ment of this Act) necessary to address the policy, re11 quirements, and objectives described under each of

12 subparagraphs (A) through (F) of paragraph (1).

13 (4) An assessment of the relationship among the

14 following:

15 (A) United States military space policy.

16 (B) National security space policy.

17 (C) National security space objectives.

18 (D) Arms control policy.

19 (5) An assessment of the effect of the military

20 and national security space policy of the United

21 States on the proliferation of weapons capable of tar22 geting objects in space or objects on Earth from space.

23 (c) REPORT.—

24 (1) IN GENERAL.—Not later than December 1,

25 2009, the Secretary of Defense and the Director of Na-
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1 tional Intelligence shall jointly submit to the congres2 sional committees specified in paragraph (3) a report

3 on the review conducted under subsection (a).

4 (2) FORM OF REPORT.—The report under this

5 subsection shall be submitted in unclassified form, but

6 may include a classified annex.

7 (3) COMMITTEES.—The congressional committees

8 specified in this paragraph are—

9 (A) the Committee on Armed Services and

10 the Select Committee on Intelligence of the Sen11 ate; and

12 (B) the Committee on Armed Services and

13 the Permanent Select Committee on Intelligence

14 of the House of Representatives.

15 (d) POSTURE REVIEW PERIOD DEFINED.—In this sec16 tion, the term ‘‘posture review period’’ means the 10-year

17 period beginning on February 1, 2009.

18 SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISI19 TION FOR DEFENSE SPACE PROGRAMS.

20 Section 911(b)(1) of the Bob Stump National Defense

21 Authorization Act for Fiscal Year 2003 (Public Law 107–

22 314; 116 Stat. 2621) is amended by inserting ‘‘, and March

23 15, 2008,’’ after ‘‘March 15, 2003,’’.
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1 Subtitle C—Other Matters

2 SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF

3 EFFECT OF CLIMATE CHANGE ON DEPART4 MENT FACILITIES, CAPABILITIES, AND MIS5 SIONS.

6 Section 118 of title 10, United States Code, is amended

7 by adding at the end the following new subsection:

8 ‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE

9 CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND

10 MISSIONS.—(1) The first national security strategy and na11 tional defense strategy prepared after the date of the enact12 ment of this subsection shall include guidance for military

13 planners—

14 ‘‘(A) to assess the risks of projected climate

15 change to current and future missions of the armed

16 forces;

17 ‘‘(B) to update defense plans based on these as18 sessments, including working with allies and partners

19 to incorporate climate mitigation strategies, capacity

20 building, and relevant research and development; and

21 ‘‘(C) to develop the capabilities needed to reduce

22 future impacts.

23 ‘‘(2) The first quadrennial defense review prepared

24 after the date of the enactment of this subsection shall also

25 examine the capabilities of the armed forces to respond to
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1 the consequences of climate change, in particular, prepared2 ness for natural disasters from extreme weather events and

3 other missions the armed forces may be asked to support

4 inside the United States and overseas.

5 ‘‘(3) For planning purposes to comply with the re6 quirements of this subsection, the Secretary of Defense shall

7 use—

8 ‘‘(A) the mid-range projections of the fourth as9 sessment report of the Intergovernmental Panel on

10 Climate Change;

11 ‘‘(B) subsequent mid-range consensus climate

12 projections if more recent information is available

13 when the next national security strategy, national de14 fense strategy, or quadrennial defense review, as the

15 case may be, is conducted; and

16 ‘‘(C) findings of appropriate and available esti17 mations or studies of the anticipated strategic, social,

18 political, and economic effects of global climate

19 change and the implications of such effects on the na20 tional security of the United States.

21 ‘‘(4) The Secretary shall ensure that this subsection is

22 implemented in a manner that does not have a negative

23 impact on national security.

24 ‘‘(5) In this subsection, the term ‘national security

25 strategy’ means the annual national security strategy re-
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1 port of the President under section 108 of the National Se2 curity Act of 1947 (50 U.S.C. 404a).’’.

3 SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERV4 ICES UNIVERSITY OF THE HEALTH SCIENCES.

5 (a) APPOINTMENTS.—

6 (1) IN GENERAL.—Section 2113 of title 10,

7 United States Code, is amended—

8 (A) in subsection (a)(1), by striking ‘‘by the

9 President, by and with the advice and consent of

10 the Senate’’ and inserting ‘‘by the Secretary of

11 Defense’’; and

12 (B) in subsection (b)—

13 (i) in paragraph (1), by adding ‘‘and’’

14 at the end;

15 (ii) by striking paragraph (2); and

16 (iii) by redesignating paragraph (3) as

17 paragraph (2).

18 (2) CHAIRMAN.—Subsection (c) of such section is

19 amended by striking ‘‘the President’’ and inserting

20 ‘‘the Secretary’’.

21 (b) STATUTORY REDESIGNATION OF DEAN AS PRESI22 DENT.—

23 (1) Section 2113 of such title is further amended

24 by striking ‘‘Dean’’ each place it appears in sub25 sections (d) and (f)(1) and inserting ‘‘President’’.
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1 (2) Section 2114(e) of such title is amended by

2 striking ‘‘Dean’’ each place it appears in paragraphs

3 (3) and (5).

4 (c) COMPENSATION OF MEMBERS FOR PERFORMANCE

5 OF DUTIES.—Subsection (e) of section 2113 of such title

6 is further amended by striking ‘‘but not exceeding $100 per

7 diem’’.

8 SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.

9 (a) ESTABLISHMENT.—Chapter 104 of title 10, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 2117. United States Military Cancer Institute

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall

14 establish in the University the United States Military Can15 cer Institute. The Institute shall be established pursuant to

16 regulations prescribed by the Secretary.

17 ‘‘(b) PURPOSES.—The purposes of the Institute are as

18 follows:

19 ‘‘(1) To establish and maintain a clearinghouse

20 of data on the incidence and prevalence of cancer

21 among members and former members of the armed

22 forces.

23 ‘‘(2) To conduct research that contributes to the

24 detection or treatment of cancer among the members

25 and former members of the armed forces.
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1 ‘‘(c) HEAD OF INSTITUTE.—The Director of the United

2 States Military Cancer Institute is the head of the Institute.

3 The Director shall report to the President of the University

4 regarding matters relating to the Institute.

5 ‘‘(d) ELEMENTS.—(1) The Institute is composed of

6 clinical and basic scientists in the Department of Defense

7 who have an expertise in research, patient care, and edu8 cation relating to oncology and who meet applicable criteria

9 for affiliation with the Institute.

10 ‘‘(2) The components of the Institute include military

11 treatment and research facilities that meet applicable cri12 teria and are designated as affiliates of the Institute.

13 ‘‘(e) RESEARCH.—(1) The Director of the United

14 States Military Cancer Institute shall carry out research

15 studies on the following:

16 ‘‘(A) The epidemiological features of cancer, in17 cluding assessments of the carcinogenic effect of ge18 netic and environmental factors, and of disparities in

19 health, inherent or common among populations of

20 various ethnic origins within the members of the

21 armed forces.

22 ‘‘(B) The prevention and early detection of can23 cer among members and former members of the armed

24 forces.
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1 ‘‘(C) Basic, translational, and clinical investiga2 tion matters relating to the matters described in sub3 paragraphs (A) and (B).

4 ‘‘(2) The research studies under paragraph (1) shall

5 include complementary research on oncologic nursing.

6 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of the

7 United States Military Cancer Institute shall carry out the

8 research studies under subsection (e) in collaboration with

9 other cancer research organizations and entities selected by

10 the Institute for purposes of the research studies.

11 ‘‘(g) ANNUAL REPORT.—(1) Not later than November

12 1 each year, the Director of the United States Military Can13 cer Institute shall submit to the President of the University

14 a report on the current status of the research studies being

15 carried out by the Institute under subsection (e).

16 ‘‘(2) Not later than 60 days after receiving a report

17 under paragraph (1), the President of the University shall

18 transmit such report to the Secretary of Defense and to Con19 gress.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of chapter 104 of such title is amended by

22 adding at the end the following new item:

‘‘2117. United States Military Cancer Institute.’’.
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1 SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCEL2 LENCE IN HUMAN RIGHTS.

3 (a) CENTER AUTHORIZED.—The Secretary of Defense

4 may establish and operate a center to be known as the West5 ern Hemisphere Center for Excellence in Human Rights.

6 (b) MISSIONS.—The missions of the Center shall be as

7 follows:

8 (1) To provide and facilitate education, training,

9 research, strategic planning, and reform on the inte10 gration of respect for human rights into all aspects of

11 military operations, doctrine, education, judicial sys12 tems, and other internal control mechanisms, and

13 into the relations of the military with civil society,

14 including the development of programs to combat the

15 growing phenomenon of trafficking in persons.

16 (2) To sponsor conferences, symposia, seminars,

17 academic exchanges, and courses, as well as special

18 projects such as studies, reviews, design of curricula,

19 and evaluations, on the matters covered by paragraph

20 (1).

21 (3) In carrying out its other mission, to place

22 special emphasis on the implementation of reforms

23 that result in measurable improvements in respect for

24 human rights in the provision of effective security.

25 (c) FORMULATION AND EXECUTION OF PROGRAMS.—
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1 (1) CONCURRENCE OF SECRETARY OF STATE.—

2 The Secretary of Defense may carry out this section

3 only with the concurrence of the Secretary of State.

4 (2) FORMULATION AND EXECUTION OF PRO5 GRAMS.—The Secretary of Defense and the Secretary

6 of State shall—

7 (A) jointly formulate any program or other

8 activities undertaken under this section; and

9 (B) shall coordinate with one another,

10 under procedures that they jointly establish, to

11 ensure appropriate implementation of such pro12 grams and activities, including in a manner

13 that—

14 (i) incorporates appropriate vetting

15 procedures, irrespective of the source of

16 funding for the activity; and

17 (ii) avoids duplication with existing

18 programs.

19 (d) JOINT OPERATION WITH EDUCATIONAL INSTITU20 TIONS AND NONGOVERNMENTAL ORGANIZATIONS AUTHOR21 IZED.—The Secretary of Defense may enter into agreements

22 with appropriate officials of institutions of higher edu23 cation and nongovernmental organizations to provide for

24 the joint operation of the Center by the Secretary and such

25 entities. Any such agreement may provide for the institu-
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1 tion or organization concerned to furnish necessary admin2 istrative services for the Center, including administration

3 and allocation of funds.

4 (e) ACCEPTANCE OF GIFTS AND DONATIONS.—

5 (1) ACCEPTANCE AUTHORIZED.—Except as pro6 vided in paragraph (2), the Secretary of Defense may

7 accept, on behalf of the Center, gifts and donations to

8 be used to defray the costs of the Center or to enhance

9 the operation of the Center. Any such gift or donation

10 may be accepted from any State or local government,

11 any foreign government, any foundation or other

12 charitable organization (including any that is orga13 nized or operates under the laws of a foreign coun14 try), or any other private source in the United States

15 or a foreign country.

16 (2) LIMITATION.—The Secretary may not accept

17 a gift or donation under paragraph (1) if acceptance

18 of the gift or donation would compromise or appear

19 to compromise—

20 (A) the ability of the Department of De21 fense, any employee of the Department, or mem22 bers of the Armed Forces to carry out any re23 sponsibility or duty of the Department in a fair

24 and objective manner; or
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1 (B) the integrity of any program of the De2 partment or of any person involved in such a

3 program.

4 (3) CREDITING.—Amounts accepted as a gift or

5 donation under paragraph (1) shall be credited to the

6 appropriation available to the Department of Defense

7 for the Western Hemisphere Center for Excellence in

8 Human Rights. Amounts so credited shall be merged

9 with the appropriation to which credited, and shall be

10 available to the Center for the same purposes, and

11 subject to the same conditions and limitations, as

12 amounts in the appropriation with which merged.

13 (4) ANNUAL REPORT.—Not later than January

14 31 each year, the Secretary shall submit to the con15 gressional defense committees a report on the gifts or

16 donations accepted under paragraph (1) during the

17 preceding year. Each report shall include, for the year

18 covered by such report, a description of each gift of

19 donation so accepted, including—

20 (A) the source of the gift or donation;

21 (B) the amount of the gift or donation; and

22 (C) the use of the gift or donation.
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1 SEC. 935. INCLUSION OF COMMANDERS OF WESTERN HEMI2 SPHERE COMBATANT COMMANDS IN BOARD

3 OF VISITORS OF WESTERN HEMISPHERE IN4 STITUTE FOR SECURITY COOPERATION.

5 Subparagraph (F) of section 2166(e)(1) of title 10,

6 United States Code, is amended to read as follows:

7 ‘‘(F) The commanders of the combatant com8 mands having geographic responsibility for the West9 ern Hemisphere, or the designees of those officers.’’.

10 SEC. 936. COMPTROLLER GENERAL ASSESSMENT OF PRO11 POSED REORGANIZATION OF THE OFFICE OF

12 THE UNDER SECRETARY OF DEFENSE FOR

13 POLICY.

14 (a) ASSESSMENT REQUIRED.—Not later than March

15 1, 2008, the Comptroller General of the United States shall

16 submit to the congressional defense committees a report con17 taining an assessment of the proposed reorganization of the

18 office of the Under Secretary of Defense for Policy, includ19 ing an assessment with respect to the matters set forth in

20 subsection (b).

21 (b) MATTERS TO BE ASSESSED.—The matters to be

22 included in the assessment required by subsection are as

23 follows:

24 (1) Whether the proposed reorganization of the

25 office will further the stated purposes of the proposed

26 reorganization in the short-and long-term, namely
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1 whether the proposed reorganization will enhance the

2 ability of the Department of Defense—

3 (A) to address current security priorities,

4 including the war in Iraq and the global war on

5 terrorism in Afghanistan and elsewhere;

6 (B) to manage geopolitical defense relation7 ships; and

8 (C) to anticipate future strategic shifts.

9 (2) Whether, and to what extent, the proposed re10 organization adheres to generally accepted principles

11 of effective organization such as establishing clear

12 goals, identifying clear lines of authority and ac13 countability, and developing an effective human cap14 ital strategy.

15 (3) The extent to which the Department has de16 veloped detailed implementation plans for the pro17 posed reorganization, and the current status of the

18 implementation of all aspects of the reorganization.

19 (4) The extent to which the Department has

20 worked to mitigate congressional concerns and ad21 dress other challenges that have arisen since the pro22 posed reorganization was announced.

23 (5) Whether the Department plans to evaluate

24 progress in achieving the stated goals of the proposed

25 reorganization and what metrics, if any, the Depart-
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1 ment has established to assess the results of the reor2 ganization.

3 (6) The impact of the large span of responsibil4 ities for the Assistant Secretary of Defense for Special

5 Operations and Low Intensity Conflict under the pro6 posed reorganization on the ability of the Assistant

7 Secretary to carry out the principal duties of the As8 sistant Secretary under law.

9 (7) The impact of the large span of responsibility

10 for the Assistant Secretary of Defense for Special Op11 erations and Low Intensity Conflict under the pro12 posed reorganization, including responsibility under

13 the proposed reorganization for each of the following:

14 (A) Strategic capabilities.

15 (B) Forces transformation.

16 (C) Major budget programs.

17 (8) The relationship between any global war on

18 terrorism task force that reports directly to the Under

19 Secretary of Defense for Policy, the Assistant Sec20 retary of Defense for Special Operations and Low In21 tensity Conflict, and the Principal Deputy Under

22 Secretary of Defense for Policy in managing policy

23 on combating terrorism.

24 (9) The impact of the large span of responsibil25 ities for the proposed Deputy Assistant Secretary of
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1 Defense for Counternarcotics, Counterproliferation,

2 and Global Threats under the proposed reorganiza3 tion.

4 (10) The impact of the proposed reorganization

5 on counternarcotics program execution.

6 (11) The unique placement under the proposed

7 reorganization of both functional and regional issue

8 responsibilities under the single proposed Assistant

9 Secretary of Defense for Homeland Defense and

10 Americas’ Security Affairs.

11 (12) The differentiation between the responsibil12 ities of the proposed Deputy Assistant Secretary of

13 Defense for Building Partnership Capacity Strategy

14 and the proposed Deputy Assistant Secretary of De15 fense for Security Cooperation Options under the pro16 posed reorganization, and the relationship between

17 such officials.

18 SEC. 937. PHYSICIANS AND HEALTH CARE PROFESSIONALS

19 COMPARABILITY ALLOWANCES.

20 (a) AUTHORITY TO PROVIDE ALLOWANCES.—

21 (1) AUTHORITY.—In order to recruit and retain

22 highly qualified Department of Defense physicians

23 and Department of Defense health care professionals,

24 the Secretary of Defense may, subject to the provisions

25 of this section, enter into a service agreement with a
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1 current or new Department of Defense physician or a

2 Department of Defense health care professional which

3 provides for such physician or health care profes4 sional to complete a specified period of service in the

5 Department of Defense in return for an allowance for

6 the duration of such agreement in an amount to be

7 determined by the Secretary and specified in the

8 agreement, but not to exceed—

9 (A) in the case of a Department of Defense

10 physician—

11 (i) $25,000 per annum if, at the time

12 the agreement is entered into, the Depart13 ment of Defense physician has served as a

14 Department of Defense physician for 24

15 months or less; or

16 (ii) $40,000 per annum if the Depart17 ment of Defense physician has served as a

18 Department of Defense physician for more

19 than 24 months; and

20 (B) in the case of a Department of Defense

21 health care professional—

22 (i) an amount up to $5,000 per

23 annum if, at the time the agreement is en24 tered into, the Department of Defense health

25 care professional has served as a Depart-
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1 ment of Defense health care professional for

2 less than 10 years;

3 (ii) an amount up to $10,000 per

4 annum if, at the time the agreement is en5 tered into, the Department of Defense health

6 care professional has served as a Depart7 ment of Defense health care professional for

8 at least 10 years but less than 18 years; or

9 (iii) an amount up to $15,000 per

10 annum if, at the time the agreement is en11 tered into, the Department of Defense health

12 care professional has served as a Depart13 ment of Defense health care professional for

14 18 years or more.

15 (2) TREATMENT OF CERTAIN SERVICE.—(A) For

16 the purpose of determining length of service as a De17 partment of Defense physician, service as a physician

18 under section 4104 or 4114 of title 38, United States

19 Code, or active service as a medical officer in the

20 commissioned corps of the Public Health Service

21 under title II of the Public Health Service Act (42

22 U.S.C. 202 et seq.) shall be deemed service as a De23 partment of Defense physician.

24 (B) For the purpose of determining length of

25 service as a Department of Defense health care profes-
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1 sional, service as a nonphysician health care pro2 vider, psychologist, or social worker while serving as

3 an officer described under section 302c(d)(1) of title

4 37, United States Code, shall be deemed service as a

5 Department of Defense health care professional.

6 (b) CERTAIN PHYSICIANS AND PROFESSIONALS INELI7 GIBLE.—An allowance may not be paid under this section

8 to any physician or health care professional who—

9 (1) is employed on less than a half-time or inter10 mittent basis;

11 (2) occupies an internship or residency training

12 position; or

13 (3) is fulfilling a scholarship obligation.

14 (c) COVERED CATEGORIES OF POSITIONS.—The Sec15 retary of Defense shall determine categories of positions ap16 plicable to physicians and health care professionals within

17 the Department of Defense with respect to which there is

18 a significant recruitment and retention problem for pur19 poses of this section. Only physicians and health care pro20 fessionals serving in such positions shall be eligible for an

21 allowance under this section. The amounts of each such al22 lowance shall be determined by the Secretary, and shall be

23 the minimum amount necessary to deal with the recruit24 ment and retention problem for each such category of physi25 cians and health care professionals.
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1 (d) PERIOD OF SERVICE.—Any agreement entered into

2 by a physician or health care professional under this section

3 shall be for a period of service in the Department of Defense

4 specified in such agreement, which period may not be less

5 than one year of service or exceed four years of service.

6 (e) REPAYMENT.—Unless otherwise provided for in the

7 agreement under subsection (f), an agreement under this

8 section shall provide that the physician or health care pro9 fessional, in the event that such physician or health care

10 professional voluntarily, or because of misconduct, fails to

11 complete at least one year of service under such agreement,

12 shall be required to refund the total amount received under

13 this section unless the Secretary of Defense determines that

14 such failure is necessitated by circumstances beyond the

15 control of the physician or health care professional.

16 (f) TERMINATION OF AGREEMENT.—Any agreement

17 under this section shall specify the terms under which the

18 Secretary of Defense and the physician or health care pro19 fessional may elect to terminate such agreement, and the

20 amounts, if any, required to be refunded by the physician

21 or health care professional for each reason for termination.

22 (g) CONSTRUCTION WITH OTHER AUTHORITIES.—

23 (1) ALLOWANCE NOT TREATABLE AS BASIC

24 PAY.—An allowance paid under this section shall not

25 be considered as basic pay for the purposes of sub-
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1 chapter VI and section 5595 of chapter 55 of title 5,

2 United States Code, chapter 81 or 87 of such title, or

3 other benefits related to basic pay.

4 (2) PAYMENT.—Any allowance under this section

5 for a Department of Defense physician or Department

6 of Defense health care professional shall be paid in the

7 same manner and at the same time as the basic pay

8 of the physician or health care professional is paid.

9 (3) CONSTRUCTION WITH CERTAIN AUTHORITY.—

10 The authority to pay allowances under this section

11 may not be exercised together with the authority in

12 section 5948 of title 5, United States Code.

13 (h) ANNUAL REPORT.—

14 (1) ANNUAL REPORT.—Not later than June 30

15 each year, the Secretary of Defense shall submit to the

16 appropriate committees of Congress a written report

17 on the operation of this section during the preceding

18 year. Each report shall include—

19 (A) with respect to the year covered by such

20 report, information as to—

21 (i) the nature and extent of the recruit22 ment or retention problems justifying the

23 use by the Department of Defense of the au24 thority under this section;
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1 (ii) the number of physicians and

2 health care professionals with whom agree3 ments were entered into by the Department

4 of Defense;

5 (iii) the size of the allowances and the

6 duration of the agreements entered into; and

7 (iv) the degree to which the recruitment

8 or retention problems referred to in clause

9 (i) were alleviated under this section; and

10 (B) such recommendations as the Secretary

11 considers appropriate for actions (including leg12 islative actions) to improve or enhance the au13 thorities in this section to achieve the purpose

14 specified in subsection (a)(1).

15 (2) APPROPRIATE COMMITTEES OF CONGRESS

16 DEFINED.—In this subsection, the term ‘‘appropriate

17 committees of Congress’’ means—

18 (A) the Committees on Armed Services and

19 Homeland Security and Governmental Affairs of

20 the Senate; and

21 (B) the Committees on Armed Services and

22 Homeland Security of the House of Representa23 tives.

24 (i) DEFINITIONS.—In this section:
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1 (1) The term ‘‘Department of Defense health care

2 professional’’ means any individual employed by the

3 Department of Defense who is a qualified health care

4 professional employed as a health care professional

5 and paid under any provision of law specified in sub6 paragraphs (A) through (G) of paragraph (2).

7 (2) The term ‘‘Department of Defense physician’’

8 means any individual employed by the Department of

9 Defense as a physician or dentist who is paid under

10 a provision or provisions of law as follows:

11 (A) Section 5332 of title 5, United States

12 Code, relating to the General Schedule.

13 (B) Subchapter VIII of chapter 53 of title

14 5, United States Code, relating to the Senior Ex15 ecutive Service.

16 (C) Section 5371 of title 5, United States

17 Code, relating to certain health care positions.

18 (D) Section 5376 of title 5, United States

19 Code, relating to certain senior-level positions.

20 (E) Section 5377 of title 5, United States

21 Code, relating to critical positions.

22 (F) Subchapter IX of chapter 53 of title 5,

23 United States Code, relating to special occupa24 tional pay systems.
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1 (G) Section 9902 of title 5, United States

2 Code, relating to the National Security Personnel

3 System.

4 (3) The term ‘‘qualified health care professional’’

5 means any individual who is—

6 (A) a psychologist who meets the Office of

7 Personnel Management Qualification Standards

8 for the Occupational Series of Psychologist as re9 quired by the position to be filled;

10 (B) a nurse who meets the applicable Office

11 of Personnel Management Qualification Stand12 ards for the Occupational Series of Nurse as re13 quired by the position to be filled;

14 (C) a nurse anesthetist who meets the appli15 cable Office of Personnel Management Qualifica16 tion Standards for the Occupational Series of

17 Nurse as required by the position to be filled;

18 (D) a physician assistant who meets the ap19 plicable Office of Personnel Management Quali20 fication Standards for the Occupational Series of

21 Physician Assistant as required by the position

22 to be filled;

23 (E) a social worker who meets the applica24 ble Office of Personnel Management Qualifica25 tion Standards for the Occupational Series of
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1 Social Worker as required by the position to be

2 filled; or

3 (F) any other health care professional des4 ignated by the Secretary of Defense for purposes

5 of this section.

6 (j) TERMINATION.—No agreement may be entered into

7 under this section after September 30, 2012.

8 TITLE X—GENERAL PROVISIONS

9 Subtitle A—Financial Matters

10 SEC. 1001. GENERAL TRANSFER AUTHORITY.

11 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

12 (1) AUTHORITY.—Upon determination by the

13 Secretary of Defense that such action is necessary in

14 the national interest, the Secretary may transfer

15 amounts of authorizations made available to the De16 partment of Defense in this division for fiscal year

17 2008 between any such authorizations for that fiscal

18 year (or any subdivisions thereof). Amounts of au19 thorizations so transferred shall be merged with and

20 be available for the same purposes as the authoriza21 tion to which transferred.

22 (2) LIMITATION.—Except as provided in para23 graph (3), the total amount of authorizations that the

24 Secretary may transfer under the authority of this

25 section may not exceed $5,000,000,000.
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1 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI2 TARY PERSONNEL AUTHORIZATIONS.—A transfer of

3 funds between military personnel authorizations

4 under title IV shall not be counted toward the dollar

5 limitation in paragraph (2).

6 (b) LIMITATIONS.—The authority provided by this sec7 tion to transfer authorizations—

8 (1) may only be used to provide authority for

9 items that have a higher priority than the items from

10 which authority is transferred; and

11 (2) may not be used to provide authority for an

12 item that has been denied authorization by Congress.

13 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans14 fer made from one account to another under the authority

15 of this section shall be deemed to increase the amount au16 thorized for the account to which the amount is transferred

17 by an amount equal to the amount transferred.

18 (d) NOTICE TO CONGRESS.—The Secretary shall

19 promptly notify Congress of each transfer made under sub20 section (a).

21 SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY

22 SUPPLEMENTAL APPROPRIATIONS FOR FIS23 CAL YEAR 2007.

24 Amounts authorized to be appropriated to the Depart25 ment of Defense for fiscal year 2007 in the John Warner
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1 National Defense Authorization Act for Fiscal Year 2007

2 (Public Law 109–364) are hereby adjusted, with respect to

3 any such authorized amount, by the amount by which ap4 propriations pursuant to such authorization are increased

5 by a supplemental appropriation or by a transfer of funds,

6 or decreased by a rescission, or any thereof, pursuant to

7 the U.S. Troop Readiness, Veterans’ Care, Katrina Recov8 ery, and Iraq Accountability Appropriations Act, 2007

9 (Public Law 110–28).

10 SEC. 1003. MODIFICATION OF FISCAL YEAR 2007 GENERAL

11 TRANSFER AUTHORITY.

12 Section 1001(a) of the John Warner National Defense

13 Authorization Act for Fiscal Year 2007 (Public Law 109–

14 364; 120 Stat. 2371) is amended by adding at the end the

15 following new paragraph:

16 ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.—The

17 following transfers of funds shall be not be counted to18 ward the limitation in paragraph (2) on the amount

19 that may be transferred under this section:

20 ‘‘(A) The transfer of funds to the Iraq Secu21 rity Forces Fund under reprogramming FY07–

22 07–R PA.

23 ‘‘(B) The transfer of funds to the Joint Im24 provised Explosive Device Defeat Fund under re25 programming FY07–11 PA.
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1 ‘‘(C) The transfer of funds back from the ac2 counts referred to in subparagraphs (A) and (B)

3 to restore the sources used in the

4 reprogrammings referred to in such subpara5 graphs.’’.

6 SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COM7 MON-FUNDED BUDGETS IN FISCAL YEAR 2008.

8 (a) FISCAL YEAR 2008 LIMITATION.—The total

9 amount contributed by the Secretary of Defense in fiscal

10 year 2008 for the common-funded budgets of NATO may

11 be any amount up to, but not in excess of, the amount speci12 fied in subsection (b) (rather than the maximum amount

13 that would otherwise be applicable to those contributions

14 under the fiscal year 1998 baseline limitation).

15 (b) TOTAL AMOUNT.—The amount of the limitation

16 applicable under subsection (a) is the sum of the following:

17 (1) The amounts of unexpended balances, as of

18 the end of fiscal year 2007, of funds appropriated for

19 fiscal years before fiscal year 2008 for payments for

20 those budgets.

21 (2) The amount specified in subsection (c)(1).

22 (3) The amount specified in subsection (c)(2).

23 (4) The total amount of the contributions author24 ized to be made under section 2501.
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1 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

2 be appropriated by titles II and III of this Act are available

3 for contributions for the common-funded budgets of NATO

4 as follows:

5 (1) Of the amount provided in section 201(1),

6 $1,031,000 for the Civil Budget.

7 (2) Of the amount provided in section 301(1),

8 $362,159,000 for the Military Budget.

9 (d) DEFINITIONS.—For purposes of this section:

10 (1) COMMON-FUNDED BUDGETS OF NATO.—The

11 term ‘‘common-funded budgets of NATO’’ means the

12 Military Budget, the Security Investment Program,

13 and the Civil Budget of the North Atlantic Treaty Or14 ganization (and any successor or additional account

15 or program of NATO).

16 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

17 The term ‘‘fiscal year 1998 baseline limitation’’

18 means the maximum annual amount of Department

19 of Defense contributions for common-funded budgets of

20 NATO that is set forth as the annual limitation in

21 section 3(2)(C)(ii) of the resolution of the Senate giv22 ing the advice and consent of the Senate to the ratifi23 cation of the Protocols to the North Atlantic Treaty

24 of 1949 on the Accession of Poland, Hungary, and the
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1 Czech Republic (as defined in section 4(7) of that res2 olution), approved by the Senate on April 30, 1998.

3 SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION

4 INITIATIVE FOR THE DEFENSE AGENCIES.

5 (a) FINANCIAL MANAGEMENT TRANSFORMATION INI6 TIATIVE.—

7 (1) IN GENERAL.—The Director of the Business

8 Transformation Agency of the Department of Defense

9 shall carry out an initiative for financial manage10 ment transformation in the Defense Agencies. The ini11 tiative shall be known as the ‘‘Defense Agencies Ini12 tiative’’ (in this section referred to as the ‘‘Initia13 tive’’).

14 (2) SCOPE OF AUTHORITY.—In carrying out the

15 Initiative, the Director of the Business Trans16 formation Agency may require the heads of the De17 fense Agencies to carry out actions that are within the

18 purpose and scope of the Initiative.

19 (b) PURPOSES.—The purposes of Initiative shall be as

20 follows:

21 (1) To eliminate or replace financial manage22 ment systems of the Defense Agencies that are dupli23 cative, redundant, or fail to comply with the stand24 ards set forth in subsection (d).
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1 (2) To transform the budget, finance, and ac2 counting operations of the Defense Agencies to enable

3 the Defense Agencies to achieve accurate and reliable

4 financial information needed to support financial ac5 countability and effective and efficient management

6 decisions.

7 (c) REQUIRED ELEMENTS.—The Initiative shall in8 clude, to the maximum extent practicable—

9 (1) the utilization of commercial, off-the-shelf

10 technologies and web-based solutions;

11 (2) a standardized technical environment and an

12 open and accessible architecture; and

13 (3) the implementation of common business proc14 esses, shared services, and common data structures.

15 (d) STANDARDS.—In carrying out the Initiative, the

16 Director of the Business Transformation Agency shall en17 sure that the Initiative is consistent with—

18 (1) the requirements of the Business Enterprise

19 Architecture and Transition Plan developed pursuant

20 to section 2222 of title 10, United States Code;

21 (2) the Standard Financial Information Struc22 ture of the Department of Defense;

23 (3) the Federal Financial Management Improve24 ment Act of 1996 (and the amendments made by that

25 Act); and
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1 (4) other applicable requirements of law and reg2 ulation.

3 (e) SCOPE.—The Initiative shall be designed to pro4 vide, at a minimum, capabilities in the major process areas

5 for both general fund and working capital fund operations

6 of the Defense Agencies as follows:

7 (1) Budget formulation.

8 (2) Budget to report, including general ledger

9 and trial balance.

10 (3) Procure to pay, including commitments, obli11 gations, and accounts payable.

12 (4) Order to fulfill, including billing and ac13 counts receivable.

14 (5) Cost accounting.

15 (6) Acquire to retire (account management).

16 (7) Time and attendance and employee entitle17 ment.

18 (8) Grants financial management.

19 (f) PROGRAM CONTROL.—In carrying out the Initia20 tive, the Director of the Business Transformation Agency

21 shall establish—

22 (1) a board (to be known as the ‘‘Configuration

23 Control Board’’) to manage scope and cost changes to

24 the Initiative; and
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1 (2) a program management office (to be known

2 as the ‘‘Program Management Office’’) to control and

3 enforce assumptions made in the acquisition plan, the

4 cost estimate, and the system integration contract for

5 the Initiative, as directed by the Configuration Con6 trol Board.

7 (g) PLAN ON DEVELOPMENT AND IMPLEMENTATION OF

8 INITIATIVE.—Not later than six months after the date of

9 the enactment of this Act, the Director of the Business

10 Transformation Agency shall submit to the congressional

11 defense committees a plan for the development and imple12 mentation of the Initiative. The plan shall provide for the

13 implementation of an initial capability under the Initiative

14 as follows:

15 (1) In at least one Defense Agency by not later

16 than eight months after the date of the enactment of

17 this Act.

18 (2) In not less than six Defense Agencies by not

19 later than 18 months after the date of the enactment

20 of this Act.
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1 SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG2 ET CYCLE FOR THE DEPARTMENT OF DE3 FENSE.

4 Section 1405 of the Department of Defense Authoriza5 tion Act, 1986 (Public Law 99–145; 99 Stat. 744; 31 U.S.C.

6 1105 note) is repealed.

7 SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF

8 FUNDS TO FOREIGN CURRENCY FLUCTUA9 TIONS, DEFENSE ACCOUNT.

10 Section 2779 of title 10, United States Code, is

11 amended—

12 (1) in subsection (a)(2), by striking ‘‘second fis13 cal year’’ and inserting ‘‘fourth fiscal year’’; and

14 (2) in subsection (d)(2), by striking ‘‘second fis15 cal year’’ and inserting ‘‘fourth fiscal year’’.

16 SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF

17 DEFENSE FOR HEALTH CARE FOR ANY FISCAL

18 YEAR IN WHICH THE ARMED FORCES ARE EN19 GAGED IN A MAJOR MILITARY CONFLICT.

20 If the Armed Forces are involved in a major military

21 conflict when the President submits to Congress the budget

22 for a fiscal year under section 1105 of title 31, United

23 States Code, and the aggregate amount included in that

24 budget for the Department of Defense for health care for

25 such fiscal year is less than the aggregate amount provided

26 by Congress for the Department for health care for such pre-
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1 ceding fiscal year, and, in the case of the Department, the

2 total allocation from the Defense Health Program to any

3 military department is less than the total such allocation

4 in the preceding fiscal year, the President shall submit to

5 Congress a report on—

6 (1) the reasons for the determination that inclu7 sion of a lesser aggregate amount or allocation to any

8 military department is in the national interest; and

9 (2) the anticipated effects of the inclusion of such

10 lesser aggregate amount or allocation to any military

11 department on the access to and delivery of medical

12 and support services to members of the Armed Forces

13 and their family members.

14 Subtitle B—Counter-Drug Activities

15 SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AU16 THORITY TO PROVIDE SUPPORT FOR

17 COUNTER-DRUG ACTIVITIES TO CERTAIN AD18 DITIONAL FOREIGN GOVERNMENTS.

19 Section 1033(b) of the National Defense Authorization

20 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

21 1881), as amended by section 1021(b) of the National De22 fense Authorization Act for Fiscal Year 2004 (Public Law

23 108–136; 117 Stat. 1593) and section 1022(b) of the John

24 Warner National Defense Authorization Act for Fiscal Year

25 2007 (Public Law 109–364; 120 Stat. 2382), is further
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1 amended by adding at the end the following new para2 graphs:

3 ‘‘(17) The Government of the Dominican Repub4 lic.

5 ‘‘(18) The Government of Mexico.’’.

6 SEC. 1012. REPORT ON COUNTERNARCOTICS ASSISTANCE

7 FOR THE GOVERNMENT OF HAITI.

8 (a) REPORT REQUIRED.—Not later than 120 days

9 after the date of the enactment of this Act, the President

10 shall submit to Congress a report on counternarcotics assist11 ance for the Government of Haiti.

12 (b) MATTERS TO BE INCLUDED.—The report required

13 by subsection (a) shall include the following:

14 (1) A description and assessment of the counter15 narcotics assistance provided to the Government of

16 Haiti by each of the Department of Defense, the De17 partment of State, the Department of Homeland Se18 curity, and the Department of Justice.

19 (2) A description and assessment of any impedi20 ments to increasing counternarcotics assistance to the

21 Government of Haiti, including corruption and lack

22 of entities available to partner with in Haiti.

23 (3) An assessment of the feasability and advis24 ability of providing additional counternarcotics as25 sistance to the Government of Haiti, including an ex-
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1 tension and expansion to the Government of Haiti of

2 Department of Defense authority to provide support

3 for counter-drug activities of certain foreign govern4 ments.

5 (4) An assessment of the potential for counter6 narcotics assistance for the Government of Haiti

7 through the United Nations Stabilization Mission in

8 Haiti.

9 (c) FORM.—The report required by subsection (a) shall

10 be submitted in unclassified form, but may include a classi11 fied annex.

12 Subtitle C—Miscellaneous

13 Authorities and Limitations

14 SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY RE15 WARDS FOR ASSISTANCE IN COMBATING TER16 RORISM.

17 (a) INCREASE IN AMOUNT OF REWARD.—Subsection

18 (b) of section 127b of title 10, United States Code, is amend19 ed by inserting ‘‘, or $5,000,000 during fiscal year 2008’’

20 after ‘‘$200,000’’.

21 (b) DELEGATION OF AUTHORITY TO COMMANDERS OF

22 COMBATANT COMMANDS.—Subsection (c)(1)(B) of such title

23 is amended by inserting ‘‘, or $1,000,000 during fiscal year

24 2008’’ after ‘‘$50,000’’.
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1 (c) CONSULTATION WITH SECRETARY OF STATE IN

2 AWARD.—Subsection (d)(2) of such section is amended by

3 inserting ‘‘, or $2,000,000 during fiscal year 2008’’ after

4 ‘‘$100,000’’.

5 SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RE6 LATING TO THE USE OF THE ARMED FORCES

7 IN MAJOR PUBLIC EMERGENCIES.

8 (a) REPEAL.—

9 (1) IN GENERAL.—Section 333 of title 10,

10 United States Code, as amended by section 1076 of

11 the John Warner National Defense Authorization Act

12 for Fiscal Year 2007 (Public Law 109–364; 120 Stat.

13 2404), is amended to read as such section read on Oc14 tober 16, 2006, which is the day before the date of the

15 enactment of the John Warner National Defense Au16 thorization Act for Fiscal Year 2007.

17 (2) CONFORMING CLERICAL AMENDMENTS.—(A)

18 The heading of such section 333, as so amended, is

19 amended to read as such heading read on October 16,

20 2006.

21 (B) The item relating to such section 333 in the

22 table of sections at the beginning of chapter 15 of such

23 title, as so amended, is amended to read as such item

24 read on October 16, 2006.
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1 (C) The heading of chapter 15 of such title, as

2 so amended, is amended to read as such heading read

3 on October 16, 2006.

4 (D) The item relating to chapter 15 of such title

5 in the tables of chapters at the beginning of subtitle

6 A of such title, and at the beginning of part I of such

7 subtitle, as so amended, is amended to read as such

8 item read on October 16, 2006.

9 (b) OTHER CONFORMING AMENDMENTS.—

10 (1) CONFORMING REPEAL.—(A) Section 2567 of

11 title 10, United States Code, is repealed.

12 (B) The table of sections at the beginning of

13 chapter 152 of such title is amended by striking the

14 item relating to section 2567.

15 (2) ADDITIONAL AMENDMENT.—Section

16 12304(c)(1) of such title, as amended by section 1076

17 of the John Warner National Defense Authorization

18 Act for Fiscal Year 2007, is amended to read as such

19 section read on October 16, 2006.

20 SEC. 1023. HATE CRIMES.

21 (a) SHORT TITLE.—This section may be cited as the

22 ‘‘Matthew Shepard Local Law Enforcement Hate Crimes

23 Prevention Act of 2007’’.

24 (b) FINDINGS.—Congress makes the following findings:
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1 (1) The incidence of violence motivated by the

2 actual or perceived race, color, religion, national ori3 gin, gender, sexual orientation, gender identity, or

4 disability of the victim poses a serious national prob5 lem.

6 (2) Such violence disrupts the tranquility and

7 safety of communities and is deeply divisive.

8 (3) State and local authorities are now and will

9 continue to be responsible for prosecuting the over10 whelming majority of violent crimes in the United

11 States, including violent crimes motivated by bias.

12 These authorities can carry out their responsibilities

13 more effectively with greater Federal assistance.

14 (4) Existing Federal law is inadequate to ad15 dress this problem.

16 (5) A prominent characteristic of a violent crime

17 motivated by bias is that it devastates not just the ac18 tual victim and the family and friends of the victim,

19 but frequently savages the community sharing the

20 traits that caused the victim to be selected.

21 (6) Such violence substantially affects interstate

22 commerce in many ways, including the following:

23 (A) The movement of members of targeted

24 groups is impeded, and members of such groups
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1 are forced to move across State lines to escape

2 the incidence or risk of such violence.

3 (B) Members of targeted groups are pre4 vented from purchasing goods and services, ob5 taining or sustaining employment, or partici6 pating in other commercial activity.

7 (C) Perpetrators cross State lines to commit

8 such violence.

9 (D) Channels, facilities, and instrumental10 ities of interstate commerce are used to facilitate

11 the commission of such violence.

12 (E) Such violence is committed using arti13 cles that have traveled in interstate commerce.

14 (7) For generations, the institutions of slavery

15 and involuntary servitude were defined by the race,

16 color, and ancestry of those held in bondage. Slavery

17 and involuntary servitude were enforced, both prior to

18 and after the adoption of the 13th amendment to the

19 Constitution of the United States, through widespread

20 public and private violence directed at persons be21 cause of their race, color, or ancestry, or perceived

22 race, color, or ancestry. Accordingly, eliminating ra23 cially motivated violence is an important means of

24 eliminating, to the extent possible, the badges, inci25 dents, and relics of slavery and involuntary servitude.
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1 (8) Both at the time when the 13th, 14th, and

2 15th amendments to the Constitution of the United

3 States were adopted, and continuing to date, members

4 of certain religious and national origin groups were

5 and are perceived to be distinct ‘‘races’’. Thus, in

6 order to eliminate, to the extent possible, the badges,

7 incidents, and relics of slavery, it is necessary to pro8 hibit assaults on the basis of real or perceived reli9 gions or national origins, at least to the extent such

10 religions or national origins were regarded as races

11 at the time of the adoption of the 13th, 14th, and 15th

12 amendments to the Constitution of the United States.

13 (9) Federal jurisdiction over certain violent

14 crimes motivated by bias enables Federal, State, and

15 local authorities to work together as partners in the

16 investigation and prosecution of such crimes.

17 (10) The problem of crimes motivated by bias is

18 sufficiently serious, widespread, and interstate in na19 ture as to warrant Federal assistance to States, local

20 jurisdictions, and Indian tribes.

21 (c) DEFINITION OF HATE CRIME.—In this section—

22 (1) the term ‘‘crime of violence’’ has the meaning

23 given that term in section 16, title 18, United States

24 Code;
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1 (2) the term ‘‘hate crime’’ has the meaning given

2 such term in section 280003(a) of the Violent Crime

3 Control and Law Enforcement Act of 1994 (28 U.S.C.

4 994 note); and

5 (3) the term ‘‘local’’ means a county, city, town,

6 township, parish, village, or other general purpose po7 litical subdivision of a State.

8 (d) SUPPORT FOR CRIMINAL INVESTIGATIONS AND

9 PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW EN10 FORCEMENT OFFICIALS.—

11 (1) ASSISTANCE OTHER THAN FINANCIAL ASSIST12 ANCE.—

13 (A) IN GENERAL.—At the request of State,

14 local, or Tribal law enforcement agency, the At15 torney General may provide technical, forensic,

16 prosecutorial, or any other form of assistance in

17 the criminal investigation or prosecution of any

18 crime that—

19 (i) constitutes a crime of violence;

20 (ii) constitutes a felony under the

21 State, local, or Tribal laws; and

22 (iii) is motivated by prejudice based on

23 the actual or perceived race, color, religion,

24 national origin, gender, sexual orientation,

25 gender identity, or disability of the victim,
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1 or is a violation of the State, local, or Trib2 al hate crime laws.

3 (B) PRIORITY.—In providing assistance

4 under subparagraph (A), the Attorney General

5 shall give priority to crimes committed by of6 fenders who have committed crimes in more than

7 one State and to rural jurisdictions that have

8 difficulty covering the extraordinary expenses re9 lating to the investigation or prosecution of the

10 crime.

11 (2) GRANTS.—

12 (A) IN GENERAL.—The Attorney General

13 may award grants to State, local, and Indian

14 law enforcement agencies for extraordinary ex15 penses associated with the investigation and

16 prosecution of hate crimes.

17 (B) OFFICE OF JUSTICE PROGRAMS.—In

18 implementing the grant program under this

19 paragraph, the Office of Justice Programs shall

20 work closely with grantees to ensure that the con21 cerns and needs of all affected parties, including

22 community groups and schools, colleges, and uni23 versities, are addressed through the local infra24 structure developed under the grants.

25 (C) APPLICATION.—
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1 (i) IN GENERAL.—Each State, local,

2 and Indian law enforcement agency that de3 sires a grant under this paragraph shall

4 submit an application to the Attorney Gen5 eral at such time, in such manner, and ac6 companied by or containing such informa7 tion as the Attorney General shall reason8 ably require.

9 (ii) DATE FOR SUBMISSION.—Applica10 tions submitted pursuant to clause (i) shall

11 be submitted during the 60-day period be12 ginning on a date that the Attorney General

13 shall prescribe.

14 (iii) REQUIREMENTS.—A State, local,

15 and Indian law enforcement agency apply16 ing for a grant under this paragraph

17 shall—

18 (I) describe the extraordinary

19 purposes for which the grant is needed;

20 (II) certify that the State, local

21 government, or Indian tribe lacks the

22 resources necessary to investigate or

23 prosecute the hate crime;

24 (III) demonstrate that, in devel25 oping a plan to implement the grant,
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1 the State, local, and Indian law en2 forcement agency has consulted and co3 ordinated with nonprofit, nongovern4 mental victim services programs that

5 have experience in providing services

6 to victims of hate crimes; and

7 (IV) certify that any Federal

8 funds received under this paragraph

9 will be used to supplement, not sup10 plant, non-Federal funds that would

11 otherwise be available for activities

12 funded under this paragraph.

13 (D) DEADLINE.—An application for a

14 grant under this paragraph shall be approved or

15 denied by the Attorney General not later than 30

16 business days after the date on which the Attor17 ney General receives the application.

18 (E) GRANT AMOUNT.—A grant under this

19 paragraph shall not exceed $100,000 for any sin20 gle jurisdiction in any 1-year period.

21 (F) REPORT.—Not later than December 31,

22 2008, the Attorney General shall submit to Con23 gress a report describing the applications sub24 mitted for grants under this paragraph, the
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1 award of such grants, and the purposes for which

2 the grant amounts were expended.

3 (G) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated

5 to carry out this paragraph $5,000,000 for each

6 of fiscal years 2008 and 2009.

7 (e) GRANT PROGRAM.—

8 (1) AUTHORITY TO AWARD GRANTS.—The Office

9 of Justice Programs of the Department of Justice may

10 award grants, in accordance with such regulations as

11 the Attorney General may prescribe, to State, local, or

12 Tribal programs designed to combat hate crimes com13 mitted by juveniles, including programs to train local

14 law enforcement officers in identifying, investigating,

15 prosecuting, and preventing hate crimes.

16 (2) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated such sums as

18 may be necessary to carry out this subsection.

19 (f) AUTHORIZATION FOR ADDITIONAL PERSONNEL TO

20 ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.—

21 There are authorized to be appropriated to the Department

22 of the Treasury and the Department of Justice, including

23 the Community Relations Service, for fiscal years 2008,

24 2009, and 2010 such sums as are necessary to increase the

25 number of personnel to prevent and respond to alleged vio-
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1 lations of section 249 of title 18, United States Code, as

2 added by this section.

3 (g) PROHIBITION OF CERTAIN HATE CRIME ACTS.—

4 (1) IN GENERAL.—Chapter 13 of title 18, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘§ 249. Hate crime acts

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER10 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI11 GIN.—Whoever, whether or not acting under color of

12 law, willfully causes bodily injury to any person or,

13 through the use of fire, a firearm, or an explosive or

14 incendiary device, attempts to cause bodily injury to

15 any person, because of the actual or perceived race,

16 color, religion, or national origin of any person—

17 ‘‘(A) shall be imprisoned not more than 10

18 years, fined in accordance with this title, or

19 both; and

20 ‘‘(B) shall be imprisoned for any term of

21 years or for life, fined in accordance with this

22 title, or both, if—

23 ‘‘(i) death results from the offense; or

24 ‘‘(ii) the offense includes kidnaping or

25 an attempt to kidnap, aggravated sexual
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1 abuse or an attempt to commit aggravated

2 sexual abuse, or an attempt to kill.

3 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER4 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX5 UAL ORIENTATION, GENDER IDENTITY, OR DIS6 ABILITY.—

7 ‘‘(A) IN GENERAL.—Whoever, whether or

8 not acting under color of law, in any cir9 cumstance described in subparagraph (B), will10 fully causes bodily injury to any person or,

11 through the use of fire, a firearm, or an explosive

12 or incendiary device, attempts to cause bodily

13 injury to any person, because of the actual or

14 perceived religion, national origin, gender, sex15 ual orientation, gender identity or disability of

16 any person—

17 ‘‘(i) shall be imprisoned not more than

18 10 years, fined in accordance with this title,

19 or both; and

20 ‘‘(ii) shall be imprisoned for any term

21 of years or for life, fined in accordance with

22 this title, or both, if—

23 ‘‘(I) death results from the offense;

24 or
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1 ‘‘(II) the offense includes kid2 naping or an attempt to kidnap, ag3 gravated sexual abuse or an attempt to

4 commit aggravated sexual abuse, or an

5 attempt to kill.

6 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For

7 purposes of subparagraph (A), the circumstances

8 described in this subparagraph are that—

9 ‘‘(i) the conduct described in subpara10 graph (A) occurs during the course of, or as

11 the result of, the travel of the defendant or

12 the victim—

13 ‘‘(I) across a State line or na14 tional border; or

15 ‘‘(II) using a channel, facility, or

16 instrumentality of interstate or foreign

17 commerce;

18 ‘‘(ii) the defendant uses a channel, fa19 cility, or instrumentality of interstate or

20 foreign commerce in connection with the

21 conduct described in subparagraph (A);

22 ‘‘(iii) in connection with the conduct

23 described in subparagraph (A), the defend24 ant employs a firearm, explosive or incen-
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1 diary device, or other weapon that has trav2 eled in interstate or foreign commerce; or

3 ‘‘(iv) the conduct described in subpara4 graph (A)—

5 ‘‘(I) interferes with commercial or

6 other economic activity in which the

7 victim is engaged at the time of the

8 conduct; or

9 ‘‘(II) otherwise affects interstate

10 or foreign commerce.

11 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution

12 of any offense described in this subsection may be under13 taken by the United States, except under the certification

14 in writing of the Attorney General, the Deputy Attorney

15 General, the Associate Attorney General, or any Assistant

16 Attorney General specially designated by the Attorney Gen17 eral that—

18 ‘‘(1) such certifying individual has reasonable

19 cause to believe that the actual or perceived race,

20 color, religion, national origin, gender, sexual ori21 entation, gender identity, or disability of any person

22 was a motivating factor underlying the alleged con23 duct of the defendant; and
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1 ‘‘(2) such certifying individual has consulted

2 with State or local law enforcement officials regard3 ing the prosecution and determined that—

4 ‘‘(A) the State does not have jurisdiction or

5 does not intend to exercise jurisdiction;

6 ‘‘(B) the State has requested that the Fed7 eral Government assume jurisdiction;

8 ‘‘(C) the State does not object to the Federal

9 Government assuming jurisdiction; or

10 ‘‘(D) the verdict or sentence obtained pursu11 ant to State charges left demonstratively

12 unvindicated the Federal interest in eradicating

13 bias-motivated violence.

14 ‘‘(c) DEFINITIONS.—In this section—

15 ‘‘(1) the term ‘explosive or incendiary device’ has

16 the meaning given such term in section 232 of this

17 title;

18 ‘‘(2) the term ‘firearm’ has the meaning given

19 such term in section 921(a) of this title; and

20 ‘‘(3) the term ‘gender identity’ for the purposes

21 of this chapter means actual or perceived gender-re22 lated characteristics.

23 ‘‘(d) RULE OF EVIDENCE.—In a prosecution for an of24 fense under this section, evidence of expression or associa25 tions of the defendant may not be introduced as substantive
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1 evidence at trial, unless the evidence specifically relates to

2 that offense. However, nothing in this section affects the

3 rules of evidence governing impeachment of a witness.’’.

4 (2) TECHNICAL AND CONFORMING AMEND5 MENT.—The analysis for chapter 13 of title 18,

6 United States Code, is amended by adding at the end

7 the following:

‘‘249. Hate crime acts.’’.

8 (h) STATISTICS.—

9 (1) IN GENERAL.—Subsection (b)(1) of the first

10 section of the Hate Crime Statistics Act (28 U.S.C.

11 534 note) is amended by inserting ‘‘gender and gen12 der identity,’’ after ‘‘race,’’.

13 (2) DATA.—Subsection (b)(5) of the first section

14 of the Hate Crime Statistics Act (28 U.S.C. 534 note)

15 is amended by inserting ‘‘, including data about

16 crimes committed by, and crimes directed against, ju17 veniles’’ after ‘‘data acquired under this section’’.

18 (i) SEVERABILITY.—If any provision of this section,

19 an amendment made by this section, or the application of

20 such provision or amendment to any person or cir21 cumstance is held to be unconstitutional, the remainder of

22 this section, the amendments made by this section, and the

23 application of the provisions of such to any person or cir24 cumstance shall not be affected thereby.
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1 SEC. 1024. COMPREHENSIVE STUDY AND SUPPORT FOR

2 CRIMINAL INVESTIGATIONS AND PROSECU3 TIONS BY STATE AND LOCAL LAW ENFORCE4 MENT OFFICIALS.

5 (a) STUDIES.—

6 (1) COLLECTION OF DATA.—

7 (A) DEFINITION OF RELEVANT OFFENSE.—

8 In this paragraph, the term ‘‘relevant offense’’

9 means a crime described in subsection (b)(1) of

10 the first section of Public Law 101–275 (28

11 U.S.C. 534 note) and a crime that manifests evi12 dence of prejudice based on gender or age.

13 (B) COLLECTION FROM CROSS-SECTION OF

14 STATES.—Not later than 120 days after the date

15 of enactment of this Act, the Comptroller General

16 of the United States, in consultation with the

17 National Governors’ Association, shall, if pos18 sible, select 10 jurisdictions with laws classifying

19 certain types of offenses as relevant offenses and

20 10 jurisdictions without such laws from which to

21 collect the data described in subparagraph (C)

22 over a 12-month period.

23 (C) DATA TO BE COLLECTED.—The data de24 scribed in this paragraph are—
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1 (i) the number of relevant offenses that

2 are reported and investigated in the juris3 diction;

4 (ii) the percentage of relevant offenses

5 that are prosecuted and the percentage that

6 result in conviction;

7 (iii) the duration of the sentences im8 posed for crimes classified as relevant of9 fenses in the jurisdiction, compared with the

10 length of sentences imposed for similar

11 crimes committed in jurisdictions with no

12 laws relating to relevant offenses; and

13 (iv) references to and descriptions of

14 the laws under which the offenders were

15 punished.

16 (D) COSTS.—Participating jurisdictions

17 shall be reimbursed for the reasonable and nec18 essary costs of compiling data collected under

19 this paragraph.

20 (2) STUDY OF RELEVANT OFFENSE ACTIVITY.—

21 (A) IN GENERAL.—Not later than 18

22 months after the date of enactment of this Act,

23 the Comptroller General of the United States

24 shall complete a study and submit to Congress a

25 report that analyzes the data collected under
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1 paragraph (1) and under section 534 of title 28,

2 United States Code, to determine the extent of

3 relevant offense activity throughout the United

4 States and the success of State and local officials

5 in combating that activity.

6 (B) IDENTIFICATION OF TRENDS.—In the

7 study conducted under subparagraph (A), the

8 Comptroller General of the United States shall

9 identify any trends in the commission of rel10 evant offenses specifically by—

11 (i) geographic region;

12 (ii) type of crime committed; and

13 (iii) the number and percentage of rel14 evant offenses that are prosecuted and the

15 number for which convictions are obtained.

16 (b) ASSISTANCE OTHER THAN FINANCIAL ASSIST17 ANCE.—At the request of a law enforcement official of a

18 State or a political subdivision of a State, the Attorney

19 General, acting through the Director of the Federal Bureau

20 of Investigation and in cases where the Attorney General

21 determines special circumstances exist, may provide tech22 nical, forensic, prosecutorial, or any other assistance in the

23 criminal investigation or prosecution of any crime that—

24 (1) constitutes a crime of violence (as defined in

25 section 16 of title 18, United States Code);
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1 (2) constitutes a felony under the laws of the

2 State; and

3 (3) is motivated by animus against the victim

4 by reason of the membership of the victim in a par5 ticular class or group.

6 (c) GRANTS.—

7 (1) IN GENERAL.—The Attorney General may, in

8 cases where the Attorney General determines special

9 circumstances exist, make grants to States and local

10 subdivisions of States to assist those entities in the in11 vestigation and prosecution of crimes motivated by

12 animus against the victim by reason of the member13 ship of the victim in a particular class or group.

14 (2) ELIGIBILITY.—A State or political subdivi15 sion of a State applying for assistance under this sub16 section shall—

17 (A) describe the purposes for which the

18 grant is needed; and

19 (B) certify that the State or political sub20 division lacks the resources necessary to inves21 tigate or prosecute a crime motivated by animus

22 against the victim by reason of the membership

23 of the victim in a particular class or group.

24 (3) DEADLINE.—An application for a grant

25 under this subsection shall be approved or dis-
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1 approved by the Attorney General not later than 10

2 days after the application is submitted.

3 (4) GRANT AMOUNT.—A grant under this sub4 section shall not exceed $100,000 for any single case.

5 (5) REPORT AND AUDIT.—Not later than Decem6 ber 31, 2008, the Attorney General, in consultation

7 with the National Governors’ Association, shall—

8 (A) submit to Congress a report describing

9 the applications made for grants under this sub10 section, the award of such grants, and the effec11 tiveness of the grant funds awarded; and

12 (B) conduct an audit of the grants awarded

13 under this subsection to ensure that such grants

14 are used for the purposes provided in this sub15 section.

16 (6) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated $5,000,000 for

18 each of the fiscal years 2008 and 2009 to carry out

19 this section.

20 SEC. 1025. GIFT ACCEPTANCE AUTHORITY.

21 (a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON

22 BEHALF OF THE WOUNDED.—Section 2601(b) of title 10,

23 United States Code, is amended by striking paragraph (4).

24 (b) LIMITATION ON SOLICITATION OF GIFTS.—The

25 Secretary of Defense shall prescribe regulations imple-
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1 menting sections 2601 and 2608 of title 10, United States

2 Code, that prohibit the solicitation of any gift under such

3 sections by any employee of the Department of Defense if

4 the nature or circumstances of such solicitation would com5 promise the integrity or the appearance of integrity of any

6 program of the Department of Defense or of any individual

7 involved in such program.

8 SEC. 1026. EXPANSION OF COOPERATIVE AGREEMENT AU9 THORITY FOR MANAGEMENT OF CULTURAL

10 RESOURCES.

11 (a) IN GENERAL.—Subsection (a) of section 2684 of

12 title 10, United States Code, is amended to read as follows:

13 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense or the

14 Secretary of a military department may enter into a coop15 erative agreement with a State or local government, tribal

16 government, or other entity for any purpose as follows:

17 ‘‘(A) For the preservation, management, mainte18 nance, and improvement of cultural resources.

19 ‘‘(B) For the conduct of research regarding cul20 tural resources.

21 ‘‘(2) To be covered under a cooperative agreement

22 under this subsection, cultural resources shall be located—

23 ‘‘(A) on a military installation; or

24 ‘‘(B) off a military installation, but only if the

25 cooperative agreement directly relieves or eliminates
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1 current or anticipated restrictions that would or

2 might restrict, impede, or otherwise interfere (whether

3 directly or indirectly) with current or anticipated

4 military training, testing, or operations on the instal5 lation.

6 ‘‘(3) Activities under a cooperative agreement under

7 this subsection shall be subject to the availability of funds

8 to carry out the cooperative agreement.’’.

9 (b) INCLUSION OF INDIAN SACRED SITES IN CUL10 TURAL RESOURCES.—Subsection (c) of such section is

11 amended by adding at the end the following new paragraph:

12 ‘‘(5) An Indian sacred site, as the that term is

13 defined in section 1(b)(iii) of Executive Order

14 13007.’’.

15 SEC. 1027. MINIMUM ANNUAL PURCHASE AMOUNTS FOR

16 AIRLIFT FROM CARRIERS PARTICIPATING IN

17 THE CIVIL RESERVE AIR FLEET.

18 (a) IN GENERAL.—Chapter 931 of title 10, United

19 States Code, is amended by adding at the end the following

20 new section:

21 ‘‘§ 9515. Airlift services: minimum annual purchase

22 amount for carriers participating in Civil

23 Reserve Air Fleet

24 ‘‘(a) IN GENERAL.—The Secretary of Defense may

25 award to air carriers participating in the Civil Reserve Air
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1 Fleet on a fiscal year basis a one-year contract for airlift

2 services with a minimum purchase amount determined in

3 accordance with this section.

4 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre5 gate amount of the minimum purchase amount for all con6 tracts awarded under subsection (a) for a fiscal year shall

7 be based on forecast needs, but may not exceed the amount

8 equal to 80 percent of the annual average expenditure of

9 the Department of Defense for airlift during the five-fiscal

10 year period ending in the fiscal year before the fiscal year

11 for which such contracts are awarded.

12 ‘‘(2) In calculating the annual average expenditure of

13 the Department of Defense for airlift for purposes of para14 graph (1), the Secretary of Defense shall omit from the cal15 culation any fiscal year exhibiting unusually high demand

16 for airlift if the Secretary determines that the omission of

17 such fiscal year from the calculation will result in a more

18 accurate forecast of anticipated airlift for purposes of that

19 paragraph.

20 ‘‘(3) The aggregate amount of the minimum purchase

21 amount for all contracts awarded under subsection (a) for

22 a fiscal year, as determined under paragraph (1), shall be

23 allocated among all carriers awarded contracts under that

24 subsection for such fiscal year in proportion to the commit-
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1 ments of such carriers to the Civil Reserve Air Fleet for

2 such fiscal year.

3 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

4 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In deter5 mining the minimum purchase amount payable under a

6 contract under subsection (a) for airlift provided by a car7 rier during the fiscal year covered by such contract, the Sec8 retary of Defense may adjust the amount allocated to the

9 carrier under subsection (b)(3) to take into account periods

10 during such fiscal year when services of the carrier are un11 available for usage by the Department of Defense, including

12 during periods of refused business or suspended operations

13 or when the carrier is placed in nonuse status pursuant

14 to section 2640 of this title for safety issues.

15 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount

16 available under this section for the minimum purchase of

17 airlift from a carrier for a fiscal year under a contract

18 under subsection (a) is not utilized to purchase airlift from

19 the carrier in such fiscal year, such amount shall be pro20 vided to the carrier before the first day of the following fiscal

21 year.

22 ‘‘(e) TRANSFER OF FUNDS.—At the beginning of each

23 fiscal year, the Secretary of each military department shall

24 transfer to the transportation working capital fund a per25 centage of the total amount anticipated to be required in
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1 such fiscal year for payment of minimum purchase

2 amounts under all contracts awarded under subsection (a)

3 for such fiscal year equivalent to the percentage of the an4 ticipated use of airlift by such military department during

5 such fiscal year from all carriers under contracts awarded

6 under subsection (a) for such fiscal year.

7 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total

8 amount of airlift available for a fiscal year under all con9 tracts awarded under subsection (a) for such fiscal year,

10 a military department shall be entitled to obtain a percent11 age of such airlift equivalent to the percentage of the con12 tribution of the military department to the transportation

13 working capital fund for such fiscal year under subsection

14 (e).

15 ‘‘(2) A military department may transfer any entitle16 ment to airlift under paragraph (1) to any other military

17 department or to any other agency, element, or component

18 of the Department of Defense.

19 ‘‘(g) SUNSET.—The authorities in this section shall ex20 pire on December 31, 2015.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of chapter 931 of such title is amended by

23 adding at the end the following new item:

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’.
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1 SEC. 1028. PROVISION OF AIR FORCE SUPPORT AND SERV2 ICES TO FOREIGN MILITARY AND STATE AIR3 CRAFT.

4 (a) PROVISION OF SUPPORT AND SERVICES.—

5 (1) IN GENERAL.—Section 9626 of title 10,

6 United States Code, is amended to read as follows:

7 ‘‘§ 9626. Aircraft supplies and services: foreign mili8 tary or other state aircraft

9 ‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON RE10 IMBURSABLE BASIS.—(1) The Secretary of the Air Force

11 may, under such regulations as the Secretary may prescribe

12 and when in the best interests of the United States, provide

13 any of the supplies or services described in paragraph (2)

14 to military and other state aircraft of a foreign country,

15 on a reimbursable basis without an advance of funds, if

16 similar supplies and services are furnished on a like basis

17 to military aircraft and other state aircraft of the United

18 States by the foreign country.

19 ‘‘(2) The supplies and services described in this para20 graph are supplies and services as follows:

21 ‘‘(A) Routine airport services, including landing

22 and takeoff assistance, servicing aircraft with fuel,

23 use of runways, parking and servicing, and loading

24 and unloading of baggage and cargo.
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1 ‘‘(B) Miscellaneous supplies, including Air

2 Force-owned fuel, provisions, spare parts, and general

3 stores, but not including ammunition.

4 ‘‘(b) PROVISION OF ROUTINE AIRPORT SERVICES ON

5 NON-REIMBURSABLE BASIS.—(1) Routine airport services

6 may be provided under this section at no cost to a foreign

7 country under circumstances as follows:

8 ‘‘(A) If such services are provided by Air Force

9 personnel and equipment without direct cost to the

10 Air Force.

11 ‘‘(B) If such services are provided under an

12 agreement with the foreign country that provides for

13 the reciprocal furnishing by the foreign country of

14 routine airport services to military and other state

15 aircraft of the United States without reimbursement.

16 ‘‘(2) If routine airport services are provided under this

17 section by a working-capital fund activity of the Air Force

18 under section 2208 of this title and such activity is not re19 imbursed directly for the costs incurred by the activity in

20 providing such services by reason of paragraph (1)(B), the

21 working-capital fund activity shall be reimbursed for such

22 costs out of funds currently available to the Air Force for

23 operation and maintenance.’’.

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 939 of such title is
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1 amended by striking the item relating to section 9626

2 and inserting the following new item:

‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’.

3 (b) CONFORMING AMENDMENT.—Section 9629(3) of

4 such title is amended by striking ‘‘for aircraft of a foreign

5 military or air attache ́’’.

6 SEC. 1029. PARTICIPATION IN STRATEGIC AIRLIFT CAPA7 BILITY PARTNERSHIP.

8 (a) AUTHORITY TO PARTICIPATE IN PARTNERSHIP.—

9 The Secretary of Defense may—

10 (1) enter into a multilateral memorandum of

11 understanding authorizing the Strategic Airlift Capa12 bility Partnership to conduct activities necessary to

13 accomplish its purpose, including—

14 (A) the acquisition, equipping, ownership,

15 and operation of strategic airlift aircraft; and

16 (B) the acquisition or transfer of airlift and

17 airlift-related services and supplies among mem18 bers of the Strategic Airlift Capability Partner19 ship, or between the Partnership and non-mem20 ber countries or international organizations, on

21 a reimbursable basis or by replacement-in-kind

22 or exchange of airlift or airlift-related services of

23 an equal value; and

24 (2) pay from funds available to the Department

25 of Defense for such purpose the United States equi-
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1 table share of the recurring and non-recurring costs of

2 the activities and operations of the Strategic Airlift

3 Capability Partnership, including costs associated

4 with procurement of aircraft components and spare

5 parts, maintenance, facilities, and training, and the

6 costs of claims.

7 (b) AUTHORITIES UNDER PARTNERSHIP.—In car8 rying out the memorandum of understanding entered into

9 under subsection (a), the Secretary of Defense may do the

10 following:

11 (1) Waive reimbursement of the United States

12 for the cost of the functions performed by Department

13 of Defense personnel with respect to the Strategic Air14 lift Capability Partnership as follows:

15 (A) Auditing.

16 (B) Quality assurance.

17 (C) Inspection.

18 (D) Contract administration.

19 (E) Acceptance testing.

20 (F) Certification services.

21 (G) Planning, programming, and manage22 ment services.

23 (2) Waive the imposition of any surcharge for

24 administrative services provided by the United States
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1 that would otherwise be chargeable against the Stra2 tegic Airlift Capability Partnership.

3 (3) Pay the salaries, travel, lodging, and subsist4 ence expenses of Department of Defense personnel as5 signed for duty to the Strategic Airlift Capability

6 Partnership without seeking reimbursement or cost7 sharing for such expenses.

8 (c) CREDITING OF RECEIPTS.—Any amount received

9 by the United States in carrying out the memorandum of

10 understanding entered into under subsection (a) shall be

11 credited, as elected by the Secretary of Defense, to the fol12 lowing:

13 (1) The appropriation, fund, or account used in

14 incurring the obligation for which such amount is re15 ceived.

16 (2) An appropriation, fund, or account currently

17 providing funds for the purposes for which such obli18 gation was made.

19 (d) AUTHORITY TO TRANSFER AIRCRAFT.—

20 (1) IN GENERAL.—The Secretary of Defense is

21 authorized to transfer one strategic airlift aircraft to

22 the Strategic Airlift Capability Partnership in ac23 cordance with the terms and conditions of the memo24 randum of understanding entered into under sub25 section (a).
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1 (2) REPORT.—Not later than 30 days before the

2 date on which the Secretary transfers a strategic air3 lift aircraft under paragraph (1), the Secretary shall

4 submit to the congressional defense committees a re5 port on the strategic airlift aircraft to be transferred,

6 including the type of strategic airlift aircraft to be

7 transferred and the tail registration or serial number

8 of such aircraft.

9 (e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP

10 DEFINED.—In this section the term ‘‘Strategic Airlift Ca11 pability Partnership’’ means the strategic airlift capability

12 consortium established by the United States and other par13 ticipating countries.

14 SEC. 1030. RESPONSIBILITY OF THE AIR FORCE FOR FIXED15 WING SUPPORT OF ARMY INTRA-THEATER LO16 GISTICS.

17 The Secretary of Defense shall, acting through the

18 Chairman of the Joint Chiefs of Staff, prescribe directives

19 or instructions to provide that the Air Force shall have re20 sponsibility for the missions and functions of fixed-wing

21 support for Army intra-theater logistics.

22 SEC. 1031. PROHIBITION ON SALE OF PARTS FOR F–14

23 FIGHTER AIRCRAFT.

24 (a) PROHIBITION ON SALE BY DEPARTMENT OF DE25 FENSE.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Department of Defense may not sell

3 (whether directly or indirectly) any parts for F–14

4 fighter aircraft, whether through the Defense Reutili5 zation and Marketing Service or through another

6 agency or element of the Department.

7 (2) EXCEPTION.—Paragraph (1) shall not apply

8 with respect to the sale of parts for F–14 fighter air9 craft to a museum or similar organization located in

10 the United States that is involved in the preservation

11 of F–14 fighter aircraft for historical purposes.

12 (b) PROHIBITION ON EXPORT LICENSE.—No license

13 for the export of parts for F–14 fighter aircraft to a non14 United States person or entity may be issued by the United

15 States Government.

16 SEC. 1032. PROVISION OF CONTACT INFORMATION ON SEP17 ARATING MEMBERS OF THE ARMED FORCES

18 TO STATE VETERANS AGENCIES.

19 For each member of the Armed Forces pending separa20 tion from the Armed Forces or who detaches from the mem21 ber’s regular unit while awaiting medical separation or re22 tirement, not later than the date of such separation or de23 tachment, as the case may be, the Secretary of Defense shall,

24 upon the request of the member, provide the address and

25 other appropriate contact information of the member to the
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1 State veterans agency in the State in which the member

2 will first reside after separation or in the State in which

3 the member resides while so awaiting medical separation

4 or retirement, as the case may be.

5 SEC. 1033. PROVISIONS RELATING TO THE REMOVAL OF

6 MISSILES FROM THE 564TH MISSILE SQUAD7 RON.

8 (a) The Secretary of Defense shall submit to the Con9 gressional Defense Committees a report on the feasibility

10 of establishing an association between the 120th Fighter

11 Wing of the Montana Air National Guard and active duty

12 personnel stationed at Malmstrom Air Force Base, Mon13 tana. In making such assessment, the Secretary shall con14 sider:

15 (1) An evaluation of the Air Force’s requirement

16 for additional F–15 aircraft active or reserve compo17 nent force structure.

18 (2) An evaluation of the airspace training op19 portunities in the immediate airspace around Great

20 Falls International Airport Air Guard Station.

21 (3) An evaluation of the impact of civilian oper22 ations on military operations at the Great Falls

23 International Airport.
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1 (4) An evaluation of the level of civilian en2 croachment on the facilities and airspace of the 120th

3 Fighter Wing.

4 (5) An evaluation of the support structure avail5 able, including active military bases nearby.

6 (6) Opportunities for additional association be7 tween the Montana National Guard and the 341st

8 Space Wing.

9 (b) Not more than 40 missiles may be removed from

10 the 564th Missile Squadron until 15 days after the report

11 required in subsection (a) has been submitted.

12 Subtitle D—Reports

13 SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR

14 PROMPT GLOBAL STRIKE CAPABILITY.

15 Section 1032(b)(1) of the National Defense Authoriza16 tion Act for Fiscal Year 2004 (Public Law 108–136; 117

17 Stat. 1605; 10 U.S.C. 113 note) is amended by inserting

18 ‘‘and each of 2007, 2008, and 2009,’’ after ‘‘2004, 2005,

19 and 2006,’’.

20 SEC. 1042. REPORT ON THREATS TO THE UNITED STATES

21 FROM UNGOVERNED AREAS.

22 (a) REPORT REQUIRED.—Not later than 120 days

23 after the date of the enactment of this Act, the Secretary

24 of Defense and the Secretary of State shall jointly, in co25 ordination with the Director of National Intelligence, sub-
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1 mit to Congress a report on the threats posed to the United

2 States from ungoverned areas, including the threats to the

3 United States from terrorist groups and individuals located

4 in such areas who direct their activities against the United

5 States and its allies.

6 (b) ELEMENTS.—The report required by subsection (a)

7 shall include the following:

8 (1) A description of the intelligence capabilities

9 and skills required by the United States Government

10 to support United States policy aimed at managing

11 the threats described in subsection (a), including, spe12 cifically, the technical, linguistic, and analytical ca13 pabilities and the skills required by the Department

14 of Defense and the Department of State.

15 (2) An assessment of the extent to which the De16 partment of Defense and the Department of State pos17 sess the capabilities described in paragraph (1) as

18 well as the necessary resources and organization to

19 support United States policy aimed at managing the

20 threats described in subsection (a).

21 (3) A description of the extent to which the im22 plementation of Department of Defense Directive

23 3000.05, entitled ‘‘Military Support for Stability, Se24 curity, Transition, and Reconstruction Operations’’,
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1 will support United States policy for managing such

2 threats.

3 (4) A description of the actions, if any, to be

4 taken to improve the capabilities and skills of the De5 partment of Defense and the Department of State de6 scribed in paragraph (1), and the schedule for imple7 menting any actions so described.

8 SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY

9 SYSTEM.

10 (a) STUDY REQUIRED.—The Secretary of Defense shall

11 enter into an agreement with an independent, non-profit,

12 non-partisan organization to conduct a study on the na13 tional security interagency system.

14 (b) REPORT.—The agreement entered into under sub15 section (a) shall require the organization to submit to Con16 gress and the President a report containing the results of

17 the study conducted pursuant to such agreement and any

18 recommendations for changes to the national security inter19 agency system (including legislative or regulatory changes)

20 identified by the organization as a result of the study.

21 (c) SUBMITTAL DATE.—The agreement entered into

22 under subsection (a) shall require the organization to sub23 mit the report required under subsection (a) not later than

24 180 days after the date on which the Secretary makes funds
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1 available to the organization under subsection (e) for pur2 poses of the study.

3 (d) NATIONAL SECURITY INTERAGENCY SYSTEM DE4 FINED.—In this section, the term ‘‘national security inter5 agency system’’ means the structures, mechanisms, and

6 processes by which the departments, agencies, and elements

7 of the Federal Government that have national security mis8 sions coordinate and integrate their policies, capabilities,

9 expertise, and activities to accomplish such missions.

10 (e) FUNDING.—

11 (1) IN GENERAL.—Of the amount authorized to

12 be appropriated by section 301(5) for operation and

13 maintenance for Defense-wide activities, not more

14 than $3,000,000 may be available to carry out this

15 section.

16 (2) MATCHING FUNDING REQUIREMENT.—The

17 amount provided by the Secretary for the agreement

18 entered into under subsection (a) may not exceed the

19 value of contributions (whether money or in-kind con20 tributions) obtained and provided by the organization

21 for the study from non-government sources.

22 (f) FOCUS ON IMPROVING INTERAGENCY COOPERATION

23 IN POST-CONFLICT CONTINGENCY RELIEF AND RECON24 STRUCTION OPERATIONS.—
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1 (1) FINDINGS.—Congress makes the following

2 findings:

3 (A) The interagency coordination and inte4 gration of the United States Government for the

5 planning and execution of overseas post-conflict

6 contingency relief and reconstruction operations

7 requires reform.

8 (B) Recent operations, most notably in

9 Iraq, lacked the necessary consistent and effective

10 interagency coordination and integration in

11 planning and execution.

12 (C) Although the unique circumstances asso13 ciated with the Iraq reconstruction effort are

14 partly responsible for this weak coordination, ex15 isting structural weaknesses within the planning

16 and execution processes for such operations indi17 cate that the problems encountered in the Iraq

18 program could recur in future operations unless

19 action is taken to reform and improve inter20 departmental integration in planning and execu21 tion.

22 (D) The agencies involved in the Iraq pro23 gram have attempted to adapt to the relentless

24 demands of the reconstruction effort, but more

25 substantive and permanent reforms are required
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1 for the United States Government to be opti2 mally prepared for future operations.

3 (E) The fresh body of evidence developed

4 from the Iraq relief and reconstruction experi5 ence provides a good basis and timely oppor6 tunity to pursue meaningful improvements with7 in and among the departments charged with

8 managing the planning and execution of such

9 operations.

10 (F) The success achieved in departmental

11 integration of overseas conflict management

12 through the Goldwater-Nichols Department of

13 Defense Reorganization Act of 1986 (Public Law

14 99–433; 100 Stat. 992) provides precedent for

15 Congress to consider legislation designed to pro16 mote increased cooperation and integration

17 among the primary Federal departments and

18 agencies charged with managing post-conflict

19 contingency reconstruction and relief operations.

20 (2) INCLUSION IN STUDY.—The study conducted

21 under subsection (a) shall include the following ele22 ments:

23 (A) A synthesis of past studies evaluating

24 the successes and failures of previous interagency

25 efforts at planning and executing post-conflict
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1 contingency relief and reconstruction operations,

2 including relief and reconstruction operations in

3 Iraq.

4 (B) An analysis of the division of duties, re5 sponsibilities, and functions among executive

6 branch agencies for such operations and rec7 ommendations for administrative and regulatory

8 changes to enhance integration.

9 (C) Recommendations for legislation that

10 would improve interagency cooperation and inte11 gration and the efficiency of the United States

12 Government in the planning and execution of

13 such operations.

14 (D) Recommendations for improvements in

15 congressional, executive, and other oversight

16 structures and procedures that would enhance

17 accountability within such operations.

18 SEC. 1044. ANNUAL REPORT ON CASES REVIEWED BY NA19 TIONAL COMMITTEE FOR EMPLOYER SUP20 PORT OF THE GUARD AND RESERVE.

21 Section 4332 of title 38, United States Code, is

22 amended—

23 (1) by redesignating paragraphs (2), (3), (4),

24 (5), and (6) as paragraphs (3), (4), (5), (6), and (7)

25 respectively;
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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2):

3 ‘‘(2) The number of cases reviewed by the Sec4 retary of Defense under the National Committee for

5 Employer Support of the Guard and Reserve of the

6 Department of Defense during the fiscal year for

7 which the report is made.’’; and

8 (3) in paragraph (5), as so redesignated, by

9 striking ‘‘(2), or (3)’’ and inserting ‘‘(2), (3), or (4)’’.

10 SEC. 1045. REPORT ON WORKFORCE REQUIRED TO SUP11 PORT THE NUCLEAR MISSIONS OF THE NAVY

12 AND THE DEPARTMENT OF ENERGY.

13 (a) IN GENERAL.—Not later than one year after the

14 date of the enactment of this Act, the Secretary of Defense

15 and the Secretary of Energy shall each submit to Congress

16 a report on the requirements for a workforce to support the

17 nuclear missions of the Navy and the Department of Energy

18 during the 10-year period beginning on the date of the re19 port.

20 (b) ELEMENTS.—The report shall address anticipated

21 changes to the nuclear missions of the Navy and the Depart22 ment of Energy during the 10-year period beginning on the

23 date of the report, anticipated workforce attrition, and re24 tirement, and recruiting trends during that period and

25 knowledge retention programs within the Department of
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1 Defense, the Department of Energy, the national labora2 tories, and federally funded research facilities.

3 SEC. 1046. COMPTROLLER GENERAL REPORT ON DEFENSE

4 FINANCE AND ACCOUNTING SERVICE RE5 SPONSE TO BUTTERBAUGH V. DEPARTMENT

6 OF JUSTICE.

7 (a) IN GENERAL.—Not later than 180 days after the

8 date of the enactment of this Act, the Comptroller General

9 of the United States shall submit to the congressional de10 fense committees a report setting forth an assessment by the

11 Comptroller General of the response of the Defense Finance

12 and Accounting Service to the decision in Butterbaugh v.

13 Department of Justice (336 F.3d 1332 (2003)).

14 (b) ELEMENTS.—The report required by subsection (a)

15 shall include the following:

16 (1) An estimate of the number of members of the

17 reserve components of the Armed Forces, both past

18 and present, who are entitled to compensation under

19 the decision in Butterbaugh v. Department of Justice.

20 (2) An assessment of the current policies, proce21 dures, and timeliness of the Defense Finance and Ac22 counting Service in implementing and resolving

23 claims under the decision in Butterbaugh v. Depart24 ment of Justice.
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1 (3) An assessment whether or not the decisions

2 made by the Defense Finance and Accounting Service

3 in implementing the decision in Butterbaugh v. De4 partment of Justice follow a consistent pattern of res5 olution.

6 (4) An assessment of whether or not the decisions

7 made by the Defense Finance and Accounting Service

8 in implementing the decision in Butterbaugh v. De9 partment of Justice are resolving claims by providing

10 more compensation than an individual has been able

11 to prove, under the rule of construction that laws pro12 viding benefits to veterans are liberally construed in

13 favor of the veteran.

14 (5) An estimate of the total amount of compensa15 tion payable to members of the reserve components of

16 the Armed Forces, both past and present, as a result

17 of the recent decision in Hernandez v. Department of

18 the Air Force (No. 2006–3375, slip op.) that leave can

19 be reimbursed for Reserve service before 1994, when

20 Congress enacted chapter 43 of title 38, United States

21 Code (commonly referred to as the ‘‘Uniformed Serv22 ices Employment and Reemployment Rights Act’’).

23 (6) A comparative assessment of the handling of

24 claims by the Defense Finance and Accounting Serv25 ice under the decision in Butterbaugh v. Department
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1 of Justice with the handling of claims by other Fed2 eral agencies (selected by the Comptroller General for

3 purposes of the comparative assessment) under that

4 decision.

5 (7) A statement of the number of claims by mem6 bers of the reserve components of the Armed Forces

7 under the decision in Butterbaugh v. Department of

8 Justice that have been adjudicated by the Defense Fi9 nance and Accounting Service.

10 (8) A statement of the number of claims by mem11 bers of the reserve components of the Armed Forces

12 under the decision in Butterbaugh v. Department of

13 Justice that have been denied by the Defense Finance

14 and Accounting Service.

15 (9) A comparative assessment of the average

16 amount of time required for the Defense Finance and

17 Accounting Service to resolve a claim under the deci18 sion in Butterbaugh v. Department of Justice with

19 the average amount of time required by other Federal

20 agencies (as so selected) to resolve a claim under that

21 decision.

22 (10) A comparative statement of the backlog of

23 claims with the Defense Finance and Accounting

24 Service under the decision in Butterbaugh v. Depart-
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1 ment of Justice with the backlog of claims of other

2 Federal agencies (as so selected) under that decision.

3 (11) An estimate of the amount of time required

4 for the Defense Finance and Accounting Service to re5 solve all outstanding claims under the decision in

6 Butterbaugh v. Department of Justice.

7 (12) An assessment of the reasonableness of the

8 requirement of the Defense Finance and Accounting

9 Service for the submittal by members of the reserve

10 components of the Armed Forces of supporting docu11 mentation for claims under the decision in

12 Butterbaugh v. Department of Justice.

13 (13) A comparative assessment of the require14 ment of the Defense Finance and Accounting Service

15 for the submittal by members of the reserve compo16 nents of the Armed Forces of supporting documenta17 tion for claims under the decision in Butterbaugh v.

18 Department of Justice with the requirement of other

19 Federal agencies (as so selected) for the submittal by

20 such members of supporting documentation for such

21 claims.

22 (14) Such recommendations for legislative action

23 as the Comptroller General considers appropriate in

24 light of the decision in Butterbaugh v. Department of
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1 Justice and the decision in Hernandez v. Department

2 of the Air Force.

3 SEC. 1047. REPORT ON FACILITIES AND OPERATIONS OF

4 DARNALL ARMY MEDICAL CENTER, FORT

5 HOOD MILITARY RESERVATION, TEXAS.

6 (a) IN GENERAL.—Not later than 120 days after the

7 date of the enactment of this Act, the Secretary of Defense

8 shall submit to the congressional defense committees a re9 port assessing the facilities and operations of the Darnall

10 Army Medical Center at Fort Hood Military Reservation,

11 Texas.

12 (b) CONTENT.—The report required under subsection

13 (a) shall include the following:

14 (1) A specific determination of whether the fa15 cilities currently housing Darnall Army Medical Cen16 ter meet Department of Defense standards for Army

17 medical centers.

18 (2) A specific determination of whether the exist19 ing facilities adequately support the operations of

20 Darnall Army Medical Center, including the missions

21 of medical treatment, medical hold, medical holdover,

22 and Warriors in Transition.

23 (3) A specific determination of whether the exist24 ing facilities provide adequate physical space for the

25 number of personnel that would be required for
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1 Darnall Army Medical Center to function as a full2 sized Army medical center.

3 (4) A specific determination of whether the cur4 rent levels of medical and medical-related personnel

5 at Darnall Army Medical Center are adequate to sup6 port the operations of a full-sized Army medical cen7 ter.

8 (5) A specific determination of whether the cur9 rent levels of graduate medical education and medical

10 residency programs currently in place at Darnall

11 Army Medical Center are adequate to support the op12 erations of a full-sized Army medical center.

13 (6) A description of any and all deficiencies

14 identified by the Secretary.

15 (7) A proposed investment plan and timeline to

16 correct such deficiencies.

17 SEC. 1048. REPORT ON PLANS TO REPLACE THE MONUMENT

18 AT THE TOMB OF THE UNKNOWNS AT AR19 LINGTON NATIONAL CEMETERY, VIRGINIA.

20 (a) REPORT REQUIRED.—Not later than 180 days

21 after the date of the enactment of this Act, the Secretary

22 of the Army and the Secretary of Veterans Affairs shall

23 jointly submit to Congress a report setting forth the fol24 lowing:
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1 (1) The current plans of the Secretaries with re2 spect to—

3 (A) replacing the monument at the Tomb of

4 the Unknowns at Arlington National Cemetery,

5 Virginia; and

6 (B) disposing of the current monument at

7 the Tomb of the Unknowns, if it were removed

8 and replaced.

9 (2) An assessment of the feasibility and advis10 ability of repairing the monument at the Tomb of the

11 Unknowns rather than replacing it.

12 (3) A description of the current efforts of the Sec13 retaries to maintain and preserve the monument at

14 the Tomb of the Unknowns.

15 (4) An explanation of why no attempt has been

16 made since 1989 to repair the monument at the Tomb

17 of the Unknowns.

18 (5) A comprehensive estimate of the cost of re19 placement of the monument at the Tomb of the Un20 knowns and the cost of repairing such monument.

21 (6) An assessment of the structural integrity of

22 the monument at the Tomb of the Unknowns.

23 (b) LIMITATION ON ACTION.—The Secretary of the

24 Army and the Secretary of Veterans Affairs may not take

25 any action to replace the monument at the Tomb of the
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1 Unknowns at Arlington National Cemetery, Virginia, until

2 180 days after the date of the receipt by Congress of the

3 report required by subsection (a).

4 (c) EXCEPTION.—The limitation in subsection (b)

5 shall not prevent the Secretary of the Army or the Secretary

6 of Veterans Affairs from repairing the current monument

7 at the Tomb of the Unknowns or from acquiring any blocks

8 of marble for uses related to such monument, subject to the

9 availability of appropriations for that purposes.

10 SEC. 1049. REPORT ON SIZE AND MIX OF AIR FORCE INTER11 THEATER AIRLIFT FORCE.

12 (a) STUDY REQUIRED.—

13 (1) IN GENERAL.—The Secretary of Defense shall

14 conduct a study on various alternatives for the size

15 and mix of assets for the Air Force intertheater airlift

16 force, with a particular focus on current and planned

17 capabilities and costs of the C–5 aircraft and C–17

18 aircraft fleets.

19 (2) CONDUCT OF STUDY.—

20 (A) USE OF FFRDC.—The Secretary shall

21 select to conduct the study required by subsection

22 (a) a federally funded research and development

23 center (FFRDC) that has experience and exper24 tise in conducting studies similar to the study

25 required by subsection (a).
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1 (B) DEVELOPMENT OF STUDY METHOD2 OLOGY.—Not later than 90 days after the date of

3 enactment of this Act, the federally funded re4 search and development center selected for the

5 conduct of the study shall—

6 (i) develop the methodology for the

7 study; and

8 (ii) submit the methodology to the

9 Comptroller General of the United States

10 for review.

11 (C) COMPTROLLER GENERAL REVIEW.—Not

12 later than 30 days after receipt of the method13 ology under subparagraph (B), the Comptroller

14 General shall—

15 (i) review the methodology for purposes

16 of identifying any flaws or weaknesses in

17 the methodology; and

18 (ii) submit to the federally funded re19 search and development center a report

20 that—

21 (I) sets forth any flaws or weak22 nesses in the methodology identified by

23 the Comptroller General in the review;

24 and
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1 (II) makes any recommendations

2 the Comptroller General considers ad3 visable for improvements to the meth4 odology.

5 (D) MODIFICATION OF METHODOLOGY.—Not

6 later than 30 days after receipt of the report

7 under subparagraph (C), the federally funded re8 search and development center shall—

9 (i) modify the methodology in order to

10 address flaws or weaknesses identified by

11 the Comptroller General in the report and

12 to improve the methodology in accordance

13 with the recommendations, if any, made by

14 the Comptroller General; and

15 (ii) submit to the congressional defense

16 committees a report that—

17 (I) describes the modifications of

18 the methodology made by the federally

19 funded research and development cen20 ter; and

21 (II) if the federally funded re22 search and development center does not

23 improve the methodology in accordance

24 with any particular recommendation

25 of the Comptroller General, sets forth a
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1 description and explanation of the rea2 sons for such action.

3 (3) UTILIZATION OF OTHER STUDIES.—The

4 study shall build upon the results of the recent Mobil5 ity Capabilities Studies of the Department of Defense,

6 the on-going Intratheater Airlift Fleet Mix Analysis,

7 and other appropriate studies and analyses. The

8 study should also include any results reached on the

9 modified C–5A aircraft configured as part of the Reli10 ability Enhancement and Re-engining Program

11 (RERP) configuration, as specified in section 132 of

12 the National Defense Authorization Act for Fiscal

13 Year 2004 (Public Law 108–136; 117 Stat. 1411).

14 (b) ELEMENTS.—The study under subsection (a) shall

15 address the following:

16 (1) The state of the current intertheater airlift

17 fleet of the Air Force, including the extent to which

18 the increased use of heavy airlift aircraft in Oper19 ation Iraqi Freedom, Operation Enduring Freedom,

20 and other ongoing operations is affecting the aging of

21 the aircraft of that fleet.

22 (2) The adequacy of the current intertheater air23 lift force, including whether or not the current target

24 number of 301 airframes for the Air Force heavy lift

25 aircraft fleet will be sufficient to support future expe-
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1 ditionary combat and non-combat missions as well as

2 domestic and training mission demands consistent

3 with the requirements of the National Military Strat4 egy.

5 (3) The optimal mix of C–5 aircraft and C–17

6 aircraft for the intertheater airlift fleet of the Air

7 Force, and any appropriate mix of C–5 aircraft and

8 C–17 aircraft for intratheater airlift missions, includ9 ing an assessment of the following:

10 (A) The cost advantages and disadvantages

11 of modernizing the C–5 aircraft fleet when com12 pared with procuring new C–17 aircraft, which

13 assessment shall be performed in concert with the

14 Cost Analysis Improvement Group and be based

15 on program life cycle cost estimates for the re16 spective aircraft.

17 (B) The military capability of the C–5 air18 craft and the C–17 aircraft, including number of

19 lifetime flight hours, cargo and passenger car20 rying capabilities, and mission capable rates for

21 such airframes. In the case of assumptions for

22 the C–5 aircraft, and any assumptions made for

23 the mission capable rates of the C–17 aircraft,

24 sensitivity analyses shall also be conducted to

25 test assumptions. The military capability study
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1 for the C–5 aircraft shall also include an assess2 ment of the mission capable rates after each of

3 the following:

4 (i) Successful completion of the Avi5 onics Modernization Program (AMP) and

6 the Reliability Enhancement and Re7 engining Program (RERP).

8 (ii) Partially successful completion of

9 the Avionics Modernization Program and

10 the Reliability Enhancement and Re11 engining Program, with partially successful

12 completion of either such program being

13 considered the point at which the continued

14 execution of such program is no longer sup15 ported by cost-benefit analysis.

16 (C) The tactical capabilities of strategic air17 lift aircraft, the potential increase in use of stra18 tegic airlift aircraft for tactical missions, and

19 the value of such capabilities to tactical oper20 ations.

21 (D) The value of having more than one type

22 of aircraft in the strategic airlift fleet, and the

23 potential need to pursue a replacement aircraft

24 for the C–5 aircraft that is larger than the C–

25 17 aircraft.
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1 (4) The means by which the Air Force was able

2 to restart the production line for the C–5 aircraft

3 after having closed the line for several years, and the

4 actions to be taken to ensure the production line for

5 the C–17 aircraft could be restarted if necessary,

6 including—

7 (A) an analysis of the costs of closing and

8 re-opening the production line for the C–5 air9 craft; and

10 (B) an assessment of the costs of closing and

11 re-opening the production line for the C–17 air12 craft on a similar basis.

13 (5) The financial effects of retiring, upgrading

14 and maintaining, or continuing current operations of

15 the C–5A aircraft fleet on procurement decisions re16 lating to the C–17 aircraft.

17 (6) The impact that increasing the role and use

18 of strategic airlift aircraft in intratheater operations

19 will have on the current target number for strategic

20 airlift aircraft of 301 airframes, including an anal21 ysis of the following:

22 (A) The appropriateness of using C–5 air23 craft and C–17 aircraft for intratheater mis24 sions, as well as the efficacy of these aircraft to
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1 perform current and projected future

2 intratheater missions.

3 (B) The interplay of existing doctrinal

4 intratheater airlift aircraft (such as the C–130

5 aircraft and the future Joint Cargo Aircraft

6 (JCA)) with an increasing role for C–5 aircraft

7 and C–17 aircraft in intratheater missions.

8 (C) The most appropriate and likely mis9 sions for C–5 aircraft and C–17 aircraft in

10 intratheater operations and the potential for in11 creased requirements in these mission areas.

12 (D) Any intratheater mission sets best per13 formed by strategic airlift aircraft as opposed to

14 traditional intratheater airlift aircraft.

15 (E) Any requirements for increased produc16 tion or longevity of C–5 aircraft and C–17 air17 craft, or for a new strategic airlift aircraft, in

18 light of the matters analyzed under this para19 graph.

20 (7) Taking into consideration all applicable fac21 tors, whether or not the replacement of C–5 aircraft

22 with C–17 aircraft on a one-for-one basis will result

23 in the retention of a comparable strategic airlift ca24 pability.
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1 (c) CONSTRUCTION.—Nothing in this section shall be

2 construed to exclude from the study under subsection (a)

3 consideration of airlift assets other than the C–5 aircraft

4 or C–17 aircraft that do or may provide intratheater and

5 intertheater airlift, including the potential that such cur6 rent or future assets may reduce requirements for C–5 air7 craft or C–17 aircraft.

8 (d) COLLABORATION WITH TRANSCOM.—The federally

9 funded research and development center selected under sub10 section (a) shall conduct the study required by that sub11 section and make the report required by subsection (e) in

12 concert with the United States Transportation Command.

13 (e) REPORT BY FFRDC.—

14 (1) IN GENERAL.—Not later than January 10,

15 2009, the federally funded research and development

16 center selected under subsection (a) shall submit to the

17 Secretary of Defense, the congressional defense com18 mittees, and the Comptroller General of the United

19 States a report on the study required by subsection

20 (a).

21 (2) REVIEW BY GAO.—Not later than 90 days

22 after receipt of the report under paragraph (1), the

23 Comptroller General shall submit to the congressional

24 defense committee a report on the study conducted

25 under subsection (a) and the report under paragraph
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1 (1). The report under this subsection shall include an

2 analysis of the study under subsection (a) and the re3 port under paragraph (1), including an assessment

4 by the Comptroller General of the strengths and weak5 nesses of the study and report.

6 (f) REPORT BY SECRETARY OF DEFENSE.—

7 (1) IN GENERAL.—Not later than 90 days after

8 receipt of the report under paragraph (1), the Sec9 retary of Defense shall submit to the Committee on

10 Armed Services of the Senate and the Committee on

11 Armed Services of the House of Representatives a re12 port on the study required by subsection (a).

13 (2) ELEMENTS.—The report shall include a com14 prehensive discussion of the findings of the study, in15 cluding a particular focus on the following:

16 (A) A description of lift requirements and

17 operating profiles for intertheater airlift aircraft

18 required to meet the National Military Strategy,

19 including assumptions regarding:

20 (i) Current and future military combat

21 and support missions.

22 (ii) The planned force structure growth

23 of the Army and the Marine Corps.
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1 (iii) Potential changes in lift require2 ments, including the deployment of the Fu3 ture Combat Systems by the Army.

4 (iv) New capability in strategic airlift

5 to be provided by the KC(X) aircraft and

6 the expected utilization of such capability,

7 including its use in intratheater lift.

8 (v) The utilization of the heavy lift

9 aircraft in intratheater combat missions.

10 (vi) The availability and application

11 of Civil Reserve Air Fleet assets in future

12 military scenarios.

13 (vii) Air mobility requirements associ14 ated with the Global Rebasing Initiative of

15 the Department of Defense.

16 (viii) Air mobility requirements in

17 support of peacekeeping and humanitarian

18 missions around the globe.

19 (ix) Potential changes in lift require20 ments based on equipment procured for Iraq

21 and Afghanistan.

22 (B) A description of the assumptions uti23 lized in the study regarding aircraft perform24 ances and loading factors.
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1 (C) A comprehensive statement of the data

2 and assumptions utilized in making program

3 life cycle cost estimates.

4 (D) A comparison of cost and risk associ5 ated with optimal mix airlift fleet versus pro6 gram of record airlift fleet.

7 (3) FORM.—The report shall be submitted in un8 classified form, but may include a classified annex.

9 SEC. 1050. REPORT AND MASTER INFRASTRUCTURE RE10 CAPITALIZATION PLAN REGARDING CHEY11 ENNE MOUNTAIN AIR STATION, COLORADO.

12 (a) REPORT ON RELOCATION OF NORTH AMERICAN

13 AEROSPACE DEFENSE COMMAND CENTER.—

14 (1) IN GENERAL.—Not later than 90 days after

15 the date of the enactment of this Act, the Secretary of

16 Defense shall submit to Congress a report on the relo17 cation of the North American Aerospace Defense com18 mand center and related functions from Cheyenne

19 Mountain Air Station, Colorado, to Peterson Air

20 Force Base, Colorado.

21 (2) CONTENT.—The report required under para22 graph (1) shall include—

23 (A) an analysis comparing the total costs

24 associated with the relocation, including costs de25 termined as part of ongoing security-related
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1 studies of the relocation, to anticipated oper2 ational benefits from the relocation; and

3 (B) a detailed explanation of those backup

4 functions that will remain located at Cheyenne

5 Mountain Air Station, and how those functions

6 planned to be transferred out of Cheyenne Moun7 tain Air Station, including the Space Oper8 ations Center, will maintain operational

9 connectivity with their related commands and

10 relevant communications centers.

11 (b) MASTER INFRASTRUCTURE RECAPITALIZATION

12 PLAN.—

13 (1) IN GENERAL.—Not later than March 16,

14 2008, the Secretary of the Air Force shall submit to

15 Congress a master infrastructure recapitalization

16 plan for Cheyenne Mountain Air Station.

17 (2) CONTENT.—The plan required under para18 graph (1) shall include—

19 (A) A description of the projects that are

20 needed to improve the infrastructure required for

21 supporting missions associated with Cheyenne

22 Mountain Air Station; and

23 (B) a funding plan explaining the expected

24 timetable for the Air Force to support such

25 projects.
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1 Subtitle E—Other Matters

2 SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.

3 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—

4 In order to clarify United States nuclear deterrence policy

5 and strategy for the near term, the Secretary of Defense

6 shall conduct a comprehensive review of the nuclear posture

7 of the United States for the next 5 to 10 years. The Sec8 retary shall conduct the review in consultation with the Sec9 retary of Energy and the Secretary of State.

10 (b) ELEMENTS OF REVIEW.—The nuclear posture re11 view shall include the following elements:

12 (1) The role of nuclear forces in United States

13 military strategy, planning, and programming.

14 (2) The policy requirements and objectives for

15 the United States to maintain a safe, reliable, and

16 credible nuclear deterrence posture.

17 (3) The relationship among United States nu18 clear deterrence policy, targeting strategy, and arms

19 control objectives.

20 (4) The role that missile defense capabilities and

21 conventional strike forces play in determining the role

22 and size of nuclear forces.

23 (5) The levels and composition of the nuclear de24 livery systems that will be required for implementing

25 the United States national and military strategy, in-
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1 cluding any plans for replacing or modifying existing

2 systems.

3 (6) The nuclear weapons complex that will be re4 quired for implementing the United States national

5 and military strategy, including any plans to mod6 ernize or modify the complex.

7 (7) The active and inactive nuclear weapons

8 stockpile that will be required for implementing the

9 United States national and military strategy, includ10 ing any plans for replacing or modifying warheads.

11 (c) REPORT TO CONGRESS.—The Secretary of Defense

12 shall submit to Congress, in unclassified and classified

13 forms as necessary, a report on the results of the nuclear

14 posture review conducted under this section. The report

15 shall be submitted concurrently with the quadrennial de16 fense review required to be submitted under section 118 of

17 title 10, United States Code, in 2009.

18 (d) SENSE OF CONGRESS.—It is the sense of Congress

19 that the nuclear posture review conducted under this section

20 should be used as a basis for establishing future United

21 States arms control objectives and negotiating positions.
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1 SEC. 1062. TERMINATION OF COMMISSION ON THE IMPLE2 MENTATION OF THE NEW STRATEGIC POS3 TURE OF THE UNITED STATES.

4 Section 1051 of the National Defense Authorization

5 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

6 3431) is repealed.

7 SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON

8 ARMED SERVICES OF THE SENATE AND THE

9 HOUSE OF REPRESENTATIVES.

10 (a) REQUESTS OF COMMITTEES.—The Director of the

11 National Counterterrorism Center, the Director of a na12 tional intelligence center, or the head of any department,

13 agency, or element of the intelligence community shall, not

14 later than 15 days after receiving a request from the Com15 mittee on Armed Services of the Senate or the Committee

16 on Armed Services of the House of Representatives for any

17 intelligence assessment, report, estimate, legal opinion, or

18 other intelligence information relating to matters within the

19 jurisdiction of such Committee, make available to such com20 mittee such assessment, report, estimate, legal opinion, or

21 other information, as the case may be.

22 (b) ASSERTION OF PRIVILEGE.—In response to a re23 quest covered by subsection (a), the Director of the National

24 Counterterrorism Center, the Director of a national intel25 ligence center, or the head of any department, agency, or

26 element of the intelligence community shall provide the doc-
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1 ument or information covered by such request unless the

2 President certifies that such document or information is not

3 being provided because the President is asserting a privilege

4 pursuant to the Constitution of the United States.

5 (c) INDEPENDENT TESTIMONY OF INTELLIGENCE OF6 FICIALS.—No officer, department, agency, or element with7 in the Executive branch shall have any authority to require

8 the head of any department, agency, or element of the intel9 ligence community, or any designate of such a head—

10 (1) to receive permission to testify before the

11 Committee on Armed Services of the Senate or the

12 Committee on Armed Services of the House of Rep13 resentatives; or

14 (2) to submit testimony, legislative recommenda15 tions, or comments to any officer or agency of the Ex16 ecutive branch for approval, comments, or review

17 prior to the submission of such recommendations, tes18 timony, or comments to the Committee on Armed

19 Services of the Senate or the Committee on Armed

20 Services of the House of Representatives if such testi21 mony, legislative recommendations, or comments in22 clude a statement indicating that the views expressed

23 therein are those of the head of the department, agen24 cy, or element of the intelligence community that is
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1 making the submission and do not necessarily rep2 resent the views of the Administration.

3 SEC. 1064. SECURITY CLEARANCES; LIMITATIONS.

4 (a) IN GENERAL.—Title III of the Intelligence Reform

5 and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is

6 amended by adding at the end the following new section:

7 ‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) CONTROLLED SUBSTANCE.—The term ‘con10 trolled substance’ has the meaning given that term in

11 section 102 of the Controlled Substances Act (21

12 U.S.C. 802).

13 ‘‘(2) COVERED PERSON.—The term ‘covered per14 son’ means—

15 ‘‘(A) an officer or employee of a Federal

16 agency;

17 ‘‘(B) a member of the Army, Navy, Air

18 Force, or Marine Corps who is on active duty or

19 is in an active status; and

20 ‘‘(C) an officer or employee of a contractor

21 of a Federal agency.

22 ‘‘(3) RESTRICTED DATA.—The term ‘Restricted

23 Data’ has the meaning given that term in section 11

24 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
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1 ‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘spe2 cial access program’ has the meaning given that term

3 in section 4.1 of Executive Order 12958 (60 Fed. Reg.

4 19825).

5 ‘‘(b) PROHIBITION.—After January 1, 2008, the head

6 of a Federal agency may not grant or renew a security

7 clearance for a covered person who is—

8 ‘‘(1) an unlawful user of, or is addicted to, a

9 controlled substance; or

10 ‘‘(2) mentally incompetent, as determined by an

11 adjudicating authority, based on an evaluation by a

12 duly qualified mental health professional employed

13 by, or acceptable to and approved by, the United

14 States government and in accordance with the adju15 dicative guidelines required by subsection (d).

16 ‘‘(c) DISQUALIFICATION.—

17 ‘‘(1) IN GENERAL.—After January 1, 2008, ab18 sent an express written waiver granted in accordance

19 with paragraph (2), the head of a Federal agency

20 may not grant or renew a security clearance described

21 in paragraph (3) for a covered person who has been—

22 ‘‘(A) convicted in any court of the United

23 States of a crime, was sentenced to imprison24 ment for a term exceeding 1 year, and was in-
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1 carcerated as a result of that sentence for not less

2 than 1 year; or

3 ‘‘(B) discharged or dismissed from the

4 Armed Forces under dishonorable conditions.

5 ‘‘(2) WAIVER AUTHORITY.—In a meritorious

6 case, an exception to the disqualification in this sub7 section may be authorized if there are mitigating fac8 tors. Any such waiver may be authorized only in ac9 cordance with standards and procedures prescribed

10 by, or under the authority of, an Executive Order or

11 other guidance issued by the President.

12 ‘‘(3) COVERED SECURITY CLEARANCES.—This

13 subsection applies to security clearances that provide

14 for access to—

15 ‘‘(A) special access programs;

16 ‘‘(B) Restricted Data; or

17 ‘‘(C) any other information commonly re18 ferred to as ‘sensitive compartmented informa19 tion’.

20 ‘‘(4) ANNUAL REPORT.—

21 ‘‘(A) REQUIREMENT FOR REPORT.—Not

22 later than February 1 of each year, the head of

23 a Federal agency shall submit a report to the ap24 propriate committees of Congress if such agency

25 employs or employed a person for whom a waiv-
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1 er was granted in accordance with paragraph

2 (2) during the preceding year. Such annual re3 port shall not reveal the identity of such person,

4 but shall include for each waiver issued the dis5 qualifying factor under paragraph (1) and the

6 reasons for the waiver of the disqualifying factor.

7 ‘‘(B) DEFINITIONS.—In this paragraph:

8 ‘‘(i) APPROPRIATE COMMITTEES OF

9 CONGRESS.—The term ‘appropriate com10 mittees of Congress’ means, with respect to

11 a report submitted under subparagraph (A)

12 by the head of a Federal agency—

13 ‘‘(I) the congressional intelligence

14 committees;

15 ‘‘(II) the Committee on Homeland

16 Security and Governmental Affairs of

17 the Senate;

18 ‘‘(III) the Committee on Oversight

19 and Government Reform of the House

20 of Representatives; and

21 ‘‘(IV) each Committee of the Sen22 ate or the House of Representatives

23 with oversight authority over such Fed24 eral agency.
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1 ‘‘(ii) CONGRESSIONAL INTELLIGENCE

2 COMMITTEES.—The term ‘congressional in3 telligence committees’ has the meaning

4 given that term in section 3 of the National

5 Security Act of 1947 (50 U.S.C. 401a).

6 ‘‘(d) ADJUDICATIVE GUIDELINES.—

7 ‘‘(1) REQUIREMENT TO ESTABLISH.—The Presi8 dent shall establish adjudicative guidelines for deter9 mining eligibility for access to classified information.

10 ‘‘(2) REQUIREMENTS RELATED TO MENTAL

11 HEALTH.—The guidelines required by paragraph (1)

12 shall—

13 ‘‘(A) include procedures and standards

14 under which a covered person is determined to be

15 mentally incompetent and provide a means to

16 appeal such a determination; and

17 ‘‘(B) require that no negative inference con18 cerning the standards in the guidelines may be

19 raised solely on the basis of seeking mental

20 health counseling.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) REPEAL.—Section 986 of title 10, United

23 States Code, is repealed.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 49 of such title is

3 amended by striking the item relating to section 986.

4 (3) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect on January 1,

6 2008.

7 SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR THE

8 ISSUANCE OF SECURITY CLEARANCES.

9 (a) DEMONSTRATION PROJECT.—Not later than 6

10 months after the date of the enactment of this Act, the Sec11 retary of Defense and the Director of National Intelligence

12 shall implement a demonstration project that applies new

13 and innovative approaches to improve the processing of re14 quests for security clearances.

15 (b) EVALUATION.—Not later than 1 year after the date

16 of the enactment of this Act, the Secretary of Defense and

17 the Director of National Intelligence shall carry out an eval18 uation of the process for issuing security clearances and de19 velop a specific plan and schedule for replacing such process

20 with an improved process.

21 (c) REPORT.—Not later than 30 days after the date

22 of the completion of the evaluation required by subsection

23 (b), the Secretary of Defense and the Director of National

24 Intelligence shall submit to Congress a report on—
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1 (1) the results of the demonstration project car2 ried out pursuant to subsection (a);

3 (2) the results of the evaluation carried out

4 under subsection (b); and

5 (3) the specific plan and schedule for replacing

6 the existing process for issuing security clearances

7 with an improved process.

8 SEC. 1066. ADVISORY PANEL ON DEPARTMENT OF DEFENSE

9 CAPABILITIES FOR SUPPORT OF CIVIL AU10 THORITIES AFTER CERTAIN INCIDENTS.

11 (a) IN GENERAL.—The Secretary of Defense shall es12 tablish an advisory panel to carry out an assessment of the

13 capabilities of the Department of Defense to provide support

14 to United States civil authorities in the event of a chemical,

15 biological, radiological, nuclear, or high-yield explosive

16 (CBRNE) incident.

17 (b) PANEL MATTERS.—

18 (1) IN GENERAL.—The advisory panel required

19 by subsection (a) shall consist of individuals ap20 pointed by the Secretary of Defense (in consultation

21 with the Chairmen and Ranking Members of the

22 Committees on Armed Services of the Senate and the

23 House of Representatives) from among private citi24 zens of the United States with expertise in the legal,

25 operational, and organizational aspects of the man-
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1 agement of the consequences of a chemical, biological,

2 radiological, nuclear, or high-yield explosive incident.

3 (2) DEADLINE FOR APPOINTMENT.—All members

4 of the advisory panel shall be appointed under this

5 subsection not later than 30 days after the date on

6 which the Secretary enters into the contract required

7 by subsection (c).

8 (3) INITIAL MEETING.—The advisory panel shall

9 conduct its first meeting not later than 30 days after

10 the date that all appointments to the panel have been

11 made under this subsection.

12 (4) PROCEDURES.—The advisory panel shall

13 carry out its duties under this section under proce14 dures established under subsection (c) by the federally

15 funded research and development center with which

16 the Secretary contracts under that subsection. Such

17 procedures shall include procedures for the selection of

18 a chairman of the advisory panel from among its

19 members.

20 (c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND

21 DEVELOPMENT CENTER.—

22 (1) IN GENERAL.—The Secretary of Defense shall

23 enter into a contract with a federally funded research

24 and development center for the provision of support

25 and assistance to the advisory panel required by sub-
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1 section (a) in carrying out its duties under this sec2 tion. Such support and assistance shall include the es3 tablishment of the procedures of the advisory panel

4 under subsection (b)(4).

5 (2) DEADLINE FOR CONTRACT.—The Secretary

6 shall enter into the contract required by this sub7 section not later than 60 days after the date of the en8 actment of this Act.

9 (d) DUTIES OF PANEL.—The advisory panel required

10 by subsection (a) shall—

11 (1) evaluate the authorities and capabilities of

12 the Department of Defense to conduct operations in

13 support to United States civil authorities in the event

14 of a chemical, biological, radiological, nuclear, or

15 high-yield explosive incident, including the authori16 ties and capabilities of the military departments, the

17 Defense Agencies, the combatant commands, any sup18 porting commands, and the reserve components of the

19 Armed Forces (including the National Guard in a

20 Federal and non-Federal status);

21 (2) assess the adequacy of existing plans and

22 programs of the Department of Defense for training

23 and equipping dedicated, special, and general pur24 poses forces for conducting operations described in

25 paragraph (1) across a broad spectrum of scenarios,
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1 including current National Planning Scenarios as

2 applicable;

3 (3) assess policies, directives, and plans of the

4 Department of Defense in support of civilian authori5 ties in managing the consequences of a chemical, bio6 logical, radiological, nuclear, or high-yield explosive

7 incident.

8 (4) assess the adequacy of policies and structures

9 of the Department of Defense for coordination with

10 other department and agencies of the Federal Govern11 ment, especially the Department of Homeland Secu12 rity, the Department of Energy, the Department of

13 Justice, and the Department of Health and Human

14 Services, in the provision of support described in

15 paragraph (1);

16 (5) assess the adequacy and currency of informa17 tion available to the Department of Defense, whether

18 directly or through other departments and agencies of

19 the Federal Government, from State and local govern20 ments in circumstances where the Department pro21 vides support described in paragraph (1) because

22 State and local response capabilities are not fully

23 adequate for a comprehensive response;
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1 (6) assess the equipment capabilities and needs

2 of the Department of Defense to provide support de3 scribed in paragraph (1); and

4 (7) develop recommendations for modifying the

5 capabilities, plans, policies, equipment, and struc6 tures evaluated or assessed under this subsection in

7 order to improve the provision by the Department of

8 Defense of the support described in paragraph (1).

9 (e) COOPERATION OF OTHER AGENCIES.—

10 (1) IN GENERAL.—The advisory panel required

11 by subsection (a) may secure directly from the De12 partment of Defense, the Department of Homeland

13 Security, the Department of Energy, the Department

14 of Justice, the Department of Health and Human

15 Services, and any other department or agency of the

16 Federal Government information that the panel con17 siders necessary for the panel to carry out its duties.

18 (2) COOPERATION.—The Secretary of Defense,

19 the Secretary of Homeland Secretary, the Secretary of

20 Energy, the Attorney General, the Secretary of Health

21 and Human Services, and any other official of the

22 United States shall provide the advisory panel with

23 full and timely cooperation in carrying out its duties

24 under this section.
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1 (f) REPORT.—Not later than 12 months after the date

2 of the initial meeting of the advisory panel required by sub3 section (a), the advisory panel shall submit to the Secretary

4 of Defense, and to the Committees on Armed Services of the

5 Senate and the House of Representatives, a report on activi6 ties under this section. The report shall set forth—

7 (1) the findings, conclusions, and recommenda8 tions of the advisory panel for improving the capa9 bilities of the Department of Defense to provide sup10 port to United States civil authorities in the event of

11 a chemical, biological, radiological, nuclear, or high12 yield explosive incident; and

13 (2) such other findings, conclusions, and rec14 ommendations for improving the capabilities of the

15 Department for homeland defense as the advisory

16 panel considers appropriate.

17 SEC. 1067. SENSE OF CONGRESS ON THE WESTERN HEMI18 SPHERE INSTITUTE FOR SECURITY COOPERA19 TION.

20 It is the sense of Congress that—

21 (1) the education and training facility of the De22 partment of Defense known as the Western Hemi23 sphere Institute for Security Cooperation has the mis24 sion of providing professional education and training

25 to eligible military personnel, law enforcement offi-
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1 cials, and civilians of nations of the Western Hemi2 sphere that support the democratic principles set forth

3 in the Charter of the Organization of American

4 States, while fostering mutual knowledge, trans5 parency, confidence, and cooperation among the par6 ticipating nations and promoting democratic values

7 and respect for human rights; and

8 (2) therefore, the Institute is an invaluable edu9 cation and training facility which continues to foster

10 a spirit of partnership and interoperability among

11 the United States military and the militaries of par12 ticipating nations.

13 SEC. 1068. TECHNICAL AMENDMENTS TO TITLE 10, UNITED

14 STATES CODE, ARISING FROM ENACTMENT

15 OF THE INTELLIGENCE REFORM AND TER16 RORISM PREVENTION ACT OF 2004.

17 (a) REFERENCES TO HEAD OF INTELLIGENCE COMMU18 NITY.—

19 (1) REFERENCES.—Title 10, United States Code,

20 is amended by striking ‘‘Director of Central Intel21 ligence’’ each place it appears in the following provi22 sions and inserting ‘‘Director of National Intel23 ligence’’:

24 (A) Section 192(c)(2).

25 (B) Section 193.
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1 (C) Section 201(a).

2 (D) Section 201(c)(1).

3 (E) Section 425(a).

4 (F) Section 426.

5 (G) Section 441.

6 (H) Section 443(d).

7 (I) Section 2273(b)(1).

8 (J) Section 2723(a).

9 (2) CAPTION AMENDMENTS.—Title 10, United

10 States Code, is further amended by striking ‘‘DIREC11 TOR OF CENTRAL INTELLIGENCE’’ each place it ap12 pears in the heading of the following provisions and

13 inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’:

14 (A) Section 441(c).

15 (B) Section 443(d).

16 (b) REFERENCES TO HEAD OF CENTRAL INTEL17 LIGENCE AGENCY.—Title 10, United States Code, is further

18 amended by striking ‘‘Director of Central Intelligence’’ each

19 place it appears in the following provisions and inserting

20 ‘‘Director of the Central Intelligence Agency’’:

21 (1) Section 431(b)(1).

22 (2) Section 444.

23 (3) Section 1089(g)(1).

24 (c) OTHER AMENDMENTS.—Section 201 of title 10,

25 United States Code, is further amended—
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1 (1) in paragraph (1) of subsection (b), by strik2 ing ‘‘Before submitting’’ and all that follows and in3 serting ‘‘In the event of a vacancy in a position re4 ferred to in paragraph (2), the making by the Sec5 retary of Defense of a recommendation to the Presi6 dent regarding the appointment of an individual to

7 such position shall be governed by the provisions of

8 section 106(b) of the National Security Act of 1947

9 (50 U.S.C. 403–6(b)), relating to the concurrence of

10 the Director of National Intelligence in appointments

11 to positions in the intelligence community.’’; and

12 (2) in subsection (c), by striking ‘‘National For13 eign Intelligence Program’’ and inserting ‘‘National

14 Intelligence Program’’.

15 SEC. 1069. ESTABLISHMENT OF NATIONAL FOREIGN LAN16 GUAGE COORDINATION COUNCIL.

17 (a) ESTABLISHMENT.—There is established in the Ex18 ecutive Office of the President a National Foreign Language

19 Coordination Council (in this section referred to as the

20 ‘‘Council’’).

21 (b) MEMBERSHIP.—The Council shall consist of the

22 following members or their designees:

23 (1) The National Language Director, who shall

24 serve as the chairperson of the Council.

25 (2) The Secretary of Education.
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1 (3) The Secretary of Defense.

2 (4) The Secretary of State.

3 (5) The Secretary of Homeland Security.

4 (6) The Attorney General.

5 (7) The Director of National Intelligence.

6 (8) The Secretary of Labor.

7 (9) The Director of the Office of Personnel Man8 agement.

9 (10) The Director of the Office of Management

10 and Budget.

11 (11) The Secretary of Commerce.

12 (12) The Secretary of Health and Human Serv13 ices.

14 (13) The Secretary of the Treasury.

15 (14) The Secretary of Housing and Urban Devel16 opment.

17 (15) The Secretary of Agriculture.

18 (16) The Chairman and President of the Export19 Import Bank of the United States.

20 (17) The heads of such other Federal agencies as

21 the Council considers appropriate.

22 (c) RESPONSIBILITIES.—

23 (1) IN GENERAL.—The Council shall be charged

24 with—
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1 (A) overseeing, coordinating, and imple2 menting the National Security Language Initia3 tive;

4 (B) developing a national foreign language

5 strategy, building upon the efforts of the Na6 tional Security Language Initiative, within 18

7 months after the date of the enactment of this

8 Act, in consultation with—

9 (i) State and local government agen10 cies;

11 (ii) academic sector institutions;

12 (iii) foreign language related interest

13 groups;

14 (iv) business associations;

15 (v) industry;

16 (vi) heritage associations; and

17 (vii) other relevant stakeholders;

18 (C) conducting a survey of the status of

19 Federal agency foreign language and area exper20 tise and agency needs for such expertise; and

21 (D) monitoring the implementation of such

22 strategy through—

23 (i) application of current and recently

24 enacted laws; and
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1 (ii) the promulgation and enforcement

2 of rules and regulations.

3 (2) STRATEGY CONTENT.—The strategy developed

4 under paragraph (1) shall include—

5 (A) recommendations for amendments to

6 title 5, United States Code, in order to improve

7 the ability of the Federal Government to recruit

8 and retain individuals with foreign language

9 proficiency and provide foreign language train10 ing for Federal employees;

11 (B) the long term goals, anticipated effect,

12 and needs of the National Security Language

13 Initiative;

14 (C) identification of crucial priorities

15 across all sectors;

16 (D) identification and evaluation of Federal

17 foreign language programs and activities,

18 including—

19 (i) any duplicative or overlapping pro20 grams that may impede efficiency;

21 (ii) recommendations on coordination;

22 (iii) program enhancements; and

23 (iv) allocation of resources so as to

24 maximize use of resources;
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1 (E) needed national policies and cor2 responding legislative and regulatory actions in

3 support of, and allocation of designated resources

4 to, promising programs and initiatives at all

5 levels (Federal, State, and local), especially in

6 the less commonly taught languages that are seen

7 as critical for national security and global com8 petitiveness during the next 20 to 50 years;

9 (F) effective ways to increase public aware10 ness of the need for foreign language skills and

11 career paths in all sectors that can employ those

12 skills, with the objective of increasing support for

13 foreign language study among—

14 (i) Federal, State, and local leaders;

15 (ii) students;

16 (iii) parents;

17 (iv) elementary, secondary, and post18 secondary educational institutions; and

19 (v) employers;

20 (G) recommendations for incentives for re21 lated educational programs, including foreign

22 language teacher training;

23 (H) coordination of cross-sector efforts, in24 cluding public-private partnerships;
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1 (I) coordination initiatives to develop a

2 strategic posture for language research and rec3 ommendations for funding for applied foreign

4 language research into issues of national con5 cern;

6 (J) recommendations for assistance for—

7 (i) the development of foreign language

8 achievement standards; and

9 (ii) corresponding assessments for the

10 elementary, secondary, and postsecondary

11 education levels, including the National As12 sessment of Educational Progress in foreign

13 languages;

14 (K) recommendations for development of—

15 (i) language skill-level certification

16 standards;

17 (ii) frameworks for pre-service and

18 professional development study for those

19 who teach foreign language;

20 (iii) suggested graduation criteria for

21 foreign language studies and appropriate

22 non-language studies, such as—

23 (I) international business;

24 (II) national security;

25 (III) public administration;
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1 (IV) health care;

2 (V) engineering;

3 (VI) law;

4 (VII) journalism; and

5 (VIII) sciences;

6 (L) identification of and means for repli7 cating best practices at all levels and in all sec8 tors, including best practices from the inter9 national community; and

10 (M) recommendations for overcoming bar11 riers in foreign language proficiency.

12 (3) NATIONAL SECURITY LANGUAGE INITIA13 TIVE.—The term ‘‘National Security Language Ini14 tiative’’ means the comprehensive national plan of the

15 President announced on January 5, 2006, and under

16 the direction of the Secretaries of State, Education,

17 and Defense and the Director of National Intelligence

18 to expand foreign language education for national se19 curity purposes in the United States.

20 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

21 CONGRESS.—Not later than 18 months after the date of en22 actment of this section, the Council shall prepare and trans23 mit to the President and the relevant committees of Con24 gress the strategy required under subsection (c).
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1 (e) MEETINGS.—The Council may hold such meetings,

2 and sit and act at such times and places, as the Council

3 considers appropriate, but shall meet in formal session at

4 least 2 times a year. State and local government agencies

5 and other organizations (such as academic sector institu6 tions, foreign language-related interest groups, business as7 sociations, industry, and heritage community organiza8 tions) shall be invited, as appropriate, to public meetings

9 of the Council at least once a year.

10 (f) STAFF.—

11 (1) IN GENERAL.—The Director may—

12 (A) appoint, without regard to the provi13 sions of title 5, United States Code, governing

14 the competitive service, such personnel as the Di15 rector considers necessary; and

16 (B) compensate such personnel without re17 gard to the provisions of chapter 51 and sub18 chapter III of chapter 53 of that title.

19 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

20 Upon request of the Council, any Federal Government

21 employee may be detailed to the Council without re22 imbursement, and such detail shall be without inter23 ruption or loss of civil service status or privilege.

24 (3) EXPERTS AND CONSULTANTS.—With the ap25 proval of the Council, the Director may procure tem-
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1 porary and intermittent services under section

2 3109(b) of title 5, United States Code.

3 (4) TRAVEL EXPENSES.—Council members and

4 staff shall be allowed travel expenses, including per

5 diem in lieu of subsistence, at rates authorized for

6 employees of agencies under subchapter I of chapter

7 57 of title 5, United States Code, while away from

8 their homes or regular places of business in the per9 formance of services for the Council.

10 (5) SECURITY CLEARANCE.—

11 (A) IN GENERAL.—Subject to subparagraph

12 (B), the appropriate Federal agencies or depart13 ments shall cooperate with the Council in expedi14 tiously providing to the Council members and

15 staff appropriate security clearances to the extent

16 possible pursuant to existing procedures and re17 quirements.

18 (B) EXCEPTION.—No person shall be pro19 vided with access to classified information under

20 this section without the appropriate required se21 curity clearance access.

22 (6) COMPENSATION.—The rate of pay for any

23 employee of the Council (including the Director) may

24 not exceed the rate payable for level V of the Executive
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1 Schedule under section 5316 of title 5, United States

2 Code.

3 (g) POWERS.—

4 (1) DELEGATION.—Any member or employee of

5 the Council may, if authorized by the Council, take

6 any action that the Council is authorized to take in

7 this section.

8 (2) INFORMATION.—

9 (A) COUNCIL AUTHORITY TO SECURE.—The

10 Council may secure directly from any Federal

11 agency such information, consistent with Federal

12 privacy laws, including The Family Educational

13 Rights and Privacy Act (20 U.S.C. 1232g) and

14 Department of Education’s General Education

15 Provisions Act (20 U.S.C. 1232(h)), the Council

16 considers necessary to carry out its responsibil17 ities.

18 (B) REQUIREMENT TO FURNISH RE19 QUESTED INFORMATION.—Upon request of the

20 Director, the head of such agency shall furnish

21 such information to the Council.

22 (3) DONATIONS.—The Council may accept, use,

23 and dispose of gifts or donations of services or prop24 erty.
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1 (4) MAIL.—The Council may use the United

2 States mail in the same manner and under the same

3 conditions as other Federal agencies.

4 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.—In

5 carrying out this section, the Council—

6 (1) may arrange Federal, regional, State, and

7 local conferences for the purpose of developing and co8 ordinating effective programs and activities to im9 prove foreign language education;

10 (2) may publish a newsletter concerning Federal,

11 State, and local programs that are effectively meeting

12 the foreign language needs of the nation; and

13 (3) shall create and maintain a website con14 taining information on the Council and its activities,

15 best practices on language education, and other rel16 evant information.

17 (i) ANNUAL REPORT.—

18 (1) REQUIREMENT.—Not later than 90 days

19 after the date of the enactment of this Act, and annu20 ally thereafter, the Council shall prepare and trans21 mit to the President and the relevant committees of

22 Congress a report that describes—

23 (A) the activities of the Council;

24 (B) the efforts of the Council to improve for25 eign language education and training; and
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1 (C) impediments to the use of a National

2 Foreign Language program, including any stat3 utory and regulatory restrictions.

4 (2) RELEVANT COMMITTEES.—For purposes of

5 paragraph (1), the relevant committees of Congress

6 include—

7 (A) in the House of Representatives—

8 (i) the Committee on Appropriations;

9 (ii) the Committee on Armed Services;

10 (iii) the Committee on Education and

11 Labor;

12 (iv) the Committee on Oversight and

13 Government Reform;

14 (v) the Committee on Small Business;

15 (vi) the Committee on Foreign Affairs;

16 and

17 (vii) the Permanent Select Committee

18 on Intelligence;

19 (B) in the Senate—

20 (i) the Committee on Appropriations;

21 (ii) the Committee on Armed Services;

22 (iii) the Committee on Health, Edu23 cation, Labor, and Pensions;

24 (iv) the Committee on Homeland Secu25 rity and Governmental Affairs;
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1 (v) the Committee on Foreign Rela2 tions;

3 (vi) the Committee on Small Business

4 and Entrepreneurship; and

5 (vii) the Select Committee on Intel6 ligence.

7 (j) ESTABLISHMENT OF A NATIONAL LANGUAGE DI8 RECTOR.—

9 (1) IN GENERAL.—There is established a Na10 tional Language Director who shall be appointed by

11 the President. The National Language Director shall

12 be a nationally recognized individual with credentials

13 and abilities across the sectors to be involved with cre14 ating and implementing long-term solutions to

15 achieving national foreign language and cultural

16 competency.

17 (2) RESPONSIBILITIES.—The National Language

18 Director shall—

19 (A) develop and monitor the implementa20 tion of a national foreign language strategy,

21 built upon the efforts of the National Security

22 Language Initiative, across all sectors;

23 (B) establish formal relationships among

24 the major stakeholders in meeting the needs of

25 the Nation for improved capabilities in foreign
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1 languages and cultural understanding, including

2 Federal, State, and local government agencies,

3 academia, industry, labor, and heritage commu4 nities; and

5 (C) coordinate and lead a public informa6 tion campaign that raises awareness of public

7 and private sector careers requiring foreign lan8 guage skills and cultural understanding, with the

9 objective of increasing interest in and support

10 for the study of foreign languages among na11 tional leaders, the business community, local offi12 cials, parents, and individuals.

13 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.—

14 (1) STATE CONTACT PERSONS.—The Council

15 shall consult with each State to provide for the des16 ignation by each State of an individual to serve as

17 a State contact person for the purpose of receiving

18 and disseminating information and communications

19 received from the Council.

20 (2) STATE INTERAGENCY COUNCILS AND LEAD

21 AGENCIES.—Each State is encouraged to establish a

22 State interagency council on foreign language coordi23 nation or designate a lead agency for the State for the

24 purpose of assuming primary responsibility for co-
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1 ordinating and interacting with the Council and

2 State and local government agencies as necessary.

3 (l) CONGRESSIONAL NOTIFICATION.—The Council

4 shall provide to Congress such information as may be re5 quested by Congress, through reports, briefings, and other

6 appropriate means.

7 SEC. 1070. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS

8 OF AIRCRAFT UNDER CONTRACT WITH THE

9 ARMED FORCES.

10 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section

11 40102(a)(41)(E) of title 49, United States Code, is

12 amended—

13 (1) by inserting ‘‘or an operational support serv14 ice’’ after ‘‘transportation’’; and

15 (2) by adding at the end the following new sen16 tence: ‘‘The term ‘an operational support service’

17 means a mission performed by an aircraft operator

18 that uses fixed or rotary winged aircraft to provide

19 a service other than transportation.’’.

20 (b) ARMED FORCES OPERATIONAL MISSION.—Section

21 40125(c) of such title is amended—

22 (1) in paragraph (1)(C), by inserting ‘‘or an

23 operational support service’’ after ‘‘transportation’’;

24 and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(3) COMPLIANCE WITH FEDERAL AVIATION REG4 ULATIONS.—If the Secretary of Defense (or the Sec5 retary of the department in which the Coast Guard

6 is operating) does not make a designation under

7 paragraph (1)(C) with regard to a chartered aircraft,

8 the transportation or operational support service pro9 vided to the armed forces by such aircraft shall be in

10 compliance with the Federal Aviation Regulations

11 under title 14, Code of Federal Regulations.’’.

12 (c) TECHNICAL CORRECTIONS.—

13 (1) Section 40125(b) of such title is amended by

14 striking ‘‘40102(a)(37)’’ and inserting

15 ‘‘40102(a)(41)’’.

16 (2) Section 40125(c)(1) of such title is amended

17 by striking ‘‘40102(a)(37)(E)’’ appears and inserting

18 ‘‘40102(a)(41)(E)’’.

19 SEC. 1071. TRAUMATIC SERVICEMEMBERS’ GROUP LIFE IN20 SURANCE.

21 (a) DESIGNATION OF FIDUCIARY FOR MEMBERS WITH

22 LOST MENTAL CAPACITY OR EXTENDED LOSS OF CON23 SCIOUSNESS.—The Secretary of Defense shall, in consulta24 tion with the Secretary of Veterans Affairs, develop a form

25 for the designation of a recipient for the funds distributed
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1 under section 1980A of title 38, United States Code, as the

2 fiduciary of a member of the Armed Forces in cases where

3 the member is medically incapacitated (as determined by

4 the Secretary of Defense in consultation with the Secretary

5 of Veterans Affairs) or experiencing an extended loss of con6 sciousness.

7 (b) ELEMENTS.—The form under subsection (a) shall

8 require that a member may elect that—

9 (1) an individual designated by the member be

10 the recipient as the fiduciary of the member; or

11 (2) a court of proper jurisdiction determine the

12 recipient as the fiduciary of the member for purposes

13 of this subsection.

14 (c) COMPLETION AND UPDATE.—The form under sub15 section (a) shall be completed by an individual at the time

16 of entry into the Armed Forces and updated periodically

17 thereafter.

18 SEC. 1072. SENSE OF CONGRESS ON FAMILY CARE PLANS

19 AND THE DEPLOYMENT OF MEMBERS OF THE

20 ARMED FORCES WHO HAVE MINOR DEPEND21 ENTS.

22 (a) IN GENERAL.—It is the sense of Congress that—

23 (1) single parents who are members of the Armed

24 Forces with minor dependents, and dual-military
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1 couples with minor dependents, should develop and

2 maintain effective family care plans that—

3 (A) address all reasonably foreseeable situa4 tions that would result in the absence of the sin5 gle parent or dual-military couple in order to

6 provide for the efficient transfer of responsibility

7 for the minor dependents to an alternative care8 giver; and

9 (B) are consistent with Department of De10 fense Instruction 1342.19, dated July 13, 1992,

11 and any applicable regulations of the military

12 department concerned; and

13 (2) the Secretary of Defense should establish pro14 cedures to ensure that if a single parent and both

15 spouses in a dual-military couple are required to de16 ploy to a covered area—

17 (A) requests by the single parent or dual18 military couple for deferments of deployment due

19 to unforeseen circumstances are evaluated rap20 idly; and

21 (B) appropriate steps are taken to ensure

22 adequate care for minor dependents of the single

23 parent or dual-military couple.

24 (b) DEFINITIONS.—In this section:
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1 (1) COVERED AREA.—The term ‘‘covered area’’

2 means an area for which special pay for duty subject

3 to hostile fire or imminent danger is authorized under

4 section 310 of title 37, United States Code.

5 (2) DUAL-MILITARY COUPLE.—The term ‘‘dual6 military couple’’ means a married couple in which

7 both spouses are members of the Armed Forces.

8 SEC. 1073. CONDUCT BY MEMBERS OF THE ARMED FORCES

9 AND VETERANS OUT OF UNIFORM DURING

10 HOISTING, LOWERING, OR PASSING OF FLAG.

11 Section 9 of title 4, United States Code, is amended

12 by striking ‘‘all persons present’’ and all that follows

13 through the end and inserting ‘‘those present in uniform

14 should render the military salute. Members of the Armed

15 Forces and veterans who are present but not in uniform

16 may render the military salute. All other persons present

17 should face the flag and stand at attention with their right

18 hand over the heart, or if applicable, remove their headdress

19 with their right hand and hold it at the left shoulder, the

20 hand being over the heart. Citizens of other countries should

21 stand at attention. All such conduct toward the flag in a

22 moving column should be rendered at the moment the flag

23 passes.’’.
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1 SEC. 1074. EXTENSION OF DATE OF APPLICATION OF NA2 TIONAL SECURITY PERSONNEL SYSTEM TO

3 DEFENSE LABORATORIES.

4 Section 9902(c)(1) of title 5, United States Code, is

5 amended by striking ‘‘October 1, 2008’’ each place such

6 term appears and inserting ‘‘October 1, 2011’’ in each such

7 place.

8 SEC. 1075. PROTECTION OF CERTAIN INDIVIDUALS.

9 (a) PROTECTION FOR DEPARTMENT LEADERSHIP.—

10 The Secretary of Defense, under regulations prescribed by

11 the Secretary and in accordance with guidelines approved

12 by the Secretary and the Attorney General, may authorize

13 qualified members of the Armed Forces and qualified civil14 ian employees of the Department of Defense to provide phys15 ical protection and security within the United States to the

16 following persons who, by nature of their positions, require

17 continuous security and protection:

18 (1) Secretary of Defense.

19 (2) Deputy Secretary of Defense.

20 (3) Chairman of the Joint Chiefs of Staff.

21 (4) Vice Chairman of the Joint Chiefs of Staff.

22 (5) Secretaries of the military departments.

23 (6) Chiefs of the Services.

24 (7) Commanders of combatant commands.

25 (b) PROTECTION FOR ADDITIONAL PERSONNEL.—
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1 (1) AUTHORITY TO PROVIDE.—The Secretary of

2 Defense, under regulations prescribed by the Secretary

3 and in accordance with guidelines approved by the

4 Secretary and the Attorney General, may authorize

5 qualified members of the Armed Forces and qualified

6 civilian employees of the Department of Defense to

7 provide physical protection and security within the

8 United States to individuals other than individuals

9 described in paragraphs (1) through (7) of subsection

10 (a) if the Secretary determines that such protection is

11 necessary because—

12 (A) there is an imminent and credible

13 threat to the safety of the individual for whom

14 protection is to be provided; or

15 (B) compelling operational considerations

16 make such protection essential to the conduct of

17 official Department of Defense business.

18 (2) PERSONNEL.—Individuals authorized to re19 ceive physical protection and security under this sub20 section include the following:

21 (A) Any official, military member, or em22 ployee of the Department of Defense, including

23 such a former or retired official who faces serious

24 and credible threats arising from duties per25 formed while employed by the Department.
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1 (B) Any distinguished foreign visitor to the

2 United States who is conducting official business

3 with the Department of Defense.

4 (C) Any member of the immediate family of

5 a person authorized to receive physical protec6 tion and security under this section.

7 (3) LIMITATION ON DELEGATION.—The authority

8 of the Secretary of Defense to authorize the provision

9 of physical protection and security under this sub10 section may be delegated only to the Deputy Secretary

11 of Defense.

12 (4) REQUIREMENT FOR WRITTEN DETERMINA13 TION.—A determination of the Secretary of Defense to

14 provide physical protection and security under this

15 subsection shall be in writing, shall be based on a

16 threat assessment by an appropriate law enforcement,

17 security or intelligence organization, and shall in18 clude the name and title of the officer, employee, or

19 other individual affected, the reason for such deter20 mination, and the duration of the authorized protec21 tion and security for such officer, employee, or indi22 vidual.

23 (5) DURATION OF PROTECTION.—

24 (A) INITIAL PERIOD OF PROTECTION.—After

25 making a written determination under para-
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1 graph (4), the Secretary of Defense may provide

2 protection and security to an individual under

3 this subsection for an initial period of not more

4 than 90 calendar days.

5 (B) SUBSEQUENT PERIOD.—If, at the end of

6 the 90-day period that protection and security is

7 provided to an individual under subsection (A),

8 the Secretary determines that a condition de9 scribed in subparagraph (A) or (B) of paragraph

10 (1) continues to exist with respect to the indi11 vidual, the Secretary may extend the period that

12 such protection and security is provided for ad13 ditional 60-day periods. The Secretary shall re14 view such a determination at the end of each 60-

15 day period to determine whether to continue to

16 provide such protection and security.

17 (C) REQUIREMENT FOR COMPLIANCE WITH

18 REGULATIONS.—Protection and security pro19 vided under subparagraph (B) shall be provided

20 in accordance with the regulations and guide21 lines referred to in paragraph (1).

22 (6) SUBMISSION TO CONGRESS.—

23 (A) IN GENERAL.—The Secretary of Defense

24 shall submit to the congressional defense commit25 tees a report of each determination made under
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1 paragraph (4) to provide protection and security

2 to an individual and of each determination

3 under paragraph (5)(B) to extend such protec4 tion and security, together with the justification

5 for such determination, not later than 30 days

6 after the date on which the determination is

7 made.

8 (B) FORM OF REPORT.—A report submitted

9 under subparagraph (A) may be made in classi10 fied form.

11 (c) DEFINITIONS.—In this section:

12 (1) CONGRESSIONAL DEFENSE COMMITTEES.—

13 The term ‘‘congressional defense committees’’ means

14 the Committee on Appropriations and the Committee

15 on Armed Services of the Senate and the Committee

16 on Appropriations and the Committee on Armed

17 Services of the House of Representatives.

18 (2) QUALIFIED MEMBERS OF THE ARMED

19 FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF THE

20 DEPARTMENT OF DEFENSE.—The terms ‘‘qualified

21 members of the Armed Forces and qualified civilian

22 employees of the Department of Defense’’ refer collec23 tively to members or employees who are assigned to

24 investigative, law enforcement, or security duties of

25 any of the following:
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1 (A) The U.S. Army Criminal Investigation

2 Command.

3 (B) The Naval Criminal Investigative Serv4 ice.

5 (C) The U.S. Air Force Office of Special In6 vestigations.

7 (D) The Defense Criminal Investigative

8 Service.

9 (E) The Pentagon Force Protection Agency.

10 (d) CONSTRUCTION.—

11 (1) NO ADDITIONAL LAW ENFORCEMENT OR AR12 REST AUTHORITY.—Other than the authority to pro13 vide security and protection under this section, noth14 ing in this section may be construed to bestow any

15 additional law enforcement or arrest authority upon

16 the qualified members of the Armed Forces and quali17 fied civilian employees of the Department of Defense.

18 (2) AUTHORITIES OF OTHER DEPARTMENTS.—

19 Nothing in this section may be construed to preclude

20 or limit, in any way, the express or implied powers

21 of the Secretary of Defense or other Department of

22 Defense officials, or the duties and authorities of the

23 Secretary of State, the Director of the United States

24 Secret Service, the Director of the United States Mar-
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1 shals Service, or any other Federal law enforcement

2 agency.

3 SEC. 1076. MODIFICATION OF AUTHORITIES ON COMMIS4 SION TO ASSESS THE THREAT TO THE

5 UNITED STATES FROM ELECTROMAGNETIC

6 PULSE ATTACK.

7 (a) EXTENSION OF DATE OF SUBMITTAL OF FINAL RE8 PORT.—Section 1403(a) of the Floyd D. Spence National

9 Defense Authorization Act for Fiscal Year 2001 (as enacted

10 into law by Public Law 106–398; 50 U.S.C. 2301 note) is

11 amended by striking ‘‘June 30, 2007’’ and inserting ‘‘No12 vember 30, 2008’’.

13 (b) COORDINATION OF WORK WITH DEPARTMENT OF

14 HOMELAND SECURITY.—Section 1404 of such Act is

15 amended by adding at the end the following new subsection:

16 ‘‘(c) COORDINATION WITH DEPARTMENT OF HOME17 LAND SECURITY.—The Commission and the Secretary of

18 Homeland Security shall jointly ensure that the work of the

19 Commission with respect to electromagnetic pulse attack on

20 electricity infrastructure, and protection against such at21 tack, is coordinated with Department of Homeland Security

22 efforts on such matters.’’.

23 (c) LIMITATION ON DEPARTMENT OF DEFENSE FUND24 ING.—The aggregate amount of funds provided by the De25 partment of Defense to the Commission to Assess the Threat
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1 to the United States from Electromagnetic Pulse Attack for

2 purposes of the preparation and submittal of the final re3 port required by section 1403(a) of the Floyd D. Spence

4 National Defense Authorization Act for Fiscal Year 2001

5 (as amended by subsection (a)), whether by transfer or oth6 erwise and including funds provided the Commission before

7 the date of the enactment of this Act, shall not exceed

8 $5,600,000.

9 SEC. 1077. SENSE OF SENATE ON PROJECT COMPASSION.

10 (a) FINDINGS.—The Senate makes the following find11 ings:

12 (1) It is the responsibility of every citizen of the

13 United States to honor the service and sacrifice of the

14 veterans of the United States, especially those who

15 have made the ultimate sacrifice.

16 (2) In the finest tradition of this sacred responsi17 bility, Kaziah M. Hancock, an artist from central

18 Utah, founded a nonprofit organization called Project

19 Compassion, which endeavors to provide, without

20 charge, to the family of a member of the Armed

21 Forces who has fallen in active duty since the events

22 of September 11, 2001, a museum-quality original oil

23 portrait of that member.

24 (3) To date, Kaziah M. Hancock, four volunteer

25 professional portrait artists, and those who have do-
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1 nated their time to support Project Compassion have

2 presented over 700 paintings to the families of the

3 fallen heroes of the United States.

4 (4) Kaziah M. Hancock and Project Compassion

5 have been honored by the Veterans of Foreign Wars,

6 the American Legion, the Disabled American Vet7 erans, and other organizations with the highest public

8 service awards on behalf of fallen members of the

9 Armed Forces and their families.

10 (b) SENSE OF SENATE.—It is the sense of the Senate

11 that—

12 (1) Kaziah M. Hancock and the members of

13 Project Compassion have demonstrated, and continue

14 to demonstrate, extraordinary patriotism and support

15 for the Soldiers, Sailors, Airmen and Marines who

16 have given their lives for the United States in Iraq

17 and Afghanistan and have done so without any expec18 tation of financial gain or recognition for these ef19 forts;

20 (2) the people of the United States owe the deep21 est gratitude to Kaziah M. Hancock and the members

22 of Project Compassion; and

23 (3) the Senate, on the behalf of the people of the

24 United States, commends Kaziah M. Hancock, the

25 four other Project Compassion volunteer professional
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1 portrait artists, and the entire Project Compassion

2 organization for their tireless work in paying tribute

3 to those members of the Armed Forces who have fallen

4 in the service of the United States.

5 SEC. 1078. GRANT OF FEDERAL CHARTER TO KOREAN WAR

6 VETERANS ASSOCIATION, INCORPORATED.

7 (a) GRANT OF CHARTER.—Part B of subtitle II of title

8 36, United States Code, is amended—

9 (1) by striking the following:

10 ‘‘CHAPTER 1201—[RESERVED]’’;

11 and

12 (2) by inserting after chapter 1103 the following

13 new chapter:

14 ‘‘CHAPTER 1201—KOREAN WAR VETERANS

15 ASSOCIATION, INCORPORATED

‘‘Sec.

‘‘120101. Organization.

‘‘120102. Purposes.

‘‘120103. Membership.

‘‘120104. Governing body.

‘‘120105. Powers.

‘‘120106. Restrictions.

‘‘120107. Tax-exempt status required as condition of charter.

‘‘120108. Records and inspection.

‘‘120109. Service of process.

‘‘120110. Liability for acts of officers and agents.

‘‘120111. Annual report.

‘‘120112. Definition.

16 ‘‘§ 120101. Organization

17 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans As18 sociation, Incorporated (in this chapter, the ‘corporation’),

19 a nonprofit organization that meets the requirements for
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1 a veterans service organization under section 501(c)(19) of

2 the Internal Revenue Code of 1986 and that is organized

3 under the laws of the State of New York, is a federally char4 tered corporation.

5 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation

6 does not comply with the provisions of this chapter, the

7 charter granted by subsection (a) shall expire.

8 ‘‘§ 120102. Purposes

9 ‘‘The purposes of the corporation are those provided

10 in the articles of incorporation of the corporation and shall

11 include the following:

12 ‘‘(1) To organize as a veterans service organiza13 tion in order to maintain a continuing interest in the

14 welfare of veterans of the Korean War, and rehabilita15 tion of the disabled veterans of the Korean War to in16 clude all that served during active hostilities and sub17 sequently in defense of the Republic of Korea, and

18 their families.

19 ‘‘(2) To establish facilities for the assistance of

20 all veterans and to represent them in their claims be21 fore the Department of Veterans Affairs and other or22 ganizations without charge.

23 ‘‘(3) To perpetuate and preserve the comradeship

24 and friendships born on the field of battle and nur-
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1 tured by the common experience of service to the

2 United States during the time of war and peace.

3 ‘‘(4) To honor the memory of the men and

4 women who gave their lives so that the United States

5 and the world might be free and live by the creation

6 of living memorial, monuments, and other forms of

7 additional educational, cultural, and recreational fa8 cilities.

9 ‘‘(5) To preserve for the people of the United

10 States and posterity of such people the great and

11 basic truths and enduring principles upon which the

12 United States was founded.

13 ‘‘§ 120103. Membership

14 ‘‘Eligibility for membership in the corporation, and

15 the rights and privileges of members of the corporation, are

16 as provided in the bylaws of the corporation.

17 ‘‘§ 120104. Governing body

18 ‘‘(a) BOARD OF DIRECTORS.—The composition of the

19 board of directors of the corporation, and the responsibil20 ities of the board, are as provided in the articles of incorpo21 ration of the corporation.

22 ‘‘(b) OFFICERS.—The positions of officers of the cor23 poration, and the election of the officers, are as provided

24 in the articles of incorporation.
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1 ‘‘§ 120105. Powers

2 ‘‘The corporation has only those powers provided in

3 its bylaws and articles of incorporation filed in each State

4 in which it is incorporated.

5 ‘‘§ 120106. Restrictions

6 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may

7 not issue stock or declare or pay a dividend.

8 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a

9 director or officer of the corporation as such, may not con10 tribute to, support, or participate in any political activity

11 or in any manner attempt to influence legislation.

12 ‘‘(c) LOAN.—The corporation may not make a loan to

13 a director, officer, or employee of the corporation.

14 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU15 THORITY.—The corporation may not claim congressional

16 approval, or the authority of the United States, for any ac17 tivity of the corporation.

18 ‘‘(e) CORPORATE STATUS.—The corporation shall

19 maintain its status as a corporation incorporated under

20 the laws of the State of New York.

21 ‘‘§ 120107. Tax-exempt status required as condition of

22 charter

23 ‘‘If the corporation fails to maintain its status as an

24 organization exempt from taxation under the Internal Rev25 enue Code of 1986, the charter granted under this chapter

26 shall terminate.
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1 ‘‘§ 120108. Records and inspection

2 ‘‘(a) RECORDS.—The corporation shall keep—

3 ‘‘(1) correct and complete records of account;

4 ‘‘(2) minutes of the proceedings of the members,

5 board of directors, and committees of the corporation

6 having any of the authority of the board of directors

7 of the corporation; and

8 ‘‘(3) at the principal office of the corporation, a

9 record of the names and addresses of the members of

10 the corporation entitled to vote on matters relating to

11 the corporation.

12 ‘‘(b) INSPECTION.—A member entitled to vote on any

13 matter relating to the corporation, or an agent or attorney

14 of the member, may inspect the records of the corporation

15 for any proper purpose, at any reasonable time.

16 ‘‘§ 120109. Service of process

17 ‘‘The corporation shall have a designated agent in the

18 District of Columbia to receive service of process for the cor19 poration. Notice to or service on the agent is notice to or

20 service on the corporation.

21 ‘‘§ 120110. Liability for acts of officers and agents

22 ‘‘The corporation is liable for any act of any officer

23 or agent of the corporation acting within the scope of the

24 authority of the corporation.
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1 ‘‘§ 120111. Annual report

2 ‘‘The corporation shall submit to Congress an annual

3 report on the activities of the corporation during the pre4 ceding fiscal year. The report shall be submitted at the same

5 time as the report of the audit required by section 10101(b)

6 of this title. The report may not be printed as a public docu7 ment.

8 ‘‘§ 120112. Definition

9 ‘‘For purposes of this chapter, the term ‘State’ includes

10 the District of Columbia and the territories and possessions

11 of the United States.’’.

12 (b) CLERICAL AMENDMENT.—The item relating to

13 chapter 1201 in the table of chapters at the beginning of

14 subtitle II of title 36, United States Code, is amended to

15 read as follows:

‘‘1201. Korean War Veterans Association, Incorporated ...... 120101’’.

16 SEC. 1079. SENSE OF SENATE ON GENERAL DAVID

17 PETRAEUS.

18 (a) FINDINGS.—The Senate makes the following find19 ings:

20 (1) The Senate unanimously confirmed General

21 David H. Petraeus as Commanding General, Multi22 National Force-Iraq, by a vote of 81–0 on January

23 26, 2007.
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1 (2) General Petraeus graduated first in his class

2 at the United States Army Command and General

3 Staff College.

4 (3) General Petraeus earned Masters of Public

5 Administration and Doctoral degrees in international

6 relations from Princeton University.

7 (4) General Petraeus has served multiple combat

8 tours in Iraq, including command of the 101st Air9 borne Division (Air Assault) during combat oper10 ations throughout the first year of Operation Iraqi

11 Freedom, which tours included both major combat op12 erations and subsequent stability and support oper13 ations.

14 (5) General Petraeus supervised the development

15 and crafting of the United States Army and Marine

16 Corps counterinsurgency manual based in large meas17 ure on his combat experience in Iraq, scholarly study,

18 and other professional experiences.

19 (6) General Petraeus has taken a solemn oath to

20 protect and defend the Constitution of the United

21 States of America.

22 (7) During his 35-year career, General Petraeus

23 has amassed a distinguished and unvarnished record

24 of military service to the United States as recognized

25 by his receipt of a Defense Distinguished Service
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1 Medal, two Distinguished Service Medals, two Defense

2 Superior Service Medals, four Legions of Merit, the

3 Bronze Star Medal for valor, the State Department

4 Superior Honor Award, the NATO Meritorious Serv5 ice Medal, and other awards and medals.

6 (8) A recent attack through a full-page advertise7 ment in the New York Times by the liberal activist

8 group, Moveon.org, impugns the honor and integrity

9 of General Petraeus and all the members of the

10 United States Armed Forces.

11 (b) SENSE OF SENATE.—It is the sense of the Senate—

12 (1) to reaffirm its support for all the men and

13 women of the United States Armed Forces, including

14 General David H. Petraeus, Commanding General,

15 Multi-National Force-Iraq;

16 (2) to strongly condemn any effort to attack the

17 honor and integrity of General Petraeus and all the

18 members of the United States Armed Forces; and

19 (3) to specifically repudiate the unwarranted

20 personal attack on General Petraeus by the liberal ac21 tivist group Moveon.org.
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1 SEC. 1080. REPORT ON FEASIBILITY OF HOUSING A NA2 TIONAL DISASTER RESPONSE CENTER AT

3 KELLY AIR FIELD, SAN ANTONIO, TEXAS.

4 (a) IN GENERAL.—Not later than March 31, 2008, the

5 Secretary of Defense shall submit to the congressional de6 fense committees a report on the feasibility of utilizing ex7 isting infrastructure or installing new infrastructure at

8 Kelly Air Field, San Antonio, Texas, to house a National

9 Disaster Response Center for responding to man-made and

10 natural disasters in the United States .

11 (b) CONTENT.—The report required under subsection

12 (a) shall include the following:

13 (1) A determination of how the National Dis14 aster Response Center would organize and leverage

15 capabilities of the following currently co-located orga16 nizations, facilities, and forces located in San Anto17 nio, Texas:

18 (A) Lackland Air Force Base.

19 (B) Fort Sam Houston.

20 (C) Brooke Army Medical Center.

21 (D) Wilford Hall Medical Center.

22 (E) Audie Murphy Veterans Administration

23 Medical Center.

24 (F) 433rd Airlift Wing C–5 Heavy Lift

25 Aircraft.
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1 (G) 149 Fighter Wing and Texas Air Na2 tional Guard F–16 fighter aircraft.

3 (H) Army Northern Command.

4 (I) The National Trauma Institute’s three

5 level 1 trauma centers.

6 (J) Texas Medical Rangers.

7 (K) San Antonio Metro Health Department.

8 (L) The University of Texas Health Science

9 Center at San Antonio.

10 (M) The Air Intelligence Surveillance and

11 Reconnaissance Agency at Lackland Air Force

12 Base.

13 (N) The United States Air Force Security

14 Police Training Department at Lackland Air

15 Force Base.

16 (O) The large manpower pools and blood

17 donor pools from the more than 6,000 trainees at

18 Lackland Air Force Base.

19 (2) Determine the number of military and civil20 ian personnel required to be mobilized to run the lo21 gistics, planning, and maintenance of the National

22 Disaster Response Center during a time of disaster

23 recovery.

24 (3) Determine the number of military and civil25 ian personnel required to run the logistics, planning,
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1 and maintenance of the National Disaster Response

2 Center during a time when no disaster is occurring.

3 (4) Determine the cost of improving the current

4 infrastructure at Kelly Air Field to meet the needs of

5 displaced victims of a disaster equivalent to that of

6 Hurricanes Katrina and Rita or a natural or man7 made disaster of similar scope, including adequate

8 beds, food stores, and decontamination stations to

9 triage radiation or other chemical or biological agent

10 contamination victims.

11 (5) An evaluation of the current capability of the

12 Department of Defense to respond to these mission re13 quirements and an assessment of any additional ca14 pabilities that are required.

15 (6) An assessment of the costs and benefits of

16 adding such capabilities at Kelly Air Field to the

17 costs and benefits of other locations.

18 SEC. 1081. SENSE OF CONGRESS ON EQUIPMENT FOR THE

19 NATIONAL GUARD TO DEFEND THE HOME20 LAND.

21 (a) FINDINGS.—Congress makes the following findings:

22 (1) The Army National Guard and Air National

23 Guard have played an increasing role in homeland

24 security and a critical role in Operation Iraqi Free25 dom and Operation Enduring Freedom.
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1 (2) As a result of persistent underfunding of pro2 curement, lower prioritization, and more recently the

3 wars in Afghanistan and Iraq, the Army National

4 Guard and Air National Guard face significant

5 equipment shortfalls.

6 (3) The National Guard Bureau, in its February

7 26, 2007, report entitled ‘‘National Guard Equipment

8 Requirements’’, outlines the ‘‘Essential 10’’ equipment

9 needs to support the Army National Guard and Air

10 National Guard in the performance of their domestic

11 missions.

12 (b) SENSE OF CONGRESS.—It is the sense of Congress

13 that the Army National Guard and Air National Guard

14 should have sufficient equipment available to accomplish

15 their missions inside the United States and to protect the

16 homeland.

17 SEC. 1082. NOTIFICATION OF CERTAIN RESIDENTS AND CI18 VILIAN EMPLOYEES AT CAMP LEJEUNE,

19 NORTH CAROLINA, OF EXPOSURE TO DRINK20 ING WATER CONTAMINATION.

21 (a) NOTIFICATION OF INDIVIDUALS SERVED BY

22 TARAWA TERRACE WATER DISTRIBUTION SYSTEM, IN23 CLUDING KNOX TRAILER PARK.—Not later than one year

24 after the date of the enactment of this Act, the Secretary

25 of the Navy shall make reasonable efforts to identify and
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1 notify directly individuals who were served by the Tarawa

2 Terrace Water Distribution System, including Knox Trail3 er Park, at Camp Lejeune, North Carolina, during the

4 years 1958 through 1987 that they may have been exposed

5 to drinking water contaminated with tetrachloroethylene

6 (PCE).

7 (b) NOTIFICATION OF INDIVIDUALS SERVED BY

8 HADNOT POINT WATER DISTRIBUTION SYSTEM.—Not later

9 than one year after the Agency for Toxic Substances and

10 Disease Registry (ATSDR) completes its water modeling

11 study of the Hadnot Point water distribution system, the

12 Secretary of the Navy shall make reasonable efforts to iden13 tify and notify directly individuals who were served by the

14 system during the period identified in the study of the

15 drinking water contamination to which they may have been

16 exposed.

17 (c) NOTIFICATION OF FORMER CIVILIAN EMPLOYEES

18 AT CAMP LEJEUNE.—Not later than one year after the date

19 of the enactment of this Act, the Secretary of the Navy shall

20 make reasonable efforts to identify and notify directly civil21 ian employees who worked at Camp Lejeune during the pe22 riod identified in the ATSDR drinking water study of the

23 drinking water contamination to which they may have been

24 exposed.

25 (d) CIRCULATION OF HEALTH SURVEY.—
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1 (1) FINDING.—Congress makes the following

2 findings:

3 (A) Notification and survey efforts related

4 to the drinking water contamination described in

5 this section are necessary due to the potential

6 negative health impacts of these contaminants.

7 (B) The Secretary of the Navy will not be

8 able to identify or contact all former residents

9 due to the condition, non-existence, or accessi10 bility of records.

11 (C) It is the intent of Congress is that the

12 Secretary of the Navy contact as many former

13 residents as quickly as possible.

14 (2) ATSDR HEALTH SURVEY.—

15 (A) DEVELOPMENT.—Not later than 120

16 days after the date of the enactment of this Act,

17 the ATSDR, in consultation with the National

18 Opinion Research Center, shall develop a health

19 survey that would voluntarily request of individ20 uals described in subsections (a), (b), and (c)

21 personal health information that may lead to

22 scientifically useful health information associated

23 with exposure to TCE, PCE, vinyl chloride, and

24 the other contaminants identified in the ATSDR

25 studies that may provide a basis for further reli-
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1 able scientific studies of potentially adverse

2 health impacts of exposure to contaminated

3 water at Camp Lejeune.

4 (B) INCLUSION WITH NOTIFICATION.—The

5 survey developed under subparagraph (A) shall

6 be distributed by the Secretary of the Navy con7 currently with the direct notification required

8 under subsections (a), (b), and (c).

9 (e) USE OF MEDIA TO SUPPLEMENT NOTIFICATION.—

10 The Secretary of the Navy may use media notification as

11 a supplement to direct notification of individuals described

12 under subsections (a), (b), and (c). Media notification may

13 reach those individuals not identifiable via remaining

14 records; once individuals respond to media notifications, the

15 Secretary will add them to the contact list to be included

16 in future information updates.

17 SEC. 1083. SENSE OF SENATE ON AIR FORCE USE OF

18 TOWBARLESS AIRCRAFT GROUND EQUIP19 MENT.

20 It is the sense of the Senate to encourage the Air Force

21 to give full consideration to the potential operational util22 ity, cost savings, and increased safety afforded by the utili23 zation of towbarless aircraft ground equipment.
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1 SEC. 1084. DESIGNATION OF CHARLIE NORWOOD DEPART2 MENT OF VETERANS AFFAIRS MEDICAL CEN3 TER.

4 (a) FINDINGS.—Congress makes the following findings:

5 (1) Charlie Norwood volunteered for service in

6 the United States Army Dental Corps in a time of

7 war, providing dental and medical services in the Re8 public of Vietnam in 1968, earning the Combat Med9 ical Badge and two awards of the Bronze Star.

10 (2) Captain Norwood, under combat conditions,

11 helped develop the Dental Corps operating procedures,

12 that are now standard, of delivering dentists to for13 ward-fire bases, and providing dental treatment for

14 military service dogs.

15 (3) Captain Norwood provided dental, emergency

16 medical, and surgical care for United States per17 sonnel, Vietnamese civilians, and prisoners-of-war.

18 (4) Dr. Norwood provided military dental care

19 at Fort Gordon, Georgia, following his service in Viet20 nam, then provided private-practice dental care for

21 the next 25 years for patients in the greater Augusta,

22 Georgia, area, including care for military personnel,

23 retirees, and dependents under Department of Defense

24 programs and for low-income patients under Georgia

25 Medicaid.
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1 (5) Congressman Norwood, upon being sworn

2 into the United States House of Representatives in

3 1995, pursued the advancement of health and dental

4 care for active duty and retired military personnel

5 and dependents, and for veterans, through his public

6 advocacy for strengthened Federal support for mili7 tary and veterans’ health care programs and facili8 ties.

9 (6) Congressman Norwood co-authored and

10 helped pass into law the Keep our Promises to Amer11 ica’s Military Retirees Act, which restored lifetime

12 healthcare benefits to veterans who are military retir13 ees through the creation of the Department of Defense

14 TRICARE for Life Program.

15 (7) Congressman Norwood supported and helped

16 pass into law the Retired Pay Restoration Act pro17 viding relief from the concurrent receipt rule penal18 izing disabled veterans who were also military retir19 ees.

20 (8) Throughout his congressional service from

21 1995 to 2007, Congressman Norwood repeatedly de22 feated attempts to reduce Federal support for the De23 partment of Veterans Affairs Medical Center in Au24 gusta, Georgia, and succeeded in maintaining and in25 creasing Federal funding for the center.
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1 (9) Congressman Norwood maintained a life

2 membership in the American Legion, the Veterans of

3 Foreign Wars, and the Military Order of the World

4 Wars.

5 (10) Congressman Norwood’s role in protecting

6 and improving military and veteran’s health care

7 was recognized by the Association of the United States

8 Army through the presentation of the Cocklin Award

9 in 1998, and through his induction into the Associa10 tion’s Audie Murphy Society in 1999.

11 (b) DESIGNATION.—

12 (1) IN GENERAL.—The Department of Veterans

13 Affairs Medical Center located at 1 Freedom Way in

14 Augusta, Georgia, shall after the date of the enact15 ment of this Act be known and designated as the

16 ‘‘Charlie Norwood Department of Veterans Affairs

17 Medical Center’’.

18 (2) REFERENCES.—Any reference in any law,

19 regulation, map, document, record, or other paper of

20 the United States to the medical center referred to in

21 paragraph (1) shall be considered to be a reference to

22 the Charlie Norwood Department of Veterans Affairs

23 Medical Center.
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1 SEC. 1085. COMMERCIALIZATION PILOT PROGRAM.

2 Section 9(y) of the Small Business Act (15 U.S.C.

3 638(y)) is amended—

4 (1) in paragraph (1), by adding at the end the

5 following: ‘‘The authority to create and administer a

6 Commercialization Pilot Program under this sub7 section may not be construed to eliminate or replace

8 any other SBIR program that enhances the insertion

9 or transition of SBIR technologies, including any

10 such program in effect on the date of enactment of the

11 National Defense Authorization Act for Fiscal Year

12 2006 (Public Law 109–163; 119 Stat. 3136).’’;

13 (2) by redesignating paragraphs (5) and (6) as

14 paragraphs (7) and (8), respectively;

15 (3) by inserting after paragraph (4) the fol16 lowing:

17 ‘‘(5) INSERTION INCENTIVES.—For any contract

18 with a value of not less than $100,000,000, the Sec19 retary of Defense is authorized to—

20 ‘‘(A) establish goals for transitioning Phase

21 III technologies in subcontracting plans; and

22 ‘‘(B) require a prime contractor on such a

23 contract to report the number and dollar amount

24 of contracts entered into by that prime con25 tractor for Phase III SBIR projects.
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1 ‘‘(6) GOAL FOR SBIR TECHNOLOGY INSERTION.—

2 The Secretary of Defense shall—

3 ‘‘(A) set a goal to increase the number of

4 Phase II contracts awarded by that Secretary

5 that lead to technology transition into programs

6 of record or fielded systems;

7 ‘‘(B) use incentives in effect on the date of

8 enactment of the National Defense Authorization

9 Act for Fiscal Year 2008, or create new incen10 tives, to encourage prime contractors to meet the

11 goal under subparagraph (A); and

12 ‘‘(C) submit to the Committee on Armed

13 Services and the Committee on Small Business

14 and Entrepreneurship of the Senate and the

15 Committee on Armed Services and the Com16 mittee on Small Business of the House of Rep17 resentatives an annual report regarding the per18 centage of contracts described in subparagraph

19 (A) awarded by that Secretary.’’; and

20 (4) in paragraph (8), as so redesignated, by

21 striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal year

22 2012’’.
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1 SEC. 1086. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL

2 BASE.

3 (a) REPORT.—Not later than 190 days after the date

4 of the enactment of this Act, the Secretary of Defense shall

5 submit to the congressional defense committees a report on

6 the status, capability, viability, and capacity of the solid

7 rocket motor industrial base in the United States.

8 (b) CONTENT.—The report required under subsection

9 (a) shall include the following:

10 (1) An assessment of the ability to maintain the

11 Minuteman III intercontinental ballistic missile

12 through its planned operational life.

13 (2) An assessment of the ability to maintain the

14 Trident II D–5 submarine launched ballistic missile

15 through its planned operational life.

16 (3) An assessment of the ability to maintain all

17 other space launch, missile defense, and other vehicles

18 with solid rocket motors, through their planned oper19 ational lifetimes.

20 (4) An assessment of the ability to support any

21 future requirements for vehicles with solid rocket mo22 tors to support space launch, missile defense, or any

23 range of ballistic missiles determined to be necessary

24 to meet defense needs or other requirements of the

25 United States Government.
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1 (5) An assessment of the required materials, the

2 supplier base, the production facilities, and the pro3 duction workforce needed to ensure that current and

4 future requirements could be met.

5 (6) An assessment of the adequacy of the current

6 and anticipated programs to support an industrial

7 base that would be needed to support the range of fu8 ture requirements.

9 (c) COMPTROLLER GENERAL REVIEW.—Not later than

10 60 days after submittal under subsection (a) of the report

11 required by that subsection, the Comptroller General of the

12 United States shall submit to the congressional defense com13 mittees a report setting forth the Comptroller General’s as14 sessment of the matters contained in the report under sub15 section (a), including an assessment of the consistency of

16 the budget of the President for fiscal year 2009, as sub17 mitted to Congress pursuant to section 1105 of title 31,

18 United States Code, with the matters contained in the re19 port under subsection (a).

20 SEC. 1087. JUSTICE FOR MARINES AND OTHER VICTIMS OF

21 STATE-SPONSORED TERRORISM ACT.

22 (a) SHORT TITLE.—This section may be cited as the

23 ‘‘Justice for Marines and Other Victims of State-Sponsored

24 Terrorism Act’’.

25 (b) TERRORISM EXCEPTION TO IMMUNITY.—
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1 (1) IN GENERAL.—Chapter 97 of title 28, United

2 States Code, is amended by inserting after section

3 1605 the following:

4 ‘‘§ 1605A. Terrorism exception to the jurisdictional im5 munity of a foreign state

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) NO IMMUNITY.—A foreign state shall not be

8 immune from the jurisdiction of courts of the United

9 States or of the States in any case not otherwise cov10 ered by this chapter in which money damages are

11 sought against a foreign state for personal injury or

12 death that was caused by an act of torture,

13 extrajudicial killing, aircraft sabotage, hostage taking,

14 or the provision of material support or resources (as

15 defined in section 2339A of title 18) for such an act

16 if such act or provision of material support is en17 gaged in by an official, employee, or agent of such

18 foreign state while acting within the scope of his or

19 her office, employment, or agency.

20 ‘‘(2) CLAIM HEARD.—The court shall hear a

21 claim under this section if—

22 ‘‘(A) the foreign state was designated as a

23 state sponsor of terrorism under section 6(j) of

24 the Export Administration Act of 1979 (50

25 U.S.C. App. 2405 (j)) or section 620A of the For-
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1 eign Assistance Act of 1961 (22 U.S.C. 2371) at

2 the time the act occurred, unless later designated

3 as a result of such act;

4 ‘‘(B) the claimant or the victim was—

5 ‘‘(i) a national of the United States (as

6 that term is defined in section 101(a)(22) of

7 the Immigration and Nationality Act (8

8 U.S.C. 1101(a)(22));

9 ‘‘(ii) a member of the Armed Forces of

10 the United States (as that term is defined

11 in section 976 of title 10); or

12 ‘‘(iii) otherwise an employee of the gov13 ernment of the United States or one of its

14 contractors acting within the scope of their

15 employment when the act upon which the

16 claim is based occurred; or

17 ‘‘(C) where the act occurred in the foreign

18 state against which the claim has been brought,

19 the claimant has afforded the foreign state a rea20 sonable opportunity to arbitrate the claim in ac21 cordance with the accepted international rules of

22 arbitration.

23 ‘‘(b) DEFINITION.—For purposes of this section—

24 ‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’

25 have the meaning given those terms in section 3 of the
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1 Torture Victim Protection Act of 1991 (28 U.S.C.

2 1350 note);

3 ‘‘(2) the term ‘hostage taking’ has the meaning

4 given that term in Article 1 of the International Con5 vention Against the Taking of Hostages; and

6 ‘‘(3) the term ‘aircraft sabotage’ has the meaning

7 given that term in Article 1 of the Convention for the

8 Suppression of Unlawful Acts Against the Safety of

9 Civil Aviation.

10 ‘‘(c) TIME LIMIT.—An action may be brought under

11 this section if the action is commenced not later than the

12 latter of—

13 ‘‘(1) 10 years after April 24, 1996; or

14 ‘‘(2) 10 years from the date on which the cause

15 of action arose.

16 ‘‘(d) PRIVATE RIGHT OF ACTION.—A private cause of

17 action may be brought against a foreign state designated

18 under section 6(j) of the Export Administration Act of 1979

19 (50 U.S.C. 2405(j)), and any official, employee, or agent

20 of said foreign state while acting within the scope of his

21 or her office, employment, or agency which shall be liable

22 to a national of the United States (as that term is defined

23 in section 101(a)(22) of the Immigration and Nationality

24 Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces

25 of the United States (as that term is defined in section 976
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1 of title 10), or an employee of the government of the United

2 States or one of its contractors acting within the scope of

3 their employment or the legal representative of such a per4 son for personal injury or death caused by acts of that for5 eign state or its official, employee, or agent for which the

6 courts of the United States may maintain jurisdiction

7 under this section for money damages which may include

8 economic damages, solatium, pain, and suffering, and pu9 nitive damages if the acts were among those described in

10 this section. A foreign state shall be vicariously liable for

11 the actions of its officials, employees, or agents.

12 ‘‘(e) ADDITIONAL DAMAGES.—After an action has been

13 brought under subsection (d), actions may also be brought

14 for reasonably foreseeable property loss, whether insured or

15 uninsured, third party liability, and life and property in16 surance policy loss claims.

17 ‘‘(f) SPECIAL MASTERS.—

18 ‘‘(1) IN GENERAL.—The Courts of the United

19 States may from time to time appoint special masters

20 to hear damage claims brought under this section.

21 ‘‘(2) TRANSFER OF FUNDS.—The Attorney Gen22 eral shall transfer, from funds available for the pro23 gram under sections 1404C of the Victims Crime Act

24 of 1984 (42 U.S.C. 10603c) to the Administrator of

25 the United States District Court in which any case
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1 is pending which has been brought pursuant to sec2 tion 1605(a)(7) such funds as may be required to

3 carry out the Orders of that United States District

4 Court appointing Special Masters in any case under

5 this section. Any amount paid in compensation to

6 any such Special Master shall constitute an item of

7 court costs.

8 ‘‘(g) APPEAL.—In an action brought under this sec9 tion, appeals from orders not conclusively ending the litiga10 tion may only be taken pursuant to section 1292(b) of this

11 title.

12 ‘‘(h) PROPERTY DISPOSITION.—

13 ‘‘(1) IN GENERAL.—In every action filed in a

14 United States district court in which jurisdiction is

15 alleged under this section, the filing of a notice of

16 pending action pursuant to this section, to which is

17 attached a copy of the complaint filed in the action,

18 shall have the effect of establishing a lien of lis

19 pendens upon any real property or tangible personal

20 property located within that judicial district that is

21 titled in the name of any defendant, or titled in the

22 name of any entity controlled by any such defendant

23 if such notice contains a statement listing those con24 trolled entities.
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1 ‘‘(2) NOTICE.—A notice of pending action pursu2 ant to this section shall be filed by the clerk of the dis3 trict court in the same manner as any pending action

4 and shall be indexed by listing as defendants all

5 named defendants and all entities listed as controlled

6 by any defendant.

7 ‘‘(3) ENFORCEABILITY.—Liens established by

8 reason of this subsection shall be enforceable as pro9 vided in chapter 111 of this title.’’.

10 (2) AMENDMENT TO CHAPTER ANALYSIS.—The

11 chapter analysis for chapter 97 of title 28, United

12 States Code, is amended by inserting after the item

13 for section 1605 the following:

‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’.

14 (c) CONFORMING AMENDMENTS.—

15 (1) PROPERTY.—Section 1610 of title 28, United

16 States Code, is amended by adding at the end the fol17 lowing:

18 ‘‘(g) PROPERTY IN CERTAIN ACTIONS.—

19 ‘‘(1) IN GENERAL.—The property of a foreign

20 state, or agency or instrumentality of a foreign state,

21 against which a judgment is entered under this sec22 tion, including property that is a separate juridical

23 entity, is subject to execution upon that judgment as

24 provided in this section, regardless of—
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1 ‘‘(A) the level of economic control over the

2 property by the government of the foreign state;

3 ‘‘(B) whether the profits of the property go

4 to that government;

5 ‘‘(C) the degree to which officials of that

6 government manage the property or otherwise

7 control its daily affairs;

8 ‘‘(D) whether that government is the sole

9 beneficiary in interest of the property; or

10 ‘‘(E) whether establishing the property as a

11 separate entity would entitle the foreign state to

12 benefits in United States courts while avoiding

13 its obligations.

14 ‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN15 APPLICABLE.—Any property of a foreign state, or

16 agency or instrumentality of a foreign state, to which

17 paragraph (1) applies shall not be immune from exe18 cution upon a judgment entered under this section be19 cause the property is regulated by the United States

20 Government by reason of action taken against that

21 foreign state under the Trading With the Enemy Act

22 or the International Emergency Economic Powers

23 Act.’’.

24 (2) VICTIMS OF CRIME ACT.—Section

25 1404C(a)(3) of the Victims of Crime Act of 1984 (42
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1 U.S.C. 10603c(a)(3)) is amended by striking ‘‘Decem2 ber 21, 1988, with respect to which an investigation

3 or’’ and inserting ‘‘October 23, 1983, with respect to

4 which an investigation or civil or criminal’’.

5 (3) GENERAL EXCEPTION.—Section 1605 of title

6 28, United States Code, is amended—

7 (A) in subsection (a)—

8 (i) in paragraph (5)(B), by inserting

9 ‘‘or’’ after the semicolon;

10 (ii) in paragraph (6)(D), by striking

11 ‘‘; or’’ and inserting a period; and

12 (iii) by striking paragraph (7); and

13 (B) by striking subsections (e) and (f).

14 (d) APPLICATION TO PENDING CASES.—

15 (1) IN GENERAL.—The amendments made by

16 this section shall apply to any claim arising under

17 section 1605A or 1605(g) of title 28, United States

18 Code, as added by this section.

19 (2) PRIOR ACTIONS.—Any judgment or action

20 brought under section 1605(a)(7) of title 28, United

21 States Code, or section 101(c) of Public Law 104–208

22 after the effective date of such provisions relying on

23 either of these provisions as creating a cause of ac24 tion, which has been adversely affected on the grounds

25 that either or both of these provisions fail to create a
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1 cause of action opposable against the state, and which

2 is still before the courts in any form, including ap3 peal or motion under Federal Rule of Civil Procedure

4 60(b), shall, on motion made to the Federal District

5 Court where the judgment or action was initially en6 tered, be given effect as if it had originally been filed

7 pursuant to section 1605A(d) of title 28, United

8 States Code. The defenses of res judicata, collateral es9 toppel and limitation period are waived in any re10 filed action described in this paragraph and based on

11 the such claim. Any such motion or re-filing must be

12 made not later than 60 days after enactment of this

13 Act.

14 SEC. 1088. SMALL HIGH-TECH FIRMS.

15 Section 9(m) of the Small Business Act (15 U.S.C.

16 638(m)) is amended by striking ‘‘2008’’ and inserting

17 ‘‘2010’’.

18 SEC. 1089. INCREASED AUTHORITY FOR REPAIR, RESTORA19 TION, AND PRESERVATION OF LAFAYETTE ES20 CADRILLE MEMORIAL, MARNES-LA-CO21 QUETTE, FRANCE.

22 Section 1065 of the National Defense Authorization

23 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

24 1233) is amended—
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1 (1) in subsection (a)(2), by striking

2 ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and

3 (2) in subsection (e), by striking ‘‘under section

4 301(a)(4)’’.

5 SEC. 1090. RETENTION OF REIMBURSEMENT FOR PROVI6 SION OF RECIPROCAL FIRE PROTECTION

7 SERVICES.

8 Section 5 of the Act of May 27, 1955 (chapter 105;

9 69 Stat. 67; 42 U.S.C. 1856d) is amended—

10 (1) by striking ‘‘Funds’’ and inserting ‘‘(a)

11 Funds’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) Notwithstanding the provisions of subsection (a),

15 all sums received for any Department of Defense activity

16 for fire protection rendered pursuant to this Act shall be

17 credited to the appropriation fund or account from which

18 the expenses were paid. Amounts so credited shall be merged

19 with funds in such appropriation fund or account and shall

20 be available for the same purposes and subject to the same

21 limitations as the funds with which the funds are merged.’’.

22 SEC. 1091. NATIONAL CENTER FOR HUMAN PERFORMANCE.

23 The scientific institute to perform research and edu24 cation in medicine and related sciences to enhance human

25 performance that is located at the Texas Medical Center
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1 shall hereafter be known as the ‘‘National Center for

2 Human Performance’’. Nothing in this section shall be con3 strued to convey on such institute status as a center of excel4 lence under the Public Health Service Act or as a center

5 of the national institutes of health under title IV of such

6 Act.

7 SEC. 1092. DEFINITION OF ALTERNATIVE FUELED VEHICLE.

8 Section 301(3) of the Energy Policy Act of 1992 (42

9 U.S.C. 13211(3)) is amended—

10 (1) by striking ‘‘(3) the term’’ and inserting the

11 following:

12 ‘‘(3) ALTERNATIVE FUELED VEHICLE.—

13 ‘‘(A) IN GENERAL.—The term’’; and

14 (2) by adding at the end the following:

15 ‘‘(B) INCLUSIONS.—The term ‘alternative

16 fueled vehicle’ includes—

17 ‘‘(i) a new qualified fuel cell motor ve18 hicle (as defined in section 30B(b)(3) of the

19 Internal Revenue Code of 1986);

20 ‘‘(ii) a new advanced lean burn tech21 nology motor vehicle (as defined in section

22 30B(c)(3) of that Code);

23 ‘‘(iii) a new qualified hybrid motor ve24 hicle (as defined in section 30B(d)(3) of

25 that Code); and
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1 ‘‘(iv) any other type of vehicle that the

2 agency demonstrates to the Secretary would

3 achieve a significant reduction in petroleum

4 consumption.’’.

5 SEC. 1093. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS

6 FOR FAMILY MEMBERS OF INDIVIDUALS PER7 FORMING CERTAIN MILITARY SERVICE.

8 (a) FEDERAL EMPLOYEES PROGRAM.—

9 (1) DEFINITIONS.—In this subsection:

10 (A) CAREGIVER.—The term ‘‘caregiver’’

11 means an individual who—

12 (i) is an employee;

13 (ii) is at least 21 years of age; and

14 (iii) is capable of self care and care of

15 children or other dependent family members

16 of a qualified member of the Armed Forces.

17 (B) COVERED PERIOD OF SERVICE.—The

18 term ‘‘covered period of service’’ means any pe19 riod of service performed by an employee as a

20 caregiver while the individual who designated

21 the caregiver under paragraph (3) remains a

22 qualified member of the Armed Forces.

23 (C) EMPLOYEE.—The term ‘‘employee’’ has

24 the meaning given under section 6331 of title 5,

25 United States Code.
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1 (D) FAMILY MEMBER.—The term ‘‘family

2 member’’ includes—

3 (i) individuals for whom the qualified

4 member of the Armed Forces provides med5 ical, financial, and logistical support (such

6 as housing, food, clothing, or transpor7 tation); and

8 (ii) children under the age of 18 years,

9 elderly adults, persons with disabilities, and

10 other persons with a mental or physical dis11 ability, who are unable to care for them12 selves in the absence of the qualified member

13 of the Armed Forces.

14 (E) QUALIFIED MEMBER OF THE ARMED

15 FORCES.—The term ‘‘qualified member of the

16 Armed Forces’’ means—

17 (i) a member of a reserve component of

18 the Armed Forces as described under section

19 10101 of title 10, United States Code, who

20 has received notice to report to, or is serving

21 on, active duty in the Armed Forces in sup22 port of a contingency operation as defined

23 under section 101(a)(13) of title 10, United

24 States Code; or
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1 (ii) a member of the Armed Forces on

2 active duty who is eligible for hostile fire or

3 imminent danger special pay under section

4 310 of title 37, United States Code.

5 (2) ESTABLISHMENT OF PROGRAM.—The Office

6 of Personnel Management may establish a program to

7 authorize a caregiver to use under paragraph (4)—

8 (A) any sick leave of that caregiver during

9 a covered period of service; and

10 (B) any leave available to that caregiver

11 under subchapter III or IV of chapter 63 of title

12 5, United States Code, during a covered period

13 of service.

14 (3) DESIGNATION OF CAREGIVER.—

15 (A) IN GENERAL.—A qualified member of

16 the Armed Forces shall submit a written des17 ignation of the individual who is the caregiver

18 for any family member of that member of the

19 Armed Forces during a covered period of service

20 to—

21 (i) the employing agency; and

22 (ii) the uniformed service of which the

23 individual is a member.

24 (B) DESIGNATION OF SPOUSE.—Notwith25 standing paragraph (1)(A)(ii), an individual
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1 less than 21 years of age may be designated as

2 a caregiver if that individual is the spouse of the

3 qualified member of the Armed Forces making

4 the designation.

5 (4) USE OF CAREGIVER LEAVE.—Leave may only

6 be used under this subsection for purposes directly re7 lating to, or resulting from, the giving of care by the

8 employee to a family member under the designation

9 of the employee as the caregiver for the family mem10 ber.

11 (5) REGULATIONS.—Not later than 120 days

12 after the date of enactment of this Act, the Office of

13 Personnel Management shall prescribe regulations to

14 carry out this subsection, including a definition of ac15 tivities that qualify as the giving of care.

16 (6) TERMINATION.—The program under this sub17 section shall terminate on December 31, 2010.

18 (b) VOLUNTARY PRIVATE SECTOR LEAVE PROGRAM.—

19 (1) DEFINITIONS.—In this subsection:

20 (A) CAREGIVER.—The term ‘‘caregiver’’

21 means an individual who—

22 (i) is an employee;

23 (ii) is at least 21 years of age; and
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1 (iii) is capable of self care and care of

2 children or other dependent family members

3 of a qualified member of the Armed Forces.

4 (B) COVERED PERIOD OF SERVICE.—The

5 term ‘‘covered period of service’’ means any pe6 riod of service performed by an employee as a

7 caregiver while the individual who designated

8 the caregiver under paragraph (4) remains a

9 qualified member of the Armed Forces.

10 (C) EMPLOYEE.—The term ‘‘employee’’

11 means an employee of a business entity partici12 pating in the program under this subsection.

13 (D) FAMILY MEMBER.—The term ‘‘family

14 member’’ includes—

15 (i) individuals for whom the qualified

16 member of the Armed Forces provides med17 ical, financial, and logistical support (such

18 as housing, food, clothing, or transpor19 tation); and

20 (ii) children under the age of 18 years,

21 elderly adults, persons with disabilities, and

22 other persons with a mental or physical dis23 ability, who are unable to care for them24 selves in the absence of the qualified member

25 of the Armed Forces.
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1 (E) QUALIFIED MEMBER OF THE ARMED

2 FORCES.—The term ‘‘qualified member of the

3 Armed Forces’’ means—

4 (i) a member of a reserve component of

5 the Armed Forces as described under section

6 10101 of title 10, United States Code, who

7 has received notice to report to, or is serving

8 on, active duty in the Armed Forces in sup9 port of a contingency operation as defined

10 under section 101(a)(13) of title 10, United

11 States Code; or

12 (ii) a member of the Armed Forces on

13 active duty who is eligible for hostile fire or

14 imminent danger special pay under section

15 310 of title 37, United States Code.

16 (2) ESTABLISHMENT OF PROGRAM.—

17 (A) IN GENERAL.—The Secretary of Labor

18 may establish a program to authorize employees

19 of business entities described under paragraph

20 (3) to use sick leave, or any other leave available

21 to an employee, during a covered period of serv22 ice for purposes relating to, or resulting from,

23 the giving of care by the employee to a family

24 member under the designation of the employee as

25 the caregiver for the family member.
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1 (B) EXCEPTION.—Subparagraph (A) shall

2 not apply to leave made available under the

3 Family and Medical Leave Act of 1993 (29

4 U.S.C. 2601 et seq.).

5 (3) VOLUNTARY BUSINESS PARTICIPATION.—The

6 Secretary of Labor shall solicit business entities to

7 voluntarily participate in the program under this

8 subsection.

9 (4) DESIGNATION OF CAREGIVER.—

10 (A) IN GENERAL.—A qualified member of

11 the Armed Forces shall submit a written des12 ignation of the individual who is the caregiver

13 for any family member of that member of the

14 Armed Forces during a covered period of service

15 to—

16 (i) the employing business entity; and

17 (ii) the uniformed service of which the

18 individual is a member.

19 (B) DESIGNATION OF SPOUSE.—Notwith20 standing paragraph (1)(A)(ii), an individual

21 less than 21 years of age may be designated as

22 a caregiver if that individual is the spouse of the

23 qualified member of the Armed Forces making

24 the designation.
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1 (5) USE OF CAREGIVER LEAVE.—Leave may only

2 be used under this subsection for purposes directly re3 lating to, or resulting from, the giving of care by the

4 employee to a family member under the designation

5 of the employee as the caregiver for the family mem6 ber.

7 (6) REGULATIONS.—Not later than 120 days

8 after the date of enactment of this Act, the Secretary

9 of Labor shall prescribe regulations to carry out this

10 subsection.

11 (7) TERMINATION.—The program under this sub12 section shall terminate on December 31, 2010.

13 (c) GAO REPORT.—Not later than March 31, 2010,

14 the Government Accountability Office shall submit a report

15 to Congress on the programs under subsections (a) and (b)

16 that includes—

17 (1) an evaluation of the success of each program;

18 and

19 (2) recommendations for the continuance or ter20 mination of each program.

21 SEC. 1094. PILOT PROGRAM ON COMMERCIAL FEE-FOR22 SERVICE AIR REFUELING SUPPORT FOR THE

23 AIR FORCE.

24 (a) PILOT PROGRAM REQUIRED.—The Secretary of

25 Air Force shall, commencing as soon as practicable after
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1 the date of the enactment of this Act, conduct a pilot pro2 gram to assess the feasability and advisability of utilizing

3 commercial fee-for-service air refueling tanker aircraft for

4 Air Force operations.

5 (b) PURPOSE.—

6 (1) IN GENERAL.—The purpose of the pilot pro7 gram required by subsection (a) is to support, aug8 ment, or enhance the air refueling mission of the Air

9 Force by utilizing commercial air refueling providers

10 on a fee-for-service basis.

11 (2) ELEMENTS.—In order to achieve the purpose

12 of the pilot program, the pilot program shall—

13 (A) demonstrate and validate a comprehen14 sive strategy for air refueling on a fee-for-service

15 basis by utilizing all appropriate aircraft in

16 mission areas including testing support, training

17 support to receivers, homeland defense support,

18 deployment support, air bridge support,

19 aeromedical evacuation, and emergency air re20 fueling; and

21 (B) integrate fee-for-service air refueling de22 scribed in paragraph (1) into Air Mobility Com23 mand operations.

24 (c) COMPETITIVE PROVIDERS.—The pilot program

25 shall include the services of not more than three commercial
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1 air refueling providers selected by the Secretary for the pilot

2 program utilizing competitive procedures.

3 (d) MINIMUM NUMBER OF AIRCRAFT.—Each provider

4 selected for the pilot program shall utilize no fewer than

5 two air refueling aircraft in participating in the pilot pro6 gram.

7 (e) AIRCRAFT UTILIZATION.—The pilot program shall

8 provide for a minimum of 1,200 flying hours per year per

9 air refueling aircraft participating in the pilot program.

10 (f) DURATION.—The period of the pilot program shall

11 be not less than five years after the commencement of the

12 pilot program.

13 (g) REPORT.—The Secretary of the Air Force shall

14 provide to the Congressional Defense Committees an annual

15 report on the fee-for-service air refueling program to in16 clude:

17 (1) missions flown;

18 (2) mission areas supported;

19 (3) aircraft number, type, model series sup20 ported;

21 (4) fuel dispensed;

22 (5) departure reliability rates; and

23 (6) any other data as appropriate for evaluating

24 performance of the commercial air refueling pro25 viders.
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1 SEC. 1095. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

2 (a) ESTABLISHMENT.—The Secretary of Defense may,

3 to the extent consistent with the final recommendations of

4 the 2005 Defense Base Closure and Realignment Commis5 sion as approved by the President, establish a Joint Pathol6 ogy Center located at the National Naval Medical Center

7 in Bethesda, Maryland, that shall function as the reference

8 center in pathology for the Department of Defense.

9 (b) SERVICES.—The Joint Pathology Center, if estab10 lished, shall provide, at a minimum, the following services:

11 (1) Diagnostic pathology consultation.

12 (2) Pathology education, to include graduate

13 medical education, including residency and fellowship

14 programs, and continuing medical education.

15 (3) Diagnostic pathology research.

16 (4) Maintenance and continued modernization of

17 the Tissue Repository and, as appropriate, utilization

18 of such Repository in conducting the activities de19 scribed in paragraphs (1) through (3).

20 SEC. 1096. REPORT ON FEASIBILITY OF ESTABLISHING A

21 DOMESTIC MILITARY AVIATION NATIONAL

22 TRAINING CENTER.

23 (a) IN GENERAL.—Not later than March 31, 2008, the

24 Secretary of Defense shall submit to the congressional de25 fense committees a report to determine the feasibility of es26 tablishing a Border State Aviation Training Center
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1 (BSATC) to support the current and future requirements

2 of the existing RC–26 training site for counterdrug activi3 ties, located at the Fixed Wing Army National Guard Avia4 tion Training Site (FWAATS), including the domestic re5 connaissance and surveillance missions of the National

6 Guard in support of local, State, and Federal law enforce7 ment agencies, provided that the activities to be conducted

8 at the BSATC shall not duplicate or displace any activity

9 or program at the RC–26 training site or the FWAATS.

10 (b) CONTENT.—The report required under subsection

11 (a) shall—

12 (1) examine the current and past requirements of

13 RC–26 aircraft in support of local, State, and Fed14 eral law enforcement and determine the number of

15 additional aircraft required to provide such support

16 for each State that borders Canada, Mexico, or the

17 Gulf of Mexico;

18 (2) determine the number of military and civil19 ian personnel required to run a RC–26 domestic

20 training center meeting the requirements identified

21 under paragraph (1);

22 (3) determine the requirements and cost of locat23 ing such a training center at a military installation

24 for the purpose of preempting and responding to secu25 rity threats and responding to crises; and
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1 (4) include a comprehensive review of the num2 ber of intelligence, reconnaissance and surveillance

3 platforms needed for the National Guard to effectively

4 provide domestic operations and civil support (in5 cluding homeland defense and counterdrug) to local,

6 State, and Federal law enforcement and first re7 sponder entities.

8 (c) CONSULTATION.—In preparing the report required

9 under subsection (a), the Secretary of Defense shall consult

10 with the Adjutant General of each State that borders Can11 ada, Mexico, or the Gulf of Mexico, the Adjutant General

12 of the State of West Virginia, and the National Guard Bu13 reau.

14 TITLE XI—CIVILIAN PERSONNEL

15 MATTERS

16 SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EM17 PLOYEES FOR CERTAIN TRAVEL HOURS.

18 Section 5544(a) of title 5, United States Code, is

19 amended in the third sentence in the matter following para20 graph (3) by inserting ‘‘, including travel by the employee

21 to such event and the return of the employee from such event

22 to the employee’s official duty station,’’ after ‘‘event’’.
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1 SEC. 1102. RETIREMENT SERVICE CREDIT FOR SERVICE AS

2 CADET OR MIDSHIPMAN AT A MILITARY SERV3 ICE ACADEMY.

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

5 8331(13) of title 5, United States Code, is amended by strik6 ing ‘‘but’’ and inserting ‘‘and includes service as a cadet

7 at the United States Military Academy, the United States

8 Air Force Academy, or the United States Coast Guard

9 Academy, or as a midshipman at the United States Naval

10 Academy, but’’.

11 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

12 Section 8401(31) of such title is amended by striking ‘‘but’’

13 and inserting ‘‘and includes service as a cadet at the United

14 States Military Academy, the United States Air Force

15 Academy, or the United States Coast Guard Academy, or

16 as a midshipman at the United States Naval Academy,

17 but’’.

18 (c) APPLICABILITY.—The amendments made by this

19 section shall apply to—

20 (1) any annuity, eligibility for which is based

21 upon a separation occurring before, on, or after the

22 date of enactment of this Act; and

23 (2) any period of service as a cadet at the

24 United States Military Academy, the United States

25 Air Force Academy, or the United States Coast

26 Guard Academy, or as a midshipman at the United
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1 States Naval Academy, occurring before, on, or after

2 the date of enactment of this Act.

3 SEC. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE

4 FOR FEDERAL EMPLOYEES CALLED TO AC5 TIVE DUTY.

6 Section 8706(b) of title 5, United States Code, is

7 amended by adding at the end the following new paragraph:

8 ‘‘(5) In the case of an employee enrolled in life insur9 ance under this chapter who is a member of a reserve com10 ponent of the armed forces called or ordered to active duty,

11 is placed on leave without pay to perform active duty pur12 suant to such call or order, and serves on active duty pursu13 ant to such call or order for a period of more than 30 con14 secutive days, the life insurance of the employee under this

15 chapter may continue for up to 24 months after discontinu16 ance of pay by reason of the performance of such active

17 duty.’’.

18 SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY

19 PERSONNEL SYSTEM.

20 (a) EXCLUSION OF WAGE-GRADE EMPLOYEES.—Sub21 section (b) of section 9902 of title 5, United States Code,

22 is amended—

23 (1) by redesignating paragraphs (4), (5), and (6)

24 as paragraphs (5), (6), and (7), respectively; and
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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4):

3 ‘‘(4) not apply to any prevailing rate employees,

4 as defined in section 5342(a)(2);’’.

5 (b) CLARIFICATION OF REQUIREMENTS REGARDING

6 LABOR-MANAGEMENT RELATIONS.—

7 (1) IN GENERAL.—Such section is further

8 amended by striking subsection (m).

9 (2) CONFORMING AMENDMENTS.—Such section is

10 further amended—

11 (A) in subsection (f)(1)(D)(i), by inserting

12 ‘‘subject to the requirements of chapter 71,’’ be13 fore ‘‘develop a method’’; and

14 (B) in subsection (g)(2)—

15 (i) in subparagraph (B), by inserting

16 ‘‘and’’ at the end;

17 (ii) in subparagraph (C), by striking

18 ‘‘; and’’ and inserting a period; and

19 (iii) by striking subparagraph (D).

20 (3) CONSTRUCTION OF PAY ESTABLISHMENT OR

21 ADJUSTMENT.—Subsection (e) of such section is

22 amended by adding at the end the following new

23 paragraph:
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1 ‘‘(6) Any rate of pay established or adjusted in accord2 ance with the requirements of this section shall be a matter

3 covered by section 7103(a)(14)(C) of this title.’’.

4 SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM

5 PAY FOR FEDERAL CIVILIAN EMPLOYEES

6 WORKING OVERSEAS UNDER AREAS OF

7 UNITED STATES CENTRAL COMMAND.

8 (a) WAIVER AUTHORITY.—

9 (1) IN GENERAL.—Notwithstanding section 5547

10 of title 5, United States Code, during 2008, the head

11 of an Executive agency (as that term is defined in

12 section 105 of title 5, United States Code) may waive

13 limitations on total compensation, including limita14 tions on the aggregate of basic pay and premium pay

15 payable in a calendar year, to an employee who per16 forms work while in an overseas location that is in

17 the area of responsibility of the Commander of the

18 United States Central Command in direct support of,

19 or directly related to—

20 (A) a military operation, including a con21 tingency operation; or

22 (B) an operation in response to a declared

23 emergency.

24 (2) LIMITATION.—The total compensation pay25 able to an employee pursuant to a waiver under this
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1 subsection in a calendar year may not exceed

2 $212,100.

3 (b) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—

4 To the extent that a waiver under subsection (a) results in

5 payment of additional premium pay of a type that is nor6 mally creditable as basic pay for retirement or any other

7 purpose, such additional pay shall not be considered to be

8 basic pay for any purpose, nor shall such additional pay

9 be used in computing a lump-sum payment for accumu10 lated and accrued annual leave under section 5551 of title

11 5, United States Code.

12 (c) REGULATIONS.—The Director of the Office of Per13 sonnel Management may prescribe regulations to ensure ap14 propriate consistency among heads of Executive agencies in

15 the exercise of the authority granted by this section.

16 SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE

17 OF DEFENSE RESEARCH AND ENGINEERING

18 POSITIONS IN EXPERIMENTAL PERSONNEL

19 PROGRAM FOR SCIENTIFIC AND TECHNICAL

20 PERSONNEL.

21 Section 1101(b)(1) of the Strom Thurmond National

22 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C.

23 3104 note) is amended—

24 (1) in subparagraph (B), by striking ‘‘and’’ at

25 the end;
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1 (2) in subparagraph (C), by adding ‘‘and’’ at the

2 end; and

3 (3) by adding after subparagraph (C) the fol4 lowing new subparagraph (D):

5 ‘‘(D) not more than a total of 20 scientific

6 and engineering positions in the Office of the Di7 rector of Defense Research and Engineering;’’.

8 SEC. 1107. REPEAL OF AUTHORITY FOR PAYMENT OF UNI9 FORM ALLOWANCE TO CIVILIAN EMPLOYEES

10 OF THE DEPARTMENT OF DEFENSE.

11 (a) REPEAL.—Section 1593 of title 10, United States

12 Code, is repealed.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 81 of such title is amended by

15 striking the item relating to section 1593.

16 SEC. 1108. AUTHORIZATION FOR INCREASED COMPENSA17 TION FOR FACULTY AND STAFF OF THE UNI18 FORMED SERVICES UNIVERSITY OF THE

19 HEALTH SCIENCES.

20 Section 2113(f) of title 10, United States Code, is

21 amended—

22 (1) in paragraph (1)—

23 (A) by striking ‘‘so as’’ and inserting ‘‘after

24 consideration of the compensation necessary’’;

25 and
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1 (B) by striking ‘‘within the vicinity of the

2 District of Columbia’’ and inserting ‘‘identified

3 by the Secretary for purposes of this paragraph’’;

4 and

5 (2) in paragraph (4)—

6 (A) by striking ‘‘section 5373’’ and insert7 ing ‘‘sections 5307 and 5373’’; and

8 (B) by adding at the end the following new

9 sentence: ‘‘In no case may the total amount of

10 compensation paid under paragraph (1) in any

11 year exceed the total amount of annual com12 pensation (excluding expenses) specified in sec13 tion 102 of title 3.’’.

14 TITLE XII—MATTERS RELATING

15 TO FOREIGN NATIONS

16 Subtitle A—Assistance and

17 Training

18 SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PER19 SONNEL TO ASSIST IN ACCOUNTING FOR

20 MISSING UNITED STATES PERSONNEL.

21 (a) IN GENERAL.—Chapter 20 of title 10, United

22 States Code, is amended by adding at the end the following

23 new section:
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1 ‘‘§ 408. Equipment and training of foreign personnel

2 to assist in Department of Defense ac3 counting for missing United States per4 sonnel

5 ‘‘(a) IN GENERAL.—The Secretary of Defense may,

6 with the concurrence of the Secretary of State, provide as7 sistance to any foreign nation to assist the Department of

8 Defense with recovery of and accounting for missing United

9 States personnel.

10 ‘‘(b) TYPES OF ASSISTANCE.—The assistance provided

11 under subsection (a) may include the following:

12 ‘‘(1) Equipment.

13 ‘‘(2) Supplies.

14 ‘‘(3) Services.

15 ‘‘(4) Training of personnel.

16 ‘‘(c) LIMITATION.—The amount of assistance provided

17 under this section in any fiscal year may not exceed

18 $1,000,000.

19 ‘‘(d) CONSTRUCTION WITH OTHER ASSISTANCE.—The

20 authority to provide assistance under this section is in ad21 dition to any other authority to provide assistance to for22 eign nations under law.

23 ‘‘(e) ANNUAL REPORTS.—(1) Not later than December

24 31 each year, the Secretary of Defense shall submit to the

25 congressional defense committees a report on the assistance
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1 provided under this section during the fiscal year ending

2 in such year.

3 ‘‘(2) Each report under paragraph (1) shall include,

4 for the fiscal year covered by such report, the following:

5 ‘‘(A) A statement of each foreign nation provided

6 assistance under this section.

7 ‘‘(B) For each nation so provided assistance, a

8 description of the type and amount of such assist9 ance.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 20 of such title is amended by add12 ing at the end the following new item:

‘‘408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States personnel.’’.

13 (c) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on October 1, 2007.

15 SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY

16 FOR SECURITY AND STABILIZATION ASSIST17 ANCE.

18 (a) INCREASE IN AMOUNT OF AUTHORIZED ASSIST19 ANCE.—Subsection (b) of section 1207 of the National De20 fense Authorization Act for Fiscal Year 2006 (Public Law

21 109–163; 119 Stat. 3458) is amended by striking

22 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’.

23 (b) PROGRAM FOR ASSISTANCE.—Such section is fur24 ther amended—
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1 (1) by redesignating subsections (d), (e), and (f)

2 as subsection (e), (f), and (g), respectively; and

3 (2) by inserting after subsection (c) the following

4 new subsection (d):

5 ‘‘(d) FORMULATION AND IMPLEMENTATION OF PRO6 GRAM FOR ASSISTANCE.—The Secretary of State shall co7 ordinate with the Secretary of Defense in the formulation

8 and implementation of a program of reconstruction, secu9 rity, or stabilization assistance to a foreign country that

10 involves the provision of services or transfer of defense arti11 cles or funds under subsection (a).’’.

12 (c) ONE-YEAR EXTENSION.—Subsection (g) of such

13 section, as redesignated by subsection (b) of this section, is

14 amended by striking ‘‘September 30, 2007’’ and inserting

15 ‘‘September 30, 2008’’.

16 (d) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on October 1, 2007.

18 SEC. 1203. COMMANDERS’ EMERGENCY RESPONSE PRO19 GRAM.

20 (a) AUTHORITY FOR FISCAL YEAR 2008.—During fis21 cal year 2008, from funds made available to the Depart22 ment of Defense for operation and maintenance for such

23 fiscal year, not to exceed $977,441,000 may be used by the

24 Secretary of Defense in such fiscal year to provide funds—
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1 (1) for the Commanders’ Emergency Response

2 Program in Iraq for the purpose of enabling United

3 States military commanders in Iraq to respond to ur4 gent humanitarian relief and reconstruction require5 ments within their areas of responsibility by carrying

6 out programs that will immediately assist the Iraqi

7 people; and

8 (2) for a similar program to assist the people of

9 Afghanistan.

10 (b) WAIVER AUTHORITY.—For purposes of exercising

11 the authority provided by this section or any other provi12 sion of law making funds available for the Commanders’

13 Emergency Response Program in Iraq or any similar pro14 gram to assist the people of Afghanistan, the Secretary may

15 waive any provision of law not contained in this section

16 that would (but for the waiver) prohibit, restrict, limit, or

17 otherwise constrain the exercise of that authority.

18 (c) QUARTERLY REPORTS.—Not later than 15 days

19 after the end of each fiscal-year quarter of fiscal year 2008,

20 the Secretary shall submit to the congressional defense com21 mittees a report regarding the source of funds and the allo22 cation and use of funds during that quarter that were made

23 available pursuant to the authority provided in this section

24 or under any other provision of law for the purposes of the

25 programs referred to in subsection (a).
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1 (d) SUBMITTAL OF MODIFICATIONS OF GUIDANCE.—

2 In the event any modification is made after the date of the

3 enactment of this Act in the guidance issued to the Armed

4 Forces by the Under Secretary of Defense (Comptroller) on

5 February 18, 2005, concerning the allocation of funds

6 through the Commanders’ Emergency Response Program in

7 Iraq and any similar program to assist the people of Af8 ghanistan, the Secretary shall submit to the congressional

9 defense committees a copy of such modification not later

10 than 15 days after the date of such modification.

11 SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT

12 ON GLOBAL PEACE OPERATIONS INITIATIVE.

13 (a) REPORT REQUIRED.—Not later than March 1,

14 2008, the Comptroller General of the United States shall

15 submit to the congressional defense committees, the Com16 mittee on Foreign Relations of the Senate, and the Com17 mittee on Foreign Affairs of the House of Representatives

18 a report assessing the Global Peace Operations Initiative.

19 (b) CONTENT.—The report required under subsection

20 (a) shall include the following:

21 (1) An assessment of whether, and to what ex22 tent, the Global Peace Operations Initiative has met

23 the goals set by the President at the inception of the

24 program in 2004.

25 (2) Which goals, if any, remain unfulfilled.
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1 (3) A description of activities conducted by each

2 member state of the Group of Eight (G–8), including

3 the approximate cost of the activities, and the approx4 imate percentage of the total monetary value of the

5 activities conducted by each G–8 member, including

6 the United States, as well as efforts by the President

7 to seek contributions or participation by other G–8

8 members.

9 (4) A description of any activities conducted by

10 non-G–8 members, or other organizations and institu11 tions, as well as any efforts by the President to solicit

12 contributions or participation.

13 (5) A description of the extent to which the Glob14 al Peace Operations Initiative has had global partici15 pation.

16 (6) A description of the administration of the

17 program by the Department of State and Department

18 of Defense, including—

19 (A) whether each Department should con20 centrate administration in one office or bureau,

21 and if so, which one;

22 (B) the extent to which the two Depart23 ments coordinate and the quality of their coordi24 nation; and
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1 (C) the extent to which contractors are used

2 and an assessment of the quality and timeliness

3 of the results achieved by the contractors, and

4 whether the United States Government might

5 have achieved similar or better results without

6 contracting out functions.

7 (7) A description of the metrics, if any, that are

8 used by the President and the G–8 to measure

9 progress in implementation of the Global Peace Oper10 ations Initiative, including—

11 (A) assessments of the quality and sustain12 ability of the training of individual soldiers and

13 units;

14 (B) the extent to which the G–8 and par15 ticipating countries maintain records or data16 bases of trained individuals and units and con17 duct inspections to measure and monitor the

18 continued readiness of such individuals and

19 units;

20 (C) the extent to which the individuals and

21 units are equipped and remain equipped to de22 ploy in peace operations; and

23 (D) the extent to which, the timeline by

24 which, and how individuals and units can be

25 mobilized for peace operations.
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1 (8) The extent to which, the timeline by which,

2 and how individuals and units can be and are being

3 deployed to peace operations.

4 (9) An assessment of whether individuals and

5 units trained under the Global Peace Operations Ini6 tiative have been utilized in peace operations subse7 quent to receiving training under the Initiative,

8 whether they will be deployed to upcoming operations

9 in Africa and elsewhere, and the extent to which such

10 individuals and units would be prepared to deploy

11 and participate in such peace operations.

12 (10) Recommendations as to whether participa13 tion in the Global Peace Operations Initiative should

14 require reciprocal participation by countries in peace

15 operations.

16 (11) Any additional measures that could be

17 taken to enhance the effectiveness of the Global Peace

18 Operations Initiative in terms of—

19 (A) achieving its stated goals; and

20 (B) ensuring that individuals and units

21 trained as part of the Initiative are regularly

22 participating in peace operations.
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1 SEC. 1205. REPEAL OF LIMITATIONS ON MILITARY ASSIST2 ANCE UNDER THE AMERICAN

3 SERVICEMEMBERS’ PROTECTION ACT OF 2002.

4 (a) REPEAL OF LIMITATIONS.—Section 2007 of the

5 American Servicemembers’ Protection Act of 2002 (22

6 U.S.C. 7426) is repealed.

7 (b) CONFORMING AMENDMENTS.—Such Act is further

8 amended—

9 (1) in section 2003 (22 U.S.C. 7422)—

10 (A) in subsection (a)—

11 (i) in the heading, by striking ‘‘SEC12 TIONS 5 AND 7’’ and inserting ‘‘SECTION

13 2005’’; and

14 (ii) by striking ‘‘sections 2005 and

15 2007’’ and inserting ‘‘section 2005’’;

16 (B) in subsection (b)—

17 (i) in the heading, by striking ‘‘SEC18 TIONS 5 AND 7’’ and inserting ‘‘SECTION

19 2005’’; and

20 (ii) by striking ‘‘sections 2005 and

21 2007’’ and inserting ‘‘section 2005’’;

22 (C) in subsection (c)(2)(A), by striking ‘‘sec23 tions 2005 and 2007’’ and inserting ‘‘section

24 2005’’;
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1 (D) in subsection (d), by striking ‘‘sections

2 2005 and 2007’’ and inserting ‘‘section 2005’’;

3 and

4 (E) in subsection (e), by striking ‘‘2006,

5 and 2007’’ and inserting ‘‘and 2006’’; and

6 (2) in section 2013 (22 U.S.C. 7432), by striking

7 paragraph (13).

8 Subtitle B—Other Authorities and

9 Limitations

10 SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS

11 UNDER COOPERATIVE RESEARCH AND DE12 VELOPMENT AGREEMENTS WITH NATO ORGA13 NIZATIONS AND OTHER ALLIED AND FRIEND14 LY FOREIGN COUNTRIES.

15 Section 2350a(e) of title 10, United States Code, is

16 amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘(A)’’;

19 (B) by striking ‘‘an arms cooperation op20 portunities document’’ and inserting ‘‘a coopera21 tive opportunities document before the first mile22 stone or decision point’’; and

23 (C) by striking subparagraph (B); and
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1 (2) in paragraph (2), by striking ‘‘An arms co2 operation opportunities document’’ and inserting ‘‘A

3 cooperative opportunities document’’.

4 SEC. 1212. EXTENSION AND EXPANSION OF TEMPORARY AU5 THORITY TO USE ACQUISITION AND CROSS6 SERVICING AGREEMENTS TO LEND MILITARY

7 EQUIPMENT FOR PERSONNEL PROTECTION

8 AND SURVIVABILITY.

9 (a) EXPANSION TO NATIONS ENGAGED IN CERTAIN

10 PEACEKEEPING OPERATIONS.—Subsection (a) of section

11 1202 of the John Warner National Defense Authorization

12 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat.

13 2412) is amended—

14 (1) in paragraph (1), by inserting ‘‘or partici15 pating in combined operations with the United States

16 as part of a peacekeeping operation under the Charter

17 of the United Nations or another international agree18 ment’’ after ‘‘Iraq or Afghanistan’’; and

19 (2) in paragraph (3) by inserting ‘‘, or in a

20 peacekeeping operation described in paragraph (1), as

21 applicable,’’ after ‘‘Iraq or Afghanistan’’.

22 (b) ONE-YEAR EXTENSION.—Subsection (e) of such

23 section is amended by striking ‘‘September 30, 2008’’ and

24 inserting ‘‘September 30, 2009’’.
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1 (c) CONFORMING AMENDMENT.—The heading of such

2 section is amended by striking ‘‘FOREIGN FORCES IN

3 IRAQ AND AFGHANISTAN’’ and inserting ‘‘CERTAIN

4 FOREIGN FORCES’’.

5 SEC. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERN6 MENT OF PALAU FOR COSTS OF MILITARY

7 CIVIC ACTION TEAMS.

8 Section 104(a) of Public Law 99–658 (48 U.S.C.

9 1933(a)) is amended—

10 (1) by inserting ‘‘(1)’’ before ‘‘In recognition’’;

11 and

12 (2) by adding at the end the following new para13 graph:

14 ‘‘(2) The Secretary of Defense may accept from the

15 Government of Palau the amount available for the use of

16 the Government of Palau under paragraph (1). Any

17 amount so accepted by the Secretary under this paragraph

18 shall be credited to the appropriation or account available

19 to the Department of Defense for the Civic Action Team

20 with respect to which such amount is so accepted. Amounts

21 so credited shall be merged with the appropriation or ac22 count to which credited, and shall be available to the Civic

23 Action Team for the same purposes, and subject to the same

24 conditions and limitations, as the appropriation or account

25 with which merged.’’.
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1 SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPART2 MENT OF DEFENSE IN MULTINATIONAL MILI3 TARY CENTERS OF EXCELLENCE.

4 (a) EXTENSION OF PARTICIPATION.—Section 1205 of

5 the John Warner National Defense Authorization Act for

6 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2416)

7 is amended—

8 (1) in subsection (a), by striking ‘‘fiscal year

9 2007’’ and inserting ‘‘during fiscal years 2007 and

10 2008’’; and

11 (2) in subsection (e)(2), by inserting ‘‘or 2008’’

12 after ‘‘in fiscal year 2007’’.

13 (b) REPORTING REQUIREMENTS.—Subsection (g) of

14 such section is amended—

15 (1) in paragraph (1)—

16 (A) by striking ‘‘October 31, 2007,’’ and in17 serting ‘‘October 31 of each of 2007 and 2008,’’;

18 and

19 (B) by striking ‘‘fiscal year 2007’’ and in20 serting ‘‘fiscal year 2007 or 2008, as applicable’’;

21 and

22 (2) in paragraph (2)—

23 (A) in the matter preceding subparagraph

24 (A)—

25 (i) by striking ‘‘The report’’ and in26 serting ‘‘Each report’’; and
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1 (ii) by inserting ‘‘, for the fiscal year

2 covered by such report,’’ after ‘‘shall in3 clude’’; and

4 (B) in subparagraph (A), by striking ‘‘fiscal

5 year 2007’’.

6 SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERN7 MENT OF THAILAND.

8 (a) FINDINGS.—Congress makes the following findings:

9 (1) Thailand is an important strategic ally and

10 economic partner of the United States.

11 (2) The United States strongly supports the

12 prompt restoration of democratic rule in Thailand.

13 (3) While it is in the interest of the United

14 States to have a robust defense relationship with

15 Thailand, it is appropriate that the United States

16 has curtailed certain military-to-military cooperation

17 and assistance programs until democratic rule has

18 been restored in Thailand.

19 (b) SENSE OF CONGRESS.—It is the sense of Congress

20 that—

21 (1) Thailand should continue on the path to re22 store democratic rule as quickly as possible, and

23 should hold free and fair national elections as soon as

24 possible and no later than December 2007; and
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1 (2) once Thailand has fully reestablished demo2 cratic rule, it will be both possible and desirable for

3 the United States to reinstate a full program of mili4 tary assistance to the Government of Thailand, in5 cluding programs such as International Military

6 Education and Training (IMET) and Foreign Mili7 tary Financing (FMF) that were appropriately sus8 pended following the military coup in Thailand in

9 September 2006.

10 (c) LIMITATION.—No funds authorized to be appro11 priated by this Act may be obligated or expended to provide

12 direct assistance to the Government of Thailand to initiate

13 new military assistance activities until 15 days after the

14 Secretary of Defense notifies the Committees on Armed

15 Services and Foreign Relations of the Senate and the Com16 mittees on Armed Services and Foreign Affairs of the House

17 of Representatives of the intent of the Secretary to carry

18 out such new types of military assistance activities with

19 Thailand.

20 (d) EXCEPTION.—The limitation in subsection (c)

21 shall not apply with respect to funds as follows:

22 (1) Amounts authorized to be appropriated for

23 Overseas Humanitarian, Disaster, and Civic Aid.
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1 (2) Amounts otherwise authorized to be appro2 priated by this Act and available for humanitarian

3 or emergency assistance for other nations.

4 (e) NEW MILITARY ASSISTANCE ACTIVITIES DE5 FINED.—In this section, the term ‘‘new military assistance

6 activities’’ means military assistance activities that have

7 not been undertaken between the United States and Thai8 land during fiscal year 2007.

9 SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES

10 AND UNITED STATES STRATEGY REGARDING

11 IRAN.

12 Not more than 75 percent of the amount authorized

13 to be appropriated by this Act and available for the Office

14 of the Under Secretary of Defense for Policy may be obli15 gated or expended for that purpose until the President sub16 mits to Congress the report required by section 1213(b) of

17 the John Warner National Defense Authorization Act for

18 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2422).

19 SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN

20 FUNDS PENDING IMPLEMENTATION OF RE21 QUIREMENTS REGARDING NORTH KOREA.

22 Notwithstanding any other provision of law, no funds

23 authorized to be appropriated for the Department of Defense

24 by this Act or any other Act for the provision of security

25 and stabilization assistance as authorized by section 1207
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1 of the National Defense Authorization Act for Fiscal Year

2 2006 (as amended by section 1202 of this Act) may be obli3 gated or expended for that purpose until the President cer4 tifies to Congress that all the provisions of section 1211 of

5 the John Warner National Defense Authorization Act for

6 Fiscal Year 2007 (Public Law 109–163; 120 Stat. 2420)

7 have been or are being carried out.

8 SEC. 1218. POLICY OF THE UNITED STATES ON PROTECTION

9 OF THE UNITED STATES AND ITS ALLIES

10 AGAINST IRANIAN BALLISTIC MISSILES.

11 (a) FINDING.—Congress finds that Iran maintains a

12 nuclear program in continued defiance of the international

13 community while developing ballistic missiles of increasing

14 sophistication and range that pose a threat to both the for15 ward-deployed forces of the United States and to its North

16 Atlantic Treaty Organization (NATO) allies in Europe;

17 and which eventually could pose a threat to the United

18 States homeland.

19 (b) POLICY OF THE UNITED STATES.—It is the policy

20 of the United States—

21 (1) to develop and deploy, as soon as techno22 logically possible, in conjunction with its allies and

23 other nations whenever possible, an effective defense

24 against the threat from Iran described in subsection

25 (a)(1) that will provide protection for the United
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1 States, its friends, and its North Atlantic Treaty Or2 ganization allies; and

3 (2) to proceed in the development of such re4 sponse in a manner such that any missile defenses

5 fielded by the United States in Europe are integrated

6 with or complementary to missile defense capabilities

7 that might be fielded by the North Atlantic Treaty

8 Organization in Europe.

9 SEC. 1219. JUSTICE FOR OSAMA BIN LADEN AND OTHER

10 LEADERS OF AL QAEDA.

11 (a) ENHANCED REWARD FOR CAPTURE OF OSAMA BIN

12 LADEN.—Section 36(e)(1) of the State Department Basic

13 Authorities Act of 1956 (22 U.S.C. 2708e)(1)) is amended

14 by adding at the end the following new sentence: ‘‘The Sec15 retary shall authorize a reward of $50,000,000 for the cap16 ture or death or information leading to the capture or death

17 of Osama bin Laden.’’.

18 (b) STATUS OF EFFORTS TO BRING OSAMA BIN

19 LADEN AND OTHER LEADERS OF AL QAEDA TO JUSTICE.—

20 (1) REPORTS REQUIRED.—Not later than 90

21 days after the date of the enactment of this Act, and

22 every 90 days thereafter, the Secretary of State and

23 the Secretary of Defense shall, in coordination with

24 the Director of National Intelligence, jointly submit to

25 Congress a report on the progress made in bringing
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1 Osama bin Laden and other leaders of al Qaeda to

2 justice.

3 (2) ELEMENTS.—Each report under paragraph

4 (1) shall include, current as of the date of such report,

5 the following:

6 (A) An assessment of the likely current loca7 tion of terrorist leaders, including Osama bin

8 Laden, Ayman al-Zawahiri, and other key lead9 ers of al Qaeda.

10 (B) A description of ongoing efforts to bring

11 to justice such terrorist leaders, particularly

12 those who have been directly implicated in at13 tacks in the United States and its embassies.

14 (C) An assessment of whether the govern15 ment of each country assessed as a likely location

16 of top leaders of al Qaeda has fully cooperated

17 in efforts to bring those leaders to justice.

18 (D) A description of diplomatic efforts cur19 rently being made to improve the cooperation of

20 the governments described in subparagraph (C).

21 (E) A description of the current status of

22 the top leadership of al Qaeda and the strategy

23 for locating them and bringing them to justice.

24 (F) An assessment of whether al Qaeda re25 mains the terrorist organization that poses the
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1 greatest threat to United States interests, includ2 ing the greatest threat to the territorial United

3 States.

4 (3) FORM OF REPORT.—Each report submitted

5 to Congress under paragraph (1) shall be submitted

6 in a classified form, and shall be accompanied by a

7 report in unclassified form that redacts the classified

8 information in the report.

9 Subtitle C—Reports

10 SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILI11 TARY OPERATIONS IN AFGHANISTAN.

12 (a) REPORTS REQUIRED.—Not later than 60 days

13 after the date of the enactment of this Act and every 180

14 days thereafter through the end of fiscal year 2009, the

15 President shall submit to the congressional defense commit16 tees a report on United States policy and military oper17 ations in Afghanistan.

18 (b) ELEMENTS.—Each report required by subsection

19 (a) shall include the following:

20 (1) A comprehensive strategy, coordinated be21 tween and among the departments and agencies of the

22 United States Government, for achieving the objec23 tives of United States policy and military operations

24 in Afghanistan.
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1 (2) A description of current and proposed efforts

2 to assist the Government of Afghanistan in increasing

3 the size and capability of the Afghan Security Forces,

4 including key criteria for measuring the capabilities

5 and readiness of the Afghan National Army, the Af6 ghan National Police, and other Afghan security

7 forces.

8 (3) A description of current and proposed efforts

9 of the United States Government to work with coali10 tion partners to strengthen the International Security

11 Assistance Force (ISAF) led by the North Atlantic

12 Treaty Organization (NATO) in Afghanistan, includ13 ing efforts—

14 (A) to encourage North Atlantic Treaty Or15 ganization members to make or fulfill commit16 ments to meet North Atlantic Treaty Organiza17 tion mission requirements with respect to the

18 International Security Assistance Force; and

19 (B) to remove national restrictions on the

20 use of forces of members of the North Atlantic

21 Treaty Organization deployed as part of the

22 International Security Assistance Force mission.

23 (4) A description of current and proposed efforts

24 to improve provincial governance and expand eco-
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1 nomic development in the provinces of Afghanistan,

2 including—

3 (A) a statement of the mission and objec4 tives of the Provincial Reconstruction Teams in

5 Afghanistan;

6 (B) a description of the number, funding

7 (including the sources of funding), staffing re8 quirements, and current staffing levels of the

9 Provincial Reconstruction Teams, set forth by

10 United States Government agency;

11 (C) an evaluation of the effectiveness of each

12 Provincial Reconstruction Team, including each

13 team under the command of the United States

14 and each team under the command of the Inter15 national Security Assistance Force, in achieving

16 its mission and objectives; and

17 (D) a description of the collaboration, if

18 any, between the United States Agency for Inter19 national Development and Special Operations

20 Forces in such efforts, and an assessment of the

21 results of such collaboration.

22 (5) With respect to current counternarcotics ef23 forts in Afghanistan—

24 (A) a description of the counternarcotics

25 plan of the United States Government in Af-
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1 ghanistan, including a statement of priorities

2 among United States counterdrug activities (in3 cluding interdiction, eradication, and alternative

4 livelihood programs) within that plan, and a de5 scription of the specific resources allocated for

6 each such activity;

7 (B) a description of the counternarcotics

8 roles and missions assumed by the local and pro9 vincial governments of Afghanistan, the Govern10 ment of Afghanistan, particular departments

11 and agencies of the United States Government,

12 the International Security Assistance Force, and

13 other governments;

14 (C) a description of the extent, if any, to

15 which counternarcotics operations in or with re16 spect to Afghanistan have been determined to

17 constitute a United States military mission, and

18 the justification for that determination;

19 (D) a description of United States efforts to

20 destroy drug manufacturing facilities; and

21 (E) a description of United States efforts to

22 apprehend or eliminate major drug traffickers in

23 Afghanistan, and a description of the extent to

24 which such drug traffickers are currently assist25 ing United States counterterrorist efforts.
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1 (6) A description of current and proposed efforts

2 to help the Government of Afghanistan fight public

3 corruption and strengthen the rule of law.

4 (7) A description of current and proposed diplo5 matic and other efforts to encourage and assist the

6 Government of Pakistan to eliminate safe havens for

7 Taliban, Al Qaeda, and other extremists within the

8 territory of Pakistan which threaten the stability of

9 Afghanistan, and an evaluation of the cooperation of

10 the Government of Pakistan in eliminating such safe

11 havens.

12 (c) FORM.—Each report required by subsection (a)

13 shall be submitted in unclassified form to the maximum ex14 tent practicable, but may include a classified annex.

15 SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AF16 GHANISTAN BY ELIMINATING SAFE HAVENS

17 FOR VIOLENT EXTREMISTS IN PAKISTAN.

18 (a) FINDINGS.—Congress makes the following findings:

19 (1) Since September 11, 2001, the Government of

20 Pakistan has been an important partner in helping

21 the United States remove the Taliban regime from Af22 ghanistan.

23 (2) In early September 2006, the Government of

24 Pakistan signed a peace agreement with pro-Taliban

25 militants in Miramshah, North Waziristan, Pakistan.
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1 Under the agreement, local tribesmen in North

2 Waziristan agreed to halt cross-border movement of

3 pro-Taliban insurgents from the North Waziristan

4 area to Afghanistan and to remove all foreigners who

5 do not respect the peace and abide by the agreement.

6 (3) In late September 2006, United States mili7 tary officials in Kabul, Afghanistan, reported two8 fold, and in cases three-fold, increases in the number

9 of cross-border attacks along the Afghanistan border

10 with Pakistan in the weeks following the signing of

11 the agreement referred to in paragraph (2).

12 (4) On February 13, 2007, Lieutenant General

13 Karl W. Eikenberry, the former commanding general

14 of Combined Forces Command—Afghanistan, stated

15 in a written statement to the Committee on Armed

16 Services of the House of Representatives that ‘‘Al

17 Qaeda and Taliban leadership presence inside Paki18 stan remains a significant problem that must be sat19 isfactorily addressed if we are to prevail in Afghani20 stan and if we are to defeat the global threat posed

21 by international terrorism’’.

22 (5) On February 27, 2007, John McConnell, the

23 Director of National Intelligence, stated in a written

24 statement to the Committee on Armed Services of the

25 Senate that ‘‘[e]liminating the safehaven that the
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1 Taliban and other extremists have found in Paki2 stan’s tribal areas is not sufficient to end the insur3 gency in Afghanistan but it is necessary’’.

4 (b) STRATEGY RELATING TO PAKISTAN.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of the enactment of this Act, the President

7 shall submit to the congressional defense committees a

8 report describing the long-term strategy of the United

9 States to engage with the Government of Pakistan—

10 (A) to prevent the movement of Taliban, Al

11 Qaeda, and other violent extremist forces across

12 the border of Pakistan into Afghanistan; and

13 (B) to eliminate safe havens for such forces

14 on the national territory of Pakistan.

15 (2) FORM.—The report shall be submitted in un16 classified form, but may include a classified annex.

17 (c) LIMITATION ON AVAILABILITY OF DEPARTMENT OF

18 DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—

19 (1) LIMITATION.—For fiscal years 2008 and

20 2009, the Government of Pakistan may not be reim21 bursed in any fiscal year quarter for the provision to

22 the United States of logistical, military, or other sup23 port utilizing funds appropriated or otherwise made

24 available by an Act making supplemental appropria25 tions for fiscal year 2007 for operations in Iraq and
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1 Afghanistan, or any other Act, for the purpose of

2 making payments to reimburse key cooperating na3 tions for the provision to the United States of such

4 support unless the President certifies to the congres5 sional defense committees for such fiscal year quarter

6 that the Government of Pakistan is making substan7 tial and sustained efforts to eliminate safe havens for

8 the Taliban, Al Qaeda and other violent extremists in

9 areas under its sovereign control, including in the cit10 ies of Quetta and Chaman and in the Northwest

11 Frontier Province and the Federally Administered

12 Tribal Areas.

13 (2) CONTENT OF CERTIFICATION.—Each certifi14 cation submitted under paragraph (1) shall include a

15 detailed description of the efforts made by the Govern16 ment of Pakistan to eliminate safe havens for the

17 Taliban, Al Qaeda, and other violent extremists in

18 areas under its sovereign control.

19 (3) FORM.—Each certification submitted under

20 paragraph (1) shall be submitted in unclassified form,

21 but may include a classified annex.

22 (4) WAIVER.—The President may waive the lim23 itation on reimbursements under paragraph (1) for a

24 fiscal year quarter if the President determines and

25 certifies to the congressional defense committees that
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1 it is important to the national security interest of the

2 United States to do so.

3 SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT

4 ON CLAIMS RELATING TO THE BOMBING OF

5 THE LABELLE DISCOTHEQUE.

6 Section 1225(b)(2) of the National Defense Authoriza7 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

8 Stat. 3465) is amended by striking ‘‘Not later than one year

9 after enactment of this Act,’’ and inserting ‘‘Not later than

10 each of January 6, 2007, and January 7, 2008,’’.

11 SEC. 1234. REPORT ON PLANNING AND IMPLEMENTATION

12 OF UNITED STATES ENGAGEMENT AND POL13 ICY TOWARD DARFUR.

14 (a) REQUIREMENT FOR REPORTS.—Not later than 120

15 days after the date of the enactment of this Act, the Sec16 retary of Defense and the Secretary of State shall submit

17 to the appropriate congressional committees a report on the

18 policy of the United States to address the crisis in Darfur,

19 in eastern Chad, and in north-eastern Central African Re20 public, and on the contributions of the Department of De21 fense and the Department of State to the North Atlantic

22 Treaty Organization (NATO), the United Nations, and the

23 African Union in support of the current African Union

24 Mission in Sudan (AMIS) or any covered United Nations

25 mission.
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1 (b) ELEMENTS.—Each report under subsection (a)

2 shall include the following:

3 (1) An assessment of the extent to which the Gov4 ernment of Sudan is in compliance with its obliga5 tions under international law and as a member of the

6 United Nations, including under United Nations Se7 curity Council Resolutions 1706 (2006) and 1591

8 (2005), and a description of any violations of such

9 obligations, including violations relating to the denial

10 of or delay in facilitating access by AMIS and United

11 Nations peacekeepers to conflict areas, failure to im12 plement responsibilities to demobilize and disarm the

13 Janjaweed militias, obstruction of the voluntary safe

14 return of internally displaced persons and refugees,

15 and degradation of security of and access to humani16 tarian supply routes.

17 (2) A comprehensive explanation of the policy of

18 the United States to address the crisis in Darfur, in19 cluding the activities of the Department of Defense

20 and the Department of State.

21 (3) A comprehensive assessment of the impact of

22 a no-fly zone for Darfur, including an assessment of

23 the impact of such a no-fly zone on humanitarian ef24 forts in Darfur and the region and a plan to mini-
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1 mize any negative impact on such humanitarian ef2 forts during the implementation of such a no-fly zone.

3 (4) A description of contributions made by the

4 Department of Defense and the Department of State

5 in support of NATO assistance to AMIS and any cov6 ered United Nations mission.

7 (5) An assessment of the extent to which addi8 tional resources are necessary to meet the obligations

9 of the United States to AMIS and any covered United

10 Nations mission.

11 (c) FORM AND AVAILABILITY OF REPORTS.—

12 (1) FORM.—Each report submitted under this

13 section shall be in an unclassified form, but may in14 clude a classified annex.

15 (2) AVAILABILITY.—The unclassified portion of

16 any report submitted under this section shall be made

17 available to the public.

18 (d) REPEAL OF SUPERSEDED REPORT REQUIRE19 MENT.—Section 1227 of the John Warner National Defense

20 Authorization Act for Fiscal Year 2007 (Public Law 109–

21 364; 120 Stat. 2426) is repealed.

22 (e) DEFINITIONS.—In this section:

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional commit25 tees’’ means—
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1 (A) the Committee on Armed Services and

2 the Committee on Foreign Relations of the Sen3 ate; and

4 (B) the Committee on Armed Services and

5 the Committee on Foreign Affairs of the House

6 of Representatives.

7 (2) COVERED UNITED NATIONS MISSION.—The

8 term ‘‘covered United Nations mission’’ means any

9 United Nations-African Union hybrid peacekeeping

10 operation in Darfur, and any United Nations peace11 keeping operating in Darfur, eastern Chad, or north12 ern Central African Republic, that is deployed on or

13 after the date of the enactment of this Act.

14 SEC. 1235. REPORT ON THE AIRFIELD IN ABECHE, CHAD,

15 AND OTHER RESOURCES NEEDED TO PRO16 VIDE STABILITY IN THE DARFUR REGION.

17 (a) SENSE OF CONGRESS.—It is the sense of Congress

18 that—

19 (1) the airfield located in Abeche, Republic of

20 Chad, could play a significant role in potential

21 United Nations, African Union, or North Atlantic

22 Treaty Organization humanitarian, peacekeeping, or

23 other military operations in Darfur, Sudan, or the

24 surrounding region; and
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1 (2) the capacity of that airfield to serve as a sub2 stantial link in such operations should be assessed,

3 along with the projected costs and specific upgrades

4 that would be necessary for its expanded use, should

5 the Government of Chad agree to its improvement and

6 use for such purposes.

7 (b) REPORT.—Not later than 90 days after the date

8 of the enactment of this Act, the Secretary of Defense shall,

9 in coordination with the Secretary of State, submit to the

10 appropriate committees of Congress a report on the matters

11 as follows:

12 (1) The current capacity of the existing airfield

13 in Abeche, Republic of Chad, including the scope of

14 its current use by the international community in re15 sponse to the crisis in the Darfur region.

16 (2) The upgrades, and their associated costs, nec17 essary to enable the airfield in Abeche, Republic of

18 Chad, to be improved to be fully capable of accommo19 dating a humanitarian, peacekeeping, or other force

20 deployment of the size foreseen by the recent United

21 Nations resolutions calling for a United Nations de22 ployment to Chad and a hybrid force of the United

23 Nations and African Union operating under Chapter

24 VII of the United Nations Charter for Sudan.
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1 (3) The force size and composition of an inter2 national effort estimated to be necessary to provide

3 protection to those Darfur civilian populations cur4 rently displaced in the Darfur region.

5 (4) The force size and composition of an inter6 national effort estimated to be necessary to provide

7 broader stability within the Darfur region.

8 SEC. 1236. INCLUSION OF INFORMATION ON ASYMMETRIC

9 CAPABILITIES IN ANNUAL REPORT ON MILI10 TARY POWER OF THE PEOPLE’S REPUBLIC OF

11 CHINA.

12 Section 1202(b) of the National Defense Authorization

13 Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C.

14 113 note) is amended by adding at the end the following

15 new paragraph:

16 ‘‘(9) Developments in asymmetric capabilities,

17 including cyberwarfare, including—

18 ‘‘(A) detailed analyses of the countries tar19 geted;

20 ‘‘(B) the specific vulnerabilities targeted in

21 these countries;

22 ‘‘(C) the tactical and strategic effects sought

23 by developing threats to such targets; and
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1 ‘‘(D) an appendix detailing specific exam2 ples of tests and development of these asymmetric

3 capabilities.’’.

4 SEC. 1237. APPLICATION OF THE UNIFORM CODE OF MILI5 TARY JUSTICE TO MILITARY CONTRACTORS

6 DURING A TIME OF WAR.

7 The Secretary of Defense shall report within 60 days

8 of enactment of this Act to House Armed Service Committee

9 and the Senate Armed Services Committee on the status of

10 implementing section 552 of the John Warner National De11 fense Authorization Act for Fiscal Year 2007 (Public Law

12 109–364) related to the application of the Uniform Code

13 of Military Justice to military contractors during a time

14 of war or a contingency operation.

15 SEC. 1238. REPORT ON FAMILY REUNIONS BETWEEN

16 UNITED STATES CITIZENS AND THEIR REL17 ATIVES IN NORTH KOREA.

18 (a) REPORT REQUIRED.—Not later than 180 days

19 after the date of the enactment of this Act, the President

20 shall submit to Congress a report on family reunions be21 tween United States citizens and their relatives in the

22 Democratic People’s Republic of Korea.

23 (b) ELEMENTS.—The report under subsection (a) shall

24 include the following:
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1 (1) An estimate of the current number of United

2 States citizens with relatives in North Korea, and an

3 estimate of the current number of such United States

4 citizens who are more than 70 years of age.

5 (2) An estimate of the number of United States

6 citizens who have traveled to North Korea for family

7 reunions.

8 (3) An estimate of the amounts of money and

9 aid that went from the Korean-American community

10 to North Korea in 2007.

11 (4) A summary of any allegations of fraud by

12 third-party brokers in arranging family reunions be13 tween United States citizens and their relatives in

14 North Korea.

15 (5) A description of the efforts, if any, of the

16 President to facilitate reunions between the United

17 States citizens and their relatives in North Korea, in18 cluding the following:

19 (A) Negotiating with the Democratic Peo20 ple’s Republic of Korea to permit family re21 unions between United States citizens and their

22 relatives in North Korea.

23 (B) Planning, in the event of a normaliza24 tion of relations between the United States and

25 the Democratic People’s Republic of Korea, to
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1 dedicate personnel and resources at the United

2 States embassy in Pyongyang, Democratic Peo3 ple’s Republic of Korea, to facilitate reunions be4 tween United States citizens and their relatives

5 in North Korea.

6 (C) Informing Korean-American families of

7 fraudulent practices by certain third-party bro8 kers who arrange reunions between United States

9 citizens and their relatives in North Korea, and

10 seeking an end to such practices.

11 (D) Developing standards for safe and

12 transparent family reunions overseas involving

13 United States citizens and their relatives in

14 North Korea.

15 (6) What additional efforts in the areas described

16 in paragraph (5), if any, the President would con17 sider desirable and feasible.

18 SEC. 1239. REPORTS ON PREVENTION OF MASS ATROCITIES.

19 (a) DEPARTMENT OF STATE REPORT.—

20 (1) REPORT REQUIRED.—Not later than 120

21 days after the date of the enactment of this Act, the

22 Secretary of State shall submit to the congressional

23 defense committees, the Committee on Foreign Rela24 tions of the Senate, and the Committee on Foreign Af25 fairs of the House of Representatives a report assess-
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1 ing the capability of the Department of State to pro2 vide training and guidance to the command of an

3 international intervention force that seeks to prevent

4 mass atrocities.

5 (2) CONTENT.—The report required under para6 graph (1) shall include the following:

7 (A) An evaluation of any doctrine currently

8 used by the Secretary of State to prepare for the

9 training and guidance of the command of an

10 international intervention force.

11 (B) An assessment of the role played by the

12 United States in developing the ‘‘responsibility

13 to protect’’ doctrine described in paragraphs 138

14 through 140 of the outcome document of the

15 High-level Plenary Meeting of the General As16 sembly adopted by the United Nations in Sep17 tember 2005, and an update on actions taken by

18 the United States Mission to the United Nations

19 to discuss, promote, and implement such doc20 trine.

21 (C) An assessment of the potential capa22 bility of the Department of State and other Fed23 eral departments and agencies to support the de24 velopment of new doctrines for the training and

25 guidance of an international intervention force
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1 in keeping with the ‘‘responsibility to protect’’

2 doctrine.

3 (D) Recommendations as to the steps nec4 essary to allow the Secretary of State to provide

5 more effective training and guidance to an inter6 national intervention force.

7 (b) DEPARTMENT OF DEFENSE REPORT.—

8 (1) REPORT REQUIRED.—Not later than 120

9 days after the date of the enactment of this Act, the

10 Secretary of Defense shall submit to the congressional

11 defense committees, the Committee on Foreign Rela12 tions of the Senate, and the Committee on Foreign Af13 fairs of the House of Representatives a report assess14 ing the capability of the Department of Defense to

15 provide training and guidance to the command of an

16 international intervention force that seeks to prevent

17 mass atrocities.

18 (2) CONTENT.—The report required under para19 graph (1) shall include the following:

20 (A) An evaluation of any doctrine currently

21 used by the Secretary of Defense to prepare for

22 the training and guidance of the command of an

23 international intervention force.

24 (B) An assessment of the potential capa25 bility of the Department of Defense and other
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1 Federal departments and agencies to support the

2 development of new doctrines for the training

3 and guidance of an international intervention

4 force in keeping with the ‘‘responsibility to pro5 tect’’ doctrine.

6 (C) Recommendations as to the steps nec7 essary to allow the Secretary of Defense to pro8 vide more effective training and guidance to an

9 international intervention force.

10 (D) A summary of any assessments or stud11 ies of the Department of Defense or other Federal

12 departments or agencies relating to ‘‘Operation

13 Artemis’’, the 2004 French military deployment

14 and intervention in the eastern region of the

15 Democratic Republic of Congo to protect civil16 ians from local warring factions.

17 (c) INTERNATIONAL INTERVENTION FORCE.—For the

18 purposes of this section, ‘‘international intervention force’’

19 means a military force that—

20 (1) is authorized by the United Nations; and

21 (2) has a mission that is narrowly focused on the

22 protection of civilian life and the prevention of mass

23 atrocities such as genocide.
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1 TITLE XIII—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF THE FORMER SO4 VIET UNION

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS.

7 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC8 TION PROGRAMS.—For purposes of section 301 and other

9 provisions of this Act, Cooperative Threat Reduction pro10 grams are the programs specified in section 1501(b) of the

11 National Defense Authorization Act for Fiscal Year 1997

12 (50 U.S.C. 2362 note), as amended by section 1303 of this

13 Act.

14 (b) FISCAL YEAR 2008 COOPERATIVE THREAT REDUC15 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis16 cal year 2008 Cooperative Threat Reduction funds’’ means

17 the funds appropriated pursuant to the authorization of ap18 propriations in section 301 for Cooperative Threat Reduc19 tion programs.

20 (c) AVAILABILITY OF FUNDS.—Funds appropriated

21 pursuant to the authorization of appropriations in section

22 301 for Cooperative Threat Reduction programs shall be

23 available for obligation for three fiscal years.
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1 SEC. 1302. FUNDING ALLOCATIONS.

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

3 $428,048,000 authorized to be appropriated to the Depart4 ment of Defense for fiscal year 2008 in section 301(19) for

5 Cooperative Threat Reduction programs, the following

6 amounts may be obligated for the purposes specified:

7 (1) For strategic offensive arms elimination in

8 Russia, $102,885,000.

9 (2) For nuclear weapons storage security in Rus10 sia, $22,988,000.

11 (3) For nuclear weapons transportation security

12 in Russia, $37,700,000.

13 (4) For weapons of mass destruction prolifera14 tion prevention in the states of the former Soviet

15 Union, $51,986,000.

16 (5) For biological weapons proliferation preven17 tion in the former Soviet Union, $194,489,000.

18 (6) For chemical weapons destruction in Russia,

19 $1,000,000.

20 (7) For threat reduction outside the former So21 viet Union, $10,000,000.

22 (8) For defense and military contacts,

23 $8,000,000.

24 (9) For activities designated as Other Assess25 ments/Administrative Support, $19,000,000.
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1 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

2 FUNDS FOR OTHER PURPOSES.—No fiscal year 2008 Coop3 erative Threat Reduction funds may be obligated or ex4 pended for a purpose other than a purpose listed in para5 graphs (1) through (9) of subsection (a) until 30 days after

6 the date that the Secretary of Defense submits to Congress

7 a report on the purpose for which the funds will be obligated

8 or expended and the amount of funds to be obligated or ex9 pended. Nothing in the preceding sentence shall be construed

10 as authorizing the obligation or expenditure of fiscal year

11 2008 Cooperative Threat Reduction funds for a purpose for

12 which the obligation or expenditure of such funds is specifi13 cally prohibited under this title or any other provision of

14 law.

15 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

16 AMOUNTS.—

17 (1) IN GENERAL.—Subject to paragraph (2), in

18 any case in which the Secretary of Defense determines

19 that it is necessary to do so in the national interest,

20 the Secretary may obligate amounts appropriated for

21 fiscal year 2008 for a purpose listed in paragraphs

22 (1) through (9) of subsection (a) in excess of the spe23 cific amount authorized for that purpose.

24 (2) NOTICE-AND-WAIT REQUIRED.—An obligation

25 of funds for a purpose stated in paragraphs (1)
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1 through (9) of subsection (a) in excess of the specific

2 amount authorized for such purpose may be made

3 using the authority provided in paragraph (1) only

4 after—

5 (A) the Secretary submits to Congress noti6 fication of the intent to do so together with a

7 complete discussion of the justification for doing

8 so; and

9 (B) 15 days have elapsed following the date

10 of the notification.

11 SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT RE12 DUCTION PROGRAMS IN STATES OUTSIDE

13 THE FORMER SOVIET UNION.

14 Section 1501 of the National Defense Authorization

15 Act for Fiscal Year 1997 (50 U.S.C. 2362 note) is

16 amended—

17 (1) in subsection (a), by striking ‘‘subsection (b)’’

18 and inserting ‘‘subsections (b) and (c)’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO

22 STATES OUTSIDE THE FORMER SOVIET UNION.—The pro23 grams referred to in subsection (a) are the following pro24 grams with respect to states that are not states of the former

25 Soviet Union:
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1 ‘‘(1) Programs to facilitate the elimination, and

2 safe and secure transportation and storage, of biologi3 cal, or chemical weapons, materials, weapons compo4 nents, or weapons-related materials.

5 ‘‘(2) Programs to prevent the proliferation of nu6 clear, chemical, or biological weapons, weapons com7 ponents, and weapons-related military technology and

8 expertise.

9 ‘‘(3) Programs to facilitate detection and report10 ing of highly pathogenic diseases or other diseases

11 that are associated with or that could be utilized as

12 an early warning mechanism for disease outbreaks

13 that could impact the Armed Forces of the United

14 States or allies of the United States.’’.

15 SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPER16 ATIVE THREAT REDUCTION FUNDS OUTSIDE

17 THE FORMER SOVIET UNION.

18 Section 1308 of the National Defense Authorization

19 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

20 1662; 22 U.S.C. 5963) is amended—

21 (1) in subsection (a), by striking ‘‘the President’’

22 the second place it appears and inserting ‘‘the Sec23 retary of Defense, with the concurrence of the Sec24 retary of State,’’; and

25 (2) in subsection (d)—
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1 (A) in paragraph (1), by striking ‘‘the

2 President’’ the second place it appears and in3 serting ‘‘the Secretary of Defense, with the con4 currence of the Secretary of State,’’; and

5 (B) in paragraph (2), by striking ‘‘the

6 President’’ and inserting ‘‘the Secretary of De7 fense and the Secretary of State’’.

8 SEC. 1305. REPEAL OF RESTRICTIONS ON ASSISTANCE TO

9 STATES OF THE FORMER SOVIET UNION FOR

10 COOPERATIVE THREAT REDUCTION.

11 (a) IN GENERAL.—

12 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

13 OF 1991.—The Soviet Nuclear Threat Reduction Act of

14 1991 (title II of Public Law 102–228; 22 U.S.C. 2551

15 note) is amended—

16 (A) by striking section 211; and

17 (B) in section 212, by striking ‘‘, consistent

18 with the findings stated in section 211,’’.

19 (2) COOPERATIVE THREAT REDUCTION ACT OF

20 1993.—Section 1203 of the Cooperative Threat Reduc21 tion Act of 1993 (22 U.S.C. 5952) is amended by

22 striking subsection (d).

23 (3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION

24 FACILITIES.—Section 1305 of the National Defense
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1 Authorization Act for Fiscal Year 2000 (Public Law

2 106–65; 22 U.S.C. 5952 note) is repealed.

3 (4) CONFORMING REPEAL.—Section 1303 of the

4 Ronald W. Reagan National Defense Authorization

5 Act for Fiscal Year 2005 (Public Law 108–375; 22

6 U.S.C. 5952 note) is repealed.

7 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.—Sec8 tion 502 of the Freedom for Russia and Emerging Eurasian

9 Democracies and Open Markets Support Act of 1992 (22

10 U.S.C. 5852) shall not apply to any Cooperative Threat Re11 duction program.

12 SEC. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF

13 PREVENTION OF PROLIFERATION OF BIO14 LOGICAL WEAPONS.

15 (a) STUDY REQUIRED.—Not later than 60 days after

16 the date of the enactment of this Act, the Secretary of De17 fense shall enter into an arrangement with the National

18 Academy of Sciences under which the Academy shall carry

19 out a study to identify areas for cooperation with states

20 other than states of the former Soviet Union under the Co21 operative Threat Reduction program of the Department of

22 Defense in the prevention of proliferation of biological

23 weapons.
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1 (b) MATTERS TO BE INCLUDED IN STUDY.—The Sec2 retary shall provide for the study under subsection (a) to

3 include the following:

4 (1) An assessment of trends in the biological

5 sciences and biotechnology that will affect the capa6 bilities of governments of developing countries to con7 trol the containment and use of dual-use technologies

8 of potential interest to terrorist organizations or indi9 viduals with hostile intentions.

10 (2) An assessment of the approaches to coopera11 tive threat reduction used by the states of the former

12 Soviet Union that are of special relevance in pre13 venting the proliferation of biological weapons in

14 other areas of the world.

15 (3) A review of programs of the United States

16 Government and other governments, international or17 ganizations, foundations, and other private sector en18 tities used in developing countries that are not states

19 of the former Soviet Union that may contribute to the

20 prevention of the proliferation of biological weapons.

21 (4) Recommendations on steps for integrating

22 activities of the Cooperative Threat Reduction pro23 gram relating to the prevention of the proliferation of

24 biological weapons with activities of other depart25 ments and agencies of the United States addressing
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1 problems and opportunities in developing countries

2 that are not states of the former Soviet Union.

3 (c) REPORT.—

4 (1) IN GENERAL.—Not later than December 31,

5 2008, the Secretary shall submit to the Committee on

6 Armed Services of the Senate and the Committee on

7 Armed Services of the House of Representatives a re8 port on the study carried out under subsection (a).

9 (2) MATTERS TO BE INCLUDED.—The report

10 under paragraph (1) shall include the following:

11 (A) The results of the study carried out

12 under subsection (a), including any report re13 ceived by the Secretary from the National Acad14 emy of Sciences on the study.

15 (B) An assessment by the Secretary of the

16 study.

17 (C) A statement of the actions, if any, to be

18 undertaken by the Secretary to implement any

19 recommendations in the study.

20 (3) FORM.—The report under paragraph (1)

21 shall be submitted in unclassified form, but may in22 clude a classified annex.

23 (d) FUNDING.—Of the amount authorized to be appro24 priated by section 301(18) for Cooperative Threat Reduc-
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1 tion programs, not more than $2,500,000 may be obligated

2 or expended to carry out this section.

3 TITLE XIV—OTHER

4 AUTHORIZATIONS

5 Subtitle A—Military Programs

6 SEC. 1401. WORKING CAPITAL FUNDS.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2008 for the use of the Armed Forces and other

9 activities and agencies of the Department of Defense for

10 providing capital for working capital and revolving funds

11 in amounts as follows:

12 (1) For the Defense Working Capital Funds,

13 $102,446,000.

14 (2) For the Defense Working Capital Fund, De15 fense Commissary, $1,250,300,000.

16 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

17 Funds are hereby authorized to be appropriated for fis18 cal year 2008 for the National Defense Sealift Fund in the

19 amount of $1,044,194,000.

20 SEC. 1403. DEFENSE HEALTH PROGRAM.

21 Funds are hereby authorized to be appropriated for the

22 Department of Defense for fiscal year 2008 for expenses, not

23 otherwise provided for, for the Defense Health Program, in

24 the amount of $22,543,124,000, of which—
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1 (1) $22,044,381,000 is for Operation and Main2 tenance;

3 (2) $136,482,000 is for Research, Development,

4 Test, and Evaluation; and

5 (3) $362,261,000 is for Procurement.

6 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC7 TION, DEFENSE.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

9 hereby authorized to be appropriated for the Department

10 of Defense for fiscal year 2008 for expenses, not otherwise

11 provided for, for Chemical Agents and Munitions Destruc12 tion, Defense, in the amount of $1,491,724,000, of which—

13 (1) $1,186,452,000 is for Operation and Mainte14 nance;

15 (2) $274,846,000 is for Research, Development,

16 Test, and Evaluation; and

17 (3) $30,426,000 is for Procurement.

18 (b) USE.—Amounts authorized to be appropriated

19 under subsection (a) are authorized for—

20 (1) the destruction of lethal chemical agents and

21 munitions in accordance with section 1412 of the De22 partment of Defense Authorization Act, 1986 (50

23 U.S.C. 1521); and
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1 (2) the destruction of chemical warfare materiel

2 of the United States that is not covered by section

3 1412 of such Act.

4 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE.

6 Funds are hereby authorized to be appropriated for the

7 Department of Defense for fiscal year 2008 for expenses, not

8 otherwise provided for, for Drug Interdiction and Counter9 Drug Activities, Defense-wide, in the amount of

10 $959,322,000.

11 SEC. 1405A. ADDITIONAL AMOUNT FOR DRUG INTERDIC12 TION AND COUNTER-DRUG ACTIVITIES WITH

13 RESPECT TO AFGHANISTAN.

14 (a) ADDITIONAL AMOUNT FOR DRUG INTERDICTION

15 AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.—The

16 amount authorized to be appropriated by section 1405 for

17 Drug Interdiction and Counter-Drug Activities, Defense18 wide, is hereby increased by $162,800,000.

19 (b) AVAILABILITY.—Of the amount authorized to be

20 appropriated by section 1405 for Drug Interdiction and

21 Counter-Drug Activities, Defense-wide, as increased by sub22 section (a), $162,800,000 may be available for drug inter23 diction and counterdrug activities with respect to Afghani24 stan.
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1 (c) SUPPLEMENT NOT SUPPLANT.—The amount avail2 able under subsection (b) for the purpose specified in that

3 paragraph is in addition to any other amounts available

4 under this Act for that purpose.

5 (d) OFFSET.—The amount authorized to be appro6 priated by section 1509 for Drug Interdiction and Counter7 Drug Activities, Defense-wide, for Operation Iraqi Freedom

8 and Operation Enduring Freedom is hereby decreased by

9 $162,800,000.

10 SEC. 1406. DEFENSE INSPECTOR GENERAL.

11 Funds are hereby authorized to be appropriated for the

12 Department of Defense for fiscal year 2008 for expenses, not

13 otherwise provided for, for the Office of the Inspector Gen14 eral of the Department of Defense, in the amount of

15 $225,995,000, of which—

16 (1) $224,995,000 is for Operation and Mainte17 nance; and

18 (2) $1,000,000 is for Procurement.

19 SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE

20 TO SAVINGS FROM LOWER INFLATION.

21 (a) REDUCTION.—The aggregate amount authorized to

22 be appropriated by this division is the amount equal to the

23 sum of all the amounts authorized to be appropriated by

24 the provisions of this division reduced by $1,627,000,000,

25 to be allocated as follows:
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1 (1) PROCUREMENT.—The aggregate amount au2 thorized to be appropriated by title I is hereby re3 duced by $601,000,000.

4 (2) RESEARCH, DEVELOPMENT, TEST, AND EVAL5 UATION.—The aggregate amount authorized to be ap6 propriated by title II is hereby reduced by

7 $451,000,000.

8 (3) OPERATION AND MAINTENANCE.—The aggre9 gate amount authorized to be appropriated by title

10 III is hereby reduced by $554,000,000.

11 (4) OTHER AUTHORIZATIONS.—The aggregate

12 amount authorized to be appropriated by title XIV is

13 hereby reduced by $21,000,000.

14 (b) SOURCE OF SAVINGS.—Reductions required in

15 order to comply with subsection (a) shall be derived from

16 savings resulting from lower-than-expected inflation as a

17 result of the difference between the inflation assumptions

18 used in the Concurrent Resolution on the Budget for Fiscal

19 Year 2008 when compared with the inflation assumptions

20 used in the budget of the President for fiscal year 2008,

21 as submitted to Congress pursuant to section 1005 of title

22 31, United States Code.

23 (c) ALLOCATION OF REDUCTIONS.—The Secretary of

24 Defense shall allocate the reductions required by this section

25 among the amounts authorized to be appropriated for ac-
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1 counts in titles I, II, III, and XIV to reflect the extent to

2 which net savings from lower-than-expected inflations are

3 allocable to amounts authorized to be appropriated to such

4 accounts.

5 Subtitle B—National Defense

6 Stockpile

7 SEC. 1411. DISPOSAL OF FERROMANGANESE.

8 (a) DISPOSAL AUTHORIZED.—The Secretary of De9 fense may dispose of up to 50,000 tons of ferromanganese

10 from the National Defense Stockpile during fiscal year

11 2008.

12 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS13 POSAL.—

14 (1) IN GENERAL.—If the Secretary of Defense

15 completes the disposal of the total quantity of

16 ferromanganese authorized for disposal by subsection

17 (a) before September 30, 2008, the Secretary of De18 fense may dispose of up to an additional 25,000 tons

19 of ferromanganese from the National Defense Stock20 pile before that date.

21 (2) ADDITIONAL AMOUNTS.—If the Secretary

22 completes the disposal of the total quantity of addi23 tional ferromanganese authorized for disposal by

24 paragraph (1) before September 30, 2008, the Sec25 retary may dispose of up to an additional 25,000
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1 tons of ferromanganese from the National Defense

2 Stockpile before that date.

3 (c) CERTIFICATION.—The Secretary of Defense may

4 dispose of ferromanganese under the authority of paragraph

5 (1) or (2) of subsection (b) only if the Secretary submits

6 written certification to the Committee on Armed Services

7 of the Senate and the Committee on Armed Services of the

8 House of Representatives, not later than 30 days before the

9 commencement of disposal under the applicable paragraph,

10 that—

11 (1) the disposal of the additional ferromanganese

12 from the National Defense Stockpile is in the interest

13 of national defense;

14 (2) the disposal of the additional ferromanganese

15 will not cause disruption to the usual markets of pro16 ducers and processors of ferromanganese in the

17 United States; and

18 (3) the disposal of the additional ferromanganese

19 is consistent with the requirements and purpose of the

20 National Defense Stockpile.

21 (d) DELEGATION OF RESPONSIBILITY.—The Secretary

22 of Defense may delegate the responsibility of the Secretary

23 under subsection (c) to an appropriate official within the

24 Department of Defense.
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1 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

2 this section, the term ‘‘National Defense Stockpile’’ means

3 the stockpile provided for in section 4 of the Strategic and

4 Critical Materials Stock Piling Act (50 U.S.C. 98c).

5 SEC. 1412. DISPOSAL OF CHROME METAL.

6 (a) DISPOSAL AUTHORIZED.—The Secretary of De7 fense may dispose of up to 500 short tons of chrome metal

8 from the National Defense Stockpile during fiscal year

9 2008.

10 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS11 POSAL.—

12 (1) IN GENERAL.—If the Secretary of Defense

13 completes the disposal of the total quantity of chrome

14 metal authorized for disposal by subsection (a) before

15 September 30, 2008, the Secretary of Defense may

16 dispose of up to an additional 250 short tons of

17 chrome metal from the National Defense Stockpile be18 fore that date.

19 (2) ADDITIONAL AMOUNTS.—If the Secretary

20 completes the disposal of the total quantity of addi21 tional chrome metal authorized for disposal by para22 graph (1) before September 30, 2008, the Secretary

23 may dispose of up to an additional 250 short tons of

24 chrome metal from the National Defense Stockpile be25 fore that date.
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1 (c) CERTIFICATION.—The Secretary of Defense may

2 dispose of chrome metal under the authority of paragraph

3 (1) or (2) of subsection (b) only if the Secretary submits

4 written certification to the Committee on Armed Services

5 of the Senate and the Committee on Armed Services of the

6 House of Representatives, not later than 30 days before the

7 commencement of disposal under the applicable paragraph,

8 that—

9 (1) the disposal of the additional chrome metal

10 from the National Defense Stockpile is in the interest

11 of national defense;

12 (2) the disposal of the additional chrome metal

13 will not cause disruption to the usual markets of pro14 ducers and processors of chrome metal in the United

15 States; and

16 (3) the disposal of the additional chrome metal

17 is consistent with the requirements and purpose of the

18 National Defense Stockpile.

19 (d) DELEGATION OF RESPONSIBILITY.—The Secretary

20 of Defense may delegate the responsibility of the Secretary

21 under subsection (c) to an appropriate official within the

22 Department of Defense.

23 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

24 this section, the term ‘‘National Defense Stockpile’’ means
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1 the stockpile provided for in section 4 of the Strategic and

2 Critical Materials Stock Piling Act (50 U.S.C. 98c).

3 SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR

4 PREVIOUSLY AUTHORIZED DISPOSALS FROM

5 THE NATIONAL DEFENSE STOCKPILE.

6 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Para7 graph (5) of section 3402(b) of the National Defense Author8 ization Act for Fiscal Year 2000 (Public Law 106–65; 50

9 U.S.C. 98d note), as amended by section 3302(b) of the Na10 tional Defense Authorization Act for Fiscal Year 2006 (Pub11 lic Law 109–163; 119 Stat. 3546), is further amended by

12 striking ‘‘$600,000,000 before’’ and inserting ‘‘$729,000,000

13 by’’.

14 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Para15 graph (7) of section 3303(a) of the Strom Thurmond Na16 tional Defense Authorization Act for Fiscal Year 1999 (Pub17 lic Law 105–261; 50 U.S.C. 98d note), as amended by sec18 tion 3302(a) of the John Warner National Defense Author19 ization Act for Fiscal Year 2007 (Public Law 109–364; 120

20 Stat. 2513), is further amended to read as follows:

21 ‘‘(7) $1,469,102,000 by the end of fiscal year

22 2015.’’.
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1 Subtitle C—Civil Programs

2 SEC. 1421. ARMED FORCES RETIREMENT HOME.

3 There is hereby authorized to be appropriated for fiscal

4 year 2008 from the Armed Forces Retirement Home Trust

5 Fund the sum of $61,624,000 for the operation of the Armed

6 Forces Retirement Home.

7 SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE

8 ARMED FORCES RETIREMENT HOME.

9 (a) INDEPENDENCE AND PURPOSE OF RETIREMENT

10 HOME.—Section 1511 of the Armed Forces Retirement

11 Home Act of 1991 (24 U.S.C. 411) is amended—

12 (1) in subsection (a), by adding at the end the

13 following: ‘‘However, for the purpose of entering into

14 contracts, agreements, or transactions regarding real

15 property and facilities under the control of the Board,

16 the Retirement Home shall be treated as a military

17 facility of the Department of Defense. The adminis18 tration of the Retirement Home (including adminis19 tration for the provision of health care and medical

20 care for residents) shall remain under the direct au21 thority, control, and administration of the Secretary

22 of Defense.’’; and

23 (2) by striking subsection (g) and inserting the

24 following new subsection (g):
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1 ‘‘(g) ACCREDITATION.—The Chief Operating Officer

2 shall secure and maintain accreditation by a nationally

3 recognized civilian accrediting organization for each aspect

4 of each facility of the Retirement Home, including medical

5 and dental care, pharmacy, independent living, and as6 sisted living and nursing care.’’.

7 (b) SPECTRUM OF CARE.—Section 1513(b) of the

8 Armed Forces Retirement Home Act of 1991 (24 U.S.C.

9 413(b)) is amended by inserting after the first sentence the

10 following new sentence: ‘‘The services provided residents of

11 the Retirement Home shall include appropriate nonacute

12 medical and dental services, pharmaceutical services, and

13 transportation of residents, at no cost to residents, to acute

14 medical and dental services and after-hours routine medical

15 care’’.

16 (c) CHIEF MEDICAL OFFICER.—The Armed Forces Re17 tirement Home Act of 1991 is further amended by inserting

18 after section 1515 the following new section:

19 ‘‘SEC. 1515A. CHIEF MEDICAL OFFICER.

20 ‘‘(a) APPOINTMENT.—(1) The Secretary of Defense

21 shall appoint the Chief Medical Officer of the Retirement

22 Home. The Secretary of Defense shall make the appointment

23 in consultation with the Secretary of Homeland Security.
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1 ‘‘(2) The Chief Medical Officer shall serve a term of

2 two years, but is removable from office during such term

3 at the pleasure of the Secretary.

4 ‘‘(3) The Secretary (or the designee of the Secretary)

5 shall evaluate the performance of the Chief Medical Officer

6 not less frequently than once each year. The Secretary shall

7 carry out such evaluation in consultation with the Chief

8 Operating Officer and the Local Board for each facility of

9 the Retirement Home.

10 ‘‘(4) An officer appointed as Chief Medical Officer of

11 the Retirement Home shall serve as Chief Medical Officer

12 without vacating any other military duties and responsibil13 ities assigned to that officer whether at the time of appoint14 ment or afterward.

15 ‘‘(b) QUALIFICATIONS.—(1) To qualify for appoint16 ment as the Chief Medical Officer, a person shall be a mem17 ber of the Medical, Dental, Nurse, or Medical Services Corps

18 of the Armed Forces, including the Health and Safety Di19 rectorate of the Coast Guard, serving on active duty in the

20 grade of brigadier general, or in the case of the Navy or

21 the Coast Guard rear admiral (lower half), or higher.

22 ‘‘(2) In making appointments of the Chief Medical Of23 ficer, the Secretary of Defense shall, to the extent prac24 ticable, provide for the rotation of the appointments among
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1 the various Armed Forces and the Health and Safety Direc2 torate of the Coast Guard.

3 ‘‘(c) RESPONSIBILITIES.—(1) The Chief Medical Offi4 cer shall be responsible to the Secretary, the Under Sec5 retary of Defense for Personnel and Readiness, and the

6 Chief Operating Officer for the direction and oversight of

7 the provision of medical, mental health, and dental care at

8 each facility of the Retirement Home.

9 ‘‘(2) The Chief Medical Officer shall advise the Sec10 retary, the Under Secretary of Defense for Personnel and

11 Readiness, the Chief Operating Officer, and the Local Board

12 for each facility of the Retirement Home on all medical and

13 medical administrative matters of the Retirement Home.

14 ‘‘(d) DUTIES.—In carrying out the responsibilities set

15 forth in subsection (c), the Chief Medical Officer shall per16 form the following duties:

17 ‘‘(1) Ensure the timely availability to residents

18 of the Retirement Home, at locations other than the

19 Retirement Home, of such acute medical, mental

20 health, and dental care as such resident may require

21 that is not available at the applicable facility of the

22 Retirement Home.

23 ‘‘(2) Ensure compliance by the facilities of the

24 Retirement Home with accreditation standards, ap25 plicable health care standards of the Department of
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1 Veterans Affairs, and any other applicable health care

2 standards and requirements (including requirements

3 identified in applicable reports of the Inspector Gen4 eral of the Department of Defense).

5 ‘‘(3) Periodically visit and inspect the medical

6 facilities and medical operations of each facility of

7 the Retirement Home.

8 ‘‘(4) Periodically examine and audit the medical

9 records and administration of the Retirement Home.

10 ‘‘(5) Consult with the Local Board for each facil11 ity of the Retirement Home not less frequently than

12 once each year.

13 ‘‘(e) ADVISORY BODIES.—In carrying out the respon14 sibilities set forth in subsection (c) and the duties set forth

15 in subsection (d), the Chief Medical Officer may establish

16 and seek the advice of such advisory bodies as the Chief

17 Medical Officer considers appropriate.’’.

18 (d) LOCAL BOARDS OF TRUSTEES.—

19 (1) DUTIES.—Subsection (b) of section 1516 of

20 the Armed Forces Retirement Home Act of 1991 (24

21 U.S.C. 416) is amended to read as follows:

22 ‘‘(b) DUTIES.—(1) The Local Board for a facility shall

23 serve in an advisory capacity to the Director of the facility

24 and to the Chief Operating Officer.
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1 ‘‘(2) The Local Board for a facility shall provide to

2 the Chief Operating Officer and the Director of the facility

3 such guidance and recommendations on the administration

4 of the facility as the Local Board considers appropriate.

5 ‘‘(3) The Local Board for a facility shall provide to

6 the Under Secretary of Defense for Personnel and Readiness

7 not less often than annually an assessment of all aspects

8 of the facility, including the quality of care at the facility.

9 ‘‘(4) Not less frequently than once each year, the Local

10 Board for a facility shall submit to Congress a report that

11 includes an assessment of all aspects of the facility, includ12 ing the quality of care at the facility.’’.

13 (2) COMPOSITION.—Subparagraph (K) of sub14 section (c) of such section is amended to read as fol15 lows:

16 ‘‘(K) One senior representative of one of the chief

17 personnel officers of the Armed Forces, who shall be

18 a member of the Armed Forces serving on active duty

19 in the grade of brigadier general, or in the case of the

20 Navy or Coast Guard, rear admiral (lower half).’’.

21 (e) INSPECTION OF RETIREMENT HOME.—Section

22 1518 of such Act (24 U.S.C. 418) is amended to read as

23 follows:
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1 ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME.

2 ‘‘(a) INSPECTOR GENERAL OF THE DEPARTMENT OF

3 DEFENSE.—(1) The Inspector General of the Department

4 of Defense shall have the duty to inspect the Retirement

5 Home.

6 ‘‘(2) The Inspector General shall advise the Secretary

7 of Defense and the Director of each facility of the Retire8 ment Home on matters relating to waste, fraud, abuse, and

9 mismanagement of the Retirement Home.

10 ‘‘(b) INSPECTIONS BY INSPECTOR GENERAL.—(1)

11 Every two years, the Inspector General of the Department

12 of Defense shall perform a comprehensive inspection of all

13 aspects of each facility of the Retirement Home, including

14 independent living, assisted living, medical and dental care,

15 pharmacy, financial and contracting records, and any as16 pect of either facility on which the Local Board for the facil17 ity or the resident advisory committee or council of the fa18 cility recommends inspection.

19 ‘‘(2) The Inspector General may be assisted in inspec20 tions under this subsection by a medical inspector general

21 of a military department designated for purposes of this

22 subsection by the Secretary of Defense.

23 ‘‘(3) In conducting the inspection of a facility of the

24 Retirement Home under this subsection, the Inspector Gen25 eral shall solicit concerns, observations, and recommenda26 tions from the Local Board for the facility, the resident ad-
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1 visory committee or council of the facility, and the residents

2 of the facility. Any concerns, observations, and rec3 ommendations solicited from residents shall be solicited on

4 a not-for-attribution basis.

5 ‘‘(4) The Chief Operating Officer and the Director of

6 each facility of the Retirement Home shall make all staff,

7 other personnel, and records of each facility available to the

8 Inspector General in a timely manner for purposes of in9 spections under this subsection.

10 ‘‘(c) REPORTS ON INSPECTIONS BY INSPECTOR GEN11 ERAL.—(1) Not later than 45 days after completing an in12 spection of a facility of the Retirement Home under sub13 section (b), the Inspector General shall submit to the Sec14 retary of Defense, the Under Secretary of Defense for Per15 sonnel and Readiness, the Chief Operating Officer, the Di16 rector of the facility, and the Local Board for the facility,

17 and to Congress, a report describing the results of the in18 spection and containing such recommendations as the In19 spector General considers appropriate in light of the inspec20 tion.

21 ‘‘(2) Not later than 45 days after receiving a report

22 of the Inspector General under paragraph (1), the Director

23 of the facility concerned shall submit the Secretary of De24 fense, the Under Secretary of Defense for Personnel and

25 Readiness, the Chief Operating Officer, and the Local Board
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1 for the facility, and to Congress, a plan to address the rec2 ommendations and other matters set forth in the report.

3 ‘‘(d) ADDITIONAL INSPECTIONS.—(1) Every two years,

4 in a year in which the Inspector General does not perform

5 an inspection under subsection (b), the Chief Operating Of6 ficer shall request the inspection of each facility of the Re7 tirement Home by a nationally recognized civilian accred8 iting organization in accordance with section

9 1422(a)(2)(g).

10 ‘‘(2) The Chief Operating Officer and the Director of

11 a facility being inspected under this subsection shall make

12 all staff, other personnel, and records of the facility avail13 able to the civilian accrediting organization in a timely

14 manner for purposes of inspections under this subsection.

15 ‘‘(e) REPORTS ON ADDITIONAL INSPECTIONS.—(1) Not

16 later than 45 days after receiving a report of an inspection

17 from the civilian accrediting organization under subsection

18 (d), the Director of the facility concerned shall submit to

19 the Under Secretary of Defense for Personnel and Readi20 ness, the Chief Operating Officer, and the Local Board for

21 the facility a report containing—

22 ‘‘(A) the results of the inspection; and

23 ‘‘(B) a plan to address any recommendations

24 and other matters set forth in the report.
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1 ‘‘(2) Not later than 45 days after receiving a report

2 and plan under paragraph (1), the Secretary of Defense

3 shall submit the report and plan to Congress.’’.

4 (f) ARMED FORCES RETIREMENT HOME TRUST

5 FUND.—Section 1519 of the Armed Forces Retirement

6 Home Act of 1991 (24 U.S.C. 419) is amended by adding

7 at the end the following new subsection:

8 ‘‘(d) REPORTING REQUIREMENTS.—The Chief Finan9 cial Officer of the Armed Forces Retirement Home shall

10 comply with the reporting requirements of subchapter II of

11 chapter 35 of title 31, United States Code.’’.

12 Subtitle D—Chemical

13 Demilitarization Matters

14 SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT

15 FOR CHEMICAL DEMILITARIZATION CITI16 ZENS’ ADVISORY COMMISSIONS.

17 (a) MODIFICATION.—Subsection (h) of section 172 of

18 the National Defense Authorization Act for Fiscal Year

19 1993 (50 U.S.C. 1521 note) is amended by striking ‘‘after

20 the stockpile located in that commission’s State has been

21 destroyed’’ and inserting ‘‘upon the earlier of—

22 ‘‘(1) the completion of closure activities for the

23 chemical agent destruction facility in the commis24 sion’s State as required pursuant to regulations pro25 mulgated by the Administrator of the Environmental
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1 Protection Agency pursuant to the Solid Waste Dis2 posal Act (42 U.S.C. 6901 et seq.); or

3 ‘‘(2) the request of the Governor of the commis4 sion’s State.’’.

5 (b) TECHNICAL AMENDMENTS.—Subsections (b), (f),

6 and (g) of such section are each amended by striking ‘‘As7 sistant Secretary of the Army (Research, Development, and

8 Acquisition)’’ and inserting ‘‘Assistant Secretary of the

9 Army (Acquisition, Logistics, and Technology)’’.

10 SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS REQUIRE11 MENT FOR DIRECTOR OF CHEMICAL DEMILI12 TARIZATION MANAGEMENT ORGANIZATION.

13 Section 1412(e)(3) of the Department of Defense Au14 thorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended—

15 (1) in subparagraph (A), by adding ‘‘and’’ at the

16 end;

17 (2) by striking subparagraph (B); and

18 (3) by redesignating subparagraph (C) as sub19 paragraph (B).

20 SEC. 1433. SENSE OF CONGRESS ON COMPLETION OF DE21 STRUCTION OF UNITED STATES CHEMICAL

22 WEAPONS STOCKPILE.

23 (a) FINDINGS.—Congress makes the following findings:

24 (1) The Convention on the Prohibition of the De25 velopment, Production, Stockpiling and Use of Chem-
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1 ical Weapons and on Their Destruction, done at

2 Paris on January 13, 1993 (commonly referred to as

3 the ‘‘Chemical Weapons Convention’’), requires that

4 destruction of the entire United States chemical weap5 ons stockpile be completed by not later than April 29,

6 2007.

7 (2) In 2006, under the terms of the Chemical

8 Weapons Convention, the United States requested and

9 received a one-time, 5-year extension of its chemical

10 weapons destruction deadline to April 29, 2012.

11 (3) On April 10, 2006, the Secretary of Defense

12 notified Congress that the United States would not

13 meet even the extended deadline under the Chemical

14 Weapons Convention for destruction of the United

15 States chemical weapons stockpile, but would ‘‘con16 tinue working diligently to minimize the time to com17 plete destruction without sacrificing safety and secu18 rity’’ and would also ‘‘continue requesting resources

19 needed to complete destruction as close to April 2012

20 as practicable’’.

21 (4) Destroying the remaining stockpile of United

22 States chemical weapons is imperative for public safe23 ty and homeland security, and doing so by April

24 2012, in accordance with the current destruction
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1 deadline provided under the Chemical Weapons Con2 vention, is required by United States law.

3 (5) The elimination of chemical weapons any4 where they exist in the world, and the prevention of

5 their proliferation, is of utmost importance to the na6 tional security of the United States.

7 (b) SENSE OF CONGRESS.—It is the sense of Congress

8 that—

9 (1) the United States is, and must remain, com10 mitted to making every effort to safely dispose of its

11 entire chemical weapons stockpile by April 2012, the

12 current destruction deadline provided under the

13 Chemical Weapons Convention, or as soon thereafter

14 as possible, and must carry out all of its other obliga15 tions under the Convention; and

16 (2) the Secretary of Defense should make every

17 effort to plan for, and to request in the annual budget

18 of the President submitted to Congress adequate fund19 ing to complete, the elimination of the United States

20 chemical weapons stockpile in accordance with United

21 States obligations under the Chemical Weapons Con22 vention and in a manner that will protect public

23 health, safety, and the environment, as required by

24 law.

25 (c) REPORTS REQUIRED.—
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1 (1) IN GENERAL.—Not later than March 15,

2 2008, and every 180 days thereafter until the year in

3 which the United States completes the destruction of

4 its entire stockpile of chemical weapons under the

5 terms of the Chemical Weapons Convention, the Sec6 retary of Defense shall submit to the members and

7 committees of Congress referred to in paragraph (3)

8 a report on the implementation by the United States

9 of its chemical weapons destruction obligations under

10 the Chemical Weapons Convention.

11 (2) ELEMENTS.—Each report under paragraph

12 (1) shall include the following:

13 (A) The anticipated schedule at the time of

14 such report for the completion of destruction of

15 chemical agents, munitions, and materiel at each

16 chemical weapons demilitarization facility in the

17 United States.

18 (B) A description of the options and alter19 natives for accelerating the completion of chem20 ical weapons destruction at each such facility,

21 particularly in time to meet the destruction

22 deadline of April 29, 2012, currently provided by

23 the Chemical Weapons Convention.
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1 (C) A description of the funding required to

2 achieve each of the options for destruction de3 scribed under subparagraph (B).

4 (D) A description of all actions being taken

5 by the United States to accelerate the destruction

6 of its entire stockpile of chemical weapons,

7 agents, and materiel in order to meet the current

8 destruction deadline under the Chemical Weap9 ons Convention of April 29, 2012, or as soon

10 thereafter as possible.

11 (3) MEMBERS AND COMMITTEES OF CON12 GRESS.—The members and committees of Congress re13 ferred to in this paragraph are—

14 (A) the majority leader of the Senate, the

15 minority leader of the Senate, and the Commit16 tees on Armed Services and Appropriations of

17 the Senate; and

18 (B) the Speaker of the House of Representa19 tives, the majority leader of the House of Rep20 resentatives, the minority leader of the House of

21 Representatives, and the Committees on Armed

22 Services and Appropriations of the House of

23 Representatives.
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1 SEC. 1434. MODIFICATION OF TERMINATION OF ASSIST2 ANCE TO STATE AND LOCAL GOVERNMENTS

3 AFTER COMPLETION OF THE DESTRUCTION

4 OF THE UNITED STATES CHEMICAL WEAPONS

5 STOCKPILE.

6 Subparagraph (B) of section 1412(c)(5) of the Depart7 ment of Defense Authorization Act, 1986 (50 U.S.C.

8 1521(c)(5)) is amended to read as follows:

9 ‘‘(B) Assistance may be provided under this paragraph

10 for capabilities to respond to emergencies involving an in11 stallation or facility as described in subparagraph (A) until

12 the earlier of the following:

13 ‘‘(i) The date of the completion of all grants and

14 cooperative agreements with respect to the installation

15 or facility for purposes of this paragraph between the

16 Federal Emergency Management Agency and the

17 State and local governments concerned.

18 ‘‘(ii) The date that is 180 days after the date of

19 the completion of the destruction of lethal chemical

20 agents and munitions at the installation or facility.’’.
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1 TITLE XV—OPERATION IRAQI

2 FREEDOM AND OPERATION

3 ENDURING FREEDOM

4 Subtitle A—Authorization of Addi5 tional War-Related Appropria6 tions

7 SEC. 1501. ARMY PROCUREMENT.

8 Funds are hereby authorized to be appropriated for fis9 cal year 2008 for procurement accounts of the Army in

10 amounts as follows:

11 (1) For aircraft procurement, $890,786,000.

12 (2) For missiles, $492,734,000.

13 (3) For weapons and tracked combat vehicles

14 procurement, $1,249,177,000.

15 (4) For ammunition, $303,000,000.

16 (5) For other procurement, $10,310,055,000.

17 SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT.

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2008 for procurement accounts for

20 the Navy in amounts as follows:

21 (1) For aircraft procurement, $2,263,018,000.

22 (2) For weapons procurement, $251,281,000.

23 (3) For other procurement, $814,311,000.

24 (b) MARINE CORPS.—Funds are hereby authorized to

25 be appropriated for fiscal year 2008 for the procurement
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1 account for the Marine Corps in the amount of

2 $4,236,140,000.

3 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

4 are hereby authorized to be appropriated for fiscal year

5 2008 for the procurement account for ammunition for the

6 Navy and the Marine Corps in the amount of $590,090,000.

7 SEC. 1503. AIR FORCE PROCUREMENT.

8 Funds are hereby authorized to be appropriated for fis9 cal year 2008 for procurement accounts for the Air Force

10 in amounts as follows:

11 (1) For aircraft procurement, $2,069,009,000.

12 (2) For ammunition, $74,005,000.

13 (3) For missile procurement, $1,800,000.

14 (4) For other procurement, $4,163,450,000.

15 SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

16 Funds are hereby authorized to be appropriated for fis17 cal year 2008 for the procurement account for Defense-wide

18 in the amount of $593,768,000.

19 SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUA20 TION.

21 Funds are hereby authorized to be appropriated for fis22 cal year 2008 for the use of the Department of Defense for

23 research, development, test, and evaluation as follows:

24 (1) For the Army, $121,653,000.

25 (2) For the Navy, $370,798,000.
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1 (3) For the Air Force, $922,791,000.

2 (4) For Defense-wide activities, $535,087,000.

3 SEC. 1506. OPERATION AND MAINTENANCE.

4 Funds are hereby authorized to be appropriated for fis5 cal year 2008 for the use of the Armed Forces for expenses,

6 not otherwise provided for, for operation and maintenance,

7 in amounts as follows:

8 (1) For the Army, $45,519,264,000.

9 (2) For the Navy, $5,190,000,000.

10 (3) For the Marine Corps, $4,013,093,000.

11 (4) For the Air Force, $10,532,630,000.

12 (5) For Defense-wide activities, $5,976,216,000.

13 (6) For the Army Reserve, $158,410,000.

14 (7) For the Navy Reserve, $69,598,000.

15 (8) For the Marine Corps Reserve, $68,000,000.

16 (9) For the Army National Guard, $466,150,000.

17 (10) For the Air National Guard, $31,168,000.

18 SEC. 1507. MILITARY PERSONNEL.

19 There is hereby authorized to be appropriated for fiscal

20 year 2008 for the Department of Defense for military per21 sonnel in amounts as follows:

22 (1) For the Army, $9,140,516,000.

23 (2) For the Navy, $752,089,000.

24 (3) For the Marine Corps, $817,475,000.

25 (4) For the Air Force, $1,411,890,000.
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1 (5) For the Army Reserve, $235,000,000.

2 (6) For the Navy Reserve, $70,000,000.

3 (7) For the Marine Corps Reserve, $15,420,000.

4 (8) For the Air Force Reserve, $3,000,000.

5 (9) For the Army National Guard, $476,584,000.

6 SEC. 1508. DEFENSE HEALTH PROGRAM.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2008 for the Department of Defense for expenses,

9 not otherwise provided for, for the Defense Health Program,

10 in the amount of $1,022,842,000, for operation and mainte11 nance.

12 SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG AC13 TIVITIES, DEFENSE-WIDE.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2008 for the Department of Defense for expenses,

16 not otherwise provided for, for Drug Interdiction and

17 Counter-Drug Activities, Defense-wide, in the amount of

18 $257,618,000.

19 SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT

20 FUND.

21 (a) AUTHORIZATION OF APPROPRIATION.—Funds are

22 hereby authorized for fiscal year 2008 for the Joint Impro23 vised Explosive Device Defeat Fund in the amount of

24 $4,500,000,000.
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1 (b) USE OF FUNDS.—Funds appropriated pursuant to

2 subsection (a) shall be available to the Secretary of Defense

3 for the purpose of allowing the Director of the Joint Impro4 vised Explosive Device Defeat Organization to investigate,

5 develop, and provide equipment, supplies, services, train6 ing, facilities, personnel, and funds to assist United States

7 forces in the defeat of improvised explosive devices.

8 (c) TRANSFER AUTHORITY.—

9 (1) TRANSFERS AUTHORIZED.—Amounts author10 ized to be appropriated by subsection (a) may be

11 transferred from the Joint Improvised Explosive De12 vice Defeat Fund to any of the following accounts and

13 funds of the Department of Defense to accomplish the

14 purposes provided in subsection (b):

15 (A) Military personnel accounts.

16 (B) Operation and maintenance accounts.

17 (C) Procurement accounts.

18 (D) Research, development, test, and evalua19 tion accounts.

20 (E) Defense working capital funds.

21 (2) ADDITIONAL TRANSFER AUTHORITY.—The

22 transfer authority provided by paragraph (1) is in

23 addition to any other transfer authority available to

24 the Department of Defense.
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1 (3) TRANSFERS BACK TO THE FUND.—Upon de2 termination that all or part of the funds transferred

3 from the Joint Improvised Explosive Device Defeat

4 Fund under paragraph (1) are not necessary for the

5 purpose provided, such funds may be transferred back

6 to the Joint Improvised Explosive Device Defeat

7 Fund.

8 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

9 transfer of an amount to an account under the au10 thority in paragraph (1) shall be deemed to increase

11 the amount authorized for such account by an

12 amount equal to the amount transferred.

13 (d) NOTICE TO CONGRESS.—Funds may not be obli14 gated from the Joint Improvised Explosive Device Defeat

15 Fund, or transferred under the authority provided in sub16 section (c)(1), until five days after the date on which the

17 Secretary of Defense notifies the congressional defense com18 mittees in writing of the details of the proposed obligation

19 or transfer.

20 (e) MANAGEMENT PLAN.—

21 (1) PLAN REQUIRED.—Not later than 60 days

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall submit to the congressional de24 fense committees a plan for the intended management
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1 and use of the Joint Improvised Explosive Device De2 feat Fund.

3 (2) MATTER TO BE INCLUDED.—The plan re4 quired by paragraph (1) shall include an update of

5 the plan required in the paragraph under the heading

6 ‘‘Joint Improvised Explosive Device Defeat Fund’’ in

7 chapter 2 of title I of the Emergency Supplemental

8 Appropriations Act for Defense, the Global War on

9 Terror, and Hurricane Recovery, 2006 (Public Law

10 109–234; 120 Stat. 424), including identification

11 of—

12 (A) year-to-date transfers and obligations;

13 (B) projected transfers and obligations

14 through September 30, 2008; and

15 (C) activities for the coordination of re16 search technology development and concepts of

17 operations on improvised explosive defeat with

18 the military departments, the Defense Agencies,

19 the combatant commands, the Department of

20 Homeland Security, and other appropriate de21 partments and agencies of the Federal Govern22 ment.

23 (f) QUARTERLY REPORTS.—Not later than 30 days

24 after the end of each fiscal-year quarter, the Secretary of

25 Defense shall submit to the congressional defense committees
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1 a report summarizing the detail of any obligation or trans2 fer of funds from the Joint Improvised Explosive Device De3 feat Fund plan required by subsection (e).

4 (g) DURATION OF AUTHORITY.—Amounts appro5 priated to the Joint Improvised Explosive Device Defeat

6 Fund are available for obligation or transfer from the Fund

7 until September 30, 2009.

8 SEC. 1511. IRAQ SECURITY FORCES FUND.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

10 hereby authorized to be appropriated for fiscal year 2008

11 for the Iraq Security Forces Fund in the amount of

12 $2,000,000,000.

13 (b) USE OF FUNDS.—

14 (1) IN GENERAL.—Funds appropriated pursuant

15 to subsection (a) shall be available to the Secretary of

16 Defense for the purpose of allowing the Commander,

17 Multi-National Security Transition Command–Iraq,

18 to provide assistance to the security forces of Iraq.

19 (2) TYPES OF ASSISTANCE AUTHORIZED.—As20 sistance provided under this section may include the

21 provision of equipment, supplies, services, training,

22 facility and infrastructure repair, renovation, con23 struction, and funding.
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1 (3) SECRETARY OF STATE CONCURRENCE.—As2 sistance may be provided under this section only with

3 the concurrence of the Secretary of State.

4 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI5 TIES.—The authority to provide assistance under this sec6 tion is in addition to any other authority to provide assist7 ance to foreign nations.

8 (d) TRANSFER AUTHORITY.—

9 (1) TRANSFERS AUTHORIZED.—Subject to para10 graph (2), amounts authorized to be appropriated by

11 subsection (a) may be transferred from the Iraq Secu12 rity Forces Fund to any of the following accounts and

13 funds of the Department of Defense to accomplish the

14 purposes provided in subsection (b):

15 (A) Military personnel accounts.

16 (B) Operation and maintenance accounts.

17 (C) Procurement accounts.

18 (D) Research, development, test, and evalua19 tion accounts.

20 (E) Defense working capital funds.

21 (F) Overseas Humanitarian, Disaster, and

22 Civic Aid account.

23 (2) ADDITIONAL AUTHORITY.—The transfer au24 thority provided by paragraph (1) is in addition to
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1 any other transfer authority available to the Depart2 ment of Defense.

3 (3) TRANSFERS BACK TO THE FUND.—Upon de4 termination that all or part of the funds transferred

5 from the Iraq Security Forces Fund under paragraph

6 (1) are not necessary for the purpose provided, such

7 funds may be transferred back to the Iraq Security

8 Forces Fund.

9 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

10 transfer of an amount to an account under the au11 thority in paragraph (1) shall be deemed to increase

12 the amount authorized for such account by an

13 amount equal to the amount transferred.

14 (e) NOTICE TO CONGRESS.—Funds may not be obli15 gated from the Iraq Security Forces Fund, or transferred

16 under the authority provided in subsection (d)(1), until five

17 days after the date on which the Secretary of Defense noti18 fies the congressional defense committees in writing of the

19 details of the proposed obligation or transfer.

20 (f) CONTRIBUTIONS.—

21 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—

22 Subject to paragraph (2), the Secretary of Defense

23 may accept contributions of amounts to the Iraq Se24 curity Forces Fund for the purposes provided in sub25 section (b) from any person, foreign government, or
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1 international organization. Any amounts so accepted

2 shall be credited to the Iraq Security Forces Fund.

3 (2) LIMITATION.—The Secretary may not accept

4 a contribution under this subsection if the acceptance

5 of the contribution would compromise or appear to

6 compromise the integrity of any program of the De7 partment of Defense.

8 (3) USE.—Amounts accepted under this sub9 section shall be available for assistance authorized by

10 subsection (b), including transfer under subsection (d)

11 for that purpose.

12 (4) NOTIFICATION.—The Secretary shall notify

13 the congressional defense committees in writing upon

14 the acceptance, and upon the transfer under sub15 section (d), of any contribution under this subsection.

16 Such notice shall specify the source and amount of

17 any amount so accepted and the use of any amount

18 so accepted.

19 (g) QUARTERLY REPORTS.—Not later than 30 days

20 after the end of each fiscal-year quarter, the Secretary of

21 Defense shall submit to the congressional defense committees

22 a report summarizing the details of any obligation or trans23 fer of funds from the Iraq Security Forces Fund during

24 such fiscal-year quarter.
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1 (h) DURATION OF AUTHORITY.—Amounts authorized

2 to be appropriated or contributed to the Fund during fiscal

3 year 2008 are available for obligation or transfer from the

4 Iraq Security Forces Fund in accordance with this section

5 until September 30, 2009.

6 SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

8 hereby authorized to be appropriated for fiscal year 2008

9 for the Afghanistan Security Forces Fund in the amount

10 of $2,700,000,000.

11 (b) USE OF FUNDS.—

12 (1) IN GENERAL.—Funds authorized to be appro13 priated by subsection (a) shall be available to the Sec14 retary of Defense for the purpose of allowing the Com15 mander, Office of Security Cooperation–Afghanistan,

16 to provide assistance to the security forces of Afghani17 stan.

18 (2) TYPES OF ASSISTANCE AUTHORIZED.—As19 sistance provided under this section may include the

20 provision of equipment, supplies, services, training,

21 facility and infrastructure repair, renovation, con22 struction, and funds.

23 (3) SECRETARY OF STATE CONCURRENCE.—As24 sistance may be provided under this section only with

25 the concurrence of the Secretary of State.
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1 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI2 TIES.—The authority to provide assistance under this sec3 tion is in addition to any other authority to provide assist4 ance to foreign nations.

5 (d) TRANSFER AUTHORITY.—

6 (1) TRANSFERS AUTHORIZED.—Subject to para7 graph (2), amounts authorized to be appropriated by

8 subsection (a) may be transferred from the Afghani9 stan Security Forces Fund to any of the following ac10 counts and funds of the Department of Defense to ac11 complish the purposes provided in subsection (b):

12 (A) Military personnel accounts.

13 (B) Operation and maintenance accounts.

14 (C) Procurement accounts.

15 (D) Research, development, test, and evalua16 tion accounts.

17 (E) Defense working capital funds.

18 (F) Overseas Humanitarian, Disaster, and

19 Civic Aid.

20 (2) ADDITIONAL AUTHORITY.—The transfer au21 thority provided by paragraph (1) is in addition to

22 any other transfer authority available to the Depart23 ment of Defense.

24 (3) TRANSFERS BACK TO FUND.—Upon a deter25 mination that all or part of the funds transferred
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1 from the Afghanistan Security Forces Fund under

2 paragraph (1) are not necessary for the purpose for

3 which transferred, such funds may be transferred back

4 to the Afghanistan Security Forces Fund.

5 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

6 transfer of an amount to an account under the au7 thority in paragraph (1) shall be deemed to increase

8 the amount authorized for such account by an

9 amount equal to the amount transferred.

10 (e) PRIOR NOTICE TO CONGRESS OF OBLIGATION OR

11 TRANSFER.—Funds may not be obligated from the Afghani12 stan Security Forces Fund, or transferred under subsection

13 (d)(1), until five days after the date on which the Secretary

14 of Defense notifies the congressional defense committees in

15 writing of the details of the proposed obligation or transfer.

16 (f) CONTRIBUTIONS.—

17 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—

18 Subject to paragraph (2), the Secretary of Defense

19 may accept contributions of amounts to the Afghani20 stan Security Forces Fund for the purposes provided

21 in subsection (b) from any person, foreign govern22 ment, or international organization. Any amounts so

23 accepted shall be credited to the Afghanistan Security

24 Forces Fund.
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1 (2) LIMITATION.—The Secretary may not accept

2 a contribution under this subsection if the acceptance

3 of the contribution would compromise or appear to

4 compromise the integrity of any program of the De5 partment of Defense.

6 (3) USE.—Amounts accepted under this sub7 section shall be available for assistance authorized by

8 subsection (b), including transfer under subsection (d)

9 for that purpose.

10 (4) NOTIFICATION.—The Secretary shall notify

11 the congressional defense committees in writing upon

12 the acceptance, and upon the transfer under sub13 section (d), of any contribution under this subsection.

14 Such notice shall specify the source and amount of

15 any amount so accepted and the use of any amount

16 so accepted.

17 (g) QUARTERLY REPORTS.—Not later than 30 days

18 after the end of each fiscal-year quarter, the Secretary of

19 Defense shall submit to the congressional defense committees

20 a report summarizing the details of any obligation or trans21 fer of funds from the Afghanistan Security Forces Fund

22 during such fiscal-year quarter.

23 (h) DURATION OF AUTHORITY.—Amounts authorized

24 to be appropriated or contributed to the Fund during fiscal

25 year 2008 are available for obligation or transfer from the
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1 Afghanistan Security Forces Fund in accordance with this

2 section until September 30, 2009.

3 SEC. 1513. IRAQ FREEDOM FUND.

4 (a) IN GENERAL.—Funds are hereby authorized to be

5 appropriated for fiscal year 2008 for the Iraq Freedom

6 Fund in the amount of $107,500,000.

7 (b) TRANSFER.—

8 (1) TRANSFER AUTHORIZED.—Subject to para9 graph (2), amounts authorized to be appropriated by

10 subsection (a) may be transferred from the Iraq Free11 dom Fund to any accounts as follows:

12 (A) Operation and maintenance accounts of

13 the Armed Forces.

14 (B) Military personnel accounts.

15 (C) Research, development, test, and evalua16 tion accounts of the Department of Defense.

17 (D) Procurement accounts of the Depart18 ment of Defense.

19 (E) Accounts providing funding for classi20 fied programs.

21 (F) The operating expenses account of the

22 Coast Guard.

23 (2) NOTICE TO CONGRESS.—A transfer may not

24 be made under the authority in paragraph (1) until

25 five days after the date on which the Secretary of De-
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1 fense notifies the congressional defense committees in

2 writing of the transfer.

3 (3) TREATMENT OF TRANSFERRED FUNDS.—

4 Amounts transferred to an account under the author5 ity in paragraph (1) shall be merged with amounts

6 in such account and shall be made available for the

7 same purposes, and subject to the same conditions

8 and limitations, as amounts in such account.

9 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

10 transfer of an amount to an account under the au11 thority in paragraph (1) shall be deemed to increase

12 the amount authorized for such account by an

13 amount equal to the amount transferred.

14 SEC. 1514. DEFENSE WORKING CAPITAL FUNDS.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2008 for the use of the Armed Forces and other

17 activities and agencies of the Department of Defense for

18 providing capital for the Defense Working Capital Funds

19 in the amount of $1,676,275,000.

20 SEC. 1515. NATIONAL DEFENSE SEALIFT FUND.

21 Funds are hereby authorized to be appropriated for fis22 cal year 2008 for the National Defense Sealift Fund in the

23 amount of $5,100,000.
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1 SEC. 1516. DEFENSE INSPECTOR GENERAL.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2008 for the Department of Defense for expenses,

4 not otherwise provided for, for the Office of Inspector Gen5 eral of the Department of Defense in the amount of

6 $4,394,000, for Operation and Maintenance.

7 SEC. 1517. REPORTS ON MITIGATION OF EFFECTS OF EX8 PLOSIVELY FORMED PROJECTILES AND

9 MINES.

10 (a) REPORT ON EXPLOSIVELY FORMED PROJEC11 TILES.—

12 (1) IN GENERAL.—Not later than 90 days after

13 the date of the enactment of this Act, and every 60

14 days thereafter, the Secretary of Defense shall submit

15 to the congressional defense committees a report, in

16 both classified and unclassified forms, on explosively

17 formed projectiles.

18 (2) CONTENT.—Each report submitted under

19 paragraph (1) shall include the following:

20 (A) A comprehensive plan of action for im21 proving capabilities to mitigate the effects of ex22 plosively formed projectiles (EFPs), including

23 the development of technologies, training pro24 grams, tactics, techniques, and procedures, and

25 an estimate of the funding required to execute the

26 plan.
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1 (B) Detailed descriptions of the effectiveness

2 of any fielded EFP mitigation technologies,

3 training programs, tactics, techniques, and pro4 cedures, and ways in which they could be im5 proved.

6 (C) A description of the individual projects

7 that comprise the plan of action.

8 (D) A schedule for completing and fielding

9 each project.

10 (E) The contract delivery dates, progress to11 wards completion, and forecast completion date

12 for each project.

13 (F) A comprehensive description of any de14 viation from contract terms and an explanation

15 of any cost and schedule variance and how such

16 variance affects fielding deliverables, and a plan

17 for addressing such deviations and variances.

18 (G) Recommendations for additional au19 thorities, which if provided to the Secretary,

20 would improve the ability of the Department of

21 Defense to rapidly field counter EFP capabilities

22 and protection against the effects of EFPs.

23 (H) An analysis of any industrial base

24 issues affecting the plan outlined under subpara25 graph (A).
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1 (I) Mechanisms for sharing counter EFP

2 capabilities with appropriate coalition partners.

3 (J) The most current available data on the

4 effects of EFPs on United States, coalition, and

5 allied forces in Iraq and Afghanistan.

6 (b) REPORT ON MINE RESISTANT AMBUSH PRO7 TECTED VEHICLES.—

8 (1) IN GENERAL.—Not later than 90 days after

9 the date of the enactment of this Act, and every 30

10 days thereafter, the Secretary of Defense shall submit

11 to the congressional defense committees a report on

12 Mine Resistant Ambush Protected (MRAP) vehicles.

13 (2) CONTENT.—Each report submitted under

14 paragraph (1) shall include the following:

15 (A) The total requirement of all military

16 services for MRAP vehicles, including MRAP I,

17 spiral upgrades, and MRAP II variants.

18 (B) A comprehensive plan for transporting

19 and fielding all variants to the United States

20 Central Command (CENTCOM) area of oper21 ations.

22 (C) An assessment of completed production,

23 transportation, and fielding of MRAP vehicles

24 and a forecast of future production, transpor25 tation, and fielding functions.
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1 (D) An explanation of any deviation be2 tween the planned and actual numbers of vehi3 cles fielded for the reporting period.

4 (E) Funding required to execute production,

5 transportation, and fielding, and an analysis of

6 any industrial base issues affecting such func7 tions.

8 (F) The required delivery schedule for each

9 contract to procure MRAP vehicles.

10 (G) A comprehensive description and expla11 nation of cost and schedule variance, and any

12 deviation from contract terms, how that variance

13 or deviation affects overall program performance,

14 and corrective actions planned to address such

15 variance and deviation.

16 (H) Recommendations for additional au17 thorities, which if provided to the Secretary,

18 would improve the ability of the Department of

19 Defense to rapidly field MRAP vehicles.

20 (I) Plans for armor upgrades, and their im21 pact on automotive performance and

22 sustainment.

23 (J) An explanation of any safety issues or

24 limitations on the vehicles.
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1 (K) Anticipated short and long term

2 sustainment issues, including an explanation of

3 the maintenance concept for sustainment after

4 the initial contractor logistic support period and

5 the projected annual funding required.

6 (L) A detailed description of MRAP pro7 gram costs, including research and development,

8 procurement, maintenance, logistics, and end to

9 end transportation costs.

10 (c) REPORT ON TACTICAL WHEELED VEHICLES

11 STRATEGY.—

12 (1) IN GENERAL.—Not later than 180 days after

13 the date of the enactment of this Act, the Secretary of

14 Defense shall submit to the congressional defense com15 mittees a report on the near and long term tactical

16 wheeled vehicle fleet modernization strategies of the

17 Army and Marine Corps.

18 (2) CONTENT.—The report required under para19 graph (1) shall include the following:

20 (A) A description of the impact of the Mine

21 Resistant Ambush Protected vehicle program on

22 the current acquisition strategies and procure23 ment plans of the Army and Marine Corps for

24 the tactical wheeled vehicle fleet, including inven-
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1 tory mix, overall sustainment cost, and logistical

2 and industrial base issues.

3 (B) Plans for the Joint Light Tactical Vehi4 cle program, including an assessment of the con5 tinued validity of previously adopted Key Per6 formance Parameters.

7 (C) A science and technology investment

8 strategy, including a description of current tech9 nical barriers, near and long term technology ob10 jectives, coordination of activities of the various

11 military departments, Defense Agencies, and

12 commercial industry entities, and technology

13 demonstration and transition plans to support

14 the Long Term Armoring Strategy (LTAS).

15 (D) A strategy to fund and execute suffi16 cient developmental and operational test and

17 evaluation to ensure that deployed systems are

18 operationally effective, including a description of

19 the role of the Director of Operational Test and

20 Evaluation in the development and execution of

21 the Long Term Armoring Strategy.

22 (E) Plans to utilize the Army reset and re23 capitalization process to maintain the legacy

24 tactical wheeled vehicle fleet.

25 (d) REPORT ON LONG TERM ARMORING STRATEGY.—
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1 (1) IN GENERAL.—Not later than 180 days after

2 the date of the enactment of this Act, the Secretary of

3 Defense shall submit to the congressional defense com4 mittees a report, in classified and unclassified forms,

5 on the Long Term Armoring Strategy of the Army

6 and Marine Corps.

7 (2) CONTENT.—The report required under para8 graph (1) shall include the following:

9 (A) An estimate of the funding required to

10 execute the strategy.

11 (B) Specific plans for balancing force pro12 tection, payload, performance, and deployability

13 requirements across the range of wheeled vehicle

14 variants.

15 (C) A science and technology investment

16 strategy, including a description of current tech17 nical barriers, near and long term technology ob18 jectives, coordination of activities of the various

19 military departments, Defense Agencies, and

20 commercial industry entities, and technology

21 demonstration and transition plans.

22 (D) A test and evaluation master plan, in23 cluding a description of the role of the Director

24 of Operational Test and Evaluation in the devel25 opment and execution of LTAS.
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1 (E) An analysis of industrial base or man2 ufacturing issues related to achieving sufficient

3 and sustainable production rates.

4 Subtitle B—General Provisions

5 Relating to Authorizations

6 SEC. 1521. PURPOSE.

7 The purpose of this title is to authorize additional ap8 propriations for the Department of Defense for fiscal year

9 2008 for the incremental costs of Operation Iraqi Freedom

10 and Operation Enduring Freedom.

11 SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

12 The amounts authorized to be appropriated by this

13 title are in addition to amounts otherwise authorized to be

14 appropriated by this Act.

15 SEC. 1523. SPECIAL TRANSFER AUTHORITY.

16 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

17 (1) AUTHORITY.—Upon determination by the

18 Secretary of Defense that such action is necessary in

19 the national interest, the Secretary may transfer

20 amounts of authorizations made available to the De21 partment of Defense in this title for fiscal year 2008

22 between any such authorizations for that fiscal year

23 (or any subdivisions thereof). Amounts of authoriza24 tions so transferred shall be merged with and be
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1 available for the same purposes as the authorization

2 to which transferred.

3 (2) LIMITATION.—The total amount of author4 izations that the Secretary may transfer under the

5 authority of this section may not exceed

6 $3,500,000,000.

7 (b) TERMS AND CONDITIONS.—Transfers under this

8 section shall be subject to the same terms and conditions

9 as transfers under section 1001.

10 (c) ADDITIONAL AUTHORITY.—The transfer authority

11 provided by this section is in addition to the transfer au12 thority provided under section 1001.

13 Subtitle C—Other Matters

14 SEC. 1531. LIMITATION ON AVAILABILITY OF FUNDS FOR

15 CERTAIN PURPOSES RELATING TO IRAQ.

16 No funds appropriated pursuant to an authorization

17 of appropriations in this Act may be obligated or expended

18 for a purpose as follows:

19 (1) To establish any military installation or base

20 for the purpose of providing for the permanent sta21 tioning of United States Armed Forces in Iraq.

22 (2) To exercise United States control of the oil

23 resources of Iraq.
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1 SEC. 1532. REIMBURSEMENT OF CERTAIN COALITION NA2 TIONS FOR SUPPORT PROVIDED TO UNITED

3 STATES MILITARY OPERATIONS.

4 (a) AUTHORITY.—From funds made available for the

5 Department of Defense by section 1506 for operation and

6 maintenance, Defense-wide activities, the Secretary of De7 fense may reimburse any key cooperating nation for

8 logistical and military support provided by that nation to

9 or in connection with United States military operations in

10 Operation Iraqi Freedom or Operation Enduring Freedom.

11 (b) AMOUNTS OF REIMBURSEMENT.—

12 (1) IN GENERAL.—Reimbursement authorized by

13 subsection (a) may be made in such amounts as the

14 Secretary of Defense, with the concurrence of the Sec15 retary of State and in consultation with the Director

16 of the Office of Management and Budget, may deter17 mine, based on documentation determined by the Sec18 retary of Defense to adequately account for the sup19 port provided.

20 (2) STANDARDS.—Not later than 30 days after

21 the date of the enactment of this Act, the Secretary of

22 Defense shall prescribe standards for determining the

23 kinds of logistical and military support to the United

24 States that shall be considered reimbursable under the

25 authority in subsection (a). Such standards may not

26 take effect until 15 days after the date on which the
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1 Secretary submits to the congressional defense com2 mittees a report setting forth such standards.

3 (c) LIMITATIONS.—

4 (1) LIMITATION ON AMOUNT.—The total amount

5 of reimbursements made under the authority in sub6 section (a) during fiscal year 2008 may not exceed

7 $1,200,000,000.

8 (2) PROHIBITION ON CONTRACTUAL OBLIGATIONS

9 TO MAKE PAYMENTS.—The Secretary of Defense may

10 not enter into any contractual obligation to make a

11 reimbursement under the authority in subsection (a).

12 (d) NOTICE TO CONGRESS.—The Secretary of Defense

13 shall—

14 (1) notify the congressional defense committees

15 not less than 15 days before making any reimburse16 ment under the authority in subsection (a); and

17 (2) submit to the congressional defense commit18 tees on a quarterly basis a report on any reimburse19 ments made under the authority in subsection (a)

20 during such quarter.

21 SEC. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES

22 SUPPORTING OPERATIONS IN IRAQ AND AF23 GHANISTAN.

24 (a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUP25 PORT.—Subject to the provisions of this section, amounts
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1 available to the Department of Defense for fiscal year 2008

2 for operation and maintenance may be used to provide sup3 plies, services, transportation (including airlift and sealift),

4 and other logistical support to coalition forces supporting

5 United States military and stabilization operations in Iraq

6 and Afghanistan.

7 (b) REQUIRED DETERMINATION.—The Secretary may

8 provide logistical support under the authority in subsection

9 (a) only if the Secretary determines that the coalition forces

10 to be provided the logistical support—

11 (1) are essential to the success of a United States

12 military or stabilization operation; and

13 (2) would not be able to participate in such op14 eration without the provision of the logistical support.

15 (c) COORDINATION WITH EXPORT CONTROL LAWS.—

16 Logistical support may be provided under the authority in

17 subsection (a) only in accordance with applicable provi18 sions of the Arms Export Control Act and other export con19 trol laws of the United States.

20 (d) LIMITATION ON VALUE.—The total amount of

21 logistical support provided under the authority in sub22 section (a) in fiscal year 2008 may not exceed

23 $400,000,000.

24 (e) QUARTERLY REPORTS.—
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1 (1) REPORTS REQUIRED.—Not later than 15

2 days after the end of each fiscal-year quarter of fiscal

3 year 2008, the Secretary shall submit to the congres4 sional defense committees a report on the provision of

5 logistical support under the authority in subsection

6 (a) during such fiscal-year quarter.

7 (2) ELEMENTS.—Each report under paragraph

8 (1) shall include, for the fiscal-year quarter covered

9 by such report, the following:

10 (A) Each nation provided logistical support

11 under the authority in subsection (a).

12 (B) For each such nation, a description of

13 the type and value of logistical support so pro14 vided.

15 SEC. 1534. COMPETITION FOR PROCUREMENT OF SMALL

16 ARMS SUPPLIED TO IRAQ AND AFGHANISTAN.

17 (a) COMPETITION REQUIREMENT.—For the procure18 ment of pistols and other weapons described in subsection

19 (b), the Secretary of Defense shall ensure, consistent with

20 the provisions of section 2304 of title 10, United States

21 Code, that—

22 (1) full and open competition is obtained to the

23 maximum extent practicable;

24 (2) no responsible United States manufacturer is

25 excluded from competing for such procurements; and
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1 (3) products manufactured in the United States

2 are not excluded from the competition.

3 (b) PROCUREMENTS COVERED.—This section applies

4 to the procurement of the following:

5 (1) Pistols and other weapons less than 0.50 cal6 iber for assistance to the Army of Iraq, the Iraqi Po7 lice Forces, and other Iraqi security organizations.

8 (2) Pistols and other weapons less than 0.50 cal9 iber for assistance to the Army of Afghanistan, the

10 Afghani Police Forces, and other Afghani security or11 ganizations.

12 SEC. 1535. REPORT ON SUPPORT FROM IRAN FOR ATTACKS

13 AGAINST COALITION FORCES IN IRAQ.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) Since January 19, 1984, the Secretary of

16 State has designated the Islamic Republic of Iran as

17 a ‘‘state sponsor of terrorism,’’ one of only five coun18 tries in the world at present so designated.

19 (2) The Department of State, in its most recent

20 ‘‘Country Reports on Terrorism,’’ stated that ‘‘Iran

21 remained the most active state sponsor of terrorism’’

22 in 2006.

23 (3) The most recent Country Reports on Ter24 rorism report further stated, ‘‘Iran continued [in

25 2006] to play a destabilizing role in Iraq. . . Iran pro-
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1 vided guidance and training to select Iraqi Shia po2 litical groups, and weapons and training to Shia

3 militant groups to enable anti-Coalition attacks. Ira4 nian government forces have been responsible for at

5 least some of the increasing lethality of anti-Coalition

6 attacks by providing Shia militants with the capa7 bility to build IEDs with explosively formed projec8 tiles similar to those developed by Iran and Lebanese

9 Hezbollah. The Iranian Revolutionary Guard was

10 linked to armor-piercing explosives that resulted in

11 the deaths of Coalition Forces.’’

12 (4) In an interview published on June 7, 2006,

13 Zalmay Khalilzad, then-United States ambassador to

14 Iraq, said of Iranian support for extremist activity in

15 Iraq, ‘‘We can say with certainty that they support

16 groups that are attacking coalition troops. These

17 groups are using the same ammunition to destroy ar18 mored vehicles that the Iranians are supplying to

19 Hezbollah in Lebanon. They pay money to Shiite mi20 litias and they train some of the groups. We can’t say

21 whether Teheran is supporting Al Qaeda, but we do

22 know that Al Qaeda people come here from Pakistan

23 through Iran. And Ansar al Sunna, a partner organi24 zation of Zarqawi’s network, has a base in northwest

25 Iran.’’
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1 (5) On April 26, 2007, General David Petraeus,

2 commander of Multi-National Force-Iraq, said of Ira3 nian support for extremist activity in Iraq, ‘‘The level

4 of financing, the level of training on Iranian soil, the

5 level of equipping some sophisticated technologies. . .

6 even advice in some cases, has been very, very sub7 stantial and very harmful.’’

8 (6) On April 26, 2007, General Petraeus also

9 said of Iranian support for extremist activity in Iraq,

10 ‘‘We know that it goes as high as [Brig. Gen. Qassem]

11 Suleimani, who is the head of the Qods Force. . .. We

12 believe that he works directly for the supreme leader

13 of the country.’’

14 (7) On May 27, 2007, then-Major General Wil15 liam Caldwell, spokesperson for Multi-National Force16 Iraq, said, ‘‘What we do know is that the Iranian in17 telligence services, the Qods Force, is in fact both

18 training, equipping, and funding Shia extremist

19 groups. . . both in Iraq and also in Iran. . .. We have

20 in detention now people that we have captured that,

21 in fact, are Sunni extremist-related that have, in fact,

22 received both some funding and training from the

23 Iranian intelligence services, the Qods Force.’’

24 (8) On February 27, 2007, in testimony before

25 the Committee on Armed Services of the Senate, Lieu-
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1 tenant General Michael Maples, director of the De2 fense Intelligence Agency, said of Iranian support for

3 extremist activity in Iraq, ‘‘We believe Hezbollah is

4 involved in the training as well.’’

5 (9) On July 2, 2007, Brigadier General Kevin

6 Bergner, spokesperson for Multi-National Force-Iraq,

7 stated, ‘‘The Iranian Qods Force is using Lebanese

8 Hezbollah essentially as a proxy, as a surrogate in

9 Iraq.’’

10 (10) On July 2, 2007, Brigadier General

11 Bergner detailed the capture in southern Iraq by coa12 lition forces of Ali Musa Daqdaq, whom the United

13 States military believes to be a 24-year veteran of

14 Lebanese Hezbollah involved in the training of Iraqi

15 extremists in Iraq and Iran.

16 (11) The Department of State designates

17 Hezbollah a foreign terrorist organization.

18 (12) On July 2, 2007, Brigadier General

19 Bergner stated that the Iranian Qods Force operates

20 three camps near Teheran where it trains Iraqi ex21 tremists in cooperation with Lebanese Hezbollah, stat22 ing, ‘‘The Qods Force, along with Hezbollah instruc23 tors, train approximately 20 to 60 Iraqis at a time,

24 sending them back to Iraq organized into these special

25 groups. They are being taught how to use EPFs [ex-
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1 plosively formed penetrators], mortars, rockets, as

2 well as intelligence, sniper, and kidnapping oper3 ations.’’

4 (13) On July 2, 2007, Brigadier General

5 Bergner stated that Iraqi extremists receive between

6 $750,000 and $3,000,000 every month from Iranian

7 sources.

8 (14) On July 2, 2007, Brigadier General

9 Bergner stated that ‘‘[o]ur intelligence reveals that

10 senior leadership in Iran is aware of this activity’’

11 and that it would be ‘‘hard to imagine’’ that Aya12 tollah Ali Khamenei, the Supreme Leader of Iran, is

13 unaware of it.

14 (15) On July 2, 2007, Brigadier General

15 Bergner stated, ‘‘There does not seem to be any follow16 through on the commitments that Iran has made to

17 work with Iraq in addressing the destabilizing secu18 rity issues here in Iraq.’’

19 (16) On February 11, 2007, the United States

20 military held a briefing in Baghdad at which its rep21 resentatives stated that at least 170 members of the

22 United States Armed Forces have been killed, and at

23 least 620 wounded, by weapons tied to Iran.

24 (17) On January 20, 2007, a sophisticated at25 tack was launched by insurgents at the Karbala Pro-
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1 vincial Joint Coordination Center in Iraq, resulting

2 in the murder of five American soldiers, four of whom

3 were first abducted.

4 (18) On April 26, 2007, General Petraeus stated

5 that the so-called Qazali network was responsible for

6 the attack on the Karbala Provincial Joint Coordina7 tion Center and that ‘‘there’s no question that the

8 Qazali network is directly connected to the Iranian

9 Qods force [and has] received money, training, arms,

10 ammunition, and at some points in time even advice

11 and assistance and direction’’.

12 (19) On July 2, 2007, Brigadier General

13 Bergner stated that the United States Armed Forces

14 possesses documentary evidence that the Qods Force

15 had developed detailed information on the United

16 States position at the Karbala Provincial Joint Co17 ordination Center ‘‘regarding our soldiers’ activities,

18 shift changes, and defenses, and this information was

19 shared with the attackers’’.

20 (20) On July 2, 2007, Brigadier General

21 Bergner stated of the January 20 Karbala attackers,

22 ‘‘[They] could not have conducted this complex oper23 ation without the support and direction of the Qods

24 Force.’’
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1 (21) On May 28, 2007, the United States Am2 bassador to Iraq, Ryan Crocker, met in Baghdad with

3 representatives of the government of the Islamic Re4 public of Iran to express United States concern about

5 Iranian anti-coalition activity in Iraq;

6 (22) Section 1213(a) of the fiscal year 2007 John

7 Warner National Defense Authorization Act (Public

8 Law 109–364) required that the intelligence commu9 nity produce an updated National Intelligence Esti10 mate (NIE) on Iran.

11 (b) SENSE OF CONGRESS.—It is the sense of Congress

12 that—

13 (1) the murder of members of the United States

14 Armed Forces by a foreign government or its agents

15 is an intolerable and unacceptable act against the

16 United States by the foreign government in question;

17 and

18 (2) the Government of the Islamic Republic of

19 Iran must take immediate action to end any train20 ing, arming, equipping, funding, advising, and any

21 other forms of support that it or its agents are pro22 viding, and have provided, to Iraqi militias and in23 surgents, who are contributing to the destabilization

24 of Iraq and are responsible for the murder of members

25 of the United States Armed Forces.
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1 (3) It is imperative for the executive and legisla2 tive branches of the Federal government to have accu3 rate intelligence on Iran and therefore the intelligence

4 community should produce the NIE on Iran without

5 further delay;

6 (4) Congress supports United States diplomacy

7 with the representatives of the government of Islamic

8 Republic of Iran in order to stop any actions by the

9 Iranian government or its agents against United

10 States service members in Iraq;

11 (c) REPORT.—

12 (1) IN GENERAL.—Not later than 30 days after

13 the date of the enactment of this Act, and every 60

14 days thereafter, the Commander, Multi-National

15 Forces Iraq and the United States Ambassador to

16 Iraq in coordination with the Director of National

17 Intelligence shall jointly submit to Congress a report

18 describing and assessing in detail—

19 (A) any external support or direction pro20 vided to anti-coalition forces by the Government

21 of the Islamic Republic of Iran or its agents;

22 (B) the strategy and ambitions in Iraq of

23 the Government of the Islamic Republic of Iran;

24 and
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1 (C) any counter-strategy or efforts by the

2 United States Government to counter the activi3 ties of agents of the Government of the Islamic

4 Republic of Iran in Iraq.

5 (2) FORM.—Each report required under para6 graph (1) shall be in unclassified form to the extent

7 practical consistent with the need to protect national

8 security, but may contain a classified annex.

9 (d) Nothing in this section shall be construed to au10 thorize or otherwise speak to the use of Armed Forces

11 against Iran.

12 SEC. 1536. SENSE OF THE SENATE ON THE CONSEQUENCES

13 OF A FAILED STATE IN IRAQ.

14 (a) FINDINGS.—The Senate makes the following find15 ings:

16 (1) A failed state in Iraq would become a safe

17 haven for Islamic radicals, including al Qaeda and

18 Hezbollah, who are determined to attack the United

19 States and United States allies.

20 (2) The Iraq Study Group report found that ‘‘[a]

21 chaotic Iraq could provide a still stronger base of op22 erations for terrorists who seek to act regionally or

23 even globally’’.

24 (3) The Iraq Study Group noted that ‘‘Al Qaeda

25 will portray any failure by the United States in Iraq
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1 as a significant victory that will be featured promi2 nently as they recruit for their cause in the region

3 and around the world’’.

4 (4) A National Intelligence Estimate concluded

5 that the consequences of a premature withdrawal from

6 Iraq would be that—

7 (A) Al Qaeda would attempt to use Anbar

8 province to plan further attacks outside of Iraq;

9 (B) neighboring countries would consider

10 actively intervening in Iraq; and

11 (C) sectarian violence would significantly

12 increase in Iraq, accompanied by massive civil13 ian casualties and displacement.

14 (5) The Iraq Study Group found that ‘‘a pre15 mature American departure from Iraq would almost

16 certainly produce greater sectarian violence and fur17 ther deterioration of conditions. . .. The near-term re18 sults would be a significant power vacuum, greater

19 human suffering, regional destabilization, and a

20 threat to the global economy. Al Qaeda would depict

21 our withdrawal as a historic victory.’’

22 (6) A failed state in Iraq could lead to broader

23 regional conflict, possibly involving Syria, Iran,

24 Saudi Arabia, and Turkey.
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1 (7) The Iraq Study group noted that ‘‘Turkey

2 could send troops into northern Iraq to prevent

3 Kurdistan from declaring independence’’.

4 (8) The Iraq Study Group noted that ‘‘Iran

5 could send troops to restore stability in southern Iraq

6 and perhaps gain control of oil fields. The regional

7 influence of Iran could rise at a time when that coun8 try is on a path to producing nuclear weapons.’’

9 (9) A failed state in Iraq would lead to massive

10 humanitarian suffering, including widespread ethnic

11 cleansing and countless refugees and internally dis12 placed persons, many of whom will be tortured and

13 killed for having assisted Coalition forces.

14 (10) A recent editorial in the New York Times

15 stated, ‘‘Americans must be clear that Iraq, and the

16 region around it, could be even bloodier and more

17 chaotic after Americans leave. There could be repris18 als against those who worked with American forces,

19 further ethnic cleansing, even genocide. Potentially

20 destabilizing refugee flows could hit Jordan and

21 Syria. Iran and Turkey could be tempted to make

22 power grabs.’’

23 (11) The Iraq Study Group found that ‘‘[i]f we

24 leave and Iraq descends into chaos, the long-range
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1 consequences could eventually require the United

2 States to return’’.

3 (b) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that—

5 (1) the Senate should commit itself to a strategy

6 that will not leave a failed state in Iraq; and

7 (2) the Senate should not pass legislation that

8 will undermine our military’s ability to prevent a

9 failed state in Iraq.

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

11 (a) FINDINGS.—Congress makes the following findings:

12 (1) Iraq continues to experience a self-sustaining

13 cycle of sectarian violence.

14 (2) The ongoing sectarian violence presents a

15 threat to regional and world peace, and the long-term

16 security interests of the United States are best served

17 by an Iraq that is stable, not a haven for terrorists,

18 and not a threat to its neighbors.

19 (3) A central focus of al Qaeda in Iraq has been

20 to turn sectarian divisions in Iraq into sectarian vio21 lence through a concentrated series of attacks, the

22 most significant being the destruction of the Golden

23 Dome of the Shia al-Askariyah Mosque in Samarra

24 in February 2006.
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1 (4) Iraqis must reach a comprehensive and sus2 tainable political settlement in order to achieve sta3 bility, and the failure of the Iraqis to reach such a

4 settlement is a primary cause of violence in Iraq.

5 (5) Article One of the Constitution of Iraq de6 clares Iraq to be a ‘‘single, independent federal state’’.

7 (6) Section Five of the Constitution of Iraq de8 clares that the ‘‘federal system in the Republic of Iraq

9 is made up of a decentralized capital, regions, and

10 governorates, and local administrations’’ and enumer11 ates the expansive powers of regions and the limited

12 powers of the central government and establishes the

13 mechanisms for the creation of new federal regions.

14 (7) The federal system created by the Constitu15 tion of Iraq would give Iraqis local control over their

16 police and certain laws, including those related to em17 ployment, education, religion, and marriage.

18 (8) The Constitution of Iraq recognizes the ad19 ministrative role of the Kurdistan Regional Govern20 ment in 3 northern Iraqi provinces, known also as the

21 Kurdistan Region.

22 (9) The Kurdistan region, recognized by the Con23 stitution of Iraq, is largely stable and peaceful.

24 (10) The Iraqi Parliament approved a fed25 eralism law on October 11th, 2006, which establishes
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1 procedures for the creation of new federal regions and

2 will go into effect 18 months after approval.

3 (11) Iraqis recognize Baghdad as the capital of

4 Iraq, and the Constitution of Iraq stipulates that

5 Baghdad may not merge with any federal region.

6 (12) Despite their differences, Iraq’s sectarian

7 and ethnic groups support the unity and territorial

8 integrity of Iraq.

9 (13) Iraqi Prime Minister Nouri al-Maliki stated

10 on November 27, 2006, ‘‘[t]he crisis is political, and

11 the ones who can stop the cycle of aggravation and

12 bloodletting of innocents are the politicians’’.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that—

15 (1) the United States should actively support a

16 political settlement in Iraq based on the final provi17 sions of the Constitution of Iraq that create a federal

18 system of government and allow for the creation of

19 federal regions, consistent with the wishes of the Iraqi

20 people and their elected leaders;

21 (2) the active support referred to in paragraph

22 (1) should include—

23 (A) calling on the international community,

24 including countries with troops in Iraq, the per25 manent 5 members of the United Nations Secu-
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1 rity Council, members of the Gulf Cooperation

2 Council, and Iraq’s neighbors—

3 (i) to support an Iraqi political settle4 ment based on federalism;

5 (ii) to acknowledge the sovereignty and

6 territorial integrity of Iraq; and

7 (iii) to fulfill commitments for the ur8 gent delivery of significant assistance and

9 debt relief to Iraq, especially those made by

10 the member states of the Gulf Cooperation

11 Council;

12 (B) further calling on Iraq’s neighbors to

13 pledge not to intervene in or destabilize Iraq and

14 to agree to related verification mechanisms; and

15 (C) convening a conference for Iraqis to

16 reach an agreement on a comprehensive political

17 settlement based on the federalism law approved

18 by the Iraqi Parliament on October 11, 2006;

19 (3) the United States should urge the Govern20 ment of Iraq to quickly agree upon and implement a

21 law providing for the equitable distribution of oil rev22 enues, which is a critical component of a comprehen23 sive political settlement based upon federalism;

24 (4) the steps described in paragraphs (1), (2),

25 and (3) could lead to an Iraq that is stable, not a
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1 haven for terrorists, and not a threat to its neighbors;

2 and

3 (5) nothing in this Act should be construed in

4 any way to infringe on the sovereign rights of the na5 tion of Iraq.

6 SEC. 1538. SENSE OF SENATE ON IRAN.

7 (a) FINDINGS.—The Senate makes the following find8 ings:

9 (1) General David Petraeus, commander of the

10 Multi-National Force Iraq, stated in testimony before

11 a joint session of the Committee on Armed Services

12 and the Committee on Foreign Affairs of the House

13 of Representatives on September 10, 2007, that ‘‘[i]t

14 is increasingly apparent to both coalition and Iraqi

15 leaders that Iran, through the use of the Iranian Re16 publican Guard Corps Qods Force, seeks to turn the

17 Shi’a militia extremists into a Hezbollah-like force to

18 serve its interests and fight a proxy war against the

19 Iraqi state and coalition forces in Iraq’’.

20 (2) Ambassador Ryan Crocker, United States

21 Ambassador to Iraq, stated in testimony before a joint

22 session of the Committee on Armed Services and the

23 Committee on Foreign Affairs of the House of Rep24 resentatives on September 10, 2007, that ‘‘Iran plays

25 a harmful role in Iraq. While claiming to support
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1 Iraq in its transition, Iran has actively undermined

2 it by providing lethal capabilities to the enemies of

3 the Iraqi state’’.

4 (3) The most recent National Intelligence Esti5 mate on Iraq, published in August 2007, states that

6 ‘‘Iran has been intensifying aspects of its lethal sup7 port for select groups of Iraqi Shia militants, particu8 larly the JAM [Jaysh al-Mahdi], since at least the be9 ginning of 2006. Explosively formed penetrator

10 (EFP) attacks have risen dramatically’’.

11 (4) The Report of the Independent Commission

12 on the Security Forces of Iraq, released on September

13 6, 2007, states that ‘‘[t]he Commission concludes that

14 the evidence of Iran’s increasing activism in the

15 southeastern part of the country, including Basra and

16 Diyala provinces, is compelling. . . It is an accepted

17 fact that most of the sophisticated weapons being used

18 to ‘defeat’ our armor protection comes across the bor19 der from Iran with relative impunity’’.

20 (5) General (Ret.) James Jones, chairman of the

21 Independent Commission on the Security Forces of

22 Iraq, stated in testimony before the Committee on

23 Armed Services of the Senate on September 6, 2007,

24 that ‘‘[w]e judge that the goings-on across the Iranian

25 border in particular are of extreme severity and have
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1 the potential of at least delaying our efforts inside the

2 country. Many of the arms and weapons that kill and

3 maim our soldiers are coming from across the Ira4 nian border’’.

5 (6) Ambassador Crocker further testified before

6 Congress on September 11, 2007, with respect to talks

7 with Iran, That ‘‘I think that it’s an option that we

8 want to preserve. Our first couple of rounds did not

9 produce anything. I don’t think that we should either,

10 therefore, be in a big hurry to have another round,

11 nor do I think we should say we’re not going to talk

12 anymore. . . I do believe it’s important to keep the op13 tion for further discussions on the table.’’

14 (7) Secretary of Defense Robert Gates stated on

15 September 16, 2007, That ‘‘I think that the adminis16 tration believes at this point that continuing to try

17 and deal with the Iranian threat, the Iranian chal18 lenge, through diplomatic and economic means is by

19 far the preferable approach. That’s the one we are

20 using. . .we always say all options are on the table,

21 but clearly, the diplomatic and economic approach is

22 the one that we are pursuing.’’

23 (8) General Petraeus said of Iranian support for

24 extremist activity in Iraq on April 26, 2007, that

25 ‘‘[w]e know that it goes as high as [Brig. Gen.
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1 Qassem] Suleimani, who is the head of the Qods

2 Force. . . We believe that he works directly for the su3 preme leader of the country’’.

4 (9) Mahmoud Ahmedinejad, the president of

5 Iran, stated on August 28, 2007, with respect to the

6 United States presence in Iraq, that ‘‘[t]he political

7 power of the occupiers is collapsing rapidly. Soon we

8 will see a huge power vacuum in the region. Of course

9 we are prepared to fill the gap’’.

10 (10) Ambassador Crocker testified to Congress,

11 with respect to President Ahmedinejad’s statement, on

12 September 11, 2007, that ‘‘[t]he Iranian involvement

13 in Iraq—its support for extremist militias, training,

14 connections to Lebanese Hezbollah, provision of muni15 tions that are used against our force as well as the

16 Iraqis—are all, in my view, a pretty clear dem17 onstration that Ahmedinejad means what he says,

18 and is already trying to implement it to the best of

19 his ability’’.

20 (11) General Petraeus stated on September 12,

21 2007, with respect to evidence of the complicity of

22 Iran in the murder of members of the Armed Forces

23 of the United States in Iraq, that ‘‘[t]e evidence is

24 very, very clear. We captured it when we captured

25 Qais Khazali, the Lebanese Hezbollah deputy com-
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1 mander, and others, and it’s in black and white. . . We

2 interrogated these individuals. We have on tape. . .

3 Qais Khazali himself. When asked, could you have

4 done what you have done without Iranian support, he

5 literally throws up his hands and laughs and says, of

6 course not. . . So they told us about the amounts of

7 money that they have received. They told us about the

8 training that they received. They told us about the

9 ammunition and sophisticated weaponry and all of

10 that that they received’’.

11 (12) General Petraeus further stated on Sep12 tember 14, 2007, that ‘‘[w]hat we have got is evidence.

13 This is not intelligence. This is evidence, off com14 puters that we captured, documents and so forth. . . In

15 one case, a 22-page document that lays out the plan16 ning, reconnaissance, rehearsal, conduct, and after17 math of the operation conducted that resulted in the

18 death of five of our soldiers in Karbala back in Janu19 ary’’.

20 (13) The Department of Defense report to Con21 gress entitled ‘‘Measuring Stability and Security in

22 Iraq’’ and released on September 18, 2007, consistent

23 with section 9010 of Public Law 109–289, states that

24 ‘‘[t]here has been no decrease in Iranian training and

25 funding of illegal Shi’a militias in Iraq that attack
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1 Iraqi and Coalition forces and civilians. . . Tehran’s

2 support for these groups is one of the greatest impedi3 ments to progress on reconciliation’’.

4 (14) The Department of Defense report further

5 states, with respect to Iranian support for Shi’a ex6 tremist groups in Iraq, that ‘‘[m]ost of the explosives

7 and ammunition used by these groups are provided

8 by the Iranian Islamic Revolutionary Guard Corps–

9 Qods Force. . . For the period of June through the end

10 of August, [explosively formed penetrator] events are

11 projected to rise by 39 percent over the period of

12 March through May’’.

13 (15) Since May 2007, Ambassador Crocker has

14 held three rounds of talks in Baghdad on Iraq secu15 rity with representatives of the Government of the Is16 lamic Republic of Iran.

17 (16) Ambassador Crocker testified before Con18 gress on September 10, 2007, with respect to these

19 talks, stating that ‘‘I laid out the concerns we had

20 over Iranian activity that was damaging to Iraq’s se21 curity, but found no readiness on Iranians’ side at all

22 to engage seriously on these issues. The impression I

23 came with after a couple rounds is that the Iranians

24 were interested simply in the appearance of discus25 sions, of being seen to be at the table with the U.S.
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1 as an arbiter of Iraq’s present and future, rather than

2 actually doing serious business. . .Right now, I

3 haven’t seen any sign of earnest or seriousness on the

4 Iranian side’’.

5 (17) Ambassador Crocker testified before Con6 gress on September 11, 2007, stating that ‘‘[w]e have

7 seen nothing on the ground that would suggest that

8 the Iranians are altering what they’re doing in sup9 port of extremist elements that are going after our

10 forces as well as the Iraqis’’.

11 (b) SENSE OF SENATE.—It is the sense of the Senate—

12 (1) that the manner in which the United States

13 transitions and structures its military presence in

14 Iraq will have critical long-term consequences for the

15 future of the Persian Gulf and the Middle East, in

16 particular with regard to the capability of the Gov17 ernment of the Islamic Republic of Iran to pose a

18 threat to the security of the region, the prospects for

19 democracy for the people of the region, and the health

20 of the global economy;

21 (2) that it is a critical national interest of the

22 United States to prevent the Government of the Is23 lamic Republic of Iran from turning Shi’a militia ex24 tremists in Iraq into a Hezbollah-like force that could

25 serve its interests inside Iraq, including by over-
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1 whelming, subverting, or co-opting institutions of the

2 legitimate Government of Iraq;

3 (3) that the United States should designate

4 Iran’s Islamic Revolutionary Guards Corps as a for5 eign terrorist organization under section 219 of the

6 Immigration and Nationality Act and place the Is7 lamic Revolutionary Guards Corps on the list of Spe8 cially Designated Global Terrorists, as established

9 under the International Emergency Economic Powers

10 Act and initiated under Executive Order 13224; and

11 (4) that the Department of the Treasury should

12 act with all possible expediency to complete the listing

13 of those entities targeted under United Nations Secu14 rity Council Resolutions 1737 and 1747 adopted

15 unanimously on December 23, 2006 and March 24,

16 2007, respectively.

17 SEC. 1539. STUDY AND INVESTIGATION OF WARTIME CON18 TRACTS AND CONTRACTING PROCESSES IN

19 OPERATION IRAQI FREEDOM AND OPERATION

20 ENDURING FREEDOM.

21 (a) COMMISSION ON WARTIME CONTRACTING.—

22 (1) ESTABLISHMENT.—There is hereby estab23 lished a commission to be known as the ‘‘Commission

24 on Wartime Contracting’’ (in this subsection referred

25 to as the ‘‘Commission’’).
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1 (2) MEMBERSHIP MATTERS.—

2 (A) MEMBERSHIP.—The Commission shall

3 be composed of 8 members, as follows:

4 (i) 2 members shall be appointed by

5 the Majority Leader of the Senate, in con6 sultation with the Chairmen of the Com7 mittee on Armed Services and the Com8 mittee on Homeland Security and Govern9 mental Affairs of the Senate.

10 (ii) 2 members shall be appointed by

11 the Speaker of the House of Representatives,

12 in consultation with the Chairmen of the

13 Committee on Armed Services and the Com14 mittee on Oversight and Government Re15 form of the House of Representatives.

16 (iii) 1 member shall be appointed by

17 the Minority Leader of the Senate, in con18 sultation with the Ranking Minority Mem19 bers of the Committee on Armed Services

20 and the Committee on Homeland Security

21 and Governmental Affairs of the Senate.

22 (iv) 1 member shall be appointed by

23 the Minority Leader of the House of Rep24 resentatives, in consultation with the Rank25 ing Minority Member of the Committee on
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1 Armed Services and the Committee on Over2 sight and Government Reform of the House

3 of Representatives.

4 (v) 1 member shall be appointed by the

5 Secretary of Defense.

6 (vi) 1 member shall be appointed by

7 the Secretary of State.

8 (B) DEADLINE FOR APPOINTMENTS.—All

9 appointments to the Commission shall be made

10 not later than 90 days after the date of the en11 actment of this Act.

12 (C) CHAIRMAN AND VICE CHAIRMAN.—

13 (i) CHAIRMAN.—The chairman of the

14 Commission shall be a member of the Com15 mission selected by the members appointed

16 under clauses (i) and (ii) of subparagraph

17 (A), but only if approved by the vote of a

18 majority of the members of the Commission.

19 (ii) VICE CHAIRMAN.—The vice chair20 man of the Commission shall be a member

21 of the Commission selected by the members

22 appointed under clauses (iii) and (iv) of

23 subparagraph (A), but only if approved by

24 the vote of a majority of the members of the

25 Commission.
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1 (D) VACANCY.—In the event of a vacancy in

2 the Commission, the individual appointed to fill

3 the membership shall be of the same political

4 party as the individual vacating the member5 ship.

6 (3) DUTIES.—

7 (A) GENERAL DUTIES.—The Commission

8 shall study and investigate the following matters:

9 (i) Federal agency contracting for the

10 reconstruction of Iraq and Afghanistan.

11 (ii) Federal agency contracting for the

12 logistical support of coalition forces in Op13 eration Iraqi Freedom and Operation En14 during Freedom.

15 (iii) Federal agency contracting for the

16 performance of security and intelligence

17 functions in Operation Iraqi Freedom and

18 Operation Enduring Freedom.

19 (B) SCOPE OF CONTRACTING COVERED.—

20 The Federal agency contracting covered by this

21 paragraph includes contracts entered into both

22 in the United States and abroad for the perform23 ance of activities described in subparagraph (A),

24 whether performed in the United States or

25 abroad.
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1 (C) PARTICULAR DUTIES.—In carrying out

2 the study under this paragraph, the Commission

3 shall assess—

4 (i) the extent and impact of the reli5 ance of the Federal Government on contrac6 tors to perform functions (including secu7 rity, intelligence, and management func8 tions) in Operation Iraqi Freedom and Op9 eration Enduring Freedom;

10 (ii) the performance of the contracts

11 under review, and the mechanisms used to

12 manage the performance of the contracts

13 under review;

14 (iii) the extent of waste, fraud, abuse,

15 or mismanagement under such contracts;

16 (iv) the extent to which those respon17 sible for such waste, fraud, abuse, or mis18 management have been held financially or

19 legally accountable;

20 (v) the appropriateness of the organi21 zational structure, policies, practices, and

22 resources of the Department of Defense and

23 the Department of State for handling con24 tingency contract management and support;

25 and
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1 (vi) the extent of the misuse of force

2 and violations of the laws of war or Federal

3 law by contractors.

4 (4) REPORTS.—

5 (A) INTERIM REPORT.—On January 15,

6 2009, the Commission shall submit to Congress

7 an interim report on the study carried out under

8 paragraph (3), including the results and find9 ings of the study as of that date.

10 (B) OTHER REPORTS.—The Commission

11 may from time to time submit to Congress such

12 other reports on the study carried out under

13 paragraph (3) as the Commission considers ap14 propriate.

15 (C) FINAL REPORT.—Not later than two

16 years after the date of the appointment of all of

17 the members of the Commission under paragraph

18 (2), the Commission shall submit to Congress a

19 report on the study carried out under paragraph

20 (3). The report shall—

21 (i) include the findings of the Commis22 sion;

23 (ii) identify lessons learned on the con24 tracting covered by the study; and
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1 (iii) include specific recommendations

2 for improvements to be made in—

3 (I) the process for developing con4 tract requirements for wartime con5 tracts and contracts for contingency

6 operations;

7 (II) the process for awarding con8 tracts and task orders for wartime con9 tracts and contracts for contingency

10 operations;

11 (III) the process for managing

12 and providing oversight for the per13 formance of wartime contracts and

14 contracts for contingency operations;

15 (IV) the process for holding con16 tractors and their employees account17 able for waste, fraud, abuse, or mis18 management under wartime contracts

19 and contracts for contingency oper20 ations;

21 (V) the process for determining

22 which functions are inherently govern23 mental and which functions are appro24 priate for performance by contractors

25 in an area of combat operations (in-
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1 cluding an area of a contingency oper2 ation), including a determination

3 whether the use of civilian contractors

4 to provide security in an area of com5 bat operations is a function that is in6 herently governmental;

7 (VI) the organizational structure,

8 resources, policies, and practices of the

9 Department of Defense and the Depart10 ment of State handling contract man11 agement and support for wartime con12 tracts and contracts for contingency

13 operations; and

14 (VII) the process by which roles

15 and responsibilities with respect to

16 wartime contracts and contracts for

17 contingency operations are distributed

18 among the various departments and

19 agencies of the Federal Government,

20 and interagency coordination and

21 communication mechanisms associated

22 with wartime contracts and contracts

23 for contingency operations.

24 (5) OTHER POWERS AND AUTHORITIES.—
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1 (A) HEARINGS AND EVIDENCE.—The Com2 mission or, on the authority of the Commission,

3 any subcommittee or member thereof, may, for

4 the purpose of carrying out this subsection—

5 (i) hold such hearings and sit and act

6 at such times and places, take such testi7 mony, receive such evidence, administer

8 such oaths (provided that the quorum for a

9 hearing shall be three members of the Com10 mission); and

11 (ii) provide for the attendance and tes12 timony of such witnesses and the production

13 of such books, records, correspondence,

14 memoranda, papers, and documents,

15 as the Commission or such designated sub16 committee or designated member may determine

17 advisable.

18 (B) INABILITY TO OBTAIN DOCUMENTS OR

19 TESTIMONY.—In the event the Commission is un20 able to obtain testimony or documents needed to

21 conduct its work, the Commission shall notify the

22 committees of Congress of jurisdiction and ap23 propriate investigative authorities.

24 (C) ACCESS TO INFORMATION.—The Com25 mission may secure directly from the Depart-
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1 ment of Defense and any other department or

2 agency of the Federal Government any informa3 tion or assistance that the Commission considers

4 necessary to enable the Commission to carry out

5 the requirements of this subsection. Upon request

6 of the Commission, the head of such department

7 or agency shall furnish such information expedi8 tiously to the Commission. Whenever informa9 tion or assistance requested by the Commission

10 is unreasonably refused or not provided, the

11 Commission shall report the circumstances to

12 Congress without delay.

13 (D) PERSONNEL.—The Commission shall

14 have the authorities provided in section 3161 of

15 title 5, United States Code, and shall be subject

16 to the conditions set forth in such section, except

17 to the extent that such conditions would be in18 consistent with the requirements of this sub19 section.

20 (E) DETAILEES.—Any employee of the Fed21 eral Government may be detailed to the Commis22 sion without reimbursement from the Commis23 sion, and such detailee shall retain the rights,

24 status, and privileges of his or her regular em25 ployment without interruption.
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1 (F) SECURITY CLEARANCES.—The appro2 priate departments or agencies of the Federal

3 Government shall cooperate with the Commission

4 in expeditiously providing to the Commission

5 members and staff appropriate security clear6 ances to the extent possible pursuant to existing

7 procedures and requirements, except that no per8 son shall be provided with access to classified in9 formation under this section without the appro10 priate security clearances.

11 (G) VIOLATIONS OF LAW.—

12 (i) REFERRAL TO ATTORNEY GEN13 ERAL.—The Commission may refer to the

14 Attorney General any violation or potential

15 violation of law identified by the Commis16 sion in carrying out its duties under this

17 subsection.

18 (ii) REPORTS ON RESULTS OF REFER19 RAL.—The Attorney General shall submit to

20 Congress a report on each prosecution, con21 viction, resolution, or other disposition that

22 results from a referral made under this sub23 paragraph.

24 (6) TERMINATION.—The Commission shall ter25 minate on the date that is 60 days after the date of
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1 the submittal of its final report under paragraph

2 (4)(C).

3 (7) CONTINGENCY OPERATION DEFINED.—In this

4 subsection, the term ‘‘contingency operation’’ has the

5 meaning given that term in section 101 of title 10,

6 United States Code.

7 (b) INVESTIGATION OF WASTE, FRAUD, ABUSE, AND

8 MISMANAGEMENT.—

9 (1) IN GENERAL.—The Special Inspector General

10 for Iraq Reconstruction shall, in collaboration with

11 the Inspector General of the Department of Defense,

12 the Inspector General of the Department of State, and

13 the Inspector General of the United States Agency for

14 International Development, conduct a series of audits

15 to identify potential waste, fraud, abuse, or mis16 management in the performance of—

17 (A) Department of Defense contracts and

18 subcontracts for the logistical support of coali19 tion forces in Operation Iraqi Freedom and Op20 eration Enduring Freedom; and

21 (B) Federal agency contracts and sub22 contracts for the performance of security and re23 construction functions in Operation Iraqi Free24 dom and Operation Enduring Freedom.
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1 (2) SCOPE OF AUDITS OF CONTRACTS.—Each

2 audit conducted pursuant to paragraph (1)(A) shall

3 focus on a specific contract, task order, or site of per4 formance under a contract or task order and shall ex5 amine, at a minimum, one or more of the following

6 issues:

7 (A) The manner in which requirements

8 were developed.

9 (B) The procedures under which the con10 tract or task order was awarded.

11 (C) The terms and conditions of the con12 tract or task order.

13 (D) The contractor’s staffing and method of

14 performance, including cost controls.

15 (E) The efficacy of Department of Defense

16 management and oversight, Department of State

17 management and oversight, and United States

18 Agency for International Development manage19 ment and oversight, including the adequacy of

20 staffing and training of officials responsible for

21 such management and oversight.

22 (F) The flow of information from the con23 tractor to officials responsible for contract man24 agement and oversight.
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1 (3) SCOPE OF AUDITS OF OTHER CONTRACTS.—

2 Each audit conducted pursuant to paragraph (1)(B)

3 shall focus on a specific contract, task order, or site

4 of performance under a contract or task order and

5 shall examine, at a minimum, one or more of the fol6 lowing issues:

7 (A) The manner in which the requirements

8 were developed and the contract or task order

9 was awarded.

10 (B) The manner in which the Federal agen11 cy exercised control over the contractor’s per12 formance.

13 (C) The extent to which operational field

14 commanders are able to coordinate or direct the

15 contractor’s performance in an area of combat

16 operations.

17 (D) The extent to which the functions per18 formed were appropriate for performance by a

19 contractor.

20 (E) The degree to which contractor employ21 ees were properly screened, selected, trained, and

22 equipped for the functions to be performed.

23 (F) The nature and extent of any incidents

24 of misconduct or unlawful activity by contractor

25 employees.
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1 (G) The extent to which any incidents of

2 misconduct or unlawful activity were reported,

3 documented, investigated, and (where appro4 priate) prosecuted.

5 (4) CONTINUATION OF SPECIAL INSPECTOR GEN6 ERAL.—

7 (A) IN GENERAL.—Notwithstanding section

8 3001(o) of the Emergency Supplemental Appro9 priations Act for Defense and for the Reconstruc10 tion of Iraq and Afghanistan, 2004 (Public Law

11 108–106; 5 U.S.C. App. 8G note), the Office of

12 the Special Inspector General for Iraq Recon13 struction shall not terminate until the date that

14 is 60 days after the date of the submittal under

15 paragraph (4)(C) of subsection (a) of the final

16 report of the Commission on Wartime Con17 tracting established by subsection (a).

18 (B) REAFFIRMATION OF CERTAIN DUTIES

19 AND RESPONSIBILITIES.—Congress reaffirms that

20 the Special Inspector General for Iraq Recon21 struction retains the duties and responsibilities

22 in sections 4 of the Inspector General Act of 1978

23 (5 U.S.C. App. 4; relating to reports of criminal

24 violations to the Attorney General) and section 5

25 of the Inspector General Act of 1978 (5 U.S.C.
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1 App. 5; relating to reports to Congress) as ex2 pressly provided in subsections (f)(3) and (i)(3),

3 respectively, of section 3001 of the Emergency

4 Supplemental Appropriations Act for Defense

5 and for the Reconstruction of Iraq and Afghani6 stan, 2004.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated such sums as may be required

9 to carry out the provisions of this section.

10 SEC. 1540. MODIFICATION OF AUTHORITIES RELATED TO

11 THE OFFICE OF THE SPECIAL INSPECTOR

12 GENERAL FOR IRAQ RECONSTRUCTION.

13 (a) TERMINATION DATE.—Subsection (o)(1) of section

14 3001 of the Emergency Supplemental Appropriations Act

15 for Defense and for the Reconstruction of Iraq and Afghani16 stan, 2004 (Public Law 108–106; 117 Stat. 1238; 5 U.S.C.

17 App., note to section 8G of Public Law 95–452), as amend18 ed by section 1054(b) of the John Warner National Defense

19 Authorization Act for Fiscal Year 2007 (Public Law 109–

20 364; 120 Stat. 2397), section 2 of the Iraq Reconstruction

21 Accountability Act of 2006 (Public Law 109–440), and sec22 tion 3801 of the U.S. Troop Readiness, Veterans’ Care,

23 Katrina Recovery, and Iraq Accountability Appropriations

24 Act, 2007 (Public Law 110–28; 121 Stat. 147) is amended

25 to read as follows:
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1 ‘‘(1) The Office of the Inspector General shall termi2 nate 90 days after the balance of funds appropriated or oth3 erwise made available for the reconstruction of Iraq is less

4 than $250,000,000.’’.

5 (b) JURISDICTION OVER RECONSTRUCTION FUNDS.—

6 Such section is further amended by adding at the end the

7 following new subsection:

8 ‘‘(p) RULE OF CONSTRUCTION.—For purposes of car9 rying out the duties of the Special Inspector General for

10 Iraq Reconstruction, any United States funds appropriated

11 or otherwise made available for fiscal years 2006 through

12 2008 for the reconstruction of Iraq, irrespective of the des13 ignation of such funds, shall be deemed to be amounts ap14 propriated or otherwise made available to the Iraq Relief

15 and Reconstruction Fund.’’.

16 (c) HIRING AUTHORITY.—Subsection (h)(1) of such

17 section is amended by inserting after ‘‘pay rates’’ the fol18 lowing: ‘‘, and may exercise the authorities of subsections

19 (b) through (i) of section 3161 of title 5, United States Code

20 (without regard to subsection (a) of such section)’’.
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1 SEC. 1541. TRACKING AND MONITORING OF DEFENSE ARTI2 CLES PROVIDED TO THE GOVERNMENT OF

3 IRAQ AND OTHER INDIVIDUALS AND GROUPS

4 IN IRAQ.

5 (a) EXPORT AND TRANSFER CONTROL POLICY.—The

6 President, in coordination with the Secretary of State and

7 the Secretary of Defense, shall implement a policy to control

8 the export and transfer of defense articles into Iraq, includ9 ing implementation of the registration and monitoring sys10 tem under subsection (c).

11 (b) REQUIREMENT TO IMPLEMENT CONTROL SYS12 TEM.—Notwithstanding any other provision of law, no de13 fense articles may be provided to the Government of Iraq

14 or any other group, organization, citizen, or resident of Iraq

15 until the Secretary of State certifies that a registration and

16 monitoring system meeting the requirements set forth in

17 subsection (c) has been established.

18 (c) REGISTRATION AND MONITORING SYSTEM.—The

19 registration and monitoring system required under this sec20 tion shall include—

21 (1) the registration of the serial numbers of all

22 small arms provided to the Government of Iraq or to

23 other groups, organizations, citizens, or residents of

24 Iraq;
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1 (2) a program of enhanced end-use monitoring of

2 all lethal defense articles provided to such entities or

3 individuals; and

4 (3) a detailed record of the origin, shipping, and

5 distribution of all defense articles transferred under

6 the Iraq Security Forces Fund or any other security

7 assistance program to such entities or individuals in

8 Iraq.

9 (d) REVIEW.—The President shall periodically review

10 the items subject to the registration and monitoring require11 ments under subsection (c) to determine what items, if any,

12 no longer warrant export controls under such subsection.

13 The results of such reviews shall be reported to the Speaker

14 of the House of Representatives and to the Committee on

15 Foreign Relations, the Committee on Armed Services, and

16 the Committee on Banking, Housing, and Urban Affairs

17 of the Senate. The President may not exempt any item from

18 such requirements until 30 days after the date on which

19 the President has provided notice of the proposed removal

20 to the Committee on Foreign Affairs of the House of Rep21 resentatives and to the Committee on Foreign Relations and

22 the Committee on Armed Services of the Senate in accord23 ance with the procedures applicable to reprogramming noti24 fications under section 634A(a) of the Foreign Assistance

25 Act of 1961 (22 U.S.C. 2394–1). Such notice shall describe
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1 the nature of any controls to be imposed on that item under

2 any other provision of law.

3 (e) DEFINITIONS.—In this section:

4 (1) DEFENSE ARTICLE.—The term ‘‘defense arti5 cle’’ has the meaning given the term in section 644(d)

6 of the Foreign Assistance Act of 1961 (22 U.S.C.

7 2403)(d)).

8 (2) SMALL ARMS.—The term ‘‘small arms’’

9 means—

10 (A) handguns;

11 (B) shoulder-fired weapons;

12 (C) light automatic weapons up to and in13 cluding .50 caliber machine guns;

14 (D) recoilless rifles up to and including

15 106mm;

16 (E) mortars up to and including 81mm;

17 (F) rocket launchers, man-portable;

18 (G) grenade launchers, rifle and shoulder

19 fired; and

20 (H) individually operated weapons which

21 are portable or can be fired without special

22 mounts or firing devices and which have poten23 tial use in civil disturbances and are vulnerable

24 to theft.
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1 (f) EFFECTIVE DATE.—This section shall take effect 90

2 days after the date of the enactment of this Act, unless the

3 President certifies in writing to Congress that it is in the

4 vital interest of the United States to delay the effective date

5 of this section by an additional period of up to 90 days,

6 including an explanation of such vital interest, in which

7 case the section shall take effect on such later effective date.

8 SEC. 1542. SPECIAL INSPECTOR GENERAL FOR AFGHANI9 STAN RECONSTRUCTION.

10 (a) FINDINGS.—Congress makes the following findings:

11 (1) A democratic, stable, and prosperous Afghan12 istan is vital to the national security of the United

13 States and to combating international terrorism.

14 (2) Since the fall of the Taliban, the United

15 States has provided Afghanistan with over

16 $20,000,000,000 in reconstruction and security assist17 ance. However, repeated and documented incidents of

18 waste, fraud, and abuse in the utilization of these

19 funds have undermined reconstruction efforts.

20 (3) There is a stronger need for vigorous over21 sight of spending by the United States on reconstruc22 tion programs and projects in Afghanistan.

23 (4) The Government Accountability Office (GAO)

24 and departmental Inspectors General provide valuable

25 information on such activities.
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1 (5) The congressional oversight process requires

2 more timely reporting of reconstruction activities in

3 Afghanistan that encompasses the efforts of the De4 partment of State, the Department of Defense, and the

5 United States Agency for International Development

6 and highlights specific acts of waste, fraud, and

7 abuse.

8 (6) One example of such successful reporting is

9 provided by the Special Inspector General for Iraq

10 Reconstruction (SIGIR), which has met this objective

11 in the case of Iraq.

12 (7) The establishment of a Special Inspector

13 General for Afghanistan Reconstruction (SIGAR) po14 sition using SIGIR as a model will help achieve this

15 objective in Afghanistan. This position will help Con16 gress and the American people to better understand

17 the challenges facing United States programs and

18 projects in that crucial country.

19 (8) It is a priority for Congress to establish a

20 Special Inspector General for Afghanistan position

21 with similar responsibilities and duties as the Special

22 Inspector General for Iraq Reconstruction. This new

23 position will monitor United States assistance to Af24 ghanistan in the civilian and security sectors, under-
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1 taking efforts similar to those of the Special Inspector

2 General for Iraq Reconstruction.

3 (b) OFFICE OF INSPECTOR GENERAL.—There is hereby

4 established the Office of the Special Inspector General for

5 Afghanistan Reconstruction.

6 (c) APPOINTMENT OF INSPECTOR GENERAL; RE7 MOVAL.—

8 (1) APPOINTMENT.—The head of the Office of the

9 Special Inspector General for Afghanistan Recon10 struction is the Special Inspector General for Afghan11 istan Reconstruction (in this section referred to as the

12 ‘‘Inspector General’’), who shall be appointed by the

13 President. The President may appoint the Special In14 spector General for Iraq Reconstruction to serve as the

15 Special Inspector General for Afghanistan Recon16 struction, in which case the Special Inspector General

17 for Iraq Reconstruction shall have all of the duties,

18 responsibilities, and authorities set forth under this

19 section with respect to such appointed position for the

20 purpose of carrying out this section.

21 (2) QUALIFICATIONS.—The appointment of the

22 Inspector General shall be made solely on the basis of

23 integrity and demonstrated ability in accounting, au24 diting, financial analysis, law, management analysis,

25 public administration, or investigations.
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1 (3) DEADLINE FOR APPOINTMENT.—The nomina2 tion of an individual as Inspector General shall be

3 made not later than 30 days after the date of the en4 actment of this Act.

5 (4) REMOVAL.—The Inspector General shall be

6 removable from office in accordance with the provi7 sions of section 3(b) of the Inspector General Act of

8 1978 (5 U.S.C. App.).

9 (5) PROHIBITION ON POLITICAL ACTIVITIES.—

10 For purposes of section 7324 of title 5, United States

11 Code, the Inspector General shall not be considered an

12 employee who determines policies to be pursued by the

13 United States in the nationwide administration of

14 Federal law.

15 (6) COMPENSATION.—The annual rate of basic

16 pay of the Inspector General shall be the annual rate

17 of basic pay provided for positions at level IV of the

18 Executive Schedule under section 5315 of title 5,

19 United States Code.

20 (d) SUPERVISION.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the Inspector General shall report directly

23 to, and be under the general supervision of, the Sec24 retary of State and the Secretary of Defense.
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1 (2) INDEPENDENCE TO CONDUCT INVESTIGA2 TIONS AND AUDITS.—No officer of the Department of

3 Defense, the Department of State, or the United

4 States Agency for International Development shall

5 prevent or prohibit the Inspector General from initi6 ating, carrying out, or completing any audit or inves7 tigation, or from issuing any subpoena during the

8 course of any audit or investigation.

9 (e) DUTIES.—

10 (1) OVERSIGHT OF AFGHANISTAN RECONSTRUC11 TION.—It shall be the duty of the Inspector General

12 to conduct, supervise, and coordinate audits and in13 vestigations of the treatment, handling, and expendi14 ture of appropriated funds by the United States Gov15 ernment, and of the programs, operations, and con16 tracts carried out utilizing such funds in Afghanistan

17 in order to prevent and detect waste, fraud, and

18 abuse, including—

19 (A) the oversight and accounting of the obli20 gation and expenditure of such funds;

21 (B) the monitoring and review of recon22 struction activities funded by such funds;

23 (C) the monitoring and review of contracts

24 funded by such funds;
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1 (D) the monitoring and review of the trans2 fer of such funds and associated information be3 tween and among the departments, agencies, and

4 entities of the United States Government, and

5 private and nongovernmental entities;

6 (E) the maintenance of records on the use

7 of such funds to facilitate future audits and in8 vestigations of the use of such funds;

9 (F) the monitoring and review of the effec10 tiveness of United States coordination with the

11 Government of Afghanistan and other donor

12 countries in the implementation of the Afghani13 stan Compact and the Afghanistan National De14 velopment Strategy and the efficient utilization

15 of funds for economic reconstruction, social and

16 political development, and security assistance;

17 and

18 (G) the investigation of overpayments such

19 as duplicate payments or duplicate billing and

20 any potential unethical or illegal actions of Fed21 eral employees, contractors, or affiliated entities

22 and the referral of such reports, as necessary, to

23 the Department of Justice to ensure further in24 vestigations, prosecutions, recovery of further

25 funds, or other remedies.
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1 (2) OTHER DUTIES RELATED TO OVERSIGHT.—

2 The Inspector General shall establish, maintain, and

3 oversee such systems, procedures, and controls as the

4 Inspector General considers appropriate to discharge

5 the duties under paragraph (1).

6 (3) DUTIES AND RESPONSIBILITIES UNDER IN7 SPECTOR GENERAL ACT OF 1978.—In addition to the

8 duties specified in paragraphs (1) and (2), the In9 spector General shall also have the duties and respon10 sibilities of inspectors general under the Inspector

11 General Act of 1978.

12 (4) COORDINATION OF EFFORTS.—In carrying

13 out the duties, and responsibilities, and authorities of

14 the Inspector General under this section, the Inspector

15 General shall coordinate with, and receive the co16 operation of, each of the following:

17 (A) The Inspector General of the Depart18 ment of State.

19 (B) The Inspector General of the Depart20 ment of Defense.

21 (C) The Inspector General of the United

22 States Agency for International Development.

23 (f) POWERS AND AUTHORITIES.—

24 (1) AUTHORITIES UNDER INSPECTOR GENERAL

25 ACT OF 1978.—In carrying out the duties specified in
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1 subsection (e), the Inspector General shall have the

2 authorities provided in section 6 of the Inspector Gen3 eral Act of 1978.

4 (2) AUDIT STANDARDS.—The Inspector General

5 shall carry out the duties specified in subsection

6 (e)(1) in accordance with section 4(b)(1) of the In7 spector General Act of 1978.

8 (g) PERSONNEL, FACILITIES, AND OTHER RE9 SOURCES.—

10 (1) PERSONNEL.—The Inspector General may se11 lect, appoint, and employ such officers and employees

12 as may be necessary for carrying out the duties of the

13 Inspector General, subject to the provisions of title 5,

14 United States Code, governing appointments in the

15 competitive service, and the provisions of chapter 51

16 and subchapter III of chapter 53 of such title, relat17 ing to classification and General Schedule pay rates.

18 (2) EMPLOYMENT OF EXPERTS AND CONSULT19 ANTS.—The Inspector General may obtain services as

20 authorized by section 3109 of title 5, United States

21 Code, at daily rates not to exceed the equivalent rate

22 prescribed for grade GS–15 of the General Schedule

23 by section 5332 of such title.

24 (3) CONTRACTING AUTHORITY.—To the extent

25 and in such amounts as may be provided in advance
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1 by appropriations Acts, the Inspector General may

2 enter into contracts and other arrangements for au3 dits, studies, analyses, and other services with public

4 agencies and with private persons, and make such

5 payments as may be necessary to carry out the duties

6 of the Inspector General.

7 (4) RESOURCES.—The Secretary of State shall

8 provide the Inspector General with appropriate and

9 adequate office space at appropriate United States

10 Government locations in Afghanistan, together with

11 such equipment, office supplies, and communications

12 facilities and services as may be necessary for the op13 eration of such offices, and shall provide necessary

14 maintenance services for such offices and the equip15 ment and facilities located therein. The Secretary of

16 State shall not charge the Inspector General or em17 ployees of the Office of the Inspector General for Af18 ghanistan Reconstruction for International Coopera19 tive Administrative Support Services.

20 (5) ASSISTANCE FROM FEDERAL AGENCIES.—

21 (A) IN GENERAL.—Upon request of the In22 spector General for information or assistance

23 from any department, agency, or other entity of

24 the Federal Government, the head of such entity

25 shall, insofar as is practicable and not in con-
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1 travention of any existing law, furnish such in2 formation or assistance to the Inspector General,

3 or an authorized designee.

4 (B) REPORTING OF REFUSED ASSIST5 ANCE.—Whenever information or assistance re6 quested by the Inspector General is, in the judg7 ment of the Inspector General, unreasonably re8 fused or not provided, the Inspector General shall

9 report the circumstances to the Secretary of De10 fense and the Secretary of State and the appro11 priate committees of Congress without delay.

12 (h) REPORTS.—

13 (1) QUARTERLY REPORTS.—Not later than 30

14 days after the end of each fiscal-year quarter, the In15 spector General shall submit to the appropriate con16 gressional committees a report summarizing, for the

17 period of that quarter and, to the extent possible, the

18 period from the end of such quarter to the time of the

19 submission of the report, the activities during such

20 period of the Inspector General, including a summary

21 of lessons learned, and summarizing the activities

22 under programs and operations funded with amounts

23 appropriated or otherwise made available for the re24 construction of Afghanistan. Each report shall in25 clude, for the period covered by such report, a detailed
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1 statement of all obligations, expenditures, and reve2 nues of the United States Government associated with

3 reconstruction and rehabilitation activities in Af4 ghanistan, including the following information:

5 (A) Obligations and expenditures of appro6 priated funds.

7 (B) A project-by-project and program-by8 program accounting of the costs incurred to date

9 for the reconstruction of Afghanistan, together

10 with the estimate of the costs to complete each

11 project and each program.

12 (C) Revenues attributable to or consisting of

13 funds provided by foreign nations or inter14 national organizations to programs and projects

15 funded by the United States Government, and

16 any obligations or expenditures of such revenues.

17 (D) Revenues attributable to or consisting of

18 foreign assets seized or frozen that contribute to

19 programs and projects funded by the United

20 States Government, and any obligations or ex21 penditures of such revenues.

22 (E) Operating expenses of agencies or enti23 ties receiving amounts appropriated or otherwise

24 made available for the reconstruction of Afghani25 stan.
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1 (F) In the case of any contract, grant,

2 agreement, or other funding mechanism described

3 in paragraph (2)—

4 (i) the amount of the contract, grant,

5 agreement, or other funding mechanism;

6 (ii) a brief discussion of the scope of

7 the contract, grant, agreement, or other

8 funding mechanism;

9 (iii) a discussion of how the United

10 States Government entity or entities in11 volved in the contract or grant identified,

12 and solicited offers from, potential contrac13 tors or grantees to perform the contract or

14 grant, together with a list of the potential

15 contractors or grantees that were issued so16 licitations for the offers;

17 (iv) the justification and approval doc18 uments on which was based the determina19 tion to use procedures other than procedures

20 that provide for full and open competition;

21 and

22 (v) a description of any previous in23 stances of wasteful and fraudulent activities

24 in Afghanistan by current or potential con25 tractors, subcontractors, or grantees and
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1 whether and how they were held account2 able.

3 (G) A description of any potential unethical

4 or illegal actions taken by Federal employees,

5 contractors, or affiliated entities in the course of

6 reconstruction efforts.

7 (2) COVERED CONTRACTS, GRANTS, AGREE8 MENTS, AND FUNDING MECHANISMS.—A contract,

9 grant, agreement, or other funding mechanism de10 scribed in this paragraph is any major contract,

11 grant, agreement, or other funding mechanism that is

12 entered into by the United States Government with

13 any public or private sector entity for any of the fol14 lowing purposes:

15 (A) To build or rebuild physical infrastruc16 ture of Afghanistan.

17 (B) To establish or reestablish a political or

18 societal institution of Afghanistan.

19 (C) To provide products or services to the

20 people of Afghanistan.

21 (3) SEMIANNUAL REPORT.—Not later than De22 cember 31, 2007, and semiannually thereafter, the In23 spector General shall submit to the appropriate con24 gressional committees a report meeting the require-
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1 ments of section 5 of the Inspector General Act of

2 1978.

3 (4) PUBLIC TRANSPARENCY.—The Inspector Gen4 eral shall post each report required under this sub5 section on a public and searchable website not later

6 than 7 days after the Inspector General submits the

7 report to the appropriate congressional committees.

8 (5) LANGUAGES.—The Inspector General shall

9 publish on a publicly available Internet website each

10 report under this subsection in English and other lan11 guages that the Inspector General determines are

12 widely used and understood in Afghanistan.

13 (6) FORM.—Each report submitted under this

14 subsection shall be submitted in unclassified form, but

15 may include a classified annex as the Inspector Gen16 eral determines necessary.

17 (7) LIMITATION ON PUBLIC DISCLOSURE OF CER18 TAIN INFORMATION.—Nothing in this subsection shall

19 be construed to authorize the public disclosure of in20 formation that is—

21 (A) specifically prohibited from disclosure

22 by any other provision of law;

23 (B) specifically required by Executive order

24 to be protected from disclosure in the interest of
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1 national defense or national security or in the

2 conduct of foreign affairs; or

3 (C) a part of an ongoing criminal inves4 tigation.

5 (i) WAIVER.—

6 (1) AUTHORITY.—The President may waive the

7 requirement under paragraph (1) or (3) of subsection

8 (h) for the inclusion in a report under such para9 graph of any element otherwise provided for under

10 such paragraph if the President determines that the

11 waiver is justified for national security reasons.

12 (2) NOTICE OF WAIVER.—The President shall

13 publish a notice of each waiver made under this sub14 section in the Federal Register not later than the date

15 on which the report required under paragraph (1) or

16 (3) of subsection (h) is submitted to the appropriate

17 congressional committees. The report shall specify

18 whether waivers under this subsection were made and

19 with respect to which elements.

20 (j) DEFINITIONS.—In this section:

21 (1) AMOUNTS APPROPRIATED OR OTHERWISE

22 MADE AVAILABLE FOR THE RECONSTRUCTION OF AF23 GHANISTAN.—The term ‘‘amounts appropriated or

24 otherwise made available for the reconstruction of Af25 ghanistan’’ means—
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1 (A) amounts appropriated or otherwise

2 made available for any fiscal year—

3 (i) to the Afghanistan Security Forces

4 Fund;

5 (ii) to the program to assist the people

6 of Afghanistan established under section

7 1202(a)(2) of the National Defense Author8 ization Act for Fiscal Year 2006 (Public

9 Law 109–163; 119 Stat. 3455); and

10 (iii) to the Department of Defense for

11 assistance for the reconstruction of Afghani12 stan under any other provision of law; and

13 (B) amounts appropriated or otherwise

14 made available for any fiscal year for Afghani15 stan reconstruction under the following headings

16 or for the following purposes:

17 (i) Operating Expenses of the United

18 States Agency for International Develop19 ment.

20 (ii) Economic Support Fund.

21 (iii) International Narcotics Control

22 and Law Enforcement.

23 (iv) International Affairs Technical

24 Assistance.

25 (v) Peacekeeping Operations.
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1 (vi) Diplomatic and Consular Pro2 grams.

3 (vii) Embassy Security, Construction,

4 and Maintenance.

5 (viii) Child Survival and Health.

6 (ix) Development Assistance.

7 (x) International Military Education

8 and Training.

9 (xi) Nonproliferation, Anti-terrorism,

10 Demining and Related Programs.

11 (xii) Public Law 480 Title II Grants.

12 (xiii) International Disaster and Fam13 ine Assistance.

14 (xiv) Migration and Refugee Assist15 ance.

16 (xv) Operations of the Drug Enforce17 ment Agency.

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional commit20 tees’’ means—

21 (A) the Committees on Appropriations,

22 Armed Services, Foreign Relations, and Home23 land Security and Governmental Affairs of the

24 Senate; and
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1 (B) the Committees on Appropriations,

2 Armed Services, Foreign Affairs, and Homeland

3 Security of the House of Representatives.

4 (3) EXECUTIVE AGENCY.—The term ‘‘executive

5 agency’’ has the meaning given the term in section

6 105 of title 5, United States Code.

7 (k) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—There is authorized to be ap9 propriated $20,000,000 for fiscal year 2008 to carry

10 out this section.

11 (2) OFFSET.—The amount authorized to be ap12 propriated by section 1512 for the Afghanistan Secu13 rity Forces Fund is hereby reduced by $20,000,000.

14 (l) TERMINATION.—

15 (1) IN GENERAL.—The Office of the Special In16 spector General for Afghanistan Reconstruction shall

17 terminate on September 30, 2010, with transition op18 erations authorized to continue until December 31,

19 2010.

20 (2) FINAL ACCOUNTABILITY REPORT.—The In21 spector General shall, prior to the termination of the

22 Office of the Special Inspector General for Afghani23 stan Reconstruction under paragraph (1), prepare

24 and submit to the appropriate congressional commit25 tees a final accountability report on all referrals for
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1 the investigation of any potential unethical or illegal

2 actions of Federal employees, contractors, or affiliated

3 entities made to the Department of Justice or any

4 other United States law enforcement entity to ensure

5 further investigations, prosecutions, or remedies.

6 SEC. 1543. IMPROVISED EXPLOSIVE DEVICE PROTECTION

7 FOR MILITARY VEHICLES.

8 Procurement of Additional Mine Resistant Ambush

9 Protected Vehicles.—

10 (1) ADDITIONAL AMOUNT FOR ARMY OTHER PRO11 CUREMENT.—The amount authorized to be appro12 priated by section 1501(5) for other procurement for

13 the Army is hereby increased by $23,600,000,000.

14 (2) AVAILABILITY FOR PROCUREMENT OF ADDI15 TIONAL MRAP VEHICLES.—Of the amount authorized

16 to be appropriated by section 1501(5) for other pro17 curement for the Army, as increased by paragraph

18 (1), $23,600,000,000 may be available for the procure19 ment of 15,200 Mine Resistant Ambush Protected

20 (MRAP) Vehicles.

21 SEC. 1544. SENSE OF CONGRESS ON THE CAPTURE OF

22 OSAMA BIN LADEN AND THE AL QAEDA LEAD23 ERSHIP.

24 It is the Sense of Congress that it should be the policy

25 of the United States Government that the foremost objective
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1 of United States counterterrorist operations is to protect

2 United States persons and property from terrorist attacks

3 by capturing or killing Osama bin Laden, Ayman al4 Zawahiri, and other leaders of al Qaeda and destroying the

5 al Qaeda network.

6 Subtitle D—Iraq Refugee Crisis

7 SEC. 1571. SHORT TITLE.

8 This subtitle may be cited as the ‘‘Refugee Crisis in

9 Iraq Act’’.

10 SEC. 1572. PROCESSING MECHANISMS.

11 (a) IN GENERAL.—The Secretary of State, in consulta12 tion with the Secretary of Homeland Security, shall estab13 lish or use existing refugee processing mechanisms in Iraq

14 and in countries, where appropriate, in the region in

15 which—

16 (1) aliens described in section 1573 may apply

17 and interview for admission to the United States as

18 refugees; and

19 (2) aliens described in section 1574(b) may

20 apply and interview for admission to United States

21 as special immigrants.

22 (b) SUSPENSION.—The Secretary of State, in consulta23 tion with the Secretary of Homeland Security, may suspend

24 in-country processing for a period not to exceed 90 days.

25 Such suspension may be extended by the Secretary of State
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1 upon notification to the Committee on the Judiciary of the

2 Senate, the Committee on Foreign Relations of the Senate,

3 the Committee on the Judiciary of the House of Representa4 tives, and the Committee on Foreign Affairs of the House

5 of Representatives. The Secretary of State shall submit a

6 report to the Committees of jurisdiction outlining the basis

7 of such suspension and any extensions.

8 (c) REPORT.—

9 (1) IN GENERAL.—Not later than 90 days after

10 the date of the enactment of this Act, the Secretary of

11 State, in consultation with the Secretary of Home12 land Security, shall submit a report that contains the

13 plans and assessment described in paragraph (2) to—

14 (A) the Committee on the Judiciary of the

15 Senate;

16 (B) the Committee on Foreign Relations of

17 the Senate;

18 (C) the Committee on the Judiciary of the

19 House of Representatives; and

20 (D) the Committee on Foreign Affairs of the

21 House of Representatives.

22 (2) CONTENTS.—The report submitted under

23 paragraph (1) shall—
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1 (A) describe the Secretary’s plans to estab2 lish the processing mechanisms described in sub3 section (a);

4 (B) contain an assessment of in-country

5 processing that makes use of videoconferencing;

6 and

7 (C) describe the Secretary of State’s diplo8 matic efforts to improve issuance of entry and

9 exit visas or permits to United States personnel

10 and refugees.

11 SEC. 1573. UNITED STATES REFUGEE PROGRAM PROC12 ESSING PRIORITIES.

13 (a) IN GENERAL.—Refugees of special humanitarian

14 concern eligible for Priority 2 processing under the refugee

15 resettlement priority system who may apply directly to the

16 United States Admission Program shall include—

17 (1) Iraqis who were or are employed by, or

18 worked for the United States Government, in Iraq;

19 (2) Iraqis who establish to the satisfaction of the

20 Secretary of State in coordination with the Secretary

21 of Homeland Security that they are or were employed

22 in Iraq by—

23 (A) a media or nongovernmental organiza24 tion headquartered in the United States; or
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1 (B) an organization or entity closely associ2 ated with the United States mission in Iraq that

3 has received United States Government funding

4 through an official and documented contract,

5 award, grant, or cooperative agreement; and

6 (3) spouses, children, and parents who are not

7 accompanying or following to join and sons, daugh8 ters, and siblings of aliens described in paragraph (1)

9 or section 1574(b)(1); and

10 (4) Iraqis who are members of a religious or mi11 nority community, have been identified by the De12 partment of State with the concurrence of the Depart13 ment of Homeland Security as a persecuted group,

14 and have close family members (as described in sec15 tion 201(b)(2)(A)(i) or 203(a) of the Immigration

16 and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and

17 1153(a))) in the United States.

18 (b) IDENTIFICATION OF OTHER PERSECUTED

19 GROUPS.—The Secretary of State and the Secretary of

20 Homeland Security are authorized to identify other Pri21 ority 2 groups in Iraq.

22 (c) INELIGIBLE ORGANIZATIONS AND ENTITIES.—Or23 ganizations and entities described in section 1573 shall not

24 include any that appear on the Department of the Treas25 ury’s list of Specially Designated Nationals or any entity
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1 specifically excluded by the Secretary of Homeland Secu2 rity, after consultation with the Department of State and

3 relevant intelligence agencies.

4 (d) Aliens under this section who qualify for Priority

5 2 processing must meet the requirements of section 207 of

6 the Immigration and Nationality Act.

7 SEC. 1574. SPECIAL IMMIGRANT STATUS FOR CERTAIN

8 IRAQIS.

9 (a) IN GENERAL.—Subject to subsection (c)(1) and

10 notwithstanding any other provision of law, for purposes

11 of the Immigration and Nationality Act (8 U.S.C. 1101 et

12 seq.), the Secretary of Homeland Security may provide an

13 alien described in subsection (b) with the status of a special

14 immigrant under section 101(a)(27) of such Act (8 U.S.C.

15 1101(a)(27)), if the alien—

16 (1) or an agent acting on behalf of the alien, sub17 mits to the Secretary a petition under section 204 of

18 such Act (8 U.S.C. 1154) for classification under sec19 tion 203(b)(4) of such Act (8 U.S.C. 1153(6)(4));

20 (2) is otherwise eligible to receive an immigrant

21 visa;

22 (3) is otherwise admissible to the United States

23 for permanent residence (excluding the grounds for

24 inadmissibility specified in section 212(a)(4) of such

25 Act (8 U.S.C. 1182(a)(4)); and
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1 (4) cleared a background check and appropriate

2 screening, as determined by the Secretary of Home3 land Security.

4 (b) ALIENS DESCRIBED.—

5 (1) PRINCIPAL ALIENS.—An alien is described

6 in this subsection if the alien—

7 (A) is a national of Iraq;

8 (B) was or is employed by, or worked for

9 the United States Government in Iraq, in or

10 after 2003, for a period of not less than 1 year;

11 (C) provided faithful and valuable service to

12 the United States Government, which is docu13 mented in a positive recommendation or evalua14 tion from the employee’s senior supervisor. Such

15 evaluation or recommendation must be accom16 panied by approval from the Chief of Mission or

17 his designee who shall conduct a risk assessment

18 of the alien and an independent review of

19 records maintained by the hiring organization or

20 entity to confirm employment and faithful and

21 valuable service prior to approval of a petition

22 under this section; and

23 (D) has experienced or is experiencing an

24 ongoing serious threat as a consequence of their

25 employment by the United States Government.
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1 (2) SPOUSES AND CHILDREN.—An alien is de2 scribed in this subsection if the alien is—

3 (A) the spouse or child of a principal alien

4 described in paragraph (1); and

5 (B) is accompanying or following to join

6 the principal alien in the United States.

7 (3) TREATMENT OF SURVIVING SPOUSE OR

8 CHILD.—An alien shall also fall within subsection (b)

9 of section 1574 of this Act, if—

10 (1) the alien was the spouse or child of a

11 principal alien who had an approved petition

12 with the Secretary of Homeland Security or the

13 Secretary of State pursuant to section 1574 of

14 this Act or section 1059 of the National Defense

15 Authorization Act for the Fiscal Year 2006, Pub16 lic Law 109–163, as amended by Public Law

17 110–36, which included the alien as an accom18 panying spouse or child; and

19 (2) due to the death of the petitioning alien,

20 such petition was revoked or terminated (or oth21 erwise rendered null) after its approval.

22 (c) NUMERICAL LIMITATIONS.—

23 (1) IN GENERAL.—The total number of principal

24 aliens who may be provided special immigrant status

25 under this section may not exceed 5,000 per year for
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1 each of the 5 fiscal years beginning after the date of

2 the enactment of this Act. The authority provided by

3 subsection (a) of this section shall expire on Sep4 tember 30 of the fiscal year that is the fifth fiscal year

5 beginning after the date of enactment of this Act.

6 (2) EXCLUSION FROM NUMERICAL LIMITA7 TIONS.—Aliens provided special immigrant status

8 under this section shall not be counted against any

9 numerical limitation under sections 201(d), 202(a),

10 or 203(b)(4) of the Immigration and Nationality Act

11 (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).

12 (3) CARRY FORWARD.—If the numerical limita13 tion under paragraph (1) is not reached during a

14 given fiscal year, the numerical limitation under

15 paragraph for the following fiscal year shall be in16 creased by a number equal to the difference between—

17 (A) the number of visas authorized under

18 paragraph (1) for the given fiscal year; and

19 (B) the number of principal aliens provided

20 special immigrant status under this section dur21 ing the given fiscal year.

22 (d) VISA AND PASSPORT ISSUANCE AND FEES.—Nei23 ther the Secretary of State nor the Secretary of Homeland

24 Security may charge an alien described in subsection (b)

25 any fee in connection with an application for, or issuance
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1 of, a special immigrant visa. The Secretary of State shall

2 make a reasonable effort to ensure that aliens described in

3 this section who are issued special immigrant visas are pro4 vided with the appropriate series Iraqi passport necessary

5 to enter the United States.

6 (e) PROTECTION OF ALIENS.—The Secretary of State,

7 in consultation with other relevant Federal agencies, shall

8 make a reasonable effort to provide an alien described in

9 this section who is applying for a special immigrant visa

10 with protection or the immediate removal from Iraq, if pos11 sible, of such alien if the Secretary determines after con12 sultation that such alien is in imminent danger.

13 (f) DEFINITIONS.—The terms defined in this Act shall

14 have the same meaning as those terms in the Immigration

15 and Nationality Act.

16 (g) SAVINGS PROVISION.—Nothing in this section may

17 be construed to affect the authority of the Secretary of

18 Homeland Security under section 1059 of the National De19 fense Authorization Act for Fiscal Year 2006 (Public Law

20 109–163).

21 SEC. 1575. MINISTER COUNSELORS FOR IRAQI REFUGEES

22 AND INTERNALLY DISPLACED PERSONS.

23 (a) IN GENERAL.—The Secretary of State shall estab24 lish in the embassy of the United States located in Baghdad,

25 Iraq, a Minister Counselor for Iraqi Refugees and Inter-
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1 nally Displaced Persons (referred to in this section as the

2 ‘‘Minister Counselor for Iraq’’).

3 (b) DUTIES.—The Minister Counselor for Iraq shall be

4 responsible for the oversight of processing for resettlement

5 of persons considered Priority 2 refugees of special humani6 tarian concern, special immigrant visa programs in Iraq,

7 and the development and implementation of other appro8 priate policies and programs concerning Iraqi refugees and

9 internally displaced persons. The Minister Counselor for

10 Iraq shall have the authority to refer persons to the United

11 States refugee resettlement program.

12 (c) DESIGNATION OF MINISTER COUNSELORS.—The

13 Secretary of State shall designate in the embassies of the

14 United States located in Cairo, Egypt; Amman, Jordan;

15 Damascus, Syria; and Beirut, Lebanon a Minister Coun16 selor to oversee resettlement to the United States of persons

17 considered Priority 2 refugees of special humanitarian con18 cern in those countries to ensure their applications to the

19 United States refugee resettlement program are processed

20 in an orderly manner and without delay.

21 SEC. 1576. COUNTRIES WITH SIGNIFICANT POPULATIONS

22 OF DISPLACED IRAQIS.

23 (a) IN GENERAL.—With respect to each country with

24 a significant population of displaced Iraqis, including Iraq,
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1 Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary

2 of State shall—

3 (1) as appropriate, consult with other countries

4 regarding resettlement of the most vulnerable members

5 of such refugee populations; and

6 (2) as appropriate, except where otherwise pro7 hibited by the laws of the United States, develop

8 mechanisms in and provide assistance to countries

9 with a significant population of displaced Iraqis to

10 ensure the well-being and safety of such populations

11 in their host environments.

12 (b) NUMERICAL LIMITATIONS.—In determining the

13 number of Iraqi refugees who should be resettled in the

14 United States under sections (a) and (b) of section 207 of

15 the Immigration and Nationality Act (8 U.S.C. 1157), the

16 President shall consult nongovernmental organizations that

17 have a presence in Iraq or experience in assessing the prob18 lems faced by Iraqi refugees.

19 (c) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No

20 alien shall be denied the opportunity to apply for admission

21 under this section solely because such alien qualifies as an

22 immediate relative or is eligible for classification as a spe23 cial immigrant.
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1 SEC. 1577. DENIAL OR TERMINATION OF ASYLUM.

2 (a) MOTION TO REOPEN.—Section 208(b) of the Immi3 gration and Nationality Act is amended by adding at the

4 end the following:

5 ‘‘(4) CHANGED COUNTRY CONDITIONS.—An ap6 plicant for asylum or withholding of removal, whose

7 claim was denied by an immigration judge solely on

8 the basis of changed country conditions on or after

9 March 1, 2003, may file a motion to reopen his or

10 her claim not later than 6 months after the date of

11 the enactment of the Refugee Crisis in Iraq Act if the

12 applicant—

13 ‘‘(A) is a national of Iraq; and

14 ‘‘(B) remained in the United States on such

15 date of enactment.’’.

16 (b) PROCEDURE.—A motion filed under this section

17 shall be made in accordance with section 240(c)(7)(A) and

18 (B) of the Immigration and Nationality Act.

19 SEC. 1578. REPORTS.

20 (a) SECRETARY OF HOMELAND SECURITY.—

21 (1) IN GENERAL.—Not later than 90 days after

22 the date of the enactment of this Act, the Secretary of

23 Homeland Security shall submit a report containing

24 plans to expedite the processing of Iraqi refugees for

25 resettlement to—
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1 (A) the Committee on the Judiciary of the

2 Senate;

3 (B) the Committee on Foreign Relations of

4 the Senate;

5 (C) the Committee on the Judiciary of the

6 House of Representatives; and

7 (D) the Committee on Foreign Affairs of the

8 House of Representatives.

9 (2) CONTENTS.—The report submitted under

10 paragraph (1) shall—

11 (A) detail the plans of the Secretary for ex12 pediting the processing of Iraqi refugees for reset13 tlement including through temporary expansion

14 of the Refugee Corps of United States Citizenship

15 and Immigration Services;

16 (B) describe the plans of the Secretary for

17 increasing the number of Department of Home18 land Security personnel devoted to refugee proc19 essing in the noted regions;

20 (C) describe the plans of the Secretary for

21 enhancing existing systems for conducting back22 ground and security checks of persons applying

23 for Special Immigrant Visas and of persons con24 sidered Priority 2 refugees of special humani25 tarian concern under this subtitle, which en-
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1 hancements shall support immigration security

2 and provide for the orderly processing of such

3 applications without delay; and

4 (D) detail the projections of the Secretary,

5 per country and per month, for the number of

6 refugee interviews that will be conducted in fiscal

7 year 2008 and fiscal year 2009.

8 (b) PRESIDENT.—Not later than 90 days after the date

9 of the enactment of this Act, and annually thereafter, the

10 President shall submit to Congress an unclassified report,

11 with a classified annex if necessary, which includes—

12 (1) an assessment of the financial, security, and

13 personnel considerations and resources necessary to

14 carry out the provisions of this subtitle;

15 (2) the number of aliens described in section

16 1573(1);

17 (3) the number of such aliens who have applied

18 for special immigrant visas;

19 (4) the date of such applications; and

20 (5) in the case of applications pending for more

21 than 6 months, the reasons that visas have not been

22 expeditiously processed.

23 (c) REPORT ON IRAQI NATIONALS EMPLOYED BY THE

24 UNITED STATES GOVERNMENT AND FEDERAL CONTRAC25 TORS IN IRAQ.—
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1 (1) IN GENERAL.—Not later than 90 days after

2 the date of the enactment of this Act, the Secretary of

3 Defense, the Secretary of State, the Administrator of

4 the United States Agency for International Develop5 ment, the Secretary of the Treasury, and the Sec6 retary of Homeland Security shall—

7 (A) review internal records and databases of

8 their respective agencies for information that can

9 be used to verify employment of Iraqi nationals

10 by the United States Government; and

11 (B) solicit from each prime contractor or

12 grantee that has performed work in Iraq since

13 March 2003 under a contract, grant, or coopera14 tive agreement with their respective agencies that

15 is valued in excess of $25,000 information that

16 can be used to verify the employment of Iraqi

17 nationals by such contractor or grantee.

18 (2) INFORMATION REQUIRED.—To the extent

19 data is available, the information referred to in para20 graph (1) shall include the name and dates of em21 ployment of, biometric data for, and other data that

22 can be used to verify the employment of, each Iraqi

23 national that has performed work in Iraq since

24 March 2003 under a contract, grant, or cooperative

25 agreement with an executive agency.
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1 (3) EXECUTIVE AGENCY DEFINED.—In this sub2 section, the term ‘‘executive agency’’ has the meaning

3 given the term in section 4(1) of the Office of Federal

4 Procurement Policy Act (41 U.S.C. 403(1)).

5 (d) REPORT ON ESTABLISHMENT OF DATABASE.—Not

6 later than 90 days after the date of the enactment of this

7 Act, the Secretary of Defense, in consultation with the Sec8 retary of State, the Administrator of the United States

9 Agency for International Development, the Secretary of the

10 Treasury, and the Secretary of Homeland Security, shall

11 submit to Congress a report examining the options for es12 tablishing a unified, classified database of information re13 lated to contracts, grants, or cooperative agreements entered

14 into by executive agencies for the performance of work in

15 Iraq since March 2003, including the information described

16 and collected under subsection (c), to be used by relevant

17 Federal departments and agencies to adjudicate refugee,

18 asylum, special immigrant visa, and other immigration

19 claims and applications.

20 (e) NONCOMPLIANCE REPORT.—Not later than 180

21 days after the date of the enactment of this Act, the Presi22 dent shall submit a report to Congress that describes—

23 (1) the inability or unwillingness of any contrac24 tors or grantees to provide the information requested

25 under subsection (c); and
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1 (2) the reasons for failing to provide such infor2 mation.

3 SEC. 1579. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated such sums as

5 may be necessary to carry out this subtitle.

6 TITLE XVI—WOUNDED WARRIOR

7 MATTERS

8 SEC. 1601. SHORT TITLE.

9 This title may be cited as the ‘‘Dignified Treatment

10 of Wounded Warriors Act’’.

11 SEC. 1602. GENERAL DEFINITIONS.

12 In this title:

13 (1) The term ‘‘appropriate committees of Con14 gress’’ means—

15 (A) the Committees on Armed Services and

16 Veterans’ Affairs of the Senate; and

17 (B) the Committees on Armed Services and

18 Veterans’ Affairs of the House of Representatives.

19 (2) The term ‘‘covered member of the Armed

20 Forces’’ means a member of the Armed Forces, includ21 ing a member of the National Guard or a Reserve,

22 who is undergoing medical treatment, recuperation,

23 or therapy, is otherwise in medical hold or medical

24 holdover status, or is otherwise on the temporary dis25 ability retired list for a serious injury or illness.
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1 (3) The term ‘‘family member’’, with respect to

2 a member of the Armed Forces or a veteran, has the

3 meaning given that term in section 411h(b) of title

4 37, United States Code.

5 (4) The term ‘‘medical hold or medical holdover

6 status’’ means—

7 (A) the status of a member of the Armed

8 Forces, including a member of the National

9 Guard or Reserve, assigned or attached to a

10 military hospital for medical care; and

11 (B) the status of a member of a reserve com12 ponent of the Armed Forces who is separated,

13 whether pre-deployment or post-deployment,

14 from the member’s unit while in need of health

15 care based on a medical condition identified

16 while the member is on active duty in the Armed

17 Forces.

18 (5) The term ‘‘serious injury or illness’’, in the

19 case of a member of the Armed Forces, means an in20 jury or illness incurred by the member in line of duty

21 on active duty in the Armed Forces that may render

22 the member medically unfit to perform the duties of

23 the member’s office, grade, rank, or rating.
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1 (6) The term ‘‘TRICARE program’’ has the

2 meaning given that term in section 1072(7) of title

3 10, United States Code.

4 Subtitle A—Policy on Care, Man5 agement, and Transition of

6 Servicemembers With Serious In7 juries or Illnesses

8 SEC. 1611. COMPREHENSIVE POLICY ON CARE, MANAGE9 MENT, AND TRANSITION OF MEMBERS OF

10 THE ARMED FORCES WITH SERIOUS INJU11 RIES OR ILLNESSES.

12 (a) COMPREHENSIVE POLICY REQUIRED.—

13 (1) IN GENERAL.—Not later than January 1,

14 2008, the Secretary of Defense and the Secretary of

15 Veterans Affairs shall, to the extent feasible, jointly

16 develop and implement a comprehensive policy on the

17 care and management of members of the Armed

18 Forces who are undergoing medical treatment, recu19 peration, or therapy, are otherwise in medical hold or

20 medical holdover status, or are otherwise on the tem21 porary disability retired list for a serious injury or

22 illness (hereafter in this section referred to as a ‘‘cov23 ered servicemembers’’).

24 (2) SCOPE OF POLICY.—The policy shall cover

25 each of the following:
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1 (A) The care and management of covered

2 servicemembers while in medical hold or medical

3 holdover status or on the temporary disability

4 retired list.

5 (B) The medical evaluation and disability

6 evaluation of covered servicemembers.

7 (C) The return of covered servicemembers to

8 active duty when appropriate.

9 (D) The transition of covered

10 servicemembers from receipt of care and services

11 through the Department of Defense to receipt of

12 care and services through the Department of Vet13 erans Affairs.

14 (3) CONSULTATION.—The Secretary of Defense

15 and the Secretary of Veterans Affairs shall develop the

16 policy in consultation with the heads of other appro17 priate departments and agencies of the Federal Gov18 ernment and with appropriate non-governmental or19 ganizations having an expertise in matters relating to

20 the policy.

21 (4) UPDATE.—The Secretary of Defense and the

22 Secretary of Veterans Affairs shall jointly update the

23 policy on a periodic basis, but not less often than an24 nually, in order to incorporate in the policy, as ap25 propriate, the results of the reviews under subsections
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1 (b) and (c) and the best practices identified through

2 pilot programs under section 1654.

3 (b) REVIEW OF CURRENT POLICIES AND PROCE4 DURES.—

5 (1) REVIEW REQUIRED.—In developing the pol6 icy required by this section, the Secretary of Defense

7 and the Secretary of Veterans Affairs shall, to the ex8 tent necessary, jointly and separately conduct a re9 view of all policies and procedures of the Department

10 of Defense and the Department of Veterans Affairs

11 that apply to, or shall be covered by, the policy.

12 (2) PURPOSE.—The purpose of the review shall

13 be to identify the most effective and patient-oriented

14 approaches to care and management of covered

15 servicemembers for purposes of—

16 (A) incorporating such approaches into the

17 policy; and

18 (B) extending such approaches, where ap19 plicable, to care and management of other in20 jured or ill members of the Armed Forces and

21 veterans.

22 (3) ELEMENTS.—In conducting the review, the

23 Secretary of Defense and the Secretary of Veterans Af24 fairs shall—
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1 (A) identify among the policies and proce2 dures described in paragraph (1) best practices

3 in approaches to the care and management de4 scribed in that paragraph;

5 (B) identify among such policies and proce6 dures existing and potential shortfalls in such

7 care and management (including care and man8 agement of covered servicemembers on the tem9 porary disability retired list), and determine

10 means of addressing any shortfalls so identified;

11 (C) determine potential modifications of

12 such policies and procedures in order to ensure

13 consistency and uniformity among the military

14 departments and the regions of the Department

15 of Veterans Affairs in their application and dis16 charge; and

17 (D) develop recommendations for legislative

18 and administrative action necessary to imple19 ment the results of the review.

20 (4) DEADLINE FOR COMPLETION.—The review

21 shall be completed not later than 90 days after the

22 date of the enactment of this Act.

23 (c) CONSIDERATION OF FINDINGS, RECOMMENDA24 TIONS, AND PRACTICES.—In developing the policy required
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1 by this section, the Secretary of Defense and the Secretary

2 of Veterans Affairs shall take into account the following:

3 (1) The findings and recommendations of appli4 cable studies, reviews, reports, and evaluations that

5 address matters relating to the policy, including, but

6 not limited, to the following:

7 (A) The Independent Review Group on Re8 habilitative Care and Administrative Processes

9 at Walter Reed Army Medical Center and Na10 tional Naval Medical Center appointed by the

11 Secretary of Defense.

12 (B) The Secretary of Veterans Affairs Task

13 Force on Returning Global War on Terror He14 roes appointed by the President.

15 (C) The President’s Commission on Care for

16 America’s Returning Wounded Warriors.

17 (D) The Veterans’ Disability Benefits Com18 mission established by title XV of the National

19 Defense Authorization Act for Fiscal Year 2004

20 (Public Law 108–136; 117 Stat. 1676; 38 U.S.C.

21 1101 note).

22 (E) The President’s Commission on Vet23 erans’ Pensions, of 1956, chaired by General

24 Omar N. Bradley.
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1 (F) The Report of the Congressional Com2 mission on Servicemembers and Veterans Transi3 tion Assistance, of 1999, chaired by Anthony J.

4 Principi.

5 (G) The President’s Task Force to Improve

6 Health Care Delivery for Our Nation’s Veterans,

7 of March 2003.

8 (2) The experience and best practices of the De9 partment of Defense and the military departments on

10 matters relating to the policy.

11 (3) The experience and best practices of the De12 partment of Veterans Affairs on matters relating to

13 the policy.

14 (4) Such other matters as the Secretary of De15 fense and the Secretary of Veterans Affairs consider

16 appropriate.

17 (d) PARTICULAR ELEMENTS OF POLICY.—The policy

18 required by this section shall provide, in particular, the fol19 lowing:

20 (1) RESPONSIBILITY FOR COVERED

21 SERVICEMEMBERS IN MEDICAL HOLD OR MEDICAL

22 HOLDOVER STATUS OR ON TEMPORARY DISABILITY

23 RETIRED LIST.—Mechanisms to ensure responsibility

24 for covered servicemembers in medical hold or medical
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1 holdover status or on the temporary disability retired

2 list, including the following:

3 (A) Uniform standards for access of covered

4 servicemembers to non-urgent health care services

5 from the Department of Defense or other pro6 viders under the TRICARE program, with such

7 access to be—

8 (i) for follow-up care, within 2 days of

9 request of care;

10 (ii) for specialty care, within 3 days of

11 request of care;

12 (iii) for diagnostic referrals and stud13 ies, within 5 days of request; and

14 (iv) for surgery based on a physician’s

15 determination of medical necessity, within

16 14 days of request.

17 (B) Requirements for the assignment of ade18 quate numbers of personnel for the purpose of re19 sponsibility for and administration of covered

20 servicemembers in medical hold or medical hold21 over status or on the temporary disability retired

22 list.

23 (C) Requirements for the assignment of ade24 quate numbers of medical personnel and non25 medical personnel to roles and responsibilities
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1 for caring for and administering covered

2 servicemembers in medical hold or medical hold3 over status or on the temporary disability retired

4 list, and a description of the roles and respon5 sibilities of personnel so assigned.

6 (D) Guidelines for the location of care for

7 covered servicemembers in medical hold or med8 ical holdover status or on the temporary dis9 ability retired list, which guidelines shall address

10 the assignment of such servicemembers to care

11 and residential facilities closest to their duty sta12 tion or home of record or the location of their

13 designated caregiver at the earliest possible time.

14 (E) Criteria for work and duty assignments

15 of covered servicemembers in medical hold or

16 medical holdover status or on the temporary dis17 ability retired list, including a prohibition on

18 the assignment of duty to a servicemember which

19 is incompatible with the servicemember’s medical

20 condition.

21 (F) Guidelines for the provision of care and

22 counseling for eligible family members of covered

23 servicemembers in medical hold or medical hold24 over status or on the temporary disability retired

25 list.
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1 (G) Requirements for case management of

2 covered servicemembers in medical hold or med3 ical holdover status or on the temporary dis4 ability retired list, including qualifications for

5 personnel providing such case management.

6 (H) Requirements for uniform quality of

7 care and administration for all covered

8 servicemembers in medical hold or medical hold9 over status or on the temporary disability retired

10 list, whether members of the regular components

11 of the Armed Forces or members of the reserve

12 components of the Armed Forces.

13 (I) Standards for the conditions and acces14 sibility of residential facilities for covered

15 servicemembers in medical hold or medical hold16 over status or on the temporary disability retired

17 list who are in outpatient status, and for their

18 immediate family members.

19 (J) Requirements on the provision of trans20 portation and subsistence for covered

21 servicemembers in medical hold or medical hold22 over status or on the temporary disability retired

23 list, whether in inpatient status or outpatient

24 status, to facilitate obtaining needed medical

25 care and services.
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1 (K) Requirements on the provision of edu2 cational and vocational training and rehabilita3 tion opportunities for covered servicemembers in

4 medical hold or medical holdover status or on the

5 temporary disability retired list.

6 (L) Procedures for tracking and informing

7 covered servicemembers in medical hold or med8 ical holdover status or on the temporary dis9 ability retired list about medical evaluation

10 board and physical disability evaluation board

11 processing.

12 (M) Requirements for integrated case man13 agement of covered servicemembers in medical

14 hold or medical holdover status or on the tem15 porary disability retired list during their transi16 tion from care and treatment through the De17 partment of Defense to care and treatment

18 through the Department of Veterans Affairs.

19 (N) Requirements and standards for advis20 ing and training, as appropriate, family mem21 bers with respect to care for covered

22 servicemembers in medical hold or medical hold23 over status or on the temporary disability retired

24 list with serious medical conditions, particularly
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1 traumatic brain injury (TBI), burns, and post2 traumatic stress disorder (PTSD).

3 (O) Requirements for periodic reassessments

4 of covered servicemembers, and limits on the

5 length of time such servicemembers may be re6 tained in medical hold or medical holdover sta7 tus or on the temporary disability retired list.

8 (P) Requirements to inform covered

9 servicemembers and their family members of

10 their rights and responsibilities while in medical

11 hold or medical holdover status or on the tem12 porary disability retired list.

13 (Q) The requirement to establish a Depart14 ment of Defense-wide Ombudsman Office within

15 the Office of the Secretary of Defense to provide

16 oversight of the ombudsman offices in the mili17 tary departments and policy guidance to such of18 fices with respect to providing assistance to, and

19 answering questions from, covered

20 servicemembers and their families.

21 (2) MEDICAL EVALUATION AND PHYSICAL DIS22 ABILITY EVALUATION FOR COVERED

23 SERVICEMEMBERS.—

24 (A) MEDICAL EVALUATIONS.—Processes,

25 procedures, and standards for medical evalua-
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1 tions of covered servicemembers, including the

2 following:

3 (i) Processes for medical evaluations of

4 covered servicemembers that are—

5 (I) applicable uniformly through6 out the military departments; and

7 (II) applicable uniformly with re8 spect to such servicemembers who are

9 members of the regular components of

10 the Armed Forces and such

11 servicemembers who are members of the

12 National Guard and Reserve.

13 (ii) Standard criteria and definitions

14 for determining the achievement for covered

15 servicemembers of the maximum medical

16 benefit from treatment and rehabilitation.

17 (iii) Standard timelines for each of the

18 following:

19 (I) Determinations of fitness for

20 duty of covered servicemembers.

21 (II) Specialty consultations for

22 covered servicemembers.

23 (III) Preparation of medical doc24 uments for covered servicemembers.
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1 (IV) Appeals by covered

2 servicemembers of medical evaluation

3 determinations, including determina4 tions of fitness for duty.

5 (iv) Uniform standards for qualifica6 tions and training of medical evaluation

7 board personnel, including physicians, case

8 workers, and physical disability evaluation

9 board liaison officers, in conducting medical

10 evaluations of covered servicemembers.

11 (v) Standards for the maximum num12 ber of medical evaluation cases of covered

13 servicemembers that are pending before a

14 medical evaluation board at any one time,

15 and requirements for the establishment of

16 additional medical evaluation boards in the

17 event such number is exceeded.

18 (vi) Uniform standards for informa19 tion for covered servicemembers, and their

20 families, on the medical evaluation board

21 process and the rights and responsibilities of

22 such servicemembers under that process, in23 cluding a standard handbook on such infor24 mation.
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1 (B) PHYSICAL DISABILITY EVALUATIONS.—

2 Processes, procedures, and standards for physical

3 disability evaluations of covered servicemembers,

4 including the following:

5 (i) A non-adversarial process of the

6 Department of Defense and the Department

7 of Veterans Affairs for disability determina8 tions of covered servicemembers.

9 (ii) To the extent feasible, procedures to

10 eliminate unacceptable discrepancies among

11 disability ratings assigned by the military

12 departments and the Department of Vet13 erans Affairs, particularly in the disability

14 evaluation of covered servicemembers, which

15 procedures shall be subject to the following

16 requirements and limitations:

17 (I) Such procedures shall apply

18 uniformly with respect to covered

19 servicemembers who are members of the

20 regular components of the Armed

21 Forces and covered servicemembers who

22 are members of the National Guard

23 and Reserve.

24 (II) Under such procedures, each

25 Secretary of a military department
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1 shall, to the extent feasible, utilize the

2 standard schedule for rating disabil3 ities in use by the Department of Vet4 erans Affairs, including any applicable

5 interpretation of such schedule by the

6 United States Court of Appeals for Vet7 erans Claims, in making any deter8 mination of disability of a covered

9 servicemember.

10 (iii) Standard timelines for appeals of

11 determinations of disability of covered

12 servicemembers, including timelines for

13 presentation, consideration, and disposition

14 of appeals.

15 (iv) Uniform standards for qualifica16 tions and training of physical disability

17 evaluation board personnel in conducting

18 physical disability evaluations of covered

19 servicemembers.

20 (v) Standards for the maximum num21 ber of physical disability evaluation cases of

22 covered servicemembers that are pending be23 fore a physical disability evaluation board

24 at any one time, and requirements for the

25 establishment of additional physical dis-
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1 ability evaluation boards in the event such

2 number is exceeded.

3 (vi) Procedures for the provision of

4 legal counsel to covered servicemembers

5 while undergoing evaluation by a physical

6 disability evaluation board.

7 (vii) Uniform standards on the roles

8 and responsibilities of case managers,

9 servicemember advocates, and judge advo10 cates assigned to covered servicemembers

11 undergoing evaluation by a physical dis12 ability board, and uniform standards on the

13 maximum number of cases involving such

14 servicemembers that are to be assigned to

15 such managers and advocates.

16 (C) RETURN OF COVERED

17 SERVICEMEMBERS TO ACTIVE DUTY.—Standards

18 for determinations by the military departments

19 on the return of covered servicemembers to active

20 duty in the Armed Forces.

21 (D) TRANSITION OF COVERED

22 SERVICEMEMBERS FROM DOD TO VA.—Processes,

23 procedures, and standards for the transition of

24 covered servicemembers from care and treatment

25 by the Department of Defense to care and treat-
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1 ment by the Department of Veterans Affairs be2 fore, during, and after separation from the

3 Armed Forces, including the following:

4 (i) A uniform, patient-focused policy to

5 ensure that the transition occurs without

6 gaps in medical care and the quality of

7 medical care, benefits, and services.

8 (ii) Procedures for the identification

9 and tracking of covered servicemembers dur10 ing the transition, and for the coordination

11 of care and treatment of such

12 servicemembers during the transition, in13 cluding a system of cooperative case man14 agement of such servicemembers by the De15 partment of Defense and the Department of

16 Veterans Affairs during the transition.

17 (iii) Procedures for the notification of

18 Department of Veterans Affairs liaison per19 sonnel of the commencement by covered

20 servicemembers of the medical evaluation

21 process and the physical disability evalua22 tion process.

23 (iv) Procedures and timelines for the

24 enrollment of covered servicemembers in ap25 plicable enrollment or application systems
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1 of the Department of Veterans with respect

2 to health care, disability, education, voca3 tional rehabilitation, or other benefits.

4 (v) Procedures to ensure the access of

5 covered servicemembers during the transi6 tion to vocational, educational, and reha7 bilitation benefits available through the De8 partment of Veterans Affairs.

9 (vi) Standards for the optimal location

10 of Department of Defense and Department

11 of Veterans Affairs liaison and case man12 agement personnel at military medical

13 treatment facilities, medical centers, and

14 other medical facilities of the Department of

15 Defense.

16 (vii) Standards and procedures for in17 tegrated medical care and management for

18 covered servicemembers during the transi19 tion, including procedures for the assign20 ment of medical personnel of the Depart21 ment of Veterans Affairs to Department of

22 Defense facilities to participate in the needs

23 assessments of such servicemembers before,

24 during, and after their separation from

25 military service.
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1 (viii) Standards for the preparation of

2 detailed plans for the transition of covered

3 servicemembers from care and treatment by

4 the Department of Defense to care and

5 treatment by the Department of Veterans

6 Affairs, which plans shall be based on

7 standardized elements with respect to care

8 and treatment requirements and other ap9 plicable requirements.

10 (E) OTHER MATTERS.—The following addi11 tional matters with respect to covered

12 servicemembers:

13 (i) Access by the Department of Vet14 erans Affairs to the military health records

15 of covered servicemembers who are receiving

16 care and treatment, or are anticipating re17 ceipt of care and treatment, in Department

18 of Veterans Affairs health care facilities.

19 (ii) Requirements for utilizing, in ap20 propriate cases, a single physical examina21 tion that meets requirements of both the De22 partment of Defense and the Department of

23 Veterans Affairs for covered servicemembers

24 who are being retired, separated, or released

25 from military service.
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1 (iii) Surveys and other mechanisms to

2 measure patient and family satisfaction

3 with the provision by the Department of

4 Defense and the Department of Veterans Af5 fairs of care and services for covered

6 servicemembers, and to facilitate appro7 priate oversight by supervisory personnel of

8 the provision of such care and services.

9 (3) REPORT ON REDUCTION IN DISABILITY RAT10 INGS BY THE DEPARTMENT OF DEFENSE.—The Sec11 retary of Defense shall submit a report to the commit12 tees on Armed Services of the Senate and House of

13 Representatives on the numbers of instances in which

14 a disability rating assigned to a member of the

15 Armed Forces by an informal physical evaluation

16 board of the Department of Defense was reduced upon

17 appeal, and the reasons for such reduction. Such re18 port shall cover the period beginning October 7, 2001

19 and ending September 30, 2006, and shall be sub20 mitted to the appropriate committees of Congress by

21 February 1, 2008.

22 (e) REPORTS.—

23 (1) REPORT ON POLICY.—Upon the development

24 of the policy required by this section but not later

25 than January 1, 2008, the Secretary of Defense and
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1 the Secretary of Veterans Affairs shall jointly submit

2 to the appropriate committees of Congress a report on

3 the policy, including a comprehensive and detailed

4 description of the policy and of the manner in which

5 the policy addresses the findings and recommenda6 tions of the reviews under subsections (b) and (c).

7 (2) REPORTS ON UPDATE.—Upon updating the

8 policy under subsection (a)(4), the Secretary of De9 fense and the Secretary of Veterans Affairs shall joint10 ly submit to the appropriate committees of Congress

11 a report on the update of the policy, including a com12 prehensive and detailed description of such update

13 and of the reasons for such update.

14 (f) COMPTROLLER GENERAL ASSESSMENT OF IMPLE15 MENTATION.—Not later than six months after the date of

16 the enactment of this Act and every year thereafter, the

17 Comptroller General of the United States shall submit to

18 the appropriate committees of Congress a report setting

19 forth the assessment of the Comptroller General of the

20 progress of the Secretary of Defense and the Secretary of

21 Veterans Affairs in developing and implementing the policy

22 required by this section.
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1 SEC. 1612. CONSIDERATION OF NEEDS OF WOMEN MEM2 BERS OF THE ARMED FORCES AND VET3 ERANS.

4 (a) IN GENERAL.—In developing and implementing

5 the policy required by section 1611, and in otherwise car6 rying out any other provision of this title or any amend7 ment made by this title, the Secretary of Defense and the

8 Secretary of Veterans Affairs shall take into account and

9 fully address any unique specific needs of women members

10 of the Armed Forces and women veterans under such policy

11 or other provision.

12 (b) REPORTS.—In submitting any report required by

13 this title or an amendment made by this title, the Secretary

14 of Defense and the Secretary of Veterans Affairs shall, to

15 the extent applicable, include a description of the manner

16 in which the matters covered by such report address the

17 unique specific needs of women members of the Armed

18 Forces and women veterans.
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1 Subtitle B—Health Care

2 PART I—ENHANCED AVAILABILITY OF CARE FOR

3 SERVICEMEMBERS

4 SEC. 1621. MEDICAL CARE AND OTHER BENEFITS FOR MEM5 BERS AND FORMER MEMBERS OF THE ARMED

6 FORCES WITH SEVERE INJURIES OR ILL7 NESSES.

8 (a) MEDICAL AND DENTAL CARE FOR MEMBERS AND

9 FORMER MEMBERS.—

10 (1) IN GENERAL.—Effective as of the date of the

11 enactment of this Act and subject to regulations pre12 scribed by the Secretary of Defense, any covered mem13 ber of the Armed Forces, and any former member of

14 the Armed Forces, with a severe injury or illness is

15 entitled to medical and dental care in any facility of

16 the uniformed services under section 1074(a) of title

17 10, United States Code, or through any civilian

18 health care provider authorized by the Secretary to

19 provide health and mental health services to members

20 of the uniformed services, including traumatic brain

21 injury (TBI) and post-traumatic stress disorder

22 (PTSD), as if such member or former member were

23 a member of the uniformed services described in para24 graph (2) of such section who is entitled to medical

25 and dental care under such section.
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1 (2) PERIOD OF AUTHORIZED CARE.—(A) Except

2 as provided in subparagraph (B), a member or

3 former member described in paragraph (1) is entitled

4 to care under that paragraph—

5 (i) in the case of a member or former mem6 ber whose severe injury or illness concerned is in7 curred or aggravated during the period begin8 ning on October 7, 2001, and ending on the date

9 of the enactment of this Act, during the three10 year period beginning on the date of the enact11 ment of this Act, except that no compensation is

12 payable by reason of this subsection for any pe13 riod before the date of the enactment of this Act;

14 or

15 (ii) in the case of a member or former mem16 ber whose severe injury or illness concerned is in17 curred or aggravated on or after the date of the

18 enactment of this Act, during the three-year pe19 riod beginning on the date on which such injury

20 or illness is so incurred or aggravated.

21 (B) The period of care authorized for a member

22 or former member under this paragraph may be ex23 tended by the Secretary concerned for an additional

24 period of up to two years if the Secretary concerned

25 determines that such extension is necessary to assure
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1 the maximum feasible recovery and rehabilitation of

2 the member or former member. Any such determina3 tion shall be made on a case-by-case basis.

4 (3) INTEGRATED CARE MANAGEMENT.—The Sec5 retary of Defense shall provide for a program of inte6 grated care management in the provision of care and

7 services under this subsection, which management

8 shall be provided by appropriate medical and case

9 management personnel of the Department of Defense

10 and the Department of Veterans Affairs (as approved

11 by the Secretary of Veterans Affairs) and with appro12 priate support from the Department of Defense re13 gional health care support contractors.

14 (4) WAIVER OF LIMITATIONS TO MAXIMIZE

15 CARE.—The Secretary of Defense may, in providing

16 medical and dental care to a member or former mem17 ber under this subsection during the period referred to

18 in paragraph (2), waive any limitation otherwise ap19 plicable under chapter 55 of title 10, United States

20 Code, to the provision of such care to the member or

21 former member if the Secretary considers the waiver

22 appropriate to assure the maximum feasible recovery

23 and rehabilitation of the member or former member.

24 (5) CONSTRUCTION WITH ELIGIBILITY FOR VET25 ERANS BENEFITS.—Nothing in this subsection shall be
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1 construed to reduce, alter, or otherwise affect the eligi2 bility or entitlement of a member or former member

3 of the Armed Forces to any health care, disability, or

4 other benefits to which the member of former member

5 would otherwise be eligible or entitled as a veteran

6 under the laws administered by the Secretary of Vet7 erans Affairs.

8 (6) SUNSET.—The Secretary of Defense may not

9 provide medical or dental care to a member or former

10 member of the Armed Forces under this subsection

11 after December 31, 2012, if the Secretary has not pro12 vided medical or dental care to the member or former

13 member under this subsection before that date.

14 (b) REHABILITATION AND VOCATIONAL BENEFITS.—

15 (1) IN GENERAL.—Effective as of the date of the

16 enactment of this Act, a member of the Armed Forces

17 with a severe injury or illness is entitled to such bene18 fits (including rehabilitation and vocational benefits,

19 but not including compensation) from the Secretary

20 of Veterans Affairs to facilitate the recovery and reha21 bilitation of such member as the Secretary otherwise

22 provides to members of the Armed Forces receiving

23 medical care in medical facilities of the Department

24 of Veterans Affairs facilities in order to facilitate the

25 recovery and rehabilitation of such members.
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1 (2) LIMITATIONS.—The provisions of paragraphs

2 (2) through (6) of subsection (a) shall apply to the

3 provision of benefits under this subsection as if the

4 benefits provided under this subsection were provided

5 under subsection (a).

6 (3) REIMBURSEMENT.—The Secretary of Defense

7 shall reimburse the Secretary of Veterans Affairs for

8 the cost of any benefits provided under this subsection

9 in accordance with applicable mechanisms for the re10 imbursement of the Secretary of Veterans Affairs for

11 the provision of medical care to members of the

12 Armed Forces.

13 (c) RECOVERY OF CERTAIN EXPENSES OF MEDICAL

14 CARE AND RELATED TRAVEL.—

15 (1) IN GENERAL.—Commencing not later than

16 60 days after the date of the enactment of this Act,

17 the Secretary of the military department concerned

18 may reimburse covered members of the Armed Forces,

19 and former members of the Armed Forces, with a se20 vere injury or illness for covered expenses incurred by

21 such members or former members, or their family

22 members, in connection with the receipt by such mem23 bers or former members of medical care that is re24 quired for such injury or illness.
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1 (2) COVERED EXPENSES.—Expenses for which

2 reimbursement may be made under paragraph (1) in3 clude the following:

4 (A) Expenses for health care services for

5 which coverage would be provided under section

6 1074(c) of title 10, United States Code, for mem7 bers of the uniformed services on active duty.

8 (B) Expenses of travel of a non-medical at9 tendant who accompanies a member or former

10 member of the Armed Forces for required med11 ical care that is not available to such member or

12 former member locally, if such attendant is ap13 pointed for that purpose by a competent medical

14 authority (as determined under regulations pre15 scribed by the Secretary of Defense for purposes

16 of this subsection).

17 (C) Such other expenses for medical care as

18 the Secretary may prescribe for purposes of this

19 subsection.

20 (3) AMOUNT OF REIMBURSEMENT.—The amount

21 of reimbursement under paragraph (1) for expenses

22 covered by paragraph (2) shall be determined in ac23 cordance with regulations prescribed by the Secretary

24 of Defense for purposes of this subsection.
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1 (d) SEVERE INJURY OR ILLNESS DEFINED.—In this

2 section, the term ‘‘severe injury or illness’’ means any seri3 ous injury or illness that is assigned a disability rating

4 of 30 percent or higher under the schedule for rating disabil5 ities in use by the Department of Defense.

6 SEC. 1622. REIMBURSEMENT OF CERTAIN FORMER MEM7 BERS OF THE UNIFORMED SERVICES WITH

8 SERVICE-CONNECTED DISABILITIES FOR

9 TRAVEL FOR FOLLOW-ON SPECIALTY CARE

10 AND RELATED SERVICES.

11 (a) TRAVEL.—Section 1074i of title 10, United States

12 Code, is amended—

13 (1) by redesignating subsection (b) as subsection

14 (c); and

15 (2) by inserting after subsection (a) the following

16 new subsection (b):

17 ‘‘(b) FOLLOW-ON SPECIALTY CARE AND RELATED

18 SERVICES.—In any case in which a former member of a

19 uniformed service who incurred a disability while on active

20 duty in a combat zone or during performance of duty in

21 combat related operations (as designated by the Secretary

22 of Defense), and is entitled to retired or retainer pay, or

23 equivalent pay, requires follow-on specialty care, services,

24 or supplies related to such disability at a specific military

25 treatment facility more than 100 miles from the location
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1 in which the former member resides, the Secretary shall pro2 vide reimbursement for reasonable travel expenses com3 parable to those provided under subsection (a) for the

4 former member, and when accompaniment by an adult is

5 determined by competent medical authority to be necessary,

6 for a spouse, parent, or guardian of the former member,

7 or another member of the former member’s family who is

8 at least 21 years of age.’’.

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect January 1, 2008, and shall

11 apply with respect to travel that occurs on or after that

12 date.

13 PART II—CARE AND SERVICES FOR DEPENDENTS

14 SEC. 1626. MEDICAL CARE AND SERVICES AND SUPPORT

15 SERVICES FOR FAMILIES OF MEMBERS OF

16 THE ARMED FORCES RECOVERING FROM SE17 RIOUS INJURIES OR ILLNESSES.

18 (a) MEDICAL CARE.—

19 (1) IN GENERAL.—A family member of a covered

20 member of the Armed Forces who is not otherwise eli21 gible for medical care at a military medical treat22 ment facility or at medical facilities of the Depart23 ment of Veterans Affairs shall be eligible for such care

24 at such facilities, on a space-available basis, if the

25 family member is—
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1 (A) on invitational orders while caring for

2 the covered member of the Armed Forces;

3 (B) a non-medical attendee caring for the

4 covered member of the Armed Forces; or

5 (C) receiving per diem payments from the

6 Department of Defense while caring for the cov7 ered member of the Armed Forces.

8 (2) SPECIFICATION OF FAMILY MEMBERS.—Not9 withstanding section 1602(3), the Secretary of Defense

10 and the Secretary of Veterans Affairs shall jointly

11 prescribe in regulations the family members of cov12 ered members of the Armed Forces who shall be con13 sidered to be a family member of a covered member

14 of the Armed Forces for purposes of paragraph (1).

15 (3) SPECIFICATION OF CARE.—(A) The Secretary

16 of Defense shall prescribe in regulations the medical

17 care and counseling that shall be available to family

18 members under paragraph (1) at military medical

19 treatment facilities.

20 (B) The Secretary of Veterans Affairs shall pre21 scribe in regulations the medical care and counseling

22 that shall be available to family members under para23 graph (1) at medical facilities of the Department of

24 Veterans Affairs.
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1 (4) RECOVERY OF COSTS.—The United States

2 may recover the costs of the provision of medical care

3 and counseling under paragraph (1) as follows (as

4 applicable):

5 (A) From third-party payers, in the same

6 manner as the United States may collect costs of

7 the charges of health care provided to covered

8 beneficiaries from third-party payers under sec9 tion 1095 of title 10, United States Code.

10 (B) As if such care and counseling was pro11 vided under the authority of section 1784 of title

12 38, United States Code.

13 (b) JOB PLACEMENT SERVICES.—A family member

14 who is on invitational orders or is a non-medical attendee

15 while caring for a covered member of the Armed Forces for

16 more than 45 days during a one-year period shall be eligible

17 for job placement services otherwise offered by the Depart18 ment of Defense.

19 (c) REPORT ON NEED FOR ADDITIONAL SERVICES.—

20 Not later than 90 days after the date of the enactment of

21 this Act, the Secretary of Defense shall submit to the con22 gressional defense committees a report setting forth the as23 sessment of the Secretary of the need for additional employ24 ment services, and of the need for employment protection,

25 of family members described in subsection (b) who are
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1 placed on leave from employment or otherwise displaced

2 from employment while caring for a covered member of the

3 Armed Forces as described in that subsection.

4 SEC. 1627. EXTENDED BENEFITS UNDER TRICARE FOR PRI5 MARY CAREGIVERS OF MEMBERS OF THE UNI6 FORMED SERVICES WHO INCUR A SERIOUS

7 INJURY OR ILLNESS ON ACTIVE DUTY.

8 (a) IN GENERAL.—Section 1079(d) of title 10, United

9 States Code, is amended—

10 (1) by redesignating paragraphs (2) and (3) as

11 paragraphs (3) and (4), respectively; and

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph (2):

14 ‘‘(2)(A) Subject to such terms, conditions, and excep15 tions as the Secretary of Defense considers appropriate, the

16 program of extended benefits for eligible dependents under

17 this subsection shall include extended benefits for the pri18 mary caregivers of members of the uniformed services who

19 incur a serious injury or illness on active duty.

20 ‘‘(B) The Secretary of Defense shall prescribe in regu21 lations the individuals who shall be treated as the primary

22 caregivers of a member of the uniformed services for pur23 poses of this paragraph.

24 ‘‘(C) For purposes of this section, a serious injury or

25 illness, with respect to a member of the uniformed services,
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1 is an injury or illness that may render the member medi2 cally unfit to perform the duties of the member’s office,

3 grade, rank, or rating, and that renders a member of the

4 uniformed services dependent upon a caregiver.’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect on January 1, 2008.

7 PART III—TRAUMATIC BRAIN INJURY AND POST8 TRAUMATIC STRESS DISORDER

9 SEC. 1631. COMPREHENSIVE PLANS ON PREVENTION, DIAG10 NOSIS, MITIGATION, AND TREATMENT OF

11 TRAUMATIC BRAIN INJURY AND POST-TRAU12 MATIC STRESS DISORDER IN MEMBERS OF

13 THE ARMED FORCES.

14 (a) PLANS REQUIRED.—Not later than 180 days after

15 the date of the enactment of this Act, the Secretary of De16 fense shall, in consultation with the Secretary of Veterans

17 Affairs, submit to the congressional defense committees one

18 or more comprehensive plans for programs and activities

19 of the Department of Defense to prevent, diagnose, mitigate,

20 treat, and otherwise respond to traumatic brain injury

21 (TBI) and post-traumatic stress disorder (PTSD) in mem22 bers of the Armed Forces.

23 (b) ELEMENTS.—Each plan submitted under sub24 section (a) shall include comprehensive proposals of the De25 partment on the following:
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1 (1) The designation by the Secretary of Defense

2 of a lead agent or executive agent for the Department

3 to coordinate development and implementation of the

4 plan.

5 (2) The improvement of personnel protective

6 equipment for members of the Armed Forces in order

7 to prevent traumatic brain injury.

8 (3) The improvement of methods and mecha9 nisms for the detection and treatment of traumatic

10 brain injury and post-traumatic stress disorder in

11 members of the Armed Forces in the field.

12 (4) The requirements for research on traumatic

13 brain injury and post-traumatic stress disorder, in14 cluding (in particular) research on pharmacological

15 approaches to treatment for traumatic brain injury

16 or post-traumatic stress disorder, as applicable, and

17 the allocation of priorities among such research.

18 (5) The development, adoption, and deployment

19 of diagnostic criteria for the detection and evaluation

20 of the range of traumatic brain injury and post-trau21 matic stress disorder in members of the Armed Forces,

22 which criteria shall be employed uniformly across the

23 military departments in all applicable circumstances,

24 including provision of clinical care and assessment of

25 future deployability of members of the Armed Forces.
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1 (6) The development and deployment of effective

2 means of assessing traumatic brain injury and post3 traumatic stress disorder in members of the Armed

4 Forces, including a system of pre-deployment and

5 post-deployment screenings of cognitive ability in

6 members for the detection of cognitive impairment, as

7 required by the amendments made by section 222.

8 (7) The development and deployment of effective

9 means of managing and monitoring members of the

10 Armed Forces with traumatic brain injury or post11 traumatic stress disorder in the receipt of care for

12 traumatic brain injury or post-traumatic stress dis13 order, as applicable, including the monitoring and as14 sessment of treatment and outcomes.

15 (8) The development and deployment of an edu16 cation and awareness training initiative designed to

17 reduce the negative stigma associated with traumatic

18 brain injury, post-traumatic stress disorder, and

19 mental health treatment.

20 (9) The provision of education and outreach to

21 families of members of the Armed Forces with trau22 matic brain injury or post-traumatic stress disorder

23 on a range of matters relating to traumatic brain in24 jury or post-traumatic stress disorder, as applicable,

25 including detection, mitigation, and treatment.
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1 (10) The assessment of the current capabilities of

2 the Department for the prevention, diagnosis, mitiga3 tion, treatment, and rehabilitation of traumatic brain

4 injury and post-traumatic stress disorder in members

5 of the Armed Forces.

6 (11) The identification of gaps in current capa7 bilities of the Department for the prevention, diag8 nosis, mitigation, treatment, and rehabilitation of

9 traumatic brain injury and post-traumatic stress dis10 order in members of the Armed Forces.

11 (12) The identification of the resources required

12 for the Department in fiscal years 2009 thru 2013 to

13 address the gaps in capabilities identified under

14 paragraph (11).

15 (13) The development of joint planning among

16 the Department of Defense, the military departments,

17 and the Department of Veterans Affairs for the pre18 vention, diagnosis, mitigation, treatment, and reha19 bilitation of traumatic brain injury and post-trau20 matic stress disorder in members of the Armed Forces,

21 including planning for the seamless transition of such

22 members from care through the Department of Defense

23 care through the Department of Veterans Affairs.
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1 (14) A requirement that exposure to a blast or

2 blasts be recorded in the records of members of the

3 Armed Forces.

4 (15) The development of clinical practice guide5 lines for the diagnosis and treatment of blast injuries

6 in members of the Armed Forces, including, but not

7 limited to, traumatic brain injury.

8 (16) A program under which each member of the

9 Armed Forces who incurs a traumatic brain injury

10 or post-traumatic stress disorder during service in the

11 Armed Forces—

12 (A) is enrolled in the program; and

13 (B) receives, under the program, treatment

14 and rehabilitation meeting a standard of care

15 such that each individual who is a member of the

16 Armed Forces who qualifies for care under the

17 program shall—

18 (i) be provided the highest quality of

19 care possible based on the medical judgment

20 of qualified medical professionals in facili21 ties that most appropriately meet the spe22 cific needs of the individual; and

23 (ii) be rehabilitated to the fullest extent

24 possible using the most up-to-date medical
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1 technology, medical rehabilitation practices,

2 and medical expertise available.

3 (17) A requirement that if a member of the

4 Armed Forces participating in a program established

5 in accordance with paragraph (16) believes that care

6 provided to such participant does not meet the stand7 ard of care specified in subparagraph (B) of such

8 paragraph, the Secretary of Defense shall, upon re9 quest of the participant, provide to such participant

10 a referral to another Department of Defense or De11 partment of Veterans Affairs provider of medical or

12 rehabilitative care for a second opinion regarding the

13 care that would meet the standard of care specified in

14 such subparagraph.

15 (18) The provision of information by the Sec16 retary of Defense to members of the Armed Forces

17 with traumatic brain injury or post-traumatic stress

18 disorder and their families about their rights with re19 spect to the following:

20 (A) The receipt of medical and mental

21 health care from the Department of Defense and

22 the Department of Veterans Affairs.

23 (B) The options available to such members

24 for treatment of traumatic brain injury and

25 post-traumatic stress disorder.
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1 (C) The options available to such members

2 for rehabilitation.

3 (D) The options available to such members

4 for a referral to a public or private provider of

5 medical or rehabilitative care.

6 (E) The right to administrative review of

7 any decision with respect to the provision of care

8 by the Department of Defense for such members.

9 (c) COORDINATION IN DEVELOPMENT.—Each plan

10 submitted under subsection (a) shall be developed in coordi11 nation with the Secretary of the Army (who was designated

12 by the Secretary of Defense as executive agent for the pre13 vention, mitigation, and treatment of blast injuries under

14 section 256 of the National Defense Authorization Act for

15 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3181;

16 10 U.S.C. 1071 note)).

17 (d) ADDITIONAL ACTIVITIES.—In carrying out pro18 grams and activities for the prevention, diagnosis, mitiga19 tion, and treatment of traumatic brain injury and post20 traumatic stress disorder in members of the Armed Forces,

21 the Secretary of Defense shall—

22 (1) examine the results of the recently completed

23 Phase 2 study, funded by the National Institutes of

24 Health, on the use of progesterone for acute traumatic

25 brain injury;
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1 (2) determine if Department of Defense funding

2 for a Phase 3 clinical trial on the use of progesterone

3 for acute traumatic brain injury, or for further re4 search regarding the use of progesterone or its metabo5 lites for treatment of traumatic brain injury, is war6 ranted; and

7 (3) provide for the collaboration of the Depart8 ment of Defense, as appropriate, in clinical trials and

9 research on pharmacological approaches to treatment

10 for traumatic brain injury and post-traumatic stress

11 disorder that is conducted by other departments and

12 agencies of the Federal Government.

13 SEC. 1632. IMPROVEMENT OF MEDICAL TRACKING SYSTEM

14 FOR MEMBERS OF THE ARMED FORCES DE15 PLOYED OVERSEAS.

16 (a) PROTOCOL FOR ASSESSMENT OF COGNITIVE FUNC17 TIONING.—

18 (1) PROTOCOL REQUIRED.—Subsection (b) of

19 section 1074f of title 10, United States Code, is

20 amended—

21 (A) in paragraph (2), by adding at the end

22 the following new subparagraph:

23 ‘‘(C) An assessment of post-traumatic stress dis24 order.’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(3)(A) The Secretary shall establish for purposes of

4 subparagraphs (B) and (C) of paragraph (2) a protocol for

5 the predeployment assessment and documentation of the

6 cognitive (including memory) functioning of a member who

7 is deployed outside the United States in order to facilitate

8 the assessment of the postdeployment cognitive (including

9 memory) functioning of the member.

10 ‘‘(B) The protocol under subparagraph (A) shall in11 clude appropriate mechanisms to permit the differential di12 agnosis of traumatic brain injury in members returning

13 from deployment in a combat zone.’’.

14 (2) PILOT PROJECTS.—(A) In developing the

15 protocol required by paragraph (3) of section 1074f(b)

16 of title 10, United States Code (as amended by para17 graph (1) of this subsection), for purposes of assess18 ments for traumatic brain injury, the Secretary of

19 Defense shall conduct up to three pilot projects to

20 evaluate various mechanisms for use in the protocol

21 for such purposes. One of the mechanisms to be so

22 evaluated shall be a computer-based assessment tool.

23 (B) Not later than 60 days after the completion

24 of the pilot projects conducted under this paragraph,

25 the Secretary shall submit to the appropriate commit-
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1 tees of Congress a report on the pilot projects. The re2 port shall include—

3 (i) a description of the pilot projects so con4 ducted;

5 (ii) an assessment of the results of each such

6 pilot project; and

7 (iii) a description of any mechanisms eval8 uated under each such pilot project that will in9 corporated into the protocol.

10 (C) Not later than 180 days after completion of

11 the pilot projects conducted under this paragraph, the

12 Secretary shall establish a mechanism for imple13 menting any mechanism evaluated under such a pilot

14 project that is selected for incorporation in the pro15 tocol.

16 (D) There is hereby authorized to be appro17 priated to the Department of Defense, $3,000,000 for

18 the pilot projects authorized by this paragraph. Of the

19 amount so authorized to be appropriated, not more

20 than $1,000,000 shall be available for any particular

21 pilot project.

22 (b) QUALITY ASSURANCE.—Subsection (d)(2) of sec23 tion 1074f of title 10, United States Code, is amended by

24 adding at the end the following new subparagraph:
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1 ‘‘(F) The diagnosis and treatment of traumatic

2 brain injury and post-traumatic stress disorder.’’.

3 (c) STANDARDS FOR DEPLOYMENT.—Subsection (f) of

4 such section is amended—

5 (1) in the subsection heading, by striking ‘‘MEN6 TAL HEALTH’’; and

7 (2) in paragraph (2)(B), by striking ‘‘or’’ and

8 inserting ‘‘, traumatic brain injury, or’’.

9 SEC. 1633. CENTERS OF EXCELLENCE IN THE PREVENTION,

10 DIAGNOSIS, MITIGATION, TREATMENT, AND

11 REHABILITATION OF TRAUMATIC BRAIN IN12 JURY AND POST-TRAUMATIC STRESS DIS13 ORDER.

14 (a) CENTER OF EXCELLENCE ON TRAUMATIC BRAIN

15 INJURY.—Chapter 55 of title 10, United States Code, is

16 amended by inserting after section 1105 the following new

17 section:

18 ‘‘§ 1105a. Center of Excellence in Prevention, Diag19 nosis, Mitigation, Treatment, and Reha20 bilitation of Traumatic Brain Injury

21 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es22 tablish within the Department of Defense a center of excel23 lence in the prevention, diagnosis, mitigation, treatment,

24 and rehabilitation of traumatic brain injury (TBI), includ25 ing mild, moderate, and severe traumatic brain injury, to
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1 carry out the responsibilities specified in subsection (c). The

2 center shall be known as a ‘Center of Excellence in Preven3 tion, Diagnosis, Mitigation, Treatment, and Rehabilitation

4 of Traumatic Brain Injury’.

5 ‘‘(b) PARTNERSHIPS.—The Secretary shall ensure that

6 the Center collaborates to the maximum extent practicable

7 with the Department of Veterans Affairs, institutions of

8 higher education, and other appropriate public and private

9 entities (including international entities) to carry out the

10 responsibilities specified in subsection (c).

11 ‘‘(c) RESPONSIBILITIES.—The Center shall have re12 sponsibilities as follows:

13 ‘‘(1) To direct and oversee, based on expert re14 search, the development and implementation of a

15 long-term, comprehensive plan and strategy for the

16 Department of Defense for the prevention, diagnosis,

17 mitigation, treatment, and rehabilitation of trau18 matic brain injury.

19 ‘‘(2) To provide for the development, testing, and

20 dissemination within the Department of best practices

21 for the treatment of traumatic brain injury.

22 ‘‘(3) To provide guidance for the mental health

23 system of the Department in determining the mental

24 health and neurological health personnel required to
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1 provide quality mental health care for members of the

2 armed forces with traumatic brain injury.

3 ‘‘(4) To establish, implement, and oversee a com4 prehensive program to train mental health and neuro5 logical health professionals of the Department in the

6 treatment of traumatic brain injury.

7 ‘‘(5) To facilitate advancements in the study of

8 the short-term and long-term psychological effects of

9 traumatic brain injury.

10 ‘‘(6) To disseminate within the military medical

11 treatment facilities of the Department best practices

12 for training mental health professionals, including

13 neurological health professionals, with respect to trau14 matic brain injury.

15 ‘‘(7) To conduct basic science and translational

16 research on traumatic brain injury for the purposes

17 of understanding the etiology of traumatic brain in18 jury and developing preventive interventions and new

19 treatments.

20 ‘‘(8) To develop outreach strategies and treat21 ments for families of members of the armed forces

22 with traumatic brain injury in order to mitigate the

23 negative impacts of traumatic brain injury on such

24 family members and to support the recovery of such

25 members from traumatic brain injury.
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1 ‘‘(9) To conduct research on the unique mental

2 health needs of women members of the armed forces

3 with traumatic brain injury and develop treatments

4 to meet any needs identified through such research.

5 ‘‘(10) To conduct research on the unique mental

6 health needs of ethnic minority members of the armed

7 forces with traumatic brain injury and develop treat8 ments to meet any needs identified through such re9 search.

10 ‘‘(11) To conduct research on the mental health

11 needs of families of members of the armed forces with

12 traumatic brain injury and develop treatments to

13 meet any needs identified through such research.

14 ‘‘(12) To conduct longitudinal studies (using im15 aging technology and other proven research methods)

16 on members of the armed forces with traumatic brain

17 injury to identify early signs of Alzheimer’s disease,

18 Parkinson’s disease, or other manifestations of

19 neurodegeneration in such members, which studies

20 should be conducted in coordination with the studies

21 authorized by section 721 of the John Warner Na22 tional Defense Authorization Act for Fiscal Year 2007

23 (Public Law 109–364; 120 Stat. 2294) and other

24 studies of the Department of Defense and the Depart25 ment of Veterans Affairs that address the connection
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1 between exposure to combat and the development of

2 Alzheimer’s disease, Parkinson’s disease, and other

3 neurodegenerative disorders.

4 ‘‘(13) To develop and oversee a long-term plan to

5 increase the number of mental health and neurological

6 health professionals within the Department in order

7 to facilitate the meeting by the Department of the

8 needs of members of the armed forces with traumatic

9 brain injury until their transition to care and treat10 ment from the Department of Veterans Affairs.

11 ‘‘(14) To develop a program on comprehensive

12 pain management, including management of acute

13 and chronic pain, to utilize current and develop new

14 treatments for pain, and to identify and disseminate

15 best practices on pain management.

16 ‘‘(15) Such other responsibilities as the Secretary

17 shall specify.’’.

18 (b) CENTER OF EXCELLENCE ON POST-TRAUMATIC

19 STRESS DISORDER.—Chapter 55 of such title is further

20 amended by inserting after section 1105a, as added by sub21 section (a), the following new section:
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1 ‘‘§ 1105b. Center of Excellence in Prevention, Diag2 nosis, Mitigation, Treatment, and Reha3 bilitation of Post-Traumatic Stress Dis4 order

5 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es6 tablish within the Department of Defense a center of excel7 lence in the prevention, diagnosis, mitigation, treatment,

8 and rehabilitation of post-traumatic stress disorder

9 (PTSD), including mild, moderate, and severe post-trau10 matic stress disorder, to carry out the responsibilities speci11 fied in subsection (c). The center shall be known as a ‘Center

12 of Excellence in Prevention, Diagnosis, Mitigation, Treat13 ment, and Rehabilitation of Post-Traumatic Stress Dis14 order’.

15 ‘‘(b) PARTNERSHIPS.—The Secretary shall ensure that

16 the Center collaborates to the maximum extent practicable

17 with the National Center for Post-Traumatic Stress Dis18 order of the Department of Veterans Affairs, institutions of

19 higher education, and other appropriate public and private

20 entities (including international entities) to carry out the

21 responsibilities specified in subsection (c).

22 ‘‘(c) RESPONSIBILITIES.—The Center shall have re23 sponsibilities as follows:

24 ‘‘(1) To direct and oversee, based on expert re25 search, the development and implementation of a

26 long-term, comprehensive plan and strategy for the
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1 Department of Defense for the prevention, diagnosis,

2 mitigation, treatment, and rehabilitation of post3 traumatic stress disorder.

4 ‘‘(2) To provide for the development, testing, and

5 dissemination within the Department of best practices

6 for the treatment of post-traumatic stress disorder.

7 ‘‘(3) To provide guidance for the mental health

8 system of the Department in determining the mental

9 health and neurological health personnel required to

10 provide quality mental health care for members of the

11 armed forces with post-traumatic stress disorder.

12 ‘‘(4) To establish, implement, and oversee a com13 prehensive program to train mental health and neuro14 logical health professionals of the Department in the

15 treatment of post-traumatic stress disorder.

16 ‘‘(5) To facilitate advancements in the study of

17 the short-term and long-term psychological effects of

18 post-traumatic stress disorder.

19 ‘‘(6) To disseminate within the military medical

20 treatment facilities of the Department best practices

21 for training mental health professionals, including

22 neurological health professionals, with respect to post23 traumatic stress disorder.

24 ‘‘(7) To conduct basic science and translational

25 research on post-traumatic stress disorder for the pur-
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1 poses of understanding the etiology of post-traumatic

2 stress disorder and developing preventive interven3 tions and new treatments.

4 ‘‘(8) To develop outreach strategies and treat5 ments for families of members of the armed forces

6 with post-traumatic stress disorder in order to miti7 gate the negative impacts of traumatic brain injury

8 on such family members and to support the recovery

9 of such members from post-traumatic stress disorder.

10 ‘‘(9) To conduct research on the unique mental

11 health needs of women members of the armed forces,

12 including victims of sexual assault, with post-trau13 matic stress disorder and develop treatments to meet

14 any needs identified through such research.

15 ‘‘(10) To conduct research on the unique mental

16 health needs of ethnic minority members of the armed

17 forces with post-traumatic stress disorder and develop

18 treatments to meet any needs identified through such

19 research.

20 ‘‘(11) To conduct research on the mental health

21 needs of families of members of the armed forces with

22 post-traumatic stress disorder and develop treatments

23 to meet any needs identified through such research.

24 ‘‘(12) To develop and oversee a long-term plan to

25 increase the number of mental health and neurological
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1 health professionals within the Department in order

2 to facilitate the meeting by the Department of the

3 needs of members of the armed forces with post-trau4 matic stress disorder until their transition to care

5 and treatment from the Department of Veterans Af6 fairs.

7 ‘‘(13) To develop a program on comprehensive

8 pain management, including management of acute

9 and chronic pain, to utilize current and develop new

10 treatments for pain, and to identify and disseminate

11 best practices on pain management.

12 ‘‘(14) Such other responsibilities as the Secretary

13 shall specify.’’.

14 (c) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 55 of such title is amended by in16 serting after the item relating to section 1105 the following

17 new items:

‘‘1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment,

and Rehabilitation of Traumatic Brain Injury.

‘‘1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and

Rehabilitation of Post-Traumatic Stress Disorder.’’.

18 (d) REPORT ON ESTABLISHMENT.—Not later than 180

19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to Congress a report on the

21 establishment of the Center of Excellence in Prevention, Di22 agnosis, Mitigation, Treatment, and Rehabilitation of

23 Traumatic Brain Injury required by section 1105a of title
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1 10, United States Code (as added by subsection (a)), and

2 the establishment of the Center of Excellence in Prevention,

3 Diagnosis, Mitigation, Treatment, and Rehabilitation of

4 Post-Traumatic Stress Disorder required by section 1105b

5 of title 10, United States Code (as added by subsection (b)).

6 The report shall, for each such Center—

7 (1) describe in detail the activities and proposed

8 activities of such Center; and

9 (2) assess the progress of such Center in dis10 charging the responsibilities of such Center.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

12 hereby authorized to be appropriated for fiscal year 2008

13 for the Department of Defense for Defense Health Program,

14 $10,000,000, of which—

15 (1) $5,000,000 shall be available for the Center

16 of Excellence in Prevention, Diagnosis, Mitigation,

17 Treatment, and Rehabilitation of Traumatic Brain

18 Injury required by section 1105a of title 10, United

19 States Code; and

20 (2) $5,000,000 shall be available for the Center

21 of Excellence in Prevention, Diagnosis, Mitigation,

22 Treatment, and Rehabilitation of Post-Traumatic

23 Stress Disorder required by section 1105b of title 10,

24 United States Code.
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1 SEC. 1634. REVIEW OF MENTAL HEALTH SERVICES AND

2 TREATMENT FOR FEMALE MEMBERS OF THE

3 ARMED FORCES AND VETERANS.

4 (a) COMPREHENSIVE REVIEW.—The Secretary of De5 fense and the Secretary of Veterans Affairs shall jointly con6 duct a comprehensive review of—

7 (1) the need for mental health treatment and

8 services for female members of the Armed Forces and

9 veterans; and

10 (2) the efficacy and adequacy of existing mental

11 health treatment programs and services for female

12 members of the Armed Forces and veterans.

13 (b) ELEMENTS.—The review required by subsection (a)

14 shall include, but not be limited to, an assessment of the

15 following:

16 (1) The need for mental health outreach, preven17 tion, and treatment services specifically for female

18 members of the Armed Forces and veterans.

19 (2) The access to and efficacy of existing mental

20 health outreach, prevention, and treatment services

21 and programs (including substance abuse programs)

22 for female veterans who served in a combat zone.

23 (3) The access to and efficacy of services and

24 treatment for female members of the Armed Forces

25 and veterans who experience post-traumatic stress

26 disorder (PTSD).
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1 (4) The availability of services and treatment for

2 female members of the Armed Forces and veterans

3 who experienced sexual assault or abuse.

4 (5) The access to and need for treatment facili5 ties focusing on the mental health care needs of female

6 members of the Armed Forces and veterans.

7 (6) The need for further clinical research on the

8 unique needs of female veterans who served in a com9 bat zone.

10 (c) REPORT.—Not later than 90 days after the date

11 of the enactment of this Act, the Secretary of Defense and

12 the Secretary of Veterans Affairs shall jointly submit to the

13 appropriate committees of Congress a report on the review

14 required by subsection (a).

15 (d) POLICY REQUIRED.—Not later than 120 days after

16 the date of the enactment of this Act, the Secretary of De17 fense and the Secretary of Veterans Affairs shall jointly de18 velop a comprehensive policy to address the treatment and

19 care needs of female members of the Armed Forces and vet20 erans who experience mental health problems and condi21 tions, including post-traumatic stress disorder. The policy

22 shall take into account and reflect the results of the review

23 required by subsection (a).
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1 SEC. 1635. FUNDING FOR IMPROVED DIAGNOSIS, TREAT2 MENT, AND REHABILITATION OF MEMBERS

3 OF THE ARMED FORCES WITH TRAUMATIC

4 BRAIN INJURY OR POST-TRAUMATIC STRESS

5 DISORDER.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) IN GENERAL.—Funds are hereby authorized

8 to be appropriated for fiscal year 2008 for the De9 partment of Defense for Defense Health Program in

10 the amount of $50,000,000, with such amount to be

11 available for activities as follows:

12 (A) Activities relating to the improved diag13 nosis, treatment, and rehabilitation of members

14 of the Armed Forces with traumatic brain injury

15 (TBI).

16 (B) Activities relating to the improved diag17 nosis, treatment, and rehabilitation of members

18 of the Armed Forces with post-traumatic stress

19 disorder (PTSD).

20 (2) AVAILABILITY OF AMOUNT.—Of the amount

21 authorized to be appropriated by paragraph (1),

22 $17,000,000 shall be available for the Defense and

23 Veterans Brain Injury Center of the Department of

24 Defense.

25 (b) SUPPLEMENT NOT SUPPLANT.—The amount au26 thorized to be appropriated by subsection (a) for Defense
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1 Health Program is in addition to any other amounts au2 thorized to be appropriated by this Act for Defense Health

3 Program.

4 SEC. 1636. REPORTS.

5 (a) REPORTS ON IMPLEMENTATION OF CERTAIN RE6 QUIREMENTS.—Not later than 90 days after the date of the

7 enactment of this Act, the Secretary of Defense shall submit

8 to the congressional defense committees a report describing

9 the progress in implementing the requirements as follows:

10 (1) The requirements of section 721 of the John

11 Warner National Defense Authorization Act for Fiscal

12 Year 2007 (Public Law 109–364; 120 Stat. 2294), re13 lating to a longitudinal study on traumatic brain in14 jury incurred by members of the Armed Forces in Op15 eration Iraqi Freedom and Operation Enduring Free16 dom.

17 (2) The requirements arising from the amend18 ments made by section 738 of the John Warner Na19 tional Defense Authorization Act for Fiscal Year 2007

20 (120 Stat. 2303), relating to enhanced mental health

21 screening and services for members of the Armed

22 Forces.

23 (3) The requirements of section 741 of the John

24 Warner National Defense Authorization Act for Fiscal

25 Year 2007 (120 Stat. 2304), relating to pilot projects
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1 on early diagnosis and treatment of post-traumatic

2 stress disorder and other mental health conditions.

3 (b) ANNUAL REPORTS ON EXPENDITURES FOR ACTIVI4 TIES ON TBI AND PTSD.—

5 (1) REPORTS REQUIRED.—Not later than March

6 1, 2008, and each year thereafter through 2013, the

7 Secretary of Defense shall submit to the congressional

8 defense committees a report setting forth the amounts

9 expended by the Department of Defense during the

10 preceding calendar year on activities described in

11 paragraph (2), including the amount allocated during

12 such calendar year to the Defense and Veterans Brain

13 Injury Center of the Department.

14 (2) COVERED ACTIVITIES.—The activities de15 scribed in this paragraph are activities as follows:

16 (A) Activities relating to the improved diag17 nosis, treatment, and rehabilitation of members

18 of the Armed Forces with traumatic brain injury

19 (TBI).

20 (B) Activities relating to the improved diag21 nosis, treatment, and rehabilitation of members

22 of the Armed Forces with post-traumatic stress

23 disorder (PTSD).

24 (3) ELEMENTS.—Each report under paragraph

25 (1) shall include—
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1 (A) a description of the amounts expended

2 as described in that paragraph, including a de3 scription of the activities for which expended;

4 (B) a description and assessment of the out5 come of such activities;

6 (C) a statement of priorities of the Depart7 ment in activities relating to the prevention, di8 agnosis, research, treatment, and rehabilitation

9 of traumatic brain injury in members of the

10 Armed Forces during the year in which such re11 port is submitted and in future calendar years;

12 (D) a statement of priorities of the Depart13 ment in activities relating to the prevention, di14 agnosis, research, treatment, and rehabilitation

15 of post-traumatic stress disorder in members of

16 the Armed Forces during the year in which such

17 report is submitted and in future calendar years;

18 and

19 (E) an assessment of the progress made to20 ward achieving the priorities stated in subpara21 graphs (C) and (D) in the report under para22 graph (1) in the previous year, and a description

23 of any actions planned during the year in which

24 such report is submitted to achieve any

25 unfulfilled priorities during such year.
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1 PART IV—OTHER MATTERS

2 SEC. 1641. JOINT ELECTRONIC HEALTH RECORD FOR THE

3 DEPARTMENT OF DEFENSE AND DEPART4 MENT OF VETERANS AFFAIRS.

5 (a) IN GENERAL.—The Secretary of Defense and the

6 Secretary of Veterans Affairs shall jointly—

7 (1) develop and implement a joint electronic

8 health record for use by the Department of Defense

9 and the Department of Veterans Affairs; and

10 (2) accelerate the exchange of health care infor11 mation between the Department of Defense and the

12 Department of Veterans Affairs in order to support

13 the delivery of health care by both Departments.

14 (b) DEPARTMENT OF DEFENSE-DEPARTMENT OF VET15 ERANS AFFAIRS INTERAGENCY PROGRAM OFFICE FOR A

16 JOINT ELECTRONIC HEALTH RECORD.—

17 (1) IN GENERAL.—There is hereby established a

18 joint element of the Department of Defense and the

19 Department of Veterans Affairs to be known as the

20 ‘‘Department of Defense-Department of Veterans Af21 fairs Interagency Program Office for a Joint Elec22 tronic Health Record’’ (in this section referred to as

23 the ‘‘Office’’).

24 (2) PURPOSES.—The purposes of the Office shall

25 be as follows:
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1 (A) To act as a single point of account2 ability for the Department of Defense and the

3 Department of Veterans Affairs in the rapid de4 velopment, test, and implementation of a joint

5 electronic health record for use by the Depart6 ment of Defense and the Department of Veterans

7 Affairs.

8 (B) To accelerate the exchange of health

9 care information between Department of Defense

10 and the Department of Veterans Affairs in order

11 to support the delivery of health care by both De12 partments.

13 (c) LEADERSHIP.—

14 (1) DIRECTOR.—The Director of the Department

15 of Defense-Department of Veterans Affairs Inter16 agency Program Office for a Joint Electronic Health

17 Record shall be the head of the Office.

18 (2) DEPUTY DIRECTOR.—The Deputy Director of

19 the Department of Defense-Department of Veterans

20 Affairs Interagency Program Office for a Joint Elec21 tronic Health Record shall be the deputy head of the

22 office and shall assist the Director in carrying out the

23 duties of the Director.

24 (3) APPOINTMENTS.—(A) The Director shall be

25 appointed by the Secretary of Defense, with the con-
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1 currence of the Secretary of Veterans Affairs, from

2 among employees of the Department of Defense and

3 the Department of Veterans Affairs in the Senior Ex4 ecutive Service who are qualified to direct the develop5 ment and acquisition of major information technology

6 capabilities.

7 (B) The Deputy Director shall be appointed by

8 the Secretary of Veterans Affairs, with the concur9 rence of the Secretary of Defense, from among employ10 ees of the Department of Defense and the Department

11 of Veterans Affairs in the Senior Executive Service

12 who are qualified to direct the development and ac13 quisition of major information technology capabili14 ties.

15 (4) ADDITIONAL GUIDANCE.—In addition to the

16 direction, supervision, and control provided by the

17 Secretary of Defense and the Secretary of Veterans Af18 fairs, the Office shall also receive guidance from the

19 Department of Veterans Affairs-Department of De20 fense Joint Executive Committee under section 320 of

21 title 38, United States Code, in the discharge of the

22 functions of the Office under this section.

23 (5) TESTIMONY.—Upon request by any of the ap24 propriate committees of Congress, the Director and

25 the Deputy Director shall testify before such com-
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1 mittee regarding the discharge of the functions of the

2 Office under this section.

3 (d) FUNCTION.—The function of the Office shall be to

4 develop and prepare for deployment, by not later than Sep5 tember 30, 2010, a joint electronic health record to be uti6 lized by both the Department of Defense and the Depart7 ment of Veterans Affairs in the provision of medical care

8 and treatment to members of the Armed Forces and vet9 erans, which health record shall comply with applicable

10 interoperability standards, implementation specifications,

11 and certification criteria (including for the reporting of

12 quality measures) of the Federal Government.

13 (e) SCHEDULES AND BENCHMARKS.—Not later than

14 30 days after the date of the enactment of this Act, the Sec15 retary of Defense and the Secretary of Veterans Affairs shall

16 jointly establish a schedule and benchmarks for the dis17 charge by the Office of its function under this section, in18 cluding each of the following:

19 (1) A schedule for the establishment of the Office.

20 (2) A schedule and deadline for the establishment

21 of the requirements for the joint electronic health

22 record described in subsection (d), including coordina23 tion with the Office of the National Coordinator for

24 Health Information Technology in the development of
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1 a nationwide interoperable health information tech2 nology infrastructure.

3 (3) A schedule and associated deadlines for any

4 acquisition and testing required in the development

5 and deployment of the joint electronic health record.

6 (4) A schedule and associated deadlines and re7 quirements for the deployment of the joint electronic

8 health record.

9 (5) Proposed funding for the Office for each of

10 fiscal years 2009 through 2013 for the discharge of its

11 function.

12 (f) PILOT PROJECTS.—

13 (1) AUTHORITY.—In order to assist the Office in

14 the discharge of its function under this section, the

15 Secretary of Defense and the Secretary of Veterans Af16 fairs may, acting jointly, carry out one or more pilot

17 projects to assess the feasability and advisability of

18 various technological approaches to the achievement of

19 the joint electronic health record described in sub20 section (d).

21 (2) TREATMENT AS SINGLE HEALTH CARE SYS22 TEM.—For purposes of each pilot project carried out

23 under this subsection, the health care system of the

24 Department of Defense and the health care system of

25 the Department of Veterans Affairs shall be treated as
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1 a single health care system for purposes of the regula2 tions promulgated under section 264(c) of the Health

3 Insurance Portability and Accountability Act of 1996

4 (42 U.S.C. 1320d–2 note).

5 (g) STAFF AND OTHER RESOURCES.—

6 (1) IN GENERAL.—The Secretary of Defense and

7 the Secretary of Veterans Affairs shall assign to the

8 Office such personnel and other resources of the De9 partment of Defense and the Department of Veterans

10 Affairs as are required for the discharge of its func11 tion under this section.

12 (2) ADDITIONAL SERVICES.—Subject to the ap13 proval of the Secretary of Defense and the Secretary

14 of Veterans Affairs, the Director may utilize the serv15 ices of private individuals and entities as consultants

16 to the Office in the discharge of its function under

17 this section. Amounts available to the Office shall be

18 available for payment for such services.

19 (h) ANNUAL REPORTS.—

20 (1) IN GENERAL.—Not later than January 1,

21 2009, and each year thereafter through 2014, the Di22 rector shall submit to the Secretary of Defense and the

23 Secretary of Veterans Affairs, and to the appropriate

24 committees of Congress, a report on the activities of

25 the Office during the preceding calendar year. Each
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1 report shall include, for the year covered by such re2 port, the following:

3 (A) A detailed description of the activities

4 of the Office, including a detailed description of

5 the amounts expended and the purposes for

6 which expended.

7 (B) An assessment of the progress made by

8 the Department of Defense and the Department

9 of Veterans Affairs in the development and im10 plementation of the joint electronic health record

11 described in subsection (d).

12 (2) AVAILABILITY TO PUBLIC.—The Secretary of

13 Defense and the Secretary of Veterans Affairs shall

14 make available to the public each report submitted

15 under paragraph (1), including by posting such re16 port on the Internet website of the Department of De17 fense and the Department of Veterans Affairs, respec18 tively, that is available to the public.

19 (i) COMPTROLLER GENERAL ASSESSMENT OF IMPLE20 MENTATION.—Not later than six months after the date of

21 the enactment of this Act and every six months thereafter

22 until the completion of the implementation of the joint elec23 tronic health record described in subsection (d), the Comp24 troller General of the United States shall submit to the ap25 propriate committees of Congress a report setting forth the
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1 assessment of the Comptroller General of the progress of the

2 Department of Defense and the Department of Veterans Af3 fairs in developing and implementing the joint electronic

4 health record.

5 (j) FUNDING.—

6 (1) IN GENERAL.—The Secretary of Defense and

7 the Secretary of Veterans Affairs shall each contribute

8 equally to the costs of the Office in fiscal year 2008

9 and fiscal years thereafter. The amount so contributed

10 by each Secretary in fiscal year 2008 shall be up to

11 $10,000,000.

12 (2) SOURCE OF FUNDS.—(A) Amounts contrib13 uted by the Secretary of Defense under paragraph (1)

14 shall be derived from amounts authorized to be appro15 priated for the Department of Defense for the Defense

16 Health Program and available for program manage17 ment and technology resources.

18 (B) Amounts contributed by the Secretary of Vet19 erans Affairs under paragraph (1) shall be derived

20 from amounts authorized to be appropriated for the

21 Department of Veterans Affairs for Medical Care and

22 available for program management and technology re23 sources.

24 (k) JOINT ELECTRONIC HEALTH RECORD DEFINED.—

25 In this section, the term ‘‘joint electronic health record’’
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1 means a single system that includes patient information

2 across the continuum of medical care, including inpatient

3 care, outpatient care, pharmacy care, patient safety, and

4 rehabilitative care.

5 SEC. 1642. ENHANCED PERSONNEL AUTHORITIES FOR THE

6 DEPARTMENT OF DEFENSE FOR HEALTH

7 CARE PROFESSIONALS FOR CARE AND TREAT8 MENT OF WOUNDED AND INJURED MEMBERS

9 OF THE ARMED FORCES.

10 (a) IN GENERAL.—Section 1599c of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘§ 1599c. Health care professionals: enhanced ap13 pointment and compensation authority

14 for personnel for care and treatment of

15 wounded and injured members of the

16 armed forces

17 ‘‘(a) IN GENERAL.—The Secretary of Defense may, in

18 the discretion of the Secretary, exercise any authority for

19 the appointment and pay of health care personnel under

20 chapter 74 of title 38 for purposes of the recruitment, em21 ployment, and retention of civilian health care professionals

22 for the Department of Defense if the Secretary determines

23 that the exercise of such authority is necessary in order to

24 provide or enhance the capacity of the Department to pro25 vide care and treatment for members of the armed forces
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1 who are wounded or injured on active duty in the armed

2 forces and to support the ongoing patient care and medical

3 readiness, education, and training requirements of the De4 partment of Defense.

5 ‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secre6 taries of the military departments shall each develop and

7 implement a strategy to disseminate among appropriate

8 personnel of the military departments authorities and best

9 practices for the recruitment of medical and health profes10 sionals, including the authorities under subsection (a).

11 ‘‘(2) Each strategy under paragraph (1) shall—

12 ‘‘(A) assess current recruitment policies, proce13 dures, and practices of the military department con14 cerned to assure that such strategy facilitates the im15 plementation of efficiencies which reduce the time re16 quired to fill vacant positions for medical and health

17 professionals; and

18 ‘‘(B) clearly identify processes and actions that

19 will be used to inform and educate military and civil20 ian personnel responsible for the recruitment of med21 ical and health professionals.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of chapter 81 of such title is amended by

24 striking the item relating to section 1599c and inserting

25 the following new item:
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‘‘1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.’’.

1 (c) REPORTS ON STRATEGIES ON RECRUITMENT OF

2 MEDICAL AND HEALTH PROFESSIONALS.—Not later than

3 six months after the date of the enactment of this Act, each

4 Secretary of a military department shall submit to the con5 gressional defense committees a report setting forth the

6 strategy developed by such Secretary under section 1599c(b)

7 of title 10, United States Code, as added by subsection (a).

8 SEC. 1643. PERSONNEL SHORTAGES IN THE MENTAL

9 HEALTH WORKFORCE OF THE DEPARTMENT

10 OF DEFENSE, INCLUDING PERSONNEL IN THE

11 MENTAL HEALTH WORKFORCE.

12 (a) RECOMMENDATIONS ON MEANS OF ADDRESSING

13 SHORTAGES.—

14 (1) REPORT.—Not later than 45 days after the

15 date of the enactment of this Act, the Secretary of De16 fense shall submit to the Committees on Armed Serv17 ices of the Senate and the House of Representatives a

18 report setting forth the recommendations of the Sec19 retary for such legislative or administrative actions

20 as the Secretary considers appropriate to address

21 shortages in health care professionals within the De22 partment of Defense, including personnel in the men23 tal health workforce.
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1 (2) ELEMENTS.—The report required by para2 graph (1) shall address the following:

3 (A) Enhancements or improvements of fi4 nancial incentives for health care professionals,

5 including personnel in the mental health work6 force, of the Department of Defense in order to

7 enhance the recruitment and retention of such

8 personnel, including recruitment, accession, or

9 retention bonuses and scholarship, tuition, and

10 other financial assistance.

11 (B) Modifications of service obligations of

12 health care professionals, including personnel in

13 the mental health workforce.

14 (C) Such other matters as the Secretary

15 considers appropriate.

16 (b) RECRUITMENT.—Commencing not later than 180

17 days after the date of the enactment of this Act, the Sec18 retary of Defense shall implement programs to recruit

19 qualified individuals in health care fields (including mental

20 health) to serve in the Armed Forces as health care and

21 mental health personnel of the Armed Forces.
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1 Subtitle C—Disability Matters

2 PART I—DISABILITY EVALUATIONS

3 SEC. 1651. UTILIZATION OF VETERANS’ PRESUMPTION OF

4 SOUND CONDITION IN ESTABLISHING ELIGI5 BILITY OF MEMBERS OF THE ARMED FORCES

6 FOR RETIREMENT FOR DISABILITY.

7 (a) RETIREMENT OF REGULARS AND MEMBERS ON

8 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Clause (i) of

9 section 1201(b)(3)(B) of title 10, United States Code, is

10 amended to read as follows:

11 ‘‘(i) the member has six months or

12 more of active military service and the dis13 ability was not noted at the time of the

14 member’s entrance on active duty (unless

15 compelling evidence or medical judgment is

16 such to warrant a finding that the dis17 ability existed before the member’s entrance

18 on active duty);’’.

19 (b) SEPARATION OF REGULARS AND MEMBERS ON AC20 TIVE DUTY FOR MORE THAN 30 DAYS.—Section

21 1203(b)(4)(B) of such title is amended by striking ‘‘and the

22 member has at least eight years of service computed under

23 section 1208 of this title’’ and inserting ‘‘, the member has

24 six months or more of active military service, and the dis25 ability was not noted at the time of the member’s entrance
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1 on active duty (unless evidence or medical judgment is such

2 to warrant a finding that the disability existed before the

3 member’s entrance on active duty)’’.

4 SEC. 1652. REQUIREMENTS AND LIMITATIONS ON DEPART5 MENT OF DEFENSE DETERMINATIONS OF DIS6 ABILITY WITH RESPECT TO MEMBERS OF THE

7 ARMED FORCES.

8 (a) IN GENERAL.—Chapter 61 of title 10, United

9 States Code, is amended by inserting after section 1216 the

10 following new section:

11 ‘‘§ 1216a. Determinations of disability: requirements

12 and limitations on determinations

13 ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING DIS14 ABILITIES IN DETERMINATIONS OF DISABILITY.—(1) In

15 making a determination of disability of a member of the

16 armed forces for purposes of this chapter, the Secretary

17 concerned—

18 ‘‘(A) shall, to the extent feasible, utilize the

19 schedule for rating disabilities in use by the Depart20 ment of Veterans Affairs, including any applicable

21 interpretation of the schedule by the United States

22 Court of Appeals for Veterans Claims; and

23 ‘‘(B) except as provided in paragraph (2), may

24 not deviate from the schedule or any such interpreta25 tion of the schedule.
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1 ‘‘(2) In making a determination described in para2 graph (1), the Secretary concerned may utilize in lieu of

3 the schedule described in that paragraph such criteria as

4 the Secretary of Defense and the Secretary of Veterans Af5 fairs may jointly prescribe for purposes of this subsection

6 if the utilization of such criteria will result in a determina7 tion of a greater percentage of disability than would be oth8 erwise determined through the utilization of the schedule.

9 ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI10 TIONS.—In making a determination of the rating of dis11 ability of a member of the armed forces for purposes of this

12 chapter, the Secretary concerned shall take into account all

13 medical conditions, whether individually or collectively,

14 that render the member unfit to perform the duties of the

15 member’s office, grade, rank, or rating.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 61 of such title is amended by in18 serting after the item relating to section 1216 the following

19 new item:

‘‘1216a. Determinations of disability: requirements and limitations on determinations.’’.

20 SEC. 1653. REVIEW OF SEPARATION OF MEMBERS OF THE

21 ARMED FORCES SEPARATED FROM SERVICE

22 WITH A DISABILITY RATING OF 20 PERCENT

23 DISABLED OR LESS.

24 (a) BOARD REQUIRED.—
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1 (1) IN GENERAL.—Chapter 79 of title 10, United

2 States Code, is amended by inserting after section

3 1554 adding the following new section:

4 ‘‘§ 1554a. Review of separation with disability rating

5 of 20 percent disabled or less

6 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall

7 establish within the Office of the Secretary of Defense a

8 board of review to review the disability determinations of

9 covered individuals by Physical Evaluation Boards. The

10 board shall be known as the ‘Physical Disability Board of

11 Review’.

12 ‘‘(2) The Board shall consist of not less than three

13 members appointed by the Secretary.

14 ‘‘(b) COVERED INDIVIDUALS.—For purposes of this

15 section, covered individuals are members and former mem16 bers of the armed forces who, during the period beginning

17 on September 11, 2001, and ending on December 31,

18 2009—

19 ‘‘(1) are separated from the armed forces due to

20 unfitness for duty due to a medical condition with a

21 disability rating of 20 percent disabled or less; and

22 ‘‘(2) are found to be not eligible for retirement.

23 ‘‘(c) REVIEW.—(1) Upon its own motion, or upon the

24 request of a covered individual, or a surviving spouse, next

25 of kin, or legal representative of a covered individual, the
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1 Board shall review the findings and decisions of the Phys2 ical Evaluation Board with respect to such covered indi3 vidual.

4 ‘‘(2) The review by the Board under paragraph (1)

5 shall be based on the records of the armed force concerned

6 and such other evidence as may be presented to the Board.

7 A witness may present evidence to the Board by affidavit

8 or by any other means considered acceptable by the Sec9 retary of Defense.

10 ‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Board

11 may, as a result of its findings under a review under sub12 section (c), recommend to the Secretary concerned the fol13 lowing (as applicable) with respect to a covered individual:

14 ‘‘(1) No recharacterization of the separation of

15 such individual or modification of the disability rat16 ing previously assigned such individual.

17 ‘‘(2) The recharacterization of the separation of

18 such individual to retirement for disability.

19 ‘‘(3) The modification of the disability rating

20 previously assigned such individual by the Physical

21 Evaluation Board concerned, which modified dis22 ability rating may not be a reduction of the disability

23 rating previously assigned such individual by that

24 Physical Evaluation Board.
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1 ‘‘(4) The issuance of a new disability rating for

2 such individual.

3 ‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The

4 Secretary concerned may correct the military records of a

5 covered individual in accordance with a recommendation

6 made by the Board under subsection (d). Any such correc7 tion may be made effective as of the effective date of the

8 action taken on the report of the Physical Evaluation Board

9 to which such recommendation relates.

10 ‘‘(2) In the case of a member previously separated pur11 suant to the findings and decision of a Physical Evaluation

12 Board together with a lump-sum or other payment of back

13 pay and allowances at separation, the amount of pay or

14 other monetary benefits to which such member would be en15 titled based on the member’s military record as corrected

16 shall be reduced to take into account receipt of such lump17 sum or other payment in such manner as the Secretary of

18 Defense considers appropriate.

19 ‘‘(3) If the Board makes a recommendation not to cor20 rect the military records of a covered individual, the action

21 taken on the report of the Physical Evaluation Board to

22 which such recommendation relates shall be treated as final

23 as of the date of such action.
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1 ‘‘(f) REGULATIONS.—(1) This section shall be carried

2 out in accordance with regulations prescribed by the Sec3 retary of Defense.

4 ‘‘(2) The regulations under paragraph (1) shall specify

5 reasonable deadlines for the performance of reviews required

6 by this section.

7 ‘‘(3) The regulations under paragraph (1) shall specify

8 the effect of a determination or pending determination of

9 a Physical Evaluation Board on considerations by boards

10 for correction of military records under section 1552 of this

11 title.’’.

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 79 of such title is

14 amended by inserting after the item relating to sec15 tion 1554 the following new item:

‘‘1554a. Review of separation with disability rating of 20 percent disabled or

less.’’.

16 (b) IMPLEMENTATION.—The Secretary of Defense shall

17 establish the board of review required by section 1554a of

18 title 10, United States Code (as added by subsection (a)),

19 and prescribe the regulations required by such section, not

20 later than 90 days after the date of the enactment of this

21 Act.
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1 SEC. 1654. PILOT PROGRAMS ON REVISED AND IMPROVED

2 DISABILITY EVALUATION SYSTEM FOR MEM3 BERS OF THE ARMED FORCES.

4 (a) PILOT PROGRAMS.—

5 (1) IN GENERAL.—The Secretary of Defense

6 shall, in consultation with the Secretary of Veterans

7 Affairs, carry out pilot programs with respect to the

8 disability evaluation system of the Department of De9 fense for the purpose set forth in subsection (d).

10 (2) REQUIRED PILOT PROGRAMS.—In carrying

11 out this section, the Secretary of Defense shall carry

12 out the pilot programs described in paragraphs (1)

13 through (3) of subsection (c). Each such pilot program

14 shall be implemented not later than 90 days after the

15 date of the enactment of this Act.

16 (3) AUTHORIZED PILOT PROGRAMS.—In car17 rying out this section, the Secretary of Defense may

18 carry out such other pilot programs as the Secretary

19 of Defense, in consultation with the Secretary of Vet20 erans Affairs, considers appropriate.

21 (b) DISABILITY EVALUATION SYSTEM OF THE DE22 PARTMENT OF DEFENSE.—For purposes of this section, the

23 disability evaluation system of the Department of Defense

24 is the system of the Department for the evaluation of the

25 disabilities of members of the Armed Forces who are being
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1 separated or retired from the Armed Forces for disability

2 under chapter 61 of title 10, United States Code.

3 (c) SCOPE OF PILOT PROGRAMS.—

4 (1) DISABILITY DETERMINATIONS BY DOD UTI5 LIZING VA ASSIGNED DISABILITY RATING.—Under one

6 of the pilot programs under subsection (a), for pur7 poses of making a determination of disability of a

8 member of the Armed Forces under section 1201(b) of

9 title 10, United States Code, for the retirement, sepa10 ration, or placement of the member on the temporary

11 disability retired list under chapter 61 of such title,

12 upon a determination by the Secretary of the mili13 tary department concerned that the member is unfit

14 to perform the duties of the member’s office, grade,

15 rank, or rating because of a physical disability as de16 scribed in section 1201(a) of such title—

17 (A) the Secretary of Veterans Affairs

18 shall—

19 (i) conduct an evaluation of the mem20 ber for physical disability; and

21 (ii) assign the member a rating of dis22 ability in accordance with the schedule for

23 rating disabilities utilized by the Secretary

24 of Veterans Affairs based on all medical

25 conditions (whether individually or collec-
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1 tively) that render the member unfit for

2 duty; and

3 (B) the Secretary of the military depart4 ment concerned shall make the determination of

5 disability regarding the member utilizing the

6 rating of disability assigned under subparagraph

7 (A)(ii).

8 (2) DISABILITY DETERMINATIONS UTILIZING

9 JOINT DOD/VA ASSIGNED DISABILITY RATING.—Under

10 one of the pilot programs under subsection (a), in

11 making a determination of disability of a member of

12 the Armed Forces under section 1201(b) of title 10,

13 United States Code, for the retirement, separation, or

14 placement of the member on the temporary disability

15 retired list under chapter 61 of such title, the Sec16 retary of the military department concerned shall,

17 upon determining that the member is unfit to perform

18 the duties of the member’s office, grade, rank, or rat19 ing because of a physical disability as described in

20 section 1201(a) of such title—

21 (A) provide for the joint evaluation of the

22 member for disability by the Secretary of the

23 military department concerned and the Sec24 retary of Veterans Affairs, including the assign25 ment of a rating of disability for the member in
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1 accordance with the schedule for rating disabil2 ities utilized by the Secretary of Veterans Affairs

3 based on all medical conditions (whether indi4 vidually or collectively) that render the member

5 unfit for duty; and

6 (B) make the determination of disability re7 garding the member utilizing the rating of dis8 ability assigned under subparagraph (A).

9 (3) ELECTRONIC CLEARING HOUSE.—Under one

10 of the pilot programs, the Secretary of Defense shall

11 establish and operate a single Internet website for the

12 disability evaluation system of the Department of De13 fense that enables participating members of the

14 Armed Forces to fully utilize such system through the

15 Internet, with such Internet website to include the fol16 lowing:

17 (A) The availability of any forms required

18 for the utilization of the disability evaluation

19 system by members of the Armed Forces under

20 the system.

21 (B) Secure mechanisms for the submission

22 of such forms by members of the Armed Forces

23 under the system, and for the tracking of the ac24 ceptance and review of any forms so submitted.
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1 (C) Secure mechanisms for advising mem2 bers of the Armed Forces under the system of any

3 additional information, forms, or other items

4 that are required for the acceptance and review

5 of any forms so submitted.

6 (D) The continuous availability of assist7 ance to members of the Armed Forces under the

8 system (including assistance through the case9 workers assigned to such members of the Armed

10 Forces) in submitting and tracking such forms,

11 including assistance in obtaining information,

12 forms, or other items described by subparagraph

13 (C).

14 (E) Secure mechanisms to request and re15 ceive personnel files or other personnel records of

16 members of the Armed Forces under the system

17 that are required for submission under the dis18 ability evaluation system, including the capa19 bility to track requests for such files or records

20 and to determine the status of such requests and

21 of responses to such requests.

22 (4) OTHER PILOT PROGRAMS.—Under any pilot

23 program carried out by the Secretary of Defense

24 under subsection (a)(3), the Secretary shall provide

25 for the development, evaluation, and identification of
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1 such practices and procedures under the disability

2 evaluation system of the Department of Defense as the

3 Secretary considers appropriate for purpose set forth

4 in subsection (d).

5 (d) PURPOSE.—The purpose of each pilot program

6 under subsection (a) shall be—

7 (1) to provide for the development, evaluation,

8 and identification of revised and improved practices

9 and procedures under the disability evaluation system

10 of the Department of Defense in order to—

11 (A) reduce the processing time under the

12 disability evaluation system of members of the

13 Armed Forces who are likely to be retired or sep14 arated for disability, and who have not requested

15 continuation on active duty, including, in par16 ticular, members who are severely wounded;

17 (B) identify and implement or seek the

18 modification of statutory or administrative poli19 cies and requirements applicable to the disability

20 evaluation system that—

21 (i) are unnecessary or contrary to ap22 plicable best practices of civilian employers

23 and civilian healthcare systems; or

24 (ii) otherwise result in hardship, arbi25 trary, or inconsistent outcomes for members
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1 of the Armed Forces, or unwarranted ineffi2 ciencies and delays;

3 (C) eliminate material variations in poli4 cies, interpretations, and overall performance

5 standards among the military departments

6 under the disability evaluation system; and

7 (D) determine whether it enhances the capa8 bility of the Department of Veterans Affairs to

9 receive and determine claims from members of

10 the Armed Forces for compensation, pension,

11 hospitalization, or other veterans benefits; and

12 (2) in conjunction with the findings and rec13 ommendations of applicable Presidential and Depart14 ment of Defense study groups, to provide for the even15 tual development of revised and improved practices

16 and procedures for the disability evaluation system in

17 order to achieve the objectives set forth in paragraph

18 (1).

19 (e) UTILIZATION OF RESULTS IN UPDATES OF COM20 PREHENSIVE POLICY ON CARE, MANAGEMENT, AND TRANSI21 TION OF COVERED SERVICEMEMBERS.—The Secretary of

22 Defense and the Secretary of Veterans Affairs shall jointly

23 incorporate responses to any findings and recommendations

24 arising under the pilot programs required by subsection (a)
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1 in updating the comprehensive policy on the care and man2 agement of covered servicemembers under section 1611.

3 (f) CONSTRUCTION WITH OTHER AUTHORITIES.—

4 (1) IN GENERAL.—Subject to paragraph (2), in

5 carrying out a pilot program under subsection (a)—

6 (A) the rules and regulations of the Depart7 ment of Defense and the Department of Veterans

8 Affairs relating to methods of determining fitness

9 or unfitness for duty and disability ratings for

10 members of the Armed Forces shall apply to the

11 pilot program only to the extent provided in the

12 report on the pilot program under subsection

13 (h)(1); and

14 (B) the Secretary of Defense and the Sec15 retary of Veterans Affairs may waive any provi16 sion of title 10, 37, or 38, United States Code,

17 relating to methods of determining fitness or

18 unfitness for duty and disability ratings for

19 members of the Armed Forces if the Secretaries

20 determine in writing that the application of such

21 provision would be inconsistent with the purpose

22 of the pilot program.

23 (2) LIMITATION.—Nothing in paragraph (1)

24 shall be construed to authorize the waiver of any pro-
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1 vision of section 1216a of title 10, United States

2 Code, as added by section 1652 of this Act.

3 (g) DURATION.—Each pilot program under subsection

4 (a) shall be completed not later than one year after the date

5 of the commencement of such pilot program under that sub6 section.

7 (h) REPORTS.—

8 (1) INITIAL REPORT.—Not later than 90 days

9 after the date of the enactment of this Act, the Sec10 retary of Defense shall submit to the appropriate com11 mittees of Congress a report on the pilot programs

12 under subsection (a). The report shall include—

13 (A) a description of the scope and objectives

14 of each pilot program;

15 (B) a description of the methodology to be

16 used under such pilot program to ensure rapid

17 identification under such pilot program of re18 vised or improved practices under the disability

19 evaluation system of the Department of Defense

20 in order to achieve the objectives set forth in sub21 section (d)(1); and

22 (C) a statement of any provision described

23 in subsection (f)(1)(B) that shall not apply to

24 the pilot program by reason of a waiver under

25 that subsection.
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1 (2) INTERIM REPORT.—Not later than 150 days

2 after the date of the submittal of the report required

3 by paragraph (1), the Secretary shall submit to the

4 appropriate committees of Congress a report describ5 ing the current status of such pilot program.

6 (3) FINAL REPORT.—Not later than 90 days

7 after the completion of all the pilot programs de8 scribed in paragraphs (1) through (3) of subsection

9 (c), the Secretary shall submit to the appropriate

10 committees of Congress a report setting forth a final

11 evaluation and assessment of such pilot programs.

12 The report shall include such recommendations for

13 legislative or administrative action as the Secretary

14 considers appropriate in light of such pilot programs.

15 SEC. 1655. REPORTS ON ARMY ACTION PLAN IN RESPONSE

16 TO DEFICIENCIES IN THE ARMY PHYSICAL

17 DISABILITY EVALUATION SYSTEM.

18 (a) REPORTS REQUIRED.—Not later than 30 days

19 after the date of the enactment of this Act, and every 120

20 days thereafter until March 1, 2009, the Secretary of De21 fense shall submit to the congressional defense committees

22 a report on the implementation of corrective measures by

23 the Department of Defense with respect to the Physical Dis24 ability Evaluation System (PDES) in response to the fol25 lowing:
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1 (1) The report of the Inspector General of the

2 Army on that system of March 6, 2007.

3 (2) The report of the Independent Review Group

4 on Rehabilitation Care and Administrative Processes

5 at Walter Reed Army Medical Center and National

6 Naval Medical Center.

7 (3) The report of the Department of Veterans Af8 fairs Task Force on Returning Global War on Terror

9 Heroes.

10 (b) ELEMENTS OF REPORT.—Each report under sub11 section (a) shall include current information on the fol12 lowing:

13 (1) The total number of cases, and the number

14 of cases involving combat disabled servicemembers,

15 pending resolution before the Medical and Physical

16 Disability Evaluation Boards of the Army, including

17 information on the number of members of the Army

18 who have been in a medical hold or holdover status

19 for more than each of 100, 200, and 300 days.

20 (2) The status of the implementation of modi21 fications to disability evaluation processes of the De22 partment of Defense in response to the following:

23 (A) The report of the Inspector General on

24 such processes dated March 6, 2007.
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1 (B) The report of the Independent Review

2 Group on Rehabilitation Care and Administra3 tive Processes at Walter Reed Army Medical

4 Center and National Naval Medical Center.

5 (C) The report of the Department of Vet6 erans Affairs Task Force on Returning Global

7 War on Terror Heroes.

8 (c) POSTING ON INTERNET.—Not later than 24 hours

9 after submitting a report under subsection (a), the Sec10 retary shall post such report on the Internet website of the

11 Department of Defense that is available to the public.

12 PART II—OTHER DISABILITY MATTERS

13 SEC. 1661. ENHANCEMENT OF DISABILITY SEVERANCE PAY

14 FOR MEMBERS OF THE ARMED FORCES.

15 (a) IN GENERAL.—Section 1212 of title 10, United

16 States Code, is amended—

17 (1) in subsection (a)(1), by striking ‘‘his years of

18 service, but not more than 12, computed under section

19 1208 of this title’’ in the matter preceding subpara20 graph (A) and inserting ‘‘the member’s years of serv21 ice computed under section 1208 of this title (subject

22 to the minimum and maximum years of service pro23 vided for in subsection (c))’’;

24 (2) by redesignating subsection (c) as subsection

25 (d); and
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1 (3) by inserting after subsection (b) the following

2 new subsection (c):

3 ‘‘(c)(1) The minimum years of service of a member for

4 purposes of subsection (a)(1) shall be as follows:

5 ‘‘(A) Six years in the case of a member separated

6 from the armed forces for a disability incurred in line

7 of duty in a combat zone (as designated by the Sec8 retary of Defense for purposes of this subsection) or

9 incurred during the performance of duty in combat10 related operations as designated by the Secretary of

11 Defense.

12 ‘‘(B) Three years in the case of any other mem13 ber.

14 ‘‘(2) The maximum years of service of a member for

15 purposes of subsection (a)(1) shall be 19 years.’’.

16 (b) NO DEDUCTION FROM COMPENSATION OF SEVER17 ANCE PAY FOR DISABILITIES INCURRED IN COMBAT

18 ZONES.—Subsection (d) of such section, as redesignated by

19 subsection (a)(2) of this section, is further amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

21 (2) by striking the second sentence; and

22 (3) by adding at the end the following new para23 graphs:

24 ‘‘(2) No deduction may be made under paragraph (1)

25 in the case of disability severance pay received by a member
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1 for a disability incurred in line of duty in a combat zone

2 or incurred during performance of duty in combat-related

3 operations as designated by the Secretary of Defense.

4 ‘‘(3) No deduction may be made under paragraph (1)

5 from any death compensation to which a member’s depend6 ents become entitled after the member’s death.’’.

7 (c) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on the date of the enactment of this

9 Act, and shall apply with respect to members of the Armed

10 Forces separated from the Armed Forces under chapter 61

11 of title 10, United States Code, on or after that date.

12 SEC. 1662. ELECTRONIC TRANSFER FROM THE DEPART13 MENT OF DEFENSE TO THE DEPARTMENT OF

14 VETERANS AFFAIRS OF DOCUMENTS SUP15 PORTING ELIGIBILITY FOR BENEFITS.

16 The Secretary of Defense and the Secretary of Veterans

17 Affairs shall jointly develop and implement a mechanism

18 to provide for the electronic transfer from the Department

19 of Defense to the Department of Veterans Affairs of any De20 partment of Defense documents (including Department of

21 Defense form DD–214) necessary to establish or support the

22 eligibility of a member of the Armed Forces for benefits

23 under the laws administered by the Secretary of Veterans

24 Affairs at the time of the retirement, separation, or release

25 of the member from the Armed Forces.
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1 SEC. 1663. ASSESSMENTS OF TEMPORARY DISABILITY RE2 TIRED LIST.

3 Not later than 180 days after the date of the enactment

4 of this Act, the Secretary of Defense and the Comptroller

5 General of the United States shall each submit to the con6 gressional defense committees a report assessing the con7 tinuing utility of the temporary disability retired list in

8 satisfying the purposes for which the temporary disability

9 retired list was established. Each report shall include such

10 recommendations for the modification or improvement of

11 the temporary disability retired list as the Secretary or the

12 Comptroller General, as applicable, considers appropriate

13 in light of the assessment in such report.

14 Subtitle D—Improvement of

15 Facilities Housing Patients

16 SEC. 1671. STANDARDS FOR MILITARY MEDICAL TREAT17 MENT FACILITIES, SPECIALTY MEDICAL CARE

18 FACILITIES, AND MILITARY QUARTERS HOUS19 ING PATIENTS.

20 (a) ESTABLISHMENT OF STANDARDS.—The Secretary

21 of Defense shall establish for the military facilities referred

22 to in subsection (b) standards with respect to the matters

23 set forth in subsection (c). The standards shall, to the max24 imum extent practicable—

25 (1) be uniform and consistent across such facili26 ties; and
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1 (2) be uniform and consistent across the Depart2 ment of Defense and the military departments.

3 (b) COVERED MILITARY FACILITIES.—The military

4 facilities referred to in this subsection are the military fa5 cilities of the Department of Defense and the military de6 partments as follows:

7 (1) Military medical treatment facilities.

8 (2) Specialty medical care facilities.

9 (3) Military quarters or leased housing for pa10 tients.

11 (c) SCOPE OF STANDARDS.—The standards required

12 by subsection (a) shall include the following:

13 (1) Generally accepted standards for the accredi14 tation of medical facilities, or for facilities used to

15 quarter individuals that may require medical super16 vision, as applicable, in the United States.

17 (2) To the extent not inconsistent with the stand18 ards described in paragraph (1), minimally accept19 able conditions for the following:

20 (A) Appearance and maintenance of facili21 ties generally, including the structure and roofs

22 of facilities.

23 (B) Size, appearance, and maintenance of

24 rooms housing or utilized by patients, including

25 furniture and amenities in such rooms.
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1 (C) Operation and maintenance of primary

2 and back-up facility utility systems and other

3 systems required for patient care, including elec4 trical systems, plumbing systems, heating, ven5 tilation, and air conditioning systems, commu6 nications systems, fire protection systems, energy

7 management systems, and other systems required

8 for patient care.

9 (D) Compliance with Federal Government

10 standards for hospital facilities and operations.

11 (E) Compliance of facilities, rooms, and

12 grounds, to the maximum extent practicable,

13 with the Americans with Disabilities Act of 1990

14 (42 U.S.C. 12101 et seq.).

15 (F) Such other matters relating to the ap16 pearance, size, operation, and maintenance of fa17 cilities and rooms as the Secretary considers ap18 propriate.

19 (d) COMPLIANCE WITH STANDARDS.—

20 (1) DEADLINE.—In establishing standards under

21 subsection (a), the Secretary shall specify a deadline

22 for compliance with such standards by each facility

23 referred to in subsection (b). The deadline shall be at

24 the earliest date practicable after the date of the en25 actment of this Act, and shall, to the maximum extent
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1 practicable, be uniform across the facilities referred to

2 in subsection (b).

3 (2) INVESTMENT.—In carrying out this section,

4 the Secretary shall also establish guidelines for invest5 ment to be utilized by the Department of Defense and

6 the military departments in determining the alloca7 tion of financial resources to facilities referred to in

8 subsection (b) in order to meet the deadline specified

9 under paragraph (1).

10 (e) REPORT.—

11 (1) IN GENERAL.—Not later than December 30,

12 2007, the Secretary shall submit to the congressional

13 defense committees a report on the actions taken to

14 carry out this section.

15 (2) ELEMENTS.—The report under paragraph

16 (1) shall include the following:

17 (A) The standards established under sub18 section (a).

19 (B) An assessment of the appearance, condi20 tion, and maintenance of each facility referred to

21 in subsection (a), including—

22 (i) an assessment of the compliance of

23 such facility with the standards established

24 under subsection (a); and
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1 (ii) a description of any deficiency or

2 noncompliance in each facility with the

3 standards.

4 (C) A description of the investment to be al5 located to address each deficiency or noncompli6 ance identified under subparagraph (B)(ii).

7 SEC. 1672. REPORTS ON ARMY ACTION PLAN IN RESPONSE

8 TO DEFICIENCIES IDENTIFIED AT WALTER

9 REED ARMY MEDICAL CENTER.

10 (a) REPORTS REQUIRED.—Not later than 30 days

11 after the date of the enactment of this Act, and every 120

12 days thereafter until March 1, 2009, the Secretary of De13 fense shall submit to the congressional defense committees

14 a report on the implementation of the action plan of the

15 Army to correct deficiencies identified in the condition of

16 facilities, and in the administration of outpatients in med17 ical hold or medical holdover status, at Walter Reed Army

18 Medical Center (WRAMC) and at other applicable Army

19 installations at which covered members of the Armed Forces

20 are assigned.

21 (b) ELEMENTS OF REPORT.—Each report under sub22 section (a) shall include current information on the fol23 lowing:

24 (1) The number of inpatients at Walter Reed

25 Army Medical Center, and the number of outpatients
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1 on medical hold or in a medical holdover status at

2 Walter Reed Army Medical Center, as a result of seri3 ous injuries or illnesses.

4 (2) A description of the lodging facilities and

5 other forms of housing at Walter Reed Army Medical

6 Center, and at each other Army facility, to which are

7 assigned personnel in medical hold or medical hold8 over status as a result of serious injuries or illnesses,

9 including—

10 (A) an assessment of the conditions of such

11 facilities and housing; and

12 (B) a description of any plans to correct in13 adequacies in such conditions.

14 (3) The status, estimated completion date, and

15 estimated cost of any proposed or ongoing actions to

16 correct any inadequacies in conditions as described

17 under paragraph (2).

18 (4) The number of case managers, platoon ser19 geants, patient advocates, and physical evaluation

20 board liaison officers stationed at Walter Reed Army

21 Medical Center, and at each other Army facility, to

22 which are assigned personnel in medical hold or med23 ical holdover status as a result of serious injuries or

24 illnesses, and the ratio of case workers and platoon
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1 sergeants to outpatients for whom they are responsible

2 at each such facility.

3 (5) The number of telephone calls received during

4 the preceding 60 days on the Wounded Soldier and

5 Family hotline (as established on March 19, 2007), a

6 summary of the complaints or communications re7 ceived through such calls, and a description of the ac8 tions taken in response to such calls.

9 (6) A summary of the activities, findings, and

10 recommendations of the Army tiger team of medical

11 and installation professionals who visited the major

12 medical treatment facilities and community-based

13 health care organizations of the Army pursuant to

14 March 2007 orders, and a description of the status of

15 corrective actions being taken with to address defi16 ciencies noted by that team.

17 (7) The status of the ombudsman programs at

18 Walter Reed Army Medical Center and at other major

19 Army installations to which are assigned personnel in

20 medical hold or medical holdover status as a result of

21 serious injuries or illnesses.

22 (c) POSTING ON INTERNET.—Not later than 24 hours

23 after submitting a report under subsection (a), the Sec24 retary shall post such report on the Internet website of the

25 Department of Defense that is available to the public.
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1 SEC. 1673. CONSTRUCTION OF FACILITIES REQUIRED FOR

2 THE CLOSURE OF WALTER REED ARMY MED3 ICAL CENTER, DISTRICT OF COLUMBIA.

4 (a) ASSESSMENT OF ACCELERATION OF CONSTRUC5 TION OF FACILITIES.—The Secretary of Defense shall carry

6 out an assessment of the feasibility (including the cost-effec7 tiveness) of accelerating the construction and completion of

8 any new facilities required to facilitate the closure of Walter

9 Reed Army Medical Center, District of Columbia, as re10 quired as a result of the 2005 round of defense base closure

11 and realignment under the Defense Base Closure and Re12 alignment Act of 1990 (part A of title XXIX of Public Law

13 101–510; U.S.C. 2687 note).

14 (b) DEVELOPMENT AND IMPLEMENTATION OF PLAN

15 FOR CONSTRUCTION OF FACILITIES.—

16 (1) IN GENERAL.—The Secretary shall develop

17 and carry out a plan for the construction and com18 pletion of any new facilities required to facilitate the

19 closure of Walter Reed Army Medical Center as re20 quired as described in subsection (a). If the Secretary

21 determines as a result of the assessment under sub22 section (a) that accelerating the construction and

23 completion of such facilities is feasible, the plan shall

24 provide for the accelerated construction and comple25 tion of such facilities in a manner consistent with

26 that determination.
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1 (2) SUBMITTAL OF PLAN.—The Secretary shall

2 submit to the congressional defense committees the

3 plan required by paragraph (1) not later than Sep4 tember 30, 2007.

5 (c) CERTIFICATIONS.—Not later than September 30,

6 2007, the Secretary shall submit to the congressional defense

7 committees a certification of each of the following:

8 (1) That a transition plan has been developed,

9 and resources have been committed, to ensure that pa10 tient care services, medical operations, and facilities

11 are sustained at the highest possible level at Walter

12 Reed Army Medical Center until facilities to replace

13 Walter Reed Army Medical Center are staffed and

14 ready to assume at least the same level of care pre15 viously provided at Walter Reed Army Medical Cen16 ter.

17 (2) That the closure of Walter Reed Army Med18 ical Center will not result in a net loss of capacity

19 in the major military medical centers in the National

20 Capitol Region in terms of total bed capacity or

21 staffed bed capacity.

22 (3) That the capacity and types of medical hold

23 and out-patient lodging facilities currently operating

24 at Walter Reed Army Medical Center will be avail25 able at the facilities to replace Walter Reed Army
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1 Medical Center by the date of the closure of Walter

2 Reed Army Medical Center.

3 (4) That adequate funds have been provided to

4 complete fully all facilities identified in the Base Re5 alignment and Closure Business Plan for Walter Reed

6 Army Medical Center submitted to the congressional

7 defense committees as part of the budget justification

8 materials submitted to Congress together with the

9 budget of the President for fiscal year 2008 as con10 templated in that business plan.

11 (d) ENVIRONMENTAL LAWS.—Nothing in this section

12 shall require the Secretary or any designated representative

13 to waive or ignore responsibilities and actions required by

14 the National Environmental Policy Act of 1969 (42 U.S.C.

15 4321 et seq.) or the regulations implementing such Act.

16 Subtitle E—Outreach and Related

17 Information on Benefits

18 SEC. 1681. HANDBOOK FOR MEMBERS OF THE ARMED

19 FORCES ON COMPENSATION AND BENEFITS

20 AVAILABLE FOR SERIOUS INJURIES AND ILL21 NESSES.

22 (a) INFORMATION ON AVAILABLE COMPENSATION AND

23 BENEFITS.—The Secretary of Defense shall, in consultation

24 with the Secretary of Veterans Affairs, the Secretary of

25 Health and Human Services, and the Commissioner of So-
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1 cial Security, develop and maintain in handbook and elec2 tronic form a comprehensive description of the compensa3 tion and other benefits to which a member of the Armed

4 Forces, and the family of such member, would be entitled

5 upon the member’s separation or retirement from the Armed

6 Forces as a result of a serious injury or illness. The hand7 book shall set forth the range of such compensation and ben8 efits based on grade, length of service, degree of disability

9 at separation or retirement, and such other factors affecting

10 such compensation and benefits as the Secretary of Defense

11 considers appropriate.

12 (b) UPDATE.—The Secretary of Defense shall update

13 the comprehensive description required by subsection (a),

14 including the handbook and electronic form of the descrip15 tion, on a periodic basis, but not less often than annually.

16 (c) PROVISION TO MEMBERS.—The Secretary of the

17 military department concerned shall provide the descriptive

18 handbook under subsection (a) to each member of the Armed

19 Forces described in that subsection as soon as practicable

20 following the injury or illness qualifying the member for

21 coverage under that subsection.

22 (d) PROVISION TO REPRESENTATIVES.—If a member

23 is incapacitated or otherwise unable to receive the descrip24 tive handbook to be provided under subsection (a), the hand25 book shall be provided to the next of kin or a legal represent-
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1 ative of the member (as determined in accordance with reg2 ulations prescribed by the Secretary of the military depart3 ment concerned for purposes of this section).

4 Subtitle F—Other Matters

5 SEC. 1691. STUDY ON PHYSICAL AND MENTAL HEALTH AND

6 OTHER READJUSTMENT NEEDS OF MEMBERS

7 AND FORMER MEMBERS OF THE ARMED

8 FORCES WHO DEPLOYED IN OPERATION

9 IRAQI FREEDOM AND OPERATION ENDURING

10 FREEDOM AND THEIR FAMILIES.

11 (a) STUDY REQUIRED.—The Secretary of Defense

12 shall, in consultation with the Secretary of Veterans Affairs,

13 enter into an agreement with the National Academy of

14 Sciences for a study on the physical and mental health and

15 other readjustment needs of members and former members

16 of the Armed Forces who deployed in Operation Iraqi Free17 dom or Operation Enduring Freedom and their families as

18 a result of such deployment.

19 (b) PHASES.—The study required under subsection (a)

20 shall consist of two phases:

21 (1) A preliminary phase, to be completed not

22 later than 180 days after the date of the enactment

23 of this Act—

24 (A) to identify preliminary findings on the

25 physical and mental health and other readjust-
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1 ment needs described in subsection (a) and on

2 gaps in care for the members, former members,

3 and families described in that subsection; and

4 (B) to determine the parameters of the sec5 ond phase of the study under paragraph (2).

6 (2) A second phase, to be completed not later

7 than three years after the date of the enactment of this

8 Act, to carry out a comprehensive assessment, in ac9 cordance with the parameters identified under the

10 preliminary report required by paragraph (1), of the

11 physical and mental health and other readjustment

12 needs of members and former members of the Armed

13 Forces who deployed in Operation Iraqi Freedom or

14 Operation Enduring Freedom and their families as a

15 result of such deployment, including, at a

16 minimum—

17 (A) an assessment of the psychological, so18 cial, and economic impacts of such deployment

19 on such members and former members and their

20 families;

21 (B) an assessment of the particular impacts

22 of multiple deployments in Operation Iraqi

23 Freedom or Operation Enduring Freedom on

24 such members and former members and their

25 families;
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1 (C) an assessment of the full scope of the

2 neurological, psychiatric, and psychological ef3 fects of traumatic brain injury (TBI) on mem4 bers and former members of the Armed Forces,

5 including the effects of such effects on the family

6 members of such members and former members,

7 and an assessment of the efficacy of current

8 treatment approaches for traumatic brain injury

9 in the United States and the efficacy of

10 screenings and treatment approaches for trau11 matic brain injury within the Department of

12 Defense and the Department of Veterans Affairs;

13 (D) an assessment of the effects of

14 undiagnosed injuries such as post-traumatic

15 stress disorder (PTSD) and traumatic brain in16 jury, an estimate of the long-term costs associ17 ated with such injuries, and an assessment of the

18 efficacy of screenings and treatment approaches

19 for post-traumatic stress disorder and other men20 tal health conditions within the Department of

21 Defense and Department of Veterans Affairs;

22 (E) an assessment of the particular needs

23 and concerns of female members of the Armed

24 Forces and female veterans;
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1 (F) an assessment of the particular needs

2 and concerns of children of members of the

3 Armed Forces, taking into account differing age

4 groups, impacts on development and education,

5 and the mental and emotional well being of chil6 dren;

7 (G) an assessment of the particular needs

8 and concerns of minority members of the Armed

9 Forces and minority veterans;

10 (H) an assessment of the particular edu11 cational and vocational needs of such members

12 and former members and their families, and an

13 assessment of the efficacy of existing educational

14 and vocational programs to address such needs;

15 (I) an assessment of the impacts on commu16 nities with high populations of military families,

17 including military housing communities and

18 townships with deployed members of the Na19 tional Guard and Reserve, of deployments associ20 ated with Operation Iraqi Freedom and Oper21 ation Enduring Freedom, and an assessment of

22 the efficacy of programs that address community

23 outreach and education concerning military de24 ployments of community residents;
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1 (J) an assessment of the impacts of increas2 ing numbers of older and married members of

3 the Armed Forces on readjustment requirements;

4 (K) the development, based on such assess5 ments, of recommendations for programs, treat6 ments, or policy remedies targeted at preventing,

7 minimizing or addressing the impacts, gaps and

8 needs identified; and

9 (L) the development, based on such assess10 ments, of recommendations for additional re11 search on such needs.

12 (c) POPULATIONS TO BE STUDIED.—The study re13 quired under subsection (a) shall consider the readjustment

14 needs of each population of individuals as follows:

15 (1) Members of the regular components of the

16 Armed Forces who are returning, or have returned, to

17 the United States from deployment in Operation

18 Iraqi Freedom or Operation Enduring Freedom.

19 (2) Members of the National Guard and Reserve

20 who are returning, or have returned, to the United

21 States from deployment in Operation Iraqi Freedom

22 or Operation Enduring Freedom.

23 (3) Veterans of Operation Iraqi Freedom or Op24 eration Enduring Freedom.
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1 (4) Family members of the members and vet2 erans described in paragraphs (1) through (3).

3 (d) ACCESS TO INFORMATION.—The National Acad4 emy of Sciences shall have access to such personnel, infor5 mation, records, and systems of the Department of Defense

6 and the Department of Veterans Affairs as the National

7 Academy of Sciences requires in order to carry out the

8 study required under subsection (a).

9 (e) PRIVACY OF INFORMATION.—The National Acad10 emy of Sciences shall maintain any personally identifiable

11 information accessed by the Academy in carrying out the

12 study required under subsection (a) in accordance with all

13 applicable laws, protections, and best practices regarding

14 the privacy of such information, and may not permit access

15 to such information by any persons or entities not engaged

16 in work under the study.

17 (f) REPORTS BY NATIONAL ACADEMY OF SCIENCES.—

18 Upon the completion of each phase of the study required

19 under subsection (a), the National Academy of Sciences

20 shall submit to the Secretary of Defense and the Secretary

21 of Veterans Affairs a report on such phase of the study.

22 (g) DOD AND VA RESPONSE TO NAS REPORTS.—

23 (1) PRELIMINARY RESPONSE.—Not later than 45

24 days after the receipt of a report under subsection (f)

25 on each phase of the study required under subsection
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1 (a), the Secretary of Defense and the Secretary of Vet2 erans Affairs shall jointly develop a preliminary joint

3 Department of Defense-Department of Veterans Af4 fairs plan to address the findings and recommenda5 tions of the National Academy of Sciences contained

6 in such report. The preliminary plan shall provide

7 preliminary proposals on the matters set forth in

8 paragraph (3).

9 (2) FINAL RESPONSE.—Not later than 90 days

10 after the receipt of a report under subsection (f) on

11 each phase of the study required under subsection (a),

12 the Secretary of Defense and the Secretary of Veterans

13 Affairs shall jointly develop a final joint Department

14 of Defense-Department of Veterans Affairs plan to ad15 dress the findings and recommendations of the Na16 tional Academy of Sciences contained in such report.

17 The final plan shall provide final proposals on the

18 matters set forth in paragraph (3).

19 (3) COVERED MATTERS.—The matters set forth

20 in this paragraph with respect to a phase of the study

21 required under subsection (a) are as follows:

22 (A) Modifications of policy or practice

23 within the Department of Defense and the De24 partment of Veterans Affairs that are necessary

25 to address gaps in care or services as identified
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1 by the National Academy of Sciences under such

2 phase of the study.

3 (B) Modifications of policy or practice

4 within the Department of Defense and the De5 partment of Veterans Affairs that are necessary

6 to address recommendations made by the Na7 tional Academy of Sciences under such phase of

8 the study.

9 (C) An estimate of the costs of imple10 menting the modifications set forth under sub11 paragraphs (A) and (B), set forth by fiscal year

12 for at least the first five fiscal years beginning

13 after the date of the plan concerned.

14 (4) REPORTS ON RESPONSES.—The Secretary of

15 Defense and the Secretary of Veterans Affairs shall

16 jointly submit to Congress a report setting forth each

17 joint plan developed under paragraphs (1) and (2).

18 (5) PUBLIC AVAILABILITY OF RESPONSES.—The

19 Secretary of Defense and the Secretary of Veterans Af20 fairs shall each make available to the public each re21 port submitted to Congress under paragraph (4), in22 cluding by posting an electronic copy of such report

23 on the Internet website of the Department of Defense

24 or the Department of Veterans Affairs, as applicable,

25 that is available to the public.
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1 (6) GAO AUDIT.—Not later than 45 days after

2 the submittal to Congress of the report under para3 graph (4) on the final joint Department of Defense4 Department of Veterans Affairs plan under para5 graph (2), the Comptroller General of the United

6 States shall submit to Congress a report assessing the

7 contents of such report under paragraph (4). The re8 port of the Comptroller General under this paragraph

9 shall include—

10 (A) an assessment of the adequacy and suf11 ficiency of the final joint Department of Defense12 Department of Veterans Affairs plan in address13 ing the findings and recommendations of the Na14 tional Academy of Sciences as a result of the

15 study required under subsection (a);

16 (B) an assessment of the feasibility and ad17 visability of the modifications of policy and

18 practice proposed in the final joint Department

19 of Defense-Department of Veterans Affairs plan;

20 (C) an assessment of the sufficiency and ac21 curacy of the cost estimates in the final joint De22 partment of Defense-Department of Veterans Af23 fairs plan; and

24 (D) the comments, if any, of the National

25 Academy of Sciences on the final joint Depart-
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1 ment of Defense-Department of Veterans Affairs

2 plan.

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

4 hereby authorized to be appropriated to the Department of

5 Defense such sums as may be necessary to carry out this

6 section.

7 TITLE XVII—VETERANS

8 MATTERS

9 SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VET10 ERANS AFFAIRS EFFORTS IN THE REHABILI11 TATION AND REINTEGRATION OF VETERANS

12 WITH TRAUMATIC BRAIN INJURY.

13 It is the sense of Congress that—

14 (1) the Department of Veterans Affairs is a lead15 er in the field of traumatic brain injury care and co16 ordination of such care;

17 (2) the Department of Veterans Affairs should

18 have the capacity and expertise to provide veterans

19 who have a traumatic brain injury with patient-cen20 tered health care, rehabilitation, and community inte21 gration services that are comparable to or exceed

22 similar care and services available to persons with

23 such injuries in the academic and private sector;

24 (3) rehabilitation for veterans who have a trau25 matic brain injury should be individualized, com-
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1 prehensive, and interdisciplinary with the goals of

2 optimizing the independence of such veterans and re3 integrating them into their communities;

4 (4) family support is integral to the rehabilita5 tion and community reintegration of veterans who

6 have sustained a traumatic brain injury, and the De7 partment should provide the families of such veterans

8 with education and support;

9 (5) the Department of Defense and Department

10 of Veterans Affairs have made efforts to provide a

11 smooth transition of medical care and rehabilitative

12 services to individuals as they transition from the

13 health care system of the Department of Defense to

14 that of the Department of Veterans Affairs, but more

15 can be done to assist veterans and their families in

16 the continuum of the rehabilitation, recovery, and re17 integration of wounded or injured veterans into their

18 communities;

19 (6) in planning for rehabilitation and commu20 nity reintegration of veterans who have a traumatic

21 brain injury, it is necessary for the Department of

22 Veterans Affairs to provide a system for life-long case

23 management for such veterans; and

24 (7) in such system for life-long case management,

25 it is necessary to conduct outreach and to tailor spe-
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1 cialized traumatic brain injury case management and

2 outreach for the unique needs of veterans with trau3 matic brain injury who reside in urban and non4 urban settings.

5 SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY

6 REINTEGRATION PLANS FOR VETERANS AND

7 OTHERS WITH TRAUMATIC BRAIN INJURY.

8 (a) IN GENERAL.—Subchapter II of chapter 17 of title

9 38, United States Code, is amended by inserting after sec10 tion 1710B the following new section:

11 ‘‘§ 1710C. Traumatic brain injury: plans for rehabili12 tation and reintegration into the commu13 nity

14 ‘‘(a) PLAN REQUIRED.—The Secretary shall, for each

15 veteran or member of the Armed Forces who receives inpa16 tient or outpatient rehabilitation care from the Department

17 for a traumatic brain injury—

18 ‘‘(1) develop an individualized plan for the reha19 bilitation and reintegration of such individual into

20 the community; and

21 ‘‘(2) provide such plan in writing to such indi22 vidual before such individual is discharged from in23 patient care, following transition from active duty to

24 the Department for outpatient care, or as soon as

25 practicable following diagnosis.
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1 ‘‘(b) CONTENTS OF PLAN.—Each plan developed under

2 subsection (a) shall include, for the individual covered by

3 such plan, the following:

4 ‘‘(1) Rehabilitation objectives for improving the

5 physical, cognitive, and vocational functioning of

6 such individual with the goal of maximizing the inde7 pendence and reintegration of such individual into

8 the community.

9 ‘‘(2) Access, as warranted, to all appropriate re10 habilitative components of the traumatic brain injury

11 continuum of care.

12 ‘‘(3) A description of specific rehabilitative treat13 ments and other services to achieve the objectives de14 scribed in paragraph (1), which description shall set

15 forth the type, frequency, duration, and location of

16 such treatments and services.

17 ‘‘(4) The name of the case manager designated in

18 accordance with subsection (d) to be responsible for

19 the implementation of such plan.

20 ‘‘(5) Dates on which the effectiveness of the plan

21 will be reviewed in accordance with subsection (f).

22 ‘‘(c) COMPREHENSIVE ASSESSMENT.—

23 ‘‘(1) IN GENERAL.—Each plan developed under

24 subsection (a) shall be based upon a comprehensive
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1 assessment, developed in accordance with paragraph

2 (2), of—

3 ‘‘(A) the physical, cognitive, vocational, and

4 neuropsychological and social impairments of

5 such individual; and

6 ‘‘(B) the family education and family sup7 port needs of such individual after discharge

8 from inpatient care.

9 ‘‘(2) FORMATION.—The comprehensive assess10 ment required under paragraph (1) with respect to an

11 individual is a comprehensive assessment of the mat12 ters set forth in that paragraph by a team, composed

13 by the Secretary for purposes of the assessment from

14 among, but not limited to, individuals with expertise

15 in traumatic brain injury, including the following:

16 ‘‘(A) A neurologist.

17 ‘‘(B) A rehabilitation physician.

18 ‘‘(C) A social worker.

19 ‘‘(D) A neuropsychologist.

20 ‘‘(E) A physical therapist.

21 ‘‘(F) A vocational rehabilitation specialist.

22 ‘‘(G) An occupational therapist.

23 ‘‘(H) A speech language pathologist.

24 ‘‘(I) A rehabilitation nurse.

25 ‘‘(J) An educational therapist.
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1 ‘‘(K) An audiologist.

2 ‘‘(L) A blind rehabilitation specialist.

3 ‘‘(M) A recreational therapist.

4 ‘‘(N) A low vision optometrist.

5 ‘‘(O) An orthotist or prostetist.

6 ‘‘(P) An assistive technologist or rehabilita7 tion engineer.

8 ‘‘(Q) An otolaryngology physician.

9 ‘‘(R) A dietician.

10 ‘‘(S) An opthamologist.

11 ‘‘(T) A psychiatrist.

12 ‘‘(d) CASE MANAGER.—(1) The Secretary shall des13 ignate a case manager for each individual described in sub14 section (a) to be responsible for the implementation of the

15 plan, and coordination of such care, required by such sub16 section for such individual.

17 ‘‘(2) The Secretary shall ensure that such case manager

18 has specific expertise in the care required by the individual

19 to whom such case manager is designated, regardless of

20 whether such case manager obtains such expertise through

21 experience, education, or training.

22 ‘‘(e) PARTICIPATION AND COLLABORATION IN DEVEL23 OPMENT OF PLANS.—(1) The Secretary shall involve each

24 individual described in subsection (a), and the family or

25 legal guardian of such individual, in the development of
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1 the plan for such individual under that subsection to the

2 maximum extent practicable.

3 ‘‘(2) The Secretary shall collaborate in the development

4 of a plan for an individual under subsection (a) with a

5 State protection and advocacy system if—

6 ‘‘(A) the individual covered by such plan re7 quests such collaboration; or

8 ‘‘(B) in the case such individual is incapaci9 tated, the family or guardian of such individual re10 quests such collaboration.

11 ‘‘(3) In the case of a plan required by subsection (a)

12 for a member of the Armed Forces who is on active duty,

13 the Secretary shall collaborate with the Secretary of Defense

14 in the development of such plan.

15 ‘‘(4) In developing vocational rehabilitation objectives

16 required under subsection (b)(1) and in conducting the as17 sessment required under subsection (c), the Secretary shall

18 act through the Under Secretary for Health in coordination

19 with the Vocational Rehabilitation and Employment Serv20 ice of the Department of Veterans Affairs.

21 ‘‘(f) EVALUATION.—

22 ‘‘(1) PERIODIC REVIEW BY SECRETARY.—The

23 Secretary shall periodically review the effectiveness of

24 each plan developed under subsection (a). The Sec-
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1 retary shall refine each such plan as the Secretary

2 considers appropriate in light of such review.

3 ‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In

4 addition to the periodic review required by paragraph

5 (1), the Secretary shall conduct a review of the plan

6 of a veteran under paragraph (1) at the request of

7 such veteran, or in the case that such veteran is inca8 pacitated, at the request of the guardian or the des9 ignee of such veteran.

10 ‘‘(g) STATE DESIGNATED PROTECTION AND ADVOCACY

11 SYSTEM DEFINED.—In this section, the term ‘State protec12 tion and advocacy system’ means a system established in

13 a State under subtitle C of the Developmental Disabilities

14 Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041

15 et seq.) to protect and advocate for the rights of persons

16 with development disabilities.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections at

18 the beginning of chapter 17 of such title is amended by in19 serting after the item relating to section 1710B the following

20 new item:

‘‘1710C. Traumatic brain injury: plans for rehabilitation and reintegration into

the community.’’.
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1 SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AF2 FAIRS FACILITIES FOR IMPLEMENTATION OF

3 REHABILITATION AND COMMUNITY RE4 INTEGRATION PLANS FOR TRAUMATIC BRAIN

5 INJURY.

6 (a) IN GENERAL.—Subchapter II of chapter 17 of title

7 38, United States Code, is amended by inserting after sec8 tion 1710C, as added by section 1602 of this Act, the fol9 lowing new section:

10 ‘‘§ 1710D. Traumatic brain injury: use of non-Depart11 ment facilities for rehabilitation

12 ‘‘(a) IN GENERAL.—Subject to section 1710(a)(4) of

13 this title and subsection (b) of this section, the Secretary

14 shall provide rehabilitative treatment or services to imple15 ment a plan developed under section 1710C of this title at

16 a non-Department facility with which the Secretary has en17 tered into an agreement for such purpose, to an

18 individual—

19 ‘‘(1) who is described in section 1710C(a) of this

20 title; and

21 ‘‘(2)(A) to whom the Secretary is unable to pro22 vide such treatment or services at the frequency or for

23 the duration prescribed in such plan; or

24 ‘‘(B) for whom the Secretary determines that it

25 is optimal with respect to the recovery and rehabilita26 tion of such individual .
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1 ‘‘(b) STANDARDS.—The Secretary may not provide

2 treatment or services as described in subsection (a) at a

3 non-Department facility under such subsection unless such

4 facility maintains standards for the provision of such treat5 ment or services established by an independent, peer-re6 viewed organization that accredits specialized rehabilita7 tion programs for adults with traumatic brain injury.

8 ‘‘(c) AUTHORITIES OF STATE PROTECTION AND ADVO9 CACY SYSTEMS.—With respect to the provision of rehabili10 tative treatment or services described in subsection (a) in

11 a non-Department facility, a State designated protection

12 and advocacy system established under subtitle C of the De13 velopmental Disabilities Assistance and Bill of Rights Act

14 of 2000 (42 U.S.C. 15041 et seq.) shall have the authorities

15 described under such subtitle.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 17 of such title is amended by in18 serting after the item relating to section 1710C, as added

19 by section 1602 of this Act, the following new item:

‘‘1710D. Traumatic brain injury: use of non-Department facilities for rehabilitation.’’.

20 (c) CONFORMING AMENDMENT.—Section 1710(a)(4) of

21 such title is amended by inserting ‘‘the requirement in sec22 tion 1710D of this title that the Secretary provide certain

23 rehabilitative treatment or services,’’ after ‘‘extended care

24 services,’’.
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1 SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE

2 PROGRAM ON SEVERE TRAUMATIC BRAIN IN3 JURY.

4 (a) PROGRAM REQUIRED.—Subchapter II of chapter

5 73 of title 38, United States Code, is amended by inserting

6 after section 7330 the following new section:

7 ‘‘§ 7330A. Severe traumatic brain injury research, edu8 cation, and clinical care program

9 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall estab10 lish a program on research, education, and clinical care

11 to provide intensive neuro-rehabilitation to veterans with

12 a severe traumatic brain injury, including veterans in a

13 minimally conscious state who would otherwise receive only

14 long-term residential care.

15 ‘‘(b) COLLABORATION REQUIRED.—The Secretary

16 shall establish the program required by subsection (a) in

17 collaboration with the Defense and Veterans Brain Injury

18 Center and other relevant programs of the Federal Govern19 ment (including other Centers of Excellence).

20 ‘‘(c) EDUCATION REQUIRED.—As part of the program

21 required by subsection (a), the Secretary shall, in collabora22 tion with the Defense and Veterans Brain Injury Center

23 and any other relevant programs of the Federal Government

24 (including other Centers of Excellence), conduct educational

25 programs on recognizing and diagnosing mild and mod26 erate cases of traumatic brain injury.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to the Secretary for each of

3 fiscal years 2008 through 2012, $10,000,000 to carry out

4 the program required by subsection (a).’’.

5 (b) CLERICAL AMENDMENT.—The table of sections at

6 the beginning of chapter 73 is amended by inserting after

7 the item relating to section 7330 the following new item:

‘‘7330A. Severe traumatic brain injury research, education, and clinical care program.’’.

8 (c) REPORT.—Not later than 18 months after the date

9 of the enactment of this Act, the Secretary of Veterans Af10 fairs shall submit to Congress a report on the research to

11 be conducted under the program required by section 7330A

12 of title 38, United States Code, as added by subsection (a).

13 SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES

14 FOR VETERANS WITH TRAUMATIC BRAIN IN15 JURY.

16 (a) PILOT PROGRAM.—Not later than 90 days after

17 the date of the enactment of this Act, the Secretary of Vet18 erans Affairs shall, in collaboration with the Defense and

19 Veterans Brain Injury Center, carry out a pilot program

20 to assess the effectiveness of providing assisted living serv21 ices to eligible veterans to enhance the rehabilitation, qual22 ity of life, and community integration of such veterans.
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1 (b) DURATION OF PROGRAM.—The pilot program shall

2 be carried out during the five-year period beginning on the

3 date of the commencement of the pilot program.

4 (c) PROGRAM LOCATIONS.—

5 (1) IN GENERAL.—The pilot program shall be

6 carried out at locations selected by the Secretary for

7 purposes of the pilot program. Of the locations so

8 selected—

9 (A) at least one shall be in each health care

10 region of the Veterans Health Administration

11 that contains a polytrauma center of the Depart12 ment of Veterans Affairs; and

13 (B) any other locations shall be in areas

14 that contain high concentrations of veterans with

15 traumatic brain injury, as determined by the

16 Secretary.

17 (2) SPECIAL CONSIDERATION FOR VETERANS IN

18 RURAL AREAS.—Special consideration shall be given

19 to provide veterans in rural areas with an oppor20 tunity to participate in the pilot program.

21 (d) PROVISION OF ASSISTED LIVING SERVICES.—

22 (1) AGREEMENTS.—In carrying out the pilot

23 program, the Secretary may enter into agreements for

24 the provision of assisted living services on behalf of el25 igible veterans with a provider participating under a
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1 State plan or waiver under title XIX of such Act (42

2 U.S.C. 1396 et seq.).

3 (2) STANDARDS.—The Secretary may not place,

4 transfer, or admit a veteran to any facility for as5 sisted living services under this program unless the

6 Secretary determines that the facility meets such

7 standards as the Secretary may prescribe for purposes

8 of the pilot program. Such standards shall, to the ex9 tent practicable, be consistent with the standards of

10 Federal, State, and local agencies charged with the re11 sponsibility of licensing or otherwise regulating or in12 specting such facilities.

13 (e) CONTINUATION OF CASE MANAGEMENT AND REHA14 BILITATION SERVICES.—In carrying the pilot program

15 under subsection (a), the Secretary shall continue to provide

16 each veteran who is receiving assisted living services under

17 the pilot program with rehabilitative services and shall des18 ignate Department health-care employees to furnish case

19 management services for veterans participating in the pilot

20 program.

21 (f) REPORT.—

22 (1) IN GENERAL.—Not later than 60 days after

23 the completion of the pilot program, the Secretary

24 shall submit to the congressional veterans affairs com25 mittees a report on the pilot program.
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1 (2) CONTENTS.—The report required by para2 graph (1) shall include the following:

3 (A) A description of the pilot program.

4 (B) An assessment of the utility of the ac5 tivities under the pilot program in enhancing

6 the rehabilitation, quality of life, and commu7 nity reintegration of veterans with traumatic

8 brain injury.

9 (C) Such recommendations as the Secretary

10 considers appropriate regarding the extension or

11 expansion of the pilot program.

12 (g) DEFINITIONS.—In this section:

13 (1) The term ‘‘assisted living services’’ means

14 services of a facility in providing room, board, and

15 personal care for and supervision of residents for

16 their health, safety, and welfare.

17 (2) The term ‘‘case management services’’ in18 cludes the coordination and facilitation of all services

19 furnished to a veteran by the Department of Veterans

20 Affairs, either directly or through contract, including

21 assessment of needs, planning, referral (including re22 ferral for services to be furnished by the Department,

23 either directly or through a contract, or by an entity

24 other than the Department), monitoring, reassess25 ment, and followup.
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1 (3) The term ‘‘congressional veterans affairs

2 committees’’ means—

3 (A) the Committee on Veterans’ Affairs of

4 the Senate; and

5 (B) the Committee on Veterans’ Affairs of

6 the House of Representatives.

7 (4) The term ‘‘eligible veteran’’ means a veteran

8 who—

9 (A) is enrolled in the Department of Vet10 erans Affairs health care system;

11 (B) has received treatment for traumatic

12 brain injury from the Department of Veterans

13 Affairs;

14 (C) is unable to manage routine activities

15 of daily living without supervision and assist16 ance; and

17 (D) could reasonably be expected to receive

18 ongoing services after the end of the pilot pro19 gram under this section under another govern20 ment program or through other means.

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to the Secretary of Veterans

23 Affairs to carry out this section, $8,000,000 for each of fis24 cal years 2008 through 2013.
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1 SEC. 1706. RESEARCH ON TRAUMATIC BRAIN INJURY.

2 (a) INCLUSION OF RESEARCH ON TRAUMATIC BRAIN

3 INJURY UNDER ONGOING RESEARCH PROGRAMS.—The

4 Secretary of Veterans Affairs shall, in carrying out research

5 programs and activities under the provisions of law referred

6 to in subsection (b), ensure that such programs and activi7 ties include research on the sequelae of mild to severe forms

8 of traumatic brain injury, including—

9 (1) research on visually-related neurological con10 ditions;

11 (2) research on seizure disorders;

12 (3) research on means of improving the diag13 nosis, rehabilitative treatment, and prevention of such

14 sequelae;

15 (4) research to determine the most effective cog16 nitive and physical therapies for the sequelae of trau17 matic brain injury; and

18 (5) research on dual diagnosis of post-traumatic

19 stress disorder and traumatic brain injury.

20 (b) RESEARCH AUTHORITIES.—The provisions of law

21 referred to in this subsection are the following:

22 (1) Section 3119 of title 38, United States Code,

23 relating to rehabilitation research and special

24 projects.
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1 (2) Section 7303 of such title, relating to re2 search programs of the Veterans Health Administra3 tion.

4 (3) Section 7327 of such title, relating to re5 search, education, and clinical activities on complex

6 multi-trauma associated with combat injuries.

7 (c) COLLABORATION.—In carrying out the research re8 quired by subsection (a), the Secretary shall collaborate

9 with facilities that—

10 (1) conduct research on rehabilitation for indi11 viduals with traumatic brain injury; and

12 (2) receive grants for such research from the Na13 tional Institute on Disability and Rehabilitation Re14 search of the Department of Education.

15 (d) REPORT.—Not later than 90 days after the date

16 of the enactment of this Act, the Secretary shall submit to

17 the Committee on Veterans’ Affairs of the Senate and the

18 Committee on Veterans’ Affairs of the House of Representa19 tives a report describing in comprehensive detail the re20 search to be carried out pursuant to subsection (a).

21 SEC. 1707. AGE-APPROPRIATE NURSING HOME CARE.

22 (a) FINDING.—Congress finds that young veterans who

23 are injured or disabled through military service and require

24 long-term care should have access to age-appropriate nurs25 ing home care.
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1 (b) REQUIREMENT TO PROVIDE AGE-APPROPRIATE

2 NURSING HOME CARE.—Section 1710A of title 38, United

3 States Code, is amended—

4 (1) by redesignating subsection (c) as subsection

5 (d); and

6 (2) by inserting after subsection (b) the following

7 new subsection (c):

8 ‘‘(c) The Secretary shall ensure that nursing home care

9 provided under subsection (a) is provided in an age-appro10 priate manner.’’.

11 SEC. 1708. EXTENSION OF PERIOD OF ELIGIBILITY FOR

12 HEALTH CARE FOR COMBAT SERVICE IN THE

13 PERSIAN GULF WAR OR FUTURE HOS14 TILITIES.

15 Section 1710(e)(3)(C) of title 38, United States Code,

16 is amended by striking ‘‘2 years’’ and inserting ‘‘5 years’’.

17 SEC. 1709. MENTAL HEALTH: SERVICE-CONNECTION STA18 TUS AND EVALUATIONS FOR CERTAIN VET19 ERANS.

20 (a) PRESUMPTION OF SERVICE-CONNECTION OF MEN21 TAL ILLNESS FOR CERTAIN VETERANS.—Section 1702 of

22 title 38, United States Code, is amended—

23 (1) by striking ‘‘psychosis’’ and inserting ‘‘men24 tal illness’’; and
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1 (2) in the heading, by striking ‘‘psychosis’’

2 and inserting ‘‘mental illness’’.

3 (b) PROVISION OF MENTAL HEALTH EVALUATIONS

4 FOR CERTAIN VETERANS.—Upon the request of a veteran

5 described in section 1710(e)(3)(C) of title 38, United States

6 Code, the Secretary shall provide to such veteran a prelimi7 nary mental health evaluation as soon as practicable, but

8 not later than 30 days after such request.

9 SEC. 1710. MODIFICATION OF REQUIREMENTS FOR FUR10 NISHING OUTPATIENT DENTAL SERVICES TO

11 VETERANS WITH A SERVICE-CONNECTED

12 DENTAL CONDITION OR DISABILITY.

13 Section 1712(a)(1)(B)(iv) of title 38, United States

14 Code, is amended by striking ‘‘90-day’’ and inserting ‘‘180-

15 day’’.

16 SEC. 1711. DEMONSTRATION PROGRAM ON PREVENTING

17 VETERANS AT-RISK OF HOMELESSNESS FROM

18 BECOMING HOMELESS.

19 (a) DEMONSTRATION PROGRAM.—The Secretary of

20 Veterans Affairs shall carry out a demonstration program

21 for the purpose of—

22 (1) identifying members of the Armed Forces on

23 active duty who are at risk of becoming homeless after

24 they are discharged or released from active duty; and
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1 (2) providing referral, counseling, and sup2 portive services, as appropriate, to help prevent such

3 members, upon becoming veterans, from becoming

4 homeless.

5 (b) PROGRAM LOCATIONS.—The Secretary shall carry

6 out the demonstration program in at least three locations.

7 (c) IDENTIFICATION CRITERIA.—In developing and

8 implementing the criteria to identify members of the Armed

9 Forces, who upon becoming veterans, are at-risk of becom10 ing homeless, the Secretary of Veterans Affairs shall consult

11 with the Secretary of Defense and such other officials and

12 experts as the Secretary considers appropriate.

13 (d) CONTRACTS.—The Secretary of Veterans Affairs

14 may enter into contracts to provide the referral, counseling,

15 and supportive services required under the demonstration

16 program with entities or organizations that meet such re17 quirements as the Secretary may establish.

18 (e) SUNSET.—The authority of the Secretary under

19 subsection (a) shall expire on September 30, 2011.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated $2,000,000 for the purpose

22 of carrying out the provisions of this section.
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1 SEC. 1712. CLARIFICATION OF PURPOSE OF THE OUTREACH

2 SERVICES PROGRAM OF THE DEPARTMENT

3 OF VETERANS AFFAIRS.

4 (a) CLARIFICATION OF INCLUSION OF MEMBERS OF

5 THE NATIONAL GUARD AND RESERVE IN PROGRAM.—Sub6 section (a)(1) of section 6301 of title 38, United States Code,

7 is amended by inserting ‘‘, or from the National Guard or

8 Reserve,’’ after ‘‘active military, naval, or air service’’.

9 (b) DEFINITION OF OUTREACH.—Subsection (b) of

10 such section is amended—

11 (1) by redesignating paragraphs (1) and (2) as

12 paragraphs (2) and (3), respectively; and

13 (2) by inserting before paragraph (2) the fol14 lowing new paragraph (1):

15 ‘‘(1) the term ‘outreach’ means the act or process

16 of reaching out in a systematic manner to proactively

17 provide information, services, and benefits counseling

18 to veterans, and to the spouses, children, and parents

19 of veterans who may be eligible to receive benefits

20 under the laws administered by the Secretary, to en21 sure that such individuals are fully informed about,

22 and assisted in applying for, any benefits and pro23 grams under such laws;’’.
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1 TITLE XVIII—NATIONAL GUARD

2 BUREAU MATTERS AND RE3 LATED MATTERS

4 SEC. 1801. SHORT TITLE.

5 This title may be cited as the ‘‘National Guard Em6 powerment Act of 2007’’.

7 SEC. 1802. EXPANDED AUTHORITY OF CHIEF OF THE NA8 TIONAL GUARD BUREAU AND EXPANDED

9 FUNCTIONS OF THE NATIONAL GUARD BU10 REAU.

11 (a) EXPANDED AUTHORITY.—

12 (1) IN GENERAL.—Subsection (a) of section

13 10501 of title 10, United States Code, is amended by

14 striking ‘‘joint bureau of the Department of the Army

15 and the Department of the Air Force’’ and inserting

16 ‘‘joint activity of the Department of Defense’’.

17 (2) PURPOSE.—Subsection (b) of such section is

18 amended by striking ‘‘between’’ and all that follows

19 and inserting ‘‘between—

20 ‘‘(1)(A) the Secretary of Defense, the Joint Chiefs

21 of Staff, and the commanders of the combatant com22 mands of the United States, and (B) the Department

23 of the Army and the Department of the Air Force;

24 and

25 ‘‘(2) the several States.’’.
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1 (b) ENHANCEMENTS OF POSITION OF CHIEF OF NA2 TIONAL GUARD BUREAU.—

3 (1) ADVISORY FUNCTION ON NATIONAL GUARD

4 MATTERS.—Subsection (c) of section 10502 of title 10,

5 United States Code, is amended by inserting ‘‘to the

6 Secretary of Defense, to the Chairman of the Joint

7 Chiefs of Staff,’’ after ‘‘principal adviser’’.

8 (2) GRADE.—Subsection (d) of such section is

9 amended by striking ‘‘lieutenant general’’ and insert10 ing ‘‘general’’.

11 (3) ANNUAL REPORT TO CONGRESS ON VALI12 DATED REQUIREMENTS.—Section 10504 of such title

13 is amended by adding at the end the following new

14 subsection:

15 ‘‘(c) ANNUAL REPORT ON VALIDATED REQUIRE16 MENTS.—Not later than December 31 each year, the Chief

17 of the National Guard Bureau shall submit to Congress a

18 report on the following:

19 ‘‘(1) The requirements validated under section

20 10503a(b)(1) of this title during the preceding fiscal

21 year.

22 ‘‘(2) The requirements referred to in paragraph

23 (1) for which funding is to be requested in the next

24 budget for a fiscal year under section 10544 of this

25 title.
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1 ‘‘(3) The requirements referred to in paragraph

2 (1) for which funding will not be requested in the next

3 budget for a fiscal year under section 10544 of this

4 title.’’.

5 (c) ENHANCEMENT OF FUNCTIONS OF NATIONAL

6 GUARD BUREAU.—

7 (1) ADDITIONAL GENERAL FUNCTIONS.—Section

8 10503 of title 10, United States Code, is amended—

9 (A) by redesignating paragraph (12) as

10 paragraph (13); and

11 (B) by inserting after paragraph (11) the

12 following new paragraph (12):

13 ‘‘(12) Facilitating and coordinating with other

14 Federal agencies, and with the several States, the use

15 of National Guard personnel and resources for and in

16 contingency operations, military operations other

17 than war, natural disasters, support of civil authori18 ties, and other circumstances.’’.

19 (2) MILITARY ASSISTANCE FOR CIVIL AUTHORI20 TIES.—Chapter 1011 of such title is further amended

21 by inserting after section 10503 the following new sec22 tion:
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1 ‘‘§ 10503a. Functions of National Guard Bureau: mili2 tary assistance to civil authorities

3 ‘‘(a) IDENTIFICATION OF ADDITIONAL NECESSARY AS4 SISTANCE.—The Chief of the National Guard Bureau

5 shall—

6 ‘‘(1) identify gaps between Federal and State ca7 pabilities to prepare for and respond to emergencies;

8 and

9 ‘‘(2) make recommendations to the Secretary of

10 Defense on programs and activities of the National

11 Guard for military assistance to civil authorities to

12 address such gaps.

13 ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meeting the

14 requirements of subsection (a), the Chief of the National

15 Guard Bureau shall, in coordination with the adjutants

16 general of the States, have responsibilities as follows:

17 ‘‘(1) To validate the requirements of the several

18 States and Territories with respect to military assist19 ance to civil authorities.

20 ‘‘(2) To develop doctrine and training require21 ments relating to the provision of military assistance

22 to civil authorities.

23 ‘‘(3) To acquire equipment, materiel, and other

24 supplies and services for the provision of military as25 sistance to civil authorities.
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1 ‘‘(4) To assist the Secretary of Defense in pre2 paring the budget required under section 10544 of

3 this title.

4 ‘‘(5) To administer amounts provided the Na5 tional Guard for the provision of military assistance

6 to civil authorities.

7 ‘‘(6) To carry out any other responsibility relat8 ing to the provision of military assistance to civil au9 thorities as the Secretary of Defense shall specify.

10 ‘‘(c) CONSULTATION.—The Chief of the National

11 Guard Bureau shall carry out activities under this section

12 in consultation with the Secretary of the Army and the Sec13 retary of the Air Force.’’.

14 (3) BUDGETING FOR TRAINING AND EQUIPMENT

15 FOR MILITARY ASSISTANCE TO CIVIL AUTHORITIES

16 AND OTHER DOMESTIC MISSIONS.—Chapter 1013 of

17 title 10, United States Code, is amended by adding

18 at the end the following new section:

19 ‘‘§ 10544. National Guard training and equipment:

20 budget for military assistance to civil au21 thorities and for other domestic oper22 ations

23 ‘‘(a) IN GENERAL.—The budget justification docu24 ments materials submitted to Congress in support of the

25 budget of the President for a fiscal year (as submitted with
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1 the budget of the President under section 1105(a) of title

2 31) shall specify separate amounts for training and equip3 ment for the National Guard for purposes of military assist4 ance to civil authorities and for other domestic operations

5 during such fiscal year.

6 ‘‘(b) SCOPE OF FUNDING.—The amounts specified

7 under subsection (a) for a fiscal year shall be sufficient for

8 purposes as follows:

9 ‘‘(1) The development and implementation of

10 doctrine and training requirements applicable to the

11 assistance and operations described in subsection (a)

12 for such fiscal year.

13 ‘‘(2) The acquisition of equipment, materiel, and

14 other supplies and services necessary for the provision

15 of such assistance and such operations in such fiscal

16 year.’’.

17 (4) LIMITATION ON INCREASE IN PERSONNEL OF

18 NATIONAL GUARD BUREAU.—The Secretary of Defense

19 shall, to the extent practicable, ensure that no addi20 tional personnel are assigned to the National Guard

21 Bureau in order to address administrative or other

22 requirements arising out of the amendments made by

23 this subsection.

24 (d) CONFORMING AND CLERICAL AMENDMENTS.—
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1 (1) CONFORMING AMENDMENT.—The heading of

2 section 10503 of title 10, United States Code, is

3 amended to read as follows:

4 ‘‘§ 10503. Functions of National Guard Bureau: char5 ter’’.

6 (2) CLERICAL AMENDMENTS.—(A) The table of

7 sections at the beginning of chapter 1011 of such title

8 is amended by striking the item relating to section

9 10503 and inserting the following new items:

‘‘10503. Functions of National Guard Bureau: charter.

‘‘10503a. Functions of National Guard Bureau: military assistance to civil authorities.’’.

10 (B) The table of sections at the beginning of

11 chapter 1013 of such title is amended by adding at

12 the end the following new item:

‘‘10544. National Guard training and equipment: budget for military assistance

to civil authorities and for other domestic operations.’’.

13 SEC. 1803. PROMOTION OF ELIGIBLE RESERVE OFFICERS

14 TO LIEUTENANT GENERAL AND VICE ADMI15 RAL GRADES ON THE ACTIVE-DUTY LIST.

16 (a) SENSE OF CONGRESS.—It is the sense of Congress

17 that, whenever officers are considered for promotion to the

18 grade of lieutenant general, or vice admiral in the case of

19 the Navy, on the active duty list, officers of the reserve com20 ponents of the Armed Forces who are eligible for promotion

21 to such grade should be considered for promotion to such

22 grade.
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1 (b) PROPOSAL.—The Secretary of Defense shall submit

2 to Congress a proposal for mechanisms to achieve the objec3 tive specified in subsection (a). The proposal shall include

4 such recommendations for legislative or administrative ac5 tion as the Secretary considers appropriate in order to

6 achieve that objective.

7 (c) NOTICE ACCOMPANYING NOMINATIONS.—The

8 President shall include with each nomination of an officer

9 to the grade of lieutenant general, or vice admiral in the

10 case of the Navy, on the active-duty list that is submitted

11 to the Senate for consideration a certification that all re12 serve officers who were eligible for consideration for pro13 motion to such grade were considered in the making of such

14 nomination.

15 SEC. 1804. PROMOTION OF RESERVE OFFICERS TO LIEU16 TENANT GENERAL GRADE.

17 (a) TREATMENT OF SERVICE AS ADJUTANT GENERAL

18 AS JOINT DUTY EXPERIENCE.—

19 (1) DIRECTORS OF ARMY AND AIR NATIONAL

20 GUARD.—Section 10506(a)(3) of title 10, United

21 States Code, is amended—

22 (A) by redesignating subparagraphs (C),

23 (D), and (E) as subparagraphs (D), (E), and

24 (F), respectively; and
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1 (B) by inserting after subparagraph (B) the

2 following new subparagraph (C):

3 ‘‘(C) Service of an officer as adjutant general shall be

4 treated as joint duty experience for purposes of subpara5 graph (B)(ii).’’.

6 (2) OTHER OFFICERS.—The service of an officer

7 of the Armed Forces as adjutant general, or as an of8 ficer (other than adjutant general) of the National

9 Guard of a State who performs the duties of adjutant

10 general under the laws of such State, shall be treated

11 as joint duty or joint duty experience for purposes of

12 any provisions of law required such duty or experi13 ence as a condition of promotion.

14 (b) REPORTS ON PROMOTION OF RESERVE MAJOR

15 GENERALS TO LIEUTENANT GENERAL GRADE.—

16 (1) REVIEW REQUIRED.—The Secretary of the

17 Army and the Secretary of the Air Force shall each

18 conduct a review of the promotion practices of the

19 military department concerned in order to identify

20 and assess the practices of such military department

21 in the promotion of reserve officers from major gen22 eral grade to lieutenant general grade.

23 (2) REPORTS.—Not later than 60 days after the

24 date of the enactment of this Act, the Secretary of the

25 Army and the Secretary of the Air Force shall each
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1 submit to the congressional defense committees a re2 port on the review conducted by such official under

3 paragraph (1). Each report shall set forth—

4 (A) the results of such review; and

5 (B) a description of the actions intended to

6 be taken by such official to encourage and facili7 tate the promotion of additional reserve officers

8 from major general grade to lieutenant general

9 grade.

10 SEC. 1805. REQUIREMENT THAT POSITION OF DEPUTY COM11 MANDER OF THE UNITED STATES NORTHERN

12 COMMAND BE FILLED BY A QUALIFIED NA13 TIONAL GUARD OFFICER.

14 (a) IN GENERAL.—A position of Deputy Commander

15 of the United States Northern Command shall be filled by

16 a qualified officer of the National Guard who is eligible for

17 promotion to the grade of lieutenant general.

18 (b) PURPOSE.—The purpose of the requirement in sub19 section (a) is to ensure that information received from the

20 National Guard Bureau regarding the operation of the Na21 tional Guard of the several States is integrated into the

22 plans and operations of the United States Northern Com23 mand.
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1 SEC. 1806. REQUIREMENT FOR SECRETARY OF DEFENSE TO

2 PREPARE ANNUAL PLAN FOR RESPONSE TO

3 NATURAL DISASTERS AND TERRORIST

4 EVENTS.

5 (a) REQUIREMENT FOR ANNUAL PLAN.—Not later

6 than March 1, 2008, and each March 1 thereafter, the Sec7 retary of Defense, in consultation with the commander of

8 the United States Northern Command and the Chief of the

9 National Guard Bureau, shall prepare and submit to Con10 gress a plan for coordinating the use of the National Guard

11 and members of the Armed Forces on active duty when re12 sponding to natural disasters, acts of terrorism, and other

13 man-made disasters as identified in the national planning

14 scenarios described in subsection (e).

15 (b) INFORMATION TO BE PROVIDED TO SECRETARY.—

16 To assist the Secretary of Defense in preparing the plan,

17 the National Guard Bureau, pursuant to its purpose as

18 channel of communications as set forth in section 10501(b)

19 of title 10, United States Code, shall provide to the Sec20 retary information gathered from Governors, adjutants gen21 eral of States, and other State civil authorities responsible

22 for homeland preparation and response to natural and

23 man-made disasters.

24 (c) TWO VERSIONS.—The plan shall set forth two

25 versions of response, one using only members of the Na26 tional Guard, and one using both members of the National
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1 Guard and members of the regular components of the Armed

2 Forces.

3 (d) MATTERS COVERED.—The plan shall cover, at a

4 minimum, the following:

5 (1) Protocols for the Department of Defense, the

6 National Guard Bureau, and the Governors of the

7 several States to carry out operations in coordination

8 with each other and to ensure that Governors and

9 local communities are properly informed and remain

10 in control in their respective States and communities.

11 (2) An identification of operational procedures,

12 command structures, and lines of communication to

13 ensure a coordinated, efficient response to contin14 gencies.

15 (3) An identification of the training and equip16 ment needed for both National Guard personnel and

17 members of the Armed Forces on active duty to pro18 vide military assistance to civil authorities and for

19 other domestic operations to respond to hazards iden20 tified in the national planning scenarios.

21 (e) NATIONAL PLANNING SCENARIOS.—The plan shall

22 provide for response to the following hazards:

23 (1) Nuclear detonation, biological attack, biologi24 cal disease outbreak/pandemic flu, the plague, chem25 ical attack-blister agent, chemical attack-toxic indus-
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1 trial chemicals, chemical attack-nerve agent, chemical

2 attack-chlorine tank explosion, major hurricane,

3 major earthquake, radiological attack-radiological dis4 persal device, explosives attack-bombing using impro5 vised explosive device, biological attack-food contami6 nation, biological attack-foreign animal disease and

7 cyber attack.

8 (2) Any other hazards identified in a national

9 planning scenario developed by the Homeland Secu10 rity Council.

11 SEC. 1807. ADDITIONAL REPORTING REQUIREMENTS RE12 LATING TO NATIONAL GUARD EQUIPMENT.

13 Section 10541 of title 10, United States Code, is

14 amended by adding at the end the following new subsection:

15 ‘‘(d) Each report under this section concerning equip16 ment of the National Guard shall also include the following:

17 ‘‘(1) A statement of the accuracy of the projec18 tions required by subsection (b)(5)(D) contained in

19 earlier reports under this section, and an explanation,

20 if the projection was not met, of why the projection

21 was not met.

22 ‘‘(2) A certification from the Chief of the Na23 tional Guard Bureau setting forth an inventory for

24 the preceding fiscal year of each item of equipment—

25 ‘‘(A) for which funds were appropriated;
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1 ‘‘(B) which was due to be procured for the

2 National Guard during that fiscal year; and

3 ‘‘(C) which has not been received by a Na4 tional Guard unit as of the close of that fiscal

5 year.’’.

6 DIVISION B—MILITARY CON7 STRUCTION AUTHORIZA8 TIONS

9 SEC. 2001. SHORT TITLE.

10 This division may be cited as the ‘‘Military Construc11 tion Authorization Act for Fiscal Year 2008’’.

12 TITLE XXI—ARMY

13 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

14 ACQUISITION PROJECTS.

15 (a) INSIDE THE UNITED STATES.—Using amounts ap16 propriated pursuant to the authorization of appropriations

17 in section 2104(a)(1), the Secretary of the Army may ac18 quire real property and carry out military construction

19 projects for the installations or locations inside the United

20 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 ...................................................... $20,000,000

Alaska ............... Fort Richardson ....................................................... $92,800,000

Fort Wainwright ...................................................... $114,500,000

Arizona ............. Fort Huachuca ......................................................... $129,600,000

California ......... Fort Irwin ................................................................. $24,000,000

Presidio, Monterey .................................................... $28,000,000

Colorado ............ Fort Carson ............................................................... $156,200,000

Delaware ........... Dover Air Force Base ............................................... $17,500,000

Florida .............. Eglin Air Force Base ............................................... $66,000,000
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Army: Inside the United States—Continued

State Installation or Location Amount

Miami Doral ............................................................. $237,000,000

Georgia .............. Fort Benning ............................................................ $185,800,000

Fort Stewart/Hunter Army Air Field .................... $123,500,000

Hawaii .............. Fort Shafter .............................................................. $31,000,000

Schofield Barracks .................................................... $88,000,000

Wheeler Army Air Field .......................................... $51,000,000

Illinois ............... Rock Island Arsenal ................................................. $3,350,000

Kansas .............. Fort Leavenworth ..................................................... $90,800,000

Fort Riley ................................................................. $138,300,000

Kentucky ........... Fort Campbell ........................................................... $105,000,000

Fort Knox .................................................................. $6,700,000

Louisiana .......... Fort Polk ................................................................... $15,900,000

Maryland .......... Aberdeen Proving Ground ....................................... $12,200,000

Michigan ........... Detroit Arsenal ......................................................... $18,500,000

Missouri ............ Fort Leonard Wood .................................................. $125,650,000

Nevada .............. Hawthorne Army Ammunition Plant .................... $11,800,000

New Mexico ....... White Sands Missile Range ..................................... $71,000,000

New York .......... Fort Drum ................................................................ $291,000,000

North Carolina Fort Bragg ................................................................ $275,600,000

Oklahoma .......... Fort Sill .................................................................... $6,200,000

South Carolina Fort Jackson ............................................................. $85,000,000

Texas ................. Camp Bullis .............................................................. $1,600,000

Fort Bliss .................................................................. $111,900,000

Fort Hood ................................................................. $145,400,000

Fort Sam Houston ................................................... $19,150,000

Red River Army Depot ............................................ $9,200,000

Virginia ............ Fort Belvoir .............................................................. $13,000,000

Fort Eustis ................................................................ $75,000,000

Fort Lee ..................................................................... $16,700,000

Fort Myer .................................................................. $20,800,000

Washington ....... Fort Lewis ................................................................. $164,600,000

Yakima Training Center ......................................... $29,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the installations or locations outside the United

6 States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or Location Amount

Bulgaria ............................... Nevo Selo FOS ........................................... $61,000,000

Germany .............................. Grafenwoehr ............................................... $62,000,000

Honduras ............................. Soto Cano Air Base ................................... $2,550,000

Italy ..................................... Vicenza ....................................................... $173,000,000

Korea .................................... Camp Humphreys ..................................... $57,000,000

Romania .............................. Mihail Kogalniceanu FOS ........................ $12,600,000
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1 SEC. 2102. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the

7 installations or locations, in the number of units, and in

8 the amounts set forth in the following table:

Army: Family Housing

Country Installation or Location Units Amount

Germany .................... Ansbach ............................................. 138 ...... $52,000,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

11 section 2104(a)(5)(A), the Secretary of the Army may carry

12 out architectural and engineering services and construction

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to

15 exceed $2,000,000.

16 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

17 UNITS.

18 Subject to section 2825 of title 10, United States Code,

19 and using amounts appropriated pursuant to the author20 ization of appropriations in section 2104(a)(5)(A), the Sec21 retary of the Army may improve existing military family

22 housing units in an amount not to exceed $365,400,000.
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

3 hereby authorized to be appropriated for fiscal years begin4 ning after September 30, 2007, for military construction,

5 land acquisition, and military family housing functions of

6 the Department of the Army in the total amount of

7 $5,218,067,000 as follows:

8 (1) For military construction projects inside the

9 United States authorized by section 2101(a),

10 $3,254,250,000.

11 (2) For military construction projects outside the

12 United States authorized by section 2101(b),

13 $295,150,000.

14 (3) For unspecified minor military construction

15 projects authorized by section 2805 of title 10, United

16 States Code, $23,000,000.

17 (4) For architectural and engineering services

18 and construction design under section 2807 of title

19 10, United States Code, $333,947,000.

20 (5) For military family housing functions:

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military

23 family housing and facilities, $419,400,000.

24 (B) For support of military family housing

25 (including the functions described in section
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1 2833 of title 10, United States Code),

2 $742,920,000.

3 (6) For the construction of increment 3 of a bar4 racks complex at Fort Bragg, North Carolina, author5 ized by section 2101(a) of the Military Construction

6 Authorization Act for Fiscal Year 2006 (division B of

7 Public Law 109–163; 119 Stat. 3485), $47,400,000.

8 (7) For the construction of increment 2 of a bar9 racks complex at Fort Lewis, Washington, authorized

10 by section 2101(a) of the Military Construction Au11 thorization Act for Fiscal Year 2007 (division B of

12 Public Law 109–364; 120 Stat. 2445), as amended by

13 section 20814 of the Continuing Appropriations Reso14 lution, 2007 (division B of Public Law 109–289), as

15 added by section 2 of the Revised Continuing Appro16 priations Resolution, 2007 (Public Law 110–5),

17 $102,000,000.

18 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

19 PROJECTS.—Notwithstanding the cost variations author20 ized by section 2853 of title 10, United States Code, and

21 any other cost variation authorized by law, the total cost

22 of all projects carried out under section 2101 of this Act

23 may not exceed the sum of the following:
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1 (1) The total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection

3 (a).

4 (2) $204,000,000 (the balance of the amount au5 thorized under section 2101(a) of the Military Con6 struction Authorization Act for Fiscal Year 2007

7 (Public Law 109–364; 120 Stat 2445), as amended by

8 section 20814 of the Continuing Appropriations Reso9 lution, 2007 (division B of Public Law 109–289) (as

10 added by section 2 of the Revised Continuing Appro11 priations Resolution, 2007 (Public Law 110–5)), for

12 construction of a brigade complex for Fort Lewis,

13 Washington).

14 (3) $37,000,000 (the balance of the amount au15 thorized under section 2101(b) for construction of a

16 brigade complex operations support facility at

17 Vicenza, Italy).

18 (4) $36,000,000 (the balance of the amount au19 thorized under section 2101(b) for construction of a

20 brigade complex barracks and community support fa21 cility at Vicenza, Italy).
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1 SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT

2 FISCAL YEAR 2007 ARMY PROJECTS FOR

3 WHICH FUNDS WERE NOT APPROPRIATED.

4 (a) TERMINATION OF INSIDE THE UNITED STATES

5 PROJECTS.—The table in section 2101(a) of the Military

6 Construction Authorization Act for Fiscal Year 2007 (divi7 sion B of Public Law 109–364; 120 Stat. 2445), as amended

8 by section 20814 of the Continuing Appropriations Resolu9 tion, 2007 (division B of Public Law 109–289), as added

10 by section 2 of the Revised Continuing Appropriations Res11 olution, 2007 (Public Law 110–5), is further amended—

12 (1) by striking the item relating to Redstone Ar13 senal, Alabama;

14 (2) by striking the item relating to Fort Wain15 wright, Alaska;

16 (3) in the item relating to Fort Irwin, Cali17 fornia, by striking ‘‘$18,200,000’’ in the amount col18 umn and inserting ‘‘$10,000,000’’;

19 (4) in the item relating to Fort Carson, Colo20 rado, by striking ‘‘$30,800,000’’ in the amount col21 umn and inserting ‘‘$24,000,000’’;

22 (5) in the item relating to Fort Leavenworth,

23 Kansas, by striking ‘‘$23,200,000’’ in the amount col24 umn and inserting ‘‘$15,000,000’’;
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1 (6) in the item relating to Fort Riley, Kansas,

2 by striking ‘‘$47,400,000’’ in the amount column and

3 inserting ‘‘$37,200,000’’;

4 (7) in the item relating to Fort Campbell, Ken5 tucky, by striking ‘‘$135,300,000’’ in the amount col6 umn and inserting ‘‘$115,400,000’’;

7 (8) by striking the item relating to Fort Polk,

8 Louisiana;

9 (9) by striking the item relating to Aberdeen

10 Proving Ground, Maryland;

11 (10) by striking the item relating to Fort

12 Detrick, Maryland;

13 (11) by striking the item relating to Detroit Ar14 senal, Michigan;

15 (12) in the item relating to Fort Leonard Wood,

16 Missouri, by striking ‘‘$34,500,000’’ in the amount

17 column and inserting ‘‘$17,000,000’’;

18 (13) by striking the item relating to Picatinny

19 Arsenal, New Jersey;

20 (14) in the item relating to Fort Drum, New

21 York, by striking ‘‘$218,600,000’’ in the amount col22 umn and inserting ‘‘$209,200,000’’;

23 (15) in the item relating to Fort Bragg, North

24 Carolina, by striking ‘‘$96,900,000’’ in the amount

25 column and inserting ‘‘$89,000,000’’;
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1 (16) by striking the item relating to Letterkenny

2 Depot, Pennsylvania;

3 (17) by striking the item relating to Corpus

4 Christi Army Depot, Texas;

5 (18) by striking the item relating to Fort Bliss,

6 Texas;

7 (19) in the item relating to Fort Hood, Texas, by

8 striking ‘‘$93,000,000’’ in the amount column and in9 serting ‘‘$75,000,000’’;

10 (20) by striking the item relating to Red River

11 Depot, Texas; and

12 (21) by striking the item relating to Fort Lee,

13 Virginia.

14 (b) CONFORMING AMENDMENTS.—Section 2104(a) of

15 such Act (120 Stat. 2447) is amended—

16 (1) in the matter preceding paragraph (1), by

17 striking ‘‘$3,518,450,000’’ and inserting

18 ‘‘$3,275,700,000’’; and

19 (2) in paragraph (1), by striking

20 ‘‘$1,362,200,000’’ and inserting ‘‘$1,119,450,000’’.

21 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

22 CERTAIN FISCAL YEAR 2006 PROJECT.

23 (a) MODIFICATION.—The table in section 2101(a) of

24 the Military Construction Authorization Act for Fiscal Year

25 2006 (division B of Public Law 109–163; 119 Stat. 3485)
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1 is amended in the item relating to Fort Bragg, North Caro2 lina, by striking ‘‘$301,250,000’’ in the amount column and

3 inserting ‘‘$308,250,000’’.

4 (b) CONFORMING AMENDMENTS.—Section 2104(b)(5)

5 of that Act (119 Stat. 3488) is amended by striking

6 ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’.

7 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN

8 FISCAL YEAR 2005 PROJECT.

9 (a) EXTENSION AND RENEWAL.—Notwithstanding sec10 tion 2701 of the Military Construction Authorization Act

11 for Fiscal Year 2005 (division B of Public Law 108–375;

12 118 Stat. 2116), the authorization set forth in the table in

13 subsection (b), as provided in section 2101 of that Act, shall

14 remain in effect until October 1, 2008, or the date of the

15 enactment of an Act authorizing funds for military con16 struction for fiscal year 2009, whichever is later.

17 (b) TABLE.—The table referred to in subsection (a) is

18 as follows:

Army: Extension of 2005 Project Authorization

Installation or Location Project Amount

Schofield Barracks, Hawaii ................ Training facility ...................... $35,542,000

19 SEC. 2108. TECHNICAL AMENDMENTS TO THE MILITARY

20 CONSTRUCTION AUTHORIZATION ACT FOR

21 2007.

22 (a) TECHNICAL AMENDMENT TO SPECIFY LOCATION

23 OF PROJECT IN ROMANIA.—The table in section 2101(b) of
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1 the Military Construction Authorization Act for 2007 (divi2 sion B of Public Law 109–364; 120 Stat. 2446) is amended

3 by striking ‘‘Babadag Range’’ and inserting ‘‘Mihail

4 Kogalniceanu Air Base’’.

5 (b) TECHNICAL AMENDMENT TO CORRECT PRINTING

6 ERROR RELATING TO ARMY FAMILY HOUSING.—The table

7 in section 2102(a) of the Military Construction Authoriza8 tion Act for 2007 (division B of Public Law 109–364; 120

9 Stat. 2446) is amended by striking ‘‘Fort McCoyine’’ and

10 inserting ‘‘Fort McCoy’’.

11 SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FA12 CILITY, MIAMI-DORAL, FLORIDA.

13 (a) GROUND LEASE AUTHORIZED.—The Secretary of

14 the Army may utilize the State of Florida property as de15 scribed in sublease number 4489–01, entered into between

16 the State of Florida and the United States (in this section

17 referred to as the ‘‘ground lease’’), for the purpose of con18 structing a consolidated headquarters facility for the United

19 States Southern Command (SOUTHCOM).

20 (b) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary of the Army may carry out the project to construct

22 a new headquarters on property leased from the State of

23 Florida when the following conditions have been met re24 garding the lease for the property:
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1 (1) The United States Government shall have the

2 right to use the property without interruption until

3 at least December 31, 2055.

4 (2) The United States Government shall have the

5 right to use the property for general administrative

6 purposes in the event the United States Southern

7 Command relocates or vacates the property.

8 (c) AUTHORITY TO OBTAIN GROUND LEASE OF ADJA9 CENT PROPERTY.—The Secretary may obtain the ground

10 lease of additional real property owned by the State of Flor11 ida that is adjacent to the real property leased under the

12 ground lease for purposes of completing the construction of

13 the SOUTHCOM headquarters facility, as long as the addi14 tional terms of the ground lease required by subsection (b)

15 apply to such adjacent property.

16 (d) LIMITATION.—The Secretary may not obligate or

17 expend funds appropriated pursuant to the authorization

18 of appropriations in section 2104(a)(1) for the construction

19 of the SOUTHCOM headquarters facility authorized under

20 section 2101(a) until the Secretary transmits to the congres21 sional defense committees a modification to the ground lease

22 signed by the United States Government and the State of

23 Florida in accordance with subsection (b).
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1 TITLE XXII—NAVY

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2204(a)(1), the Secretary of the Navy may ac7 quire real property and carry out military construction

8 projects for the installations or locations inside the United

9 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

Alabama ............ Outlying Field Evergreen ........................................ $9,560,000

Arizona ............. Marine Corps Air Station, Yuma ........................... $33,720,000

California ......... Marine Corps Base, Camp Pendleton ..................... $366,394,000

Marine Corps Air Station, Miramar ..................... $26,760,000

Naval Station, San Diego ....................................... $23,630,000

Marine Corps Base, Twentynine Palms ................. $147,059,000

Connecticut ....... Naval Submarine Base, New London ..................... $11,900,000

Florida .............. Marine Corps Logistics Base, Blount Island ......... $7,570,000

Cape Canaveral ........................................................ $9,900,000

Naval Surface Warfare Center, Panama City ....... $13,870,000

Hawaii .............. Marine Corps Air Station, Kaneohe ....................... $37,961,000

Naval Base, Pearl Harbor ....................................... $99,860,000

Naval Shipyard, Pearl Harbor ............................... $30,200,000

Naval Station Pearl Harbor, Wahiawa ................. $65,410,000

Illinois ............... Naval Training Center, Great Lakes ...................... $10,221,000

Indiana ............. Naval Support Activity, Crane ............................... $12,000,000

Maryland .......... Naval Air Warfare Center, Patuxent River ........... $38,360,000

Maine ................ Naval Shipyard, Portsmouth .................................. $9,700,000

Mississippi ........ Naval Air Station, Meridian .................................. $6,770,000

Nevada .............. Naval Air Station, Fallon ....................................... $11,460,000

New Jersey ........ Naval Air Station, Lakehurst ................................. $4,100,000

North Carolina Marine Corps Air Station, Cherry Point ............... $28,610,000

Marine Corps Air Station, New River ................... $54,430,000

Marine Corps Base, Camp Lejeune ........................ $278,070,000

Rhode Island .... Naval Station, Newport ........................................... $9,990,000

South Carolina Marine Corps Air Station, Beaufort ...................... $6,800,000

Marine Corps Recruit Depot, Parris Island .......... $55,282,000

Texas ................. Naval Air Station, Corpus Christi ......................... $14,290,000

Virginia ............ Naval Support Activity, Chesapeake ...................... $8,450,000

Naval Station, Norfolk ............................................. $79,560,000

Marine Corps Base, Quantico ................................. $50,519,000

Washington ....... Naval Station, Bremerton ....................................... $190,960,000

Naval Station, Everett ............................................. $10,940,000

Naval Air Station, Whidbey Island ........................ $23,910,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations or locations outside the United

6 States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Bahrain ............................... Naval Support Activity, Bahrain ............ $35,500,000

Diego Garcia ....................... Naval Support Facility, Diego Garcia .... $7,150,000

Djibouti ................................ Camp Lemonier ......................................... $22,390,000

Guam ................................... Naval Activities, Guam ............................ $273,518,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2204(a)(3), the Secretary of the Navy may ac10 quire real property and carry out military construction

11 projects for unspecified installations or locations in the

12 amount set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Unspecified Wharf Utilities Upgrade ........................... $8,900,000

Host Nation Infrastructure ...................... $2,700,000

13 SEC. 2202. FAMILY HOUSING.

14 (a) CONSTRUCTION AND ACQUISITION.—Using

15 amounts appropriated pursuant to the authorization of ap16 propriations in section 2204(a)(6)(A), the Secretary of the

17 Navy may construct or acquire family housing units (in18 cluding land acquisition and supporting facilities) at the
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1 installation, in the number of units, and in the amount

2 set forth in the following table:

Navy: Family Housing

Location Installation Units Amount

Mariana Islands ........ Naval Activities, Guam .................... 73 ........ $47,167,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2204(a)(6)(A), the Secretary of the Navy may carry

6 out architectural and engineering services and construction

7 design activities with respect to the construction or im8 provement of military family housing units in an amount

9 not to exceed $3,172,000.

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2204(a)(6)(A), the Sec15 retary of the Navy may improve existing military family

16 housing units in an amount not to exceed $237,990,000.

17 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

19 hereby authorized to be appropriated for fiscal years begin20 ning after September 30, 2007, for military construction,

21 land acquisition, and military family housing functions of

22 the Department of the Navy in the total amount of

23 $3,032,790,000, as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2201(a),

3 $1,717,016,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2201(b),

6 $338,558,000.

7 (3) For military construction projects at unspec8 ified worldwide locations authorized by section

9 2201(c), $11,600,000.

10 (4) For unspecified minor military construction

11 projects authorized by section 2805 of title 10, United

12 States Code, $10,000,000.

13 (5) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $119,658,000.

16 (6) For military family housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $300,095,000.

20 (B) For support of military family housing

21 (including functions described in section 2833 of

22 title 10, United States Code), $371,404,000.

23 (7) For the construction of increment 2 of the

24 construction of an addition to the National Maritime

25 Intelligence Center, Suitland, Maryland, authorized
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1 by section 2201(a) of the Military Construction Au2 thorization Act for Fiscal Year 2007 (division B of

3 Public Law 109–364; 120 Stat. 2448), $52,069,000.

4 (8) For the construction of increment 3 of recruit

5 training barracks infrastructure upgrade at Recruit

6 Training Command, Great Lakes, Illinois, authorized

7 by section 2201(a) of the Military Construction Au8 thorization Act for Fiscal Year 2006 (division B of

9 Public Law 109–163; 119 Stat. 3490), $16,650,000.

10 (9) For the construction of increment 3 of wharf

11 upgrades at Yokosuka, Japan, authorized by section

12 2201(b) of the Military Construction Authorization

13 Act of Fiscal Year 2006 (division B of Public Law

14 109–163; 119 Stat. 3490), $8,750,000.

15 (10) For the construction of increment 2 of the

16 Bachelor Enlisted Quarters Homeport Ashore Pro17 gram at Bremerton, Washington, authorized by sec18 tion 2201(a) of the Military Construction Authoriza19 tion Act of Fiscal Year 2006 (division B of Public

20 Law 109–163; 119 Stat. 3490), $47,240,000.

21 (11) For the construction of increment 4 of the

22 limited area production and storage complex at Naval

23 Submarine Base Kitsap, Silverdale, Washington, au24 thorized by section 2201(a) of the Military Construc25 tion Authorization Act of Fiscal Year 2005 (division
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1 B of Public Law 108–375; 118 Stat. 2105), as

2 amended by section 2206 of the Military Construction

3 Authorization Act for Fiscal Year 2006 (division B of

4 Public Law 109–163; 119 Stat. 3493), $39,750,000.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2201 of this Act

10 may not exceed the sum of the following:

11 (1) The total amount authorized to be appro12 priated under paragraphs (1), (2) and (3) of sub13 section (a).

14 (2) $71,200,000 (the balance of the amount au15 thorized under section 2201(a) for a nuclear aircraft

16 carrier maintenance pier at Naval Station Brem17 erton, Washington).

18 SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT

19 FISCAL YEAR 2007 NAVY PROJECTS FOR

20 WHICH FUNDS WERE NOT APPROPRIATED.

21 (a) TERMINATION OF INSIDE THE UNITED STATES

22 PROJECTS.—The table in section 2201(a) of the Military

23 Construction Authorization Act for Fiscal Year 2007 (divi24 sion B of Public Law 109–364; 120 Stat. 2449) is

25 amended—
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1 (1) in the item relating to Marine Corps Base,

2 Twentynine Palms, California, by striking

3 ‘‘$27,217,000’’ in the amount column and inserting

4 ‘‘$8,217,000’’;

5 (2) by striking the item relating to Naval Sup6 port Activity, Monterey, California;

7 (3) by striking the item relating to Naval Sub8 marine Base, New London, Connecticut;

9 (4) by striking the item relating to Cape Canav10 eral, Florida;

11 (5) in the item relating to Marine Corps Logis12 tics Base, Albany, Georgia, by striking ‘‘$70,540,000’’

13 in the amount column and inserting ‘‘$62,000,000’’;

14 (6) by striking the item relating to Naval Maga15 zine, Pearl Harbor, Hawaii;

16 (7) by striking the item relating to Naval Ship17 yard, Pearl Harbor, Hawaii;

18 (8) by striking the item relating to Naval Sup19 port Activity, Crane, Indiana;

20 (9) by striking the item relating to Portsmouth

21 Naval Shipyard, Maine;

22 (10) by striking the item relating to Naval Air

23 Station, Meridian, Mississippi;

24 (11) by striking the item relating to Naval Air

25 Station, Fallon, Nevada;
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1 (12) by striking the item relating to Marine

2 Corps Air Station, Cherry Point, North Carolina;

3 (13) by striking the item relating to Naval Sta4 tion, Newport, Rhode Island;

5 (14) in the item relating to Marine Corps Air

6 Station, Beaufort, South Carolina, by striking

7 ‘‘$25,575,000’’ in the amount column and inserting

8 ‘‘$22,225,000’’;

9 (15) by striking the item relating to Naval Spe10 cial Weapons Center, Dahlgren, Virginia;

11 (16) in the item relating to Naval Support Ac12 tivity, Norfolk, Virginia, by striking ‘‘$41,712,000’’ in

13 the amount column and inserting ‘‘$28,462,000’’;

14 (17) in the item relating to Naval Air Station,

15 Whidbey Island, Washington, by striking

16 ‘‘$67,303,000’’ in the amount column and inserting

17 ‘‘$57,653,000’’; and

18 (18) in the item relating to Naval Base, Kitsap,

19 Washington, by striking ‘‘$17,617,000’’ in the amount

20 column and inserting ‘‘$13,507,000’’.

21 (b) TERMINATION OF MILITARY FAMILY HOUSING

22 PROJECTS.—Section 2204(a)(6)(A) of such Act (120 Stat.

23 2450) is amended by striking ‘‘$308,956,000’’ and inserting

24 ‘‘$305,256,000’’.
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1 (c) CONFORMING AMENDMENTS.—Section 2204(a) of

2 such Act, as amended by subsection (b), is further

3 amended—

4 (1) in the matter preceding paragraph (1), by

5 striking ‘‘$2,109,367,000’’ and inserting

6 ‘‘$1,946,867,000’’; and

7 (2) in paragraph (1), by striking

8 ‘‘$832,982,000’’ and inserting ‘‘$674,182,000’’.

9 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT

10 CERTAIN FISCAL YEAR 2005 PROJECT.

11 (a) MODIFICATION.—The table in section 2201(a) of

12 the Military Construction Authorization Act for Fiscal Year

13 2005 (division B of Public Law 108–375; 118 Stat. 2105),

14 as amended by section 2206 of the Military Construction

15 Authorization Act for Fiscal Year 2006 (division B of Pub16 lic Law 109–163; 119 Stat. 3493) and section 2205 of the

17 Military Construction Authorization Act for Fiscal Year

18 2007 (division B of Public Law 109–364; 120 Stat. 2452)

19 is amended—

20 (1) in the item relating to Strategic Weapons

21 Facility Pacific, Bangor, Washington, by striking

22 ‘‘$147,760,000’’ in the amount column and inserting

23 ‘‘$295,000,000’’; and

24 (2) by striking the amount identified as the total

25 in the amount column and inserting ‘‘$972,719,000’’.
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1 (b) CONFORMING AMENDMENT.—Section 2204 of the

2 Military Construction Authorization Act for Fiscal Year

3 2005 (division B of Public Law 108–375; 118 Stat. 2107),

4 as amended by section 2206 of the Military Construction

5 Authorization Act for Fiscal Year 2006 (division B of Pub6 lic Law 109–163; 119 Stat. 3493) and section 2205 of the

7 Military Construction Authorization Act for Fiscal Year

8 2007 (division B of Public Law 109–364; 120 Stat. 2453)

9 is amended in subsection (b)(6), by striking ‘‘$95,320,000’’

10 and inserting ‘‘$259,320,000’’.

11 TITLE XXIII—AIR FORCE

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

13 LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations

16 in section 2304(a)(1), the Secretary of the Air Force may

17 acquire real property and carry out military construction

18 projects for the installations or locations inside the United

19 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or Location Amount

Alaska ......................... Elmendorf Air Force Base ............................. $83,180,000

Arizona ....................... Davis-Monthan Air Force Base ..................... $11,200,000

Arkansas ..................... Little Rock Air Force Base ............................ $9,800,000

California ................... Travis Air Force Base .................................... $26,600,000

Colorado ..................... Fort Carson ..................................................... $13,500,000

Schriever Air Force Base ............................... $24,500,000

United States Air Force Academy ................. $15,000,000

District of Columbia Bolling Air Force Base ................................... $2,500,000

Florida ....................... Eglin Air Force Base ...................................... $158,300,000

MacDill Air Force Base ................................. $57,000,000

Patrick Air Force Base ................................... $11,854,000

Tyndall Air Force Base .................................. $44,114,000

Georgia ....................... Robins Air Force Base ................................... $14,700,000
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Air Force: Inside the United States—Continued

State Installation or Location Amount

Hawaii ....................... Hickam Air Force Base .................................. $31,971,000

Illinois ........................ Scott Air Force Base ...................................... $24,900,000

Kansas ........................ Fort Riley ........................................................ $12,515,000

Massachusetts ............. Hanscom Air Force Base ............................... $12,800,000

Montana ..................... Malmstrom Air Force Base ............................ $7,000,000

Nebraska ..................... Offutt Air Force Base ..................................... $16,952,000

New Mexico ................ Cannon Air Force Base .................................. $1,688,000

Kirtland Air Force Base ................................ $11,400,000

Nevada ........................ Nellis Air Force Base ...................................... $4,950,000

North Dakota ............. Grand Forks Air Force Base ......................... $13,000,000

Minot Air Force Base ..................................... $18,200,000

Oklahoma ................... Altus Air Force Base ...................................... $2,000,000

Tinker Air Force Base .................................... $34,600,000

Vance Air Force Base ..................................... $7,700,000

South Carolina .......... Charleston Air Force Base ............................. $11,000,000

South Dakota ............. Ellsworth Air Force Base ............................... $16,600,000

Texas ........................... Lackland Air Force Base ............................... $14,000,000

Utah ............................ Hill Air Force Base ........................................ $25,999,000

Wyoming .................... Francis E. Warren Air Force Base ............... $14,600,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Air Force: Outside the United States

Country Installation or Location Amount

Germany .............................. Ramstein Air Base .................................... $48,209,000

Guam ................................... Andersen Air Force Base .......................... $10,000,000

Qatar .................................... Al Udeid Air Base ..................................... $22,300,000

Spain ................................... Moron Air Base ......................................... $1,800,000

United Kingdom ................. Royal Air Force Lakenheath .................... $17,300,000

Royal Air Force Menwith Hill Station ... $41,000,000

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations

10 in section 2304(a)(3), the Secretary of the Air Force may

11 acquire real property and carry out military construction
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1 projects for unspecified installations or locations in the

2 amounts set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Classified .......... Classified Project ....................................... $1,500,000

Classified-Special Evaluation Program .. $13,940,000

3 SEC. 2302. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(6)(A), the Secretary of the

7 Air Force may construct or acquire family housing units

8 (including land acquisition and supporting facilities) at

9 the installation or location, in the number of units, and

10 in the amount set forth in the following table:

Air Force: Family Housing

State or Country Installation or Location Units Amount

Germany ....................... Ramstein Air Base ........................... 117 .... $56,275,000

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in

13 section 2304(a)(6)(A), the Secretary of the Air Force may

14 carry out architectural and engineering services and con15 struction design activities with respect to the construction

16 or improvement of military family housing units in an

17 amount not to exceed $12,210,000.
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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2304(a)(6)(A), the Sec6 retary of the Air Force may improve existing military fam7 ily housing units in an amount not to exceed $294,262,000.

8 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

9 FORCE.

10 Funds are hereby authorized to be appropriated for fis11 cal years beginning after September 30, 2007, for military

12 construction, land acquisition, and military family housing

13 functions of the Department of the Air Force in the total

14 amount of $2,097,357,000, as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2301(a),

17 $754,123,000.

18 (2) For military construction projects outside the

19 United States authorized by section 2301(b),

20 $140,609,000.

21 (3) For the military construction projects at un22 specified worldwide locations authorized by section

23 2301(c), $15,440,000.

24 (4) For unspecified minor military construction

25 projects authorized by section 2805 of title 10, United

26 States Code, $15,000,000.
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1 (5) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $61,103,000.

4 (6) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $362,747,000.

8 (B) For support of military family housing

9 (including functions described in section 2833 of

10 title 10, United States Code), $688,335,000.

11 (7) For the construction of increment 3 of the

12 main base runway at Edwards Air Force Base, Cali13 fornia, authorized by section 2301(a) of the Military

14 Construction Authorization Act for Fiscal Year 2006

15 (division B of Public Law 109–163; 119 Stat. 3494),

16 $35,000,000.

17 (8) For the construction of increment 3 of the

18 CENTCOM Joint Intelligence Center at MacDill Air

19 Force Base, Florida, authorized by section 2301(a) of

20 the Military Construction Authorization Act for Fis21 cal Year 2006 (division B of Public Law 109–163;

22 119 Stat. 3494), as amended by section 2305 of the

23 Military Construction Authorization Act for Fiscal

24 Year 2007 (division B of Public Law 109–364; 120

25 Stat. 2456), $25,000,000.
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1 SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT

2 FISCAL YEAR 2007 AIR FORCE PROJECTS FOR

3 WHICH FUNDS WERE NOT APPROPRIATED.

4 (a) TERMINATION OF INSIDE THE UNITED STATES

5 PROJECTS.—The table in section 2301(a) of the Military

6 Construction Authorization Act for Fiscal Year 2007 (divi7 sion B of Public Law 109–364; 120 Stat. 2453) is

8 amended—

9 (1) in the item relating to Elmendorf, Alaska, by

10 striking ‘‘$68,100,000’’ in the amount column and in11 serting ‘‘$56,100,000’’;

12 (2) in the item relating to Davis-Monthan Air

13 Force Base, Arizona, by striking ‘‘$11,800,000’’ in the

14 amount column and inserting ‘‘$4,600,000’’;

15 (3) by striking the item relating to Little Rock

16 Air Force Base, Arkansas;

17 (4) in the item relating to Travis Air Force

18 Base, California, by striking ‘‘$85,800,000’’ in the

19 amount column and inserting ‘‘$73,900,000’’;

20 (5) by striking the item relating to Peterson Air

21 Force Base, Colorado;

22 (6) in the item relating to Dover Air Force,

23 Delaware, by striking ‘‘$30,400,000’’ in the amount

24 column and inserting ‘‘$26,400,000’’;
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1 (7) in the item relating to Eglin Air Force Base,

2 Florida, by striking ‘‘$30,350,000’’ in the amount col3 umn and inserting ‘‘$19,350,000’’;

4 (8) in the item relating to Tyndall Air Force

5 Base, Florida, by striking ‘‘$8,200,000’’ in the

6 amount column and inserting ‘‘$1,800,000’’;

7 (9) in the item relating to Robins Air Force

8 Base, Georgia, by striking ‘‘$59,600,000’’ in the

9 amount column and inserting ‘‘$38,600,000’’;

10 (10) in the item relating to Scott Air Force, Illi11 nois, by striking ‘‘$28,200,000’’ in the amount col12 umn and inserting ‘‘$20,000,000’’;

13 (11) by striking the item relating to McConnell

14 Air Force Base, Kansas;

15 (12) by striking the item relating to Hanscom

16 Air Force Base, Massachusetts;

17 (13) by striking the item relating to Whiteman

18 Air Force Base, Missouri;

19 (14) by striking the item relating to Malmstrom

20 Air Force Base, Montana;

21 (15) in the item relating to McGuire Air Force

22 Base, New Jersey, by striking ‘‘$28,500,000’’ in the

23 amount column and inserting ‘‘$15,500,000’’;

24 (16) by striking the item relating to Kirtland

25 Air Force Base, New Mexico;
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1 (17) by striking the item relating to Minot Air

2 Force Base, North Dakota;

3 (18) in the item relating to Altus Air Force

4 Base, Oklahoma, by striking ‘‘$9,500,000’’ in the

5 amount column and inserting ‘‘$1,500,000’’;

6 (19) by striking the item relating to Tinker Air

7 Force Base, Oklahoma;

8 (20) by striking the item relating to Charleston

9 Air Force Base, South Carolina;

10 (21) in the item relating to Shaw Air Force

11 Base, South Carolina, by striking ‘‘$31,500,000’’ in

12 the amount column and inserting ‘‘$22,200,000’’;

13 (22) by striking the item relating to Ellsworth

14 Air Force Base, South Dakota;

15 (23) by striking the item relating to Laughlin

16 Air Force Base, Texas;

17 (24) by striking the item relating to Sheppard

18 Air Force Base, Texas;

19 (25) in the item relating to Hill Air Force Base,

20 Utah, by striking ‘‘$63,400,000’’ in the amount col21 umn and inserting ‘‘$53,400,000’’; and

22 (26) by striking the item relating to Fairchild

23 Air Force Base, Washington.

24 (b) CONFORMING AMENDMENTS.—Section 2304(a) of

25 such Act (120 Stat. 2455) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘$3,231,442,000’’ and inserting

3 ‘‘$3,005,817,000’’; and

4 (2) in paragraph (1), by striking

5 ‘‘$962,286,000’’ and inserting ‘‘$736,661,000’’.

6 SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT

7 CERTAIN FISCAL YEAR 2006 PROJECT.

8 (a) MODIFICATION.—The table in section 2301(a) of

9 the Military Construction Authorization Act for Fiscal Year

10 2006 (division B of Public Law 109–163; 119 Stat. 3494),

11 as amended by section 2305(a) of the Military Construction

12 Authorization Act for Fiscal Year 2007 (division B of Pub13 lic Law 109–364; 120 Stat. 2456), is further amended in

14 the item relating to MacDill Air Force Base, Florida, by

15 striking ‘‘$101,500,000’’ in the amount column and insert16 ing ‘‘$126,500,000’’.

17 (b) CONFORMING AMENDMENT.—Section 2304(b)(4) of

18 the Military Construction Authorization Act for Fiscal Year

19 2006 (119 Stat. 3496), as amended by section 2305(b) of

20 the Military Construction Authorization Act for Fiscal Year

21 2007 (120 Stat. 2456), is further amended by striking

22 ‘‘$23,300,000’’ and inserting ‘‘$48,300,000’’.
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1 SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 2005 PROJECTS.

3 (a) EXTENSION AND RENEWAL.—Notwithstanding sec4 tion 2701 of the Military Construction Authorization Act

5 for Fiscal Year 2005 (division B of Public Law 108–375;

6 118 Stat. 2116), authorizations set forth in the table in sub7 section (b), as provided in section 2302 of that Act, shall

8 remain in effect until October 1, 2008, or the date of the

9 enactment of an Act authorizing funds for military con10 struction for fiscal year 2009, whichever is later.

11 (b) TABLE.—The table referred to in subsection (a) is

12 as follows:

Air Force: Extension of 2005 Project Authorizations

Installation or Location Project Amount

Davis-Monthan Air Force Base, Arizona.Family housing (250 units) .... $48,500,000

Vandenberg Air Force Base, California.Family housing (120 units) .... $30,906,000

MacDill Air Force Base, Florida ........ Family housing (61 units) ...... $21,723,000

MacDill Air Force Base, Florida ... Housing maintenance facility $1,250,000

Columbus Air Force Base, Mississippi Housing management facility $711,000

Whiteman Air Force Base, Missouri .. Family housing (160 units) .... $37,087,000

Seymour Johnson Air Force Base,

North Carolina.

Family housing (167 units) .... $32,693,000

Goodfellow Air Force Base, Texas ...... Family housing (127 units) .... $20,604,000

Ramstein Air Base, Germany ............. USAFE Theater Aerospace

Operations Support Center.

$24,024,000

13 SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN

14 FISCAL YEAR 2004 PROJECTS.

15 (a) EXTENSION.—Notwithstanding section 2701 of the

16 Military Construction Authorization Act for Fiscal Year

17 2004 (division B of Public Law 108–136; 117 Stat. 1716),

18 authorizations set forth in the table in subsection (b), as
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1 provided in section 2302 of that Act and extended by section

2 2702 of the Military Construction Authorization Act for

3 Fiscal Year 2007 (division B of Public Law 109–364; 120

4 Stat. 2464), shall remain in effect until October 1, 2008,

5 or the date of the enactment of an Act authorizing funds

6 for military construction for fiscal year 2009, whichever is

7 later.

8 (b) TABLE.—The table referred to in subsection (a) is

9 as follows:

Air Force: Extension of 2004 Project Authorizations

Installation or Location Project Amount

Travis Air Force Base, California ...... Family housing (56 units) ...... $12,723,000

Eglin Air Force Base, Florida ............ Family housing (279 units) .... $32,166,000

10 TITLE XXIV—DEFENSE

11 AGENCIES

12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC13 TION AND LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations

16 in section 2403(a)(1), the Secretary of Defense may acquire

17 real property and carry out military construction projects

18 for the installations or locations inside the United States,

19 and in the amounts, set forth in the following tables:

Defense Education Activity

State Installation or Location Amount

North Carolina Marine Corps Base, Camp Lejeune ............................ $2,014,000
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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 ............................................... $26,000,000

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, Coronado ............................ $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 ...................................................................... $108,500,000

Naval Amphibious Base, Little Creek ........................ $99,000,000

Washington ....... Fort Lewis ..................................................................... $77,000,000

TRICARE Management Activity

State Installation or Location Amount

Florida .............. MacDill Air Force Base ............................................... $5,000,000

Illinois ............... Naval Hospital, Great Lakes ....................................... $99,000,000

New York ........... Fort Drum .................................................................... $41,000,000

Texas ................. Camp Bullis .................................................................. $7,400,000

Virginia ............. Naval Station, Norfolk ................................................. $6,450,000

Washington ....... Fort Lewis ..................................................................... $21,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may
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1 acquire real property and carry out military construction

2 projects for the installations or locations outside the United

3 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 Air Base .................................................. $52,852,000

TRICARE Management Activity

Country Installation or Location Amount

Germany ................. Spangdahlem Air Base .......................................... $30,100,000

4 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2403(a)(3), the Secretary of Defense may

7 acquire real property and carry out military construction

8 projects for unspecified installations or locations in the

9 amount set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Classified Classified Project ....................................... $1,887,000

10 SEC. 2402. ENERGY CONSERVATION PROJECTS.

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2403(a)(7), the Sec13 retary of Defense may carry out energy conservation
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1 projects under chapter 173 of title 10, United States Code,

2 in the amount of $70,000,000.

3 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

4 AGENCIES.

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2007, for military

7 construction, land acquisition, and military family housing

8 functions of the Department of Defense (other than the mili9 tary departments) in the total amount of $1,944,529,000

10 as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2401(a),

13 $969,152,000.

14 (2) For military construction projects outside the

15 United States authorized by section 2401(b),

16 $133,809,000.

17 (3) For the military construction projects at un18 specified worldwide locations authorized by section

19 2301(c), $1,887,000.

20 (4) For unspecified minor military construction

21 projects under section 2805 of title 10, United States

22 Code, $23,711,000.

23 (5) For contingency construction projects of the

24 Secretary of Defense under section 2804 of title 10,

25 United States Code, $10,000,000.
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1 (6) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $154,728,000.

4 (7) For energy conservation projects authorized

5 by section 2402 of this Act, $70,000,000.

6 (8) For military family housing functions:

7 (A) For support of military family housing

8 (including functions described in section 2833 of

9 title 10, United States Code), $48,848,000.

10 (B) For credit to the Department of Defense

11 Family Housing Improvement Fund established

12 by section 2883(a)(1) of title 10, United States

13 Code, $500,000.

14 (9) For the construction of increment 3 of the re15 gional security operations center at Kunia, Hawaii,

16 authorized by section 2401(a) of the Military Con17 struction Authorization Act of Fiscal Year 2006 (divi18 sion B of Public Law 109–163; 119 Stat. 3497), as

19 amended by section 7017 of the Emergency Supple20 mental Appropriations Act for Defense, the Global

21 War on Terror, and Hurricane Recovery, 2006 (Pub22 lic Law 109–234; 120 Stat. 485), $136,318,000.

23 (10) For the construction of increment 3 of the

24 regional security operations center at Augusta, Geor25 gia, authorized by section 2401(a) of the Military
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1 Construction Authorization Act of Fiscal Year 2006

2 (division B of Public Law 109–163; 119 Stat. 3497),

3 as amended by section 7016 of the Emergency Supple4 mental Appropriations Act for Defense, the Global

5 War on Terror, and Hurricane Recovery, 2006 (Pub6 lic Law 109–234; 120 Stat. 485), $100,000,000.

7 (11) For the construction of increment 2 of the

8 health clinic replacement at MacDill Air Force Base,

9 Florida, authorized by section 2401(a) of the Military

10 Construction Authorization Act of Fiscal Year 2007

11 (division B of Public Law 109–364; 120 Stat. 2457),

12 $41,400,000.

13 (12) For the construction of increment 2 of the

14 replacement of the Army Medical Research Institute

15 of Infectious Diseases at Fort Detrick, Maryland, au16 thorized by section 2401(a) of the Military Construc17 tion Authorization Act of Fiscal Year 2007 (division

18 B of Public Law 109–364; 120 Stat. 2457),

19 $150,000,000.

20 (13) For the construction of increment 9 of a

21 munitions demilitarization facility at Pueblo Chem22 ical Activity, Colorado, authorized by section 2401(a)

23 of the Military Construction Authorization Act for

24 Fiscal Year 1997 (division B of Public Law 104–201;

25 110 Stat. 2775), as amended by section 2406 of the
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1 Military Construction Authorization Act for Fiscal

2 Year 2000 (division B of Public Law 106–65; 113

3 Stat. 839) and section 2407 of the Military Construc4 tion Authorization Act for Fiscal Year 2003 (division

5 B of Public Law 107–314; 116 Stat. 2698),

6 $35,159,000.

7 (14) For the construction of increment 8 of a

8 munitions demilitarization facility at Blue Grass

9 Army Depot, Kentucky, authorized by section 2401(a)

10 of the Military Construction Authorization Act for

11 Fiscal Year 2000 (division B of Public Law 106–65;

12 113 Stat. 835), as amended by section 2405 of the

13 Military Construction Authorization Act for Fiscal

14 Year 2002 (division B of Public Law 107–107; 115

15 Stat. 1298) and section 2405 of the Military Con16 struction Authorization Act for Fiscal Year 2003 (di17 vision B of Public Law 107–314; 116 Stat. 2698),

18 $69,017,000.

19 SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY

20 TO CARRY OUT CERTAIN FISCAL YEAR 2007

21 DEFENSE AGENCIES PROJECTS.

22 (a) TERMINATION OF INSIDE THE UNITED STATES

23 PROJECTS FOR WHICH FUNDS WERE NOT APPRO24 PRIATED.—The table relating to Special Operations Com25 mand in section 2401(a) of the Military Construction Au-
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1 thorization Act for Fiscal Year 2007 (division B of Public

2 Law 109–364; 120 Stat. 2457) is amended—

3 (1) by striking the item relating to Stennis

4 Space Center, Mississippi; and

5 (2) in the item relating to Fort Bragg, North

6 Carolina, by striking ‘‘$51,768,000’’ in the amount

7 column and inserting ‘‘$44,868,000’’.

8 (b) MODIFICATION OF AUTHORITY TO CARRY OUT

9 CERTAIN BASE CLOSURE AND REALIGNMENT ACTIVI10 TIES.—Section 2405(a)(7) of that Act (120 Stat. 2460) is

11 amended by striking ‘‘$191,220,000’’ and inserting

12 ‘‘$252,279,000’’.

13 (c) MODIFICATION OF CERTAIN INSIDE THE UNITED

14 STATES PROJECT.—Section 2405(a)(15) of that Act (120

15 Stat. 2461) is amended by striking ‘‘$99,157,000’’ and in16 serting ‘‘$89,157,000’’.

17 (d) CONFORMING AMENDMENTS.—Section 2405(a) of

18 that Act, as amended by subsections (a) through (c), is fur19 ther amended—

20 (1) in the matter preceding paragraph (1), by

21 striking ‘‘$7,163,431,000’’ and inserting

22 ‘‘$7,197,390,000’’; and

23 (2) in paragraph (1), by striking

24 ‘‘$533,099,000’’ and inserting ‘‘$515,999,000’’.
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1 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 2005 PROJECTS.

3 (a) EXTENSION AND RENEWAL.—Notwithstanding sec4 tion 2701 of the Military Construction Authorization Act

5 for Fiscal Year 2005 (division B of Public Law 108–375;

6 118 Stat. 2116), authorizations set forth in the table in sub7 section (b), as provided in section 2401 of that Act, shall

8 remain in effect until October 1, 2008, or the date of the

9 enactment of an Act authorizing funds for military con10 struction for fiscal year 2009, whichever is later.

11 (b) TABLE.—The table referred to in subsection (a) is

12 as follows:

Defense Wide: Extension of 2005 Project Authorizations

Installation or Location Agency and Project Amount

Naval Air Station, Oceana, Virginia ....... DLA bulk fuel storage tank $3,589,000

Naval Air Station, Jacksonville, Florida TMA hospital project ......... $28,438,000

13 SEC. 2406. MUNITIONS DEMILITARIZATION FACILITIES,

14 BLUE GRASS ARMY DEPOT, KENTUCKY, AND

15 PUEBLO CHEMICAL ACTIVITY, COLORADO.

16 (a) AUTHORITY TO INCREASE AMOUNT FOR CON17 STRUCTION OF MUNITIONS DEMILITARIZATION FACILITY,

18 BLUE GRASS ARMY DEPOT, KENTUCKY.—Pursuant to the

19 authority granted for this project by section 2401(a) of the

20 Military Construction Authorization Act for Fiscal Year

21 2000 (division B of Public Law 106–65; 113 Stat. 836),

22 as amended by section 2405 of the Military Construction
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1 Authorization Act for Fiscal Year 2002 (division B of Pub2 lic Law 107–107; 115 Stat. 1298) and section 2405 of the

3 Military Construction Authorization Act for Fiscal Year

4 2003 (division B of Public Law 107–314; 116 Stat. 2698),

5 the amount authorized to be appropriated by section

6 2403(14) of this Act for the construction of increment 8 of

7 a munitions demilitarization facility at Blue Grass Army

8 Depot, Kentucky, may, subject to the approval of the Sec9 retary of Defense, be increased by up to $17,300,000 using

10 funds from the amounts authorized to be appropriated by

11 section 2403(1) of this Act.

12 (b) AUTHORITY TO INCREASE AMOUNT FOR CON13 STRUCTION OF MUNITIONS DEMILITARIZATION FACILITY,

14 PUEBLO CHEMICAL ACTIVITY, COLORADO.—Pursuant to

15 the authority granted for this project by section 2401(a) of

16 the Military Construction Authorization Act for Fiscal Year

17 1997 (Public Law 104–201; 110 Stat. 2775), as amended

18 by section 2406 of the Military Construction Authorization

19 Act for Fiscal Year 2000 (division B of Public Law 106–

20 65; 113 Stat. 839) and section 2407 of the Military Con21 struction Authorization Act for Fiscal Year 2003 (division

22 B of Public Law 107–314; 116 Stat. 2698), the amount au23 thorized to be appropriated by section 2403(14) of this Act

24 for the construction of increment 9 of a munitions demili25 tarization facility at Pueblo Chemical Activity, Colorado
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1 may, subject to the approval of the Secretary of Defense,

2 be increased by up to $32,000,000 using funds from the

3 amounts authorized to be appropriated by section 2403(1)

4 of this Act.

5 (c) CERTIFICATION REQUIREMENT.—Prior to exer6 cising the authority provided in subsection (a) or (b), the

7 Secretary of Defense shall provide to the congressional de8 fense committees the following:

9 (1) Certification that the increase in the amount

10 authorized to be appropriated—

11 (A) is in the best interest of national secu12 rity; and

13 (B) will facilitate compliance with the

14 deadline set forth in subsection (d)(1).

15 (2) A statement that the increased amount au16 thorized to be appropriated will be used to carry out

17 authorized military construction activities.

18 (3) A notification of the action in accordance

19 with section 2811.

20 (d) DEADLINE FOR DESTRUCTION OF CHEMICAL

21 AGENTS AND MUNITIONS STOCKPILE.—

22 (1) DEADLINE.—Notwithstanding any other pro23 vision of law, the Department of Defense shall com24 plete work on the destruction of the entire United

25 States stockpile of lethal chemical agents and muni-
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1 tions, including those stored at Blue Grass Army

2 Depot, Kentucky, and Pueblo Chemical Depot, Colo3 rado, by the deadline established by the Chemical

4 Weapons Convention, and in no circumstances later

5 than December 31, 2017.

6 (2) REPORT.—

7 (A) IN GENERAL.—Not later than December

8 31, 2007, and every 180 days thereafter, the Sec9 retary of Defense shall submit to the parties de10 scribed in paragraph (2) a report on the progress

11 of the Department of Defense toward compliance

12 with this subsection.

13 (B) PARTIES RECEIVING REPORT.—The

14 parties referred to in paragraph (1) are the

15 Speaker of the House of the Representatives, the

16 Majority and Minority Leaders of the House of

17 Representatives, the Majority and Minority

18 Leaders of the Senate, and the congressional de19 fense committees.

20 (C) CONTENT.—Each report submitted

21 under subparagraph (A) shall include the up22 dated and projected annual funding levels nec23 essary to achieve full compliance with this sub24 section. The projected funding levels for each re25 port shall include a detailed accounting of the
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1 complete life-cycle costs for each of the chemical

2 disposal projects.

3 (3) CHEMICAL WEAPONS CONVENTION DE4 FINED.—In this subsection, the term ‘‘Chemical

5 Weapons Convention’’ means the Convention on the

6 Prohibition of Development, Production, Stockpiling

7 and Use of Chemical Weapons and on Their Destruc8 tion, with annexes, done at Paris, January 13, 1993,

9 and entered into force April 29, 1997 (T. Doc. 103–

10 21).

11 (4) APPLICABILITY; RULE OF CONSTRUCTION.—

12 This subsection shall apply to fiscal year 2008 and

13 each fiscal year thereafter, and shall not be modified

14 or repealed by implication.

15 TITLE XXV—NORTH ATLANTIC

16 TREATY ORGANIZATION SE17 CURITY INVESTMENT PRO18 GRAM

19 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

20 ACQUISITION PROJECTS.

21 The Secretary of Defense may make contributions for

22 the North Atlantic Treaty Organization Security Invest23 ment Program as provided in section 2806 of title 10,

24 United States Code, in an amount not to exceed the sum

25 of the amount authorized to be appropriated for this pur-
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1 pose in section 2502 and the amount collected from the

2 North Atlantic Treaty Organization as a result of construc3 tion previously financed by the United States.

4 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2007, for contribu7 tions by the Secretary of Defense under section 2806 of title

8 10, United States Code, for the share of the United States

9 of the cost of projects for the North Atlantic Treaty Organi10 zation Security Investment Program authorized by section

11 2501, in the amount of $201,400,000.

12 TITLE XXVI—GUARD AND

13 RESERVE FORCES FACILITIES

14 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON15 STRUCTION AND LAND ACQUISITION

16 PROJECTS.

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2606(1)(A), the Sec19 retary of the Army may acquire real property and carry

20 out military construction projects for the Army National

21 Guard locations, and in the amounts, set forth in the fol22 lowing table:

Army National Guard

State Location Amount

Alabama ................................ Springville .................................................... $3,300,000

Arkansas ................................ Camp Robinson ........................................... $23,923,000

Arizona .................................. Florence ........................................................ $10,870,000

California .............................. Sacramento Army Depot ............................ $21,000,000
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Army National Guard—Continued

State Location Amount

Camp Roberts ............................................... $2,850,000

Connecticut ............................ Niantic .......................................................... $13,600,000

Florida ................................... Jacksonville .................................................. $12,200,000

Idaho ...................................... Gowen Field ................................................. $7,615,000

Orchard Training Area ............................... $1,700,000

Illinois ................................... St. Clair County .......................................... $8,100,000

Iowa ....................................... Iowa City ..................................................... $13,186,000

Michigan ................................ Camp Grayling ............................................ $2,450,000

Lansing ......................................................... $4,239,000

Minnesota .............................. Camp Ripley ................................................ $4,850,000

Mississippi ............................ Camp Shelby ................................................ $4,000,000

Missouri ................................. Whiteman Air Force Base .......................... $30,000,000

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

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 .............................................. $4,500,000

Wyoming ............................... Camp Guernsey ........................................... $2,650,000

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION

2 AND LAND ACQUISITION PROJECTS.

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(1)(B), the Sec5 retary of the Army may acquire real property and carry

6 out military construction projects for the Army Reserve lo7 cations, and in the amounts, set forth in the following table:

Army Reserve

State Location Amount

California .............................. Fort Hunter Liggett .................................... $7,035,000

Garden Grove ............................................... $25,440,000
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Army Reserve—Continued

State Location Amount

Montana ................................ Butte ............................................................. $7,629,000

New Jersey ............................ Fort Dix ....................................................... $17,000,000

New York ............................... Fort Drum .................................................... $15,923,000

Texas ...................................... Ellington Field ............................................ $15,000,000

Fort Worth ................................................... $15,076,000

Wisconsin .............................. Ellsworth ...................................................... $9,100,000

Fort McCoy .................................................. $8,523,000

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE

2 CORPS RESERVE CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(a)(2), the Sec6 retary of the Navy may acquire real property and carry

7 out military construction projects for the Navy Reserve and

8 Marine Corps Reserve locations, and in the amounts, set

9 forth in the following table:

Navy Reserve and Marine Corps Reserve

State Location Amount

California .............................. Miramar ....................................................... $5,580,000

Michigan ................................ Selfridge ........................................................ $4,030,000

Ohio ....................................... Wright-Patterson Air Force Base ............... $10,277,000

Oregon .................................... Portland ....................................................... $1,900,000

South Dakota ........................ Sioux Falls ................................................... $3,730,000

Texas ...................................... Austin ........................................................... $6,490,000

Fort Worth ................................................... $22,514,000

Virginia ................................. Quantico ....................................................... $2,410,000

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS.

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(3)(A), the Sec14 retary of the Air Force may acquire real property and

15 carry out military construction projects for the Air Na-
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1 tional Guard locations, and in the amounts, set forth in

2 the following table:

Air National Guard

State Location Amount

Colorado ................................ Buckley Air National Guard Base ........... $7,300,000

Delaware ............................... New Castle .................................................. $10,800,000

Georgia .................................. Savannah International Airport .............. $9,000,000

Indiana ................................. Hulman Regional Airport ......................... $7,700,000

Kansas ................................... Smoky Hill Air National Guard Range .. $9,000,000

Louisiana .............................. Camp Beauregard ...................................... $1,800,000

Massachusetts ........................ Otis Air National Guard Base .................. $1,800,000

New Hampshire .................... Pease Air National Guard Base ............... $8,900,000

Nebraska ................................ Lincoln ........................................................ $8,900,000

Nevada .................................. Reno-Tahoe International Airport ............ $5,200,000

New York ............................... Gabreski Airport ........................................ $8,400,000

Pennsylvania ........................ Fort Indiantown Gap ................................ $12,700,000

Rhode Island ......................... Quonset State Airport ................................ $5,000,000

South Dakota ........................ Joe Foss Field ............................................. $7,900,000

Tennessee ............................... McGhee-Tyson Airport ............................... $3,200,000

Memphis International Airport ................ $11,376,000

Vermont ................................. Burlington .................................................. $6,600,000

West Virginia ....................... Eastern West Virginia Regional AirportShepherd Field.$50,776,000

Yeager .......................................................... $17,300,000

Wisconsin .............................. Truax Field ................................................. $7,300,000

3 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606(3)(B), the Sec7 retary of the Air Force may acquire real property and

8 carry out military construction projects for the Air Force

9 Reserve locations, and in the amounts, set forth in the fol10 lowing table:

Air Force Reserve

State Location Amount

Alaska .................................... Elmendorf Air Force Base .......................... $14,950,000

Utah ....................................... Hill Air Force Base ..................................... $3,200,000
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1 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD

2 AND RESERVE.

3 Funds are hereby authorized to be appropriated for fis4 cal years beginning after September 30, 2007, for the costs

5 of acquisition, architectural and engineering services, and

6 construction of facilities for the Guard and Reserve Forces,

7 and for contributions therefor, under chapter 1803 of title

8 10, United States Code (including the cost of acquisition

9 of land for those facilities), in the following amounts:

10 (1) For the Department of the Army—

11 (A) for the Army National Guard of the

12 United States, $458,515,000; and

13 (B) for the Army Reserve, $134,684,000.

14 (2) For the Department of the Navy, for the

15 Navy and Marine Corps Reserve, $59,150,000.

16 (3) For the Department of the Air Force—

17 (A) for the Air National Guard of the

18 United States, $216,417,000; and

19 (B) for the Air Force Reserve, $26,559,000.

20 SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT

21 FISCAL YEAR 2007 GUARD AND RESERVE

22 PROJECTS FOR WHICH FUNDS WERE NOT AP23 PROPRIATED.

24 Section 2601 of the Military Construction Authoriza25 tion Act for Fiscal Year 2007 (division B of Public Law

26 109–364; 120 Stat. 2463) is amended—
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1 (1) in paragraph (1)—

2 (A) in subparagraph (A), by striking

3 ‘‘$561,375,000’’ and inserting ‘‘$476,697,000’’;

4 and

5 (B) in subparagraph (B), by striking

6 ‘‘$190,617,000’’ and inserting ‘‘$167,987,000’’;

7 (2) in paragraph (2), by striking ‘‘49,998,000’’

8 and inserting ‘‘$43,498,000’’; and

9 (3) in paragraph (3)—

10 (A) in subparagraph (A), by striking

11 ‘‘$294,283,000’’ and inserting ‘‘$133,983,000’’;

12 and

13 (B) in subparagraph (B), by striking

14 ‘‘$56,836,000’’ and inserting ‘‘$47,436,000’’.

15 SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT

16 FISCAL YEAR 2006 AIR FORCE RESERVE CON17 STRUCTION AND ACQUISITION PROJECTS.

18 Section 2601(3)(B) of the Military Construction Au19 thorization Act for Fiscal Year 2006 (division B of Public

20 Law 109–163; 119 Stat. 3501) is amended by striking

21 ‘‘$105,883,000’’ and inserting ‘‘$102,783,000’’.

22 SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN

23 FISCAL YEAR 2005 PROJECTS.

24 (a) EXTENSION AND RENEWAL.—Notwithstanding sec25 tion 2701 of the Military Construction Authorization Act
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1 for Fiscal Year 2005 (division B of Public Law 108–375;

2 118 Stat. 2116), the authorizations set forth in the tables

3 in subsection (b), as provided in section 2601 of that Act,

4 shall remain in effect until October 1, 2008, or the date

5 of the enactment of an Act authorizing funds for military

6 construction for fiscal year 2009, whichever is later.

7 (b) TABLES.—The tables referred to in subsection (a)

8 are as follows:

Army National Guard: Extension of 2005 Project Authorizations

Installation or Location Project Amount

Dublin, California ...................................... Readiness center ................. $11,318,000

Gary, Indiana ............................................ Reserve center ..................... $9,380,000

Army Reserve: Extension of 2005 Project Authorization

Installation or Location Project Amount

Corpus Christi (Robstown), Texas ............ Storage facility ................... $9,038,000

9 SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN

10 FISCAL YEAR 2004 PROJECTS.

11 (a) EXTENSION.—Notwithstanding section 2701 of the

12 Military Construction Authorization Act for Fiscal Year

13 2004 (division B of Public Law 108–136; 117 Stat. 1716),

14 the authorizations set forth in the table in subsection (b),

15 as provided in section 2601 of that Act and extended by

16 section 2702 of the Military Construction Authorization Act

17 for Fiscal Year 2007 (division B of Public Law 109–364;

18 120 Stat. 2464), shall remain in effect until October 1,

19 2008, or the date of the enactment of an Act authorizing
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1 funds for military construction for fiscal year 2009, which2 ever is later.

3 (b) TABLE.—The table referred to in subsection (a) is

4 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, Pennsylvania Multipurpose training range ... $15,338,000

5 SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED

6 STATES ARMY RESERVE CENTER AND NAVY7 MARINE CORPS RESERVE CENTER, BATON

8 ROUGE, LOUISIANA.

9 For the purpose of siting an Army Reserve Center and

10 Navy-Marine Corps Reserve Center for which funds are au11 thorized to be appropriated in this Act in Baton Rouge,

12 Louisiana, the Secretary of the Army may use land under

13 the control of the State of Louisiana adjacent to, or in the

14 vicinity of the Baton Rouge airport, Baton Rouge, Lou15 isiana at a location determined by the Secretary to be in

16 the best interest of national security and in the public inter17 est.
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1 TITLE XXVII—BASE CLOSURE

2 AND REALIGNMENT ACTIVITIES

3 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE

4 CLOSURE AND REALIGNMENT ACTIVITIES

5 FUNDED THROUGH DEPARTMENT OF DE6 FENSE BASE CLOSURE ACCOUNT 1990.

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2007, for base clo9 sure and realignment activities, including real property ac10 quisition and military construction projects, as authorized

11 by the Defense Base Closure and Realignment Act of 1990

12 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

13 2687 note) and funded through the Department of Defense

14 Base Closure Account 1990 established by section 2906 of

15 such Act, in the total amount of $220,689,000, as follows:

16 (1) For the Department of the Army,

17 $73,716,000.

18 (2) For the Department of the Air Force,

19 $143,260,000.

20 (3) For the Defense Agencies, $3,713,000.
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1 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005.

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2703, the Secretary of

7 Defense may carry out base closure and realignment activi8 ties, including real property acquisition and military con9 struction projects, as authorized by the Defense Base Closure

10 and Realignment Act of 1990 (part A of title XXIX of Pub11 lic Law 101–510; 10 U.S.C. 2687 note) and funded through

12 the Department of Defense Base Closure Account 2005 es13 tablished by section 2906A of such Act, in the amount of

14 $8,718,988,000.

15 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE

16 CLOSURE AND REALIGNMENT ACTIVITIES

17 FUNDED THROUGH DEPARTMENT OF DE18 FENSE BASE CLOSURE ACCOUNT 2005.

19 Funds are hereby authorized to be appropriated for fis20 cal years beginning after September 30, 2007, for base clo21 sure and realignment activities, including real property ac22 quisition and military construction projects, as authorized

23 by the Defense Base Closure and Realignment Act of 1990

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

25 2687 note) and funded through the Department of Defense
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1 Base Closure Account 2005 established by section 2906A of

2 such Act, in the total amount of $8,174,315,000, as follows:

3 (1) For the Department of the Army,

4 $4,015,746,000.

5 (2) For the Department of the Navy,

6 $733,695,000.

7 (3) For the Department of the Air Force,

8 $1,183,812,000.

9 (4) For the Defense Agencies, $2,241,062,000.

10 SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARI11 ATIONS.

12 For military construction projects carried out using

13 amounts appropriated pursuant to the authorization of ap14 propriations in sections 2701 and 2703 of this title and

15 section 2405(a)(8) of the Military Construction Authoriza16 tion Act for Fiscal Year 2007 (division B of Public Law

17 109–364; 120 Stat. 2460), section 2853 of title 10, United

18 States Code, shall apply for variations to the cost and scope

19 of work for each military construction project requested to

20 the congressional defense committees as part of the budget

21 justification materials submitted to Congress in support of

22 the Department of Defense budget for fiscal year 2007 and

23 2008 (as submitted with the budget of the President under

24 section 1105(a) of title 31, United States Code).
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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS

4 Subtitle A—Effective Date and

5 Expiration of Authorizations

6 SEC. 2801. EFFECTIVE DATE.

7 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII,

8 and XXIX shall take effect on the later of—

9 (1) October 1, 2007; or

10 (2) the date of the enactment of this Act.

11 SEC. 2802. EXPIRATION OF AUTHORIZATIONS AND

12 AMOUNTS REQUIRED TO BE SPECIFIED BY

13 LAW.

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVI and title

17 XXIX for military construction projects, land acquisition,

18 family housing projects and facilities, and contributions to

19 the North Atlantic Treaty Organization Security Invest20 ment Program (and authorizations of appropriations there21 for) shall expire on the later of—

22 (1) October 1, 2010; or

23 (2) the date of the enactment of an Act author24 izing funds for military construction for fiscal year

25 2011.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Security

5 Investment Program (and authorizations of appropriations

6 therefor), for which appropriated funds have been obligated

7 before the later of—

8 (1) October 1, 2010; or

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2011 for military construc11 tion projects, land acquisition, family housing

12 projects and facilities, or contributions to the North

13 Atlantic Treaty Organization Security Investment

14 Program.

15 Subtitle B—Military Construction

16 Program and Military Family

17 Housing Changes

18 SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER

19 AUTHORITY.

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

21 (1) AUTHORITY.—Upon a determination by the

22 Secretary of a military department, or with respect

23 to the Defense Agencies, the Secretary of Defense, that

24 such action is necessary in the national interest, the

25 Secretary concerned may transfer amounts of author-
†

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1 izations made available to that military department

2 or Defense Agency in this division for fiscal year

3 2008 between any such authorizations for that mili4 tary department or Defense Agency for that fiscal

5 year. Amounts of authorizations so transferred shall

6 be merged with and be available for the same pur7 poses as the authorization to which transferred.

8 (2) AGGREGATE LIMIT.—The aggregate amount

9 of authorizations that the Secretaries concerned may

10 transfer under the authority of this section may not

11 exceed $200,000,000.

12 (b) LIMITATION.—The authority provided by this sec13 tion to transfer authorizations may only be used to fund

14 increases in the cost or scope of military construction

15 projects that have been authorized by law.

16 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans17 fer made from one account to another under the authority

18 of this section shall be deemed to increase the amount au19 thorized for the account to which the amount is transferred

20 by an amount equal to the amount transferred.

21 (d) NOTICE TO CONGRESS.—The Secretary concerned

22 shall promptly notify Congress of each transfer made by

23 that Secretary under subsection (a).
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1 SEC. 2812. MODIFICATIONS OF AUTHORITY TO LEASE MILI2 TARY FAMILY HOUSING.

3 (a) INCREASED MAXIMUM LEASE AMOUNT APPLICA4 BLE TO CERTAIN DOMESTIC ARMY FAMILY HOUSING

5 LEASES.—Subsection (b) of section 2828 of title 10, United

6 States Code, is amended—

7 (1) in paragraph (2), by striking ‘‘paragraphs

8 (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and

9 (7)’’;

10 (2) in paragraph (5), by striking ‘‘paragraphs

11 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and

12 (7)’’; and

13 (3) by adding at the end the following new para14 graph:

15 ‘‘(7)(A) Not more than 600 housing units may be

16 leased by the Secretary of the Army under subsection (a)

17 for which the expenditure for the rental of such units (in18 cluding the cost of utilities, maintenance, and operation)

19 exceeds the maximum amount per unit per year in effect

20 under paragraph (2) but does not exceed $18,620 per unit

21 per year, as adjusted from time to time under paragraph

22 (5).

23 ‘‘(B) The maximum lease amount provided in sub24 paragraph (A) shall apply only to Army family housing

25 in areas designated by the Secretary of the Army.
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1 ‘‘(C) The term of a lease under subparagraph (A) may

2 not exceed 2 years.’’.

3 (b) INCREASED MAXIMUM LEASE AMOUNT APPLICA4 BLE TO FOREIGN MILITARY FAMILY HOUSING LEASES.—

5 Subsection (e) of such section is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘(1)’’ and inserting

8 ‘‘(1)(A)’’;

9 (B) by striking the second sentence; and

10 (C) by adding at the end the following new

11 subparagraph:

12 ‘‘(B)(i) Subject to clause (ii), the maximum lease

13 amounts in subparagraph (A) may be waived and increased

14 up to a maximum of $100,000 per unit per year.

15 ‘‘(ii) The Secretary concerned may not exercise the

16 waiver authority under clause (i) until the Secretary has

17 notified the congressional defense committees of such pro18 posed waiver and the reasons therefor and a period of 21

19 days has elapsed or, if over sooner, 14 days after such notice

20 is provided in an electronic medium pursuant to section

21 480 of this title.’’;

22 (2) in paragraph (2), by striking ‘‘the Secretary

23 of the Navy may lease not more than 2,800 units of

24 family housing in Italy, and the Secretary of the

25 Army may lease not more than 500 units of family
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1 housing in Italy’’ and inserting ‘‘the Secretaries of

2 the military departments may lease not more than

3 3,300 units of family housing in Italy’’; and

4 (3) in paragraph (4), by striking ‘‘$35,000’’ and

5 inserting ‘‘$35,050’’.

6 (c) INCREASED THRESHOLD FOR CONGRESSIONAL NO7 TIFICATION FOR FOREIGN MILITARY FAMILY HOUSING

8 LEASES.—Subsection (f) of such section is amended by

9 striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

10 SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED

11 MINOR MILITARY CONSTRUCTION PROJECTS.

12 (a) INCREASE.—Section 2805(a)(1) of title 10, United

13 States Code, is amended—

14 (1) by striking ‘‘$1,500,000’’ and inserting

15 ‘‘$2,500,000’’; and

16 (2) by striking ‘‘$3,000,000’’ and inserting

17 ‘‘$4,000,000’’.

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect on October 1, 2007.
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1 SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY,

2 LIMITED AUTHORITY TO USE OPERATION

3 AND MAINTENANCE FUNDS FOR CONSTRUC4 TION PROJECTS OUTSIDE THE UNITED

5 STATES.

6 Section 2808 of the Military Construction Authoriza7 tion Act for Fiscal Year 2004 (division B of Public Law

8 108–136; 117 Stat. 1723), as amended by section 2810 of

9 the Military Construction Authorization Act for Fiscal Year

10 2005 (division B of Public Law 108–375; 118 Stat. 2128),

11 section 2809 of the Military Construction Authorization Act

12 for Fiscal Year 2006 (division B of Public Law 109–163;

13 119 Stat. 3508), and section 2802 of the Military Construc14 tion Authorization Act for Fiscal Year 2007 (division B

15 of Public Law 109–364; 120 Stat. 2466), is further

16 amended—

17 (1) in subsection (a), by striking ‘‘2007’’ and in18 serting ‘‘2008’’; and

19 (2) in subsection (c)—

20 (A) in paragraph (1), by striking ‘‘(1) The

21 total’’ and inserting ‘‘The total’’; and

22 (B) by striking paragraphs (2) and (3).
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1 SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITAL2 IZATION OF DEPARTMENT OF DEFENSE LAB3 ORATORIES THROUGH UNSPECIFIED MINOR

4 MILITARY CONSTRUCTION PROJECTS.

5 (a) LABORATORY REVITALIZATION.—For the revital6 ization and recapitalization of laboratories owned by the

7 United States and under the jurisdiction of the Secretary

8 concerned, the Secretary concerned may obligate and

9 expend—

10 (1) from appropriations available to the Sec11 retary concerned for operation and maintenance,

12 amounts necessary to carry out an unspecified minor

13 military construction project costing not more than

14 $1,000,000; or

15 (2) from appropriations available to the Sec16 retary concerned for military construction not other17 wise authorized by law, amounts necessary to carry

18 out an unspecified minor military construction

19 project costing not more than $2,500,000.

20 (b) FISCAL YEAR LIMITATION APPLICABLE TO INDI21 VIDUAL LABORATORIES.—For purposes of this section, the

22 total amount allowed to be applied in any one fiscal year

23 to projects at any one laboratory shall be limited to the

24 larger of the amounts applicable under subsection (a).

25 (c) LABORATORY DEFINED.—In this section, the term

26 ‘‘laboratory’’ includes—
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1 (1) a research, engineering, and development

2 center;

3 (2) a test and evaluation activity; and

4 (3) any buildings, structures, or facilities located

5 at and supporting such center or activity.

6 (d) SUNSET.—The authority to carry out a project

7 under this section expires on September 30, 2012.

8 SEC. 2816. TWO-YEAR EXTENSION OF TEMPORARY PRO9 GRAM TO USE MINOR MILITARY CONSTRUC10 TION AUTHORITY FOR CONSTRUCTION OF

11 CHILD DEVELOPMENT CENTERS.

12 (a) EXTENSION.—Subsection (e) of section 2810 of the

13 Military Construction Authorization Act for Fiscal Year

14 2006 (division B of Public Law 109–163; 119 Stat. 3510)

15 is amended by striking ‘‘September 30, 2007’’ and inserting

16 ‘‘September 30, 2009’’.

17 (b) REPORT REQUIRED.—Subsection (d) of such sec18 tion is amended to read as follows:

19 ‘‘(d) REPORTS REQUIRED.—Not later than March 1,

20 2007, and March 1, 2009, the Secretary of Defense shall

21 submit to the congressional committees reports on the pro22 gram authorized by this section. Each report shall include

23 a list and description of the construction projects carried

24 out under the program, including the location and cost of

25 each project.’’.
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1 SEC. 2817. EXTENSION OF AUTHORITY TO ACCEPT EQUALI2 ZATION PAYMENTS FOR FACILITY EX3 CHANGES.

4 Section 2809(c)(5) of the Military Construction Au5 thorization Act for Fiscal Year 2005 (division B of Public

6 Law 108–375; 118 Stat. 2127) is amended by striking

7 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2010’’.

8 SEC. 2818. CLARIFICATION OF REQUIREMENT FOR AUTHOR9 IZATION OF MILITARY CONSTRUCTION.

10 (a) CLARIFICATION OF REQUIREMENT FOR AUTHOR11 IZATION.—Section 2802(a) of title 10, United States Code,

12 is amended by inserting after ‘‘military construction

13 projects’’ the following: ‘‘, land acquisitions, and defense ac14 cess road projects (as described under section 210 of title

15 23)’’.

16 (b) CLARIFICATION OF DEFINITION.—Section 2801(a)

17 of such title is amended by inserting after ‘‘permanent re18 quirements’’ the following: ‘‘, or any acquisition of land or

19 construction of a defense access road (as described in section

20 210 of title 23)’’.
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1 Subtitle C—Real Property and

2 Facilities Administration

3 SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RE4 SULTING IN ANNUAL COSTS OF MORE THAN

5 $750,000.

6 Section 2662(a)(1) of title 10, United States Code, is

7 amended—

8 (1) by striking ‘‘or his designee’’ and inserting

9 ‘‘or the Secretary’s designee, or with respect to a De10 fense Agency, the Secretary of Defense or the Sec11 retary’s designee’’; and

12 (2) by adding at the end the following new sub13 paragraph:

14 ‘‘(G) Any transaction or contract action that re15 sults in, or includes, the acquisition or use by, or the

16 lease or license to, the United States of real property,

17 if the estimated annual rental or cost for the use of

18 the real property is more than $750,000.’’.

19 SEC. 2832. MODIFICATION OF AUTHORITY TO LEASE NON20 EXCESS PROPERTY.

21 (a) INCREASED USE OF COMPETITIVE PROCEDURES

22 FOR SELECTION OF CERTAIN LESSEES.—Section

23 2667(h)(1) of title 10, United States Code, is amended by

24 striking ‘‘exceeds one year, and the fair market value of the
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1 lease’’ and inserting ‘‘exceeds one year, or the fair market

2 value of the lease’’.

3 (b) MODIFICATION OF AUTHORITIES RELATED TO FA4 CILITIES OPERATION SUPPORT.—

5 (1) ELIMINATION OF AUTHORITY TO ACCEPT FA6 CILITIES OPERATION SUPPORT AS IN-KIND CONSIDER7 ATION.—Section 2667(c)(1) of title 10, United States

8 Code, is amended—

9 (A) by striking subparagraph (D); and

10 (B) by redesignating subparagraph (E) as

11 subparagraph (D).

12 (2) ELIMINATION OF AUTHORITY TO USE RENTAL

13 AND CERTAIN OTHER PROCEEDS FOR FACILITIES OP14 ERATION SUPPORT.—Section 2667(e)(1)(C) of title 10,

15 United States Code, is amended by striking clause

16 (iv).

17 (c) TECHNICAL AMENDMENTS.—Section 2667(e) of

18 title 10, United States Code, is further amended—

19 (1) in paragraph (1)(B)(ii), by striking ‘‘para20 graph (4), (5), or (6)’’ and inserting ‘‘paragraph (3),

21 (4), or (5)’’; and

22 (2) by redesignating paragraphs (4), (5), and (6)

23 as paragraphs (3), (4), and (5).
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1 SEC. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND

2 BUFFER ZONES.

3 Section 2684a(d) of title 10, United States Code, is

4 amended—

5 (1) by redesignating paragraphs (3), (4), (5),

6 and (6) as paragraphs (4), (5), (6), and (7), respec7 tively;

8 (2) by inserting after paragraph (2) the fol9 lowing new paragraph:

10 ‘‘(3) Subject to the availability of appropriations

11 for such purpose, an agreement with an eligible entity

12 under subsection (a)(2) may provide for the manage13 ment of natural resources and the contribution by the

14 United States towards natural resource management

15 costs on any real property in which a military de16 partment has acquired any right title or interest in

17 accordance with paragraph (1)(A) where there is a

18 demonstrated need to preserve or restore habitat for

19 purposes of subsection (a)(2).’’; and

20 (3) in paragraph (4)(C), as redesignated by

21 paragraph (1), by striking ‘‘paragraph (4)’’ and in22 serting ‘‘paragraph (5), unless the Secretary con23 cerned certifies in writing to the Committees on

24 Armed Services of the Senate and the House of Rep25 resentatives that the military value to the United

26 States as a result of the acquisition of such property
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1 or interest in property justifies the payment of costs

2 in excess of the fair market value of such property or

3 interest. Such certification shall include a detailed de4 scription of the military value to be obtained in each

5 such case. The Secretary concerned may not acquire

6 such property or interest until 14 days after the date

7 on which the certification is provided to the Commit8 tees or, if earlier, 10 days after the date on which a

9 copy of such certification is provided in an electronic

10 medium pursuant to section 480 of this title’’.

11 SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPER12 ATIONAL RANGES.

13 (a) REPORT ON UTILIZATION AND POTENTIAL EXPAN14 SION OF ARMY OPERATIONAL RANGES.—Section 2827(c) of

15 the Military Construction Authorization Act for Fiscal Year

16 2007 (division B of Public Law 109–364; 120 Stat. 2479)

17 is amended—

18 (1) in paragraph (1), by striking ‘‘February 1,

19 2007’’ and inserting ‘‘December 31, 2007’’; and

20 (2) in paragraph (2)—

21 (A) in subparagraph (B), by amending

22 clauses (iv) and (v) to read as follows:

23 ‘‘(iv) the proposal contained in the

24 budget justification materials submitted in

25 support of the Department of Defense budget
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1 for fiscal year 2008 to increase the size of

2 the active component of the Army to

3 547,400 personnel by the end of fiscal year

4 2012; or

5 ‘‘(v) high operational tempos or surge

6 requirements.’’; and

7 (B) by adding at the end the following new

8 subparagraphs:

9 ‘‘(F) An analysis of the cost of, potential

10 military value of, and potential legal or prac11 tical impediments to, the expansion of the Joint

12 Readiness Training Center at Fort Polk, Lou13 isiana, through the acquisition of additional

14 land adjacent to or in the vicinity of the instal15 lation that is under the control of the United

16 States Forest Service.

17 ‘‘(G) An analysis of the impact of the pro18 posal described in subparagraph (B)(iv) on the

19 plan developed prior to such proposal to relocate

20 forces from Germany to the United States and

21 vacate installations in Germany as part of the

22 Integrated Global Presence and Basing Strategy,

23 including a comparative analysis of—

24 ‘‘(i) the projected utilization of the

25 Army’s three combat training centers if all
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1 of the six light infantry brigades proposed

2 to be added to the active component of the

3 Army would be based in the United States;

4 and

5 ‘‘(ii) the projected utilization of such

6 ranges if at least one of those six brigades

7 would be based in Germany.

8 ‘‘(H) If the analysis required by subpara9 graph (G) indicates that the Joint Multi-Na10 tional Readiness Center in Hohenfels, Germany,

11 or the Army’s training complex at Grafenwoehr,

12 Germany, would not be fully utilized under the

13 basing scenarios analyzed, an estimate of the cost

14 to replicate the training capability at that center

15 in another location.’’.

16 (b) REPORT ON POTENTIAL EXPANSION OF MARINE

17 CORPS OPERATIONAL RANGES.—

18 (1) REPORT REQUIRED.—Not later than Decem19 ber 31, 2007, the Secretary of the Navy shall submit

20 to the congressional defense committees a report con21 taining an assessment of the operational ranges used

22 to support training and range activities of the Ma23 rine Corps.

24 (2) CONTENT.—The report required under para25 graph (1) shall include the following information:
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1 (A) The size, description, and mission-essen2 tial tasks supported by each major Marine Corps

3 operational range during fiscal year 2003.

4 (B) A description of the projected changes

5 in Marine Corps operational range requirements,

6 including the size, characteristics, and attributes

7 for mission-essential activities at each range and

8 the extent to which any changes in requirements

9 are a result of the proposal contained in the fis10 cal year 2008 budget request to increase the size

11 of the active component of the Marine Corps to

12 202,000 personnel by the end of fiscal year 2012.

13 (C) The projected deficit or surplus of land

14 at each major Marine Corps operational range,

15 and a description of the Secretary’s plan to ad16 dress that projected deficit or surplus of land as

17 well as the upgrade of range attributes at each

18 existing Marine Corps operational range.

19 (D) A description of the Secretary’s

20 prioritization process and investment strategy to

21 address the potential expansion or upgrade of

22 Marine Corps operational ranges.

23 (E) An analysis of alternatives to the ex24 pansion of Marine Corps operational ranges, in25 cluding an assessment of the joint use of oper-
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1 ational ranges under the jurisdiction, custody, or

2 control of the Secretary of another military de3 partment.

4 (F) An analysis of the cost of, potential

5 military value of, and potential legal or prac6 tical impediments to, the expansion of Marine

7 Corps Base, Twentynine Palms, California,

8 through the acquisition of additional land adja9 cent to or in the vicinity of that installation that

10 is under the control of the Bureau of Land Man11 agement.

12 (3) DEFINITIONS.—In this subsection:

13 (A) The term ‘‘Marine Corps operational

14 range’’ has the meaning given the term ‘‘oper15 ational range’’ in section 101(e)(3) of title 10,

16 United States Code, except that the term is lim17 ited to operational ranges under the jurisdiction,

18 custody, or control of the Secretary of the Navy

19 that are used by or available to the United

20 States Marine Corps.

21 (B) The term ‘‘range activities’’ has the

22 meaning given that term in section 101(e)(2) of

23 such title.
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1 SEC. 2835. CONSOLIDATION OF REAL PROPERTY PROVI2 SIONS WITHOUT SUBSTANTIVE CHANGE.

3 (a) CONSOLIDATION.—Section 2663 of title 10, United

4 States Code, is amended by adding at the end the following

5 new subsection:

6 ‘‘(h) OPTIONS FOR MILITARY CONSTRUCTION

7 PROJECTS.—

8 ‘‘(1) AUTHORITY.—The Secretary of a military

9 department may acquire an option on a parcel of real

10 property before or after its acquisition is authorized

11 by law, if the Secretary considers it suitable and like12 ly to be needed for a military project of the depart13 ment.

14 ‘‘(2) CONSIDERATION.—As consideration for an

15 option acquired under paragraph (1), the Secretary

16 may pay, from funds available to the department for

17 real property activities, an amount that is not more

18 than 12 percent of the appraised fair market value of

19 the property.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) REPEAL OF SUPERSEDED AUTHORITY.—Sec22 tion 2677 of such title is repealed.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 159 of such title is

25 amended by striking the item relating to section 2677.
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1 Subtitle D—Base Closure and

2 Realignment

3 SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING

4 REPORT.

5 Not later than December 1, 2007, the Secretary of the

6 Air Force shall submit to the congressional defense commit7 tees a report containing a detailed plan of the current and

8 future aviation assets that the Secretary expects will be

9 based at Niagara Air Reserve Base, New York. The report

10 shall include a description of all of the aviation assets that

11 will be impacted by the series of relocations to be made to

12 or from Niagara Air Reserve Base and the timeline for such

13 relocations.

14 SEC. 2842. COMPREHENSIVE ACCOUNTING OF FUNDING RE15 QUIRED TO ENSURE TIMELY IMPLEMENTA16 TION OF 2005 DEFENSE BASE CLOSURE AND

17 REALIGNMENT COMMISSION RECOMMENDA18 TIONS.

19 The Secretary of Defense shall submit to Congress with

20 the budget materials for fiscal year 2009 a comprehensive

21 accounting of the funding required to ensure that the plan

22 for implementing the final recommendations of the 2005

23 Defense Base Closure and Realignment Commission re24 mains on schedule.
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1 SEC. 2843. AUTHORITY TO RELOCATE THE JOINT SPEC2 TRUM CENTER TO FORT MEADE, MARYLAND.

3 (a) AUTHORITY TO CARRY OUT RELOCATION AGREE4 MENT.—If deemed to be in the best interest of national secu5 rity and to the physical protection of personnel and mis6 sions of the Department of Defense, the Secretary of Defense

7 may carry out an agreement to relocate the Joint Spectrum

8 Center, a geographically separated unit of the Defense In9 formation Systems Agency, from Annapolis, Maryland to

10 Fort Meade, Maryland or another military installation,

11 subject to an agreement between the lease holder and the

12 Department of Defense for equitable and appropriate terms

13 to facilitate the relocation.

14 (b) AUTHORIZATION.—Any facility, road or infra15 structure constructed or altered on a military installation

16 as a result of the agreement must be authorized in accord17 ance with section 2802 of title 10, United States Code.

18 (c) TERMINATION OF EXISTING LEASE.—Upon com19 pletion of the relocation of the Joint Spectrum Center, all

20 right, title, and interest of the United States in and to the

21 existing lease for the Joint Spectrum Center shall be termi22 nated, as contemplated under Condition 29.B of the lease.
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1 Subtitle E—Land Conveyances

2 SEC. 2851. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT,

3 LYNN HAVEN, FLORIDA.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

5 Air Force may convey to Florida State University (in this

6 section referred to as the ‘‘University’’) all right, title, and

7 interest of the United States in and to a parcel of real prop8 erty, including improvements thereon, consisting of ap9 proximately 40 acres located at the Lynn Haven Fuel Depot

10 in Lynn Haven, Florida, as a public benefit conveyance

11 for the purpose of permitting the University to develop the

12 property as a new satellite campus.

13 (b) CONSIDERATION.—

14 (1) IN GENERAL.—For the conveyance of the

15 property under subsection (a), the University shall

16 provide the United States with consideration in an

17 amount that is acceptable to the Secretary, whether in

18 the form of cash payment, in-kind consideration, or

19 a combination thereof.

20 (2) REDUCED TUITION RATES.—The Secretary

21 may accept as in-kind consideration under paragraph

22 (1) reduced tuition rates or scholarships for military

23 personnel at the University.

24 (c) PAYMENT OF COSTS OF CONVEYANCES.—
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1 (1) PAYMENT REQUIRED.—The Secretary shall

2 require the University to cover costs to be incurred by

3 the Secretary, or to reimburse the Secretary for costs

4 incurred by the Secretary, to carry out the convey5 ance under subsection (a), including survey costs, re6 lated to the conveyance. If amounts are collected from

7 the University in advance of the Secretary incurring

8 the actual costs, and the amount collected exceeds the

9 costs actually incurred by the Secretary to carry out

10 the conveyance, the Secretary shall refund the excess

11 amount to the University.

12 (2) TREATMENT OF AMOUNTS RECEIVED.—

13 Amounts received under paragraph (1) as reimburse14 ment for costs incurred by the Secretary to carry out

15 the conveyance under subsection (a) shall be credited

16 to the fund or account that was used to cover the costs

17 incurred by the Secretary in carrying out the convey18 ance. Amounts so credited shall be merged with

19 amounts in such fund or account and shall be avail20 able for the same purposes, and subject to the same

21 conditions and limitations, as amounts in such fund

22 or account.

23 (d) REVERSIONARY INTEREST.—If the Secretary deter24 mines at any time that the real property conveyed under

25 subsection (a) is not being used in accordance with the pur-
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1 pose of the conveyance specified in such subsection, all right,

2 title, and interest in and to all or any portion of the prop3 erty shall revert, at the option of the Secretary, to the

4 United States, and the United States shall have the right

5 of immediate entry onto the property. Any determination

6 of the Secretary under this subsection shall be made on the

7 record after an opportunity for a hearing.

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary.

12 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsections (a) as

15 the Secretary considers appropriate to protect the interests

16 of the United States.

17 SEC. 2852. MODIFICATION TO LAND CONVEYANCE AUTHOR18 ITY, FORT BRAGG, NORTH CAROLINA.

19 (a) REQUIREMENT TO CONVEY TRACT NO. 404–1

20 PROPERTY WITHOUT CONSIDERATION.—Section 2836 of the

21 Military Construction Authorization Act for Fiscal Year

22 1998 (111 Stat. 2005) is amended—

23 (1) in subsection (a)(3), by striking ‘‘at fair

24 market value’’ and inserting ‘‘without consideration’’;
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1 (2) by amending subsection (b)(2) to read as fol2 lows:

3 ‘‘(2) The conveyances under paragraphs (2) and (3)

4 of subsection (a) shall be subject to the condition that the

5 County develop and use the conveyed properties for edu6 cational purposes and the construction of public school

7 structures.’’; and

8 (3) by amending subsection (c)(2) to read as fol9 lows:

10 ‘‘(2) If the Secretary determines at any time that the

11 real property conveyed under paragraph (2) or paragraph

12 (3) of subsection (a) is not being used in accordance with

13 subsection (b)(2), all right, title, and interest in and to the

14 property conveyed under such paragraph, including any

15 improvements thereon, shall revert to the United States, and

16 the United States shall have the right of immediate entry

17 thereon.’’.

18 (b) PAYMENT OF COSTS OF CONVEYANCE.—Such sec19 tion is further amended by inserting at the end the fol20 lowing new subsection:

21 ‘‘(f) PAYMENT OF COSTS OF CONVEYANCE OF TRACT

22 NO. 404–1 PROPERTY.—

23 ‘‘(1) PAYMENT REQUIRED.—The Secretary shall

24 require the County to cover costs to be incurred by the

25 Secretary, or to reimburse the Secretary for costs in-
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1 curred by the Secretary, to carry out the conveyance

2 under subsection (a)(3), including survey costs, costs

3 related to environmental documentation, and other

4 administrative costs related to the conveyance. If

5 amounts are collected from the County in advance of

6 the Secretary incurring the actual costs, and the

7 amount collected exceeds the costs actually incurred

8 by the Secretary to carry out the conveyance, the Sec9 retary shall refund the excess amount to the County.

10 ‘‘(2) TREATMENT OF AMOUNTS RECEIVED.—

11 Amounts received as reimbursement under paragraph

12 (1) shall be credited to the fund or account that was

13 used to cover the costs incurred by the Secretary in

14 carrying out the conveyance. Amounts so credited

15 shall be merged with amounts in such fund or ac16 count, and shall be available for the same purposes,

17 and subject to the same conditions and limitations, as

18 amounts in such fund or account.’’.

19 SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION,

20 GSA PROPERTY, SPRINGFIELD, VIRGINIA.

21 (a) TRANSFER AUTHORIZED.—The Administrator of

22 General Services (in this section referred to as ‘‘the Admin23 istrator’’) may transfer to the administrative jurisdiction

24 of the Secretary of the Army a parcel of real property con25 sisting of approximately 69.5 acres and containing ware-
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1 house facilities in Springfield, Virginia, known as the

2 ‘‘GSA Property’’ for the purpose of permitting the Secretary

3 to construct facilities on the property to support adminis4 trative functions to be located at Fort Belvoir, Virginia.

5 (b) CONSIDERATION.—

6 (1) IN GENERAL.—As consideration for the prop7 erty to be transferred by the Administrator, the Sec8 retary of the Army shall—

9 (A) pay all reasonable costs to move fur10 nishings, equipment, and other material related

11 to the relocation of functions identified by the

12 Administrator;

13 (B) if deemed necessary by the Adminis14 trator, transfer to the administrative jurisdiction

15 of the Administrator a parcel of property in the

16 National Capital Region determined to be suit17 able to the Administrator;

18 (C) if deemed necessary by the Adminis19 trator, design and construct storage facilities,

20 utilities, security measures, and access to a road

21 infrastructure on the parcel to meet the require22 ments of the Administrator; and

23 (D) if deemed necessary by the Adminis24 trator, enter into a memorandum of agreement

25 with the Administrator for support services and
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1 security at the new facilities constructed pursu2 ant to subsection (a).

3 (2) FAIR MARKET VALUE LIMITATION.—The con4 sideration provided by the Secretary under paragraph

5 (1) may not exceed the fair market value of the prop6 erty transferred by the Administrator under sub7 section (a).

8 (c) ADMINISTRATION OF TRANSFERRED PROPERTY.—

9 Upon completion of the transfer under subsection (a), the

10 transferred property shall be administered by the Secretary

11 as a part of Fort Belvoir, Virginia.

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the property or properties to be con14 veyed under this section shall be determined by surveys sat15 isfactory to the Administrator and the Secretary.

16 (e) STATUS REPORT.—Not later than November 30,

17 2007, the Administrator and the Secretary shall jointly sub18 mit to the congressional defense committees a report on the

19 status and estimated costs of the transfer under subsection

20 (a).

21 SEC. 2854. LAND CONVEYANCE, LEWIS AND CLARK UNITED

22 STATES ARMY RESERVE CENTER, BISMARCK,

23 NORTH DAKOTA.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

25 Army may convey, without consideration, to the United
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1 Tribes Technical College all right, title, and interest of the

2 United States in and to a parcel of real property, including

3 improvements thereon, consisting of approximately 2 acres

4 located at the Lewis and Clark United States Army Reserve

5 Center, 3319 University Drive, Bismarck, North Dakota,

6 for the purpose of supporting Native American education

7 and training.

8 (b) REVERSIONARY INTEREST.—

9 (1) IN GENERAL.—Subject to paragraph (2), if

10 the Secretary determines at any time that the real

11 property conveyed under subsection (a) is not being

12 used in accordance with the purposes of the convey13 ance specified in such subsection, all right, title, and

14 interest in and to the property shall revert, at the op15 tion of the Secretary, to the United States, and the

16 United States shall have the right of immediate entry

17 onto the property. Any determination of the Secretary

18 under this subsection shall be made on the record

19 after an opportunity for a hearing.

20 (2) EXPIRATION.—The reversionary interest

21 under paragraph (1) shall expire upon satisfaction of

22 the following conditions:

23 (A) The real property conveyed under sub24 section (a) is used in accordance with the pur25 poses of the conveyance specified in such sub-
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1 section for a period of not less than 30 years fol2 lowing the date of the conveyance.

3 (B) The United Tribes Technical College

4 applies to the Secretary for the release of the re5 versionary interest.

6 (C) The Secretary certifies, in a manner

7 that can be filed with the appropriate land rec8 ordation office, that the condition under sub9 paragraph (A) has been satisfied.

10 (c) PAYMENT OF COSTS OF CONVEYANCE.—

11 (1) PAYMENT REQUIRED.—The Secretary shall

12 require the United Tribes Technical College to cover

13 costs to be incurred by the Secretary, or to reimburse

14 the Secretary for costs incurred by the Secretary, to

15 carry out the conveyance under subsection (a), includ16 ing survey costs, costs related to environmental docu17 mentation, and other administrative costs related to

18 the conveyance. If amounts are collected from the

19 United Tribes Technical College in advance of the

20 Secretary incurring the actual costs, and the amount

21 collected exceeds the costs actually incurred by the

22 Secretary to carry out the conveyance, the Secretary

23 shall refund the excess amount to the United Tribes

24 Technical College.
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1 (2) TREATMENT OF AMOUNTS RECEIVED.—

2 Amounts received as reimbursements under para3 graph (1) shall be credited to the fund or account that

4 was used to cover the costs incurred by the Secretary

5 in carrying out the conveyance. Amounts so credited

6 shall be merged with amounts in such fund or account

7 and shall be available for the same purposes, and sub8 ject to the same conditions and limitations, as

9 amounts in such fund or account.

10 (d) DESCRIPTION OF REAL PROPERTY.—The exact

11 acreage and legal description of the real property to be con12 veyed under subsection (a) shall be determined by a survey

13 satisfactory to the Secretary.

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the interests

18 of the United States.

19 SEC. 2855. LAND EXCHANGE, DETROIT, MICHIGAN.

20 (a) DEFINITIONS.—In this section:

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of General Services.

23 (2) CITY.—The term ‘‘City’’ means the city of

24 Detroit, Michigan.
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1 (3) CITY LAND.—The term ‘‘City land’’ means

2 the approximately 0.741 acres of real property, in3 cluding any improvement thereon, as depicted on the

4 exchange maps, that is commonly identified as 110

5 Mount Elliott Street, Detroit, Michigan.

6 (4) COMMANDANT.—The term ‘‘Commandant’’

7 means the Commandant of the United States Coast

8 Guard.

9 (5) EDC.—The term ‘‘EDC’’ means the Eco10 nomic Development Corporation of the City of De11 troit.

12 (6) EXCHANGE MAPS.—The term ‘‘exchange

13 maps’’ means the maps entitled ‘‘Atwater Street Land

14 Exchange Maps’’ prepared pursuant to subsection (h).

15 (7) FEDERAL LAND.—The term ‘‘Federal land’’

16 means approximately 1.26 acres of real property, in17 cluding any improvements thereon, as depicted on the

18 exchange maps, that is commonly identified as 2660

19 Atwater Street, Detroit, Michigan, and under the ad20 ministrative control of the United States Coast

21 Guard.

22 (8) SECTOR DETROIT.—The term ‘‘Sector De23 troit’’ means Coast Guard Sector Detroit of the Ninth

24 Coast Guard District.
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1 (b) CONVEYANCE AUTHORIZED.—The Commandant of

2 the Coast Guard, in coordination with the Administrator,

3 may convey to the EDC all right, title, and interest in and

4 to the Federal land.

5 (c) CONSIDERATION.—

6 (1) IN GENERAL.—As consideration for the con7 veyance under subsection (b)—

8 (A) the City shall convey to the United

9 States all right, title, and interest in and to the

10 City land; and

11 (B) the EDC shall construct a facility and

12 parking lot acceptable to the Commandant of the

13 Coast Guard.

14 (2) EQUALIZATION PAYMENT OPTION.—

15 (A) IN GENERAL.—The Commandant of the

16 Coast Guard may, upon the agreement of the

17 City and the EDC, waive the requirement to

18 construct a facility and parking lot under para19 graph (1)(B) and accept in lieu thereof an

20 equalization payment from the City equal to the

21 difference between the value, as determined by

22 the Administrator at the time of transfer, of the

23 Federal land and the City land.

24 (B) AVAILABILITY OF FUNDS.—Any

25 amounts received pursuant to subparagraph (A)
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1 shall be available without further appropriation

2 and shall remain available until expended to

3 construct, expand, or improve facilities related to

4 Sector Detroit’s aids to navigation or vessel

5 maintenance.

6 (d) CONDITIONS OF EXCHANGE.—

7 (1) COVENANTS.—All conditions placed within

8 the deeds of title shall be construed as covenants run9 ning with the land.

10 (2) AUTHORITY TO ACCEPT QUITCLAIM DEED.—

11 The Commandant may accept a quitclaim deed for

12 the City land and may convey the Federal land by

13 quitclaim deed.

14 (3) ENVIRONMENTAL REMEDIATION.—Prior to

15 the time of the exchange, the Coast Guard and the

16 City shall remediate any and all contaminants exist17 ing on their respective properties to levels required by

18 applicable state and Federal law.

19 (e) AUTHORITY TO ENTER INTO LICENSE OR LEASE.—

20 The Commandant may enter into a license or lease agree21 ment with the Detroit Riverfront Conservancy for the use

22 of a portion of the Federal land for the Detroit Riverfront

23 Walk. Such license or lease shall be at no cost to the City

24 and upon such other terms that are acceptable to the Com25 mandant, and shall terminate upon the exchange author-
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1 ized by this section, or the date specified in subsection (h),

2 whichever occurs earlier.

3 (f) MAP AND LEGAL DESCRIPTIONS OF LAND.—

4 (1) IN GENERAL.—As soon as practicable after

5 the date of enactment of this Act, the Commandant

6 shall file with the Committee on Commerce, Science

7 and Transportation of the Senate and the Committee

8 on Transportation and Infrastructure of the House of

9 Representatives maps, entitled ‘‘Atwater Street Land

10 Exchange Maps,’’ which depict the Federal land and

11 the City lands and provide a legal description of each

12 property to be exchanged.

13 (2) FORCE OF LAW.—The maps and legal de14 scriptions filed under paragraph (1) shall have the

15 same force and effect as if included in this Act, except

16 that the Commandant may correct typographical er17 rors in the maps and each legal description.

18 (3) PUBLIC AVAILABILITY.—Each map and legal

19 description filed under paragraph (1) shall be on file

20 and available for public inspection in the appropriate

21 offices of the Coast Guard and the City of Detroit.

22 (g) ADDITIONAL TERMS AND CONDITIONS.—The Com23 mandant may require such additional terms and conditions

24 in connection with the exchange under this section as the
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1 Commandant considers appropriate to protect the interests

2 of the United States.

3 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The au4 thority to enter into an exchange authorized by this section

5 shall expire 3 years after the date of enactment of this Act.

6 SEC. 2856. TRANSFER OF JURISDICTION, FORMER NIKE MIS7 SILE SITE, GROSSE ILE, MICHIGAN.

8 (a) TRANSFER.—Administrative jurisdiction over the

9 property described in subsection (b) is hereby transferred

10 from the Administrator of the Environmental Protection

11 Agency to the Secretary of the Interior.

12 (b) PROPERTY DESCRIBED.—The property referred to

13 in subsection (a) is the former Nike missile site, consisting

14 of approximately 50 acres located at the southern end of

15 Grosse Ile, Michigan, as depicted on the map entitled ‘‘07–

16 CE’’ on file with the Environmental Protection Agency and

17 dated May 16, 1984.

18 (c) ADMINISTRATION OF PROPERTY.—Subject to sub19 section (d), the Secretary of the Interior shall administer

20 the property described in subsection (b)—

21 (1) acting through the United States Fish and

22 Wildlife Service;

23 (2) as part of the Detroit River International

24 Wildlife Refuge; and
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1 (3) for use as a habitat for fish and wildlife and

2 as a recreational property for outdoor education and

3 environmental appreciation.

4 (d) MANAGEMENT RESPONSE.—The Secretary of De5 fense shall manage and carry out environmental response

6 activities with respect to the property described in sub7 section (b) as expeditiously as possible, consistent with the

8 Department’s prioritization of formerly used Defense sites

9 based on risk and the requirements of the Comprehensive

10 Environmental Response, Compensation, and Liability Act

11 of 1980 and the Solid Waste Disposal Act, using amounts

12 made available from the account established by section

13 2703(a)(5) of title 10, United States Code.

14 (e) SAVINGS PROVISION.—Nothing in this section shall

15 be construed to affect or limit the application of, or any

16 obligation to comply with, any environmental law, includ17 ing the Comprehensive Environmental Response, Com18 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

19 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901

20 et seq.).
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1 SEC. 2857. MODIFICATION OF LEASE OF PROPERTY, NA2 TIONAL FLIGHT ACADEMY AT THE NATIONAL

3 MUSEUM OF NAVAL AVIATION, NAVAL AIR

4 STATION, PENSACOLA, FLORIDA.

5 Section 2850(a) of the Military Construction Author6 ization Act for Fiscal Year 2001 (division B of the Floyd

7 D. Spence National Defense Authorization Act for Fiscal

8 Year 2001 (as enacted into law by Public Law 106–398;

9 114 Stat. 1654A–428)) is amended—

10 (1) by striking ‘‘naval aviation and’’ and insert11 ing ‘‘naval aviation,’’; and

12 (2) by inserting before the period at the end the

13 following: ‘‘, and, as of January 1, 2008, to teach the

14 science, technology, engineering, and mathematics dis15 ciplines that have an impact on and relate to avia16 tion’’.

17 Subtitle F—Other Matters

18 SEC. 2861. REPORT ON CONDITION OF SCHOOLS UNDER JU19 RISDICTION OF DEPARTMENT OF DEFENSE

20 EDUCATION ACTIVITY.

21 (a) REPORT REQUIRED.—Not later than March 1,

22 2008, the Secretary of Defense shall submit to the congres23 sional defense committees a report on the conditions of

24 schools under the jurisdiction of the Department of Defense

25 Education Activity.
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1 (b) CONTENT.—The report required under subsection

2 (a) shall include the following:

3 (1) A description of each school under the control

4 of the Secretary, including the location, year con5 structed, grades of attending children, maximum ca6 pacity, and current capacity of the school.

7 (2) A description of the standards and processes

8 used by the Secretary to assess the adequacy of the

9 size of school facilities, the ability of facilities to sup10 port school programs, and the current condition of fa11 cilities.

12 (3) A description of the conditions of the facility

13 or facilities at each school, including the level of com14 pliance with the standards described in paragraph

15 (2), any existing or projected facility deficiencies or

16 inadequate conditions at each facility, and whether

17 any of the facilities listed are temporary structures.

18 (4) An investment strategy planned for each

19 school to correct deficiencies identified in paragraph

20 (3), including a description of each project to correct

21 such deficiencies, cost estimates, and timelines to com22 plete each project.

23 (5) A description of requirements for new schools

24 to be constructed over the next 10 years as a result

25 of changes to the population of military personnel.
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1 (c) USE OF REPORT AS MASTER PLAN FOR REPAIR,

2 UPGRADE, AND CONSTRUCTION OF SCHOOLS.—The Sec3 retary shall use the report required under subsection (a) as

4 a master plan for the repair, upgrade, and construction of

5 schools in the Department of Defense system that support

6 dependants of members of the Armed Forces and civilian

7 employees of the Department of Defense.

8 SEC. 2862. MODIFICATION OF LAND MANAGEMENT RE9 STRICTIONS APPLICABLE TO UTAH NATIONAL

10 DEFENSE LANDS.

11 Section 2815 of the National Defense Authorization

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

13 852) is amended—

14 (1) in subsection (a), by striking ‘‘that are adja15 cent to or near the Utah Test and Training Range

16 and Dugway Proving Ground or beneath’’ and insert17 ing ‘‘that are beneath’’; and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(e) SUNSET DATE.—This section shall expire on Oc21 tober 1, 2013.’’.

22 SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.

23 In carrying out section 2866 of the John Warner Na24 tional Defense Authorization Act for Fiscal Year 2007 (Pub25 lic Law 109–364; 120 Stat. 2499), the Secretary of the
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1 Army, acting through the Chief of Engineers, shall assume

2 responsibility for the annual operation and maintenance

3 of the Woonsocket local protection project authorized by sec4 tion 10 of the Act of December 22, 1944 (commonly known

5 as the ‘‘Flood Control Act of 1944’’) (58 Stat. 892, chapter

6 665), including by acquiring any interest of the State of

7 Rhode Island in and to land and structures required for

8 the continued operation and maintenance, repair, replace9 ment, rehabilitation, and structural integrity of the project,

10 as identified by the State, in coordination with the Sec11 retary.

12 SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DE13 FENSE ACTIONS TO ADDRESS ENCROACH14 MENT OF MILITARY INSTALLATIONS.

15 (a) FINDINGS.—In light of the initial report of the De16 partment of Defense submitted pursuant to section 2684a(g)

17 of title 10, United States Code, and of the RAND Corpora18 tion report entitled ‘‘The Thin Green Line: An Assessment

19 of DoD’s Readiness and Environmental Protection Initia20 tive to Buffer Installation Encroachment’’, Congress makes

21 the following findings:

22 (1) Development and loss of habitat in the vicin23 ity of, or in areas ecologically related to, military in24 stallations, ranges, and airspace pose a continuing
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1 and significant threat to the readiness of the Armed

2 Forces.

3 (2) The Range Sustainability Program (RSP) of

4 the Department of Defense, and in particular the

5 Readiness and Environmental Protection Initiative

6 (REPI) involving agreements pursuant to section

7 2684a of title 10, United States Code, have been effec8 tive in addressing this threat to readiness with regard

9 to a number of important installations, ranges, and

10 airspace.

11 (3) The opportunities to take effective action to

12 protect installations, ranges, and airspace from en13 croachment is in many cases transient, and delay in

14 taking action will result in either higher costs or per15 manent loss of the opportunity effectively to address

16 encroachment.

17 (b) SENSE OF CONGRESS.—It is the sense of Congress

18 that the Department of Defense should—

19 (1) develop additional policy guidance on the

20 further implementation of the Range and Environ21 mental Protection Initiative (REPI), to include addi22 tional emphasis on protecting biodiversity and on

23 further refining procedures;

24 (2) give greater emphasis to effective cooperation

25 and collaboration on matters of mutual concern with
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1 other Federal agencies charged with managing Fed2 eral land;

3 (3) ensure that each military department takes

4 full advantage of the authorities provided by section

5 2684a of title 10, United States Code, in addressing

6 encroachment adversely affecting, or threatening to

7 adversely affect, the installations, ranges, and mili8 tary airspace of the department; and

9 (4) provide significant additional resources to

10 the program, to include dedicated staffing at the in11 stallation level and additional emphasis on outreach

12 programs at all levels.

13 (c) REPORTING REQUIREMENT.—Not later than 90

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall review Chapter 6 of the initial report

16 submitted to Congress under section 2684a(g) of title 10,

17 United States Code, and report to the congressional defense

18 committees on the specific steps, if any, that the Secretary

19 plans to take, or recommends that Congress take, to address

20 the issues raised in such chapter.

21 SEC. 2865. REPORT ON WATER CONSERVATION PROJECTS.

22 (a) REPORT REQUIRED.—Not later than April 1,

23 2008, the Secretary of Defense shall submit to the congres24 sional defense committees a report on the funding and effec-
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1 tiveness of water conservation projects at Department of De2 fense facilities.

3 (b) CONTENT.—The report required under subsection

4 (a) shall include—

5 (1) a description, by type, of the amounts in6 vested or budgeted for water conservation projects by

7 the Department of Defense in fiscal years 2006, 2007,

8 and 2008;

9 (2) an assessment of the investment levels re10 quired to meet the water conservation requirements of

11 the Department of Defense under Executive Order No.

12 13423 (January 24, 2007);

13 (3) an assessment of whether water conservation

14 projects should continue to be funded within the En15 ergy Conservation Investment Program or whether the

16 water conservation efforts of the Department would be

17 more effective if a separate water conservation invest18 ment program were established;

19 (4) an assessment of the demonstrated or poten20 tial reductions in water usage and return on invest21 ment of various types of water conservation projects,

22 including the use of metering or control systems,

23 xeriscaping, waterless urinals, utility system up24 grades, and water efficiency standards for appliances

25 used in Department of Defense facilities; and
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1 (5) recommendations for any legislation, includ2 ing any changes to the authority provided under sec3 tion 2866 of title 10, United States Code, that would

4 facilitate the water conservation goals of the Depart5 ment, including the water conservation requirements

6 of Executive Order No. 13423 and DoD Instruction

7 4170.11.

8 SEC. 2866. REPORT ON HOUSING PRIVATIZATION INITIA9 TIVES.

10 (a) REPORT REQUIRED.—Not later than 180 days

11 after the date of the enactment of this Act, the Comptroller

12 General of the United States shall submit to the Committees

13 on Armed Services of the Senate and the House of Rep14 resentatives a report on housing privatization transactions

15 carried out by the Department of Defense that are behind

16 schedule or in default.

17 (b) ELEMENTS.—The report required by subsection (a)

18 shall include the following:

19 (1) A list of current housing privatization trans20 actions carried out by the Department of Defense that

21 are behind schedule or in default.

22 (2) In each case in which a transaction is behind

23 schedule or in default, a description of—

24 (A) the reasons for schedule delays, cost

25 overruns, or default;
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1 (B) how solicitations and competitions were

2 conducted for the project;

3 (C) how financing, partnerships, legal ar4 rangements, leases, or contracts in relation to the

5 project were structured;

6 (D) which entities, including Federal enti7 ties, are bearing financial risk for the project,

8 and to what extent;

9 (E) the remedies available to the Federal

10 Government to restore the transaction to schedule

11 or ensure completion of the terms of the trans12 action in question at the earliest possible time;

13 (F) the extent to which the Federal Govern14 ment has the ability to affect the performance of

15 various parties involved in the project;

16 (G) remedies available to subcontractors to

17 recoup liens in the case of default, non-payment

18 by the developer or other party to the transaction

19 or lease agreement, or re-structuring;

20 (H) remedies available to the Federal Gov21 ernment to affect receivership actions or transfer

22 of ownership of the project; and

23 (I) names of the developers for the project

24 and any history of previous defaults or bank25 ruptcies by these developers or their affiliates.
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1 (3) In each case in which a project is behind

2 schedule or in default, recommendations regarding the

3 opportunities for the Federal Government to ensure

4 that all terms of the transaction are completed ac5 cording to the original schedule and budget.

6 SEC. 2867. REPORT ON THE PINON CANYON MANEUVER

7 SITE, COLORADO.

8 (a) REPORT ON THE PINON CANYON MANEUVER

9 SITE.—

10 (1) REPORT REQUIRED.—Not later than 180

11 days after the date of the enactment of this Act, the

12 Secretary of the Army shall submit to the congres13 sional defense committees a report on the Pinon Can14 yon Maneuver Site (referred to in this section as ‘‘the

15 Site’’).

16 (2) CONTENT.—The report required under para17 graph (1) shall include the following:

18 (A) An analysis of whether existing train19 ing facilities at Fort Carson, Colorado, and the

20 Site are sufficient to support the training needs

21 of units stationed or planned to be stationed at

22 Fort Carson, including the following:

23 (i) A description of any new training

24 requirements or significant developments af25 fecting training requirements for units sta-
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1 tioned or planned to be stationed at Fort

2 Carson since the 2005 Defense Base Closure

3 and Realignment Commission found that

4 the base has ‘‘sufficient capacity’’ to support

5 four brigade combat teams and associated

6 support units at Fort Carson.

7 (ii) A study of alternatives for enhanc8 ing training facilities at Fort Carson and

9 the Site within their current geographic

10 footprint, including whether these addi11 tional investments or measures could sup12 port additional training activities.

13 (iii) A description of the current train14 ing calendar and training load at the Site,

15 including—

16 (I) the number of brigade-sized

17 and battalion-sized military exercises

18 held at the Site since its establishment;

19 (II) an analysis of the maximum

20 annual training load at the Site, with21 out expanding the Site; and

22 (III) an analysis of the training

23 load and projected training calendar

24 at the Site when all brigades stationed
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1 or planned to be stationed at Fort Car2 son are at home station.

3 (B) A report of need for any proposed addi4 tion of training land to support units stationed

5 or planned to be stationed at Fort Carson, in6 cluding the following:

7 (i) A description of additional training

8 activities, and their benefits to operational

9 readiness, which would be conducted by

10 units stationed at Fort Carson if, through

11 leases or acquisition from consenting land12 owners, the Site were expanded to include—

13 (I) the parcel of land identified as

14 ‘‘Area A’’ in the Potential PCMS Land

15 expansion map;

16 (II) the parcel of land identified

17 as ‘‘Area B’’ in the Potential PCMS

18 Land expansion map;

19 (III) the parcels of land identified

20 as ‘‘Area A’’ and ‘‘Area B’’ in the Po21 tential PCMS Land expansion map;

22 (IV) acreage sufficient to allow si23 multaneous exercises of a light infan24 try brigade and a heavy infantry bri25 gade at the Site;
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1 (V) acreage sufficient to allow si2 multaneous exercises of two heavy in3 fantry brigades at the Site;

4 (VI) acreage sufficient to allow si5 multaneous exercises of a light infan6 try brigade and a battalion at the Site;

7 and

8 (VII) acreage sufficient to allow

9 simultaneous exercises of a heavy in10 fantry brigade and a battalion at the

11 Site.

12 (ii) An analysis of alternatives for ac13 quiring or utilizing training land at other

14 installations in the United States to sup15 port training activities of units stationed at

16 Fort Carson.

17 (iii) An analysis of alternatives for

18 utilizing other federally owned land to sup19 port training activities of units stationed at

20 Fort Carson.

21 (C) An analysis of alternatives for enhanc22 ing economic development opportunities in

23 southeastern Colorado at the current Site or

24 through any proposed expansion, including the

25 consideration of the following alternatives:
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1 (i) The leasing of land on the Site or

2 any expansion of the Site to ranchers for

3 grazing.

4 (ii) The leasing of land from private

5 landowners for training.

6 (iii) The procurement of additional

7 services and goods, including biofuels and

8 beef, from local businesses.

9 (iv) The creation of an economic devel10 opment fund to benefit communities, local

11 governments, and businesses in southeastern

12 Colorado.

13 (v) The establishment of an outreach

14 office to provide technical assistance to local

15 businesses that wish to bid on Department

16 of Defense contracts.

17 (vi) The establishment of partnerships

18 with local governments and organizations to

19 expand regional tourism through expanded

20 access to sites of historic, cultural, and envi21 ronmental interest on the Site.

22 (vii) An acquisition policy that allows

23 willing sellers to minimize the tax impact of

24 a sale.
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1 (viii) Additional investments in Army

2 missions and personnel, such as stationing

3 an active duty unit at the Site, including—

4 (I) an analysis of anticipated

5 operational benefits; and

6 (II) an analysis of economic im7 pacts to surrounding communities.

8 (3) POTENTIAL PCMS LAND EXPANSION MAP DE9 FINED.—In this subsection, the term ‘‘Potential

10 PCMS Land expansion map’’ means the June 2007

11 map entitled ‘‘Potential PCMS Land expansion’’.

12 (b) COMPTROLLER GENERAL REVIEW OF REPORT.—

13 Not later than 180 days after the Secretary of Defense sub14 mits the report required under subsection (a), the Comp15 troller General of the United States shall submit to Congress

16 a review of the report and of the justification of the Army

17 for expansion at the Site.

18 (c) PUBLIC COMMENT.—After the report required

19 under subsection (b) is submitted to Congress, the Army

20 shall solicit public comment on the report for a period of

21 not less than 90 days. Not later than 30 days after the pub22 lic comment period has closed, the Secretary shall submit

23 to Congress a written summary of comments received.
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1 SEC. 2868. REPEAL OF MORATORIUM ON IMPROVEMENTS AT

2 FORT BUCHANAN, PUERTO RICO.

3 Section 1507 of the Floyd D. Spence National Defense

4 Authorization Act for Fiscal Year 2001 (Public Law 106–

5 398; 114 Stat. 1654A–355) is repealed.

6 TITLE XXIX—WAR-RELATED MILI7 TARY CONSTRUCTION AU8 THORIZATIONS

9 SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUC10 TION AND LAND ACQUISITION PROJECTS.

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2902(1), the Secretary

13 of the Army may acquire real property and carry out mili14 tary construction projects for the installations or locations

15 outside the United States, and in the amounts set forth in

16 the following table:

Army: Outside the United States

Country Installation or Location Amount

Afghanistan .......................... Bagram Air Base ....................................... $116,800,000

Iraq ........................................ Camp Adder ................................................ $80,650,000

Al Asad ........................................................ $86,100,000

Camp Anaconda ......................................... $88,200,000

Fallujah ....................................................... $880,000

Camp Marez ............................................... $880,000

Mosul ........................................................... $43,000,000

Q-West ......................................................... $26,000,000

Camp Ramadi ............................................ $880,000

Scania ......................................................... $5,000,000

Camp Speicher ........................................... $103,700,000

Camp Taqqadum ........................................ $880,000

Tikrit ........................................................... $43,000,000

Camp Victory ............................................. $34,400,000

Camp Warrior ............................................ $880,000

Various Locations ....................................... $102,000,000
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1 SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY

2 CONSTRUCTION APPROPRIATIONS, ARMY.

3 Funds are hereby authorized to be appropriated for fis4 cal years beginning after September 30, 2007, for military

5 construction, land acquisition, and military family housing

6 functions of the Department of the Army in the total

7 amount of $752,650,000 as follows:

8 (1) For military construction projects outside the

9 United States authorized by section 2901(a),

10 $733,250,000.

11 (2) For architectural and engineering services

12 and construction design under section 2807 of title

13 10, United States Code, $19,400,000.

14 DIVISION C—DEPARTMENT OF

15 ENERGY NATIONAL SECURITY

16 AUTHORIZATIONS AND

17 OTHER AUTHORIZATIONS

18 TITLE XXXI—DEPARTMENT OF

19 ENERGY NATIONAL SECURITY

20 PROGRAMS

21 Subtitle A—National Security

22 Programs Authorizations

23 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA24 TION.

25 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

26 hereby authorized to be appropriated to the Department of
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1 Energy for fiscal year 2008 for the activities of the National

2 Nuclear Security Administration in carrying out programs

3 necessary for national security in the amount of

4 $9,539,693,000, to be allocated as follows:

5 (1) For weapons activities, $6,472,172,000.

6 (2) For defense nuclear nonproliferation activi7 ties, $1,809,646,000.

8 (3) For naval reactors, $808,219,000.

9 (4) For the Office of the Administrator for Nu10 clear Security, $399,656,000.

11 (5) For the International Atomic Energy Agency

12 Nuclear Fuel Bank, $50,000,000.

13 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

14 From funds referred to in subsection (a) that are available

15 for carrying out plant projects, the Secretary of Energy

16 may carry out new plant projects for the National Nuclear

17 Security Administration as follows:

18 (1) For readiness in technical base and facilities,

19 the following new plant projects:

20 Project 08–D–801, High pressure fire loop,

21 Pantex Plant, Amarillo, Texas, $7,000,000.

22 Project 08–D–802, High explosive pressing

23 facility, Pantex Plant, Amarillo, Texas,

24 $25,300,000.
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1 Project 08–D–804, Technical Area 55 rein2 vestment project, Los Alamos National Labora3 tory, Los Alamos, New Mexico, $6,000,000.

4 (2) For facilities and infrastructure recapitaliza5 tion, the following new plant projects:

6 Project 08–D–601, Mercury highway, Ne7 vada Test Site, Nevada, $7,800,000.

8 Project 08–D–602, Potable water system up9 grades, Y–12 Plant, Oak Ridge, Tennessee,

10 $22,500,000.

11 (3) For safeguards and security, the following

12 new plant project:

13 Project 08–D–701, Nuclear materials safe14 guards and security upgrade, Los Alamos Na15 tional Laboratory, Los Alamos, New Mexico,

16 $49,496,000.

17 (4) For naval reactors, the following new plant

18 projects:

19 Project 08–D–901, Shipping and receiving

20 and warehouse complex, Bettis Atomic Power

21 Laboratory, West Mifflin, Pennsylvania,

22 $9,000,000.

23 Project 08–D–190, Project engineering and

24 design, Expended Core Facility M–290 Recov-
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1 ering Discharge Station, Naval Reactors Facil2 ity, Idaho Falls, Idaho, $550,000.

3 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

5 hereby authorized to be appropriated to the Department of

6 Energy for fiscal year 2008 for defense environmental

7 cleanup activities in carrying out programs necessary for

8 national security in the amount of $5,410,905,000.

9 (b) AUTHORIZATION FOR NEW PLANT PROJECT.—

10 From funds referred to in subsection (a) that are available

11 for carrying out plant projects, the Secretary of Energy

12 may carry out, for defense environmental cleanup activities,

13 the following new plant project:

14 Project 08–D–414, Project engineering and de15 sign, Plutonium Vitrification Facility, various loca16 tions, $15,000,000.

17 SEC. 3103. OTHER DEFENSE ACTIVITIES.

18 Funds are hereby authorized to be appropriated to the

19 Department of Energy for fiscal year 2008 for other defense

20 activities in carrying out programs necessary for national

21 security in the amount of $663,074,000.

22 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

23 Funds are hereby authorized to be appropriated to the

24 Department of Energy for fiscal year 2008 for defense nu25 clear waste disposal for payment to the Nuclear Waste Fund
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1 established in section 302(c) of the Nuclear Waste Policy

2 Act of 1982 (42 U.S.C. 10222(c)) in the amount of

3 $242,046,000.

4 Subtitle B—Program Authoriza5 tions, Restrictions, and Limita6 tions

7 SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

8 (a) LIMITATION ON AVAILABILITY OF FUNDS.—Of the

9 amount authorized to be appropriated under section

10 3101(a)(1) for weapons activities for fiscal year 2008, not

11 more than $195,069,000 may be obligated or expended for

12 the Reliable Replacement Warhead program under section

13 4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a).

14 (b) PROHIBITION ON AVAILABILITY OF FUNDS FOR

15 CERTAIN ACTIVITIES.—No funds referred to in subsection

16 (a) may be obligated or expended for activities under the

17 Reliable Replacement Warhead program beyond phase 2A

18 activities.

19 SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR

20 FISSILE MATERIALS DISPOSITION PROGRAM.

21 (a) LIMITATION PENDING REPORT ON USE OF PRIOR

22 FISCAL YEAR FUNDS.—No fiscal year 2008 Fissile Mate23 rials Disposition program funds may be obligated or ex24 pended for the Fissile Materials Disposition program until

25 the Secretary of Energy, in consultation with the Adminis-
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1 trator for Nuclear Security, submits to the congressional de2 fense committees a report setting forth a plan for obligating

3 and expending funds made available for that program in

4 fiscal years before fiscal year 2008 that remain available

5 for obligation or expenditure as of October 1, 2007.

6 (b) LIMITATION PENDING CERTIFICATION ON USE OF

7 CURRENT FISCAL YEAR FUNDS.—

8 (1) IN GENERAL.—Within fiscal year 2008

9 Fissile Materials Disposition program funds, the ag10 gregate amount that may be obligated for the Fissile

11 Materials Disposition program may not exceed such

12 amount as the Secretary, in consultation with the Ad13 ministrator, certifies to the congressional defense com14 mittees will be obligated for that program in fiscal

15 years 2008 and 2009.

16 (2) AVAILABILITY OF UNUTILIZED FUNDS AB17 SENT CERTIFICATION.—If the Secretary does not make

18 a certification under paragraph (1), fiscal year 2008

19 Fissile Materials Disposition program funds shall not

20 be available for the Fissile Materials Disposition pro21 gram, but shall be available instead for any defense

22 nuclear nonproliferation activities (other than the

23 Fissile Materials Disposition program) for which

24 amounts are authorized to be appropriated by section

25 3101(a)(2).
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1 (3) AVAILABILITY OF UNUTILIZED FUNDS UNDER

2 CERTIFICATION OF PARTIAL USE.—If the aggregate

3 amount of funds certified under paragraph (1) as to

4 be obligated for the Fissile Materials Disposition pro5 gram in fiscal years 2008 and 2009 is less than the

6 amount of the fiscal year 2008 Fissile Materials Dis7 position program funds, an amount within fiscal

8 year 2008 Fissile Materials Disposition program

9 funds that is equal to the difference between the

10 amount of fiscal year 2008 Fissile Materials Disposi11 tion program funds and such aggregate amount shall

12 not be available for the Fissile Materials Disposition

13 program, but shall be available instead for any de14 fense nuclear nonproliferation activities (other than

15 the Fissile Materials Disposition program) for which

16 amounts are authorized to be appropriated by section

17 3101(a)(2).

18 (c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSI19 TION PROGRAM FUNDS DEFINED.—In this section, the term

20 ‘‘fiscal year 2008 Fissile Materials Disposition program

21 funds’’ means amounts authorized to be appropriated by

22 section 3101(a)(2) and available for the Fissile Materials

23 Disposition program.
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1 SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAIL2 ABILITY OF FUNDS FOR WASTE TREATMENT

3 AND IMMOBILIZATION PLANT.

4 Paragraph (2) of section 3120(a) of the John Warner

5 National Defense Authorization Act for Fiscal Year 2007

6 (Public Law 109–364; 120 Stat. 2510) is amended—

7 (1) by striking ‘‘the Defense Contract Manage8 ment Agency has recommended for acceptance’’ and

9 inserting ‘‘an independent entity has reviewed’’; and

10 (2) by inserting ‘‘and that the system has been

11 certified by the Secretary for use by a construction

12 contractor at the Waste Treatment and Immobiliza13 tion Plant’’ after ‘‘Waste Treatment and Immobiliza14 tion Plant’’.

15 Subtitle C—Other Matters

16 SEC. 3121. NUCLEAR TEST READINESS.

17 (a) REPEAL OF REQUIREMENTS ON READINESS POS18 TURE.—Section 3113 of the National Defense Authorization

19 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

20 1743; 50 U.S.C. 2528a) is repealed.

21 (b) REPORTS ON NUCLEAR TEST READINESS POS22 TURES.—

23 (1) IN GENERAL.—Section 4208 of the Atomic

24 Energy Defense Act (50 U.S.C. 2528) is amended to

25 read as follows:
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1 ‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.

2 ‘‘(a) IN GENERAL.—Not later than March 1, 2009, and

3 every odd-numbered year thereafter, the Secretary of En4 ergy shall submit to the congressional defense committees

5 a report on the nuclear test readiness of the United States.

6 ‘‘(b) ELEMENTS.—Each report under subsection (a)

7 shall include, current as of the date of such report, the fol8 lowing:

9 ‘‘(1) An estimate of the period of time that would

10 be necessary for the Secretary of Energy to conduct

11 an underground test of a nuclear weapon once di12 rected by the President to conduct such a test.

13 ‘‘(2) A description of the level of test readiness

14 that the Secretary of Energy, in consultation with the

15 Secretary of Defense, determines to be appropriate.

16 ‘‘(3) A list and description of the workforce skills

17 and capabilities that are essential to carrying out an

18 underground nuclear test at the Nevada Test Site.

19 ‘‘(4) A list and description of the infrastructure

20 and physical plant that are essential to carrying out

21 an underground nuclear test at the Nevada Test Site.

22 ‘‘(5) An assessment of the readiness status of the

23 skills and capabilities described in paragraph (3) and

24 the infrastructure and physical plant described in

25 paragraph (4).
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1 ‘‘(c) FORM.—Each report under subsection (a) shall be

2 submitted in unclassified form, but may include a classified

3 annex.’’.

4 (2) CLERICAL AMENDMENT.—The item relating

5 to section 4208 in the table of contents for such Act

6 is amended to read as follows:

‘‘Sec. 4208. Reports on nuclear test readiness.’’.

7 SEC. 3122. SENSE OF CONGRESS ON THE NUCLEAR NON8 PROLIFERATION POLICY OF THE UNITED

9 STATES AND THE RELIABLE REPLACEMENT

10 WARHEAD PROGRAM.

11 It is the sense of Congress that—

12 (1) the United States should reaffirm its commit13 ment to Article VI of the Treaty on the Non-Prolifera14 tion of Nuclear Weapons, done at Washington, Lon15 don, and Moscow July 1, 1968, and entered into force

16 March 5, 1970 (in this section referred to as the ‘‘Nu17 clear Non-Proliferation Treaty’’);

18 (2) the United States should initiate talks with

19 Russia to reduce the number of nonstrategic nuclear

20 weapons and further reduce the number of strategic

21 nuclear weapons in the respective nuclear weapons

22 stockpiles of the United States and Russia in a trans23 parent and verifiable fashion and in a manner con24 sistent with the security of the United States;
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1 (3) the United States and other declared nuclear

2 weapons state parties to the Nuclear Non-Prolifera3 tion Treaty, together with weapons states that are not

4 parties to the treaty, should work to reduce the total

5 number of nuclear weapons in the respective stock6 piles and related delivery systems of such states;

7 (4) the United States, Russia, and other states

8 should work to negotiate, and then sign and ratify, a

9 treaty setting forth a date for the cessation of the pro10 duction of fissile material;

11 (5) the Senate should ratify the Comprehensive

12 Nuclear-Test-Ban Treaty, opened for signature at

13 New York September 10, 1996;

14 (6) the United States should commit to dis15 mantle as soon as possible all retired warheads or

16 warheads that are planned to be retired from the

17 United States nuclear weapons stockpile;

18 (7) the United States, along with the other de19 clared nuclear weapons state parties to the Nuclear

20 Non-Proliferation Treaty, should participate in trans21 parent discussions regarding their nuclear weapons

22 programs and plans, and how such programs and

23 plans, including plans for any new weapons or war24 heads, relate to their obligations as nuclear weapons

25 state parties under the Treaty;
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1 (8) the United States and the declared nuclear

2 weapons state parties to the Nuclear Non-Prolifera3 tion Treaty should work to decrease reliance on, and

4 the importance of, nuclear weapons; and

5 (9) the United States should formulate any deci6 sion on whether to manufacture or deploy a reliable

7 replacement warhead within the broader context of

8 the progress made by the United States toward

9 achieving each of the goals described in paragraphs

10 (1) through (8).

11 SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MAN12 AGEMENT INITIATIVES TO ACCELERATE THE

13 REDUCTION OF ENVIRONMENTAL RISKS AND

14 CHALLENGES POSED BY THE LEGACY OF THE

15 COLD WAR.

16 (a) IN GENERAL.—On the date described in subsection

17 (d), the Secretary of Energy shall submit to the congres18 sional defense committees and the Comptroller General of

19 the United States a report on the status of the environ20 mental management initiatives described in subsection (c)

21 undertaken to accelerate the reduction of the environmental

22 risks and challenges that, as a result of the legacy of the

23 Cold War, are faced by the Department of Energy, contrac24 tors of the Department, and applicable Federal and State

25 agencies with regulatory jurisdiction.
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1 (b) ELEMENTS.—The report required by subsection (a)

2 shall include the following:

3 (1) A discussion of the progress made in reduc4 ing the environmental risks and challenges described

5 in subsection (a) in each of the following areas:

6 (A) Acquisition strategy and contract man7 agement.

8 (B) Regulatory agreements.

9 (C) Interim storage and final disposal of

10 high-level waste, spent nuclear fuel, transuranic

11 waste, and low-level waste.

12 (D) Closure and transfer of environmental

13 remediation sites.

14 (E) Achievements in innovation by contrac15 tors of the Department with respect to acceler16 ated risk reduction and cleanup.

17 (F) Consolidation of special nuclear mate18 rials and improvements in safeguards and secu19 rity.

20 (2) An assessment of the progress made in

21 streamlining risk reduction processes of the environ22 mental management program of the Department.

23 (3) An assessment of the progress made in im24 proving the responsiveness and effectiveness of the en25 vironmental management program of the Department.
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1 (4) Any proposals for legislation that the Sec2 retary considers necessary to carry out the environ3 mental management initiatives described in sub4 section (c) and the justification for each such pro5 posal.

6 (5) A list of the mandatory milestones and com7 mitments set forth in each enforceable cleanup agree8 ment or other type of agreement covering or applica9 ble to environmental management and cleanup activi10 ties at any site of the Department, the status of the

11 efforts of the Department to meet such milestones and

12 commitments, and if the Secretary determines that

13 the Department will be unable to achieve any such

14 milestone or commitment, a statement setting forth

15 the reasons the Department will be unable to achieve

16 such milestone or commitment.

17 (6) An estimate of the life cycle cost of the envi18 ronmental management program, including the fol19 lowing:

20 (A) A list of the environmental projects

21 being reviewed for potential inclusion in the en22 vironmental management program as of October

23 1, 2007, and an estimated date by which a deter24 mination will be made to include or exclude each

25 such project.
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1 (B) A list of environmental projects not

2 being considered for potential inclusion in the

3 environmental management program as of Octo4 ber 1, 2007, but that are likely to be included in

5 the next five years, and an estimated date by

6 which a determination will be made to include

7 or exclude each such project.

8 (C) A list of projects in the environmental

9 management program as of October 1, 2007, for

10 which an audit of the cost estimate of the project

11 has been completed, and the estimated date by

12 which such an audit will be completed for each

13 such project for which such an audit has not

14 been completed.

15 (D) The estimated schedule for production

16 of a revised life cycle cost estimate for the envi17 ronmental management program incorporating

18 the information described in subparagraphs (A),

19 (B), and (C).

20 (c) INITIATIVES DESCRIBED.—The environmental

21 management initiatives described in this subsection are the

22 initiatives arising out of the report titled ‘‘Top-to-Bottom

23 Review of the Environmental Management Program’’ and

24 dated February 4, 2002, with respect to the environmental

25 restoration and waste management activities of the Depart-
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1 ment in carrying out programs necessary for national secu2 rity.

3 (d) DATE OF SUBMITTAL.—The date described in this

4 subsection is the date on which the budget justification ma5 terials in support of the Department of Energy budget for

6 fiscal year 2009 (as submitted with the budget of the Presi7 dent under section 1105(a) of title 31, United States Code)

8 are submitted to Congress.

9 (e) REVIEW BY COMPTROLLER GENERAL.—Not later

10 than 180 days after the date described in subsection (d),

11 the Comptroller General shall submit to the congressional

12 defense committees a report containing a review of the re13 port required by subsection (a).

14 SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPART15 MENT OF ENERGY PROTECTIVE FORCE MAN16 AGEMENT.

17 (a) IN GENERAL.—Not later than 180 days after the

18 date of the enactment of this Act, the Comptroller General

19 of the United States shall submit to the Committee on

20 Armed Services of the Senate and the Committee on Armed

21 Services of the House of Representatives a report on the

22 management of the protective forces of the Department of

23 Energy.

24 (b) CONTENTS.—The report shall include the following:
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1 (1) A description of the management and con2 tractual structure for protective forces at each Depart3 ment of Energy site with Category I nuclear mate4 rials.

5 (2) A statement of the number and category of

6 protective force members at each site described in

7 paragraph (1) and an assessment of whether the pro8 tective force at each such site is adequately staffed,

9 trained, and equipped to comply with the require10 ments of the Design Basis Threat issued by the De11 partment of Energy in November 2005.

12 (3) A description of the manner in which each

13 site described in paragraph (1) is moving to a tac14 tical response force as required by the policy of the

15 Department of Energy and an assessment of the

16 issues or problems, if any, involved in the moving to

17 a tactical response force at such site.

18 (4) A description of the extent to which the pro19 tective force at each site described in paragraph (1)

20 has been assigned or is responsible for law enforce21 ment or law-enforcement related activities.

22 (5) An analysis comparing the management,

23 training, pay, benefits, duties, responsibilities, and

24 assignments of the protective force at each site de25 scribed in paragraph (1) with the management,
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1 training, pay, benefits, duties, responsibilities, and

2 assignments of the Federal transportation security

3 force of the Department of Energy.

4 (6) A statement of options for managing the pro5 tective force at sites described in paragraph (1) in a

6 more uniform manner, an analysis of the advantages

7 and disadvantages of each option, and an assessment

8 of the approximate cost of each option when compared

9 with the costs associated with the existing manage10 ment of the protective force at such sites.

11 (c) FORM.—The report shall be submitted in unclassi12 fied form, but may include a classified annex.

13 SEC. 3125. TECHNICAL AMENDMENTS.

14 The Atomic Energy Defense Act (50 U.S.C. 2521 et

15 seq.) is amended as follows:

16 (1) The heading of section 4204a (50 U.S.C.

17 2524a) is amended to read as follows:

18 ‘‘SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PRO19 GRAM.’’.

20 (2) The table of contents for that Act is amended

21 by inserting after the item relating to section 4204 the

22 following new item:

‘‘Sec. 4204A. Reliable Replacement Warhead program.’’.
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1 Subtitle D—Nuclear Terrorism

2 Prevention

3 SEC. 3131. DEFINITIONS.

4 In this subtitle:

5 (1) The term ‘‘Convention on the Physical Pro6 tection of Nuclear Material’’ means the Convention on

7 the Physical Protection of Nuclear Material, signed at

8 New York and Vienna March 3, 1980.

9 (2) The term ‘‘formula quantities of strategic

10 special nuclear material’’ means uranium–235 (con11 tained in uranium enriched to 20 percent or more in

12 the U–235 isotope), uranium–233, or plutonium in

13 any combination in a total quantity of 5,000 grams

14 or more computed by the formula, grams = (grams

15 contained U–235) + 2.5 (grams U–233 + grams plu16 tonium), as set forth in the definitions of ‘‘formula

17 quantity’’ and ‘‘strategic special nuclear material’’ in

18 section 73.2 of title 10, Code of Federal Regulations.

19 (3) The term ‘‘Nuclear Non-Proliferation Trea20 ty’’ means the Treaty on the Non-Proliferation of Nu21 clear Weapons, done at Washington, London, and

22 Moscow July 1, 1968, and entered into force March

23 5, 1970 (21 UST 483).

24 (4) The term ‘‘nuclear weapon’’ means any de25 vice utilizing atomic energy, exclusive of the means
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1 for transporting or propelling the device (where such

2 means is a separable and divisible part of the device),

3 the principal purpose of which is for use as, or for

4 the development of, a weapon, a weapon prototype, or

5 a weapon test device.

6 SEC. 3132. FINDINGS.

7 Congress makes the following findings:

8 (1) The possibility that terrorists may acquire

9 and use a nuclear weapon against the United States

10 is the most horrific threat that our Nation faces.

11 (2) The September 2006 ‘‘National Strategy for

12 Combating Terrorism’’ issued by the White House

13 states, ‘‘Weapons of mass destruction in the hands of

14 terrorists is one of the gravest threats we face.’’

15 (3) Former Senator and cofounder of the Nuclear

16 Threat Initiative Sam Nunn has stated, ‘‘Stockpiles

17 of loosely guarded nuclear weapons material are scat18 tered around the world, offering inviting targets for

19 theft or sale. We are working on this, but I believe

20 that the threat is outrunning our response.’’.

21 (4) Existing programs intended to secure, mon22 itor, and reduce nuclear stockpiles, redirect nuclear

23 scientists, and interdict nuclear smuggling have made

24 substantial progress, but additional efforts are needed
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1 to reduce the threat of nuclear terrorism as much as

2 possible.

3 (5) Former United Nations Secretary-General

4 Kofi Annan has said that a nuclear terror attack

5 ‘‘would not only cause widespread death and destruc6 tion, but would stagger the world economy and thrust

7 tens of millions of people into dire poverty’’.

8 (6) United Nations Security Council Resolution

9 1540 (2004) reaffirms the need to combat by all

10 means, in accordance with the Charter of the United

11 Nations, threats to international peace and security

12 caused by terrorist acts, and directs all countries, in

13 accordance with their national procedures, to adopt

14 and enforce effective laws that prohibit any non-state

15 actor from manufacturing, acquiring, possessing, de16 veloping, transporting, transferring, or using nuclear,

17 chemical, or biological weapons and their means of

18 delivery, in particular for terrorist purposes, and to

19 prohibit attempts to engage in any of the foregoing

20 activities, participate in them as an accomplice, or

21 assist or finance them.

22 (7) The Director General of the International

23 Atomic Energy Agency, Dr. Mohammed ElBaradei,

24 has said that it is a ‘‘race against time’’ to prevent

25 a terrorist attack using a nuclear weapon.
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1 (8) The International Atomic Energy Agency

2 plays a vital role in coordinating efforts to protect

3 nuclear materials and to combat nuclear smuggling.

4 (9) Legislation sponsored by Senator Richard

5 Lugar, Senator Pete Domenici, and former Senator

6 Sam Nunn has resulted in groundbreaking programs

7 to secure nuclear weapons and materials and to help

8 ensure that such weapons and materials do not fall

9 into the hands of terrorists.

10 SEC. 3133. SENSE OF CONGRESS ON THE PREVENTION OF

11 NUCLEAR TERRORISM.

12 It is the sense of Congress that—

13 (1) the President should make the prevention of

14 a nuclear terrorist attack on the United States of the

15 highest priority;

16 (2) the President should accelerate programs, re17 questing additional funding as appropriate, to pre18 vent nuclear terrorism, including combating nuclear

19 smuggling, securing and accounting for nuclear weap20 ons, and eliminating, removing, or securing and ac21 counting for formula quantities of strategic special

22 nuclear material wherever such quantities may be;

23 (3) the United States, together with the inter24 national community, should take a comprehensive ap25 proach to reducing the danger of nuclear terrorism,
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1 including by making additional efforts to identify

2 and eliminate terrorist groups that aim to acquire

3 nuclear weapons, to ensure that nuclear weapons

4 worldwide are secure and accounted for and that for5 mula quantities of strategic special nuclear material

6 worldwide are eliminated, removed, or secure and ac7 counted for to a degree sufficient to defeat the threat

8 that terrorists and criminals have shown they can

9 pose, and to increase the ability to find and stop ter10 rorist efforts to manufacture nuclear explosives or to

11 transport nuclear explosives and materials anywhere

12 in the world;

13 (4) within such a comprehensive approach, a

14 high priority must be placed on ensuring that all nu15 clear weapons worldwide are secure and accounted for

16 and that all formula quantities of strategic special

17 nuclear material worldwide are eliminated, removed,

18 or secure and accounted for; and

19 (5) the International Atomic Energy Agency

20 should be funded appropriately to fulfill its role in co21 ordinating international efforts to protect nuclear

22 material and to combat nuclear smuggling.
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1 SEC. 3134. MINIMUM SECURITY STANDARD FOR NUCLEAR

2 WEAPONS AND FORMULA QUANTITIES OF

3 STRATEGIC SPECIAL NUCLEAR MATERIAL.

4 (a) POLICY.—It is the policy of the United States to

5 work with the international community to take all possible

6 steps to ensure that all nuclear weapons around the world

7 are secure and accounted for and that all formula quan8 tities of strategic special nuclear material are eliminated,

9 removed, or secure and accounted for to a level sufficient

10 to defeat the threats posed by terrorists and criminals.

11 (b) INTERNATIONAL NUCLEAR SECURITY STAND12 ARD.—In furtherance of the policy described in subsection

13 (a), and consistent with the requirement for ‘‘appropriate

14 effective’’ physical protection contained in United Nations

15 Security Council Resolution 1540 (2004), as well as the Nu16 clear Non-Proliferation Treaty and the Convention on the

17 Physical Protection of Nuclear Material, the President, in

18 consultation with relevant Federal departments and agen19 cies, shall seek the broadest possible international agreement

20 on a global standard for nuclear security that—

21 (1) ensures that nuclear weapons and formula

22 quantities of strategic special nuclear material are se23 cure and accounted for to a sufficient level to defeat

24 the threats posed by terrorists and criminals;

25 (2) takes into account the limitations of equip26 ment and human performance; and
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1 (3) includes steps to provide confidence that the

2 needed measures have in fact been implemented.

3 (c) INTERNATIONAL EFFORTS.—In furtherance of the

4 policy described in subsection (a), the President, in con5 sultation with relevant Federal departments and agencies,

6 shall—

7 (1) work with other countries and the Inter8 national Atomic Energy Agency to assist as appro9 priate, and if necessary, work to convince, the govern10 ments of any and all countries in possession of nu11 clear weapons or formula quantities of strategic spe12 cial nuclear material to ensure that security is up13 graded to meet the standard described in subsection

14 (b) as rapidly as possible and in a manner that—

15 (A) accounts for the nature of the terrorist

16 and criminal threat in each such country; and

17 (B) ensures that any measures to which the

18 United States and any such country agree are

19 sustained after United States and other inter20 national assistance ends;

21 (2) ensure that United States financial and tech22 nical assistance is available as appropriate to coun23 tries for which the provision of such assistance would

24 accelerate the implementation of, or improve the effec25 tiveness of, such security upgrades; and
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1 (3) work with the governments of other countries

2 to ensure that effective nuclear security rules, accom3 panied by effective regulation and enforcement, are

4 put in place to govern all nuclear weapons and for5 mula quantities of strategic special nuclear material

6 around the world.

7 SEC. 3135. ANNUAL REPORT.

8 (a) IN GENERAL.—Not later than September 1 of each

9 year, the President, in consultation with relevant Federal

10 departments and agencies, shall submit to Congress a report

11 on the security of nuclear weapons, formula quantities of

12 strategic special nuclear material, radiological materials,

13 and related equipment worldwide.

14 (b) ELEMENTS.—The report required under subsection

15 (a) shall include the following:

16 (1) A section on the programs for the security

17 and accounting of nuclear weapons and the elimi18 nation, removal, and security and accounting of for19 mula quantities of strategic special nuclear material

20 and radiological materials, established under section

21 3132(b) of the Ronald W. Reagan National Defense

22 Authorization Act for Fiscal Year 2005 (50 U.S.C.

23 2569(b)), which shall include the following:

24 (A) A survey of the facilities and sites

25 worldwide that contain nuclear weapons or re-
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1 lated equipment, formula quantities of strategic

2 special nuclear material, or radiological mate3 rials.

4 (B) A list of such facilities and sites deter5 mined to be of the highest priority for security

6 and accounting of nuclear weapons and related

7 equipment, or the elimination, removal, or secu8 rity and accounting of formula quantities of

9 strategic special nuclear material and radio10 logical materials, taking into account risk of

11 theft from such facilities and sites, and organized

12 by level of priority.

13 (C) A prioritized diplomatic and technical

14 plan, including measurable milestones, metrics,

15 estimated timetables, and estimated costs of im16 plementation, on the following:

17 (i) The security and accounting of nu18 clear weapons and related equipment and

19 the elimination, removal, or security and

20 accounting of formula quantities of strategic

21 special nuclear material and radiological

22 materials at such facilities and sites world23 wide.

24 (ii) Ensuring that security upgrades

25 and accounting reforms implemented at
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1 such facilities and sites worldwide using the

2 financial and technical assistance of the

3 United States are effectively sustained after

4 such assistance ends.

5 (iii) The role that international agen6 cies and the international community have

7 committed to play, together with a plan for

8 securing contributions.

9 (D) An assessment of the progress made in

10 implementing the plan described in subpara11 graph (C), including a description of the efforts

12 of foreign governments to secure and account for

13 nuclear weapons and related equipment and to

14 eliminate, remove, or secure and account for for15 mula quantities of strategic special nuclear ma16 terial and radiological materials.

17 (2) A section on efforts to establish and imple18 ment the international nuclear security standard de19 scribed in section 3134(b) and related policies.

20 (c) FORM.—The report may be submitted in classified

21 form but shall include a detailed unclassified summary.

22 SEC. 3136. MODIFICATION OF REPORTING REQUIREMENT.

23 Section 3111 of the National Defense Authorization

24 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

25 3539) is amended—
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1 (1) in subsection (b), by striking ‘‘March 1,

2 2007’’ and inserting ‘‘March 1 of 2007, 2009, 2011,

3 and 2013’’;

4 (2) by redesignating subsections (c) and (d) as

5 subsections (d) and (e), respectively;

6 (3) by inserting after subsection (b) the following

7 new subsection (c):

8 ‘‘(c) FORM.—The report required by subsection (b) to

9 be submitted not later than March 1 of 2009, 2011, or 2013,

10 shall be submitted in classified form, and shall include a

11 detailed unclassified summary.’’; and

12 (4) in subsection (e), as redesignated, by striking

13 ‘‘(c)’’ and inserting ‘‘(d)’’.

14 SEC. 3137. MODIFICATION OF SUNSET DATE OF THE OFFICE

15 OF THE OMBUDSMAN OF THE ENERGY EM16 PLOYEES OCCUPATIONAL ILLNESS COM17 PENSATION PROGRAM.

18 Section 3686(g) of the Energy Employees Occupa19 tional Illness Compensation Program Act of 2000 (42

20 U.S.C. 7385s–15(g)) is amended by striking ‘‘on the date

21 that is 3 years after the date of the enactment of this sec22 tion’’ and inserting ‘‘October 28, 2012’’.
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1 SEC. 3138. EVALUATION OF NATIONAL NUCLEAR SECURITY

2 ADMINISTRATION STRATEGIC PLAN FOR AD3 VANCED COMPUTING.

4 (a) IN GENERAL.—The Secretary of Energy shall—

5 (1) enter into an agreement with an independent

6 entity to conduct an evaluation of the strategic plan

7 for advanced computing of the National Nuclear Se8 curity Administration; and

9 (2) not later than 180 days after the date of the

10 enactment of this Act, submit to the congressional de11 fense committees a report containing the results of

12 evaluation described in paragraph (1).

13 (b) ELEMENTS.—The evaluation described in sub14 section (a)(1) shall include the following:

15 (1) An assessment of—

16 (A) the role of research into, and develop17 ment of, high-performance computing supported

18 by the National Nuclear Security Administra19 tion in maintaining the leadership of the United

20 States in high-performance computing; and

21 (B) any impact of reduced investment by

22 the National Nuclear Security Administration in

23 such research and development.

24 (2) An assessment of the ability of the National

25 Nuclear Security Administration to utilize the high26 performance computing capability of the Department
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1 of Energy and National Nuclear Security Adminis2 tration national laboratories to support the Stockpile

3 Stewardship Program and nonweapons modeling and

4 calculations.

5 (3) An assessment of the effectiveness of the De6 partment of Energy and the National Nuclear Secu7 rity Administration in sharing high-performance

8 computing developments with private industry and

9 capitalizing on innovations in private industry in

10 high-performance computing.

11 (4) A description of the strategy of the Depart12 ment of Energy for developing an exaflop computing

13 capability.

14 (5) An assessment of the efforts of the Depart15 ment of Energy to—

16 (A) coordinate high-performance computing

17 work within the Department, in particular

18 among the Office of Science, the National Nu19 clear Security Administration, and the Office of

20 Energy Efficiency and Renewable Energy; and

21 (B) develop joint strategies with other Fed22 eral Government agencies and private industry

23 groups for the development of high-performance

24 computing.
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1 SEC. 3139. AGREEMENTS AND REPORTS ON NUCLEAR

2 FORENSICS CAPABILITIES.

3 (a) INTERNATIONAL AGREEMENTS ON NUCLEAR

4 WEAPONS DATA.—The Secretary of Energy may, with the

5 concurrence of the Secretary of State and in coordination

6 with the Secretary of Defense, the Secretary of Homeland

7 Security, and the Director of National Intelligence, enter

8 into agreements with countries or international organiza9 tions to conduct data collection and analysis to determine

10 accurately and in a timely manner the source of any com11 ponents of, or fissile material used or attempted to be used

12 in, a nuclear device or weapon.

13 (b) INTERNATIONAL AGREEMENTS ON INFORMATION

14 ON RADIOACTIVE MATERIALS.—The Secretary of Energy

15 may, with the concurrence of the Secretary of State and

16 in coordination with the Secretary of Defense, the Secretary

17 of Homeland Security, and the Director of National Intel18 ligence, enter into agreements with countries or inter19 national organizations—

20 (1) to acquire for the materials information pro21 gram of the Department of Energy validated informa22 tion on the physical characteristics of radioactive ma23 terial produced, used, or stored at various locations,

24 in order to facilitate the ability to determine accu25 rately and in a timely manner the source of any com-
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1 ponents of, or fissile material used or attempted to be

2 used in, a nuclear device or weapon; and

3 (2) to obtain access to information described in

4 paragraph (1) in the event of—

5 (A) a nuclear detonation; or

6 (B) the interdiction or discovery of a nu7 clear device or weapon or nuclear material.

8 (c) REPORT ON AGREEMENTS.—Not later than one

9 year after the date of the enactment of this Act, the Sec10 retary of Energy shall, in coordination with the Secretary

11 of State, submit to Congress a report identifying—

12 (1) the countries or international organizations

13 with which the Secretary has sought to make agree14 ments pursuant to subsections (a) and (b);

15 (2) any countries or international organizations

16 with which such agreements have been finalized and

17 the measures included in such agreements; and

18 (3) any major obstacles to completing such agree19 ments with other countries and international organi20 zations.

21 (d) REPORT ON STANDARDS AND CAPABILITIES.—Not

22 later than 180 days after the date of the enactment of this

23 Act, the President shall submit to Congress a report—

24 (1) setting forth standards and procedures to be

25 used in determining accurately and in a timely man-
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1 ner any country or group that knowingly or neg2 ligently provides to another country or group—

3 (A) a nuclear device or weapon;

4 (B) a major component of a nuclear device

5 or weapon; or

6 (C) fissile material that could be used in a

7 nuclear device or weapon;

8 (2) assessing the capability of the United States

9 to collect and analyze nuclear material or debris in

10 a manner consistent with the standards and proce11 dures described in paragraph (1); and

12 (3) including a plan and proposed funding for

13 rectifying any shortfalls in the nuclear forensics capa14 bilities of the United States by September 30, 2010.

15 TITLE XXXII—DEFENSE NU16 CLEAR FACILITIES SAFETY

17 BOARD

18 SEC. 3201. AUTHORIZATION.

19 There are authorized to be appropriated for fiscal year

20 2008, $27,499,000 for the operation of the Defense Nuclear

21 Facilities Safety Board under chapter 21 of the Atomic En22 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 DIVISION D—VETERAN SMALL

2 BUSINESSES

3 SEC. 4001. SHORT TITLE.

4 This division may be cited as the ‘‘Military Reservist

5 and Veteran Small Business Reauthorization and Oppor6 tunity Act of 2007’’.

7 SEC. 4002. DEFINITIONS.

8 In this division—

9 (1) the term ‘‘activated’’ means receiving an

10 order placing a Reservist on active duty;

11 (2) the term ‘‘active duty’’ has the meaning

12 given that term in section 101 of title 10, United

13 States Code;

14 (3) the terms ‘‘Administration’’ and ‘‘Adminis15 trator’’ mean the Small Business Administration and

16 the Administrator thereof, respectively;

17 (4) the term ‘‘Reservist’’ means a member of a

18 reserve component of the Armed Forces, as described

19 in section 10101 of title 10, United States Code;

20 (5) the term ‘‘Service Corps of Retired Execu21 tives’’ means the Service Corps of Retired Executives

22 authorized by section 8(b)(1) of the Small Business

23 Act (15 U.S.C. 637(b)(1));
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1 (6) the terms ‘‘service-disabled veteran’’ and

2 ‘‘small business concern’’ have the meaning as in sec3 tion 3 of the Small Business Act (15 U.S.C. 632);

4 (7) the term ‘‘small business development center’’

5 means a small business development center described

6 in section 21 of the Small Business Act (15 U.S.C.

7 648); and

8 (8) the term ‘‘women’s business center’’ means a

9 women’s business center described in section 29 of the

10 Small Business Act (15 U.S.C. 656).

11 TITLE XLI—VETERANS BUSINESS

12 DEVELOPMENT

13 SEC. 4101. INCREASED FUNDING FOR THE OFFICE OF VET14 ERANS BUSINESS DEVELOPMENT.

15 (a) IN GENERAL.—There are authorized to be appro16 priated to the Office of Veterans Business Development of

17 the Administration, to remain available until expended—

18 (1) $2,100,000 for fiscal year 2008;

19 (2) $2,300,000 for fiscal year 2009; and

20 (3) $2,500,000 for fiscal year 2010.

21 (b) FUNDING OFFSET.—Amounts necessary to carry

22 out subsection (a) shall be offset and made available through

23 the reduction of the authorization of funding under section

24 20(e)(1)(B)(iv) of the Small Business Act (15 U.S.C. 631

25 note).
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1 (c) SENSE OF CONGRESS.—It is the sense of Congress

2 that any amounts provided pursuant to this section that

3 are in excess of amounts provided to the Administration

4 for the Office of Veterans Business Development in fiscal

5 year 2007, should be used to support Veterans Business Out6 reach Centers.

7 SEC. 4102. INTERAGENCY TASK FORCE.

8 Section 32 of the Small Business Act (15 U.S.C. 657b)

9 is amended by adding at the end the following:

10 ‘‘(d) INTERAGENCY TASK FORCE.—

11 ‘‘(1) ESTABLISHMENT.—Not later than 90 days

12 after the date of enactment of this subsection, the

13 President shall establish an interagency task force to

14 coordinate the efforts of Federal agencies necessary to

15 increase capital and business development opportuni16 ties for, and increase the award of Federal con17 tracting and subcontracting opportunities to, small

18 business concerns owned and controlled by service-dis19 abled veterans and small business concerns owned and

20 controlled by veterans (in this section referred to as

21 the ‘task force’).

22 ‘‘(2) MEMBERSHIP.—The members of the task

23 force shall include—

24 ‘‘(A) the Administrator, who shall serve as

25 chairperson of the task force;
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1 ‘‘(B) a representative from—

2 ‘‘(i) the Department of Veterans Af3 fairs;

4 ‘‘(ii) the Department of Defense;

5 ‘‘(iii) the Administration (in addition

6 to the Administrator);

7 ‘‘(iv) the Department of Labor;

8 ‘‘(v) the Department of the Treasury;

9 ‘‘(vi) the General Services Administra10 tion; and

11 ‘‘(vii) the Office of Management and

12 Budget; and

13 ‘‘(C) 4 representatives from a veterans serv14 ice organization or military organization or as15 sociation, selected by the President.

16 ‘‘(3) DUTIES.—The task force shall coordinate

17 administrative and regulatory activities and develop

18 proposals relating to—

19 ‘‘(A) increasing capital access and capacity

20 of small business concerns owned and controlled

21 by service-disabled veterans and small business

22 concerns owned and controlled by veterans

23 through loans, surety bonding, and franchising;

24 ‘‘(B) increasing access to Federal con25 tracting and subcontracting for small business
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1 concerns owned and controlled by service-dis2 abled veterans and small business concerns

3 owned and controlled by veterans through ex4 panded mentor-prote ́ge ́ assistance and matching

5 such small business concerns with contracting

6 opportunities;

7 ‘‘(C) increasing the integrity of certifi8 cations of status as a small business concern

9 owned and controlled by service-disabled veterans

10 or a small business concern owned and controlled

11 by veterans;

12 ‘‘(D) reducing paperwork and administra13 tive burdens on veterans in accessing business

14 development and entrepreneurship opportunities;

15 and

16 ‘‘(E) making other improvements relating to

17 the support for veterans business development by

18 the Federal Government.

19 ‘‘(4) REPORTING.—The task force shall submit

20 an annual report regarding its activities and pro21 posals to—

22 ‘‘(A) the Committee on Small Business and

23 Entrepreneurship and the Committee on Vet24 erans’ Affairs of the Senate; and
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1 ‘‘(B) the Committee on Small Business and

2 the Committee on Veterans’ Affairs of the House

3 of Representatives.’’.

4 SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COM5 MITTEE ON VETERANS BUSINESS AFFAIRS.

6 (a) ASSUMPTION OF DUTIES.—Section 33 of the Small

7 Business Act (15 U.S.C. 657c) is amended—

8 (1) by striking subsection (h); and

9 (2) by redesignating subsections (i) through (k)

10 as subsections (h) through (j), respectively.

11 (b) PERMANENT EXTENSION OF AUTHORITY.—Section

12 203 of the Veterans Entrepreneurship and Small Business

13 Development Act of 1999 (15 U.S.C. 657b note) is amended

14 by striking subsection (h).

15 TITLE XLII—NATIONAL RESERV16 IST ENTERPRISE TRANSITION

17 AND SUSTAINABILITY

18 SEC. 4201. SHORT TITLE.

19 This title may be cited as the ‘‘National Reservist En20 terprise Transition and Sustainability Act of 2007’’.

21 SEC. 4202. PURPOSE.

22 The purpose of this title is to establish a program to—

23 (1) provide managerial, financial, planning, de24 velopment, technical, and regulatory assistance to
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1 small business concerns owned and operated by Re2 servists;

3 (2) provide managerial, financial, planning, de4 velopment, technical, and regulatory assistance to the

5 temporary heads of small business concerns owned

6 and operated by Reservists;

7 (3) create a partnership between the Small Busi8 ness Administration, the Department of Defense, and

9 the Department of Veterans Affairs to assist small

10 business concerns owned and operated by Reservists;

11 (4) utilize the service delivery network of small

12 business development centers, women’s business cen13 ters, Veterans Business Outreach Centers, and centers

14 operated by the National Veterans Business Develop15 ment Corporation to expand the access of small busi16 ness concerns owned and operated by Reservists to

17 programs providing business management, develop18 ment, financial, procurement, technical, regulatory,

19 and marketing assistance;

20 (5) utilize the service delivery network of small

21 business development centers, women’s business cen22 ters, Veterans Business Outreach Centers, and centers

23 operated by the National Veterans Business Develop24 ment Corporation to quickly respond to an activation
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1 of Reservists that own and operate small business

2 concerns; and

3 (6) utilize the service delivery network of small

4 business development centers, women’s business cen5 ters, Veterans Business Outreach Centers, and centers

6 operated by the National Veterans Business Develop7 ment Corporation to assist Reservists that own and

8 operate small business concerns in preparing for fu9 ture military activations.

10 SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS AS11 SISTANCE.

12 (a) IN GENERAL.—Section 21(a)(1) of the Small Busi13 ness Act (15 U.S.C. 648(a)(1)) is amended by inserting

14 ‘‘any small business development center, women’s business

15 center, Veterans Business Outreach Center, or center oper16 ated by the National Veterans Business Development Cor17 poration providing enterprise transition and sustainability

18 assistance to Reservists under section 37,’’ after ‘‘any wom19 en’s business center operating pursuant to section 29,’’.

20 (b) PROGRAM.—The Small Business Act (15 U.S.C.

21 631 et seq.) is amended—

22 (1) by redesignating section 37 (15 U.S.C. 631

23 note) as section 38; and

24 (2) by inserting after section 36 the following:
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1 ‘‘SEC. 37. RESERVIST ENTERPRISE TRANSITION AND SUS2 TAINABILITY.

3 ‘‘(a) IN GENERAL.—The Administrator shall establish

4 a program to provide business planning assistance to small

5 business concerns owned and operated by Reservists.

6 ‘‘(b) DEFINITIONS.—In this section—

7 ‘‘(1) the terms ‘activated’ and ‘activation’ mean

8 having received an order placing a Reservists on ac9 tive duty, as defined by section 101(1) of title 10,

10 United States Code;

11 ‘‘(2) the term ‘Administrator’ means the Admin12 istrator of the Small Business Administration, acting

13 through the Associate Administrator for Small Busi14 ness Development Centers;

15 ‘‘(3) the term ‘Association’ means the association

16 established under section 21(a)(3)(A);

17 ‘‘(4) the term ‘eligible applicant’ means—

18 ‘‘(A) a small business development center

19 that is accredited under section 21(k);

20 ‘‘(B) a women’s business center;

21 ‘‘(C) a Veterans Business Outreach Center

22 that receives funds from the Office of Veterans

23 Business Development; or

24 ‘‘(D) an information and assistance center

25 operated by the National Veterans Business De26 velopment Corporation under section 33;
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1 ‘‘(5) the term ‘enterprise transition and sustain2 ability assistance’ means assistance provided by an

3 eligible applicant to a small business concern owned

4 and operated by a Reservist, who has been activated

5 or is likely to be activated in the next 12 months, to

6 develop and implement a business strategy for the pe7 riod while the owner is on active duty and 6 months

8 after the date of the return of the owner;

9 ‘‘(6) the term ‘Reservist’ means any person who

10 is—

11 ‘‘(A) a member of a reserve component of

12 the Armed Forces, as defined by section 10101 of

13 title 10, United States Code; and

14 ‘‘(B) on active status, as defined by section

15 101(d)(4) of title 10, United States Code;

16 ‘‘(7) the term ‘small business development center’

17 means a small business development center as de18 scribed in section 21 of the Small Business Act (15

19 U.S.C. 648);

20 ‘‘(8) the term ‘State’ means each of the several

21 States of the United States, the District of Columbia,

22 the Commonwealth of Puerto Rico, the Virgin Islands,

23 American Samoa, and Guam; and
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1 ‘‘(9) the term ‘women’s business center’ means a

2 women’s business center described in section 29 of the

3 Small Business Act (15 U.S.C. 656).

4 ‘‘(c) AUTHORITY.—The Administrator may award

5 grants, in accordance with the regulations developed under

6 subsection (d), to eligible applicants to assist small business

7 concerns owned and operated by Reservists by—

8 ‘‘(1) providing management, development, fi9 nancing, procurement, technical, regulatory, and

10 marketing assistance;

11 ‘‘(2) providing access to information and re12 sources, including Federal and State business assist13 ance programs;

14 ‘‘(3) distributing contact information provided

15 by the Department of Defense regarding activated Re16 servists to corresponding State directors;

17 ‘‘(4) offering free, one-on-one, in-depth counseling

18 regarding management, development, financing, pro19 curement, regulations, and marketing;

20 ‘‘(5) assisting in developing a long-term plan for

21 possible future activation; and

22 ‘‘(6) providing enterprise transition and sustain23 ability assistance.

24 ‘‘(d) RULEMAKING.—
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1 ‘‘(1) IN GENERAL.—The Administrator, in con2 sultation with the Association and after notice and

3 an opportunity for comment, shall promulgate regula4 tions to carry out this section.

5 ‘‘(2) DEADLINE.—The Administrator shall pro6 mulgate final regulations not later than 180 days of

7 the date of enactment of the Military Reservist and

8 Veteran Small Business Reauthorization and Oppor9 tunity Act of 2007.

10 ‘‘(3) CONTENTS.—The regulations developed by

11 the Administrator under this subsection shall

12 establish—

13 ‘‘(A) procedures for identifying, in consulta14 tion with the Secretary of Defense, States that

15 have had a recent activation of Reservists;

16 ‘‘(B) priorities for the types of assistance to

17 be provided under the program authorized by

18 this section;

19 ‘‘(C) standards relating to educational, tech20 nical, and support services to be provided by a

21 grantee;

22 ‘‘(D) standards relating to any national

23 service delivery and support function to be pro24 vided by a grantee;
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1 ‘‘(E) standards relating to any work plan

2 that the Administrator may require a grantee to

3 develop; and

4 ‘‘(F) standards relating to the educational,

5 technical, and professional competency of any ex6 pert or other assistance provider to whom a

7 small business concern may be referred for assist8 ance by a grantee.

9 ‘‘(e) APPLICATION.—

10 ‘‘(1) IN GENERAL.—Each eligible applicant de11 siring a grant under this section shall submit an ap12 plication to the Administrator at such time, in such

13 manner, and accompanied by such information as the

14 Administrator may reasonably require.

15 ‘‘(2) CONTENTS.—Each application submitted

16 under paragraph (1) shall describe—

17 ‘‘(A) the activities for which the applicant

18 seeks assistance under this section; and

19 ‘‘(B) how the applicant plans to allocate

20 funds within its network.

21 ‘‘(f) AWARD OF GRANTS.—

22 ‘‘(1) DEADLINE.—The Administrator shall

23 award grants not later than 60 days after the pro24 mulgation of final rules and regulations under sub25 section (d).
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1 ‘‘(2) AMOUNT.—Each eligible applicant awarded

2 a grant under this section shall receive a grant in an

3 amount not greater than $300,000 per fiscal year.

4 ‘‘(g) REPORT.—

5 ‘‘(1) IN GENERAL.—The Comptroller General of

6 the United States shall—

7 ‘‘(A) initiate an evaluation of the program

8 not later than 30 months after the disbursement

9 of the first grant under this section; and

10 ‘‘(B) submit a report not later than 6

11 months after the initiation of the evaluation

12 under paragraph (1) to—

13 ‘‘(i) the Administrator;

14 ‘‘(ii) the Committee on Small Business

15 and Entrepreneurship of the Senate; and

16 ‘‘(iii) the Committee on Small Busi17 ness of the House of Representatives.

18 ‘‘(2) CONTENTS.—The report under paragraph

19 (1) shall—

20 ‘‘(A) address the results of the evaluation

21 conducted under paragraph (1); and

22 ‘‘(B) recommend changes to law, if any,

23 that it believes would be necessary or advisable

24 to achieve the goals of this section.

25 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) IN GENERAL.—There are authorized to be

2 appropriated to carry out this section—

3 ‘‘(A) $5,000,000 for the first fiscal year be4 ginning after the date of enactment of the Mili5 tary Reservist and Veteran Small Business Re6 authorization and Opportunity Act of 2007; and

7 ‘‘(B) $5,000,000 for each of the 3 fiscal

8 years following the fiscal year described in sub9 paragraph (A).

10 ‘‘(2) FUNDING OFFSET.—Amounts necessary to

11 carry out this section shall be offset and made avail12 able through the reduction of the authorization of

13 funding under section 20(e)(1)(B)(iv) of the Small

14 Business Act (15 U.S.C. 631 note).’’.

15 TITLE XLIII—RESERVIST

16 PROGRAMS

17 SEC. 4301. RESERVIST PROGRAMS.

18 (a) APPLICATION PERIOD.—Section 7(b)(3)(C) of the

19 Small Business Act (15 U.S.C. 636(b)(3)(C)) is amended

20 by striking ‘‘90 days’’ and inserting ‘‘1 year’’.

21 (b) PRE-CONSIDERATION PROCESS.—

22 (1) DEFINITION.—In this subsection, the term

23 ‘‘eligible Reservist’’ means a Reservist who—

24 (A) has not been ordered to active duty;
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1 (B) expects to be ordered to active duty dur2 ing a period of military conflict; and

3 (C) can reasonably demonstrate that the

4 small business concern for which that Reservist

5 is a key employee will suffer economic injury in

6 the absence of that Reservist.

7 (2) ESTABLISHMENT.—Not later than 6 months

8 after the date of enactment of this Act, the Adminis9 trator shall establish a pre-consideration process,

10 under which the Administrator—

11 (A) may collect all relevant materials nec12 essary for processing a loan to a small business

13 concern under section 7(b)(3) of the Small Busi14 ness Act (15 U.S.C. 636(b)(3)) before an eligible

15 Reservist employed by that small business con16 cern is activated; and

17 (B) shall distribute funds for any loan ap18 proved under subparagraph (A) if that eligible

19 Reservist is activated.

20 (c) OUTREACH AND TECHNICAL ASSISTANCE PRO21 GRAM.—

22 (1) IN GENERAL.—Not later than 6 months after

23 the date of enactment of this Act, the Administrator,

24 in consultation with the Secretary of Veterans Affairs

25 and the Secretary of Defense, shall develop a com-
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1 prehensive outreach and technical assistance program

2 (in this subsection referred to as the ‘‘program’’) to—

3 (A) market the loans available under section

4 7(b)(3) of the Small Business Act (15 U.S.C.

5 636(b)(3)) to Reservists, and family members of

6 Reservists, that are on active duty and that are

7 not on active duty; and

8 (B) provide technical assistance to a small

9 business concern applying for a loan under that

10 section.

11 (2) COMPONENTS.—The program shall—

12 (A) incorporate appropriate websites main13 tained by the Administration, the Department of

14 Veterans Affairs, and the Department of Defense;

15 and

16 (B) require that information on the pro17 gram is made available to small business con18 cerns directly through—

19 (i) the district offices and resource

20 partners of the Administration, including

21 small business development centers, women’s

22 business centers, and the Service Corps of

23 Retired Executives; and
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1 (ii) other Federal agencies, including

2 the Department of Veterans Affairs and the

3 Department of Defense.

4 (3) REPORT.—

5 (A) IN GENERAL.—Not later than 6 months

6 after the date of enactment of this Act, and every

7 6 months thereafter until the date that is 30

8 months after such date of enactment, the Admin9 istrator shall submit to Congress a report on the

10 status of the program.

11 (B) CONTENTS.—Each report submitted

12 under subparagraph (A) shall include—

13 (i) for the 6-month period ending on

14 the date of that report—

15 (I) the number of loans approved

16 under section 7(b)(3) of the Small

17 Business Act (15 U.S.C. 636(b)(3));

18 (II) the number of loans disbursed

19 under that section; and

20 (III) the total amount disbursed

21 under that section; and

22 (ii) recommendations, if any, to make

23 the program more effective in serving small

24 business concerns that employ Reservists.
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1 SEC. 4302. RESERVIST LOANS.

2 (a) IN GENERAL.—Section 7(b)(3)(E) of the Small

3 Business Act (15 U.S.C. 636(b)(3)(E)) is amended by strik4 ing ‘‘$1,500,000’’ each place such term appears and insert5 ing ‘‘$2,000,000’’.

6 (b) LOAN INFORMATION.—

7 (1) IN GENERAL.—The Administrator and the

8 Secretary of Defense shall develop a joint website and

9 printed materials providing information regarding

10 any program for small business concerns that is

11 available to veterans or Reservists.

12 (2) MARKETING.—The Administrator is

13 authorized—

14 (A) to advertise and promote the program

15 under section 7(b)(3) of the Small Business Act

16 jointly with the Secretary of Defense and vet17 erans’ service organizations; and

18 (B) to advertise and promote participation

19 by lenders in such program jointly with trade

20 associations for banks or other lending institu21 tions.

22 SEC. 4303. NONCOLLATERALIZED LOANS.

23 Section 7(b)(3) of the Small Business Act (15 U.S.C.

24 636(b)(3)) is amended by adding at the end the following:

25 ‘‘(G)(i) Notwithstanding any other provi26 sion of law, the Administrator may make a loan
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1 under this paragraph of not more than $50,000

2 without collateral.

3 ‘‘(ii) The Administrator may defer payment

4 of principal and interest on a loan described in

5 clause (i) during the longer of—

6 ‘‘(I) the 1-year period beginning on the

7 date of the initial disbursement of the loan;

8 and

9 ‘‘(II) the period during which the rel10 evant essential employee is on active duty.’’.

11 SEC. 4304. LOAN PRIORITY.

12 Section 7(b)(3) of the Small Business Act (15 U.S.C.

13 636(b)(3)), as amended by this Act, is amended by adding

14 at the end the following:

15 ‘‘(H) The Administrator shall give priority

16 to any application for a loan under this para17 graph and shall process and make a determina18 tion regarding such applications prior to proc19 essing or making a determination on other loan

20 applications under this subsection, on a rolling

21 basis.’’.

22 SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN23 OWNED SMALL BUSINESSES.

24 Section 3(q) of the Small Business Act (15 U.S.C.

25 632(q)) is amended by adding at the end the following:
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1 ‘‘(5) RELIEF FROM TIME LIMITATIONS.—

2 ‘‘(A) IN GENERAL.—Any time limitation on

3 any qualification, certification, or period of par4 ticipation imposed under this Act on any pro5 gram available to small business concerns shall

6 be extended for a small business concern that—

7 ‘‘(i) is owned and controlled by—

8 ‘‘(I) a veteran who was called or

9 ordered to active duty under a provi10 sion of law specified in section

11 101(a)(13)(B) of title 10, United

12 States Code, on or after September 11,

13 2001; or

14 ‘‘(II) a service-disabled veteran

15 who became such a veteran due to an

16 injury or illness incurred or aggra17 vated in the active military, naval, or

18 air service during a period of active

19 duty pursuant to a call or order to ac20 tive duty under a provision of law re21 ferred to in subclause (I) on or after

22 September 11, 2001; and

23 ‘‘(ii) was subject to the time limitation

24 during such period of active duty.
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1 ‘‘(B) DURATION.—Upon submission of

2 proper documentation to the Administrator, the

3 extension of a time limitation under subpara4 graph (A) shall be equal to the period of time

5 that such veteran who owned or controlled such

6 a concern was on active duty as described in

7 that subparagraph.’’.

8 SEC. 4306. SERVICE-DISABLED VETERANS.

9 Not later than 180 days after the date of enactment

10 of this Act, the Comptroller General of the United States

11 shall submit to the Committee on Small Business and En12 trepreneurship of the Senate and the Committee on Small

13 Business of the House of Representatives a report

14 describing—

15 (1) the types of assistance needed by service-dis16 abled veterans who wish to become entrepreneurs; and

17 (2) any resources that would assist such service18 disabled veterans.

19 SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE

20 WORKING RELATIONS BETWEEN EMPLOYERS

21 AND THEIR RESERVE COMPONENT EMPLOY22 EES.

23 (a) STUDY REQUIRED.—The Comptroller General of

24 the United States shall conduct a study on options for pro25 moting positive working relations between employers and
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1 Reserve component employees of such employers, including

2 assessing options for improving the time in which employ3 ers of Reservists are notified of the call or order of such

4 members to active duty other than for training.

5 (b) REPORT.—

6 (1) IN GENERAL.—Not later than 180 days after

7 the date of enactment of this Act, the Comptroller

8 General of the United States shall submit to the ap9 propriate committees of Congress a report on the

10 study conducted under subsection (a).

11 (2) CONTENTS.—The report submitted under

12 paragraph (1) shall—

13 (A) provide a quantitative and qualitative

14 assessment of—

15 (i) what measures, if any, are being

16 taken to inform Reservists of the obligations

17 and responsibilities of such members to

18 their employers;

19 (ii) how effective such measures have

20 been; and

21 (iii) whether there are additional

22 measures that could be taken to promote

23 positive working relations between Reserv24 ists and their employers, including any

25 steps that could be taken to ensure that em-
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1 ployers are timely notified of a call to ac2 tive duty; and

3 (B) assess whether there has been a reduc4 tion in the hiring of Reservists by business con5 cerns because of—

6 (i) any increase in the use of Reservists

7 after September 11, 2001; or

8 (ii) any change in any policy of the

9 Department of Defense relating to Reservists

10 after September 11, 2001.

11 (c) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate committees

13 of Congress’’ means—

14 (1) the Committee on Armed Services and the

15 Committee on Small Business and Entrepreneurship

16 of the Senate; and

17 (2) the Committee on Armed Services and the

18 Committee on Small Business of the House of Rep19 resentatives.

20 DIVISION E—MARITIME

21 ADMINISTRATION

22 SEC. 5001. SHORT TITLE.

23 (a) SHORT TITLE.—This division may be cited as the

24 ‘‘Maritime Administration Authorities Act of 2007’’.
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1 TITLE LI—GENERAL

2 SEC. 5101. COMMERCIAL VESSEL CHARTERING AUTHORITY.

3 (a) IN GENERAL.—Subchapter III of chapter 575 of

4 title 46, United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 57533. Vessel chartering authority

7 ‘‘The Secretary of Transportation may enter into con8 tracts or other agreements on behalf of the United States

9 to purchase, charter, operate, or otherwise acquire the use

10 of any vessels documented under chapter 121 of this title

11 and any other related real or personal property. The Sec12 retary is authorized to use this authority as the Secretary

13 deems appropriate.’’.

14 (b) CONFORMING AMENDMENT.—The chapter analysis

15 for chapter 575 of such title is amended by adding at the

16 end the following:

‘‘57533. Vessel chartering authority.’’.

17 SEC. 5102. MARITIME ADMINISTRATION VESSEL CHAR18 TERING AUTHORITY.

19 Section 50303 of title 46, United States Code, is

20 amended by—

21 (1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and

22 (2) by striking ‘‘control;’’ in subsection (a)(1)

23 and inserting ‘‘control, except that the prior consent

24 of the Secretary of Defense for such use shall be re-
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1 quired with respect to any vessel in the Ready Reserve

2 Force or in the National Defense Reserve Fleet which

3 is maintained in a retention status for the Depart4 ment of Defense;’’.

5 SEC. 5103. CHARTERING TO STATE AND LOCAL GOVERN6 MENTAL INSTRUMENTALITIES.

7 Section 11(b) of the Merchant Ship Sales Act of 1946

8 (50 U.S.C. App. 1744(b)), is amended—

9 (1) by striking ‘‘or’’ after the semicolon in para10 graph (3);

11 (2) by striking ‘‘Defense.’’ in paragraph (4) and

12 inserting ‘‘Defense; or’’; and

13 (3) by adding at the end thereof the following:

14 ‘‘(5) on a reimbursable basis, for charter to the

15 government of any State, locality, or Territory of the

16 United States, except that the prior consent of the

17 Secretary of Defense for such use shall be required

18 with respect to any vessel in the Ready Reserve Force

19 or in the National Defense Reserve Fleet which is

20 maintained in a retention status for the Department

21 of Defense.’’.

22 SEC. 5104. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

23 Section 6(c)(1) of the National Maritime Heritage Act

24 of 1994 (16 U.S.C. 5405(c)(1)) is amended—
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1 (1) by inserting ‘‘(either by sale or purchase of

2 disposal services)’’ after ‘‘shall dispose’’; and

3 (2) by striking subparagraph (A) of paragraph

4 (1) and inserting the following:

5 ‘‘(A) in accordance with a priority system

6 for disposing of vessels, as determined by the Sec7 retary, which shall include provisions requiring

8 the Maritime Administration to—

9 ‘‘(i) dispose of all deteriorated high

10 priority ships that are available for dis11 posal, within 12 months of their designation

12 as such; and

13 ‘‘(ii) give priority to the disposition of

14 those vessels that pose the most significant

15 danger to the environment or cost the most

16 to maintain;’’.

17 SEC. 5105. VESSEL TRANSFER AUTHORITY.

18 Section 50304 of title 46, United States Code, is

19 amended by adding at the end thereof the following:

20 ‘‘(d) VESSEL CHARTERS TO OTHER DEPARTMENTS.—

21 On a reimbursable or nonreimbursable basis, as determined

22 by the Secretary of Transportation, the Secretary may

23 charter or otherwise make available a vessel under the juris24 diction of the Secretary to any other department, upon the

25 request by the Secretary of the department that receives the
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1 vessel. The prior consent of the Secretary of Defense for such

2 use shall be required with respect to any vessel in the Ready

3 Reserve Force or in the National Defense Reserve Fleet

4 which is maintained in a retention status for the Depart5 ment of Defense.’’.

6 SEC. 5106. SEA TRIALS FOR READY RESERVE FORCE.

7 Section 11(c)(1)(B) of the Merchant Ship Sales Act of

8 1946 (50 U.S.C. App. 1744(c)(1)(B)) is amended to read

9 as follows:

10 ‘‘(B) activate and conduct sea trials on each

11 vessel at least once every 30 months;’’.

12 SEC. 5107. REVIEW OF APPLICATIONS FOR LOANS AND

13 GUARANTEES.

14 (a) PLAN.—Within 180 days after the date of enact15 ment of this Act, the Administrator of the Maritime Admin16 istration shall develop a comprehensive plan for the review

17 of traditional applications and non-traditional applica18 tions.

19 (b) INCLUSIONS.—The comprehensive plan shall in20 clude a description of the application review process that

21 shall not exceed 90 days for review of traditional applica22 tions.

23 (c) REPORT TO CONGRESS.—The Administrator shall

24 submit a report describing the comprehensive plan to the

25 Senate Committee on Commerce, Science, and Transpor-
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1 tation and the House of Representatives Committee on

2 Armed Forces.

3 (d) DEFINITIONS.—In this section:

4 (1) NONTRADITIONAL APPLICATION.—The term

5 ‘‘nontraditional application’’ means an application

6 for a loan, guarantee, or a commitment to guarantee

7 submitted pursuant to chapter 537 of title 46, United

8 States Code, that is not a traditional application, as

9 determined by the Administrator.

10 (2) TRADITIONAL APPLICATION.—The term ‘‘tra11 ditional application’’ means an application for a

12 loan, guarantee, or a commitment to guarantee sub13 mitted pursuant to chapter 537 of title 46, United

14 States Code, that involves a market, technology, and

15 financial structure of a type that has been approved

16 in such an application multiple times before the date

17 of enactment of this Act without default or unreason18 able risk to the United States, as determined by the

19 Administrator.

20 TITLE LII—TECHNICAL

21 CORRECTIONS

22 SEC. 5201. STATUTORY CONSTRUCTION.

23 The amendments made by this title make no sub24 stantive change in existing law and may not be construed

25 as making a substantive change in existing law.
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1 SEC. 5202. PERSONAL INJURY TO OR DEATH OF SEAMEN.

2 (a) AMENDMENT.—Section 30104 of title 46, United

3 States Code, is amended by striking subsections (a) and (b)

4 and inserting the following:

5 ‘‘(a) CAUSE OF ACTION.—A seaman injured in the

6 course of employment or, if the seaman dies from the injury,

7 the personal representative of the seaman may bring an ac8 tion against the employer. In such an action, the laws of

9 the United States regulating recovery for personal injury

10 to, or death of, a railway employee shall apply. Such an

11 action may be maintained in admiralty or, at the plain12 tiff’s election, as an action at law, with the right of trial

13 by jury.

14 ‘‘(b) VENUE.—When the plaintiff elects to maintain an

15 action at law, venue shall be in the judicial district in

16 which the employer resides or the employer’s principal office

17 is located.’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall be effective as if included in the enactment

20 of Public Law 109–304.

21 SEC. 5203. AMENDMENTS TO CHAPTER 537 BASED ON PUB22 LIC LAW 109–163.

23 (a) AMENDMENTS.—Title 46, United States Code, is

24 amended as follows:

25 (1) Section 53701 is amended by—
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1 (A) redesignating paragraphs (2) through

2 (13) as paragraphs (3) through (14), respec3 tively;

4 (B) inserting after paragraph (1) the fol5 lowing:

6 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis7 trator’ means the Administrator of the Maritime Ad8 ministration.’’; and

9 (C) striking paragraph (13) (as redesig10 nated) and inserting the following:

11 ‘‘(13) SECRETARY.—The term ‘Secretary’ means

12 the Secretary of Commerce with respect to fishing ves13 sels and fishery facilities.’’.

14 (2) Section 53706(c) is amended to read as fol15 lows:

16 ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.—

17 ‘‘(1) VESSELS.—In guaranteeing or making a

18 commitment to guarantee an obligation under this

19 chapter, the Administrator shall give priority to—

20 ‘‘(A) a vessel that is otherwise eligible for a

21 guarantee and is constructed with assistance

22 under subtitle D of the Maritime Security Act of

23 2003 (46 U.S.C. 53101 note); and
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1 ‘‘(B) after applying subparagraph (A), a

2 vessel that is otherwise eligible for a guarantee

3 and that the Secretary of Defense determines—

4 ‘‘(i) is suitable for service as a naval

5 auxiliary in time of war or national emer6 gency; and

7 ‘‘(ii) meets a shortfall in sealift capac8 ity or capability.

9 ‘‘(2) TIME FOR DETERMINATION.—The Secretary

10 of Defense shall determine whether a vessel satisfies

11 paragraph (1)(B) not later than 30 days after receipt

12 of a request from the Administrator for such a deter13 mination.’’.

14 (3) Section 53707 is amended—

15 (A) by inserting ‘‘or Administrator’’ in sub16 sections (a) and (d) after ‘‘Secretary’’ each place

17 it appears;

18 (B) by striking ‘‘Secretary of Transpor19 tation’’ in subsection (b) and inserting ‘‘Admin20 istrator’’;

21 (C) by striking ‘‘of Commerce’’ in subsection

22 (c); and

23 (D) in subsection (d)(2), by—
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1 (i) inserting ‘‘if the Secretary or Ad2 ministrator considers necessary,’’ before ‘‘the

3 waiver’’; and

4 (ii) striking ‘‘the increased’’ and in5 serting ‘‘any significant increase in’’.

6 (4) Section 53708 is amended—

7 (A) by striking ‘‘SECRETARY OF TRANSPOR8 TATION’’ in the heading of subsection (a) and in9 serting ‘‘ADMINISTRATOR’’;

10 (B) by striking ‘‘Secretary’’ and ‘‘Secretary

11 of Transportation’’ each place they appear in

12 subsection (a) and inserting ‘‘Administrator’’;

13 (C) by striking ‘‘OF COMMERCE’’ in the

14 heading of subsection (b);

15 (D) by striking ‘‘of Commerce’’ in sub16 sections (b) and (c);

17 (E) in subsection (d), by—

18 (i) inserting ‘‘or Administrator’’ after

19 ‘‘Secretary’’ the first place it appears; and

20 (ii) striking ‘‘financial structures, or

21 other risk factors identified by the Sec22 retary. Any independent analysis conducted

23 under this subsection shall be performed by

24 a party chosen by the Secretary.’’ and in25 serting ‘‘or financial structures. A third
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1 party independent analysis conducted under

2 this subsection shall be performed by a pri3 vate sector expert in assessing such risk fac4 tors who is selected by the Secretary or Ad5 ministrator.’’; and

6 (F) in subsection (e), by—

7 (i) inserting ‘‘or Administrator’’ after

8 ‘‘Secretary’’ the first place it appears; and

9 (ii) striking ‘‘financial structures, or

10 other risk factors identified by the Sec11 retary’’ and inserting ‘‘or financial struc12 tures’’.

13 (5) Section 53710(b)(1) is amended by striking

14 ‘‘Secretary’s’’ and inserting ‘‘Administrator’s’’.

15 (6) Section 53712(b) is amended by striking the

16 last sentence and inserting ‘‘If the Secretary or Ad17 ministrator has waived a requirement under section

18 53707(d) of this title, the loan agreement shall include

19 requirements for additional payments, collateral, or

20 equity contributions to meet the waived requirement

21 upon the occurrence of verifiable conditions indi22 cating that the obligor’s financial condition enables

23 the obligor to meet the waived requirement.’’.

24 (7) Subsections (c) and (d) of section 53717 are

25 each amended—
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1 (A) by striking ‘‘OF COMMERCE’’ in the sub2 section heading; and

3 (B) by striking ‘‘of Commerce’’ each place it

4 appears.

5 (8) Section 53732(e)(2) is amended by inserting

6 ‘‘of Defense’’ after ‘‘Secretary’’ the second place it ap7 pears.

8 (9) The following provisions are amended by

9 striking ‘‘Secretary’’ and ‘‘Secretary of Transpor10 tation’’ and inserting ‘‘Administrator’’:

11 (A) Section 53710(b)(2)(A)(i).

12 (B) Section 53717(b) each place it appears

13 in a heading and in text.

14 (C) Section 53718.

15 (D) Section 53731 each place it appears, ex16 cept where ‘‘Secretary’’ is followed by ‘‘of En17 ergy’’.

18 (E) Section 53732 (as amended by para19 graph (8)) each place it appears, except where

20 ‘‘Secretary’’ is followed by ‘‘of the Treasury’’, ‘‘of

21 State’’, or ‘‘of Defense’’.

22 (F) Section 53733 each place it appears.

23 (10) The following provisions are amended by

24 inserting ‘‘or Administrator’’ after ‘‘Secretary’’ each

25 place it appears in headings and text, except where
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1 ‘‘Secretary’’ is followed by ‘‘of Transportation’’ or ‘‘of

2 the Treasury’’:

3 (A) The items relating to sections 53722

4 and 53723 in the chapter analysis for chapter

5 537.

6 (B) Sections 53701(1), (4), and (9) (as re7 designated by paragraph (1)(A)), 53702(a),

8 53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1),

9 (b)(1) and (2)(A), and (d), 53710(a) and (c),

10 53711, 53712 (except in the last sentence of sub11 section (b) as amended by paragraph (6)), 53713

12 to 53716, 53721 to 53725, and 53734.

13 (11) Sections 53715(d)(1), 53716(d)(3),

14 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b)

15 are amended by inserting ‘‘or Administrator’s’’ after

16 ‘‘Secretary’s’’.

17 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Section

18 3507 (except subsection (c)(4)) of the National Defense Au19 thorization Act for Fiscal Year 2006 (Public Law 109–163)

20 is repealed.

21 SEC. 5204. ADDITIONAL AMENDMENTS BASED ON PUBLIC

22 LAW 109–163.

23 (a) AMENDMENTS.—Title 46, United States Code, is

24 amended as follows:
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1 (1) Chapters 513 and 515 are amended by strik2 ing ‘‘Naval Reserve’’ each place it appears in anal3 yses, headings, and text and inserting ‘‘Navy Re4 serve’’.

5 (2) Section 51504(f) is amended to read as fol6 lows:

7 ‘‘(f) FUEL COSTS.—

8 ‘‘(1) IN GENERAL.—Subject to the availability of

9 appropriations, the Secretary shall pay to each State

10 maritime academy the costs of fuel used by a vessel

11 provided under this section while used for training.

12 ‘‘(2) MAXIMUM AMOUNTS.—The amount of the

13 payment to a State maritime academy under para14 graph (1) may not exceed—

15 ‘‘(A) $100,000 for fiscal year 2006;

16 ‘‘(B) $200,000 for fiscal year 2007; and

17 ‘‘(C) $300,000 for fiscal year 2008 and each

18 fiscal year thereafter.’’.

19 (3) Section 51505(b)(2)(B) is amended by strik20 ing ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal

21 year 2006, $400,000 for fiscal year 2007, and

22 $500,000 for fiscal year 2008 and each fiscal year

23 thereafter’’.

24 (4) Section 51701(a) is amended by striking ‘‘of

25 the United States.’’ and inserting ‘‘of the United
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1 States and to perform functions to assist the United

2 States merchant marine, as determined necessary by

3 the Secretary.’’.

4 (5)(A) Section 51907 is amended to read as fol5 lows:

6 ‘‘§ 51907. Provision of decorations, medals, and re7 placements

8 ‘‘The Secretary of Transportation may provide—

9 ‘‘(1) the decorations and medals authorized by

10 this chapter and replacements for those decorations

11 and medals; and

12 ‘‘(2) replacements for decorations and medals

13 issued under a prior law.’’.

14 (B) The item relating to section 51907 in the

15 chapter analysis for chapter 519 is amended to read

16 as follows:

‘‘51907. Provision of decorations, medals, and replacements.’’.

17 (6)(A) The following new chapter is inserted

18 after chapter 539:

19 ‘‘CHAPTER 541—MISCELLANEOUS

‘‘Sec.

‘‘54101. Assistance for small shipyards and maritime communities.’’.

20 (B) Section 3506 of the National Defense Author21 ization Act for Fiscal Year 2006 (46 U.S.C. 53101

22 note) is transferred to and redesignated as section

23 54101 of title 46, United States Code, to appear at
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1 the end of chapter 541 of title 46, as inserted by sub2 paragraph (A).

3 (C) The heading of such section, as transferred

4 by subparagraph (B), is amended to read as follows:

5 ‘‘§ 54101. Assistance for small shipyards and maritime

6 communities’’.

7 (D) Paragraph (1) of subsection (h) of such sec8 tion, as transferred by subparagraph (B), is amended

9 by striking ‘‘(15 U.S.C. 632);’’ and inserting ‘‘(15

10 U.S.C. 632));’’.

11 (E) The table of chapters at the beginning of sub12 title V is amended by inserting after the item relating

13 to chapter 539 the following new item:

‘‘541. Miscellaneous .......................................................................... 54101’’.

14 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec15 tions 515(g)(2), 3502, 3509, and 3510 of the National De16 fense Authorization Act for Fiscal Year 2006 (Public Law

17 109–163) are repealed.

18 SEC. 5205. AMENDMENTS BASED ON PUBLIC LAW 109–171.

19 (a) AMENDMENTS.—Section 60301 of title 46, United

20 States Code, is amended—

21 (1) by striking ‘‘2 cents per ton (but not more

22 than a total of 10 cents per ton per year)’’ in sub23 section (a) and inserting ‘‘4.5 cents per ton, not to ex24 ceed a total of 22.5 cents per ton per year, for fiscal

25 years 2006 through 2010, and 2 cents per ton, not to
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1 exceed a total of 10 cents per ton per year, for each

2 fiscal year thereafter,’’; and

3 (2) by striking ‘‘6 cents per ton (but not more

4 than a total of 30 cents per ton per year)’’ in sub5 section (b) and inserting ‘‘13.5 cents per ton, not to

6 exceed a total of 67.5 cents per ton per year, for fiscal

7 years 2006 through 2010, and 6 cents per ton, not to

8 exceed a total of 30 cents per ton per year, for each

9 fiscal year thereafter,’’.

10 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Section

11 4001 of the Deficit Reduction Act of 2005 (Public Law 109–

12 171) is repealed.

13 SEC. 5206. AMENDMENTS BASED ON PUBLIC LAW 109–241.

14 (a) AMENDMENTS.—Title 46, United States Code, is

15 amended as follows:

16 (1) Section 12111 is amended by adding at the

17 end the following:

18 ‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE

19 DRILLING UNITS.—

20 ‘‘(1) IN GENERAL.—Only a vessel for which a

21 certificate of documentation with a registry endorse22 ment is issued may engage in—

23 ‘‘(A) the setting, relocation, or recovery of

24 the anchors or other mooring equipment of a mo25 bile offshore drilling unit that is located over the
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1 outer Continental Shelf (as defined in section

2 2(a) of the Outer Continental Shelf Lands Act

3 (43 U.S.C. 1331(a))); or

4 ‘‘(B) the transportation of merchandise or

5 personnel to or from a point in the United

6 States from or to a mobile offshore drilling unit

7 located over the outer Continental Shelf that is

8 not attached to the seabed.

9 ‘‘(2) COASTWISE TRADE NOT AUTHORIZED.—

10 Nothing in paragraph (1) authorizes the employment

11 in the coastwise trade of a vessel that does not meet

12 the requirements of section 12112 of this title.’’.

13 (2) Section 12139(a) is amended by striking

14 ‘‘and charterers’’ and inserting ‘‘charterers, and mort15 gagees’’.

16 (3) Section 51307 is amended—

17 (A) by striking ‘‘and’’ at the end of para18 graph (2);

19 (B) by striking ‘‘organizations.’’ in para20 graph (3) and inserting ‘‘organizations; and’’;

21 and

22 (C) by adding at the end the following:

23 ‘‘(4) on any other vessel considered by the Sec24 retary to be necessary or appropriate or in the na25 tional interest.’’.
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1 (4) Section 55105(b)(3) is amended by striking

2 ‘‘Secretary of the department in which the Coast

3 Guard is operating’’ and inserting ‘‘Secretary of

4 Homeland Security’’.

5 (5) Section 70306(a) is amended by striking

6 ‘‘Not later than February 28 of each year, the Sec7 retary shall submit a report’’ and inserting ‘‘The Sec8 retary shall submit an annual report’’.

9 (6) Section 70502(d)(2) is amended to read as

10 follows:

11 ‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The

12 response of a foreign nation to a claim of registry

13 under paragraph (1)(A) or (C) may be made by

14 radio, telephone, or similar oral or electronic means,

15 and is proved conclusively by certification of the Sec16 retary of State or the Secretary’s designee.’’.

17 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec18 tions 303, 307, 308, 310, 901(q), and 902(o) of the Coast

19 Guard and Maritime Transportation Act of 2006 (Public

20 Law 109–241) are repealed.

21 SEC. 5207. AMENDMENTS BASED ON PUBLIC LAW 109–364.

22 (a) UPDATING OF CROSS REFERENCES.—Section

23 1017(b)(2) of the John Warner National Defense Authoriza24 tion Act for Fiscal Year 2007 (Public Law 109–364, 10

25 U.S.C. 2631 note) is amended by striking ‘‘section 27 of
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1 the Merchant Marine Act, 1920 (46 U.S.C. 883), section

2 12106 of title 46, United States Code, and section 2 of the

3 Shipping Act, 1916 (46 U.S.C. App. 802)’’ and inserting

4 ‘‘sections 12112, 50501, and 55102 of title 46, United States

5 Code’’.

6 (b) SECTION 51306(e).—

7 (1) IN GENERAL.—Section 51306 of title 46,

8 United States Code, is amended by adding at the end

9 the following:

10 ‘‘(e) ALTERNATIVE SERVICE.—

11 ‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An

12 individual who, for the 5-year period following grad13 uation from the Academy, serves as a commissioned

14 officer on active duty in an armed force of the United

15 States or as a commissioned officer of the National

16 Oceanic and Atmospheric Administration or the Pub17 lic Health Service shall be excused from the require18 ments of paragraphs (3) through (5) of subsection (a).

19 ‘‘(2) MODIFICATION OR WAIVER.—The Secretary

20 may modify or waive any of the terms and conditions

21 set forth in subsection (a) through the imposition of

22 alternative service requirements.’’.

23 (2) APPLICATION.—Section 51306(e) of title 46,

24 United States Code, as added by paragraph (1), ap25 plies only to an individual who enrolls as a cadet at
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1 the United States Merchant Marine Academy, and

2 signs an agreement under section 51306(a) of title 46,

3 after October 17, 2006.

4 (c) SECTION 51306(f).—

5 (1) IN GENERAL.—Section 51306 of title 46,

6 United States Code, is further amended by adding at

7 the end the following:

8 ‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORTING

9 REQUIREMENT.—

10 ‘‘(1) IN GENERAL.—Subject to any otherwise ap11 plicable restrictions on disclosure in section 552a of

12 title 5, the Secretary of Defense, the Secretary of the

13 department in which the Coast Guard is operating,

14 the Administrator of the National Oceanic and At15 mospheric Administration, and the Surgeon General

16 of the Public Health Service—

17 ‘‘(A) shall report the status of obligated

18 service of an individual graduate of the Academy

19 upon request of the Secretary; and

20 ‘‘(B) may, in their discretion, notify the

21 Secretary of any failure of the graduate to per22 form the graduate’s duties, either on active duty

23 or in the Ready Reserve component of their re24 spective service, or as a commissioned officer of

25 the National Oceanic and Atmospheric Adminis-
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1 tration or the Public Health Service, respec2 tively.

3 ‘‘(2) INFORMATION TO BE PROVIDED.—A report

4 or notice under paragraph (1) shall identify any

5 graduate determined to have failed to comply with

6 service obligation requirements and provide all re7 quired information as to why such graduate failed to

8 comply.

9 ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re10 ceipt of such a report or notice, such graduate may

11 be considered to be in default of the graduate’s service

12 obligations by the Secretary, and subject to all rem13 edies the Secretary may have with respect to such a

14 default.’’.

15 (2) APPLICATION.—Section 51306(f) of title 46,

16 United States Code, as added by paragraph (1), does

17 not apply with respect to an agreement entered into

18 under section 51306(a) of title 46, United States

19 Code, before October 17, 2006.

20 (d) SECTION 51509(c).—Section 51509(c) of title 46,

21 United States Code, is amended—

22 (1) by striking ‘‘MIDSHIPMAN AND’’ in the sub23 section heading and ‘‘midshipman and’’ in the text;

24 and
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1 (2) inserting ‘‘or the Coast Guard Reserve’’ after

2 ‘‘Reserve)’’.

3 (e) SECTION 51908(a).—Section 51908(a) of title 46,

4 United States Code, is amended by striking ‘‘under this

5 chapter’’ and inserting ‘‘by this chapter or the Secretary

6 of Transportation’’.

7 (f) SECTION 53105(e)(2).—Section 53105(e)(2) of title

8 46, United States Code, is amended by striking ‘‘section 2

9 of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ and in10 serting ‘‘section 50501 of this title’’.

11 (g) REPEAL OF SUPERSEDED AMENDMENTS.—Sec12 tions 3505, 3506, 3508, and 3510(a) and (b) of the John

13 Warner National Defense Authorization Act for Fiscal Year

14 2007 (Public Law 109–364) are repealed.

15 SEC. 5208. MISCELLANEOUS AMENDMENTS.

16 (a) DELETION OF OBSOLETE REFERENCE TO CANTON

17 ISLAND.—Section 55101(b) of title 46, United States Code,

18 is amended—

19 (1) by inserting ‘‘or’’ after the semicolon at the

20 end of paragraph (2);

21 (2) by striking paragraph (3); and

22 (3) by redesignating paragraph (4) as para23 graph (3).

24 (b) IMPROVEMENT OF HEADING.—Title 46, United

25 States Code, is amended as follows:
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1 (1) The heading of section 55110 is amended by

2 inserting ‘‘valueless material or’’ before

3 ‘‘dredged material’’.

4 (2) The item for section 55110 in the analysis

5 for chapter 551 is amended by inserting ‘‘valueless

6 material or’’ before ‘‘dredged material’’.

7 (c) OCEANOGRAPHIC RESEARCH VESSELS AND SAIL8 ING SCHOOL VESSELS.—

9 (1) Section 10101(3) of title 46, United States

10 Code, is amended by inserting ‘‘on an oceanographic

11 research vessel’’ after ‘‘scientific personnel’’.

12 (2) Section 50503 of title 46, United States

13 Code, is amended by striking ‘‘An oceanographic re14 search vessel’’ and all that follows and inserting the

15 following:

16 ‘‘(a) DEFINITIONS.—In this section, the terms ‘oceano17 graphic research vessel’ and ‘scientific personnel’ have the

18 meaning given those terms in section 2101 of this title.

19 ‘‘(b) NOT SEAMEN.—Scientific personnel on an ocean20 ographic research vessel are deemed not to be seamen under

21 part G of subtitle II, section 30104, or chapter 303 of this

22 title.

23 ‘‘(c) NOT ENGAGED IN TRADE OR COMMERCE.—An

24 oceanographic research vessel is deemed not to be engaged

25 in trade or commerce.’’.
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1 (3) Section 50504(b)(1) of title 46, United States

2 Code, is amended by striking ‘‘parts B, F, and G of

3 subtitle II’’ and inserting ‘‘part B, F, or G of subtitle

4 II, section 30104, or chapter 303’’.

5 SEC. 5209. APPLICATION OF SUNSET PROVISION TO CODI6 FIED PROVISION.

7 For purposes of section 303 of the Jobs and Growth

8 Tax Relief Reconciliation Act of 2003 (Public Law 108–

9 27, 26 U.S.C. 1 note), the amendment made by section

10 301(a)(2)(E) of that Act shall be deemed to have been made

11 to section 53511(f)(2) of title 46, United States Code.

12 SEC. 5210. ADDITIONAL TECHNICAL CORRECTIONS.

13 (a) AMENDMENTS TO TITLE 46.—Title 46, United

14 States Code, is amended as follows:

15 (1) The analysis for chapter 21 is amended by

16 striking the item relating to section 2108.

17 (2) Section 12113(g) is amended by inserting

18 ‘‘and’’ after ‘‘Conservation’’.

19 (3) Section 12131 is amended by striking

20 ‘‘commmand’’ and inserting ‘‘command’’.

21 (b) AMENDMENTS TO PUBLIC LAW 109–304.—

22 (1) AMENDMENTS.—Public Law 109–304 is

23 amended as follows:
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1 (A) Section 15(10) is amended by striking

2 ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C.

3 App.’’.

4 (B) Section 15(30) is amended by striking

5 ‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping

6 Act, 1916’’.

7 (C) The schedule of Statutes at Large re8 pealed in section 19, as it relates to the Act of

9 June 29, 1936, is amended by—

10 (i) striking the second section ‘‘1111’’

11 (relating to 46 U.S.C. App. 1279f) and in12 serting section ‘‘1113’’; and

13 (ii) striking the second section ‘‘1112’’

14 (relating to 46 U.S.C. App. 1279g) and in15 serting section ‘‘1114’’.

16 (2) EFFECTIVE DATE.—The amendments made

17 by paragraph (1) shall be effective as if included in

18 the enactment of Public Law 109–304.

19 (c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE

20 AMENDMENTS.—

21 (1) REPEAL.—Sections 9(a), 15(21) and (33)(A)

22 through (D)(i), and 16(c)(2) of Public Law 109–304

23 are repealed.

24 (2) INTENDED EFFECT.—The provisions repealed

25 by paragraph (1) shall be treated as if never enacted.
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1 (d) LARGE PASSENGER VESSEL CREW REQUIRE2 MENTS.—Section 8103(k)(3)(C)(iv) of title 46, United

3 States Code, is amended by inserting ‘‘and section 252 of

4 the Immigration and Nationality Act (8 U.S.C. 1282)’’

5 after ‘‘of such section’’.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 1585

AMENDMENT