IB 

Union Calendar No. 86 

110TH CONGRESS 

1ST SESSION H. R. 1585 

[Report No. 110–146] 

To authorize appropriations for fiscal year 2008 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2008, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

Mr. SKELTON (for himself and Mr. HUNTER) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

MAY 11, 2007 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 20, 2007] 

A BILL 

To authorize appropriations for fiscal year 2008 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2008, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2008’’. 

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

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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

15 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

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

Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, 

M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles. 

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Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters 

to CH-47F configuration. 

Sec. 114. Multiyear procurement authority for CH-47F helicopters. 

Sec. 115. Limitation on use of funds for Joint Network Node program pending 

certification to Congress. 

Sec. 116. Prohibition on closure of Army Tactical Missile System production line 

pending report. 

Subtitle C—Navy Programs 

Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex 

overhauls. 

Sec. 122. Multiyear procurement authority for Virginia-class submarine program. 

Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters. 

Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads. 

Sec. 125. Program to provide contractors with capital expenditure incentives. 

Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers. 

Sec. 127. Limitation on concurrent design and construction on first ship of a 

shipbuilding program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C-5 aircraft. 

Sec. 132. Limitation on Joint Cargo Aircraft. 

Sec. 133. Clarification of limitation on retirement of U-2 aircraft. 

Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Operational test and evaluation of Future Combat Systems network. 

Sec. 212. Limitation on systems development and demonstration of Joint Light 

Tactical Vehicle program. 

Sec. 213. Requirement to obligate funds for development and procurement of a 

competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for manufacturing science and technology 

program. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. 

Sec. 222. Fielding of ballistic missile defense capabilities and future roles and 

missions of Missile Defense Agency. 

Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA 

missile. 

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Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs. 

Sec. 225. Independent study on deploying missile defense system in Europe. 

Sec. 226. Sense of Congress concerning full support for development and fielding 

of a layered ballistic missile defense. 

Subtitle D—Other Matters 

Sec. 231. Responsibility for human systems integration activities. 

Sec. 232. Expansion of authority for encouragement of technology transfer. 

Sec. 233. Army Venture Capital Fund demonstration. 

Sec. 234. Independent tests for combat helmet pad suspension systems. 

Sec. 235. Report on implementation of Manufacturing Technology Program. 

Sec. 236. Assessment of sufficiency of test and evaluation personnel. 

Sec. 237. Repeal of requirement for separate reports on technology area review 

and assessment summaries. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense Programs. 

Subtitle B—Environmental Provisions 

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

connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

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

connection with Arctic Surplus Superfund Site, Fairbanks, 

Alaska. 

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

connection with Jackson Park Housing Complex, Washington. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Increase in threshold amount for contracts for procurement of capital 

assets in advance of availability of working-capital funds for the 

procurement. 

Sec. 322. Authorization of availability of working-capital funds for certain product improvements. 

Sec. 323. Authorization of use of working-capital funds for acquisition of certain 

items. 

Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. 

Sec. 325. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 326. Guidelines on insourcing new and contracted out functions. 

Sec. 327. Additional requirements for annual report on public-private competitions. 

Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A-76. 

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Sec. 330. Public-private competition required before conversion to contractor performance. 

Subtitle D—Extension of Program Authorities 

Sec. 331. Extension of Arsenal Support Program Initiative. 

Sec. 332. Extension of period for reimbursement for helmet pads purchased by 

members of the Armed Forces deployed in contingency operations. 

Subtitle E—Reports 

Sec. 341. Inclusion of National Guard readiness for civil support missions in 

quarterly personnel and unit readiness report. 

Sec. 342. Plan to improve readiness of active and reserve component ground 

forces. 

Sec. 343. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. 

Sec. 344. Independent assessment of Civil Reserve Air Fleet viability. 

Sec. 345. Annual report on prepositioned materiel and equipment. 

Sec. 346. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to 

Peterson Air Force Base. 

Sec. 347. Report on public-private partnerships. 

Subtitle F—Other Matters 

Sec. 351. Increase in threshold amount for contracts for procurement of capital 

assets in advance of availability of working-capital funds for the 

procurement. 

Sec. 352. Authority for Department of Defense to provide support for certain 

sporting events. 

Sec. 353. Reasonable restrictions on payment of full replacement value for lost or 

damaged personal property transported at Government expense. 

Sec. 354. Priority transportation on Department of Defense aircraft of retired 

members residing in Commonwealths and possessions of the 

United States for certain health care services. 

Sec. 355. Recovery of missing military property. 

Sec. 356. Retention of Army combat uniforms by members of Army deployed in 

support of contingency operations. 

Sec. 357. Issue of serviceable material other than to Armed Forces. 

Sec. 358. Prohibition on deactivation of 36th Rescue Flight. 

Sec. 359. Limitation on expenditure of funds for initial flight screening at Pueblo 

Memorial Airport. 

Sec. 360. Reauthorization and modification of multi-trades demonstration 

project. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active 

duty end strengths for fiscal years 2009 and 2010. 

Sec. 404. Increase in authorized strengths for Army officers on active duty in the 

grade of major. 

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Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 

grades of lieutenant commander, commander, and captain. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component 

personnel authorized to be on active duty or full-time National 

Guard duty to provide operational support. 

Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

Sec. 423. Offsetting transfers from National Defense Stockpile Transaction Fund. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Assignment of officers to designated positions of importance and responsibility. 

Sec. 502. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. 

Sec. 503. Special promotion authority for Navy career military professors. 

Subtitle B—Reserve Component Matters 

Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. 

Sec. 512. Constructive service credit upon original appointment of reserve officers 

in certain health care professions. 

Sec. 513. Maximum period of temporary Federal recognition of person as Army 

National Guard officer or Air Force Reserve officer. 

Sec. 514. Military technicians (dual status) in the Selected Reserve. 

Sec. 515. Working group on reintegration of reserve component members returning from deployment. 

Sec. 516. National Guard yellow ribbon reintegration program. 

Sec. 517. Advance notice to members of reserve components of deployment in support of contingency operations. 

Subtitle C—Education and Training 

Sec. 521. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons 

selected as medical students at Uniformed Services University of 

the Health Sciences. 

Sec. 522. Increase in annual limit on number of ROTC scholarships under Army 

Reserve and Army National Guard program. 

Sec. 523. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 524. National Defense University master’s degree programs. 

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Sec. 525. Recodification in title 38, United States Code, of certain educational assistance programs for members of the reserve components. 

Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting 

authorities of certain military universities and educational institutions. 

Sec. 527. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport high schools. 

Subtitle D—General Service Authorities 

Sec. 531. Authority to reduce required service obligation for initial appointment 

of qualified health professionals as officers in critical specialties. 

Sec. 532. Reenlistment in former enlisted grade after service as an officer. 

Subtitle E—Military Justice and Legal Assistance Matters 

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

legal staff resources. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. 

Sabo, Jr., for acts of valor during the Vietnam War. 

Sec. 552. Authorization and request for award of Medal of Honor to Henry 

Svehla for acts of valor during the Korean War. 

Sec. 553. Authorization and request for award of Medal of Honor to Woodrow W. 

Keeble for acts of valor during the Korean War. 

Sec. 554. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor during the Civil War. 

Sec. 555. Authorization and request for award of Medal of Honor to Private 

George D. Wilson for acts of valor as one of Andrews Raiders 

during the Civil War. 

Sec. 556. Cold War Victory Medal. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 561. Tuition assistance for military dependents in overseas areas where 

schools operated by Defense Dependents’ Education System are 

not reasonably available. 

Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Subtitle H—Other Matters 

Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit 

members of the Armed Forces, dependents, and civilian employees of the Department of Defense. 

Sec. 572. Uniform performance policies for military bands and other musical 

units. 

Sec. 573. Repeal of limitation on number of academies of Department of Defense 

STARBASE Program in a single State. 

Sec. 574. Combat veterans mentoring program for current members of the Armed 

Forces. 

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Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of 

the Armed Forces during and following World War II. 

Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a 

primary residence. 

Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 604. Participation of members of the uniformed services in Thrift Savings 

Plan. 

Sec. 605. Enhancement of referral bonus to encourage service in the Army. 

Sec. 606. Guaranteed pay increase for members of the Armed Forces of one-half 

of one percentage point higher than Employment Cost Index. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

forces. 

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

professionals. 

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

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

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

medical officers. 

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

Sec. 617. Definition of sea duty for career sea pay to include multi-crew ships. 

Sec. 618. Reenlistment bonus for members of the Selected Reserve. 

Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 620. Availability of nuclear officer continuation pay for officers with more 

than 26 years of commissioned service. 

Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. 

Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. 

Sec. 623. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Sec. 624. Increase in maximum monthly rate of hardship duty pay. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Allowance for participation in Reserve screening conducted through 

electronic means. 

Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. 

Sec. 633. Moving expenses for JROTC instructors who agree to serve in hard-tofill positions. 

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Sec. 634. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Disregarding periods of confinement of member in determining benefits 

for dependents who are victims of abuse by the member. 

Sec. 642. Continuation of authority for members of the Armed Forces to designate 

a recipient for a portion of the death gratuity. 

Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset 

for dependency and indemnity compensation. 

Sec. 644. Special survivor indemnity allowance for persons affected by required 

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Expansion of combat-related special compensation eligibility for chapter 

61 military retirees with fewer than 20 years of creditable service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Access to Defense Commissary and Exchange System by surviving 

spouse and dependents of certain disabled veterans. 

Sec. 652. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. 

Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the 

United States. 

Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus 

Authorities 

Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 

uniformed services. 

Sec. 662. Transitional provisions. 

Subtitle G—Other Matters 

Sec. 671. Expansion of education loan repayment program for members of the Selected Reserve. 

Sec. 672. Ensuring entry into United States after time abroad for permanent 

resident alien military spouses and children. 

Sec. 673. Overseas naturalization for military spouses and children. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Extension of prohibition on increases in certain health care costs for 

members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. 

Sec. 703. Fair pricing under pharmacy benefits program. 

Sec. 704. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 705. Establishment of Nurse Practitioner Program. 

Sec. 706. Services of mental health counselors. 

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Sec. 707. Extension of pilot program for health care delivery. 

Sec. 708. Stipend for members of Reserve Components for health care for certain 

dependents. 

Sec. 709. Joint Pathology Center. 

Sec. 710. Report on training in preservation of remains under combat or combatrelated conditions. 

Sec. 711. Pre- and post-deployment assessments for the purpose of determining 

the cognitive functioning and brain health of deployed members 

of the Armed Forces. 

Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Definition of commercial services. 

Sec. 802. Acquisition workforce provisions. 

Sec. 803. Guidance on defense procurements made through contracts of other 

agencies. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Prohibition on procurement from companies in violation of the Iran 

and Syria Nonproliferation Act. 

Sec. 806. Lead systems integrators. 

Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska 

Native-serving institutions. 

Sec. 808. Reinvestment in domestic sources of strategic materials. 

Sec. 809. Clarification of the protection of strategic materials critical to national 

security. 

Sec. 810. Debarment of contractors convicted of criminal violations of the Arms 

Export Control Act. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition 

of a commercial item. 

Sec. 812. Clarification of submission of cost or pricing data on noncommercial 

modifications of commercial items. 

Sec. 813. Plan for restricting Government-unique contract clauses on commercial 

contracts. 

Sec. 814. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 815. Extension of authority to fill shortage category positions for certain federal acquisition positions. 

Sec. 816. Extension of authority to carry out certain prototype projects. 

Sec. 817. Clarification of limited acquisition authority for special operations 

command. 

Sec. 818. Exemption of special operations command from certain requirements 

for contracts relating to vessels, aircraft, and combat vehicles. 

Sec. 819. Provision of authority to maintain equipment to unified combatant 

command for joint warfighting. 

Subtitle C—Accountability in Contracting 

Sec. 821. Limitation on length of noncompetitive contracts. 

Sec. 822. Maximizing fixed-price procurement contracts. 

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Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 824. Disclosure of Government contractor audit findings. 

Sec. 825. Study of acquisition workforce. 

Sec. 826. Report to Congress. 

Subtitle D—Contracts Relating to Iraq and Afghanistan 

Sec. 831. Memorandum of understanding on matters relating to contracting. 

Sec. 832. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. 

Sec. 833. Definitions. 

Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. 

Sec. 842. Report to Congress required on delays in major phases of acquisition 

process for major automated information system programs. 

Sec. 843. Requirement for licensing of certain military designations and 

likenesses of weapons systems to toy and hobby manufacturers. 

Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. 

Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. 

Sec. 846. Requirements relating to waivers of certain domestic source limitations. 

Sec. 847. Multiple cost threshold breaches. 

Sec. 848. Phone cards. 

Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, 

and appeals arising out of maritime contracts. 

Sec. 850. Clarification of jurisdiction of the United States district courts to hear 

bid protest disputes involving maritime contracts. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Additional requirements relating to limitation on major Department of 

Defense headquarters activities personnel. 

Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 

Sec. 903. Change in eligibility requirements for appointment to Department of 

Defense leadership positions. 

Sec. 904. Revisions in functions and activities of special operations command. 

Sec. 905. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Sec. 906. Management system of the Department of Defense. 

Sec. 907. Acquisition parity for Special Operations Command. 

Sec. 908. Department of Defense Board of Actuaries. 

Subtitle B—Space Activities 

Sec. 911. Space protection policy and strategy. 

Sec. 912. Biennial report on management of space cadre within the Department 

of Defense. 

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Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Reports on foreign language proficiency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention 

Act of 2004. 

Subtitle E—Roles and Missions Analysis 

Sec. 941. Analysis and organization of roles and missions of Department of Defense. 

Sec. 942. Identification of core competencies of the military departments and 

other entities within the Department of Defense. 

Sec. 943. Review of capabilities of the military departments and other entities. 

Sec. 944. Joint Requirements Oversight Council additional duties relating to core 

mission areas. 

Sec. 945. Requirement for certification of major systems prior to technology development. 

Sec. 946. Presentation of future-years mission budget by core mission area. 

Sec. 947. Future capability planning by Joint Requirements Oversight Council. 

Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. 

Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under 

National Security Education Program. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 

year 2008. 

Subtitle B—Policy Relating to Vessels and Shipyards 

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

Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

Subtitle D—Reports 

Sec. 1031. Extension and modification of report relating to hardened and deeply 

buried targets. 

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Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device 

Defeat Organization. 

Sec. 1033. Report on a national joint modeling and simulation development 

strategy. 

Subtitle E—Other Matters 

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

Sec. 1042. Support by National Guard for national special security events and 

other critical national security activities. 

Sec. 1043. Improved authority to provide rewards for assistance in combating 

terrorism. 

Sec. 1044. Revision of proficiency flying definition. 

Sec. 1045. Support for non-Federal development and testing of material for chemical agent defense. 

Sec. 1046. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1047. Technical and clerical amendments. 

Sec. 1048. Repeal of certification requirement. 

Sec. 1049. Prohibition on sale by Department of Defense of parts for F–14 fighter 

aircraft. 

Sec. 1050. Maintenance of capability for space-based nuclear detection. 

Sec. 1051. Additional weapons of mass destruction civil support teams. 

Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm selfpropelled howitzer. 

Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo 

Bay, Cuba. 

Sec. 1054. Repeal of provisions in section 1076 of Public Law 109–364 relating 

to use of Armed Forces in major public emergencies. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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

hours. 

Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1103. Accumulation of annual leave by senior level employees. 

Sec. 1104. Travel compensation for wage grade personnel. 

Sec. 1105. Death gratuity authorized for Federal employees. 

Sec. 1106. Modifications to the National Security Personnel System. 

Sec. 1107. Annuity commencing dates. 

Sec. 1108. Flexibility in setting pay for employees who move from a Department 

of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system. 

Sec. 1109. Transportation of dependents, household effects, and personal property 

to former home following death of Federal employee where death 

resulted from disease or injury incurred in a combat zone. 

Sec. 1110. Use of leave transfer program by wounded veterans who are Federal 

employees. 

Sec. 1111. Requirement for full implementation of personnel demonstration 

project. 

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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Military-to-military contacts and comparable activities. 

Sec. 1202. Authority for support of military operations to combat terrorism. 

Sec. 1203. Medical care and temporary duty travel expenses for liaison officers 

of certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1206. Expansion of program to build the capacity of foreign military forces 

to include Pakistan’s other security forces. 

Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery 

and accounting activities for missing United States Government 

personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. 

Sec. 1209. Report on foreign assistance-related programs, projects, and activities 

carried out by the Department of Defense. 

Subtitle B—Matters Relating to Iraq 

Sec. 1221. Modification of authorities relating to the Special Inspector General 

for Iraq Reconstruction. 

Sec. 1222. Continuation of prohibition on establishment of permanent military 

installations in Iraq or United States control over oil resources 

of Iraq. 

Sec. 1223. Report on Department of Defense efforts to build the capacity of the 

Government of Iraq to carry out reconstruction activities in 

Iraq. 

Sec. 1224. Report on implementation of Multi-National Forces–Iraq/United 

States Embassy Baghdad Joint Campaign Plan and efforts to 

achieve political reform in Iraq. 

Sec. 1225. Report on training of the Iraqi Security Forces. 

Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish 

support for the insurgency in Iraq. 

Subtitle C—Matters Relating to Afghanistan 

Sec. 1231. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1232. Report on progress toward security and stability in Afghanistan. 

Sec. 1233. Report on progress of the Department of Defense’s counter-narcotics 

program for Afghanistan. 

Sec. 1234. United States plan for sustaining the Afghanistan National Security 

Forces. 

Subtitle D—Other Matters 

Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. 

Sec. 1242. Extension of Counterproliferation Program Review Committee. 

Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for Security Cooperation. 

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Sec. 1244. Sense of Congress concerning the strategic military capabilities and 

intentions of the People’s Republic of China. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1304. Requirements relating to chemical weapons destruction at Shchuch’ye, 

Russia. 

Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. 

Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the 

former Soviet Union. 

TITLE XIV—WOUNDED WARRIOR ASSISTANCE 

Sec. 1401. Definitions. 

Subtitle A—Improved Assistance for Wounded Warriors 

Sec. 1411. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. 

Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medicalrelated support facilities and expedited response to reports of deficiencies. 

Sec. 1414. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 1415. Independent medical advocate for members before medical evaluation 

boards. 

Sec. 1416. Training and workload for physical evaluation board liaison officers. 

Sec. 1417. Standardized training program and curriculum for Department of Defense disability evaluation system. 

Sec. 1418. Improved training for health care professionals, medical care case 

managers, and service member advocates on particular conditions of recovering service members. 

Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at 

an appropriate active duty base. 

Sec. 1420. Criteria for removal of member from temporary disability retired list. 

Sec. 1421. Improved transition of members of the Armed Forces to Department 

of Veterans Affairs upon retirement or separation. 

Sec. 1422. Establishment of Medical Support Fund for support of members of the 

Armed Forces returning to military service or civilian life. 

Sec. 1423. Oversight Board for Wounded Warriors. 

Sec. 1424. Option for members of reserve components to use military medical 

treatment facilities closest to home for certain injuries. 

Sec. 1425. Plans and research for reducing post traumatic stress disorder. 

Subtitle B—Studies and Reports 

Sec. 1431. Annual report on military medical facilities. 

Sec. 1432. Access of recovering service members to adequate outpatient residential 

facilities. 

Sec. 1433. Evaluation and report on Department of Defense and Department of 

Veterans Affairs disability evaluation systems. 

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Sec. 1434. Study and report on support services for families of recovering service 

members. 

Sec. 1435. Report on traumatic brain injury classifications. 

Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer Program. 

Sec. 1437. Study and report on standard soldier patient tracking system. 

Sec. 1438. Study and report on waiting periods for appointments at Department 

of Veterans Affairs medical facilities. 

Subtitle C—General Provisions 

Sec. 1451. Moratorium on conversion to contractor performance of Department of 

Defense functions at military medical facilities. 

Sec. 1452. Prohibition on transfer of resources from medical care. 

Sec. 1453. Increase in physicians at hospitals of the Department of Veterans Affairs. 

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

Sec. 1501. Purpose and statement of congressional policy. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 

Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Authorized Army construction and land acquisition projects. 

Sec. 1516. Authorized Navy construction and land acquisition projects. 

Sec. 1517. Treatment as additional authorizations. 

TITLE XVI—NATIONAL GUARD ENHANCEMENT 

Sec. 1601. Short title. 

Subtitle A—National Guard Bureau 

Sec. 1611. Enhancement of duties and position of Chief of the National Guard 

Bureau. 

Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. 

Sec. 1613. Enhancement of functions of National Guard Bureau. 

Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. 

Sec. 1615. Determination of Department of Defense civil support requirements. 

Sec. 1616. Conforming and clerical amendments. 

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Subtitle B—Additional Reserve Component Enhancement 

Sec. 1621. United States Northern Command. 

Sec. 1622. Council of Governors. 

Sec. 1623. Reserve Policy Board. 

Sec. 1624. Requirements for certain high-level positions to be held by reserve component general or flag officers. 

Sec. 1625. Retirement age and years of service limitations on certain reserve general and flag officers. 

Sec. 1626. Additional reporting requirements relating to National Guard equipment. 

TITLE XVII—DEFENSE READINESS PRODUCTION BOARD 

Sec. 1701. Purpose. 

Sec. 1702. Establishment of Defense Readiness Production Board. 

Sec. 1703. Defense Production Industry Advisory Council. 

Sec. 1704. Role of Chairman of Board in certain reporting processes. 

Sec. 1705. Authority to use multiyear contracts. 

Sec. 1706. Transfer authority. 

Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. 

Sec. 1708. Strategic Readiness Fund. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2006 project. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Repeal of authorization for construction of Navy Outlying Landing 

Field, Washington County, North Carolina. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

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Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL 

PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. 

Sec. 2802. Increased threshold for congressional notification of leases for military 

family housing facilities in foreign countries. 

Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary 

lodging facilities. 

Sec. 2804. Expansion of authority to exchange reserve component facilities. 

Sec. 2805. Extension of authority to accept cash equalization payments for reserve component facility exchanges. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Continued consolidation of real property provisions without substantive change. 

Sec. 2812. Cooperative agreement authority for management of cultural resources 

on certain sites outside military installations. 

Sec. 2813. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 

Sec. 2814. Expansion to all military departments of Army pilot program for 

purchase of certain municipal services for military installations. 

Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. 

Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

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Subtitle C—Base Closure and Realignment 

Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 

2005 to Department of Defense Housing Funds. 

Subtitle D—Land Conveyances 

Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon Maneuver Site, Colorado. 

Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2834. Additional conditions on lease of property for headquarters facility for 

United States Southern Command, Florida. 

Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. 

Sec. 2836. Land Exchange, Fort Hood, Texas. 

Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, 

Virginia. 

Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. 

Subtitle E—Energy Security 

Sec. 2851. Repeal of congressional notification requirement regarding cancellation 

ceiling for Department of Defense energy savings performance 

contracts. 

Sec. 2852. Report on opportunities for leveraging funds of the Department of Defense and States to prevent disruption in event of electric grid 

or pipeline failures. 

Subtitle F—Other Matters 

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of the 

Air Force. 

Sec. 2863. Establishment of national military working dog teams monument on 

suitable military installation. 

Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States 

House of Representatives. 

Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member 

of the United States House of Representatives. 

Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, 

Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives. 

Sec. 2867. Naming of administration building at Joint Systems Manufacturing 

Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, 

a former member of the United States House of Representatives. 

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Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. 

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Study on using existing pits for the Reliable Replacement Warhead 

program. 

Sec. 3112. National Nuclear Security Administration study on nuclear weapons 

complex protective forces. 

Sec. 3113. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3114. Assessment of security risks posed to nuclear weapons complex. 

Sec. 3115. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. 

Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. 

Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. 

Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2008. 

Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. 

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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 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

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

Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, 

M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles. 

Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters 

to CH-47F configuration. 

Sec. 114. Multiyear procurement authority for CH-47F helicopters. 

Sec. 115. Limitation on use of funds for Joint Network Node program pending 

certification to Congress. 

Sec. 116. Prohibition on closure of Army Tactical Missile System production line 

pending report. 

Subtitle C—Navy Programs 

Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex 

overhauls. 

Sec. 122. Multiyear procurement authority for Virginia-class submarine program. 

Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters. 

Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads. 

Sec. 125. Program to provide contractors with capital expenditure incentives. 

Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers. 

Sec. 127. Limitation on concurrent design and construction on first ship of a 

shipbuilding program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C-5 aircraft. 

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Sec. 132. Limitation on Joint Cargo Aircraft. 

Sec. 133. Clarification of limitation on retirement of U-2 aircraft. 

Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2008 for procurement for the Army as follows: 

6 (1) For aircraft, $3,928,139,000. 

7 (2) For missiles, $2,114,902,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $3,311,117,000. 

10 (4) For ammunition, $2,238,176,000. 

11 (5) For other procurement, $11,465,456,000. 

12 (6) For the Joint Improvised Explosive Device 

13 Defeat Fund, $500,000,000. 

14 SEC. 102. NAVY AND MARINE CORPS. 

15 (a) NAVY.—Funds are hereby authorized to be appro16 priated for fiscal year 2008 for procurement for the Navy 

17 as follows: 

18 (1) For aircraft, $12,750,767,000. 

19 (2) For weapons, including missiles and tor20 pedoes, $3,058,387,000. 

21 (3) For shipbuilding and conversion, 

22 $15,744,120,000. 

23 (4) For other procurement, $5,443,612,000. 

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

2 be appropriated for fiscal year 2008 for procurement for 

3 the Marine Corps in the amount of $2,580,257,000. 

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

5 are hereby authorized to be appropriated for fiscal year 

6 2008 for procurement of ammunition for the Navy and the 

7 Marine Corps in the amount of $1,060,484,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2008 for procurement for the Air Force as follows: 

11 (1) For aircraft, $12,356,270,000. 

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

13 (3) For missiles, $5,138,002,000. 

14 (4) For other procurement, $15,441,762,000. 

15 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2008 for Defense-wide procurement in the amount 

18 of $3,537,834,000. 

19 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2008 for the procurement of aircraft, missiles, 

22 wheeled and tracked combat vehicles, tactical wheeled vehi23 cles, ammunition, other weapons, and other procurement 

24 for the reserve components of the Armed Forces in the 

25 amount of $1,131,850,000. 

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1 Subtitle B—Army Programs 

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

3 M1A2 ABRAMS SYSTEM ENHANCEMENT PACK4 AGE VEHICLES. 

5 (a) AUTHORITY.—The Secretary of the Army may, in 

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

7 Code, enter into a multiyear contract, beginning with the 

8 fiscal year 2008 program year, for procurement of M1A2 

9 Abrams System Enhancement Package vehicles. 

10 (b) LIMITATION ON TERM OF CONTRACT.—Notwith11 standing subsection (k) of section 2306b of title 10, United 

12 States Code, a contract under this section may not be for 

13 a period in excess of five program years. 

14 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

15 M2A3 BRADLEY FIGHTING VEHICLES, M3A3 

16 CAVALRY FIGHTING VEHICLES, AND M2A3 

17 BRADLEY FIRE SUPPORT TEAM VEHICLES. 

18 (a) AUTHORITY.—The Secretary of the Army may, in 

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

20 Code, enter into a multiyear contract, beginning with the 

21 fiscal year 2008 program year, for procurement of M2A3 

22 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehi23 cles, and M2A3 Bradley Fire Support Team Vehicles. 

24 (b) LIMITATION ON TERM OF CONTRACT.—Notwith25 standing subsection (k) of section 2306b of title 10, United 

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1 States Code, a contract under this section may not be for 

2 a period in excess of four program years. 

3 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

4 CONVERSION OF CH-47D HELICOPTERS TO 

5 CH-47F CONFIGURATION. 

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

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

8 Code, enter into a multiyear contract, beginning with the 

9 fiscal year 2008 program year, for conversion of CH-47D 

10 helicopters to the CH-47F configuration. 

11 (b) LIMITATION ON TERM OF CONTRACT.—Notwith12 standing subsection (k) of section 2306b of title 10, United 

13 States Code, a contract under this section may not be for 

14 a period in excess of five program years. 

15 SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH16 47F HELICOPTERS. 

17 (a) AUTHORITY.—The Secretary of the Army may, in 

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

19 Code, enter into a multiyear contract, beginning with the 

20 fiscal year 2008 program year, for procurement of CH-47F 

21 helicopters. 

22 (b) LIMITATION ON TERM OF CONTRACT.—Notwith23 standing subsection (k) of section 2306b of title 10, United 

24 States Code, a contract under this section may not be for 

25 a period in excess of five program years. 

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1 SEC. 115. LIMITATION ON USE OF FUNDS FOR JOINT NET2 WORK NODE PROGRAM PENDING CERTIFI3 CATION TO CONGRESS. 

4 Of the amounts authorized to be appropriated for fiscal 

5 year 2008 for Other Procurement, Army, that are available 

6 for the Joint Network Node program, not more than 50 per7 cent may be obligated or expended until the Secretary of 

8 the Army submits to the congressional defense committees 

9 the Secretary’s certification, in writing, that— 

10 (1) the Joint Network Node program is a pro11 gram of record in accordance with Department of De12 fense Instruction 5000.2, ‘‘Operation of the Defense 

13 Acquisition System’’, dated May 12, 2003; 

14 (2) the Director of Operational Test and Evalua15 tion has approved a plan for an operational test and 

16 evaluation of the Joint Network Node system; and 

17 (3) the Army plans to procure all future lots of 

18 equipment for the Joint Network Node program 

19 through a competitive bid process. 

20 SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL 

21 MISSILE SYSTEM PRODUCTION LINE PEND22 ING REPORT. 

23 (a) PROHIBITION.—Amounts appropriated pursuant 

24 to the authorization of appropriations in section 101(2) for 

25 missiles, Army, and in section 1502(4) for missile procure26 ment, Army, and any other appropriated funds available 

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1 to the Secretary of the Army may not be used to commence, 

2 continue, or complete the closure of the production line for 

3 the Army Tactical Missile System program until at least 

4 120 days after the date on which the Secretary of the Army 

5 submits to the congressional defense committees a report 

6 that contains— 

7 (1) the certification of the Secretary that the long 

8 range surface-to-surface strike and counter battery 

9 mission of the Army can be adequately performed by 

10 other elements of the Armed Forces; 

11 (2) a plan to mitigate any shortfalls in the in12 dustrial base that would be created by the closure of 

13 the production line; and 

14 (3) a plan to replace the Army’s capability to 

15 perform long range surface-to-surface strike and 

16 counter battery missions. 

17 (b) SUBMISSION OF REPORT.—The report referred to 

18 in subsection (a) is required not later than April 1, 2008. 

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1 Subtitle C—Navy Programs 

2 SEC. 121. AUTHORITY TO TRANSFER FUNDS FOR SUB3 MARINE ENGINEERED REFUELING OVER4 HAULS AND CONVERSIONS AND FOR AIR5 CRAFT CARRIER REFUELING COMPLEX OVER6 HAULS. 

7 (a) IN GENERAL.—Chapter 633 of title 10, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘§ 7317. Transfer of funds for submarine engineered 

10 refueling overhauls and conversions and 

11 for aircraft carrier refueling complex 

12 overhauls 

13 ‘‘(a) AUTHORITY.—From amounts made available to 

14 the Department of Defense for fiscal year 2008 or any fiscal 

15 year thereafter, the Secretary of Defense may transfer, to 

16 the account for procurement, Navy, for shipbuilding and 

17 conversion, such amounts as the Secretary determines nec18 essary to cover the costs of submarine engineered refueling 

19 overhauls and conversions or aircraft carrier refueling com20 plex overhauls. Amounts so transferred shall be merged with 

21 and be available for the same purposes and for the same 

22 time period as the appropriation to which transferred. This 

23 transfer authority is in addition to any other transfer au24 thority available to the Secretary. 

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1 ‘‘(b) DETERMINATION.—The authority under this sec2 tion may be exercised only where the Secretary determines 

3 that the transfer of funds is required because of the dis4 covery, during the overhaul or conversion concerned, of un5 anticipated and emergent maintenance or repair. 

6 ‘‘(c) NOTIFICATION.—A transfer may be made under 

7 this section if— 

8 ‘‘(1) the Secretary determines that the overhaul 

9 or conversion concerned can be completed, so as to re10 turn the submarine or aircraft carrier to a full oper11 ational status, with that transfer; and 

12 ‘‘(2) the Secretary submits to the congressional 

13 defense committees a written notification of the deter14 mination required by subsection (b) and the deter15 mination required by paragraph (1), together with 

16 explanations of the basis for each such determination. 

17 ‘‘(d) LIMITATION OF $20,000,000.—An overhaul or 

18 conversion may receive one or more transfers under this sec19 tion, but may not receive more than $20,000,000 in such 

20 transfers, regardless of fiscal year.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of such chapter is amended by adding at the 

23 end the following new item: 

‘‘7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.’’. 

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1 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR2 GINIA-CLASS SUBMARINE PROGRAM. 

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

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

5 Code, enter into multiyear contracts, beginning with the fis6 cal year 2008 program year, for the procurement of Vir7 ginia-class submarines and Government-furnished equip8 ment associated with the Virginia-class submarine pro9 gram. 

10 (b) LIMITATION.—The Secretary may not enter into 

11 a contract authorized by subsection (a) until— 

12 (1) the Secretary submits to the congressional de13 fense committees a certification that the Secretary has 

14 made, with respect to that contract, each of the find15 ings required by subsection (a) of section 2306(b) of 

16 title 10, United States Code; and 

17 (2) a period of 30 days has elapsed after the date 

18 of the transmission of such certification. 

19 SEC. 123. LIMITATION ON FINAL ASSEMBLY OF VH-71 PRESI20 DENTIAL TRANSPORT HELICOPTERS. 

21 (a) IN GENERAL.—No funds appropriated pursuant to 

22 an authorization of appropriations or otherwise made 

23 available for aircraft procurement, Navy, may be obligated 

24 or expended for the final assembly of more than five VH25 71 Presidential transport helicopters. 

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1 (b) EXCEPTION.—The limitation in subsection (a) does 

2 not apply to a helicopter if the final assembly of the heli3 copter is carried out in the United States. 

4 SEC. 124. LIMITATION ON OPERATIONAL DEPLOYMENT OF 

5 WEAPONS SYSTEM THAT USES TRIDENT MIS6 SILES CONVERTED TO CARRY CONVEN7 TIONAL PAYLOADS. 

8 (a) LIMITATION.—No funds appropriated or otherwise 

9 available to the Department of Defense for fiscal year 2008 

10 may be obligated or expended for operational deployment 

11 of a weapons system that uses Trident missiles converted 

12 to carry conventional payloads. 

13 (b) NOTIFICATION.—Within 30 days after the date on 

14 which the Secretary of Defense determines that the weapons 

15 system referred to in subsection (a) is fully functional and 

16 that fielding the weapons system is necessary to meet mili17 tary requirements, the Secretary shall submit to the con18 gressional defense committees notification, in writing, of 

19 that determination. 

20 SEC. 125. PROGRAM TO PROVIDE CONTRACTORS WITH CAP21 ITAL EXPENDITURE INCENTIVES. 

22 (a) IN GENERAL.—From amounts made available for 

23 procurement, Navy, for shipbuilding and conversion, for fis24 cal year 2008 or any fiscal year thereafter, the Secretary 

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1 retary provides contractors with capital expenditure incen2 tives to support investment in facilities and process im3 provements for current and future Navy vessel construction 

4 contracts. 

5 (b) USE OF FUNDS.—Amounts provided to a con6 tractor under the program may be used for improvements 

7 that benefit any one or more of the shipbuilding programs 

8 in the contractor’s facilities. 

9 (c) ANALYSIS REQUIRED.—Amounts may be provided 

10 to a contractor under the program only if the contractor 

11 presents a proposal containing a fully supported analysis 

12 that demonstrates that the investment would lead to ship 

13 construction or life cycle savings to the Federal Government 

14 by— 

15 (1) improvements in design, material, tech16 nology, or manufacturing process; 

17 (2) investing in shipyard infrastructure that 

18 would support construction process improvement; 

19 (3) investing in specialized workforce training, 

20 including apprenticeship training programs; or 

21 (4) investing in construction process that would 

22 reduce life cycle maintenance costs of the vessels under 

23 construction at the contractor’s facilities. 

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1 (d) APPROVAL.—The Secretary shall not provide 

2 amounts to a contractor under the program unless the Sec3 retary determines that— 

4 (1) the analysis contained in the proposal is 

5 sound; and 

6 (2) providing those amounts is in the best inter7 ests of the United States. 

8 (e) DEMONSTRATION OF SAVINGS TO THE FEDERAL

9 GOVERNMENT.—The Secretary shall not provide amounts 

10 to a contractor under the program unless the Secretary and 

11 the contractor, as part of the approval process for a pro12 posal, agree to measures, benchmarks, and recoupment pro13 visions in the event the investment fails to demonstrate sav14 ings to the Federal Government. 

15 (f) REPORT.—At the end of each fiscal year, beginning 

16 with fiscal year 2008, the Secretary shall submit to the con17 gressional defense committees a report on the activities car18 ried out under this section during that fiscal year. The re19 port shall describe each incentive approved during that fis20 cal year and, for each such incentive, include an estimate 

21 of the costs of providing the incentive and an analysis of 

22 the potential savings to the Federal Government from the 

23 investment. 

24 (g) REGULATIONS.—The Secretary shall prescribe reg25 ulations to carry out this section. The initial regulations 

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1 shall be prescribed not later than 180 days after the date 

2 of the enactment of this Act. 

3 SEC. 126. LIMITATION ON USE OF SHIPBUILDING AND CON4 VERSION, NAVY, FUNDS FOR EMPLOYMENT 

5 OF NONIMMIGRANT WORKERS. 

6 (a) LIMITATION ON THE USE OF FUNDS.— 

7 (1) IN GENERAL.—Except as provided in sub8 section (c), funds appropriated or otherwise available 

9 to the Department of Defense for Shipbuilding and 

10 Conversion, Navy, for fiscal year 2008 or any fiscal 

11 year thereafter may not be used for the purpose of 

12 ship construction at the facility of a contractor who, 

13 for the purposes of United States Navy ship construc14 tion, employs or contracts for foreign workers who are 

15 legally present in the United States under a H2B 

16 visa. 

17 (2) CONTRACTORS COVERED.—Paragraph (1) 

18 applies to prime contractors and subcontracts at any 

19 tier under such contracts. 

20 (b) ANALYSIS OF SHIPYARD LABOR.— 

21 (1) IN GENERAL.—The Assistant Secretary of the 

22 Navy for Research, Development, and Acquisition 

23 shall maintain a five-year forecast of potential labor 

24 surplus, by shipyard, for each of the shipyards that 

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1 nual naval vessel construction plan required by sec2 tion 231 of title 10, United States Code. 

3 (2) INCLUSION IN PLAN.—The forecast required 

4 by paragraph (1) shall be included in each plan sub5 mitted in accordance with section 231 of title 10, 

6 United States Code. 

7 (c) EXCEPTION FOR SHORTAGE OF UNITED STATES

8 WORKERS.—The Secretary of the Navy may waive the re9 striction in subsection (a) for a contractor for a fiscal year 

10 if the contractor certifies to the Secretary for that fiscal year 

11 that— 

12 (1) the contractor has fully complied with all ex13 isting laws and regulations regarding labor certifi14 cations in support of an application for alien em15 ployment via the H2B visa process; 

16 (2) a Department of Labor regional certifying of17 ficer has issued a determination approving such an 

18 application, in accordance with existing laws and 

19 regulations; and 

20 (3) the contractor has attempted to recruit 

21 United States shipyard workers in the geographical 

22 area surrounding shipyards identified in the most re23 cent Navy annual naval vessel construction plan as 

24 having potential labor surpluses, in a manner that is 

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1 consistent with procedures which shall be prescribed 

2 by the Secretary and that— 

3 (A) is appropriate for the occupation; 

4 (B) offers, at a minimum, the same trans5 portation and housing benefits to be offered to 

6 alien employees; and 

7 (C) is most likely to bring responses. 

8 SEC. 127. LIMITATION ON CONCURRENT DESIGN AND CON9 STRUCTION ON FIRST SHIP OF A SHIP10 BUILDING PROGRAM. 

11 (a) IN GENERAL.—For any shipbuilding program that 

12 is a major defense acquisition program under section 2430 

13 of title 10, United States Code, the start of construction of 

14 a first ship (as defined in subsection (b)) may not occur 

15 until the Secretary of the Navy certifies to the congressional 

16 defense committees that the detailed design of the ship is 

17 completed and approved by the relevant design certification 

18 agents, to a level determined by the Secretary to be accept19 able for commencement of construction, via a report de20 scribed in subsection (d). 

21 (b) FIRST SHIP.—For purposes of subsection (a), a 

22 ship is a first ship if— 

23 (1) the ship is the first ship to be constructed 

24 under that shipbuilding program; 

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1 (2) the shipyard at which the ship is to be con2 structed has not previously started construction on a 

3 ship under that shipbuilding program; or 

4 (3) the ship is the first ship to be constructed fol5 lowing a major design change, characterized as a 

6 change in flight, under that shipbuilding program. 

7 (c) START OF CONSTRUCTION.—For purposes of sub8 section (a), start of construction means the beginning of fab9 rication of the hull and superstructure of the ship. 

10 (d) REPORT.—The Secretary of the Navy shall provide 

11 the certification required by subsection (a) in a report that 

12 provides an assessment of each of the following: 

13 (1) The degree of completion of the detailed de14 sign drawings and specifications for the ship. 

15 (2) The readiness of the shipyard facilities and 

16 workforce to begin construction. 

17 (3) The maturity level of research and develop18 ment efforts of any new technologies that will be used 

19 in the ship’s command and control systems, weapons 

20 systems, sensor systems, mechanical or electrical sys21 tems, or hull. 

22 (4) The ability to meet cost and schedule esti23 mates within the applicable program baseline. 

24 (e) APPLICABILITY.— 

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1 (1) NEW SHIPBUILDING PROGRAMS.—This sec2 tion applies to each shipbuilding program beginning 

3 after the date of the enactment of this Act. 

4 (2) MAJOR DESIGN CHANGES FOR EXISTING

5 SHIPBUILDING PROGRAMS.—In addition, subsection 

6 (b)(3) applies to any major design change occurring 

7 after the date of the enactment of this Act to any 

8 shipbuilding program in existence as of the date of 

9 the enactment of this Act. 

10 Subtitle D—Air Force Programs 

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

12 (a) CERTIFICATION AND COST ANALYSIS REQUIRED.— 

13 The Secretary of the Air Force may not proceed with a deci14 sion to retire C-5A aircraft from the inventory of the Air 

15 Force in any number that would reduce the total number 

16 of such aircraft in the inventory below 111 until 45 days 

17 after the Secretary of the Air Force submits to the congres18 sional defense committees the following: 

19 (1) The Secretary’s certification that— 

20 (A) the Secretary is able to comply with 

21 subsection (g) of section 8062 of title 10, United 

22 States Code; and 

23 (B) retiring the aircraft will not signifi24 cantly increase operational risk of not meeting 

25 the National Military Strategy. 

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1 (2) A cost analysis with respect to the aircraft 

2 to be retired that— 

3 (A) evaluates which alternative is more pru4 dent in meeting strategic airlift mobility require5 ments— 

6 (i) to retire the aircraft; or 

7 (ii) to perform the Avionics Moderniza8 tion Program (AMP) and the Reliability 

9 Enhancement and Re-engining Program 

10 (RERP) on the aircraft; and 

11 (B) evaluates the cost of C-17 aircraft to re12 place the capability of the aircraft to be retired. 

13 (b) ADDITIONAL REQUIREMENTS FOR COST ANAL14 YSIS.—The cost analysis required by subsection (a)(2) shall 

15 be performed by a Federally Funded Research and Develop16 ment Center selected by the Air Force and shall conform 

17 to the following requirements: 

18 (1) The cost analysis shall include one analysis 

19 that uses ‘‘constant year dollars’’ and one analysis 

20 that uses ‘‘then year dollars’’. 

21 (2) For each such analysis, the time period cov22 ered by the analysis shall be the expected service life 

23 of the aircraft concerned. 

24 (3) For each such analysis, the ownership costs 

25 evaluated shall include costs for— 

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1 (A) planned technology insertions or up2 grades over the service life of the aircraft to meet 

3 emerging requirements; 

4 (B) research and development; 

5 (C) testing; 

6 (D) procurement; 

7 (E) production; 

8 (F) production termination; 

9 (G) operations; 

10 (H) training; 

11 (I) maintenance; 

12 (J) sustainment; 

13 (K) military construction; 

14 (L) personnel; 

15 (M) cost of replacement due to attrition; 

16 and 

17 (N) disposal. 

18 (4) The cost analysis shall include each of the 

19 following: 

20 (A) An assessment of the quality of each 

21 cost analysis. 

22 (B) A discussion of each of the following: 

23 (i) The assumptions used. 

24 (ii) The benefits to be realized from 

25 each alternative. 

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1 (iii) Adverse impacts to be realized 

2 from each alternative. 

3 (iv) Cargo capacity, operational avail4 ability, departure reliability, and mission 

5 capability. 

6 (v) Aircraft basing. 

7 (vi) Aircrew ratios and associated 

8 training requirements. 

9 (vii) Performing AMP and RERP on 

10 only C-5B and C5C aircraft. 

11 (C) A summary table that compares and 

12 contrasts each alternative with respect to each of 

13 the requirements of this subsection. 

14 (c) CONFORMING REPEAL.—Section 132 of the Na15 tional Defense Authorization Act for Fiscal Year 2004 (Pub16 lic Law 108-136; 117 Stat. 1411) is repealed. 

17 SEC. 132. LIMITATION ON JOINT CARGO AIRCRAFT. 

18 No funds appropriated pursuant to an authorization 

19 of appropriations or otherwise made available for procure20 ment, or for research, development, test, and evaluation, 

21 may be obligated or expended for the Joint Cargo Aircraft 

22 until 30 days after the Secretary of Defense submits to the 

23 congressional defense committees each of the following: 

24 (1) The Air Force Air Mobility Command’s Air25 lift Mobility Roadmap. 

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1 (2) The Department of Defense Intra-Theater 

2 Airlift Capabilities Study. 

3 (3) The Department of Defense Joint Intra-The4 ater Distribution Assessment. 

5 (4) The Joint Cargo Aircraft Functional Area 

6 Series Analysis. 

7 (5) The Joint Cargo Aircraft Analysis of Alter8 natives. 

9 (6) The Secretary’s certification that— 

10 (A) there is, within the Department of the 

11 Army, Department of the Air Force, Army Na12 tional Guard, or Air National Guard, a capa13 bility gap or shortfall with respect to intra-the14 ater airlift; and 

15 (B) validated requirements exist to fill that 

16 gap or shortfall through procurement of the Joint 

17 Cargo Aircraft. 

18 SEC. 133. CLARIFICATION OF LIMITATION ON RETIREMENT 

19 OF U-2 AIRCRAFT. 

20 Section 133(b) of the John Warner National Defense 

21 Authorization Act for Fiscal Year 2007 (Public Law 109- 

22 364; 120 Stat. 2112) is amended— 

23 (1) in paragraph (1)— 

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1 (A) by striking ‘‘After fiscal year 2007’’ and 

2 inserting ‘‘For each fiscal year after fiscal year 

3 2007’’; and 

4 (B) by inserting after ‘‘Secretary of De5 fense’’ the following: ‘‘, in that fiscal year,’’; and 

6 (2) in paragraph (2)— 

7 (A) by inserting after ‘‘Department of De8 fense’’ the following: ‘‘in a fiscal year’’; and 

9 (B) by inserting after ‘‘Congress’’ the fol10 lowing: ‘‘in that fiscal year’’. 

11 SEC. 134. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED 

12 C-130E TACTICAL AIRLIFT AIRCRAFT. 

13 Section 137(b) of the John Warner National Defense 

14 Authorization Act for Fiscal Year 2007 (Public Law 109- 

15 364; 120 Stat. 2114) is repealed. 

16 TITLE II—RESEARCH, DEVELOP17 MENT, TEST, AND EVALUA18 TION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Operational test and evaluation of Future Combat Systems network. 

Sec. 212. Limitation on systems development and demonstration of Joint Light 

Tactical Vehicle program. 

Sec. 213. Requirement to obligate funds for development and procurement of a 

competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for manufacturing science and technology 

program. 

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Subtitle C—Ballistic Missile Defense 

Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. 

Sec. 222. Fielding of ballistic missile defense capabilities and future roles and 

missions of Missile Defense Agency. 

Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA 

missile. 

Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs. 

Sec. 225. Independent study on deploying missile defense system in Europe. 

Sec. 226. Sense of Congress concerning full support for development and fielding 

of a layered ballistic missile defense. 

Subtitle D—Other Matters 

Sec. 231. Responsibility for human systems integration activities. 

Sec. 232. Expansion of authority for encouragement of technology transfer. 

Sec. 233. Army Venture Capital Fund demonstration. 

Sec. 234. Independent tests for combat helmet pad suspension systems. 

Sec. 235. Report on implementation of Manufacturing Technology Program. 

Sec. 236. Assessment of sufficiency of test and evaluation personnel. 

Sec. 237. Repeal of requirement for separate reports on technology area review 

and assessment summaries. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2008 for the use of the Department of Defense for 

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

7 (1) For the Army, $10,082,498,000. 

8 (2) For the Navy, $17,333,601,000. 

9 (3) For the Air Force, $25,738,960,000. 

10 (4) For Defense-wide activities, $20,141,264,000, 

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

12 of Operational Test and Evaluation. 

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1 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH2 NOLOGY. 

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

4 to be appropriated by section 201, $11,504,291,000 shall be 

5 available for the Defense Science and Technology Program, 

6 including basic research, applied research, and advanced 

7 technology development projects. 

8 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD9 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur10 poses of this section, the term ‘‘basic research, applied re11 search, and advanced technology development’’ means work 

12 funded in program elements for defense research and devel13 opment under Department of Defense budget activity 1, 2, 

14 or 3. 

15 Subtitle B—Program Requirements, 

16 Restrictions, and Limitations 

17 SEC. 211. OPERATIONAL TEST AND EVALUATION OF FU18 TURE COMBAT SYSTEMS NETWORK. 

19 (a) OPERATIONAL TEST AND EVALUATION RE20 QUIRED.—The Secretary of the Army, in cooperation with 

21 the Director, Operational Test and Evaluation, shall com22 plete an operational test and evaluation (as defined in sec23 tion 139(a)(2)(A) of title 10, United States Code), of the 

24 FCS network in a realistic environment simulating oper25 ational conditions. The operational test and evaluation 

26 shall— 

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1 (1) be conducted and approved by the Director, 

2 Operational Test and Evaluation; 

3 (2) be conducted using production representative 

4 equipment, sensors, and software for the FCS net5 work; 

6 (3) be conducted in a manner that simulates a 

7 full Future Combat Systems brigade; 

8 (4) be conducted, to the maximum extent pos9 sible, using actual communications equipment instead 

10 of computer simulations; 

11 (5) be conducted in a realistic operational elec12 tronic warfare environment, including enemy elec13 tronic warfare and network attacks; and 

14 (6) include, to the maximum extent possible, all 

15 sensor information feeds the FCS network is designed 

16 to incorporate. 

17 (b) FCS NETWORK DEFINED.—In this section, the 

18 term ‘‘FCS network’’ includes all sensors, information sys19 tems, computers, and communications systems necessary to 

20 support Future Combat Systems brigade operations. 

21 (c) REPORT.—Not later than 120 days after com22 pleting the operational test and evaluation required by sub23 section (a), the Director, Operational Test and Evaluation 

24 shall submit to the congressional defense committees a remstockstill on PROD1PC66 with BILLS

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1 port on the outcome of the operational test and evaluation. 

2 The report shall include, at a minimum— 

3 (1) an evaluation of the overall operational effec4 tiveness of the FCS network, including— 

5 (A) an evaluation of the FCS network’s ca6 pability to transmit the volume and classes of 

7 data required by Future Combat Systems ap8 proved requirements; and 

9 (B) an evaluation of the FCS network’s per10 formance in a degraded condition due to enemy 

11 network attack, sophisticated enemy electronic 

12 warfare, adverse weather conditions, and terrain 

13 variability; 

14 (2) an evaluation of the FCS network’s ability to 

15 improve friendly force knowledge of the location and 

16 capability of enemy forces and combat systems; and 

17 (3) an evaluation of the overall operational suit18 ability of the FCS network. 

19 (d) LIMITATION PENDING SUBMISSION OF REPORT.— 

20 (1) IN GENERAL.—No funds appropriated pursu21 ant to an authorization of appropriations or other22 wise made available to the Department of the Army 

23 for any fiscal year may be obligated for low-rate ini24 tial production or full-rate production of Future 

25 Combat Systems manned ground vehicles until 60 

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1 days after the date on which the report is submitted 

2 under subsection (c). 

3 (2) WAIVER AUTHORITY.—The Secretary of De4 fense may waive the limitation in paragraph (1) if 

5 the Secretary determines that such a waiver is crit6 ical for national security. Such a waiver shall not be7 come effective until 14 days after the date on which 

8 the Secretary submits to the congressional defense 

9 committees a written notice of the waiver. 

10 (3) INAPPLICABILITY TO THE NON LINE OF

11 SIGHT CANNON VEHICLE.—The limitation in para12 graph (1) does not apply to the Non Line of Sight 

13 Cannon vehicle. 

14 SEC. 212. LIMITATION ON SYSTEMS DEVELOPMENT AND 

15 DEMONSTRATION OF JOINT LIGHT TACTICAL 

16 VEHICLE PROGRAM. 

17 No funds appropriated pursuant to an authorization 

18 of appropriations or otherwise made available for any fiscal 

19 year may be obligated or expended for the Joint Light Tac20 tical Vehicle program beyond the Design Readiness Review 

21 for the acquisition program phase of systems development 

22 and demonstration until after the certification for the Joint 

23 Light Tactical Vehicle program is made and submitted as 

24 required by section 2366a of title 10, United States Code, 

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1 and a progress report is received for review by the congres2 sional defense committees. 

3 SEC. 213. REQUIREMENT TO OBLIGATE FUNDS FOR DEVEL4 OPMENT AND PROCUREMENT OF A COMPETI5 TIVE PROPULSION SYSTEM FOR THE JOINT 

6 STRIKE FIGHTER. 

7 Of the funds appropriated pursuant to an authoriza8 tion of appropriations or otherwise made available, for fis9 cal year 2008 or any fiscal year thereafter, for research, 

10 development, test, and evaluation and procurement for the 

11 Joint Strike Fighter program, the Secretary of Defense shall 

12 obligate sufficient annual amounts to develop and procure 

13 a competitive propulsion system for the Joint Strike Fighter 

14 in order to conduct a competitive propulsion source selec15 tion. 

16 SEC. 214. LIMITATION ON USE OF FUNDS FOR MANUFAC17 TURING SCIENCE AND TECHNOLOGY PRO18 GRAM. 

19 (a) IN GENERAL.—No funds available to the Office of 

20 the Secretary of Defense for any fiscal year may be obli21 gated or expended for a manufacturing science and tech22 nology project unless the Director, Defense Research and 

23 Engineering, ensures that— 

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1 (1) the project is awarded using competitive pro2 cedures in accordance with section 2304 of title 10, 

3 United States Code; 

4 (2) the project is carried out— 

5 (A) under the Manufacturing Technology 

6 Program established by section 2521 of title 10, 

7 United States Code; and 

8 (B) in compliance with all requirements of 

9 any directive that applies to manufacturing 

10 technology; and 

11 (3) a technology transition agreement has been 

12 fully executed between the Director and a prospective 

13 technology user. 

14 (b) DEFINITIONS.—In this subsection: 

15 (1) The term ‘‘technology transition agreement’’ 

16 means an agreement signed by officials of the Depart17 ment of Defense that includes— 

18 (A) a description of the prospective tech19 nology user’s relevant technology needs in pri20 ority order; 

21 (B) a description of the minimum incre22 ment of capability that must be developed in 

23 order for the prospective technology user to con24 sider implementing the technology; 

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1 (C) a schedule of technology transition win2 dows for each technology need; 

3 (D) a description of discrete technology 

4 deliverables that specifically identifies which user 

5 need would be fulfilled by each deliverable; 

6 (E) a schedule for technology deliverables 

7 that aligns with user defined technology transi8 tion opportunities; and 

9 (F) a commitment by the prospective tech10 nology user to program for advanced develop11 ment or procurement funding, as appropriate, 

12 upon successful delivery of the technology, in ac13 cordance with the other terms of the agreement. 

14 (2) The term ‘‘prospective technology user’’ has 

15 the meaning given that term in section 2521(c)(6) of 

16 title 10, United States Code. 

17 Subtitle C—Ballistic Missile 

18 Defense 

19 SEC. 221. OVERSIGHT OF MISSILE DEFENSE AGENCY PRO20 GRAMS BY DIRECTOR OF OPERATIONAL TEST 

21 AND EVALUATION. 

22 (a) MDA TO REPORT TO OT&E.—The Director of the 

23 Missile Defense Agency shall report promptly to the Direc24 tor of Operational Test and Evaluation the results of— 

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1 (1) all operational test and evaluation conducted 

2 by the Missile Defense Agency with respect to any 

3 major defense acquisition program; and 

4 (2) all studies conducted in connection with such 

5 operational test and evaluation. 

6 (b) OT&E OBSERVERS AT MDA TESTS.—The Director 

7 of Operational Test and Evaluation may require that such 

8 observers as the Director of Operational Test and Evalua9 tion may designate are present during the preparation for, 

10 and the conduct of, the test part of any test and evaluation 

11 conducted by the Missile Defense Agency with respect to any 

12 major defense acquisition program. 

13 (c) OT&E ACCESS TO INFORMATION.—The Director of 

14 Operational Test and Evaluation shall have access to all 

15 information of the Department of Defense (including infor16 mation of the Missile Defense Agency) that the Director con17 siders necessary to review in order to carry out this section. 

18 SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA19 BILITIES AND FUTURE ROLES AND MISSIONS 

20 OF MISSILE DEFENSE AGENCY. 

21 (a) AVAILABILITY OF RDT&E FUNDS FOR FISCAL

22 2009.—Upon approval by the Secretary of Defense, funds 

23 appropriated pursuant to an authorization of appropria24 tions or otherwise made available for fiscal year 2009 for 

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1 research, development, test, and evaluation for the Missile 

2 Defense Agency— 

3 (1) may be used for the development and fielding 

4 of ballistic missile defense capabilities; and 

5 (2) may not be used for operations and support 

6 activities. 

7 (b) BUDGETING FOR OPERATIONS AND SUPPORT FOR

8 FISCAL 2009.—For fiscal year 2009, any amount in the 

9 budget submitted to Congress under section 1105(a) of title 

10 31, United States Code, for operations and support activi11 ties for the Missile Defense Agency shall be set forth under 

12 the account of the Department of Defense for operation and 

13 maintenance, Defense-wide, and, within that account, 

14 under the subaccount (or other budget activity level) for the 

15 Missile Defense Agency. 

16 (c) PLAN REQUIRED.—Not later than March 1, 2008, 

17 the Director of the Missile Defense Agency shall submit to 

18 the Committee on Armed Services of the Senate and the 

19 Committee on Armed Services of the House of Representa20 tives a plan for transitioning the Missile Defense Agency 

21 from using research, development, test, and evaluation 

22 funds for missile defense fielding activities to using procure23 ment funds for those activities where practicable. 

24 (d) STUDY REQUIRED.— 

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

2 enter into an agreement with one of the Federally 

3 Funded Research and Development Centers under 

4 which the Center will carry out a study to examine, 

5 and make recommendations with respect to, the long6 term structure, roles, and missions of the Missile De7 fense Agency. 

8 (2) MATTERS INCLUDED.— 

9 (A) REVIEW.—The study shall include a 

10 full review of the structure, roles, and missions 

11 of the Missile Defense Agency. 

12 (B) ASSESSMENTS.—The study shall in13 clude an examination and assessment of the cur14 rent and future— 

15 (i) structure, roles, and missions of the 

16 Missile Defense Agency; and 

17 (ii) relationship of the Missile Defense 

18 Agency with— 

19 (I) the Office of the Under Sec20 retary of Defense for Acquisition, Tech21 nology, and Logistics; 

22 (II) the Office of the Under Sec23 retary of Defense for Policy; 

24 (III) the Director of Operational 

25 Test and Evaluation; 

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1 (IV) the Commander of the United 

2 States Strategic Command and other 

3 combatant commanders; and 

4 (V) the military departments. 

5 (C) RECOMMENDATIONS.—The study shall 

6 include recommendations as to how the Missile 

7 Defense Agency can be made more effective to 

8 support the needs of the warfighter. The rec9 ommendations shall include specific rec10 ommendations as to whether— 

11 (i) the Missile Defense Agency should 

12 be maintained in its current configuration; 

13 (ii) the scope and nature of the Missile 

14 Defense Agency should be changed from an 

15 organization focused on research and devel16 opment to an organization focused on com17 bat support; and 

18 (iii) the Missile Defense Agency should 

19 be abolished and its responsibilities trans20 ferred to the United States Strategic Com21 mand and the military departments. 

22 (3) COOPERATION FROM GOVERNMENT.—In car23 rying out the study, the Federally Funded Research 

24 and Development Center shall receive the full and 

25 timely cooperation of the Secretary of Defense and 

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1 any other United States Government official in pro2 viding the Center with analyses, briefings, and other 

3 information necessary for the fulfillment of its respon4 sibilities. 

5 (4) REPORT.—Not later than September 1, 2008, 

6 the Federally Funded Research and Development Cen7 ter shall submit to the Committees on Armed Services 

8 of the Senate and House of Representatives a report 

9 on its findings, conclusions, and recommendations. 

10 (5) FUNDING.—Funds for the study shall be pro11 vided from amounts appropriated for the Department 

12 of Defense. 

13 SEC. 223. LIMITATION ON USE OF FUNDS FOR REPLACING 

14 WARHEAD ON SM-3 BLOCK IIA MISSILE. 

15 None of the funds appropriated or otherwise made 

16 available pursuant to an authorization of appropriations 

17 in this Act may be obligated or expended to replace the uni18 tary warhead on the SM-3 Block IIA missile with the Mul19 tiple Kill Vehicle until after the Secretary of Defense cer20 tifies to Congress that— 

21 (1) the United States and Japan have reached 

22 an agreement to replace the unitary warhead on the 

23 SM-3 Block IIA missile; and 

24 (2) replacing the unitary warhead on the SM-3 

25 Block IIA missile with the Multiple Kill Vehicle will 

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1 not delay the expected deployment date of 2014-2015 

2 for that missile. 

3 SEC. 224. TWO-YEAR EXTENSION OF COMPTROLLER GEN4 ERAL ASSESSMENTS OF BALLISTIC MISSILE 

5 DEFENSE PROGRAMS. 

6 Section 232(g) of the National Defense Authorization 

7 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend8 ed— 

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

10 2008’’ and inserting ‘‘through 2010’’; and 

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

12 2009’’ and inserting ‘‘through 2011’’. 

13 SEC. 225. INDEPENDENT STUDY ON DEPLOYING MISSILE 

14 DEFENSE SYSTEM IN EUROPE. 

15 (a) STUDY REQUIRED.—The Secretary of Defense shall 

16 enter into an agreement with one of the Federally Funded 

17 Research and Development Centers under which the Center 

18 will carry out a study on the political, technical, oper19 ational, force structure, and budgetary implications of de20 ploying a long-range missile defense system in Europe. 

21 (b) ANALYSIS OF ADMINISTRATION PROPOSAL.—The 

22 study shall provide a full analysis of the Administration’s 

23 proposal to protect forward-deployed radars, Europe, and 

24 the United States by deploying, in Europe, interceptors and 

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1 tem. In providing the analysis, the study shall examine each 

2 of the following: 

3 (1) The technical capabilities of the GMD sys4 tem, as so deployed, to effectively protect forward-de5 ployed radars, Europe, and the United States. 

6 (2) The political implications of such a deploy7 ment on the United States, the North Atlantic Treaty 

8 Organization, and other interested parties. 

9 (3) The operational issues associated with such a 

10 deployment. 

11 (4) The force structure implications of such a de12 ployment. 

13 (5) The budgetary implications of such a deploy14 ment. 

15 (c) ANALYSIS OF ALTERNATIVES.—The study shall also 

16 provide a full analysis of alternative systems that could be 

17 deployed to fulfill, in whole or in part, the protective pur18 poses of the Administration’s proposal. The alternative sys19 tems shall include a range of feasible combinations of other 

20 missile defense systems that are available or are expected 

21 to be available as of 2020. In providing the analysis, the 

22 study shall examine, for each alternative system included, 

23 the following: 

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1 (1) The technical capabilities of the alternative 

2 system, as so deployed, to effectively protect forward3 deployed radars, Europe, and the United States. 

4 (2) The political implications of such a deploy5 ment on the United States, the North Atlantic Treaty 

6 Organization, and other interested parties. 

7 (3) The operational issues associated with such a 

8 deployment. 

9 (4) The force structure implications of such a de10 ployment. 

11 (5) The budgetary implications of such a deploy12 ment. 

13 (d) COOPERATION REQUIRED.—In carrying out the 

14 study, the Federally Funded Research and Development 

15 Center shall receive the cooperation of the Secretary of De16 fense, the Secretary of State, the Director of National Intel17 ligence, and any other United States Government official 

18 in providing the Center with analyses, briefings, and other 

19 information necessary for the fulfillment of its responsibil20 ities. 

21 (e) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Federally Funded Research 

23 and Development Center shall submit to the congressional 

24 defense committees and the Secretary of Defense a report 

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1 on the results of the study. The report shall be in unclassi2 fied form, but may include a classified annex. 

3 (f) FUNDING.—Of the amounts appropriated or other4 wise made available pursuant to the authorization of ap5 propriations in section 201(4), $1,000,000 is available to 

6 carry out the study required by this section. 

7 SEC. 226. SENSE OF CONGRESS CONCERNING FULL SUP8 PORT FOR DEVELOPMENT AND FIELDING OF 

9 A LAYERED BALLISTIC MISSILE DEFENSE. 

10 It is the sense of Congress that— 

11 (1) the development and proliferation of ballistic 

12 missile and nuclear capabilities by rogue nations con13 tinues to grow, posing a serious threat to the national 

14 security of the United States, United States military 

15 forces deployed, and United States national security 

16 interests more broadly, as demonstrated by— 

17 (A) the July 2006 test by North Korea of 

18 six short-range missiles and one longer-range 

19 Taepo Dong-2 missile, and the October 2006 test 

20 by North Korea of a nuclear device; 

21 (B) the November 2006 and January 2007 

22 test by Iran of nearly a dozen missiles and an 

23 ongoing effort by Iran to enrich uranium; 

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1 (C) the reported proliferation of BM-25 in2 termediate range ballistic missiles from North 

3 Korea to Iran; and 

4 (D) the reported January 2007 test by 

5 Syria of Scud-D short-range ballistic missiles; 

6 (2) the United States must have the capability to 

7 defend its homeland and forward-deployed military 

8 forces against the threats highlighted in paragraph 

9 (1); 

10 (3) the United States is committed to working 

11 with its allies to obtain the capability to defend our 

12 broader national security interests against ballistic 

13 missile threats highlighted in paragraph (1); 

14 (4) as specified in the John Warner National 

15 Defense Authorization Act for Fiscal Year 2007, ‘‘It 

16 is the policy of the United States that the Department 

17 of Defense accord priority within the missile defense 

18 program to the development, testing, fielding, and im19 provement of effective near-term missile defense capa20 bilities, including the ground-based midcourse defense 

21 system, the Aegis ballistic missile defense system, the 

22 Patriot PAC-3 system, the Terminal High Altitude 

23 Area Defense system, and the sensors necessary to 

24 support such systems.’’; 

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1 (5) the Congress fully supports efforts by the De2 partment of Defense to continue development, testing, 

3 and fielding of an effective, integrated, robust, layered 

4 ballistic missile defense system that is capable of 

5 intercepting ballistic missiles as described in para6 graph (1) in various phases of flight; 

7 (6) a layered defense requires fielding compo8 nents on land and sea, space-based and other sensors, 

9 along with the command and control capability that 

10 ties the various components together; and 

11 (7) it is in the national security interest of the 

12 United States to continue development, testing, and 

13 operations of the United States ballistic missile de14 fense system to hedge against uncertainty in the de15 velopment, test, and fielding of ballistic missile capa16 bilities by rogue nations. 

17 Subtitle D—Other Matters 

18 SEC. 231. RESPONSIBILITY FOR HUMAN SYSTEMS INTEGRA19 TION ACTIVITIES. 

20 (a) IN GENERAL.—The Secretary of Defense, acting 

21 through the Under Secretary of Defense for Acquisition, 

22 Technology, and Logistics, shall coordinate and manage 

23 human systems integration activities throughout the acqui24 sition programs of the Department of Defense. 

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1 (b) ADMINISTRATION.—In carrying out subsection (a), 

2 the Secretary shall— 

3 (1) designate a senior official to be responsible 

4 for the effort; and 

5 (2) supervise the planning, management, and co6 ordination of such activities. 

7 (c) RESPONSIBILITIES.—In carrying out this section, 

8 the Secretary shall— 

9 (1) develop a Department of Defense Instruction, 

10 and as necessary a Department of Defense Directive, 

11 specific to human systems integration activities; and 

12 (2) identify and recommend, as appropriate, re13 source requirements for human systems integration 

14 activities. 

15 (d) DESIGNATION.—The designation required by sub16 section (b)(2) shall be made not later than 60 days after 

17 the date of the enactment of this Act. 

18 SEC. 232. EXPANSION OF AUTHORITY FOR ENCOURAGE19 MENT OF TECHNOLOGY TRANSFER. 

20 Section 2514(c) of title 10, United States Code, is 

21 amended— 

22 (1) by redesignating paragraphs (3) and (4) as 

23 paragraphs (4) and (5), respectively; and 

24 (2) by inserting after paragraph (2) the fol25 lowing: 

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1 ‘‘(3)(A) Under the Program, the defense laboratories 

2 and research centers may, through leases, contracts, or other 

3 appropriate arrangements, provide facilities, services, and 

4 equipment to private industry in order to promote acceler5 ated development of critical technologies and technology 

6 transfer initiatives that support the Department of Defense. 

7 ‘‘(B) The facilities, services, and equipment provided 

8 under this paragraph shall be provided on a non-inter9 ference basis. 

10 ‘‘(C) The defense laboratory or research center— 

11 ‘‘(i) shall charge, accept, and retain fees in 

12 amounts necessary to recover the full costs of the fa13 cilities, services, and equipment provided, including 

14 capital improvement costs, utility and service costs, 

15 and equipment depreciation costs; and 

16 ‘‘(ii) may charge, accept, and retain fees for pro17 viding the facilities, services, and equipment. 

18 ‘‘(D) The defense laboratory or research center may ac19 cept payment in cash or in kind for fees charged under sub20 paragraph (C). 

21 ‘‘(E) Fees accepted under subparagraph (C) shall be 

22 credited to the account that was used to cover the costs for 

23 which the payment was provided. Amounts so credited shall 

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1 able for the same purposes, and subject to the same condi2 tions and limitations, as other amounts in that account.’’. 

3 SEC. 233. ARMY VENTURE CAPITAL FUND DEMONSTRATION. 

4 (a) IN GENERAL.—Of the amounts appropriated pur5 suant to the authorization of appropriations in section 

6 201(1) or otherwise made available for research, develop7 ment, test, and evaluation, Army, $10,000,000 is available 

8 for the Army Venture Capital Fund demonstration, to be 

9 used only for investment in renewable energy technologies. 

10 (b) DEFINITION.—For purposes of this section, the 

11 Army Venture Capital Fund demonstration is the program 

12 for which funds were initially provided in section 8150 of 

13 the Department of Defense Appropriations Act, 2002 (divi14 sion A of Public Law 107-117; 115 Stat. 2281), as extended 

15 and revised in section 8105 of Department of Defense Ap16 propriations Act, 2003 (Public Law 107-248; 116 Stat. 

17 1562). 

18 SEC. 234. INDEPENDENT TESTS FOR COMBAT HELMET PAD 

19 SUSPENSION SYSTEMS. 

20 (a) IN GENERAL.—From amounts made available pur21 suant to the authorization of appropriations in section 

22 201(4) for research, development, test, and evaluation, De23 fense-wide, the Secretary of Defense shall carry out a test 

24 and evaluation of combat helmet pad suspension systems. 

25 The test and evaluation shall be carried out using verified 

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1 product representative samples from the five producers of 

2 combat helmet pad suspension systems that are qualified 

3 as of the date of the enactment of this Act. The test and 

4 evaluation shall include an operational assessment of the 

5 pad suspension systems, including a field user evaluation. 

6 (b) INDEPENDENT LABORATORY.—The test and eval7 uation shall be carried out in an objective and transparent 

8 manner by a certified and qualified laboratory that is inde9 pendent of the Federal Government. 

10 (c) REPORT.—Not later than September 30, 2008, the 

11 Secretary shall submit to the congressional defense commit12 tees a report on the results of the test and evaluation. 

13 SEC. 235. REPORT ON IMPLEMENTATION OF MANUFAC14 TURING TECHNOLOGY PROGRAM. 

15 (a) REPORT REQUIRED.—Not later than March 1, 

16 2008, the Secretary of Defense shall submit to the Com17 mittee on Armed Services of the Senate and the Committee 

18 on Armed Services of the House of Representatives a report 

19 on the implementation of the technologies and processes de20 veloped under the Manufacturing Technology Program re21 quired by section 2521 of title 10, United States Code. 

22 (b) ELEMENTS.—The report shall identify each tech23 nology or process implemented and, for each such technology 

24 or process, shall identify— 

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1 (1) the project of the Manufacturing Technology 

2 Program through which the technology or process was 

3 developed, the Federal and non-Federal participants 

4 in that project, and the duration of the project; 

5 (2) the organization or program implementing 

6 the technology or process, and the type of implementa7 tion; 

8 (3) the total Federal funding required to imple9 ment the technology or process, including— 

10 (A) funds provided by military departments 

11 and Defense Agencies under the Manufacturing 

12 Technology Program; 

13 (B) funds provided by the Department of 

14 Defense, or any element of the Department, to co15 develop the technology or process; 

16 (C) to the maximum extent possible, funds 

17 provided by the Department of Defense, or any 

18 element of the Department, to— 

19 (i) mature the technology or process 

20 prior to transition to the Manufacturing 

21 Technology Program; and 

22 (ii) fully implement the technology or 

23 process; 

24 (4) the total value of industry cost share, if ap25 plicable; and 

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1 (5) the total value of cost avoidance or cost sav2 ings directly attributable to the implementation of the 

3 technology or process. 

4 (c) DEFINITION.—For purposes of this section, the 

5 term ‘‘implementation’’ refers to— 

6 (1) the use of a technology or process in the man7 ufacture of defense materiel; 

8 (2) the identification of a technology or process 

9 in the manufacturing baseline for a program of 

10 record that has not yet achieved full rate production; 

11 or 

12 (3) the use of a technology or process for the 

13 manufacture of commercial items. 

14 (d) SCOPE.—The report shall include technologies or 

15 processes developed with funds appropriated or otherwise 

16 made available for Manufacturing Technology for fiscal 

17 years 2002 through 2007. 

18 SEC. 236. ASSESSMENT OF SUFFICIENCY OF TEST AND 

19 EVALUATION PERSONNEL. 

20 (a) ASSESSMENT REQUIRED.—The Director of Oper21 ational Test and Evaluation shall assess whether the Direc22 tor’s professional staff meets the requirement of section 

23 139(j) of title 10, United States Code, that the staff be suffi24 cient to carry out the Director’s duties and responsibilities. 

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1 (b) INCLUSION IN REPORT.—The Director shall in2 clude the results of the assessment in the report, required 

3 by section 139(g) of title 10, United States Code, summa4 rizing the operational test and evaluation activities during 

5 fiscal year 2007. 

6 SEC. 237. REPEAL OF REQUIREMENT FOR SEPARATE RE7 PORTS ON TECHNOLOGY AREA REVIEW AND 

8 ASSESSMENT SUMMARIES. 

9 Subsection (c) of section 253 of the National Defense 

10 Authorization Act for Fiscal Year 2006 (Public Law 109- 

11 163; 119 Stat. 3179; 10 U.S.C. 2501 note) is repealed. 

12 TITLE III—OPERATION AND 

13 MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense Programs. 

Subtitle B—Environmental Provisions 

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

connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

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

connection with Arctic Surplus Superfund Site, Fairbanks, 

Alaska. 

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

connection with Jackson Park Housing Complex, Washington. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Increase in threshold amount for contracts for procurement of capital 

assets in advance of availability of working-capital funds for the 

procurement. 

Sec. 322. Authorization of availability of working-capital funds for certain product improvements. 

Sec. 323. Authorization of use of working-capital funds for acquisition of certain 

items. 

Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. 

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Sec. 325. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 326. Guidelines on insourcing new and contracted out functions. 

Sec. 327. Additional requirements for annual report on public-private competitions. 

Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A-76. 

Sec. 330. Public-private competition required before conversion to contractor performance. 

Sec. 331. Reauthorization and modification of multi-trades demonstration 

project. 

Subtitle D—Extension of Program Authorities 

Sec. 341. Extension of Arsenal Support Program Initiative. 

Sec. 342. Extension of period for reimbursement for helmet pads purchased by 

members of the Armed Forces deployed in contingency operations. 

Subtitle E—Reports 

Sec. 351. Inclusion of National Guard readiness for civil support missions in 

quarterly personnel and unit readiness report. 

Sec. 352. Plan to improve readiness of active and reserve component ground 

forces. 

Sec. 353. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. 

Sec. 354. Independent assessment of Civil Reserve Air Fleet viability. 

Sec. 355. Annual report on prepositioned materiel and equipment. 

Sec. 356. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to 

Peterson Air Force Base. 

Sec. 357. Report on public-private partnerships. 

Subtitle F—Other Matters 

Sec. 361. Authority for Department of Defense to provide support for certain 

sporting events. 

Sec. 362. Reasonable restrictions on payment of full replacement value for lost or 

damaged personal property transported at Government expense. 

Sec. 363. Priority transportation on Department of Defense aircraft of retired 

members residing in Commonwealths and possessions of the 

United States for certain health care services. 

Sec. 364. Recovery of missing military property. 

Sec. 365. Retention of Army combat uniforms by members of Army deployed in 

support of contingency operations. 

Sec. 366. Issue of serviceable material other than to Armed Forces. 

Sec. 367. Prohibition on deactivation of 36th Rescue Flight. 

Sec. 368. Limitation on expenditure of funds for initial flight screening at Pueblo 

Memorial Airport. 

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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2008 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for ex7 penses, not otherwise provided for, for operation and main8 tenance, in amounts as follows: 

9 (1) For the Army, $28,868,671,000. 

10 (2) For the Navy, $33,138,090,000. 

11 (3) For the Marine Corps, $4,923,993,000. 

12 (4) For the Air Force, $33,393,333,000. 

13 (5) For Defense-wide activities, $22,732,978,000. 

14 (6) For the Army Reserve, $2,508,062,000. 

15 (7) For the Naval Reserve, $1,182,883,000. 

16 (8) For the Marine Corps Reserve, $208,637,000. 

17 (9) For the Air Force Reserve, $2,692,077,000. 

18 (10) For the Army National Guard, 

19 $5,845,809,000. 

20 (11) For the Air National Guard, 

21 $5,044,365,000. 

22 (12) For the United States Court of Appeals for 

23 the Armed Forces, $11,971,000. 

24 (13) For Environmental Restoration, Army, 

25 $434,879,000. 

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1 (14) For Environmental Restoration, Navy, 

2 $300,591,000. 

3 (15) For Environmental Restoration, Air Force, 

4 $458,428,000. 

5 (16) For Environmental Restoration, Defense6 wide, $12,751,000. 

7 (17) For Environmental Restoration, Formerly 

8 Used Defense Sites, $250,249,000. 

9 (18) For Overseas Humanitarian, Disaster, and 

10 Civic Aid programs, $103,300,000. 

11 (19) For Cooperative Threat Reduction pro12 grams, $398,000,000. 

13 (20) For the Overseas Contingency Operations 

14 Transfer Fund, $5,000,000. 

15 SEC. 302. WORKING CAPITAL FUNDS. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2008 for the use of the Armed Forces and other 

18 activities and agencies of the Department of Defense for 

19 providing capital for working capital and revolving funds 

20 in amounts as follows: 

21 (1) For the Defense Working Capital Funds, 

22 $102,000,000. 

23 (2) For the National Defense Sealift Fund, 

24 $1,535,194,000. 

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1 (3) For the Defense Working Capital Fund, De2 fense Commissary, $1,250,000,000. 

3 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

4 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

5 authorized to be appropriated for the Department of Defense 

6 for fiscal year 2008 for expenses, not otherwise provided for, 

7 for the Defense Health Program, in the amount of 

8 $22,471,047,000, of which— 

9 (1) $21,974,304,000 is for Operation and Main10 tenance; 

11 (2) $134,482,000 is for Research, Development, 

12 Test, and Evaluation; and 

13 (3) $362,261,000 is for Procurement. 

14 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC15 TION, DEFENSE.—(1) Funds are hereby authorized to be ap16 propriated for the Department of Defense for fiscal year 

17 2008 for expenses, not otherwise provided for, for Chemical 

18 Agents and Munitions Destruction, Defense, in the amount 

19 of $1,455,724,000, of which— 

20 (A) $1,162,452,000 is for Operation and Mainte21 nance; 

22 (B) $274,846,000 is for Research, Development, 

23 Test, and Evaluation; and 

24 (C) $18,426,000 is for Procurement. 

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1 (2) Amounts authorized to be appropriated under 

2 paragraph (1) are authorized for— 

3 (A) the destruction of lethal chemical agents and 

4 munitions in accordance with section 1412 of the De5 partment of Defense Authorization Act, 1986 (50 

6 U.S.C. 1521); and 

7 (B) the destruction of chemical warfare materiel 

8 of the United States that is not covered by section 

9 1412 of such Act. 

10 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI11 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

12 appropriated for the Department of Defense for fiscal year 

13 2008 for expenses, not otherwise provided for, for Drug 

14 Interdiction and Counter-Drug Activities, Defense-wide, in 

15 the amount of $936,822,000. 

16 (d) DEFENSE INSPECTOR GENERAL.—Funds are here17 by authorized to be appropriated for the Department of De18 fense for fiscal year 2008 for expenses, not otherwise pro19 vided for, for the Office of the Inspector General of the De20 partment of Defense, in the amount of $215,995,000, of 

21 which— 

22 (1) $214,995,000 is for Operation and Mainte23 nance; and 

24 (2) $1,000,000 is for Procurement. 

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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.—Notwithstanding 

9 section 2215 of title 10, United States Code, the Secretary 

10 of Defense may transfer not more than $91,588.51 to the 

11 Moses Lake Wellfield Superfund Site 10–6J Special Ac12 count for the purpose described in section 315(a)(2) of the 

13 John Warner National Defense Authorization Act for Fiscal 

14 Year 2007 (Public Law 110–364; 120 Stat. 2141). 

15 (b) SOURCE OF FUNDS.—Any payment under sub16 section (a) shall be made using funds authorized to be ap17 propriated by section 301(16) for environmental restora18 tion, defense-wide. 

19 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC20 TION AGENCY FOR CERTAIN COSTS IN CON21 NECTION WITH ARCTIC SURPLUS SUPER22 FUND SITE, FAIRBANKS, ALASKA. 

23 (a) AUTHORITY TO REIMBURSE.—Notwithstanding 

24 section 2215 of title 10, United States Code, the Secretary 

25 of Defense may transfer not more than $186,625.38 to the 

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1 Hazardous Substance Superfund to reimburse the Environ2 mental Protection Agency for costs incurred pursuant to the 

3 agreement known as ‘‘In the Matter of Arctic Surplus 

4 Superfund Site, U.S. EPA Docket Number CERCLA–10– 

5 2003–0114: Administrative Order on Consent for Remedial 

6 Design and Remedial Action’’ and entered into by the De7 partment of Defense and the Environmental Protection 

8 Agency on December 11, 2003. 

9 (b) SOURCE OF FUNDS.—Any payment under sub10 section (a) shall be made using funds authorized to be ap11 propriated by section 301(16) for environmental restora12 tion, defense-wide. 

13 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

14 AGENCY OF STIPULATED PENALTY IN CON15 NECTION WITH JACKSON PARK HOUSING 

16 COMPLEX, WASHINGTON. 

17 (a) PAYMENT REQUIRED.—Notwithstanding section 

18 2215 of title 10, United States Code, the Secretary of the 

19 Navy may transfer not more than $40,000.00 to the Haz20 ardous Substance Superfund to pay a stipulated penalty 

21 assessed by the Environmental Protection Agency on Octo22 ber 25, 2005, against the Jackson Park Housing Complex, 

23 Washington, for the failure of the Department of the Navy 

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1 erable Unit (OU–3T–JPHC) pursuant to a schedule in2 cluded in an agreement entered into by the Department of 

3 the Navy and the Environmental Protection Agency (U.S. 

4 EPA Docket Number CERCLA–10–2005–0023). 

5 (b) SOURCE OF FUNDS.—Any payment under sub6 section (a) shall be made using funds authorized to be ap7 propriated by section 301(14) for environmental restora8 tion, Navy. 

9 Subtitle C—Workplace and Depot 

10 Issues 

11 SEC. 321. INCREASE IN THRESHOLD AMOUNT FOR CON12 TRACTS FOR PROCUREMENT OF CAPITAL AS13 SETS IN ADVANCE OF AVAILABILITY OF 

14 WORKING-CAPITAL FUNDS FOR THE PRO15 CUREMENT. 

16 Section 2208(k)(2) of title 10, United States Code, is 

17 amended by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’. 

18 SEC. 322. AUTHORIZATION OF AVAILABILITY OF WORKING19 CAPITAL FUNDS FOR CERTAIN PRODUCT IM20 PROVEMENTS. 

21 Section 2208 of title 10, United States Code, is amend22 ed by adding at the end the following new subsection: 

23 ‘‘(s) PRODUCT IMPROVEMENT.—(1) An engineering 

24 service, manufacturing effort, developmental testing, or 

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1 ment of a weapon system platform, major end item, compo2 nent of a major end item, or article that is financed by 

3 a working-capital fund may be performed or acquired, if— 

4 ‘‘(A) the combined cost of the engineering serv5 ices, manufacturing efforts, development testings, and 

6 operational test and evaluation efforts for the product 

7 improvements that are financed by the working-cap8 ital fund is less than $15,000,000; 

9 ‘‘(B) the unit cost of the platform, item, compo10 nent, or article is less than $1,000,000; and 

11 ‘‘(C) the product improvement would improve 

12 the reliability and maintainability, extend the useful 

13 life, enhance safety, lower maintenance costs, provide 

14 performance enhancement, or expand the performance 

15 capability of the weapon system platform or major 

16 end item. 

17 ‘‘(2) Funds described in paragraph (1) may be used 

18 in accordance with that paragraph for a commercial or in19 dustrial type function performed as part of a public-private 

20 partnership at the Center of Industrial and Technical Ex21 cellence designated under section 2474 of this title. 

22 ‘‘(3) Each report submitted under subsection (q) for 

23 a working-capital fund shall include a description of any 

24 use of funds described in paragraph (1) that is financed 

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1 ticipated product improvement under subparagraph (C) of 

2 that paragraph.’’. 

3 SEC. 323. AUTHORIZATION OF USE OF WORKING-CAPITAL 

4 FUNDS FOR ACQUISITION OF CERTAIN ITEMS. 

5 Section 2208 of title 10, United States Code, as amend6 ed by section 332, is further amended by adding at the end 

7 the following new subsection: 

8 ‘‘(t) ACQUISITION THRESHOLD FOR WEAPONS SYSTEM

9 MODIFICATION, IMPROVEMENT AND LIFECYCLE EXTEN10 SION.— (1) Any of the following items may be provided 

11 through working-capital funds, if the item has a unit cost 

12 of not more than $500,000: 

13 ‘‘(A) An item that is materiel for supplies or 

14 supply chain management, assemblies, spare or re15 pair parts, modification kits, or any other item of 

16 equipment to provide maintenance, repair, or over17 haul and rework. 

18 ‘‘(B) An item for continuous technology refresh19 ment to provide newer technologies that improve reli20 ability and maintainability, extend the useful life, en21 hance safety, lower maintenance costs, provide per22 formance enhancement, or expand the performance 

23 capability of a weapons system platform. 

24 ‘‘(2) With respect to an item described in paragraph 

25 (1), the Secretary of each military department may increase 

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1 the acquisition threshold under paragraph (1) to an amount 

2 that does not exceed $1,000,000, if the Secretary— 

3 ‘‘(A) determines the increase is necessary to 

4 maintain core logistics capabilities required by sec5 tion 2464 of this title; and 

6 ‘‘(B) not later than 30 days after such an in7 crease, notifies Congress of the increase and the rea8 sons for the increase. 

9 ‘‘(3) An item described in paragraph (1) may be an 

10 item used for a commercial- or industrial-type function per11 formed at a Center of Industrial and Technical Excellence 

12 designated under section 2474 of this title.’’. 

13 SEC. 324. MODIFICATION TO PUBLIC-PRIVATE COMPETI14 TION REQUIREMENTS BEFORE CONVERSION 

15 TO CONTRACTOR PERFORMANCE. 

16 (a) COMPARISON OF RETIREMENT SYSTEM COSTS.— 

17 Section 2461(a)(1) of title 10, United States Code is amend18 ed— 

19 (1) in subparagraph (F), by striking ‘‘and’’ at 

20 the end; 

21 (2) by redesignating subparagraph (G) as sub22 paragraph (H); and 

23 (3) by inserting after subparagraph (F) the fol24 lowing new subparagraph (G): 

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1 ‘‘(G) requires that the contractor shall not receive 

2 an advantage for a proposal that would reduce costs 

3 for the Department of Defense by— 

4 ‘‘(i) not making an employer-sponsored 

5 health insurance plan (or payment that could be 

6 used in lieu of such a plan), health savings ac7 count, or medical savings account, available to 

8 the workers who are to be employed to perform 

9 the function under the contract; 

10 ‘‘(ii) offering to such workers an employer11 sponsored health benefits plan that requires the 

12 employer to contribute less towards the premium 

13 or subscription share than the amount that is 

14 paid by the Department of Defense for health 

15 benefits for civilian employees of the Department 

16 under chapter 89 of title 5; or 

17 ‘‘(iii) offering to such workers a retirement 

18 benefit that, in any year, costs less than the an19 nual retirement cost factor applicable to civilian 

20 employees of the Department of Defense under 

21 chapter 84 of title 5; and’’. 

22 (b) CONFORMING AMENDMENTS.—Such title is further 

23 amended— 

24 (1) by striking section 2467; and 

25 (2) in section 2461— 

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1 (A) by redesignating subsections (b) through 

2 (d) as subsections (c) through (e); and 

3 (B) by inserting after subsection (a) the fol4 lowing new subsection (b): 

5 ‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.— 

6 (1) Each officer or employee of the Department of Defense 

7 responsible for determining under Office of Management 

8 and Budget Circular A-76 whether to convert to contractor 

9 performance any function of the Department of Defense— 

10 ‘‘(A) shall, at least monthly during the develop11 ment and preparation of the performance work state12 ment and the management efficiency study used in 

13 making that determination, consult with civilian em14 ployees who will be affected by that determination 

15 and consider the views of such employees on the devel16 opment and preparation of that statement and that 

17 study; and 

18 ‘‘(B) may consult with such employees on other 

19 matters relating to that determination. 

20 ‘‘(2)(A) In the case of employees represented by a labor 

21 organization accorded exclusive recognition under section 

22 7111 of title 5, consultation with representatives of that 

23 labor organization shall satisfy the consultation require24 ment in paragraph (1). 

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1 ‘‘(B) In the case of employees other than employees re2 ferred to in subparagraph (A), consultation with appro3 priate representatives of those employees shall satisfy the 

4 consultation requirement in paragraph (1). 

5 ‘‘(C) The Secretary of Defense shall prescribe regula6 tions to carry out this subsection. The regulations shall in7 clude provisions for the selection or designation of appro8 priate representatives of employees referred to in paragraph 

9 (2)(B) for purposes of consultation required by paragraph 

10 (1)’’. 

11 (c) TECHNICAL AMENDMENTS.—Section 2461 of such 

12 title, as amended by subsection (a) is further amended— 

13 (1) in subsection (a)(1)— 

14 (A) in subparagraph (B), by inserting after 

15 ‘‘2003’’ the following: ‘‘, or any successor cir16 cular’’; and 

17 (B) in subparagraph (D), by striking ‘‘and 

18 reliability’’ and inserting ‘‘, reliability, and 

19 timeliness’’; and 

20 (2) in subsection (c)(2), as redesignated under 

21 subsection (b)(2), by inserting ‘‘of’’ after ‘‘examina22 tion’’. 

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1 SEC. 325. 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 public-private competition may not be re7 quired under Office of Management and Budget Cir8 cular A-76 or any other provision of law at the end 

9 of the period specified in the performance agreement 

10 for any function of the Department of Defense per11 formed by Department of Defense civilian employ12 ees.’’. 

13 SEC. 326. GUIDELINES ON INSOURCING NEW AND CON14 TRACTED OUT FUNCTIONS. 

15 (a) CODIFICATION AND REVISION OF REQUIREMENT

16 FOR GUIDELINES.— 

17 (1) IN GENERAL.—Chapter 146 of title 10, 

18 United States Code, is amended by inserting after sec19 tion 2462 the following new section: 

20 ‘‘§ 2463. Guidelines for use of civilian employees to 

21 perform Department of Defense functions 

22 ‘‘(a) GUIDELINES REQUIRED.—The Under Secretary 

23 of Defense for Personnel and Readiness shall devise and im24 plement guidelines to ensure that consideration is given to 

25 using, on a regular basis, civilian employees of the Depart26 ment of Defense to perform new functions and functions 

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1 that are performed by contractors and could be performed 

2 by such civilian employees. The Secretary of a military de3 partment may prescribe regulations, if the Secretary deter4 mines such regulations are necessary for implementing such 

5 guidelines within that military department. 

6 ‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNC7 TIONS.—The guidelines implemented under subsection (a) 

8 shall provide for special consideration to be given to using 

9 civilian employees of the Department of Defense to perform 

10 any function that— 

11 ‘‘(1) was performed by a civilian employee of the De12 partment of Defense at any time on or after October 1, 

13 1980; 

14 ‘‘(2) is associated with the performance of an inher15 ently governmental function (as that term is defined in sec16 tion 5 of the Federal Activities Inventory Reform Act of 

17 1998 (31 U.S.C. 501 note)); 

18 ‘‘(3) has been performed by a contractor pursuant to 

19 a contract awarded on a non-competitive basis; or 

20 ‘‘(4) has been performed poorly by a contractor because 

21 of excessive costs or inferior quality, as determined by a 

22 contracting officer. 

23 ‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM COM24 PETITIONS.—No public-private competition may be remstockstill on PROD1PC66 with BILLS

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1 quired under this chapter for any function of the Depart2 ment of Defense that— 

3 ‘‘(1) is associated with the performance of an inher4 ently governmental function; 

5 ‘‘(2) has been performed by a contractor pursuant to 

6 a contract that was awarded on a noncompetitive basis, in7 cluding a contract awarded without the conduct of a public8 private competition under this section; or 

9 ‘‘(3) has been performed poorly by a contractor because 

10 of excessive costs or inferior quality, as determined by a 

11 contracting officer. 

12 ‘‘(d) LIMITATION ON COMPETITIONS FOR NEW AND EX13 PANDED FUNCTIONS.—(1) A public-private competition 

14 may not be conducted under this section for any Depart15 ment of Defense function before— 

16 ‘‘(A) the commencement of the performance by 

17 civilian employees of the Department of Defense of a 

18 new Department of Defense function; 

19 ‘‘(B) the commencement of the performance by 

20 civilian employees of the Department of Defense of 

21 any Department of Defense function pursuant to the 

22 guidelines implemented under subsection (a); 

23 ‘‘(C) the expansion of the scope of any Depart24 ment of Defense function performed by civilian em25 ployees of the Department of Defense. 

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1 ‘‘(2) The Secretary may use the flexible hiring author2 ity available to the Secretary under the National Security 

3 Personnel System, as established pursuant to section 9902 

4 of title 5 to facilitate the performance by civilian employees 

5 of the Department of Defense of functions described in sub6 section (b).’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended by 

9 inserting after the item relating to section 2462 the 

10 following new item: 

‘‘2463. Guidelines for use of civilian employees to perform Department of Defense 

functions.’’. 

11 (3) DEADLINE FOR ISSUANCE OF GUIDELINES.— 

12 (A) DEADLINE.—The Secretary of Defense 

13 shall implement the guidelines required under 

14 section 2463 of title 10, United States Code, as 

15 added by paragraph (1), by not later than 60 

16 days after the date of the enactment of this Act. 

17 (B) MORATORIUM ON COMPETITIONS UNTIL

18 GUIDELINES ARE IMPLEMENTED.—No study or 

19 competition may be begun or announced pursu20 ant to section 2461 of title 10, United States 

21 Code, or otherwise pursuant to Office of Manage22 ment and Budget Circular A-76 relating to the 

23 possible conversion to performance by a con24 tractor of any Department of Defense function 

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1 until the guidelines required under section 2463 

2 of such title, as added by paragraph (1) are im3 plemented. 

4 (b) ESTABLISHMENT OF INVENTORY OF WORK PER5 FORMED BY CONTRACTORS.—Section 115a of title 10, 

6 United States Code is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘and’’ at the end of para9 graph (1); 

10 (B) by striking the period at the end of 

11 paragraph (2) and inserting ‘‘; and’’; 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) the estimated manpower requirements of 

15 each component of the Department of Defense pro16 jected to be met by contractor performance of Depart17 ment of Defense functions and the estimated funding 

18 requirements associated with such contractor perform19 ance for the next fiscal year.’’. 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(i) In each report, the Secretary shall include for each 

23 military department, combatant command, and major de24 fense organization, a separate report describing contractor 

25 performance of Department of Defense functions during the 

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1 preceding fiscal year. Chapter 35 of title 44 shall not apply 

2 to such report. In each such report, the Secretary shall— 

3 ‘‘(1) specify the number of work-year equivalents 

4 performed by contractors in performing functions for 

5 each Department; 

6 ‘‘(2) identify the contracting organization, the 

7 component of the Department of Defense admin8 istering the contract, and the organization whose re9 quirements are being met through the contractor per10 formance of the function, with an explanation in the 

11 event these organizational elements are distinct. 

12 ‘‘(3) identify each organization specified under 

13 paragraph (2) at the unit level of detail, as main14 tained in the Department’s manpower documentation 

15 systems; 

16 ‘‘(4) identify the funding source for the contract 

17 under which the function is performed by appropria18 tion and operating agency, and the associated fund19 ing levels obligated and disbursed for the reported 

20 work-year equivalents; 

21 ‘‘(5) identify the functions and missions per22 formed by the contractor; 

23 ‘‘(6) specify whether the contract for the function 

24 was entered into pursuant to a public-private com25 petition; and 

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1 ‘‘(7) describe the process by which the Depart2 ment of Defense validates the contractor performance 

3 of such functions under section 2463 of this title.’’. 

4 (c) CONFORMING REPEAL.—The National Defense Au5 thorization Act for Fiscal Year 2006 (Public Law 109-163) 

6 is amended by striking section 343. 

7 (d) INSPECTOR GENERAL REPORT.—Not later than 90 

8 days after the date of the enactment of this Act, the Inspec9 tor General of the Department of Defense shall submit to 

10 the congressional defense committees a report on the imple11 mentation of this section and the amendments made by this 

12 section. The report shall contain the assessment of the In13 spector General of whether— 

14 (1) the guidelines required under section 2463(a) 

15 of title 10, United States Code, as added by subsection 

16 (a), have been implemented; 

17 (2) such guidelines, if developed, conform to the 

18 requirements of that section; 

19 (3) a contractor inventory has been established 

20 pursuant to subsections (a)(3) and (i) of section 115a 

21 of such title, as added by subsection (b); 

22 (4) functions for which the performance of which 

23 the Secretary of Defense has entered into a contract 

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1 version to performance by civilian employees of the 

2 Department of Defense; and 

3 (5) performance by civilian employees of the De4 partment of Defense is being considered to the max5 imum extent practicable for all new functions of the 

6 Department of Defense. 

7 SEC. 327. ADDITIONAL REQUIREMENTS FOR ANNUAL RE8 PORT ON PUBLIC-PRIVATE COMPETITIONS. 

9 Paragraph (1) of subsection (b) of section 2462 is 

10 amended by adding at the end the following new para11 graphs: 

12 ‘‘(4) For any function converted to performance 

13 by a contractor, the effect of such conversion on the 

14 quality of the performance of the function. 

15 ‘‘(5) For any function for which a public-private 

16 competition is anticipated during any subsequent fis17 cal year, an assessment of whether any method of 

18 business reform or reengineering other than a public19 private competition, including a decision to consoli20 date, restructure, or reengineer an organization, func21 tion, or activity covered under section 2475 of this 

22 title, could, if implemented in the future, achieve any 

23 anticipated or budgeted savings.’’. 

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1 SEC. 328. RESTRICTION ON OFFICE OF MANAGEMENT AND 

2 BUDGET INFLUENCE OVER DEPARTMENT OF 

3 DEFENSE PUBLIC-PRIVATE COMPETITIONS. 

4 (a) RESTRICTION ON OFFICE OF MANAGEMENT AND

5 BUDGET.—The Office of Management and Budget may not 

6 direct or require the Secretary of Defense or the Secretary 

7 of a military department to prepare for, undertake, con8 tinue, or complete a public-private competition or direct 

9 conversion of a Department of Defense function to perform10 ance by a contractor under Office of Management and 

11 Budget Circular A-76, or any other successor regulation, 

12 directive, or policy. 

13 (b) RESTRICTION ON SECRETARY OF DEFENSE.—The 

14 Secretary of Defense or the Secretary of a military depart15 ment may not prepare for, undertake, continue, or complete 

16 a public-private competition or direct conversion of a De17 partment of Defense function to performance by a con18 tractor under Office of Management and Budget Circular 

19 A-76, or any other successor regulation, directive, or policy 

20 by reason of any direction or requirement provided by the 

21 Office of Management and Budget. 

22 (c) SUSPENSION AND REVIEW OF ONGOING PUBLIC23 PRIVATE COMPETITIONS.— 

24 (1) SUSPENSION.—During the 90-day period 

25 that begins on the date of the enactment of this Act, 

26 the Secretary of Defense shall suspend any review or 

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1 public-private competition pursuant to Office of Man2 agement and Budget Circular A-76 that is being car3 ried out on the date of the enactment of this Act. 

4 (2) REVIEW.—During the 90-day period de5 scribed in paragraph (1), the Secretary of Defense 

6 shall review each suspended review and public-private 

7 competition and shall determine, wholly independ8 ently and without regard to direction, guidance, en9 couragement, or requirement from the Office of Man10 agement and Budget, whether to cancel or continue 

11 each review or public-private competition. 

12 (3) CRITERIA FOR CONTINUATION.—The Sec13 retary of Defense may not continue a review or pub14 lic-private competition pursuant to a determination 

15 under paragraph (2) unless the official responsible for 

16 the performance of the function and the Secretary of 

17 the military department concerned or agency head 

18 submits to the congressional defense committees a cer19 tification that the determination was made wholly 

20 independently and without regard to direction, guid21 ance, encouragement, or requirement from the Office 

22 of Management and Budget and after considering less 

23 costly and controversial alternatives to such review or 

24 public-private competition. 

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1 SEC. 329. BID PROTESTS BY FEDERAL EMPLOYEES IN AC2 TIONS UNDER OFFICE OF MANAGEMENT 

3 BUDGET CIRCULAR A-76. 

4 (a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM5 PETITIONS.—Section 3551(2) of title 31, United States 

6 Code, is amended to read as follows: 

7 ‘‘(2) The term ‘interested party’— 

8 ‘‘(A) with respect to a contract or a solicita9 tion or other request for offers described in para10 graph (1), means an actual or prospective bidder 

11 or offeror whose direct economic interest would 

12 be affected by the award of the contract or by 

13 failure to award the contract; and 

14 ‘‘(B) with respect to a public-private com15 petition conducted under Office of Management 

16 and Budget Circular A-76 with respect to the 

17 performance of an activity or function of a Fed18 eral agency, or a decision to convert a function 

19 performed by Federal employees to private sector 

20 performance without a competition under Office 

21 of Management and Budget Circular A-76, in22 cludes— 

23 ‘‘(i) any official who submitted the 

24 agency tender in such competition; and 

25 ‘‘(ii) any one individual who, for the 

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1 ees engaged in the performance of the activ2 ity or function for which the public-private 

3 competition is conducted in a protest under 

4 this subchapter that relates to such public5 private competition, has been designated as 

6 the agent of the Federal employees by a ma7 jority of such employees.’’. 

8 (b) EXPEDITED ACTION.— 

9 (1) IN GENERAL.—Subchapter V of chapter 35 of 

10 such title is amended by adding at the end the fol11 lowing new section: 

12 ‘‘SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC13 PRIVATE COMPETITIONS. 

14 ‘‘For any protest of a public-private competition con15 ducted under Office of Management and Budget Circular 

16 A-76 with respect to the performance of an activity or func17 tion of a Federal agency, the Comptroller General shall ad18 minister the provisions of this subchapter in the manner 

19 best suited for expediting the final resolution of the protest 

20 and the final action in the public-private competition.’’. 

21 (2) CLERICAL AMENDMENT.—The chapter anal22 ysis at the beginning of such chapter is amended by 

23 inserting after the item relating to section 3556 the 

24 following new item: 

‘‘3557. Expedited action in protests of public-private competitions.’’. 

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1 (b) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 

2 1491(b) of title 28, United States Code, is amended by add3 ing at the end the following new paragraph: 

4 ‘‘(5) If an interested party who is a member of 

5 the private sector commences an action described in 

6 paragraph (1) with respect to a public-private com7 petition conducted under Office of Management and 

8 Budget Circular A-76 regarding the performance of 

9 an activity or function of a Federal agency, or a deci10 sion to convert a function performed by Federal em11 ployees to private sector performance without a com12 petition under Office of Management and Budget Cir13 cular A-76, then an interested party described in sec14 tion 3551(2)(B) of title 31 shall be entitled to inter15 vene in that action.’’. 

16 (c) APPLICABILITY.—Subparagraph (B) of section 

17 3551(2) of title 31, United States Code (as added by sub18 section (a)), and paragraph (5) of section 1491(b) of title 

19 28, United States Code (as added by subsection (c)), shall 

20 apply to— 

21 (1) a protest or civil action that challenges final 

22 selection of the source of performance of an activity 

23 or function of a Federal agency that is made pursu24 ant to a study initiated under Office of Management 

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1 and Budget Circular A-76 on or after January 1, 

2 2004; and 

3 (2) any other protest or civil action that relates 

4 to a public-private competition initiated under Office 

5 of Management and Budget Circular A-76, or to a de6 cision to convert a function performed by Federal em7 ployees to private sector performance without a com8 petition under Office of Management and Budget Cir9 cular A-76, on or after the date of the enactment of 

10 this Act. 

11 SEC. 330. PUBLIC-PRIVATE COMPETITION REQUIRED BE12 FORE CONVERSION TO CONTRACTOR PER13 FORMANCE. 

14 (a) IN GENERAL.—The Office of Federal Procurement 

15 Policy Act (41 U.S.C. 403 et seq.) is amended by adding 

16 at the end the following new section: 

17 ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE18 FORE CONVERSION TO CONTRACTOR PER19 FORMANCE. 

20 ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function 

21 of an executive agency performed by 10 or more agency ci22 vilian employees may not be converted, in whole or in part, 

23 to performance by a contractor unless the conversion is 

24 based on the results of a public-private competition that— 

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1 ‘‘(A) formally compares the cost of performance 

2 of the function by agency civilian employees with the 

3 cost of performance by a contractor; 

4 ‘‘(B) creates an agency tender, including a most 

5 efficient organization plan, in accordance with Office 

6 of Management and Budget Circular A-76, as imple7 mented on May 29, 2003, or any successor circular; 

8 ‘‘(C) includes the issuance of a solicitation; 

9 ‘‘(D) determines whether the submitted offers 

10 meet the needs of the executive agency with respect to 

11 factors other than cost, including quality, reliability, 

12 and timeliness; 

13 ‘‘(E) examines the cost of performance of the 

14 function by agency civilian employees and the cost of 

15 performance of the function by one or more contrac16 tors to demonstrate whether converting to performance 

17 by a contractor will result in savings to the Govern18 ment over the life of the contract, including— 

19 ‘‘(i) the estimated cost to the Government 

20 (based on offers received) for performance of the 

21 function by a contractor; 

22 ‘‘(ii) the estimated cost to the Government 

23 for performance of the function by agency civil24 ian employees; and 

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1 ‘‘(iii) an estimate of all other costs and ex2 penditures that the Government would incur be3 cause of the award of such a contract; 

4 ‘‘(F) requires continued performance of the func5 tion by agency civilian employees unless the difference 

6 in the cost of performance of the function by a con7 tractor compared to the cost of performance of the 

8 function by agency civilian employees would, over all 

9 performance periods required by the solicitation, be 

10 equal to or exceed the lesser of— 

11 ‘‘(i) 10 percent of the personnel-related costs 

12 for performance of that function in the agency 

13 tender; or 

14 ‘‘(ii) $10,000,000; and 

15 ‘‘(G) examines the effect of performance of the 

16 function by a contractor on the agency mission asso17 ciated with the performance of the function. 

18 ‘‘(2) A function that is performed by the executive 

19 agency and is reengineered, reorganized, modernized, up20 graded, expanded, or changed to become more efficient, but 

21 still essentially provides the same service, shall not be con22 sidered a new requirement. 

23 ‘‘(3) In no case may a function being performed by 

24 executive agency personnel be— 

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1 ‘‘(A) modified, reorganized, divided, or in any 

2 way changed for the purpose of exempting the conver3 sion of the function from the requirements of this sec4 tion; or 

5 ‘‘(B) converted to performance by a contractor to 

6 circumvent a civilian personnel ceiling. 

7 ‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) 

8 Each civilian employee of an executive agency responsible 

9 for determining under Office of Management and Budget 

10 Circular A-76 whether to convert to contractor performance 

11 any function of the executive agency— 

12 ‘‘(A) shall, at least monthly during the develop13 ment and preparation of the performance work state14 ment and the management efficiency study used in 

15 making that determination, consult with civilian em16 ployees who will be affected by that determination 

17 and consider the views of such employees on the devel18 opment and preparation of that statement and that 

19 study; and 

20 ‘‘(B) may consult with such employees on other 

21 matters relating to that determination. 

22 ‘‘(2)(A) In the case of employees represented by a labor 

23 organization accorded exclusive recognition under section 

24 7111 of title 5, consultation with representatives of that 

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1 labor organization shall satisfy the consultation require2 ment in paragraph (1). 

3 ‘‘(B) In the case of employees other than employees re4 ferred to in subparagraph (A), consultation with appro5 priate representatives of those employees shall satisfy the 

6 consultation requirement in paragraph (1). 

7 ‘‘(C) The head of each executive agency shall prescribe 

8 regulations to carry out this subsection. The regulations 

9 shall include provisions for the selection or designation of 

10 appropriate representatives of employees referred to in 

11 paragraph (2)(B) for purposes of consultation required by 

12 paragraph (1). 

13 ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before com14 mencing a public-private competition under subsection (a), 

15 the head of an executive agency shall submit to Congress 

16 a report containing the following: 

17 ‘‘(A) The function for which such public-private 

18 competition is to be conducted. 

19 ‘‘(B) The location at which the function is per20 formed by agency civilian employees. 

21 ‘‘(C) The number of agency civilian employee po22 sitions potentially affected. 

23 ‘‘(D) The anticipated length and cost of the pub24 lic-private competition, and a specific identification 

25 of the budgetary line item from which funds will be 

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1 used to cover the cost of the public-private competi2 tion. 

3 ‘‘(E) A certification that a proposed performance 

4 of the function by a contractor is not a result of a 

5 decision by an official of an executive agency to im6 pose predetermined constraints or limitations on such 

7 employees in terms of man years, end strengths, full8 time equivalent positions, or maximum number of 

9 employees. 

10 ‘‘(2) The report required under paragraph (1) shall in11 clude an examination of the potential economic effect of per12 formance of the function by a contractor on— 

13 ‘‘(A) agency civilian employees who would be af14 fected by such a conversion in performance; and 

15 ‘‘(B) the local community and the Government, 

16 if more than 50 agency civilian employees perform 

17 the function. 

18 ‘‘(3)(A) A representative individual or entity at 

19 a facility where a public-private competition is con20 ducted may submit to the head of the executive agency 

21 an objection to the public private competition on the 

22 grounds that the report required by paragraph (1) 

23 has not been submitted or that the certification re24 quired by paragraph (1)(E) is not included in the re25 port submitted as a condition for the public private 

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1 competition. The objection shall be in writing and 

2 shall be submitted within 90 days after the following 

3 date: 

4 ‘‘(i) In the case of a failure to submit the 

5 report when required, the date on which the rep6 resentative individual or an official of the rep7 resentative entity authorized to pose the objection 

8 first knew or should have known of that failure. 

9 ‘‘(ii) In the case of a failure to include the 

10 certification in a submitted report, the date on 

11 which the report was submitted to Congress. 

12 ‘‘(B) If the head of the executive agency deter13 mines that the report required by paragraph (1) was 

14 not submitted or that the required certification was 

15 not included in the submitted report, the function for 

16 which the public-private competition was conducted 

17 for which the objection was submitted may not be the 

18 subject of a solicitation of offers for, or award of, a 

19 contract until, respectively, the report is submitted or 

20 a report containing the certification in full compli21 ance with the certification requirement is submitted. 

22 ‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS

23 AND SERVICES OF THE BLIND AND OTHER SEVERELY

24 HANDICAPPED PERSONS.—This section shall not apply to 

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1 a commercial or industrial type function of an executive 

2 agency that— 

3 ‘‘(1) is included on the procurement list estab4 lished pursuant to section 2 of the Javits-Wagner5 O’Day Act (41 U.S.C. 47); or 

6 ‘‘(2) is planned to be changed to performance by 

7 a qualified nonprofit agency for the blind or by a 

8 qualified nonprofit agency for other severely handi9 capped persons in accordance with that Act. 

10 ‘‘(e) INAPPLICABILITY DURING WAR OR EMER11 GENCY.—The provisions of this section shall not apply dur12 ing war or during a period of national emergency declared 

13 by the President or Congress.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections in 

15 section 1(b) of such Act is amended by adding at the end 

16 the following new item: 

‘‘Sec. 43. Public-private competition required before conversion to contractor performance.’’. 

17 SEC. 331. REAUTHORIZATION AND MODIFICATION OF 

18 MULTI-TRADES DEMONSTRATION PROJECT. 

19 (a) REAUTHORIZATION AND EXPANSION.—Section 338 

20 of the National Defense Authorization Act for Fiscal Year 

21 2004 (10 U.S.C. 5013 note) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘shall’’ and inserting 

24 ‘‘may’’; and 

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1 (B) by striking ‘‘three Naval Aviation De2 pots’’ and inserting ‘‘the Air Force Air Logistics 

3 Centers and the Navy Fleet Readiness Centers’’; 

4 (2) in subsection (b), by striking ‘‘a Naval Avia5 tion Depot’’ and inserting ‘‘an Air Force Air Logis6 tics Center or Navy Fleet Readiness Center’’; 

7 (3) by striking subsection (d) and redesignating 

8 subsections (e) through (g) as subsections (d) through 

9 (f), respectively; 

10 (4) in subsection (d), as so redesignated, by 

11 striking ‘‘2004 through 2006’’ and inserting ‘‘2008 

12 through 2013’’; 

13 (5) in subsection (e), as so redesignated, by strik14 ing ‘‘2007’’ and inserting ‘‘2014’’; and 

15 (6) by amending subsection (f), as so redesig16 nated, to read as follows: 

17 ‘‘(f) ANNUAL GAO REPORT.—By not later than 30 

18 days after the last day of a fiscal year, the Comptroller Gen19 eral shall submit to the congressional defense committees a 

20 report on the demonstration project under this section.’’. 

21 (b) CLERICAL AMENDMENTS.— 

22 (1) HEADING.—The heading for such section is 

23 amended to read as follows: ‘‘AIR FORCE AIR LO24 GISTICS CENTER AND NAVY FLEET READINESS

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1 CENTER MULTI-TRADES DEMONSTRATION

2 PROJECT’’. 

3 (2) TABLE OF CONTENTS.—The items relating to 

4 such section in the table of contents in section 2(b) of 

5 such Act and in the table of contents at the beginning 

6 of title III of such Act are each amended to read as 

7 follows: 

‘‘Sec. 338. Air Force Logistics Center and Navy Fleet Readiness Center multitrades demonstration project.’’. 

8 Subtitle D—Extension of Program 

9 Authorities 

10 SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INI11 TIATIVE. 

12 Section 343 of the Floyd D. Spence National Defense 

13 Authorization Act for Fiscal Year 2001 (Public Law 106– 

14 398; 10 U.S.C. 4551 note) is amended— 

15 (1) in subsection (a), by striking ‘‘2008’’ and in16 serting ‘‘2010’’; and 

17 (2) in subsection (g)(1), by striking ‘‘2008’’ and 

18 inserting ‘‘2010’’. 

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1 SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT 

2 FOR HELMET PADS PURCHASED BY MEMBERS 

3 OF THE ARMED FORCES DEPLOYED IN CON4 TINGENCY OPERATIONS. 

5 (a) EXTENSION.—Section 351 of the Ronald W. 

6 Reagan National Defense Authorization Act for Fiscal Year 

7 2005 (Public Law 108–375; 118 Stat. 1857) is amended— 

8 (1) in subsection (a)(3), by inserting before the 

9 period at the end the following: ‘‘, or in the case of 

10 protective helmet pads purchased by a member from 

11 a qualified vendor for that member’s personal use, on 

12 September 30, 2007’’; 

13 (2) in subsection (c)— 

14 (A) by inserting after ‘‘Armed Forces’’ the 

15 following: ‘‘shall comply with regular Depart16 ment of Defense procedures for the submission of 

17 claims and’’; and 

18 (B) by inserting before the period at the end 

19 the following: ‘‘or one year after the date on 

20 which the purchase of the protective, safety, or 

21 health equipment was made, whichever occurs 

22 last’’; and 

23 (3) in subsection (d), by adding at the end the 

24 following new sentence: ‘‘Subsection (a)(1) shall not 

25 apply in the case of the purchase of protective helmet 

26 pads by or on behalf of a member.’’. 

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1 (b) FUNDING.—Amounts for reimbursements made 

2 under section 351 of the Ronald W. Reagan National De3 fense Authorization Act for Fiscal Year 2005 after the date 

4 of the enactment of this Act shall be derived from supple5 mental appropriations for the Department of Defense for 

6 fiscal year 2008, contingent upon such appropriations 

7 being enacted. 

8 Subtitle E—Reports 

9 SEC. 351. INCLUSION OF NATIONAL GUARD READINESS FOR 

10 CIVIL SUPPORT MISSIONS IN QUARTERLY 

11 PERSONNEL AND UNIT READINESS REPORT. 

12 (a) INCLUSION.—Section 482 of title 10, United States 

13 Code, is amended— 

14 (1) by redesignating subsection (f) as subsection 

15 (h); 

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

17 new subsections (f) and (g): 

18 ‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM

19 CIVIL SUPPORT MISSIONS.—Each report shall also include 

20 an assessment of the readiness of the National Guard to 

21 perform tasks required to support the National Response 

22 Plan for support to civil authorities. 

23 ‘‘(g) AVAILABILITY OF NATIONAL GUARD READINESS

24 INFORMATION TO STATES.—With respect to the information 

25 required to be included in a report under subsection (f) that 

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1 is relevant to the National Guard of a State, the Secretary 

2 of Defense shall make that information available to the Gov3 ernor of the State.’’; and 

4 (3) in subsection (a), by striking ‘‘subsections 

5 (b), (d), and (e)’’ and inserting ‘‘subsections (b), (d), 

6 (e), and (f)’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall apply with respect to a report submitted 

9 after the date of the enactment of this Act. 

10 (c) REPORT TO CONGRESS.—As part of the budget jus11 tification materials submitted to Congress in support of the 

12 President’s budget for fiscal year 2009, the Secretary of De13 fense shall submit to the congressional defense committees 

14 a report on any steps the Secretary has taken to prepare 

15 to implement the requirement under subsection (f) of section 

16 482 of title 10, United States Code, as added by subsection 

17 (a). The report shall include a description of the Secretary’s 

18 plans for assessing the personnel, equipment, and training 

19 readiness of the National Guard, including the standards 

20 and measures that will be applied and mechanisms for 

21 sharing information with State Governors. 

22 SEC. 352. PLAN TO IMPROVE READINESS OF ACTIVE AND 

23 RESERVE COMPONENT GROUND FORCES. 

24 (a) REPORT REQUIRED.—At the same time that the 

25 budget is submitted under section 1105(a) of title 31, 

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1 United States Code, for a fiscal year, the Secretary of De2 fense shall submit to the congressional defense committees 

3 a report on improving the readiness of the active and re4 serve components of the ground forces of the United States 

5 Armed Forces. Each such report shall include— 

6 (1) a summary of the readiness of each reporting 

7 unit of the active and reserve components of the 

8 ground forces and a summary of the readiness of each 

9 major combat unit of each military department by 

10 readiness level, as reflected in the Department of De11 fense status of resources and training system; 

12 (2) an identification of the extent to which the 

13 actual readiness ratings of the active and reserve com14 ponents of the United States Armed Forces have been 

15 upgraded based on the judgment of commanders and 

16 any efforts of the Secretary of Defense to analyze the 

17 trends and implications of such upgrades; 

18 (3) the goals of the Secretary of Defense for man19 aging the readiness of the active and reserve compo20 nents of the ground forces, expressed in terms of the 

21 number of units or percentage of the force that the 

22 Secretary plans to maintain at each level of readi23 ness, and the Secretary’s projected timeframe for 

24 achieving each such goal; 

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1 (4) a prioritized list of items and actions to be 

2 accomplished during the fiscal year during which the 

3 report is submitted and during the fiscal years cov4 ered by the future years defense program that the Sec5 retary of Defense believes are necessary to signifi6 cantly improve the readiness of the active and reserve 

7 components of the ground forces and achieve the goals 

8 and timeframes described in paragraph (3); and 

9 (5) a detailed investment strategy and plan for 

10 each fiscal year covered by the future years defense 

11 program under section 221 of title 10, United States 

12 Code, that outlines the resources required to improve 

13 the readiness of the active and reserve components of 

14 the ground forces, including a description of how each 

15 resource identified in such plan relates to funding re16 quested by the Secretary in the Secretary’s annual 

17 budget, and how each such resource will specifically 

18 enable the Secretary to achieve the readiness goals de19 scribed in paragraph (3) within the projected time20 frames. 

21 (b) COMPTROLLER GENERAL REVIEW.—By not later 

22 than 60 days after the date on which the report is submitted 

23 under subsection (a), the Comptroller General shall review 

24 the report and, as the Comptroller General determines ap25 propriate, submit to the congressional defense committees 

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1 any additional information that the Comptroller General 

2 determines will further inform the congressional defense 

3 committees on issues relating to the readiness of the active 

4 and reserve components of the ground forces of the United 

5 States Armed Forces. 

6 SEC. 353. PLAN FOR OPTIMAL USE OF STRATEGIC PORTS BY 

7 COMMANDER OF SURFACE DISTRIBUTION 

8 AND DEPLOYMENT COMMAND. 

9 By not later than January 30, 2008, the Secretary of 

10 Defense shall develop and implement a plan to optimize the 

11 use of strategic ports by the Surface Distribution and De12 ployment Command. Such plan shall— 

13 (1) address cost effectiveness, manning require14 ments, location, and maximization of utilization of 

15 resources for each strategic port; and 

16 (2) include— 

17 (A) an analysis of how each Surface Dis18 tribution and Deployment Command strategic 

19 port is chosen for the worldwide deployment and 

20 distribution of Department of Defense supplies, 

21 personal property, and personnel; and 

22 (B) provisions for consultation with the 

23 local port authority for any strategic port at 

24 which there is no permanent Surface Distribu25 tion and Deployment Command presence. 

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1 SEC. 354. INDEPENDENT ASSESSMENT OF CIVIL RESERVE 

2 AIR FLEET VIABILITY. 

3 (a) INDEPENDENT ASSESSMENT REQUIRED.—The Sec4 retary of Defense shall provide for an independent assess5 ment of the viability of the Civil Reserve Air Fleet to be 

6 conducted by a federally-funded research and development 

7 center selected by the Secretary. 

8 (b) CONTENTS OF ASSESSMENT.—The assessment re9 quired by subsection (a) shall include each of the following: 

10 (1) An assessment of the Civil Reserve Air Fleet 

11 as of the date of the enactment of this Act, including 

12 an assessment of— 

13 (A) the level of increased use of commercial 

14 assets to fulfill Department of Defense transpor15 tation requirements as a result of the increased 

16 global mobility requirements in response to the 

17 terrorist attacks of September 11, 2001; 

18 (B) the extent of charter air carrier partici19 pation in fulfilling increased Department of De20 fense transportation requirements as a result of 

21 the increased global mobility requirements in re22 sponse to the terrorist attacks of September 11, 

23 2001; 

24 (C) any policy of the Secretary of Defense 

25 to limit the percentage of income a single air 

26 carrier participating in the Civil Reserve Air 

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1 Fleet may earn under contracts with the Sec2 retary during any calendar year and the effects 

3 of such policy on the air carrier industry in 

4 peacetime and during periods during which the 

5 armed forces are deployed in support of a con6 tingency operation for which the Civil Reserve 

7 Air Fleet is not activated; and 

8 (D) any risks to the charter air carrier in9 dustry as a result of the expansion of the indus10 try in response to contingency operations result11 ing in increased demand by the Department of 

12 Defense. 

13 (2) A strategic assessment of the viability of the 

14 Civil Reserve Air Fleet that compares such viability 

15 as of the date of the enactment of this Act with the 

16 projected viability of the Civil Reserve Air Fleet five, 

17 ten, and 15 years after the date of the enactment of 

18 this Act, including for activations at each of stages 1, 

19 2, and 3— 

20 (A) an examination of the requirements of 

21 the Department of Defense for Civil Reserve Air 

22 Fleet for the support of operational and contin23 gency plans, including any anticipated changes 

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1 gistics concepts, and personnel and training re2 quirements; 

3 (B) an assessment of air carrier participa4 tion in the Civil Reserve Air Fleet; and 

5 (C) a comparison between the requirements 

6 of the Department needs described in subpara7 graph (A) and air carrier participation de8 scribed in subparagraph (B). 

9 (3) An examination of any perceived barriers to 

10 Civil Reserve Air Fleet viability, including— 

11 (A) the operational planning system of the 

12 Civil Reserve Air Fleet; 

13 (B) the reward system of the Civil Reserve 

14 Air Fleet; 

15 (C) the long-term affordability of the Avia16 tion War Risk Insurance Program; 

17 (D) the effect on United States air carriers 

18 operating overseas routes during periods of Civil 

19 Reserve Air Fleet Activation; 

20 (E) increased foreign ownership of United 

21 States air carriers; 

22 (F) increased operational costs during acti23 vation as a result of hazardous duty pay, rout24 ing delays, and inefficiencies in cargo handling 

25 by the Department of Defense; 

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1 (G) the effect of policy initiatives by the 

2 Secretary of Transportation to encourage inter3 national code sharing and alliances; and 

4 (H) the effect of limitations imposed by the 

5 Secretary of Defense to limit commercial ship6 ping options for certain routes and package 

7 sizes. 

8 (4) Recommendations for improving the Civil 

9 Reserve Air Fleet program. 

10 (c) SUBMISSION TO CONGRESS.—Upon the completion 

11 of the assessment required under subsection (a) and by not 

12 later than April 1, 2008, the Secretary shall submit to the 

13 congressional defense committees a report on the assessment. 

14 (d) COMPTROLLER GENERAL REPORT.—Not later than 

15 90 days after the report is submitted under subsection (c), 

16 the Comptroller General shall conduct a review of the assess17 ment required under subsection (a). 

18 SEC. 355. ANNUAL REPORT ON PREPOSITIONED MATERIEL 

19 AND EQUIPMENT. 

20 (a) ANNUAL REPORT REQUIRED.—Chapter 131 of title 

21 10, United States Code, is amended by adding at the end 

22 the following new section: 

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1 ‘‘§ 2229a. Annual report on prepositioned materiel 

2 and equipment 

3 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than the 

4 date of the submission of the President’s budget request for 

5 a fiscal year under section 1105 of title 31, the Secretary 

6 of Defense shall submit to the congressional defense commit7 tees a report on the status of the materiel in the 

8 prepositioned stocks as of the end of the fiscal year pre9 ceding the fiscal year during which the report is submitted. 

10 Each report shall be unclassified and may contain a classi11 fied annex. Each report shall include the following informa12 tion: 

13 ‘‘(1) The level of fill for major end items of 

14 equipment and spare parts in each prepositioned set 

15 as of the end of the fiscal year covered by the report. 

16 ‘‘(2) The material condition of equipment in the 

17 prepositioned stocks as of the end of such fiscal year, 

18 rated based on the Department of Defense Status of 

19 Resources and Training system and grouped by cat20 egory or major end item. 

21 ‘‘(3) A list of major end items of equipment 

22 drawn from the prepositioned stocks during such fis23 cal year and a description of how that equipment was 

24 used and whether it was returned to the stocks after 

25 being used. 

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1 ‘‘(4) A timeline for completely reconstituting any 

2 shortfall in the prepositioned stocks. 

3 ‘‘(5) An estimate of the amount of funds required 

4 to completely reconstitute any shortfall in the 

5 prepositioned stocks and a description of the Sec6 retary’s plan for carrying out such complete recon7 stitution. 

8 ‘‘(6) A list of any operations plan affected by 

9 any shortfall in the prepositioned stocks and a de10 scription of any action taken to mitigate any risk 

11 that such a shortfall may create. 

12 ‘‘(b) COMPTROLLER GENERAL REVIEW.—By not later 

13 than 60 days after the date on which the report is submitted 

14 under subsection (a), the Comptroller General shall review 

15 the report and, as the Comptroller General determines ap16 propriate, submit to the congressional defense committees 

17 any additional information that the Comptroller General 

18 determines will further inform the congressional defense on 

19 issues relating to the status of the materiel in the 

20 prepositioned stocks.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of such chapter is amended by adding at the 

23 end the following new item: 

‘‘2229a. Annual report on prepositioned materiel and equipment.’’. 

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1 SEC. 356. CONDITIONS ON RELOCATION OF NORTH AMER2 ICAN AEROSPACE DEFENSE COMMAND CEN3 TER AND RELATED FUNCTIONS FROM CHEY4 ENNE MOUNTAIN TO PETERSON AIR FORCE 

5 BASE. 

6 (a) SUBMISSION OF COST-BENEFIT ANALYSIS AND RE7 LOCATION PLAN.—The Secretary of Defense may not com8 mence the relocation of or, if previously commenced, con9 tinue the relocation of the North American Aerospace De10 fense command center and related functions from Cheyenne 

11 Mountain to Peterson Air Force Base, Colorado, until after 

12 the end of the 180-day period beginning on the date on 

13 which the Secretary submits to Congress a report con14 taining— 

15 (1) an analysis comparing the total costs associ16 ated with the relocation, including costs determined 

17 as part of ongoing security-related studies of the relo18 cation, to anticipated operational benefits from the 

19 relocation; and 

20 (2) the final plans for the relocation of the North 

21 American Aerospace Defense command center and re22 lated functions. 

23 (b) COMPTROLLER GENERAL REVIEW.—Not later than 

24 60 days after the date on which the Secretary of Defense 

25 submits the report required by subsection (a), the Comp26 troller General shall submit to Congress a review of the remstockstill on PROD1PC66 with BILLS

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1 port and the final plans of the Secretary for relocation of 

2 the North American Aerospace Defense command center and 

3 related functions. 

4 SEC. 357. REPORT ON PUBLIC-PRIVATE PARTNERSHIPS. 

5 (a) REPORT REQUIRED.—Not later than April 1, 

6 2008, the Secretary of Defense shall submit to the Com7 mittee on Armed Services of the House of Representatives 

8 and the Committee of Armed Services of the Senate a report 

9 regarding public-private partnerships at Centers of Indus10 trial and Technical Excellence designated under section 

11 2474 of title 10, United States Code. 

12 (b) CONTENTS OF REPORT.—The report required 

13 under paragraph (1) shall include a description of each of 

14 the following: 

15 (1) Common approaches and procedures for the 

16 military departments regarding implementation of 

17 public-private partnerships. 

18 (2) Consistent cost methodologies and reimburse19 ment guidance applicable to maintenance and repair 

20 workload performed by Federal Government per21 sonnel. 

22 (3) Implementation procedures for completing 

23 contract negotiations for public-private partnerships 

24 within 12 months. 

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1 (4) The Secretary’s utilization of commercial 

2 practices to replace existing inventory and component 

3 management, technical publication data, document 

4 management, and equipment maintenance, and cali5 bration requirements of the Department of Defense. 

6 (5) Delegation of Class 2 Design authority based 

7 on commercial practices to maintain the form, fit, 

8 and function of a weapon system platform, major end 

9 item, component of a major end item, or article. 

10 (6) The Secretary’s plan to expand Department 

11 of Defense core capabilities, as defined in section 2464 

12 of such title. 

13 Subtitle F—Other Matters 

14 SEC. 361. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

15 PROVIDE SUPPORT FOR CERTAIN SPORTING 

16 EVENTS. 

17 (a) PROVISION OF SUPPORT.—Section 2564 of title 10, 

18 United States Code, is amended— 

19 (1) in subsection (c), by adding at the end the 

20 following new paragraphs: 

21 ‘‘(4) A sporting event sanctioned by the United 

22 States Olympic Committee through the Paralympic 

23 Military Program. 

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1 ‘‘(5) Any national or international paralympic 

2 sporting event (other than a sporting event described 

3 in paragraph (1) through (4))— 

4 ‘‘(A) that— 

5 ‘‘(i) is held in the United States or 

6 any of its territories or commonwealths; 

7 ‘‘(ii) is governed by the International 

8 Paralympic Committee; and 

9 ‘‘(iii) is sanctioned by the United 

10 States Olympic Committee; and 

11 ‘‘(B) for which participation exceeds 100 

12 amateur athletes.’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(g) FUNDING FOR SUPPORT OF CERTAIN EVENTS.— 

16 (1) Amounts for the provision of support for a sporting 

17 event described in paragraph (4) or (5) of subsection (c) 

18 shall be derived from the Support for International Sport19 ing Competitions, Defense account established by section 

20 5802 of the Omnibus Consolidated Appropriations Act, 

21 1997 (10 U.S.C. 2564 note), notwithstanding any limita22 tion under that section relating to the availability of funds 

23 in such account for the provision of support for inter24 national sporting competitions. 

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1 ‘‘(2) The total amount expended for any fiscal year 

2 to provide support for sporting events described in sub3 section (c)(5) may not exceed $1,000,000.’’. 

4 (b) SOURCE OF FUNDS.—Section 5802 of the Omnibus 

5 Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 

6 note) is amended— 

7 (1) by inserting after ‘‘international sporting 

8 competitions’’ the following: ‘‘and for support of 

9 sporting competitions authorized under section 

10 2564(c)(4) and (5), of title 10, United States Code,’’; 

11 and 

12 (2) by striking ‘‘45 days’’ and inserting ‘‘15 

13 days’’. 

14 SEC. 362. REASONABLE RESTRICTIONS ON PAYMENT OF 

15 FULL REPLACEMENT VALUE FOR LOST OR 

16 DAMAGED PERSONAL PROPERTY TRANS17 PORTED AT GOVERNMENT EXPENSE. 

18 Section 2636a(d) of title 10, United States Code, is 

19 amended by adding at the end the following new sentence: 

20 ‘‘The regulations may include a requirement that a member 

21 of the armed forces or civilian employee comply with rea22 sonable restrictions prescribed by the Secretary in order to 

23 receive the full amount deducted under subsection (b).’’. 

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1 SEC. 363. PRIORITY TRANSPORTATION ON DEPARTMENT OF 

2 DEFENSE AIRCRAFT OF RETIRED MEMBERS 

3 RESIDING IN COMMONWEALTHS AND POSSES4 SIONS OF THE UNITED STATES FOR CERTAIN 

5 HEALTH CARE SERVICES. 

6 (a) AVAILABILITY OF TRANSPORTATION.—Chapter 157 

7 of title 10, United States Code, is amended by inserting 

8 after section 2641a the following new section: 

9 ‘‘§ 2641b. Space-available travel on Department of De10 fense aircraft: retired members residing 

11 in Commonwealths and possessions of the 

12 United States for certain health care serv13 ices 

14 ‘‘(a) PRIORITY TRANSPORTATION.—The Secretary of 

15 Defense shall provide transportation on Department of De16 fense aircraft on a space-available basis for any member 

17 or former member of the uniformed services described in 

18 subsection (b), and a single dependent of the member if 

19 needed to accompany the member, at a priority level in the 

20 same category as the priority level for an unaccompanied 

21 dependent over the age of 18 traveling on environmental 

22 and morale leave. 

23 ‘‘(b) ELIGIBLE MEMBERS AND FORMER MEMBERS.— 

24 A member or former member eligible for priority transport 

25 under subsection (a) is a covered beneficiary under chapter 

26 55 of this title who— 

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1 ‘‘(1) is entitled to retired or retainer pay or, but 

2 for age, would be eligible for retired pay under chap3 ter 1223 of this title; 

4 ‘‘(2) resides in or is located in a Commonwealth 

5 or possession of the United States; and 

6 ‘‘(3) is referred by a primary care physician lo7 cated in that Commonwealth or possession to a spe8 cialty care provider for services to be provided outside 

9 of that Commonwealth or possession. 

10 ‘‘(c) SCOPE OF PRIORITY.—The increased priority for 

11 space-available transportation required by subsection (a) 

12 applies with respect to both— 

13 ‘‘(1) the travel from the Commonwealth or pos14 session of the United States to receive the specialty 

15 care services; and 

16 ‘‘(2) the return travel. 

17 ‘‘(d) DEFINITIONS.—In this section, the term ‘specialty 

18 care provider’ has the meaning given that term in section 

19 1074i(b) of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of such chapter is amended by inserting after 

22 the item relating to section 2641a the following new item: 

‘‘2641b. Space-available travel on Department of Defense aircraft: retired members 

residing in Commonwealths and possessions of the United States 

for certain health care services.’’. 

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1 SEC. 364. RECOVERY OF MISSING MILITARY PROPERTY. 

2 (a) IN GENERAL.—Chapter 165 of title 10, United 

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

4 new sections: 

5 ‘‘§ 2788. Property accountability: regulations 

6 ‘‘The Secretary of a military department may pre7 scribe regulations for the accounting for the property of that 

8 department and the fixing of responsibility for that prop9 erty. 

10 ‘‘§ 2789. Individual equipment: unauthorized disposi11 tion 

12 ‘‘(a) PROHIBITION.—No member of the armed forces 

13 may sell, lend, pledge, barter, or give any clothing, arms, 

14 or equipment furnished to such member by the United 

15 States to any person other than a member of the armed 

16 forces under the jurisdiction of the Secretary of the same 

17 military department as the member to which it is furnished, 

18 or an officer of the United States who is authorized to re19 ceive it. 

20 ‘‘(b) SEIZURE OF IMPROPERLY DISPOSED PROP21 ERTY.—If a member of the armed forces has disposed of 

22 property in violation of subsection (a) and the property is 

23 in the possession of a person who is neither a member of 

24 the armed forces under the jurisdiction of the Secretary of 

25 the same military department as the member who disposed 

26 of the property, nor an officer of the United States who is 

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1 authorized to receive it, that person has no right to or inter2 est in the property, and any civil or military officer of the 

3 United States may seize the property, wherever found. Pos4 session of such property furnished by the United States to 

5 a member of the armed forces by a person who is neither 

6 a member of the armed forces, nor an officer of the United 

7 States, is prima facie evidence that the property has been 

8 disposed of in violation of subsection (a). 

9 ‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an officer 

10 who seizes property under subsection (b) is not authorized 

11 to retain it for the United States, the officer shall deliver 

12 the property to a person who is authorized to retain it.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of such chapter is amended by adding at the 

15 end the following new items: 

‘‘2788. Property accountability: regulations. 

‘‘2789. Individual equipment: unauthorized disposition.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) IN GENERAL.—Such title is further amended 

18 by striking the following sections: 

19 (A) Section 4832. 

20 (B) Section 4836. 

21 (C) Section 9832. 

22 (D) Section 9836. 

23 (2) CLERICAL AMENDMENTS.— 

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1 (A) CHAPTER 453.—The table of sections at 

2 the beginning of chapter 453 of such title is 

3 amended by striking the items relating to sec4 tions 4832 and 4836. 

5 (B) CHAPTER 953.—The table of sections at 

6 the beginning of chapter 953 of such title is 

7 amended by striking the items relating to sec8 tions 9832 and 9836. 

9 SEC. 365. RETENTION OF ARMY COMBAT UNIFORMS BY 

10 MEMBERS OF ARMY DEPLOYED IN SUPPORT 

11 OF CONTINGENCY OPERATIONS. 

12 (a) RETENTION OF COMBAT UNIFORMS.—Chapter 435 

13 of title 10, United States Code, is amended by adding at 

14 the end the following new section: 

15 ‘‘§ 4566. Retention of Army combat uniforms by mem16 bers deployed in support of contingency 

17 operations 

18 ‘‘The Secretary of the Army may authorize a member 

19 of the Army who has been deployed in support of a contin20 gency operation for at least 30 days to retain, after that 

21 member is no longer so deployed, the exterior articles of uni22 form that were issued to that member as part of an Army 

23 combat uniform.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘4566. Retention of Army combat uniforms by members deployed in support of 

contingency operations.’’. 

4 (c) EFFECTIVE DATE.—Section 4566 of title 10, 

5 United States Code, as added by subsection (a), shall apply 

6 with respect to a member of the Army who completes a de7 ployment on or after October 1, 2007. 

8 SEC. 366. ISSUE OF SERVICEABLE MATERIAL OTHER THAN 

9 TO ARMED FORCES. 

10 (a) IN GENERAL.—Part IV of subtitle C of title 10, 

11 United States Code, is amended by adding at the end the 

12 following new chapter: 

13 ‘‘CHAPTER 667—ISSUE OF SERVICEABLE 

14 MATERIAL OTHER THAN TO ARMED 

15 FORCES 

‘‘Sec. 

‘‘7911. Arms, tentage, and equipment: educational institutions not maintaining 

units of R.O.T.C. 

‘‘7912. Rifles and ammunition for target practice: educational institutions having 

corps of midshipmen. 

‘‘7913. Supplies: military instruction camps. 

16 ‘‘§ 7911. Arms, tentage, and equipment: educational 

17 institutions not maintaining units of 

18 R.O.T.C 

19 ‘‘Under such conditions as he may prescribe, the Sec20 retary of the Navy may issue arms, tentage, and equipment 

21 that he considers necessary for proper military training, 

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1 to any educational institution at which no unit of the Re2 serve Officers’ Training Corps is maintained, but which has 

3 a course in military training prescribed by the Secretary 

4 and which has at least 50 physically fit students over 14 

5 years of age. 

6 ‘‘§ 7912. Rifles and ammunition for target practice: 

7 educational institutions having corps of 

8 midshipmen 

9 ‘‘(a) AUTHORITY TO LEND.—The Secretary of the 

10 Navy may lend, without expense to the United States, mag11 azine rifles and appendages that are not of the existing serv12 ice models in use at the time and that are not necessary 

13 for a proper reserve supply, to any educational institution 

14 having a uniformed corps of midshipmen of sufficient num15 ber for target practice. He may also issue 40 rounds of ball 

16 cartridges for each midshipman for each range at which 

17 target practice is held, but not more than 120 rounds each 

18 year for each midshipman participating in target practice. 

19 ‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The insti20 tutions to which property is lent under subsection (a) 

21 shall— 

22 ‘‘(1) use the property for target practice; 

23 ‘‘(2) take proper care of the property; and 

24 ‘‘(3) return the property when required. 

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1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

2 regulations to carry out this section, containing such other 

3 requirements as he considers necessary to safeguard the in4 terests of the United States. 

5 ‘‘§ 7913. Supplies: military instruction camps 

6 ‘‘Under such conditions as he may prescribe, the Sec7 retary of the Navy may issue, to any educational institu8 tion at which an officer of the naval service is detailed as 

9 professor of naval science, such supplies as are necessary 

10 to establish and maintain a camp for the military instruc11 tion of its students. The Secretary shall require a bond in 

12 the value of the property issued under this section, for the 

13 care and safekeeping of that property and except for prop14 erty properly expended, for its return when required.’’. 

15 (b) CLERICAL AMENDMENT.—The table of chapters at 

16 the beginning of subtitle C of such title, and the table of 

17 chapters at the beginning of part IV of such subtitle, are 

18 each amended by inserting after the item relating to chapter 

19 665 the following new item: 

‘‘667. Issue of Serviceable Material Other Than to Armed Forces ............. 7910.’’. 

20 SEC. 367. PROHIBITION ON DEACTIVATION OF 36TH RES21 CUE FLIGHT. 

22 The Secretary of Defense shall ensure that no action 

23 is taken to deactivate the Air Force unit known as the 36th 

24 Rescue Flight that is assigned to Fairchild Air Force Base 

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1 in Spokane, Washington, or to reassign or reorganize any 

2 of the search and rescue capabilities of that unit. 

3 SEC. 368. LIMITATION ON EXPENDITURE OF FUNDS FOR 

4 INITIAL FLIGHT SCREENING AT PUEBLO ME5 MORIAL AIRPORT. 

6 Of the amounts authorized to be appropriated for ini7 tial flight screening at Pueblo Memorial Airport, not more 

8 than 50 percent shall be expended until the Secretary of 

9 the Air Force submits to the congressional defense commit10 tees a certification that the Secretary has developed a plan, 

11 together with the City of Pueblo, Colorado, to meet Air 

12 Force crash, fire, and rescue requirements to support Air 

13 Force flight operations at Pueblo Memorial Airport. 

14 TITLE IV—MILITARY PERSONNEL 

15 AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active 

duty end strengths for fiscal years 2009 and 2010. 

Sec. 404. Increase in authorized strengths for Army officers on active duty in the 

grade of major. 

Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 

grades of lieutenant commander, commander, and captain. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component 

personnel authorized to be on active duty or full-time National 

Guard duty to provide operational support. 

Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 

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Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

Sec. 423. Offsetting transfers from National Defense Stockpile Transaction Fund. 

1 Subtitle A—Active Forces 

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for active duty personnel as of September 30, 

5 2008, as follows: 

6 (1) The Army, 525,400. 

7 (2) The Navy, 329,098. 

8 (3) The Marine Corps, 189,000. 

9 (4) The Air Force, 329,651. 

10 (b) LIMITATION.— 

11 (1) ARMY.—The authorized strength for the 

12 Army provided in paragraph (1) of subsection (a) for 

13 active duty personnel for fiscal year 2008 is subject 

14 to the condition that costs of active duty personnel of 

15 the Army for that fiscal year in excess of 489,400 

16 shall be paid out of funds authorized to be appro17 priated for that fiscal year by section 1514. 

18 (2) MARINE CORPS.—The authorized strength for 

19 the Marine Corps provided in paragraph (3) of sub20 section (a) for active duty personnel for fiscal year 

21 2008 is subject to the condition that costs of active 

22 duty personnel of the Marine Corps for that fiscal 

23 year in excess of 180,000 shall be paid out of funds 

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1 authorized to be appropriated for that fiscal year by 

2 section 1514. 

3 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

4 STRENGTH MINIMUM LEVELS. 

5 Section 691(b) of title 10, United States Code, is 

6 amended by striking paragraphs (1) through (4) and insert7 ing the following new paragraphs: 

8 ‘‘(1) For the Army, 525,400. 

9 ‘‘(2) For the Navy, 329,098. 

10 ‘‘(3) For the Marine Corps, 189,000. 

11 ‘‘(4) For the Air Force, 329,563.’’. 

12 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

13 ARMY AND MARINE CORPS ACTIVE DUTY END 

14 STRENGTHS FOR FISCAL YEARS 2009 AND 

15 2010. 

16 (a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY

17 END STRENGTHS.—For each of fiscal years 2009 and 2010, 

18 the Secretary of Defense may, as the Secretary determines 

19 necessary for the purposes described in subsection (c), estab20 lish the active-duty end strength for the Army at a number 

21 greater than the number otherwise authorized by law up 

22 to the number equal to the fiscal-year 2008 baseline plus 

23 22,000. 

24 (b) MARINE CORPS.—For each of fiscal years 2009 and 

25 2010, the Secretary of Defense may, as the Secretary determstockstill on PROD1PC66 with BILLS

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1 mines necessary for the purposes described in subsection (c), 

2 establish the active-duty end strength for the Marine Corps 

3 at a number greater than the number otherwise authorized 

4 by law up to the number equal to the fiscal-year 2008 base5 line plus 13,000. 

6 (c) PURPOSE OF INCREASES.—The purposes for which 

7 increases may be made in Army and Marine Corps active 

8 duty end strengths under this section are— 

9 (1) to support operational missions; and 

10 (2) to achieve transformational reorganization 

11 objectives, including objectives for increased numbers 

12 of combat brigades and battalions, increased unit 

13 manning, force stabilization and shaping, and rebal14 ancing of the active and reserve component forces. 

15 (d) RELATIONSHIP TO PRESIDENTIAL WAIVER AU16 THORITY.—Nothing in this section shall be construed to 

17 limit the President’s authority under section 123a of title 

18 10, United States Code, to waive any statutory end strength 

19 in a time of war or national emergency. 

20 (e) RELATIONSHIP TO OTHER VARIANCE AUTHOR21 ITY.—The authority under this section is in addition to the 

22 authority to vary authorized end strengths that is provided 

23 in subsections (e) and (f) of section 115 of title 10, United 

24 States Code. 

25 (f) BUDGET TREATMENT.— 

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1 (1) FISCAL YEARS 2009 AND 2010 BUDGETS.—The 

2 budget for the Department of Defense for fiscal years 

3 2009 and 2010 as submitted to Congress shall comply, 

4 with respect to funding, with subsections (c) and (d) 

5 of section 691 of title 10, United States Code. 

6 (2) OTHER INCREASES.—If the Secretary of De7 fense plans to increase the Army or Marine Corps ac8 tive duty end strength for a fiscal year under this sec9 tion, then the budget for the Department of Defense 

10 for that fiscal year as submitted to Congress shall in11 clude the amounts necessary for funding that active 

12 duty end strength in excess of the fiscal year 2008 ac13 tive duty end strength authorized for that service 

14 under section 401. 

15 (g) DEFINITIONS.—In this section: 

16 (1) FISCAL-YEAR 2008 BASELINE.—The term ‘‘fis17 cal-year 2008 baseline’’, with respect to the Army and 

18 Marine Corps, means the active-duty end strength au19 thorized for those services in section 401. 

20 (2) ACTIVE-DUTY END STRENGTH.—In this sub21 section, the term ‘‘active-duty end strength’’ means 

22 the strength for active-duty personnel of one of the 

23 Armed Forces as of the last day of a fiscal year. 

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1 (h) REPEAL OF OTHER DISCRETIONARY AUTHORITY

2 TO TEMPORARILY INCREASE ARMY AND MARINE CORPS AC3 TIVE DUTY END STRENGTHS.— 

4 (1) BASE LAW.—Section 403 of the Ronald W. 

5 Reagan National Defense Authorization Act for Fiscal 

6 Year 2005 (Public Law 108–375; 10 U.S.C. 115 note) 

7 is repealed. 

8 (2) DELAYED AMENDMENT.—Section 403 of the 

9 John Warner National Defense Authorization Act for 

10 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

11 2169) is repealed. 

12 SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR 

13 ARMY OFFICERS ON ACTIVE DUTY IN THE 

14 GRADE OF MAJOR. 

15 The portion of the table in section 523(a)(1) of title 

16 10, United States Code, relating to the Army is amended 

17 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 grade of: 

Major Lieutenant 

Colonel Colonel 

Army: 

20,000 ................................................. 7,768 5,253 1,613 

25,000 ................................................. 8,689 5,642 1,796 

30,000 ................................................. 9,611 6,030 1,980 

35,000 ................................................. 10,532 6,419 2,163 

40,000 ................................................. 11,454 6,807 2,347 

45,000 ................................................. 12,375 7,196 2,530 

50,000 ................................................. 13,297 7,584 2,713 

55,000 ................................................. 14,218 7,973 2,897 

60,000 ................................................. 15,140 8,361 3,080 

65,000 ................................................. 16,061 8,750 3,264 

70,000 ................................................. 16,983 9,138 3,447 

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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 grade of: 

Major Lieutenant 

Colonel Colonel 

75,000 ................................................. 17,903 9,527 3,631 

80,000 ................................................. 18,825 9,915 3,814 

85,000 ................................................. 19,746 10,304 3,997 

90,000 ................................................. 20,668 10,692 4,181 

95,000 ................................................. 21,589 11,081 4,364 

100,000 ............................................... 22,511 11,469 4,548 

110,000 ............................................... 24,354 12,246 4,915 

120,000 ............................................... 26,197 13,023 5,281 

130,000 ............................................... 28,040 13,800 5,648 

170,000 ............................................... 35,412 16,908 7,116’’. 

1 SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR 

2 NAVY OFFICERS ON ACTIVE DUTY IN THE 

3 GRADES OF LIEUTENANT COMMANDER, COM4 MANDER, AND CAPTAIN. 

5 The table in section 523(a)(2) of title 10, United States 

6 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 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 

69,000 ................................................. 14,245 8,352 3,718 

72,000 ................................................. 17,517 9,890 4,467’’. 

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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) END STRENGTH REDUCTIONS.—The end strengths 

16 prescribed by subsection (a) for the Selected Reserve of any 

17 reserve component 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 

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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 (c) END STRENGTH INCREASES.—Whenever units or 

4 individual members of the Selected Reserve of any reserve 

5 component are released from active duty during any fiscal 

6 year, the end strength prescribed for such fiscal year for 

7 the Selected Reserve of such reserve component shall be in8 creased proportionately by the total authorized strengths of 

9 such units and by the total number of such individual mem10 bers. 

11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

12 DUTY IN SUPPORT OF THE RESERVES. 

13 Within the end strengths prescribed in section 411(a), 

14 the reserve components of the Armed Forces are authorized, 

15 as of September 30, 2008, the following number of Reserves 

16 to be serving on full-time active duty or full-time duty, in 

17 the case of members of the National Guard, for the purpose 

18 of organizing, administering, recruiting, instructing, or 

19 training the reserve components: 

20 (1) The Army National Guard of the United 

21 States, 29,240. 

22 (2) The Army Reserve, 15,870. 

23 (3) The Navy Reserve, 11,579. 

24 (4) The Marine Corps Reserve, 2,261. 

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1 (5) The Air National Guard of the United 

2 States, 13,944. 

3 (6) The Air Force Reserve, 2,721. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2008 for the reserve 

8 components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army Reserve, 8,249. 

12 (2) For the Army National Guard of the United 

13 States, 26,502. 

14 (3) For the Air Force Reserve, 9,909. 

15 (4) For the Air National Guard of the United 

16 States, 22,553. 

17 SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.— 

20 (1) NATIONAL GUARD.—Within the limitation 

21 provided in section 10217(c)(2) of title 10, United 

22 States Code, the number of non-dual status techni23 cians employed by the National Guard as of Sep24 tember 30, 2008, may not exceed the following: 

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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2008, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2008, may not exceed 90. 

11 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

12 this section, the term ‘‘non-dual status technician’’ has the 

13 meaning given that term in section 10217(a) of title 10, 

14 United States Code. 

15 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU16 THORIZED TO BE ON ACTIVE DUTY FOR 

17 OPERATIONAL SUPPORT. 

18 During fiscal year 2008, the maximum number of 

19 members of the reserve components of the Armed Forces who 

20 may be serving at any time on full-time operational sup21 port duty under section 115(b) of title 10, United States 

22 Code, is the following: 

23 (1) The Army National Guard of the United 

24 States, 17,000. 

25 (2) The Army Reserve, 13,000. 

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1 (3) The Navy Reserve, 6,200. 

2 (4) The Marine Corps Reserve, 3,000. 

3 (5) The Air National Guard of the United 

4 States, 16,000. 

5 (6) The Air Force Reserve, 14,000. 

6 SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING 

7 FOR CERTAIN RESERVE COMPONENT PER8 SONNEL AUTHORIZED TO BE ON ACTIVE 

9 DUTY OR FULL-TIME NATIONAL GUARD DUTY 

10 TO PROVIDE OPERATIONAL SUPPORT. 

11 (a) REVIEW OF OPERATIONAL SUPPORT MISSIONS

12 PERFORMED BY CERTAIN RESERVE COMPONENT PER13 SONNEL.— 

14 (1) REVIEW REQUIRED.—The Secretary of De15 fense shall conduct a review of the long-term oper16 ational support missions performed by members of the 

17 reserve components authorized under section 115(b) of 

18 title 10 United States Code to be on active duty or 

19 full-time National Guard duty for the purpose of pro20 viding operational support, with the objectives of such 

21 review being— 

22 (A) minimizing the number of reserve com23 ponent members who perform such service for a 

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1 mulatively for 1095 days out of the previous 

2 1460 days; and 

3 (B) determining which long-term oper4 ational support missions being performed by 

5 such members would more appropriately be per6 formed by members of the Armed Forces on ac7 tive duty under other provisions of title 10, 

8 United States Code, or by full-time support per9 sonnel of reserve components. 

10 (2) SUBMISSION OF RESULTS.—Not later than 

11 March 1, 2008, the Secretary shall submit to Congress 

12 the results of the review, including a description of 

13 the adjustments in Department of Defense policy to be 

14 implemented as a result of the review and such rec15 ommendations for changes in statute, as the Secretary 

16 considers to be appropriate. 

17 (b) IMPROVED ACCOUNTING FOR RESERVE COMPO18 NENT PERSONNEL PROVIDING OPERATIONAL SUPPORT.— 

19 Section 115(b) of title 10, United States Code, is amended 

20 by adding at the end the following new paragraph: 

21 ‘‘(4) As part of the budget justification materials sub22 mitted by the Secretary of Defense to Congress in support 

23 of the end strength authorizations required under subpara24 graphs (A) and (B) of subsection (a)(1) for fiscal year 2009 

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1 and each fiscal year thereafter, the Secretary shall provide 

2 the following: 

3 ‘‘(A) The number of members, specified by re4 serve component, authorized under subparagraphs (A) 

5 and (B) of paragraph (1) who were serving on active 

6 duty or full-time National Guard duty for oper7 ational support beyond each of the limits specified 

8 under subparagraphs (A) and (B) of paragraph (2) 

9 at the end of the fiscal year preceding the fiscal year 

10 for which the budget justification materials are sub11 mitted. 

12 ‘‘(B) The number of members, specified by re13 serve component, on active duty for operational sup14 port who, at the end of the fiscal year for which the 

15 budget justification materials are submitted, are pro16 jected to be serving on active duty or full-time Na17 tional Guard duty for operational support beyond 

18 such limits. 

19 ‘‘(C) The number of members, specified by re20 serve component, on active duty or full-time National 

21 Guard duty for operational support who are included 

22 in, and counted against, the end strength authoriza23 tions requested under subparagraphs (A) and (B) of 

24 subsection (a)(1). 

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1 ‘‘(D) A summary of the missions being per2 formed by members identified under subparagraphs 

3 (A) and (B).’’. 

4 SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SE5 LECTED RESERVE END STRENGTHS. 

6 Section 115(f)(3) of title 10, United States Code, is 

7 amended by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 

8 Subtitle C—Authorization of 

9 Appropriations 

10 SEC. 421. MILITARY PERSONNEL. 

11 There is hereby authorized to be appropriated to the 

12 Department of Defense for military personnel for fiscal year 

13 2008 a total of $115,439,889,000. The authorization in the 

14 preceding sentence supersedes any other authorization of 

15 appropriations (definite or indefinite) for such purpose for 

16 fiscal year 2008. 

17 SEC. 422. ARMED FORCES RETIREMENT HOME. 

18 There is authorized to be appropriated for fiscal year 

19 2008 from the Armed Forces Retirement Home Trust Fund 

20 the sum of $61,624,000 for the operation of the Armed 

21 Forces Retirement Home. 

22 SEC. 423. OFFSETTING TRANSFERS FROM NATIONAL DE23 FENSE STOCKPILE TRANSACTION FUND. 

24 Not later than 60 days after the date of the enactment 

25 of this Act, the Secretary of Defense shall transfer 

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1 $150,000,000 from the unobligated balances of the National 

2 Defense Stockpile Transaction Fund to the Miscellaneous 

3 Receipts Fund of the United States Treasury to offset esti4 mated costs arising from section 702 and the amendments 

5 made by such section. 

6 TITLE V—MILITARY PERSONNEL 

7 POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Assignment of officers to designated positions of importance and responsibility. 

Sec. 502. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. 

Sec. 503. Special promotion authority for Navy career military professors. 

Subtitle B—Reserve Component Matters 

Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. 

Sec. 512. Constructive service credit upon original appointment of reserve officers 

in certain health care professions. 

Sec. 513. Maximum period of temporary Federal recognition of person as Army 

National Guard officer or Air Force Reserve officer. 

Sec. 514. Military technicians (dual status) in the Selected Reserve. 

Sec. 515. Working group on reintegration of reserve component members returning from deployment. 

Sec. 516. National Guard yellow ribbon reintegration program. 

Sec. 517. Advance notice to members of reserve components of deployment in support of contingency operations. 

Subtitle C—Education and Training 

Sec. 521. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons 

selected as medical students at Uniformed Services University of 

the Health Sciences. 

Sec. 522. Increase in annual limit on number of ROTC scholarships under Army 

Reserve and Army National Guard program. 

Sec. 523. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 524. National Defense University master’s degree programs. 

Sec. 525. Recodification in title 38, United States Code, of certain educational assistance programs for members of the reserve components. 

Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting 

authorities of certain military universities and educational institutions. 

Sec. 527. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport high schools. 

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Subtitle D—General Service Authorities 

Sec. 531. Authority to reduce required service obligation for initial appointment 

of qualified health professionals as officers in critical specialties. 

Sec. 532. Reenlistment in former enlisted grade after service as an officer. 

Subtitle E—Military Justice and Legal Assistance Matters 

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

legal staff resources. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. 

Sabo, Jr., for acts of valor during the Vietnam War. 

Sec. 552. Authorization and request for award of Medal of Honor to Henry 

Svehla for acts of valor during the Korean War. 

Sec. 553. Authorization and request for award of Medal of Honor to Woodrow W. 

Keeble for acts of valor during the Korean War. 

Sec. 554. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor during the Civil War. 

Sec. 555. Authorization and request for award of Medal of Honor to Private 

George D. Wilson for acts of valor as one of Andrews Raiders 

during the Civil War. 

Sec. 556. Cold War Victory Medal. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 561. Tuition assistance for military dependents in overseas areas where 

schools operated by Defense Dependents’ Education System are 

not reasonably available. 

Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Subtitle H—Other Matters 

Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit 

members of the Armed Forces, dependents, and civilian employees of the Department of Defense. 

Sec. 572. Uniform performance policies for military bands and other musical 

units. 

Sec. 573. Repeal of limitation on number of academies of Department of Defense 

STARBASE Program in a single State. 

Sec. 574. Combat veterans mentoring program for current members of the Armed 

Forces. 

Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of 

the Armed Forces during and following World War II. 

Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. 

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1 Subtitle A—Officer Personnel Policy 

2 SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSI3 TIONS OF IMPORTANCE AND RESPONSI4 BILITY. 

5 (a) CONTINUATION IN GRADE WHILE AWAITING OR6 DERS.—Section 601(b) of title 10, United States Code, is 

7 amended by striking paragraph (4) and inserting the fol8 lowing new paragraph: 

9 ‘‘(4) at the discretion of the Secretary of Defense, 

10 while the officer is awaiting orders after being re11 lieved from the position designated under subsection 

12 (a) or by law to carry one of those grades, but not 

13 for more than 60 days beginning on the day the offi14 cer is relieved from the position, unless, during such 

15 period, the officer is placed under orders to another 

16 position designated under subsection (a) or by law to 

17 carry one of those grades, in which case paragraph 

18 (2) will also apply to the officer.’’. 

19 (b) CONFORMING AMENDMENT REGARDING GENERAL

20 AND FLAG OFFICER CEILINGS.—Section 525(e) of such title 

21 is amended by striking paragraph (2) and inserting the fol22 lowing new paragraph: 

23 ‘‘(2) At the discretion of the Secretary of Defense, 

24 an officer of that armed force who has been relieved 

25 from a position designated under section 601(a) of 

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1 this title or by law to carry one of the grades specified 

2 in such section, but only during the 60-day period be3 ginning on the date on which the assignment of the 

4 officer to the first position is terminated or until the 

5 officer is assigned to a second such position, which6 ever occurs first.’’. 

7 SEC. 502. INCREASE IN YEARS OF COMMISSIONED SERVICE 

8 THRESHOLD FOR DISCHARGE OF PROBA9 TIONARY OFFICERS AND FOR USE OF FORCE 

10 SHAPING AUTHORITY. 

11 (a) ACTIVE-DUTY LIST OFFICERS.— 

12 (1) EXTENDED PROBATIONARY PERIOD.—Para13 graph (1)(A) of section 630 of title 10, United States 

14 Code, is amended by striking ‘‘five years’’ and insert15 ing ‘‘six years’’. 

16 (2) SECTION HEADING.—The heading of such sec17 tion is amended by striking ‘‘five years’’ and in18 serting ‘‘six years’’. 

19 (3) TABLE OF SECTIONS.—The item relating to 

20 such section in the table of sections at the beginning 

21 of subchapter III of chapter 36 of such title is amend22 ed to read as follows: 

‘‘630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first 

lieutenant or lieutenant (junior grade).’’. 

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1 (b) OFFICER FORCE SHAPING AUTHORITY.—Section 

2 647(b)(1) of such title is amended by striking ‘‘5 years’’ 

3 both places it appears and inserting ‘‘six years’’. 

4 (c) RESERVE OFFICERS.— 

5 (1) EXTENDED PROBATIONARY PERIOD.—Sub6 section (a)(1)(A) of section 14503 of such title is 

7 amended by striking ‘‘five years’’ and inserting ‘‘six 

8 years’’. 

9 (2) SECTION HEADING.—The heading of such sec10 tion is amended by striking ‘‘five years’’ and in11 serting ‘‘six years’’. 

12 (3) TABLE OF SECTIONS.—The item relating to 

13 such section in the table of sections at the beginning 

14 of chapter 1407 of such title is amended to read as 

15 follows: 

‘‘14503. Discharge of officers with less than six years of commissioned service or 

found not qualified for promotion to first lieutenant or lieutenant (junior grade).’’. 

16 SEC. 503. SPECIAL PROMOTION AUTHORITY FOR NAVY CA17 REER MILITARY PROFESSORS. 

18 (a) REMOVAL FROM CHAPTER 36 PROMOTION PROC19 ESS.—Paragraph (2) of section 641 of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘(2) The director of admissions, dean, and per22 manent professors at the United States Military 

23 Academy, the registrar, dean, and permanent profes24 sors at the United States Air Force Academy, and 

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1 permanent professors at the United States Naval 

2 Academy.’’. 

3 (b) ESTABLISHMENT OF SPECIAL PROMOTION PROC4 ESS.—Chapter 603 of such title is amended by inserting 

5 after section 6970 the following new section: 

6 ‘‘§ 6970a. Permanent professors: promotion 

7 ‘‘(a) PROMOTION AUTHORITY.—An officer of the Navy 

8 or Marine Corps serving as a permanent professor at the 

9 Naval Academy in the grade of commander or lieutenant 

10 colonel may be recommended for promotion to the grade of 

11 captain or colonel, as the case may be. 

12 ‘‘(b) ELIGIBILITY FOR PROMOTION.—An officer de13 scribed in subsection (a) is not eligible for promotion under 

14 this section until after the date on which the officer com15 pletes six years of service as a permanent professor or career 

16 military professor. 

17 ‘‘(c) ACTUAL PROMOTION.—The promotion of an offi18 cer recommended for promotion under this section is subject 

19 to appointment of the officer to the higher grade by the 

20 President, by and with the advice and consent of the Sen21 ate.’’. 

22 (c) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of such chapter is amended by inserting after 

24 the item relating to section 6970 the following new item: 

‘‘6970a. Permanent professors: promotion.’’. 

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1 Subtitle B—Reserve Component 

2 Matters 

3 SEC. 511. MANDATORY SEPARATION OF RESERVE OFFICERS 

4 IN THE GRADE OF LIEUTENANT GENERAL OR 

5 VICE ADMIRAL AFTER COMPLETION OF 38 

6 YEARS OF COMMISSIONED SERVICE. 

7 (a) MANDATORY SEPARATION.—Section 14508 of title 

8 10, United States Code, is amended— 

9 (1) by redesignating subsections (c), (d), and (e) 

10 as subsections (e), (f), and (g), respectively; and 

11 (2) by inserting after subsection (b) the following 

12 new subsection (c): 

13 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEUTEN14 ANT GENERALS AND VICE ADMIRALS.—Unless retired, 

15 transferred to the Retired Reserve, or discharged at an ear16 lier date, each reserve officer of the Army, Air Force, or 

17 Marine Corps in the grade of lieutenant general and each 

18 reserve officer of the Navy in the grade of vice admiral shall, 

19 30 days after completion of 38 years of commissioned serv20 ice, be separated in accordance with section 14514 of this 

21 title.’’. 

22 (b) CLERICAL AMENDMENTS.—Such section is further 

23 amended— 

24 (1) in subsection (a), by inserting ‘‘FOR BRIGA25 DIER GENERALS AND REAR ADMIRALS (LOWER

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1 HALF)’’ after ‘‘GRADE’’ in the subsection heading; 

2 and 

3 (2) in subsection (b), by inserting ‘‘FOR MAJOR

4 GENERALS AND REAR ADMIRALS’’ after ‘‘GRADE’’ in 

5 the subsection heading. 

6 SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL 

7 APPOINTMENT OF RESERVE OFFICERS IN 

8 CERTAIN HEALTH CARE PROFESSIONS. 

9 (a) INCLUSION OF ADDITIONAL HEALTH CARE PRO10 FESSIONS.—Paragraph (2) of section 12207(b) of title 10, 

11 United States Code, is amended to read as follows: 

12 ‘‘(2)(A) If the Secretary of Defense determines that the 

13 number of officers in a health profession described in sub14 paragraph (B) who are serving in an active status in a 

15 reserve component of the Army, Navy, or Air Force in 

16 grades below major or lieutenant commander is critically 

17 below the number needed in such health profession by such 

18 reserve component in such grades, the Secretary of Defense 

19 may authorize the Secretary of the military department 

20 concerned to credit any person who is receiving an original 

21 appointment as an officer for service in such health profes22 sion with a period of constructive credit in such amount 

23 (in addition to any amount credited such person under 

24 paragraph (1)) as will result in the grade of such person 

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1 being that of captain or, in the case of the Navy Reserve, 

2 lieutenant. 

3 ‘‘(B) The types of health professions referred to in sub4 paragraph (A) include the following: 

5 ‘‘(i) Any health profession performed by officers 

6 in the Medical Corps of the Army or the Navy or by 

7 officers of the Air Force designated as a medical offi8 cer. 

9 ‘‘(ii) Any health profession performed by officers 

10 in the Dental Corps of the Army or the Navy or by 

11 officers of the Air Force designated as a dental officer. 

12 ‘‘(iii) Any health profession performed by officers 

13 in the Medical Service Corps of the Army or the Navy 

14 or by officers of the Air Force designated as a medical 

15 service officer or biomedical sciences officer. 

16 ‘‘(iv) Any health profession performed by officers 

17 in the Army Medical Specialist Corps. 

18 ‘‘(v) Any health profession performed by officers 

19 of the Nurse Corps of the Army or the Navy or by of20 ficers of the Air Force designated as a nurse. 

21 ‘‘(vi) Any health profession performed by officers 

22 in the Veterinary Corps of the Army or by officers 

23 designated as a veterinary officer.’’. 

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1 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

2 such section is amended by striking ‘‘a medical or dental 

3 officer’’ and inserting ‘‘officers covered by paragraph (2)’’. 

4 SEC. 513. MAXIMUM PERIOD OF TEMPORARY FEDERAL REC5 OGNITION OF PERSON AS ARMY NATIONAL 

6 GUARD OFFICER OR AIR FORCE RESERVE OF7 FICER. 

8 Section 308(a) of title 32, United States Code, is 

9 amended in the last sentence by striking ‘‘six months’’ and 

10 inserting ‘‘one year’’. 

11 SEC. 514. MILITARY TECHNICIANS (DUAL STATUS) IN THE 

12 SELECTED RESERVE. 

13 (a) RETENTION OF MILITARY TECHNICIANS WHO

14 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS15 ABILITY.—Section 10216 of title 10, United States Code, 

16 is amended by inserting after subsection (f) the following 

17 new subsection: 

18 ‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO

19 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS20 ABILITY.—(1) Notwithstanding subsection (d) of this section 

21 or subsections (a)(3) and (b) of section 10218 of this title, 

22 if a military technician (dual status) loses such dual status 

23 as the result of a combat-related disability (as defined in 

24 section 1413a of this title), the person may be retained as 

25 a non-dual status technician so long as— 

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1 ‘‘(A) the combat-related disability does not pre2 vent the person from performing the non-dual status 

3 functions or position; and 

4 ‘‘(B) the person, while a non-dual status techni5 cian, is not disqualified from performing the non6 dual status functions or position because of perform7 ance, medical, or other reasons. 

8 ‘‘(2) A person so retained shall be removed not later 

9 than 30 days after becoming eligible for an unreduced an10 nuity and becoming 60 years of age. 

11 ‘‘(3) Persons retained under the authority of this sub12 section do not count against the limitations of section 

13 10217(c) of this title.’’. 

14 (b) TEMPORARY EMPLOYMENT AUTHORITY.—Sub15 section (a) of such section is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(4) The secretary of a military department may tem18 porarily waive the requirements of subsection (a)(1)(B) in 

19 order to fill a military technician (dual status) position 

20 while that position is vacant as a result of the mobilization 

21 of the technician normally assigned to that position under 

22 a call to active duty for a period of more than 30 days 

23 under section 12301, 12302, or 12304 of this title in support 

24 of a contingency operation. In no case may the waiver au25 thority be used in connection with any position for more 

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1 than two years. The Secretary of Defense shall prescribe reg2 ulations to carry out this paragraph.’’. 

3 (c) DEFERRAL OF MANDATORY SEPARATION.—Sub4 section (f) of such section is amended— 

5 (1) by striking ‘‘The Secretary of the Army’’ and 

6 inserting ‘‘(1) The Secretary of the Army and the 

7 Secretary of the Air Force’’; 

8 (2) by striking ‘‘the military technician (dual 

9 status) reaches age 60 and attains eligibility for an 

10 unreduced annuity (as defined in section 10218(c) of 

11 this title).’’ and inserting the following: ‘‘the military 

12 technician (dual status)— 

13 ‘‘(A) reaches age 60 and attains eligibility for an 

14 unreduced annuity; or 

15 ‘‘(B) attains eligibility for an unreduced annu16 ity after age 60, but in no case may the separation 

17 be deferred for more than 30 days after the person 

18 reaches age 62.’’; and 

19 (3) by adding at the end the following new para20 graph: 

21 ‘‘(2) For purposes of this subsection, the determination 

22 of whether a technician is eligible for an unreduced annuity 

23 shall be made in the manner provided by section 10218(d) 

24 of this title.’’. 

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1 SEC. 515. WORKING GROUP ON REINTEGRATION OF RE2 SERVE COMPONENT MEMBERS RETURNING 

3 FROM DEPLOYMENT. 

4 (a) WORKING GROUP REQUIRED.—The Secretary of 

5 Defense shall establish within the Department of Defense a 

6 working group to identify and assess the reintegration needs 

7 of members of the reserve components who return from over8 seas operational deployment. 

9 (b) MEMBERS.—The working group shall consist of 16 

10 members, to be appointed by the Secretary of Defense. The 

11 Secretary shall attempt to achieve a balance of members on 

12 the working group from, at a minimum, the following: 

13 (1) The Department of Defense. 

14 (2) The Department of Veterans Affairs. 

15 (3) One member each from the Army National 

16 Guard of the United States, the Army Reserve, the 

17 Navy Reserve, the Marine Corps Reserve, the Air Na18 tional Guard of the United States, and the Air Force 

19 Reserve. 

20 (4) At least one dependent of a member of the 

21 Army National Guard or Air National Guard who 

22 has been deployed overseas. 

23 (5) At least one dependent of a member of the 

24 Army Reserve, Navy Reserve, Marine Corps Reserve, 

25 or Air Force Reserve who has been deployed overseas. 

26 (6) One State adjutant general. 

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1 (7) Representatives of other Federal agencies and 

2 non-Federal members, as considered appropriate by 

3 the Secretary. 

4 (c) RESPONSIBILITIES.—The working group shall— 

5 (1) identify and assess the needs of members of 

6 the reserve components returning from deployment in 

7 making the transition to civilian life, including mem8 bers who have experienced multiple recent deploy9 ments and members who have been wounded or in10 jured during deployment, and identify and assess the 

11 needs of the families of such members; 

12 (2) develop recommendations on means of im13 proving assistance to such members in meeting the 

14 needs identified in paragraph (1) on their return 

15 from deployment and in meeting the need of their 

16 families identified in paragraph (1); and 

17 (3) assess the current transition and reintegra18 tion programs employed by the reserve components for 

19 members and their families following redeployment. 

20 (d) ELEMENTS OF ASSESSMENT.—The assessment re21 quired by subsection (c)(3) shall include— 

22 (1) a comparison of existing reintegration pro23 grams by service, State, or command; 

24 (2) an analysis of participation of other Federal 

25 agencies in current programs; 

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1 (3) the costs associated with different programs; 

2 (4) identification of best practices from existing 

3 programs; and 

4 (5) a recommended plan for incorporating the 

5 best practices into current reserve component demobi6 lization activities. 

7 (e) CONSULTATION.—In carrying out its responsibil8 ities under subsection (c), the working group shall consult 

9 with the following: 

10 (1) Representatives of organizations that assist 

11 wounded or injured members of the reserve compo12 nents. 

13 (2) Representatives of organizations that assist 

14 family members of members of the reserve components. 

15 (3) Representatives of such other public or pri16 vate organizations and entities as the working group 

17 considers appropriate. 

18 (f) REPORT.— 

19 (1) REPORT REQUIRED.—Not later than 180 

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

21 working group shall submit to the Secretary of De22 fense and Congress a report on its activities under 

23 subsection (c). 

24 (2) ELEMENTS.—The report shall include the fol25 lowing: 

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1 (A) The results of the identifications and 

2 assessments required under subsection (c). 

3 (B) The recommendations developed under 

4 subsection (c)(2), including recommendations re5 garding the following: 

6 (i) The provision of outreach and as7 sistance to members of the reserve compo8 nents returning from deployment and the 

9 provision of outreach and assistance to their 

10 families. 

11 (ii) The improvement of collaboration 

12 between the public and private sectors in 

13 order to ensure the successful transition of 

14 such members and their families upon the 

15 return of such members from deployment. 

16 (3) AVAILABILITY TO PUBLIC.—The Secretary 

17 shall take appropriate actions to make the report 

18 available to the public, including through the internet 

19 web site of the Department of Defense. 

20 SEC. 516. NATIONAL GUARD YELLOW RIBBON REINTEGRA21 TION PROGRAM. 

22 (a) ESTABLISHMENT.—The Secretary of Defense, in 

23 coordination with the Chief of the National Guard Bureau, 

24 shall establish a national combat veteran reintegration pro25 gram to provide National Guard members and their famimstockstill on PROD1PC66 with BILLS

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1 lies with sufficient information, services, referral, and 

2 proactive outreach opportunities throughout the entire de3 ployment cycle. This program shall be known as the Yellow 

4 Ribbon Reintegration Program. The Secretary may also use 

5 funds made available to carry out this section to support 

6 reintegration programs for members of the Army Reserve, 

7 Marine Corps Reserve, Navy Reserve, and Air Force Reserve 

8 and their families. 

9 (b) PURPOSE.—The Yellow Ribbon Reintegration Pro10 gram shall consist of informational events and activities for 

11 reserve component members, their families, and community 

12 members through the four phases of the deployment cycle: 

13 (1) Pre-deployment. 

14 (2) Deployment. 

15 (3) Demobilization. 

16 (4) Post-deployment-reconstitution. 

17 (c) CONSULTATION.—The National Guard Bureau 

18 Chief shall consult with the following parties during estab19 lishment of the program: 

20 (1) The Adjutant General of the Minnesota Na21 tional Guard and officials associated with the State’s 

22 ‘‘Beyond the Yellow Ribbon’’ Reintegration Program, 

23 the Adjutant General of New Hampshire, the Adju24 tant General of Oregon, and the Adjutant General of 

25 Washington. 

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1 (2) Adjutants General of the remaining States 

2 and territories. 

3 (d) ORGANIZATION.— 

4 (1) EXECUTIVE AGENT.—The Secretary shall des5 ignate the National Guard Bureau as the Department 

6 of Defense executive agent for the Yellow Ribbon Re7 integration Program. 

8 (2) ESTABLISHMENT OF THE OFFICE FOR RE9 INTEGRATION PROGRAMS.— 

10 (A) IN GENERAL.—The National Guard Bu11 reau shall establish the Office for Reintegration 

12 Programs within the National Guard Bureau 

13 Joint Staff. This office shall administer all re14 integration programs in coordination with State 

15 National Guard organizations. The office shall be 

16 responsible for coordination with existing Na17 tional Guard family and support programs. The 

18 Directors of the Army National Guard and Air 

19 National Guard may appoint liaison officers to 

20 work with the permanent office staff. The office 

21 shall closely coordinate with the Army National 

22 Guard and Air National Guard Directorates for 

23 Manpower and Personnel with respect to existing 

24 family support structure, mobilization schedules, 

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1 training schedules, training plans and programs, 

2 and any other personnel issues. 

3 (B) ESTABLISHMENT OF A CENTER FOR EX4 CELLENCE IN REINTEGRATION.—The Office for 

5 Reintegration Programs shall establish a Center 

6 for Excellence in Reintegration within the office. 

7 The Center shall collect and analyze ‘‘lessons 

8 learned’’ and suggestions from State National 

9 Guard organizations with existing or developing 

10 reintegration programs. The Center shall also as11 sist in developing training aids and briefing ma12 terials and training representatives from State 

13 National Guard organizations. Representatives 

14 from State National Guard organizations with 

15 successful reintegration programs may augment 

16 the Office staff. 

17 (3) ADVISORY BOARD.— 

18 (A) APPOINTMENT.—The Chief of the Na19 tional Guard Bureau shall appoint an advisory 

20 board to analyze and report areas of success and 

21 areas for necessary improvements. The advisory 

22 board shall include, but is not limited to, the Di23 rector of the Army National Guard, the Director 

24 of the Air National Guard, the Assistant Sec25 retary of Defense for Reserve Affairs, an Adjumstockstill on PROD1PC66 with BILLS

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1 tant General on a rotational basis as determined 

2 by the Chief of the National Guard Bureau, the 

3 Director of the National Guard Bureau Man4 power and Personnel Directorate (J-1), and any 

5 other Department of Defense, Federal Govern6 ment agency, or outside organization as deter7 mined by the Chief of the National Guard Bu8 reau. The members of the advisory board may 

9 designate representatives in their stead. 

10 (B) SCHEDULE.—The advisory board shall 

11 meet on a schedule as determined by the Chief of 

12 the National Guard Bureau. 

13 (C) INITIAL REPORTING REQUIREMENT.— 

14 The advisory board shall issue internal reports 

15 as necessary and shall submit an initial report 

16 to the Committees on Armed Services not later 

17 than 180 days after the end of a one-year period 

18 from establishment of the Office for Reintegra19 tion Programs. This report shall contain— 

20 (i) an evaluation of the reintegration 

21 program’s implementation by State Na22 tional Guard organizations; 

23 (ii) an assessment of any unmet re24 source requirements; 

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1 (iii) an assessment of the reintegration 

2 program’s further inclusion of other reserve 

3 component members and the necessity for 

4 further expansion to incorporate all the re5 serve components; and 

6 (iv) recommendations regarding closer 

7 coordination between the Office of Re8 integration Programs and State National 

9 Guard organizations. 

10 (D) ANNUAL REPORTS.—The advisory 

11 board shall submit annual reports to the Com12 mittees on Armed Services of the Senate and 

13 House of Representatives following the initial re14 port by the first week in March of subsequent 

15 years following the initial report. 

16 (4) STATE DEPLOYMENT CYCLE SUPPORT

17 TEAMS.—The Office for Reintegration Programs shall 

18 employ personnel to administer the Yellow Ribbon 

19 Reintegration Program at the State level. The Chief 

20 of the National Guard Bureau shall assign State De21 ployment Cycle Support Team members based on 

22 State need, geographical dispersion, and military 

23 population. The Office for Reintegration Programs is 

24 encouraged to employ wounded service members and 

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1 returning combat veterans whenever possible. The pri2 mary function of team members shall be— 

3 (A) developing and managing the reintegra4 tion curriculum; 

5 (B) contracting and recruiting for necessary 

6 service providers; and 

7 (C) ensuring that providers’ skills adapt to 

8 the unique military nature of the reintegration 

9 program. 

10 (e) PROGRAM.— 

11 (1) IN GENERAL.—The Office for Reintegration 

12 Programs shall analyze the demographics, placement 

13 of State Family Assistance Centers (FAC), and FAC 

14 resources before a mobilization alert is issued to af15 fected State National Guard organizations. The Office 

16 of Reintegration Programs shall consult with affected 

17 State National Guard organizations following the 

18 issuance of a mobilization alert and implement the 

19 reintegration events in accordance with the Re20 integration Program phase model. 

21 (2) PRE-DEPLOYMENT PHASE.—The pre-deploy22 ment phase shall constitute the time from first notifi23 cation of mobilization until deployment of the mobi24 lized National Guard unit. Events and activities shall 

25 focus on providing education and ensuring the readimstockstill on PROD1PC66 with BILLS

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1 ness of service members, families, and communities 

2 for the rigors of a combat deployment. 

3 (3) DEPLOYMENT PHASE.—The deployment 

4 phase shall constitute the period from deployment of 

5 the mobilized National Guard unit until the unit ar6 rives at a demobilization station inside the conti7 nental United States. Events and services provided 

8 shall focus on the challenges and stress associated 

9 with separation and having a member in a combat 

10 zone. Information sessions shall utilize State National 

11 Guard resources in coordination with the Employer 

12 Support of Guard and Reserve Office, Transition As13 sistance Advisors, and the State Family Programs 

14 Director. 

15 (4) DEMOBILIZATION PHASE.— 

16 (A) IN GENERAL.—The demobilization 

17 phase shall constitute the period from arrival of 

18 the National Guard unit at the demobilization 

19 station until its departure for home station. In 

20 the interest of returning members as soon as pos21 sible to their home stations, reintegration brief22 ings during the demobilization phase shall be 

23 minimized. State Deployment Cycle Support 

24 Teams are encouraged, however, to assist demobi25 lizing members in enrolling in the Department 

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1 of Veterans Affairs system using form 1010EZ 

2 during the Demobilization Phase. State Deploy3 ment Cycle Support Teams may provide other 

4 events from the initial reintegration activity as 

5 determined by the State National Guard organi6 zations. Remaining events shall be conducted 

7 during the post-deployment-reconstitution phase. 

8 (B) INITIAL REINTEGRATION ACTIVITY.— 

9 The purpose of this reintegration program is to 

10 educate service members about the resources that 

11 are available to them and to connect members to 

12 service providers who can assist them in over13 coming the challenges of reintegration 

14 (5) POST-DEPLOYMENT-RECONSTITUTION

15 PHASE.— 

16 (A) IN GENERAL.—The post-deployment-re17 constitution phase shall constitute the period 

18 from arrival at home station until 180 days fol19 lowing demobilization. Activities and services 

20 provided shall focus on reconnecting service 

21 members with their families and communities 

22 and providing resources and information nec23 essary for successful reintegration. Reintegration 

24 events shall begin with elements of the Initial 

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1 Reintegration Activity program that were not 

2 completed during the demobilization phase. 

3 (B) 30-DAY, 60-DAY, AND 90-DAY RE4 INTEGRATION ACTIVITIES.—The State National 

5 Guard organizations shall hold reintegration ac6 tivities at the 30-day, 60-day, and 90-day inter7 val following demobilization. These activities 

8 shall focus on reconnecting service members and 

9 family members with the service providers from 

10 initial reintegration activity to ensure service 

11 members and their families understand what 

12 benefits they are entitled to and what resources 

13 are available to help them overcome the chal14 lenges of reintegration. The reintegration activi15 ties shall also provide a forum for service mem16 bers and families to address negative behaviors 

17 related to combat stress and transition. 

18 (C) SERVICE MEMBER PAY.—Service mem19 bers shall receive appropriate pay for days spent 

20 attending the Reintegration Activities at the 30- 

21 day, 60-day, and 90-day interval. 

22 (D) MONTHLY INDIVIDUAL REINTEGRATION

23 PROGRAM.—The Office for Reintegration Pro24 grams, in coordination with State National 

25 Guard organizations, shall offer a monthly remstockstill on PROD1PC66 with BILLS

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1 integration program for individual service mem2 bers released from active duty or formerly in a 

3 medical hold status. The program shall focus on 

4 the special needs of this service member subset 

5 and the Office for Reintegration Programs shall 

6 develop an appropriate program of services and 

7 information. 

8 SEC. 517. ADVANCE NOTICE TO MEMBERS OF RESERVE 

9 COMPONENTS OF DEPLOYMENT IN SUPPORT 

10 OF CONTINGENCY OPERATIONS. 

11 (a) ADVANCE NOTICE REQUIRED.—The Secretary of 

12 Defense shall ensure that a member of a reserve component 

13 who will be called or ordered to active duty for a period 

14 of more than 30 days in support of a contingency operation 

15 (as defined in section 101(a)(13) of title 10, United States 

16 Code) receives notice in advance of the mobilization date. 

17 At a minimum the notice shall be provided not less than 

18 30 days before the mobilization date, but with a goal of 

19 90 days before the mobilization date. 

20 (b) REDUCTION OR WAIVER OF NOTICE REQUIRE21 MENT.—The Secretary of Defense may waive the require22 ment of subsection (a), or authorize shorter notice than the 

23 minimum specified in such subsection, during a war or na24 tional emergency declared by the President or Congress or 

25 to meet mission requirements. If the waiver or reduction 

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1 is made on account of mission requirements, the Secretary 

2 shall submit to Congress a report detailing the reasons for 

3 the waiver or reduction and the mission requirements at 

4 issue. 

5 Subtitle C—Education and 

6 Training 

7 SEC. 521. REDUCTION OR ELIMINATION OF SERVICE OBLI8 GATION IN AN ARMY RESERVE OR ARMY NA9 TIONAL GUARD TROOP PROGRAM UNIT FOR 

10 CERTAIN PERSONS SELECTED AS MEDICAL 

11 STUDENTS AT UNIFORMED SERVICES UNI12 VERSITY OF THE HEALTH SCIENCES. 

13 Paragraph (3) of section 2107a(b) of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘(3)(A) Subject to subparagraph (C), in the case of a 

16 person described in subparagraph (B), the Secretary may, 

17 at any time and with the consent of the person, modify an 

18 agreement described in paragraph (1)(F) submitted by the 

19 person for the purpose of reducing or eliminating the troop 

20 program unit service obligation specified in the agreement 

21 and to establish, in lieu of that obligation, an active duty 

22 service obligation. 

23 ‘‘(B) Subparagraph (A) applies with respect to the fol24 lowing persons: 

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1 ‘‘(i) A cadet under this section at a military jun2 ior college. 

3 ‘‘(ii) A cadet or former cadet under this section 

4 who is selected under section 2114 of this title to be 

5 a medical student at the Uniformed Services Univer6 sity of the Health Sciences. 

7 ‘‘(iii) A cadet or former cadet under this section 

8 who signs an agreement under section 2122 of this 

9 title for participation in the Armed Forces Health 

10 Professions Scholarship and Financial Assistance 

11 program. 

12 ‘‘(C) The modification of an agreement described in 

13 paragraph (1)(F) may be made only if the Secretary deter14 mines that it is in the best interests of the United States 

15 to do so.’’. 

16 SEC. 522. INCREASE IN ANNUAL LIMIT ON NUMBER OF 

17 ROTC SCHOLARSHIPS UNDER ARMY RESERVE 

18 AND ARMY NATIONAL GUARD PROGRAM. 

19 Subsection (h) of section 2107a of title 10, United 

20 States Code, is amended by striking ‘‘416’’ and inserting 

21 ‘‘424’’. 

22 SEC. 523. REVISIONS TO AUTHORITY TO PAY TUITION FOR 

23 OFF-DUTY TRAINING OR EDUCATION. 

24 (a) INCLUSION OF COAST GUARD.—Section 2007(a) of 

25 title 10, United States Code, is amended by striking ‘‘Submstockstill on PROD1PC66 with BILLS

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1 ject to subsection (b), the Secretary of a military depart2 ment’’ and inserting ‘‘Subject to subsections (b) and (c), 

3 the Secretary concerned’’. 

4 (b) COMMISSIONED OFFICERS ON ACTIVE DUTY.—Sec5 tion 2007(b) of title 10, United States Code, is amended— 

6 (1) in paragraph (1)— 

7 (A) by inserting after ‘‘commissioned officer 

8 on active duty’’ the following: ‘‘(other than a 

9 member of the Ready Reserve)’’; 

10 (B) by striking ‘‘the Secretary of the mili11 tary department concerned’’ and inserting ‘‘the 

12 Secretary concerned’’; and 

13 (C) by striking ‘‘or full-time National 

14 Guard duty’’ both places it appears; and 

15 (2) in paragraph (2)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘the Secretary of the military 

18 department’’ and inserting ‘‘the Secretary con19 cerned’’; 

20 (B) in subparagraph (B), by inserting after 

21 ‘‘active duty service’’ the following: ‘‘for which 

22 the officer was ordered to active duty’’; and 

23 (C) in subparagraph (C), by striking ‘‘Sec24 retary’’ and inserting ‘‘Secretary concerned’’. 

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1 (c) AUTHORITY TO PAY TUITION ASSISTANCE TO MEM2 BERS OF THE READY RESERVE.—Section 2007(c) of title 

3 10, United States Code, is amended to read as follows: 

4 ‘‘(c) In the case of a member of the Ready Reserve, 

5 the following provisions apply: 

6 ‘‘(1) If the member is an officer of the Selected 

7 Reserve, or of the Ready Reserve but not of the Se8 lected Reserve, the Secretary concerned may not pay 

9 charges under subsection (a) unless the officer agrees 

10 to remain a member of the Selected Reserve or of the 

11 Ready Reserve (as applicable) for at least four years 

12 after completion of the education or training for 

13 which the charges are paid. 

14 ‘‘(2) If the member is an enlisted member in the 

15 Selected Reserve, or in the Ready Reserve but not in 

16 the Selected Reserve, the Secretary concerned may 

17 order the member to serve, after completion of the edu18 cation or training for which the charges are paid, in 

19 the Selected Reserve or in the Ready Reserve (as ap20 plicable) for such period of time as the Secretary con21 cerned prescribes, but not for more than four years. 

22 ‘‘(3) In addition, if the member is a member of 

23 the Individual Ready Reserve, the Secretary con24 cerned may not pay charges under subsection (a) un25 less the Secretary concerned, based upon the needs of 

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1 the service and the military skills or specialties of the 

2 member, selects the member for participation under 

3 this section. The Secretary concerned shall designate 

4 the military skills or specialties of members to be eli5 gible for selection under this section.’’. 

6 (d) CONFORMING AMENDMENT.—Section 2007 of title 

7 10, United States Code, is further amended— 

8 (1) by striking subsection (d); and 

9 (2) by redesignating subsections (e) and (f) as 

10 subsections (d) and (e), respectively. 

11 (e) REPAYMENT.—Subsection (e) of such section, as so 

12 redesignated by subsection (d), is amended— 

13 (1) by striking ‘‘an officer’’ and inserting ‘‘a 

14 member’’; 

15 (2) by striking ‘‘subsection (b)’’ and inserting 

16 ‘‘this section’’; 

17 (3) by striking ‘‘of active duty’’; and 

18 (4) by striking ‘‘the officer’’ and inserting ‘‘the 

19 member’’. 

20 (f) REGULATIONS.—Such section is further amended 

21 by adding at the end the following new subsection: 

22 ‘‘(f) This section shall be administered under regula23 tions prescribed by the Secretary of Defense or, with respect 

24 to the Coast Guard when it is not operating as a service 

25 in the Navy, the Secretary of Homeland Security.’’. 

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1 SEC. 524. NATIONAL DEFENSE UNIVERSITY MASTER’S DE2 GREE PROGRAMS. 

3 (a) IN GENERAL.—Section 2163 of title 10, United 

4 States Code, is amended— 

5 (1) by striking the heading and inserting the fol6 lowing: 

7 ‘‘§ 2163. National Defense University: master’s degree 

8 programs’’; 

9 (2) in subsection (a), by inserting after ‘‘master 

10 of science’’ the following: ‘‘or master of arts’’; and 

11 (3) in subsection (b), by adding at the end the 

12 following new paragraph: 

13 ‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY

14 STUDIES.—The degree of master of arts in strategic 

15 security studies, to graduates of the University who 

16 fulfill the requirements of the program at the School 

17 for National Security Executive Education.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of chapter 108 of such title is amended by 

20 striking the item relating to section 2163 and inserting the 

21 following new item: 

‘‘2163. National Defense University: master’s degree programs.’’. 

22 (c) APPLICABILITY TO 2006-2007 GRADUATES.—Para23 graph (4) of section 2163(b) of title 10, United States Code 

24 (as added by subsection (a) of this section), applies to any 

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1 person who becomes a graduate on or after September 6, 

2 2006. 

3 SEC. 525. RECODIFICATION IN TITLE 38, UNITED STATES 

4 CODE, OF CERTAIN EDUCATIONAL ASSIST5 ANCE PROGRAMS FOR MEMBERS OF THE RE6 SERVE COMPONENTS. 

7 (a) IN GENERAL.—Part III of title 38, United States 

8 Code, is amended by inserting after chapter 32 the following 

9 new chapter: 

10 ‘‘CHAPTER 33—EDUCATIONAL ASSISTANCE 

11 FOR MEMBERS OF THE RESERVE COM12 PONENTS 

‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED RESERVE

‘‘Sec. 

‘‘3301. Educational assistance program: establishment; amount. 

‘‘3302. Eligibility for educational assistance. 

‘‘3303. Time limitation for use of entitlement. 

‘‘3304. Termination of assistance. 

‘‘3305. Failure to participate satisfactorily; penalties. 

‘‘3306. Administration of program 

‘‘3307. Reports to Congress. 

‘‘SUBCHAPTER II—RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY

OPERATIONS AND CERTAIN OTHER OPERATIONS

‘‘3321. Purpose. 

‘‘3322. Educational assistance program. 

‘‘3323. Eligibility for educational assistance. 

‘‘3324. Time limitation for use of entitlement. 

‘‘3325. Termination of assistance. 

‘‘3326. Administration of program. 

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1 ‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED 

2 RESERVE 

3 ‘‘§ 3301. Educational assistance program: establish4 ment; amount 

5 ‘‘(a) ESTABLISHMENT.—To encourage membership in 

6 units of the Selected Reserve of the Ready Reserve, the Sec7 retary of Veterans Affairs, shall establish and maintain a 

8 program to provide educational assistance to members of 

9 the Selected Reserve of the Ready Reserve of the Armed 

10 Forces. The Secretary of each military department shall, 

11 under regulations prescribed by the Secretary of Defense, 

12 provide to individuals who meet the eligibility requirements 

13 under section 3302 of this title the opportunity to receive 

14 educational assistance under this subchapter and shall 

15 maintain a program to increase the rate of educational as16 sistance under this subchapter in accordance with sub17 section (i). 

18 ‘‘(b) AMOUNT OF PAYMENT.—(1) Each educational as19 sistance program established under subsection (a) shall pro20 vide for payment by the Secretary of Veterans Affairs of 

21 an educational assistance allowance to each person entitled 

22 to educational assistance under this subchapter who is pur23 suing a program of education. Except as provided in sub24 sections (d) through (f), the educational assistance allow25 ance shall be paid at the rates in effect under the former 

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1 chapter 1606 of title 10, as in effect immediately before the 

2 date of the enactment of the National Defense Authorization 

3 Act for Fiscal Year 2008, as increased under paragraph (3). 

4 ‘‘(2) For each month of less than half-time pursuit of 

5 a program of education, educational assistance under this 

6 subchapter shall be paid at a rate of 25 percent of the 

7 amount payable for a month of full-time pursuit of a pro8 gram of education, except that no payment may be made 

9 to a person for less than half-time pursuit if tuition assist10 ance is otherwise available to the person for such pursuit 

11 from the military department concerned. 

12 ‘‘(3) With respect to any fiscal year, the Secretary 

13 shall provide a percentage increase (rounded to the nearest 

14 dollar) in the rates payable under subparagraphs (A), (B), 

15 and (C) of paragraph (1) equal to the percentage by 

16 which— 

17 ‘‘(A) the Consumer Price Index (all items, 

18 United States city average) for the 12-month period 

19 ending on the June 30 preceding the beginning of the 

20 fiscal year for which the increase is made, exceeds 

21 ‘‘(B) such Consumer Price Index for the 12- 

22 month period preceding the 12-month period described 

23 in subparagraph (A). 

24 ‘‘(c) APPROVED PROGRAMS OF EDUCATION; MAXIMUM

25 MONTHS OF ASSISTANCE.—(1) Educational assistance may 

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1 be provided under this subchapter for pursuit of any pro2 gram of education that is an approved program of edu3 cation for purposes of chapter 30 of this title. 

4 ‘‘(2) Subject to section 3695 of this title, the maximum 

5 number of months of educational assistance that may be 

6 provided to any person under this subchapter is 36 (or the 

7 equivalent thereof in part-time educational assistance). 

8 ‘‘(3)(A) Notwithstanding any other provision of this 

9 subchapter or chapter 36 of this title, any payment of an 

10 educational assistance allowance described in subparagraph 

11 (B) of this paragraph shall not— 

12 ‘‘(i) be charged against the entitlement of any 

13 individual under this subchapter; or 

14 ‘‘(ii) be counted toward the aggregate period for 

15 which section 3695 of this title limits an individual’s 

16 receipt of assistance. 

17 ‘‘(B) The payment of the educational assistance allow18 ance referred to in subparagraph (A) of this paragraph is 

19 the payment of such an allowance to the individual for pur20 suit of a course or courses under this subchapter if the Sec21 retary of Veterans Affairs finds that the individual— 

22 ‘‘(i) had to discontinue such course pursuit as a 

23 result of being ordered to serve on active duty under 

24 section 12301(a), 12301(d), 12301(g), 12302, or 

25 12304 of title 10; and 

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1 ‘‘(ii) failed to receive credit or training time to2 ward completion of the individual’s approved edu3 cational, professional, or vocational objective as a re4 sult of having to discontinue, as described in clause 

5 (i), the individual’s course pursuit. 

6 ‘‘(C) The period for which, by reason of this subsection, 

7 an educational assistance allowance is not charged against 

8 entitlement or counted toward the applicable aggregate pe9 riod under section 3695 of this title shall not exceed the 

10 portion of the period of enrollment in the course or courses 

11 for which the individual failed to receive credit or with re12 spect to which the individual lost training time, as deter13 mined under subparagraph (B)(ii). 

14 ‘‘(d) PROGRAMS OF APPRENTICESHIP.—(1) Except as 

15 provided in paragraph (2), the amount of the monthly edu16 cational assistance allowance payable to a person pursuing 

17 a full-time program of apprenticeship or other on-the-job 

18 training under this subchapter is— 

19 ‘‘(A) for each of the first six months of the per20 son’s pursuit of such program, 75 percent of the 

21 monthly educational assistance allowance otherwise 

22 payable to such person under this subchapter; 

23 ‘‘(B) for each of the second six months of the per24 son’s pursuit of such program, 55 percent of such 

25 monthly educational assistance allowance; and 

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1 ‘‘(C) for each of the months following the first 12 

2 months of the person’s pursuit of such program, 35 

3 percent of such monthly educational assistance allow4 ance. 

5 ‘‘(2) In any month in which any person pursuing a 

6 program of education consisting of a program of appren7 ticeship or other on-the-job training fails to complete 120 

8 hours of training, the amount of the monthly educational 

9 assistance allowance payable under this subchapter to the 

10 person shall be limited to the same proportion of the appli11 cable full-time rate as the number of hours worked during 

12 such month, rounded to the nearest 8 hours, bears to 120 

13 hours. 

14 ‘‘(3)(A) Except as provided in subparagraph (B), for 

15 each month that such person is paid a monthly educational 

16 assistance allowance under this subchapter, the person’s en17 titlement under this subchapter shall be charged at the rate 

18 of— 

19 ‘‘(i) 75 percent of a month in the case of pay20 ments made in accordance with paragraph (1)(A); 

21 ‘‘(ii) 55 percent of a month in the case of pay22 ments made in accordance with paragraph (1)(B); 

23 and 

24 ‘‘(iii) 35 percent of a month in the case of pay25 ments made in accordance with paragraph (1)(C). 

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1 ‘‘(B) Any such charge to the entitlement shall be re2 duced proportionately in accordance with the reduction in 

3 payment under paragraph (2). 

4 ‘‘(e) CORRESPONDENCE COURSES.—(1)(A) The 

5 amount of the educational assistance allowance payable 

6 under this subchapter to a person who enters into an agree7 ment to pursue, and is pursuing, a program of education 

8 exclusively by correspondence is an amount equal to 55 per9 cent of the established charge which the institution requires 

10 nonveterans to pay for the course or courses pursued by such 

11 person. 

12 ‘‘(B) For purposes of subparagraph (A), the term ‘es13 tablished charge’ means the lesser of— 

14 ‘‘(i) the charge for the course or courses deter15 mined on the basis of the lowest extended time pay16 ment plan offered by the institution and approved by 

17 the appropriate State approving agency; or 

18 ‘‘(ii) the actual charge to the person for such 

19 course or courses. 

20 ‘‘(C) Such allowance shall be paid quarterly on a pro 

21 rata basis for the lessons completed by the person and serv22 iced by the institution. 

23 ‘‘(2) In each case in which the amount of educational 

24 assistance is determined under paragraph (1), the period 

25 of entitlement of the person concerned shall be charged with 

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1 one month for each amount equal to the amount of the 

2 monthly rate payable under subsection (b)(1)(A) for the fis3 cal year concerned which is paid to the individual as an 

4 educational assistance allowance. 

5 ‘‘(f) FLIGHT TRAINING.—(1) The Secretary of Veterans 

6 Affairs may approve the pursuit of flight training (in addi7 tion to a course of flight training that may be approved 

8 under section 3680A(b) of this title) by an individual enti9 tled to educational assistance under this subchapter if— 

10 ‘‘(A) such training is generally accepted as nec11 essary for the attainment of a recognized vocational 

12 objective in the field of aviation; 

13 ‘‘(B) the individual possesses a valid private 

14 pilot certificate and meets, on the day the individual 

15 begins a course of flight training, the medical require16 ments necessary for a commercial pilot certificate; 

17 and 

18 ‘‘(C) the flight school courses meet Federal Avia19 tion Administration standards for such courses and 

20 are approved by the Federal Aviation Administration 

21 and the State approving agency. 

22 ‘‘(2) Each individual who is pursuing a program of 

23 education consisting exclusively of flight training approved 

24 as meeting the requirements of paragraph (1) shall be paid 

25 an educational assistance allowance under this subchapter 

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1 in the amount equal to 60 percent of the established charges 

2 for tuition and fees which similarly circumstanced non3 veterans enrolled in the same flight course are required to 

4 pay. 

5 ‘‘(3) No educational assistance allowance may be paid 

6 under this subchapter to an individual for any month dur7 ing which such individual is pursuing a program of edu8 cation consisting exclusively of flight training until the Sec9 retary has received from that individual and the institution 

10 providing such training a certification of the flight training 

11 received by the individual during that month and the tui12 tion and other fees charged for that training. 

13 ‘‘(4) The period of entitlement of an individual pur14 suing a program of education described in paragraph (1) 

15 shall be charged with one month for each amount equal to 

16 the amount of the monthly rate payable under subsection 

17 (b)(1)(A) for the fiscal year concerned which is paid to that 

18 individual as an educational assistance allowance for such 

19 program. 

20 ‘‘(5) The number of solo flying hours for which an in21 dividual may be paid an educational assistance allowance 

22 under this subsection may not exceed the minimum number 

23 of solo flying hours required by the Federal Aviation Ad24 ministration for the flight rating or certification which is 

25 the goal of the individual’s flight training. 

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1 ‘‘(g) INDIVIDUALIZED TUTORIAL ASSISTANCE.—(1)(A) 

2 Subject to subparagraph (B), the Secretary of Veterans Af3 fairs shall approve individualized tutorial assistance for 

4 any person entitled to educational assistance under this 

5 subchapter who— 

6 ‘‘(i) is enrolled in and pursuing a postsec7 ondary course of education on a half-time or 

8 more basis at an educational institution; and 

9 ‘‘(ii) has a deficiency in a subject required 

10 as a part of, or which is prerequisite to, or which 

11 is indispensable to the satisfactory pursuit of, the 

12 program of education. 

13 ‘‘(B) The Secretary of Veterans Affairs shall not ap14 prove individualized tutorial assistance for a person pur15 suing a program of education under this paragraph unless 

16 such assistance is necessary for the person to successfully 

17 complete the program of education. 

18 ‘‘(2)(A) Subject to subparagraph (B), the Secretary of 

19 Veterans Affairs shall pay to a person receiving individual20 ized tutorial assistance pursuant to paragraph (1) a tuto21 rial assistance allowance. The amount of the allowance pay22 able under this paragraph may not exceed $100 for any 

23 month, nor aggregate more than $1,200. The amount of the 

24 allowance paid under this paragraph shall be in addition 

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1 to the amount of educational assistance allowance payable 

2 to a person under this subchapter. 

3 ‘‘(B) A tutorial assistance allowance may not be paid 

4 to a person under this paragraph until the educational in5 stitution at which the person is enrolled certifies that— 

6 ‘‘(i) the individualized tutorial assistance is es7 sential to correct a deficiency of the person in a sub8 ject required as a part of, or which is prerequisite to, 

9 or which is indispensable to the satisfactory pursuit 

10 of, an approved program of education; 

11 ‘‘(ii) the tutor chosen to perform such assistance 

12 is qualified to provide such assistance and is not the 

13 person’s parent, spouse, child (whether or not married 

14 or over eighteen years of age), brother, or sister; and 

15 ‘‘(iii) the charges for such assistance do not ex16 ceed the customary charges for such tutorial assist17 ance. 

18 ‘‘(3)(A) A person’s period of entitlement to educational 

19 assistance under this subchapter shall be charged only with 

20 respect to the amount of tutorial assistance paid to the per21 son under this subsection in excess of $600. 

22 ‘‘(B) A person’s period of entitlement to educational 

23 assistance under this subchapter shall be charged at the rate 

24 of one month for each amount of assistance paid to the indi25 vidual under this section in excess of $600 that is equal 

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1 to the amount of the monthly educational assistance allow2 ance which the person is otherwise eligible to receive for full3 time pursuit of an institutional course under this sub4 chapter. 

5 ‘‘(h) COURSES BEYOND BACCALAUREATE DEGREE.— 

6 A program of education in a course of instruction beyond 

7 the baccalaureate degree level shall be provided under this 

8 subchapter, subject to the availability of appropriations. 

9 ‘‘(i) SPECIAL SKILLS.—(1) In the case of a person who 

10 has a skill or specialty designated by the Secretary of the 

11 military department concerned as a skill or specialty in 

12 which there is a critical shortage of personnel or for which 

13 it is difficult to recruit or, in the case of critical units, re14 tain personnel, the Secretary of the military department 

15 concerned may increase the rate of the educational assist16 ance allowance applicable to that person to such rate in 

17 excess of the rate prescribed under subparagraphs (A) 

18 through (D) of subsection (b)(1) as the Secretary of Defense 

19 considers appropriate, but the amount of any such increase 

20 may not exceed $350 per month. 

21 ‘‘(2) In the case of a person who has a skill or specialty 

22 designated by the Secretary of the military department con23 cerned as a skill or specialty in which there is a critical 

24 shortage of personnel or for which it is difficult to recruit 

25 or, in the case of critical units, retain personnel, who is 

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1 eligible for educational benefits under chapter 30 (other 

2 than section 3012) of this title and who meets the eligibility 

3 criteria specified in subparagraphs (A) and (B) of section 

4 3302(a)(1) of this title, the Secretary of the military depart5 ment concerned may increase the rate of the educational 

6 assistance allowance applicable to that person to such rate 

7 in excess of the rate prescribed under section 3015 of this 

8 title as the Secretary of Defense considers appropriate, but 

9 the amount of any such increase may not exceed $350 per 

10 month. 

11 ‘‘(3) The authority provided by paragraphs (1) and 

12 (2) shall be exercised by the Secretaries of the military de13 partments under regulations prescribed by the Secretary of 

14 Defense. 

15 ‘‘(j) LICENSING AND CERTIFICATION.—(1) Subject to 

16 paragraph (3), the amount of educational assistance pay17 able under this subchapter for a licensing or certification 

18 test described in section 3452(b) of this title is the lesser 

19 of $2,000 or the fee charged for the test. 

20 ‘‘(2) The number of months of entitlement charged in 

21 the case of any individual for such licensing or certification 

22 test is equal to the number (including any fraction) deter23 mined by dividing the total amount of educational assist24 ance paid such individual for such test by the full-time 

25 monthly institutional rate of educational assistance which, 

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1 but for paragraph (1), such individual would otherwise be 

2 paid under subsection (b). 

3 ‘‘(3) In no event shall payment of educational assist4 ance under this subsection for such a test exceed the amount 

5 of the individual’s available entitlement under this sub6 chapter. 

7 ‘‘§ 3302. Eligibility for educational assistance 

8 ‘‘(a) ELIGIBILITY.—A person who— 

9 ‘‘(1) after June 30, 1985— 

10 ‘‘(A) enlists, reenlists, or extends an enlist11 ment as a Reserve for service in the Selected Re12 serve for a period of not less than six years; or 

13 ‘‘(B) is appointed as, or is serving as, a re14 serve officer and agrees to serve in the Selected 

15 Reserve for a period of not less than six years in 

16 addition to any other period of obligated service 

17 in the Selected Reserve to which the person may 

18 be subject; and 

19 ‘‘(2) before applying for benefits under this sec20 tion, has completed the requirements of a secondary 

21 school diploma (or an equivalency certificate); 

22 is entitled to educational assistance under section 3301 of 

23 this title. 

24 ‘‘(b) ACTIVE DUTY FOR TRAINING REQUIRED.—Edu25 cational assistance may not be provided to a member under 

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1 this subchapter until the member has completed the initial 

2 period of active duty for training required of the member. 

3 ‘‘(c) NOTIFICATION.—Each person who becomes enti4 tled to educational assistance under subsection (a) shall at 

5 the time the person becomes so entitled be given a statement 

6 in writing summarizing the provisions of this subchapter 

7 and stating clearly and prominently the substance of sec8 tions 3304 and 3305 of this title as such sections may apply 

9 to the person. At the request of the Secretary of Veterans 

10 Affairs, the Secretary of Defense shall transmit a notice of 

11 entitlement for each such person to that Secretary. 

12 ‘‘(d) BAR FROM DUAL ELIGIBILITY.—A person who 

13 serves in the Selected Reserve may not receive credit for such 

14 service under both the program established by chapter 30 

15 of this title and the program established by this subchapter 

16 but shall elect (in such form and manner as the Secretary 

17 of Veterans Affairs may prescribe) the program to which 

18 such service is to be credited. However, a person may not 

19 receive credit under the program established by this sub20 chapter for service (in any grade) on full-time active duty 

21 or full-time National Guard duty for the purpose of orga22 nizing, administering, recruiting, instructing, or training 

23 the reserve components in a position which is included in 

24 the end strength required to be authorized each year by sec25 tion 115(a)(1)(B) of title 10. 

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1 ‘‘§ 3303. Time limitation for use of entitlement 

2 ‘‘(a) TIME LIMITATION.—Except as provided in sub3 section (b), the period during which a person entitled to 

4 educational assistance under this subchapter may use such 

5 person’s entitlement expires (1) at the end of the 14-year 

6 period beginning on the date on which such person becomes 

7 entitled to such assistance, or (2) on the date the person 

8 is separated from the Selected Reserve, whichever occurs 

9 first. 

10 ‘‘(b) EXCEPTIONS.—(1) In the case of a person— 

11 ‘‘(A) who is separated from the Selected Reserve 

12 because of a disability which was not the result of the 

13 individual’s own willful misconduct incurred on or 

14 after the date on which such person became entitled 

15 to educational assistance under this subchapter; or 

16 ‘‘(B) who, on or after the date on which such 

17 person became entitled to educational assistance 

18 under this subchapter ceases to be a member of the Se19 lected Reserve during the period beginning on October 

20 1, 1991, and ending on December 31, 2001, by reason 

21 of the inactivation of the person’s unit of assignment 

22 or by reason of involuntarily ceasing to be designated 

23 as a member of the Selected Reserve pursuant to sec24 tion 10143(a) of title 10, 

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1 the period for using entitlement prescribed by sub2 section (a) shall be determined without regard to 

3 clause (2) of such subsection. 

4 ‘‘(2) The provisions of section 3031(f) of this title shall 

5 apply to the period of entitlement prescribed by subsection 

6 (a). 

7 ‘‘(3) The provisions of section 3031(d) of this title shall 

8 apply to the period of entitlement prescribed by subsection 

9 (a) in the case of a disability incurred in or aggravated 

10 by service in the Selected Reserve. 

11 ‘‘(4) In the case of a member of the Selected Reserve 

12 of the Ready Reserve who serves on active duty pursuant 

13 to an order to active duty issued under section 12301(a), 

14 12301(d), 12301(g), 12302, or 12304 of title 10— 

15 ‘‘(A) the period of such active duty service plus 

16 four months shall not be considered in determining 

17 the expiration date applicable to such member under 

18 subsection (a); and 

19 ‘‘(B) the member may not be considered to have 

20 been separated from the Selected Reserve for the pur21 poses of clause (2) of such subsection by reason of the 

22 commencement of such active duty service. 

23 ‘‘§ 3304. Termination of assistance 

24 ‘‘Educational assistance may not be provided under 

25 this subchapter— 

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1 ‘‘(1) to a member receiving financial assistance 

2 under section 2107 of title 10 as a member of the Sen3 ior Reserve Officers’ Training Corps program; or 

4 ‘‘(2) to a member who fails to participate satis5 factorily in required training as a member of the Se6 lected Reserve. 

7 ‘‘§ 3305. Failure to participate satisfactorily; penalties 

8 ‘‘(a) PENALTIES.—At the option of the Secretary of the 

9 military department concerned, in consultation with the 

10 Secretary of Veterans Affairs, a member of the Selected Re11 serve of an armed force who does not participate satisfac12 torily in required training as a member of the Selected Re13 serve during a term of enlistment or other period of obli14 gated service that created entitlement of the member to edu15 cational assistance under this subchapter, and during 

16 which the member has received such assistance, may— 

17 ‘‘(1) be ordered to active duty for a period of two 

18 years or the period of obligated service the person has 

19 remaining under section 3302 of this title, whichever 

20 is less; or 

21 ‘‘(2) be subject to repayment requirements pre22 scribed by the Secretary of Veterans Affairs that are 

23 similar to the repayment provisions under section 

24 303a(e) of title 37. 

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1 ‘‘(b) COLLECTION OF FUNDS.—The Secretary of Vet2 erans Affairs shall collect any amount required to be repaid 

3 under subsection (a)(2). 

4 ‘‘(c) EFFECT OF REPAYMENT.—Any repayment under 

5 subsection (a)(2) shall not affect the period of obligation of 

6 a member to serve as a Reserve in the Selected Reserve. 

7 ‘‘§ 3306. Administration of program 

8 ‘‘(a) PAYMENTS.—(1) Except as provided under para9 graph (2), payments for educational assistance under this 

10 subchapter shall be made from funds appropriated or other11 wise made available to the Department of Veterans Affairs 

12 for fiscal year 2009 or any subsequent fiscal year for the 

13 payment of readjustment benefits. 

14 ‘‘(2) Payments for increases in rates of educational as15 sistance under section 3301(i) shall be made from amounts 

16 in the Department of Defense Education Benefits Fund 

17 under section 2006 of title 10. Amounts for such payments 

18 shall be made available to the Secretary in accordance with 

19 the provisions of section 2006(d) of title 10. 

20 ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 

21 provided in this subchapter, the provisions of sections 3470, 

22 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and 

23 the provisions of subchapters I and II of chapter 36 of this 

24 title (with the exception of sections 3686(a) and 3687) shall 

25 be applicable to the provision of educational assistance 

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1 under this subchapter. The term ‘eligible veteran’ and the 

2 term ‘person’, as used in those provisions, shall be deemed 

3 for the purpose of the application of those provisions to this 

4 subchapter to refer to a person eligible for educational as5 sistance under this subchapter. 

6 ‘‘(c) APPLICATION OF BENEFITS.—The Secretary of 

7 Veterans Affairs may not make a distinction in the applica8 tion of educational assistance benefits under this subchapter 

9 on the basis of whether a person who is eligible for edu10 cational assistance under this subchapter first became so 

11 eligible under former chapter 1606 of title 10, as in effect 

12 immediately on September 30, 2008. 

13 ‘‘§ 3307. Biennial report to Congress 

14 ‘‘The Secretary of Veterans Affairs, in coordination 

15 with the Secretary of Defense, shall submit to Congress a 

16 report not later than March 1 of each odd-numbered year 

17 concerning the operation of the educational assistance pro18 gram established by this subchapter during the preceding 

19 two fiscal years. Each such report shall include the number 

20 of members of the Selected Reserve of the Ready Reserve of 

21 each armed force receiving, and the number entitled to re22 ceive, educational assistance under this subchapter during 

23 those fiscal years. The Secretary may submit the report 

24 more frequently and adjust the period covered by the report 

25 accordingly. 

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1 ‘‘SUBCHAPTER II—RESERVE COMPONENT MEM2 BERS SUPPORTING CONTINGENCY OPER3 ATIONS AND CERTAIN OTHER OPERATIONS 

4 ‘‘§ 3321. Purpose 

5 ‘‘The purpose of this subchapter is to provide edu6 cational assistance to members of the reserve components 

7 called or ordered to active service in response to a war or 

8 national emergency declared by the President or Congress, 

9 in recognition of the sacrifices that those members make in 

10 answering the call to duty. 

11 ‘‘§ 3322. Educational assistance program 

12 ‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of 

13 Veterans Affairs, shall establish and maintain a program 

14 as prescribed in this subchapter to provide educational as15 sistance to members of the Ready Reserve of the Armed 

16 Forces. The Secretary of each military department shall, 

17 under regulations prescribed by the Secretary of Defense, 

18 provide to individuals who meet the eligibility requirements 

19 under section 3323 of this title the opportunity to receive 

20 educational assistance under this subchapter. 

21 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu22 cational assistance may be provided under this subchapter 

23 for pursuit of any program of education that is an ap24 proved program of education for purposes of chapter 30 of 

25 this title. 

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1 ‘‘(c) BENEFIT AMOUNT.—(1) The educational assist2 ance program established under subsection (a) shall provide 

3 for payment by the Secretary of Veterans Affairs of an edu4 cational assistance allowance to each member entitled to 

5 educational assistance under this subchapter who is pur6 suing a program of education authorized under subsection 

7 (b). 

8 ‘‘(2) The educational assistance allowance provided 

9 under this subchapter shall be based on the applicable per10 cent under paragraph (4) to the applicable rate provided 

11 under section 3015 of this title for a member whose entitle12 ment is based on completion of an obligated period of active 

13 duty of three years. 

14 ‘‘(3) The educational assistance allowance provided 

15 under this section for a person who is undertaking a pro16 gram for which a reduced rate is specified in chapter 30 

17 of this title, that rate shall be further adjusted by the appli18 cable percent specified in paragraph (4). 

19 ‘‘(4) The adjusted educational assistance allowance 

20 under paragraph (2) or (3), as applicable, shall be— 

21 ‘‘(A) 40 percent in the case of a member of a re22 serve component who performed active service for 90 

23 consecutive days but less than one continuous year; 

24 ‘‘(B) 60 percent in the case of a member of a re25 serve component who performed active service for one 

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1 continuous year but less than two continuous years; 

2 or 

3 ‘‘(C) 80 percent in the case of a member of a re4 serve component who performed active service for two 

5 continuous years or more. 

6 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject 

7 to section 3695 of this title, the maximum number of 

8 months of educational assistance that may be provided to 

9 any member under this subchapter is 36 (or the equivalent 

10 thereof in part-time educational assistance). 

11 ‘‘(2)(A) Notwithstanding any other provision of this 

12 subchapter or chapter 36 of this title, any payment of an 

13 educational assistance allowance described in subparagraph 

14 (B) shall not— 

15 ‘‘(i) be charged against the entitlement of any 

16 individual under this subchapter; or 

17 ‘‘(ii) be counted toward the aggregate period for 

18 which section 3695 of this title limits an individual’s 

19 receipt of assistance. 

20 ‘‘(B) The payment of the educational assistance allow21 ance referred to in subparagraph (A) is the payment of such 

22 an allowance to the individual for pursuit of a course or 

23 courses under this subchapter if the Secretary of Veterans 

24 Affairs finds that the individual— 

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1 ‘‘(i) had to discontinue such course pursuit as a 

2 result of being ordered to serve on active duty under 

3 section 12301(a), 12301(d), 12301(g), 12302, or 

4 12304 of title 10; and 

5 ‘‘(ii) failed to receive credit or training time to6 ward completion of the individual’s approved edu7 cational, professional, or vocational objective as a re8 sult of having to discontinue, as described in clause 

9 (i), the individual’s course pursuit. 

10 ‘‘(C) The period for which, by reason of this subsection, 

11 an educational assistance allowance is not charged against 

12 entitlement or counted toward the applicable aggregate pe13 riod under section 3695 of this title shall not exceed the 

14 portion of the period of enrollment in the course or courses 

15 for which the individual failed to receive credit or with re16 spect to which the individual lost training time, as deter17 mined under subparagraph (B)(ii). 

18 ‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING

19 AND CERTIFICATION TESTS.—The provisions of section 

20 3301(j) of this title shall apply to the provision of edu21 cational assistance under this subchapter, except that, in 

22 applying such section under this subchapter, the reference 

23 to subsection (b) in paragraph (2) of such section is deemed 

24 to be a reference to subsection (c) of this section. 

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1 ‘‘(f) FLIGHT TRAINING.—The Secretary of Veterans Af2 fairs may approve the pursuit of flight training (in addi3 tion to a course of flight training that may be approved 

4 under section 3680A(b) of this title) by an individual enti5 tled to educational assistance under this subchapter if— 

6 ‘‘(1) such training is generally accepted as nec7 essary for the attainment of a recognized vocational 

8 objective in the field of aviation; 

9 ‘‘(2) the individual possesses a valid private 

10 pilot certificate and meets, on the day the member be11 gins a course of flight training, the medical require12 ments necessary for a commercial pilot certificate; 

13 and 

14 ‘‘(3) the flight school courses meet Federal Avia15 tion Administration standards for such courses and 

16 are approved by the Federal Aviation Administration 

17 and the State approving agency. 

18 ‘‘§ 3323. Eligibility for educational assistance 

19 ‘‘(a) ELIGIBILITY.—On or after September 11, 2001, 

20 a member of a reserve component is entitled to educational 

21 assistance under this subchapter if the member— 

22 ‘‘(1) served on active duty in support of a con23 tingency operation for 90 consecutive days or more; 

24 or 

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1 ‘‘(2) in the case of a member of the Army Na2 tional Guard of the United States or Air National 

3 Guard of the United States, performed full time Na4 tional Guard duty under section 502(f) of title 32 for 

5 90 consecutive days or more when authorized by the 

6 President or Secretary of Defense for the purpose of 

7 responding to a national emergency declared by the 

8 President and supported by Federal funds. 

9 ‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli10 gibility requirements in subsection (a), a member who was 

11 ordered to active service as prescribed under subsection 

12 (a)(1) or (a)(2) but is released from duty before completing 

13 90 consecutive days because of an injury, illness or disease 

14 incurred or aggravated in the line of duty shall be entitled 

15 to educational assistance under this subchapter at the rate 

16 prescribed in section 3322(c)(4)(A) of this title. 

17 ‘‘(c) WRITTEN NOTIFICATION.—(1) Each member who 

18 becomes entitled to educational assistance under subsection 

19 (a) shall be given a statement in writing prior to release 

20 from active service that summarizes the provisions of this 

21 subchapter and stating clearly and prominently the sub22 stance of section 3325 of this title as such section may apply 

23 to the member. 

24 ‘‘(2) At the request of the Secretary of Veterans Affairs, 

25 the Secretary of the military department concerned shall 

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1 transmit a notice of entitlement for each such member to 

2 that Secretary. 

3 ‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who 

4 qualifies for educational assistance under this subchapter 

5 may not receive credit for such service under both the pro6 gram established by chapter 30 of this title and the program 

7 established by this subchapter but shall make an irrevocable 

8 election (in such form and manner as the Secretary of Vet9 erans Affairs may prescribe) as to the program to which 

10 such service is to be credited. 

11 ‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS12 SISTANCE ALLOWANCE.—(1) Except as provided in para13 graph (2), an individual entitled to educational assistance 

14 under this subchapter who is also eligible for educational 

15 assistance under subchapter I of this chapter, chapter 30, 

16 31, 32, or 35 of this title, or under the Hostage Relief Act 

17 of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not 

18 receive assistance under more than one such programs and 

19 shall elect (in such form and manner as the Secretary of 

20 Veterans Affairs may prescribe) under which program the 

21 member elects to receive educational assistance. 

22 ‘‘(2) The restriction on duplication of educational as23 sistance under paragraph (1) does not apply to the entitle24 ment of educational assistance under section 3301(i) of this 

25 title. 

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1 ‘‘§ 3324. Time limit for use of entitlement 

2 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro3 vided in subsection (b), a member remains entitled to edu4 cational assistance under this subchapter while serving— 

5 ‘‘(1) in the Selected Reserve of the Ready Re6 serve, in the case of a member called or ordered to ac7 tive service while serving in the Selected Reserve; or 

8 ‘‘(2) in the Ready Reserve, in the case of a mem9 ber ordered to active duty while serving in the Ready 

10 Reserve (other than the Selected Reserve). 

11 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

12 MEMBERS.—(1) In the case of a person who is separated 

13 from the Ready Reserve because of a disability which was 

14 not the result of the individual’s own willful misconduct 

15 incurred on or after the date on which such person became 

16 entitled to educational assistance under this subchapter, 

17 such person’s entitlement to educational assistance expires 

18 at the end of the 10-year period beginning on the date on 

19 which such person became entitled to such assistance. 

20 ‘‘(2) The provisions of subsections (d) and (f) of section 

21 3031 of this title shall apply to the period of entitlement 

22 prescribed by paragraph (1). 

23 ‘‘§ 3325. Termination of assistance 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), educational assistance may not be provided under this 

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1 subchapter, or if being provided under this subchapter, shall 

2 be terminated— 

3 ‘‘(1) if the member is receiving financial assist4 ance under section 2107 of title 10 as a member of 

5 the Senior Reserve Officers’ Training Corps program; 

6 or 

7 ‘‘(2) when the member separates from the Ready 

8 Reserve, as provided for under section 3324(a)(1) or 

9 section 3324(a)(2), as applicable, of this title. 

10 ‘‘(b) EXCEPTION.—Under regulations prescribed by the 

11 Secretary of Defense, educational assistance may be pro12 vided under this subchapter to a member of the Selected 

13 Reserve of the Ready Reserve who incurs a break in service 

14 in the Selected Reserve of not more than 90 days if the 

15 member continues to serve in the Ready Reserve during and 

16 after such break in service. 

17 ‘‘§ 3326. Administration of program 

18 ‘‘(a) PAYMENTS.—Payments for educational assistance 

19 under this subchapter shall be made from funds appro20 priated or otherwise made available to the Department of 

21 Veterans Affairs for fiscal year 2009 or any subsequent fis22 cal year for the payment of readjustment benefits. 

23 ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 

24 provided in this subchapter, the provisions of sections 3470, 

25 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and 

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1 the provisions of subchapters I and II of chapter 36 of this 

2 title (with the exception of sections 3686(a) and 3687) shall 

3 be applicable to the provision of educational assistance 

4 under this subchapter. The term ‘eligible veteran’ and the 

5 term ‘person’, as used in those provisions, shall be deemed 

6 for the purpose of the application of those provisions to this 

7 subchapter to refer to a person eligible for educational as8 sistance under this subchapter. 

9 ‘‘(c) APPLICATION OF BENEFITS.—The Secretary of 

10 Veterans Affairs may not make a distinction in the applica11 tion of educational assistance benefits under this subchapter 

12 on the basis of whether a person who is eligible for edu13 cational assistance under this subchapter first became so 

14 eligible under former chapter 1607 of title 10, as in effect 

15 immediately on September 30, 2008.’’. 

16 (b) TRANSFER OF AMOUNTS FOR BENEFITS ACCRUED

17 BEFORE OCTOBER 1, 2008.— 

18 (1) FISCAL YEAR 2009.—By not later than Octo19 ber 1, 2008, the Secretary of Defense shall transfer to 

20 the Secretary of Veterans Affairs from the funds in 

21 the Department of Defense Education Benefits Fund 

22 under section 2006 of title 10, United States Code, 

23 that are attributable to armed forces education liabil24 ities under chapters 1606 and 1607 of such title 

25 (other than such liabilities under section 16131(i) of 

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1 such title) that accrue before such date, such funds as 

2 may be required by the Secretary of Veterans Affairs 

3 to make payments with respect to such liabilities dur4 ing fiscal year 2009. Such amounts shall be deposited 

5 into the Readjustment Benefits Account of the Depart6 ment of Veterans Affairs and shall be used only by the 

7 Secretary of Veterans Affairs to make payments of 

8 educational assistance under chapter 33 of title 38, 

9 United States Code, as added by subsection (a). 

10 Funds deposited in the Readjustment Benefits Ac11 count under this paragraph may not be used to pay 

12 any benefit that is payable from the Readjustment 

13 Benefits Account other than a payment of educational 

14 assistance under chapter 33 of title 38, United States 

15 Code, as added by subsection (a). 

16 (2) TREATMENT OF RECEIPTS.—Receipts that 

17 would otherwise be credited to the account established 

18 for the payment of benefits under the Department of 

19 Defense Education Benefits Fund under section 2006 

20 of title 10, United States Code, for the payment of 

21 benefits under the chapters 1606 and 1607 of such 

22 title (other than such benefits under section 16131(i) 

23 of such title), shall be credited to the Readjustment 

24 Benefits Account of the Department of Veterans Af25 fairs and merged with funds deposited in that acmstockstill on PROD1PC66 with BILLS

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1 count under paragraph (1), to be available for the 

2 same purposes and subject to the same limitations as 

3 such funds. 

4 (3) AGREEMENT FOR SUBSEQUENT FISCAL

5 YEARS.—By not later than October 1, 2008, the Sec6 retary of Defense and the Secretary of Veterans Af7 fairs shall enter into an agreement under which the 

8 Secretary of Defense shall transfer to the Secretary of 

9 Veterans Affairs all remaining funds in the Depart10 ment of Defense Education Benefits Fund under sec11 tion 2006 of title 10, United States Code, that are at12 tributable to armed forces liabilities under the former 

13 chapters 1606 and 1607 of such title (other than such 

14 liabilities under section 16131(i) of such title) that 

15 accrue before such date. Such amounts shall be depos16 ited into the education account of the Readjustment 

17 Benefits Account of the Department of Veterans Af18 fairs and shall be available to the Secretary of Vet19 erans Affairs to make payments of educational assist20 ance under chapter 33 of title 38, United States Code, 

21 as added by subsection (a). 

22 (4) REPORT.—By not later than October 1, 

23 2008, the Secretary of Defense shall submit to the con24 gressional defense committees, the Committee on Vet25 erans Affairs of the Senate, and the Committee on 

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1 Veterans Affairs of the House of Representatives a de2 tailed report on the agreement between the Secretary 

3 of Defense and the Secretary of Veterans Affairs and 

4 the status of the transfer of funds described in para5 graph (2). Such report shall include the date on 

6 which the Secretary of Defense has agreed to complete 

7 such transfer. 

8 (c) CLERICAL AMENDMENTS.—The tables of chapters 

9 at the beginning of title 38, United States Code, and at 

10 the beginning of part III of such title, are each amended 

11 by inserting after the item relating to chapter 32 the fol12 lowing new item: 

‘‘33. Educational Assistance for Members of the Reserve 

Components ................................................................... 3301’’. 

13 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) CONFORMING AMENDMENTS ON BAR ON DUAL

15 ELIGIBILITY FOR BENEFITS.— 

16 (A) Section 3033 of title 38, United States 

17 Code, is amended— 

18 (i) in subsection (a)(1), by striking 

19 ‘‘chapter 106 or 107 of title 10’’ and insert20 ing ‘‘under subchapter I or subchapter II of 

21 chapter 33 of this title, under chapter 107 

22 of title 10’’; and 

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1 (ii) in subsection (c), by striking 

2 ‘‘chapter 106 of title 10’’ and inserting 

3 ‘‘subchapter I of chapter 33 of this title’’. 

4 (B) Section 3221(f) of such title is amended 

5 by striking ‘‘chapter 106 of title 10’’ and insert6 ing ‘‘subchapter I of chapter 33 of this title’’. 

7 (C) Section 3681 of such title is amended— 

8 (i) in subsection (a), by striking ‘‘34, 

9 35, or 36 of this title or 106 or 107 of title 

10 10,’’ and inserting ‘‘33, 34, 35, or 36 of this 

11 title’’; and 

12 (ii) in subsection (b)— 

13 (I) in paragraph (1), by inserting 

14 before the period the following: ‘‘, and 

15 subchapters I and II of chapter 33 of 

16 this title’’; and 

17 (II) in paragraph (2), by striking 

18 ‘‘Chapters 106 and’’ and inserting 

19 ‘‘Chapter’’. 

20 (2) CONFORMING AMENDMENTS RELATING TO DE21 PARTMENT OF DEFENSE EDUCATION BENEFITS

22 FUND.— 

23 (A) DEFINITION OF ARMED FORCES EDU24 CATION LIABILITIES.—Paragraph (1) of section 

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1 2006(b) of title 10, United States Code, is 

2 amended to read as follows: 

3 ‘‘(1) The term ‘armed forces education liabilities’ 

4 means liabilities of the armed forces for benefits under 

5 chapter 30 and section 3301(i) of title 38 and for De6 partment of Defense benefits under paragraphs (3) 

7 and (4) of section 510(e) of this title, including funds 

8 provided by the Secretary of Homeland Security for 

9 education liabilities for the Coast Guard when it is 

10 not operating as a service in the Department of the 

11 Navy.’’. 

12 (B) DEFINITION OF NORMAL COST.—Para13 graph (2) of such section is amended by striking 

14 subparagraph (C) and inserting the following 

15 new subparagraph: 

16 ‘‘(C) The present value of the future Depart17 ment of Defense benefits payable from the Fund 

18 (including funds from the Department in which 

19 the Coast Guard is operating) for educational as20 sistance under section 3301(i) of title 38 to per21 sons who during such period become entitled to 

22 such assistance.’’. 

23 (3) CROSS-REFERENCE AMENDMENTS.— 

24 (A) CHAPTER 106 OF TITLE 10, UNITED

25 STATES CODE.— 

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1 (i) Section 2131 of title 10, United 

2 States Code, is amended to read as follows: 

3 ‘‘§ 2131. Reference to subchapter I of chapter 33 of 

4 title 38 

5 ‘‘Provisions of law related to educational assistance for 

6 members of the Selected Reserve under the Montgomery GI 

7 Bill program, as formerly set forth in this chapter and 

8 chapter 1606 of this title, are set forth in subchapter I of 

9 chapter 33 of title 38 (beginning with section 3301 of title 

10 38).’’. 

11 (ii) The table of sections at the begin12 ning of chapter 106 of such title is amended 

13 by striking the item relating to section 2131 

14 and inserting the following new item: 

‘‘2131. Reference to subchapter I of chapter 33 of title 38.’’. 

15 (B) CHAPTER 1606 OF TITLE 10, UNITED

16 STATES CODE.—Chapter 1606 of such title is 

17 amended by striking all after the chapter head18 ing and inserting the following: 

‘‘Sec. 

‘‘16131. Reference to subchapter I of chapter 33 of title 38. 

19 ‘‘§ 16131. Reference to subchapter I of chapter 33 of 

20 title 38 

21 ‘‘Provisions of law related to educational assistance for 

22 members of the Selected Reserve under the Montgomery GI 

23 Bill program, as formerly set forth in this chapter, are set 

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1 forth in subchapter I of chapter 33 of title 38 (beginning 

2 with section 3301 of that title).’’. 

3 (C) CHAPTER 1607 OF TITLE 10, UNITED

4 STATES CODE.—Chapter 1607 of such title is 

5 amended by striking all after the chapter head6 ing and inserting the following: 

‘‘Sec. 

‘‘16161. Reference to subchapter II of chapter 33 of title 38. 

7 ‘‘§ 16161. Reference to subchapter II of chapter 33 of 

8 title 38 

9 ‘‘Provisions of law related to educational assistance for 

10 members of the reserve components of the Armed Forces sup11 porting contingency operations and certain other oper12 ations, as formerly set forth in this chapter, are set forth 

13 in subchapter II of chapter 33 of title 38 (beginning with 

14 section 3321 of that title).’’. 

15 (4) ADDITIONAL CONFORMING AMENDMENTS.— 

16 (A) TITLE 38, UNITED STATES CODE.— 

17 (i) Section 3485 of title 38, United 

18 States Code, is amended— 

19 (I) in subsection (a)(4)(E), by 

20 striking ‘‘chapter 1606 or 1607 of title 

21 10’’ and inserting ‘‘chapter 33 of this 

22 title’’; 

23 (II) in subsection (b), by striking 

24 ‘‘chapter 30, 31, 32, or 34 of this title 

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1 or chapter 1606 or 1607 of title 10,’’ 

2 and inserting ‘‘chapter 30, 31, 32, 33, 

3 or 34 of this title’’; and 

4 (III) in subsection (e)(1)— 

5 (aa) by striking ‘‘, chapter 

6 30, 31, 32, 35, or 36 of this title, 

7 or chapter 1606 or 1607 of title 

8 10’’ and inserting ‘‘or chapter 30, 

9 31, 32, 33, 35, or 36 of this title’’; 

10 and 

11 (bb) by striking ‘‘section 

12 2135 of such title’’ and inserting 

13 ‘‘section 3305 of this title’’. 

14 (ii) Section 3672(c) of such title is 

15 amended— 

16 (I) in paragraph (3)(A), by strik17 ing ‘‘chapters 30 and 35 of this title 

18 and chapter 1606 of title 10’’ and in19 serting ‘‘chapters 30, 33, and 35 of this 

20 title’’; and 

21 (II) in paragraph (4), by striking 

22 ‘‘chapter 30 or 35 of this title, or chap23 ter 1606 of title 10, as the case may 

24 be’’ and inserting ‘‘chapter 30, 33, or 

25 35 of this title’’. 

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1 (iii) Section 3674 of such title is 

2 amended— 

3 (I) in subsection (a)(1), by strik4 ing ‘‘and chapter 106 of title 10’’; and 

5 (II) in subsection (c), by inserting 

6 ‘‘33,’’ after ‘‘32,’’. 

7 (iv) Section 3680A(d)(1) of such title 

8 is amended— 

9 (I) by striking ‘‘or under chapter 

10 106 of title 10’’ the first place it ap11 pears; and 

12 (II) by striking ‘‘or chapter 30, 

13 31, 32, or 35 of this title or under 

14 chapter 106 of title 10’’ and inserting 

15 ‘‘or chapter 30, 31, 32, 33, or 35 of 

16 this title’’. 

17 (v) Section 3684A(a)(1) of such title is 

18 amended by striking ‘‘chapter 30 or 32 of 

19 this title or in chapter 106 of title 10’’ and 

20 inserting ‘‘chapter 30, 32, or 33 of this 

21 title’’. 

22 (vi) Section 3688(b) of such title is 

23 amended by striking ‘‘, chapter 30, 32, or 

24 35 of this title, or chapter 106 of title 10’’ 

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1 and inserting ‘‘or chapter 30, 32, 33, or 35 

2 of this title’’. 

3 (vii) Section 3689 of such title is 

4 amended by inserting ‘‘33,’’ after ‘‘32,’’ each 

5 place it appears. 

6 (viii) Section 3692 of such title is 

7 amended— 

8 (I) in subsection (a), by striking 

9 ‘‘or 35 of this title and chapter 1606 of 

10 title 10’’ and inserting ‘‘33, or 35 of 

11 this title’’; and 

12 (II) in subsection (b), by striking 

13 ‘‘, chapters 30, 32, and 35 of this title, 

14 and chapter 1606 of title 10’’ and in15 serting ‘‘and chapters 30, 32, 33, and 

16 35 of this title’’. 

17 (ix) Section 3695(a) of such title is 

18 amended— 

19 (I) by striking paragraph (4) and 

20 inserting the following new paragraph 

21 (4): 

22 ‘‘(4) Chapters 30, 32, 34, 35, and 36 of this title 

23 and subchapters I and II of chapter 33 of this title.’’; 

24 and 

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1 (II) in paragraph (5), by striking 

2 ‘‘, 1606, 1607,’’. 

3 (x) Section 3697(a) of such title is 

4 amended by striking ‘‘chapter 30, 32, 34, or 

5 35 of this title, or chapter 106 of title 10,’’ 

6 and inserting ‘‘chapter 30, 32, 33, 34, or 35 

7 of this title’’. 

8 (xi) Section 3697A(b)(1) of such title is 

9 amended by striking ‘‘or 32 of this title or 

10 chapter 106’’ and inserting ‘‘32, or 33 of 

11 this title or chapter’’. 

12 (B) TITLE 10, UNITED STATES CODE.—Sec13 tion 510(h) of title 10, United States Code, is 

14 amended— 

15 (i) in paragraph (1)— 

16 (I) in subparagraph (A), by strik17 ing ‘‘additional educational assistance 

18 under chapter 1606 of this title or to 

19 basic educational assistance under sub20 chapter II of chapter 30 of title 38’’ 

21 and inserting ‘‘basic educational as22 sistance under subchapter II of chapter 

23 30 of title 38 or educational assistance 

24 under subchapter I of chapter 33 of 

25 that title’’; and 

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1 (II) in subparagraph (B)— 

2 (aa) by striking ‘‘chapter 

3 1606 of this title or chapter 30 of 

4 title 38’’ and inserting ‘‘chapter 

5 30 or subchapter I of chapter 33 

6 of title 38’’; and 

7 (bb) by striking ‘‘either such 

8 chapter’’ each place it appears 

9 and inserting ‘‘either such provi10 sions’’; and 

11 (ii) in paragraph (3)(A), by striking 

12 ‘‘educational assistance under chapter 1606 

13 of this title’’ and all that follows through 

14 ‘‘as the case may be’’ and inserting ‘‘basic 

15 educational assistance under chapter 30 of 

16 title 38 or educational assistance under sub17 chapter I of chapter 33 of that title from an 

18 entitlement to such basic educational assist19 ance under chapter 30 of that title or edu20 cational assistance under subchapter I of 

21 chapter 33 of that title, as the case may be’’. 

22 (C) ELEMENTARY AND SECONDARY EDU23 CATION ACT OF 1965.—Section 2304(g) of the Ele24 mentary and Secondary Education Act of 1965 

25 (20 U.S.C. 6674(g)) is amended by striking 

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1 ‘‘chapter 30 of title 38 or chapter 1606 of title 

2 10’’ and inserting ‘‘chapter 30 or 33 of title 38’’. 

3 (D) INTERNAL REVENUE CODE OF 1986.— 

4 Section 25A(g)(2)(B) of the Internal Revenue 

5 Code of 1986 is amended by striking ‘‘chapter 

6 30, 31, 32, 34, or 35 of title 38, United States 

7 Code, or under chapter 1606 of title 10, United 

8 States Code’’ and inserting ‘‘chapter 30, 31, 32, 

9 33, 34, or 35 of title 38, United States Code’’. 

10 (e) EFFECTIVE DATE.—This section and the amend11 ments made by this section shall take effect on October 1, 

12 2008. 

13 SEC. 526. SECRETARY OF DEFENSE EVALUATION OF THE 

14 ADEQUACY OF THE DEGREE-GRANTING AU15 THORITIES OF CERTAIN MILITARY UNIVER16 SITIES AND EDUCATIONAL INSTITUTIONS. 

17 (a) EVALUATION REQUIRED.—The Secretary of De18 fense shall carry out an evaluation of the degree-granting 

19 authorities provided by title 10, United States Code, to the 

20 academic institutions specified in subsection (b). The eval21 uation shall assess whether the current process, under which 

22 each degree conferred by each institution must have a statu23 tory authorization, remains adequate, appropriate, and re24 sponsive enough to meet emerging military service edu25 cation requirements. 

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1 (b) SPECIFIED INSTITUTIONS.—The academic institu2 tions covered by subsection (a) are the following: 

3 (1) The National Defense University. 

4 (2) The Army War College and the United States 

5 Army Command and General Staff College. 

6 (3) The College of Naval Warfare and the College 

7 of Naval Command and Staff. 

8 (4) The United States Naval Postgraduate 

9 School. 

10 (5) Air University and the United States Air 

11 Force Institute of Technology. 

12 (6) The Marine Corps University. 

13 (c) REPORT.—Not later than April 1, 2008, the Sec14 retary shall submit to the Committee on Armed Services 

15 of the Senate and the Committee on Armed Services of the 

16 House of Representatives a report on the evaluation. The 

17 report shall include the results of the evaluation and any 

18 recommendations for changes to policy or law that the Sec19 retary considers appropriate. 

20 SEC. 527. NAVY JUNIOR RESERVE OFFICERS’ TRAINING 

21 CORPS UNIT FOR SOUTHOLD, MATTITUCK, 

22 AND GREENPORT HIGH SCHOOLS. 

23 For purposes of meeting the requirements of section 

24 2031(b) of title 10, United States Code, the Secretary of 

25 the Navy may, and to the extent the schools request shall, 

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1 treat any two or more of the following schools (all in 

2 Southold, Suffolk County, New York) as a single institution: 

3 (1) Southold High School. 

4 (2) Mattituck High School. 

5 (3) Greenport High School. 

6 Subtitle D—General Service 

7 Authorities 

8 SEC. 531. AUTHORITY TO REDUCE REQUIRED SERVICE OB9 LIGATION FOR INITIAL APPOINTMENT OF 

10 QUALIFIED HEALTH PROFESSIONALS AS OF11 FICERS IN CRITICAL SPECIALTIES. 

12 Section 651 of title 10, United States Code, is amended 

13 by adding at the end the following new subsection: 

14 ‘‘(c) For the armed forces under the jurisdiction of the 

15 Secretary of Defense, the Secretary may reduce the total ini16 tial period of required service to less than the minimum 

17 otherwise established pursuant to subsection (a) in the case 

18 of the initial appointment of a commissioned officer in a 

19 critically short health professional specialty, as determined 

20 by the Secretary. The period of required service may not 

21 be reduced to less than two years.’’. 

22 SEC. 532. REENLISTMENT IN FORMER ENLISTED GRADE 

23 AFTER SERVICE AS AN OFFICER. 

24 (a) REGULAR ARMY.—Section 3258 of title 10, United 

25 States Code, is amended— 

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1 (1) in subsection (a)— 

2 (A) by striking ‘‘a Reserve officer’’ and in3 serting ‘‘an officer’’; and 

4 (B) by striking ‘‘a temporary appointment’’ 

5 and inserting ‘‘an appointment’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘a Re8 serve officer’’ and inserting ‘‘an officer’’; and 

9 (B) in paragraph (2), by striking ‘‘Re10 serve’’. 

11 (b) REGULAR AIR FORCE.—Section 8258 of such title 

12 is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘a reserve officer’’ and in15 serting ‘‘an officer’’; and 

16 (B) by striking ‘‘a temporary appointment’’ 

17 and inserting ‘‘an appointment’’; and 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘a Re20 serve officer’’ and inserting ‘‘an officer’’; and 

21 (B) in paragraph (2), by striking ‘‘Re22 serve’’. 

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1 Subtitle E—Military Justice and 

2 Legal Assistance Matters 

3 SEC. 541. AUTHORITY TO DESIGNATE CERTAIN CIVILIAN 

4 EMPLOYEES OF THE FEDERAL GOVERNMENT 

5 AS ELIGIBLE FOR LEGAL ASSISTANCE FROM 

6 DEPARTMENT OF DEFENSE LEGAL STAFF RE7 SOURCES. 

8 Section 1044(a) of title 10, United States Code, is 

9 amended by adding at the end the following new paragraph: 

10 ‘‘(6) Civilian employees of the Federal Govern11 ment serving with, or preparing to serve with, an 

12 armed force in support of a contingency operation, as 

13 designated in regulations prescribed by the Secretary 

14 concerned.’’. 

15 Subtitle F—Decorations and 

16 Awards 

17 SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF 

18 MEDAL OF HONOR TO LESLIE H. SABO, JR., 

19 FOR ACTS OF VALOR DURING THE VIETNAM 

20 WAR. 

21 (a) AUTHORIZATION.—Notwithstanding the time limi22 tations specified in section 3744 of title 10, United States 

23 Code, or any other time limitation with respect to the 

24 awarding of certain medals to persons who served in the 

25 Armed Forces, the President is authorized and requested to 

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1 award the Medal of Honor under section 3741 of such title 

2 to Leslie H. Sabo, Jr., for the acts of valor during the Viet3 nam War described in subsection (b). 

4 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

5 referred to in subsection (a) are the actions of Leslie H. 

6 Sabo, Jr., on May 10, 1970, as a member of the United 

7 States Army serving in the grade of Specialist Four in the 

8 Republic of Vietnam with Company B of the 3d Battalion, 

9 506th Infantry Regiment, 101st Airborne Division. 

10 SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF 

11 MEDAL OF HONOR TO HENRY SVEHLA FOR 

12 ACTS OF VALOR DURING THE KOREAN WAR. 

13 (a) AUTHORIZATION.—Notwithstanding the time limi14 tations specified in section 3744 of title 10, United States 

15 Code, or any other time limitation with respect to the 

16 awarding of certain medals to persons who served in the 

17 Armed Forces, the President is authorized and requested to 

18 award the Medal of Honor under section 3741 of such title 

19 to Henry Svehla for the acts of valor described in subsection 

20 (b). 

21 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

22 referred to in subsection (a) are the actions of Henry Svehla 

23 on June 12, 1952, as a member of the United States Army 

24 serving in the grade of Private First Class in Korea with 

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1 Company F of the 32d Infantry Regiment, 7th Infantry Di2 vision. 

3 SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF 

4 MEDAL OF HONOR TO WOODROW W. KEEBLE 

5 FOR ACTS OF VALOR DURING THE KOREAN 

6 WAR. 

7 (a) WAIVER OF TIME LIMITATIONS.—Notwithstanding 

8 the time limitations specified in section 3744 of title 10, 

9 United States Code, or any other time limitation with re10 spect to the awarding of certain medals to persons who 

11 served in the Armed Forces, the President is authorized and 

12 requested to award the Medal of Honor under section 3741 

13 of such title to Woodrow W. Keeble for the acts of valor de14 scribed in subsection (b). 

15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

16 referred to in subsection (a) are the actions of Woodrow W. 

17 Keeble of the United States Army as an acting platoon lead18 er on October 20, 1950, during the Korean War. 

19 SEC. 554. AUTHORIZATION AND REQUEST FOR AWARD OF 

20 MEDAL OF HONOR TO PRIVATE PHILIP G. 

21 SHADRACH FOR ACTS OF VALOR DURING THE 

22 CIVIL WAR. 

23 (a) AUTHORIZATION.—Notwithstanding the time limi24 tations specified in section 3744 of title 10, United States 

25 Code, or any other time limitation with respect to the 

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1 awarding of certain medals to persons who served in the 

2 Armed Forces, the President is authorized and requested to 

3 award the Medal of Honor under section 3741 of title 10, 

4 United States Code, posthumously to Private Philip G. 

5 Shadrach of Company K, 2nd Ohio Volunteer Infantry 

6 Regiment for the acts of valor described in subsection (b). 

7 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

8 referred to in subsection (a) are the actions of Philip G. 

9 Shadrach as one of Andrews Raiders during the Civil War 

10 on April 12, 1862. 

11 SEC. 555. AUTHORIZATION AND REQUEST FOR AWARD OF 

12 MEDAL OF HONOR TO PRIVATE GEORGE D. 

13 WILSON FOR ACTS OF VALOR AS ONE OF AN14 DREWS RAIDERS DURING THE CIVIL WAR. 

15 (a) AUTHORIZATION.—The President is authorized 

16 and requested to award the Medal of Honor under section 

17 3741 of title 10, United States Code, posthumously to Pri18 vate George D. Wilson of Company B, 2nd Ohio Volunteer 

19 Infantry Regiment for the acts of valor described in sub20 section (b). 

21 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

22 referred to in subsection (a) are the actions of George D. 

23 Wilson as one of Andrews Raiders during the Civil War 

24 on April 12, 1862. 

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1 SEC. 556. COLD WAR VICTORY MEDAL. 

2 (a) AUTHORITY.—Chapter 57 of title 10, United States 

3 Code, is amended by adding at the end the following new 

4 section: 

5 ‘‘§ 1135. Cold War Victory Medal 

6 ‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned 

7 shall issue a service medal, to be known as the ‘Cold War 

8 Victory Medal’, to persons eligible to receive the medal 

9 under subsection (b). The Cold War Victory Medal shall be 

10 of an appropriate design approved by the Secretary of De11 fense, with ribbons, lapel pins, and other appurtenances. 

12 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

13 eligible to receive the Cold War Victory Medal: 

14 ‘‘(1) A person who— 

15 ‘‘(A) performed active duty or inactive duty 

16 training as an enlisted member during the Cold 

17 War; 

18 ‘‘(B) completed the person’s initial term of 

19 enlistment or, if discharged before completion of 

20 such initial term of enlistment, was honorably 

21 discharged after completion of not less than 180 

22 days of service on active duty; and 

23 ‘‘(C) has not received a discharge less favor24 able than an honorable discharge or a release 

25 from active duty with a characterization of serv26 ice less favorable than honorable. 

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1 ‘‘(2) A person who— 

2 ‘‘(A) performed active duty or inactive duty 

3 training as a commissioned officer or warrant 

4 officer during the Cold War; 

5 ‘‘(B) completed the person’s initial service 

6 obligation as an officer or, if discharged or sepa7 rated before completion of such initial service ob8 ligation, was honorably discharged after comple9 tion of not less than 180 days of service on active 

10 duty; and 

11 ‘‘(C) has not been released from active duty 

12 with a characterization of service less favorable 

13 than honorable and has not received a discharge 

14 or separation less favorable than an honorable 

15 discharge. 

16 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

17 Cold War Victory Medal may be issued to any person. 

18 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.— 

19 If a person described in subsection (b) dies before being 

20 issued the Cold War Victory Medal, the medal shall be 

21 issued to the person’s representative, as designated by the 

22 Secretary concerned. 

23 ‘‘(e) REPLACEMENT.—Under regulations prescribed by 

24 the Secretary concerned, a Cold War Victory Medal that 

25 is lost, destroyed, or rendered unfit for use without fault 

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1 or neglect on the part of the person to whom it was issued 

2 may be replaced without charge. 

3 ‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic4 tory Medal shall be issued upon receipt by the Secretary 

5 concerned of an application for such medal, submitted in 

6 accordance with such regulations as the Secretary pre7 scribes. 

8 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De9 fense shall ensure that regulations prescribed by the Secre10 taries of the military departments under this section are 

11 uniform so far as is practicable. 

12 ‘‘(h) DEFINITION.—In this section, the term ‘Cold War’ 

13 means the period beginning on September 2, 1945, and end14 ing at the end of December 26, 1991.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is amended by adding at the 

17 end the following new item: 

‘‘1135. Cold War Victory Medal.’’. 

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1 Subtitle G—Impact Aid and Defense 

2 Dependents Education System 

3 SEC. 561. TUITION ASSISTANCE FOR MILITARY DEPEND4 ENTS IN OVERSEAS AREAS WHERE SCHOOLS 

5 OPERATED BY DEFENSE DEPENDENTS’ EDU6 CATION SYSTEM ARE NOT REASONABLY 

7 AVAILABLE. 

8 Section 1407(b)(1) of the Defense Dependents’ Edu9 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended in the 

10 first sentence by inserting ‘‘, including private boarding 

11 schools in the United States,’’ after ‘‘attend schools’’. 

12 SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

13 EDUCATIONAL AGENCIES THAT BENEFIT DE14 PENDENTS OF MEMBERS OF THE ARMED 

15 FORCES AND DEPARTMENT OF DEFENSE CI16 VILIAN EMPLOYEES. 

17 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

18 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

19 amount authorized to be appropriated pursuant to section 

20 301(5) for operation and maintenance for Defense-wide ac21 tivities, $50,000,000 shall be available only for the purpose 

22 of providing assistance to local educational agencies under 

23 subsection (a) of section 572 of the National Defense Author24 ization Act for Fiscal Year 2006 (Public Law 109–163; 119 

25 Stat. 3271; 20 U.S.C. 7703b). 

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1 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

2 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

3 CHANGES, OR FORCE RELOCATIONS.—Of the amount au4 thorized to be appropriated pursuant to section 301(5) for 

5 operation and maintenance for Defense-wide activities, 

6 $15,000,000 shall be available only for the purpose of pro7 viding assistance to local educational agencies under sub8 section (b) of such section 572. 

9 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

10 section, the term ‘‘local educational agency’’ has the mean11 ing given that term in section 8013(9) of the Elementary 

12 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

13 Subtitle H—Other Matters 

14 SEC. 571. EXTENSION OF AUTHORITY TO ACCEPT GIFTS, DE15 VISES, OR BEQUESTS TO BENEFIT MEMBERS 

16 OF THE ARMED FORCES, DEPENDENTS, AND 

17 CIVILIAN EMPLOYEES OF THE DEPARTMENT 

18 OF DEFENSE. 

19 Section 2601(b)(4) of title 10, United States Code, is 

20 amended by striking ‘‘December 31, 2007’’ and inserting 

21 ‘‘December 31, 2010’’. 

22 SEC. 572. UNIFORM PERFORMANCE POLICIES FOR MILI23 TARY BANDS AND OTHER MUSICAL UNITS. 

24 (a) IN GENERAL.— 

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1 (1) CONSOLIDATION OF SEPARATE AUTHORI2 TIES.—Chapter 49 of title 10, United States Code, is 

3 amended by inserting after section 973 the following 

4 new section: 

5 ‘‘§ 974. Uniform performance policies for military 

6 bands and other musical units 

7 ‘‘(a) RESTRICTIONS ON COMPETITION AND REMU8 NERATION.—Bands, ensembles, choruses, or similar musical 

9 units of the armed forces, including individual members of 

10 such a unit performing in an official capacity, may not— 

11 ‘‘(1) perform music in competition with local ci12 vilian musicians; or 

13 ‘‘(2) receive remuneration for official perform14 ances. 

15 ‘‘(b) MEMBERS.—A member of a band, ensemble, cho16 rus, or similar musical unit of the armed forces may per17 form music in the member’s personal capacity, as an indi18 vidual or part of a group, for remuneration or otherwise, 

19 if the member does not wear a military uniform for the 

20 performance, does not identify himself or herself as a mem21 ber of the armed forces in connection with the performance, 

22 and complies with all applicable regulations and standards 

23 of conduct. 

24 ‘‘(c) RECORDINGS.—Bands, ensembles, choruses, or 

25 similar musical units of the armed forces, when authorized 

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1 pursuant to Department of Defense regulations, may 

2 produce recordings for distribution to the public at a cost 

3 not to exceed production and distribution expenses. The pro4 ceeds from such recordings shall be credited to the appro5 priation used to cover production and distribution expenses. 

6 ‘‘(d) COMPETITION DEFINED.—(1) In this section, the 

7 term ‘perform music in competition with local civilian mu8 sicians’ includes performances— 

9 ‘‘(A) that are more than incidental to events that 

10 are not supported solely by appropriated funds and 

11 are not free to the public; and 

12 ‘‘(B) of background, dinner, dance, or other so13 cial music at events, regardless of location, that are 

14 not supported solely by appropriated funds. 

15 ‘‘(2) The term does not include performances— 

16 ‘‘(A) at official Federal Government events that 

17 are supported solely by appropriated funds; 

18 ‘‘(B) at concerts, parades, and other events that 

19 are patriotic events or celebrations of national holi20 days and are free to the public; or 

21 ‘‘(C) that are incidental, such as short perform22 ances of military or patriotic music to open or close 

23 events, to events that are not supported solely by ap24 propriated funds, in compliance with applicable rules 

25 and regulations.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 inserting after the item relating to section 973 the fol4 lowing new item: 

‘‘974. Uniform performance policies for military bands and other musical units.’’. 

5 (b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— 

6 (1) REPEAL.—Sections 3634, 6223, and 8634 of 

7 such title are repealed. 

8 (2) TABLE OF SECTIONS.—(A) The table of sec9 tions at the beginning of chapter 349 of such title is 

10 amended by striking the item relating to section 3634. 

11 (B) The table of sections at the beginning of 

12 chapter 565 of such title is amended by striking the 

13 item relating to section 6223. 

14 (C) The table of sections at the beginning of 

15 chapter 849 of such title is amended by striking the 

16 item relating to section 8634. 

17 SEC. 573. REPEAL OF LIMITATION ON NUMBER OF ACAD18 EMIES OF DEPARTMENT OF DEFENSE 

19 STARBASE PROGRAM IN A SINGLE STATE. 

20 Section 2193b(c) of title 10, United States Code, is 

21 amended by striking paragraph (3). 

22 SEC. 574. COMBAT VETERANS MENTORING PROGRAM FOR 

23 CURRENT MEMBERS OF THE ARMED FORCES. 

24 (a) PROGRAM REQUIRED.—The Secretary of Defense, 

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1 ments, shall institute a program to give veterans of the 

2 Armed Forces who have served in combat the opportunity 

3 to meet on a regular basis with, to inform, to exchange ideas 

4 with, and to mentor current members of the Armed Forces. 

5 (b) ELEMENTS OF PROGRAM.—The program may 

6 build on existing programs within the military depart7 ments, where they exist, and shall focus on providing mem8 bers of the Armed Forces, particularly military personnel 

9 and leaders at the small unit level, varied perspectives on 

10 both the human and military aspects of war from those who 

11 have experienced it. In carrying out the program, the Sec12 retary shall seek to provide opportunities for the combat vet13 erans not only to meet with current members of the Armed 

14 Forces before and after their deployment to combat zones, 

15 but also during deployments. 

16 SEC. 575. RECOGNITION OF MEMBERS OF THE MONUMENTS, 

17 FINE ARTS, AND ARCHIVES PROGRAM OF THE 

18 CIVIL AFFAIRS AND MILITARY GOVERNMENT 

19 SECTIONS OF THE ARMED FORCES DURING 

20 AND FOLLOWING WORLD WAR II. 

21 Congress hereby— 

22 (1) recognizes the men and women who served in 

23 the Monuments, Fine Arts, and Archives program 

24 (MFAA) under the Civil Affairs and Military Govern25 ment Sections of the United States Armed Forces for 

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1 their heroic role in the preservation, protection, and 

2 restitution of monuments, works of art, and other ar3 tifacts of inestimable cultural importance in Europe 

4 and Asia during and following World War II; 

5 (2) recognizes that without their dedication and 

6 service, many more of the world’s artistic and historic 

7 treasures would have been destroyed or lost forever 

8 amidst the chaos and destruction of World War II; 

9 (3) acknowledges that the detailed catalogues, 

10 documentation, inventories, and photographs devel11 oped and compiled by MFAA personnel during and 

12 following World War II, have made, and continue to 

13 make, possible the restitution of stolen works of art to 

14 their rightful owners; and 

15 (4) commends and extols the members of the 

16 MFAA for establishing a precedent for action to pro17 tect cultural property in the event of armed conflict, 

18 and by their action setting a standard not just for 

19 one country, but for people of all nations to acknowl20 edge and uphold. 

21 SEC. 576. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY 

22 OF THE VIETNAM WAR. 

23 (a) COMMEMORATIVE PROGRAM.—The Secretary of 

24 Defense shall conduct a program to commemorate the 50th 

25 anniversary of the Vietnam War. In conducting the commstockstill on PROD1PC66 with BILLS

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1 memorative program, the Secretary shall coordinate, sup2 port, and facilitate other programs and activities of the 

3 Federal Government, State and local governments, and 

4 other persons and organizations in commemoration of the 

5 Vietnam War. 

6 (b) COMMENCEMENT AND DURATION OF PROGRAM.— 

7 The commemorative program shall commence not later than 

8 180 days after the date of the enactment of this Act and 

9 continue through December 31, 2025. The Secretary of De10 fense shall determine the schedule of major events and pri11 ority of efforts during that period in order to ensure 

12 achievement of the objectives specified in subsection (c). 

13 (c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.— 

14 The commemorative program may include activities and 

15 ceremonies to achieve the following objectives: 

16 (1) To thank and honor veterans of the Vietnam 

17 War, including personnel who were held as prisoners 

18 of war or listed as missing in action, for their service 

19 and sacrifice on behalf of the United States and to 

20 thank and honor the families of these veterans. 

21 (2) To highlight the service of the Armed Forces 

22 during the Vietnam War and the contributions of 

23 Federal agencies and governmental and non-govern24 mental organizations that served with, or in support 

25 of, the Armed Forces. 

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1 (3) To pay tribute to the contributions made on 

2 the home front by the people of the United States dur3 ing the Vietnam War. 

4 (4) To highlight the advances in technology, 

5 science, and medicine related to military research 

6 conducted during the Vietnam War. 

7 (5) To recognize the contributions and sacrifices 

8 made by the allies of the United States during the 

9 Vietnam War. 

10 (d) NAMES AND SYMBOLS.—The Secretary of Defense 

11 shall have the sole and exclusive right to use the name ‘‘The 

12 United States of America Vietnam War Commemoration’’, 

13 and such seal, emblems, and badges incorporating such 

14 name as the Secretary may lawfully adopt. Nothing in this 

15 section may be construed to supersede rights that are estab16 lished or vested before the date of the enactment of this Act. 

17 (e) COMMEMORATIVE FUND.— 

18 (1) ESTABLISHMENT AND ADMINISTRATION.— 

19 There is established in the Treasury of the United 

20 States an account to be known as the ‘‘Department of 

21 Defense Vietnam War Commemoration Fund’’ (in 

22 this section referred to as the ‘‘Fund’’). The Fund 

23 shall be administered by the Secretary of Defense. 

24 (2) USE OF FUND.—The Secretary shall use the 

25 assets of the Fund only for the purpose of conducting 

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1 the commemorative program and shall prescribe such 

2 regulations regarding the use of the Fund as the Sec3 retary considers to be necessary. 

4 (3) DEPOSITS.—There shall be deposited into the 

5 Fund— 

6 (A) amounts appropriated to the Fund; 

7 (B) proceeds derived from the Secretary’s 

8 use of the exclusive rights described in subsection 

9 (d); 

10 (C) donations made in support of the com11 memorative program by private and corporate 

12 donors; and 

13 (D) funds transferred to the Fund by the 

14 Secretary from funds appropriated for fiscal 

15 year 2008 and subsequent years for the Depart16 ment of Defense. 

17 (4) AVAILABILITY.—Subject to subsection (g)(2), 

18 amounts deposited under paragraph (3) shall con19 stitute the assets of the Fund and remain available 

20 until expended. 

21 (5) BUDGET REQUEST.—Beginning with the 

22 budget justification materials submitted by the Sec23 retary in support of the budget of the President for 

24 fiscal year 2009, the Secretary shall establish a sepa25 rate budget line for the commemorative program. In 

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1 the budget justification materials, the Secretary 

2 shall— 

3 (A) identify and explain the amounts ex4 pended for the commemorative program in the 

5 year preceding the budget request; 

6 (B) identify and explain the amounts being 

7 requested to support the commemorative program 

8 for the fiscal year of the budget request and two 

9 subsequent years; and 

10 (C) present a summary of the fiscal status 

11 of the Fund. 

12 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

13 (1) AUTHORITY TO ACCEPT SERVICES.—Notwith14 standing section 1342 of title 31, United States Code, 

15 the Secretary of Defense may accept from any person 

16 voluntary services to be provided in furtherance of the 

17 commemorative program. 

18 (2) TREATMENT OF VOLUNTEERS.—A person 

19 providing voluntary services under this subsection 

20 shall be considered to be a Federal employee for pur21 poses of chapter 81 of title 5, United States Code, re22 lating to compensation for work-related injuries. The 

23 person shall also be considered a special governmental 

24 employee for purposes of standards of conduct and 

25 sections 202, 203, 205, 207, 208, and 209 of title 18, 

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1 United States Code. A person who is not otherwise 

2 employed by the Federal Government shall not be con3 sidered to be a Federal employee for any other pur4 pose by reason of the provision of voluntary services 

5 under this subsection. 

6 (3) REIMBURSEMENT OF INCIDENTAL EX7 PENSES.—The Secretary may provide for reimburse8 ment of incidental expenses incurred by a person pro9 viding voluntary services under this subsection. The 

10 Secretary shall determine which expenses are eligible 

11 for reimbursement under this paragraph. 

12 (g) FINAL REPORT.— 

13 (1) REPORT REQUIRED.—Not later than 60 days 

14 after the end of the commemorative period specified in 

15 subsection (b), the Secretary of Defense shall submit 

16 to Congress a report containing an accounting of— 

17 (A) all of the funds deposited into and ex18 pended from the Fund; 

19 (B) any other funds expended under this 

20 section; and 

21 (C) any unobligated funds remaining in the 

22 Fund. 

23 (2) TREATMENT OF UNOBLIGATED FUNDS.—Un24 obligated amounts remaining in the Fund as of the 

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1 section (b) shall be held in the Fund until transferred 

2 by law. 

3 (h) LIMITATION ON EXPENDITURES.—Total expendi4 tures from the Fund, using amounts appropriated to the 

5 Department of Defense, may not exceed $5,000,000 for fiscal 

6 year 2008 or for any subsequent fiscal year to carry out 

7 the commemorative program. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated $3,000,000 to the Fund for 

10 fiscal year 2008. 

11 TITLE VI—COMPENSATION AND 

12 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a 

primary residence. 

Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 604. Participation of members of the uniformed services in Thrift Savings 

Plan. 

Sec. 605. Enhancement of referral bonus to encourage service in the Army. 

Sec. 606. Guaranteed pay increase for members of the Armed Forces of one-half 

of one percentage point higher than Employment Cost Index. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

forces. 

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

professionals. 

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

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

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

medical officers. 

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

Sec. 617. Definition of sea duty for career sea pay to include multi-crew ships. 

Sec. 618. Reenlistment bonus for members of the Selected Reserve. 

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Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 620. Availability of nuclear officer continuation pay for officers with more 

than 26 years of commissioned service. 

Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. 

Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. 

Sec. 623. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Sec. 624. Increase in maximum monthly rate of hardship duty pay. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Allowance for participation in Reserve screening conducted through 

electronic means. 

Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. 

Sec. 633. Moving expenses for JROTC instructors who agree to serve in hard-tofill positions. 

Sec. 634. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Disregarding periods of confinement of member in determining benefits 

for dependents who are victims of abuse by the member. 

Sec. 642. Continuation of authority for members of the Armed Forces to designate 

a recipient for a portion of the death gratuity. 

Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset 

for dependency and indemnity compensation. 

Sec. 644. Special survivor indemnity allowance for persons affected by required 

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Expansion of combat-related special compensation eligibility for chapter 

61 military retirees with fewer than 20 years of creditable service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Access to Defense Commissary and Exchange System by surviving 

spouse and dependents of certain disabled veterans. 

Sec. 652. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. 

Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the 

United States. 

Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus 

Authorities 

Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 

uniformed services. 

Sec. 662. Transitional provisions. 

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Subtitle G—Other Matters 

Sec. 671. Expansion of education loan repayment program for members of the Selected Reserve. 

Sec. 672. Ensuring entry into United States after time abroad for permanent 

resident alien military spouses and children. 

Sec. 673. Overseas naturalization for military spouses and children. 

1 Subtitle A—Pay and Allowances 

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

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad5 justment to become effective during fiscal year 2008 re6 quired by section 1009 of title 37, United States Code, in 

7 the rates of monthly basic pay authorized members of the 

8 uniformed services shall not be made. 

9 (b) INCREASE IN BASIC PAY.—Effective on January 

10 1, 2008, the rates of monthly basic pay for members of the 

11 uniformed services are increased by 3.5 percent. 

12 (c) SOURCE OF FUNDS FOR PORTION OF FISCAL YEAR

13 2008 OBLIGATIONS.—During fiscal year 2008, the funds 

14 necessary to satisfy the obligations incurred by the Depart15 ment of Defense to provide the increase under subsection 

16 (b) in the rates of monthly basic pay for members of the 

17 Army, Navy, Air Force, and Marine Corps in excess of 3 

18 percent shall be derived from amounts appropriated pursu19 ant to the authorization of appropriations in section 1514 

20 for military personnel accounts of the Department. 

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1 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 

2 COMPONENT MEMBERS WITHOUT DEPEND3 ENTS WHO ATTEND ACCESSION TRAINING 

4 WHILE MAINTAINING A PRIMARY RESIDENCE. 

5 (a) AVAILABILITY OF ALLOWANCE.—Section 403(g)(1) 

6 of title 37, United States Code, is amended— 

7 (1) by inserting ‘‘to attend accession training,’’ 

8 after ‘‘active duty’’ the first place it appears; and 

9 (2) by inserting a comma after ‘‘contingency op10 eration’’ the first place it appears. 

11 (b) SOURCE OF FUNDS FOR PORTION OF FISCAL YEAR

12 2008 OBLIGATIONS.—During fiscal year 2008, the funds 

13 necessary to satisfy the obligations incurred by the Depart14 ment of Defense as a result of the amendment made by sub15 section (a)(1) to provide a basic allowance for housing for 

16 reserve component members without dependents who attend 

17 accession training while maintaining a primary residence 

18 shall be derived from amounts appropriated pursuant to 

19 the authorization of appropriations in section 1514 for 

20 military personnel accounts of the Department. 

21 (c) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall apply with respect to months beginning 

23 on or after October 1, 2007. 

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1 SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RESERVE 

2 COMPONENT MEMBERS EXPERIENCING EX3 TENDED AND FREQUENT MOBILIZATION FOR 

4 ACTIVE DUTY SERVICE. 

5 (a) CLARIFICATION REGARDING WHEN PAYMENTS RE6 QUIRED.—Subsection (a) of section 910 of title 37, United 

7 States Code, is amended by inserting before the period at 

8 the end of the first sentence the following: ‘‘, when the total 

9 monthly military compensation of the member is less than 

10 the average monthly civilian income of the member’’. 

11 (b) ELIGIBILITY.—Subsection (b) of such section is 

12 amended to read as follows: 

13 ‘‘(b) ELIGIBILITY.—(1) A member of a reserve compo14 nent is entitled to a payment under this section for any 

15 full month of active duty of the member, when the total 

16 monthly military compensation of the member is less than 

17 the average monthly civilian income of the member, while 

18 the member is on active duty under an involuntary mobili19 zation order, following the date on which the member— 

20 ‘‘(A) completes 540 continuous days of service on 

21 active duty under an involuntary mobilization order; 

22 ‘‘(B) completes 720 cumulative days on active 

23 duty under an involuntary mobilization order during 

24 the previous 1,800 days; or 

25 ‘‘(C) is involuntarily mobilized for service on ac26 tive duty for a period of 180 days or more within 180 

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1 days after the date of the member’s separation from 

2 a previous period of active duty for a period of 180 

3 days or more. 

4 ‘‘(2) The entitlement of a member of a reserve compo5 nent to a payment under this section also shall commence 

6 or, if previously commenced under paragraph (1), shall con7 tinue if the member— 

8 ‘‘(A) satisfies the required number of days on ac9 tive duty specified in subparagraph (A) or (B) of 

10 paragraph (1) or was involuntarily mobilized as pro11 vided in subparagraph (C) of such paragraph; and 

12 ‘‘(B) is retained on active duty under subpara13 graph (A) or (B) of section 12301(h)(1) of title 10 be14 cause of an injury or illness incurred or aggravated 

15 while the member was assigned to duty in an area for 

16 which special pay under section 310 of this title is 

17 available.’’. 

18 (c) TERMINATION OF AUTHORITY.—Subsection (g) of 

19 such section is amended to read as follows: 

20 ‘‘(g) TERMINATION.—No payment shall be made to a 

21 member under this section for months beginning after De22 cember 31, 2008, unless the entitlement of the member to 

23 payments under this section commenced on or before that 

24 date.’’. 

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1 SEC. 604. PARTICIPATION OF MEMBERS OF THE UNI2 FORMED SERVICES IN THRIFT SAVINGS PLAN. 

3 (a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CON4 TRIBUTIONS.—Section 1014 of title 37, United States Code, 

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(c) Notwithstanding subsection (a), in the case of a 

8 member of the uniformed services who has elected to partici9 pate in the Thrift Savings Plan under section 211 of this 

10 title, one-half of the monthly contribution of the member 

11 to the Plan shall be made in midmonth.’’. 

12 (b) SEMI-MONTHLY REPAYMENT OF BORROWED

13 AMOUNTS.—Section 211 of such title is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(e) REPAYMENT OF AMOUNTS BORROWED FROM

16 MEMBER ACCOUNT.—If a loan is issued to a member under 

17 section 8433(g) of title 5 from funds in the member’s ac18 count in the Thrift Savings Plan, repayment of the loan 

19 shall be required on the same semi-monthly basis as author20 ized for contributions to the Fund under section 1014(c) 

21 of this title.’’. 

22 SEC. 605. ENHANCEMENT OF REFERRAL BONUS TO EN23 COURAGE SERVICE IN THE ARMY. 

24 (a) INDIVIDUALS ELIGIBLE FOR BONUS.—Section 645 

25 of the National Defense Authorization Act for Fiscal Year 

26 2006 (Public Law 109–163; 119 Stat. 3310) is amended— 

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1 (1) in subsection (a)(1), by striking ‘‘enlists’’ 

2 and inserting ‘‘enlists, or is appointed as an officer 

3 to serve in a health profession designated by the Sec4 retary,’’; and 

5 (2) in subsection (b), by inserting ‘‘or appoint6 ment’’ after ‘‘enlisting’’ both places it appears. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply with respect to bonuses payable under 

9 section 645 of the National Defense Authorization Act for 

10 Fiscal Year 2006 on or after the date of the enactment of 

11 this Act. 

12 SEC. 606. GUARANTEED PAY INCREASE FOR MEMBERS OF 

13 THE ARMED FORCES OF ONE-HALF OF ONE 

14 PERCENTAGE POINT HIGHER THAN EMPLOY15 MENT COST INDEX. 

16 (a) INCREASE.—Section 1009(c)(2) of title 37, United 

17 States Code, is amended ‘‘fiscal years 2004, 2005, and 

18 2006’’ and inserting ‘‘fiscal years 2009 through 2012’’. 

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall only apply with respect to the Army, Navy, 

21 Air Force and Marine Corps, including reserve components 

22 thereof. 

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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

4 PAY AUTHORITIES FOR RESERVE FORCES. 

5 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

6 Section 308b(g) of title 37, United States Code, is amended 

7 by striking ‘‘December 31, 2007’’ and inserting ‘‘December 

8 31, 2009’’. 

9 (b) SELECTED RESERVE AFFILIATION OR ENLISTMENT

10 BONUS.—Section 308c(i) of such title is amended by strik11 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

12 2009’’. 

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

14 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 

15 such title is amended by striking ‘‘December 31, 2007’’ and 

16 inserting ‘‘December 31, 2009’’. 

17 (d) READY RESERVE ENLISTMENT BONUS FOR PER18 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

19 such title is amended by striking ‘‘December 31, 2007’’ and 

20 inserting ‘‘December 31, 2009’’. 

21 (e) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec23 tion 308h(e) of such title is amended by striking ‘‘December 

24 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

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1 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

2 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

3 title is amended by striking ‘‘December 31, 2007’’ and in4 serting ‘‘December 31, 2009’’. 

5 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

6 PAY AUTHORITIES FOR HEALTH CARE PRO7 FESSIONALS. 

8 (a) NURSE OFFICER CANDIDATE ACCESSION PRO9 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

10 is amended by striking ‘‘December 31, 2007’’ and inserting 

11 ‘‘December 31, 2009’’. 

12 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

13 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

14 RESERVE.—Section 16302(d) of such title is amended by 

15 striking ‘‘January 1, 2008’’ and inserting ‘‘January 1, 

16 2010’’. 

17 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

18 Section 302d(a)(1) of title 37, United States Code, is 

19 amended by striking ‘‘December 31, 2007’’ and inserting 

20 ‘‘December 31, 2009’’. 

21 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES22 THETISTS.—Section 302e(a)(1) of such title is amended by 

23 striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

24 2009’’. 

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1 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

2 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL3 TIES.—Section 302g(e) of such title is amended by striking 

4 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

5 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec6 tion 302h(a)(1) of such title is amended by striking ‘‘De7 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

8 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

9 Section 302j(a) of such title is amended by striking ‘‘De10 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

11 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

12 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

13 302k(f) of such title is amended by striking ‘‘December 31, 

14 2007’’ and inserting ‘‘December 31, 2009’’. 

15 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI16 CERS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Sec17 tion 302l(g) of such title is amended by striking ‘‘December 

18 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

19 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU20 THORITIES FOR NUCLEAR OFFICERS. 

21 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

22 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(f) 

23 of title 37, United States Code, is amended by striking ‘‘De24 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

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1 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

2 312b(c) of such title is amended by striking ‘‘December 31, 

3 2007’’ and inserting ‘‘December 31, 2009’’. 

4 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

5 Section 312c(d) of such title is amended by striking ‘‘De6 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

7 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY8 MENT OF OTHER BONUSES AND SPECIAL 

9 PAYS. 

10 (a) AVIATION OFFICER RETENTION BONUS.—Section 

11 301b(a) of title 37, United States Code, is amended by strik12 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

13 2009’’. 

14 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of 

15 such title is amended by striking ‘‘December 31, 2008’’ and 

16 inserting ‘‘December 31, 2009’’. 

17 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

18 Section 308(g) of such title is amended by striking ‘‘Decem19 ber 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

20 (d) ENLISTMENT BONUS.—Section 309(e) of such title 

21 is amended by striking ‘‘December 31, 2007’’ and inserting 

22 ‘‘December 31, 2009’’. 

23 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

24 MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

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1 UNITS.—Section 323(i) of such title is amended by striking 

2 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

3 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT4 ICAL SKILLS.—Section 324(g) of such title is amended by 

5 striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

6 2009’’. 

7 (g) INCENTIVE BONUS FOR CONVERSION TO MILITARY

8 OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORT9 AGE.—Section 326(g) of such title is amended by striking 

10 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

11 (h) INCENTIVE BONUS FOR TRANSFER BETWEEN THE

12 ARMED FORCES.—Section 327(h) of such title is amended 

13 by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

14 31, 2010’’. 

15 (i) ACCESSION BONUS FOR OFFICER CANDIDATES.— 

16 Section 330(f) of such title is amended by striking ‘‘Decem17 ber 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

18 (j) ARMY REFERRAL BONUS.—Subsection (h) of sec19 tion 645 of the National Defense Authorization Act for Fis20 cal Year 2006 (Public Law 109–163; 119 Stat. 3310), as 

21 redesignated by section 624(e) of the John Warner National 

22 Defense Authorization Act for Fiscal Year 2007 (Public 

23 Law 109–364; 120 Stat. 2258), is amended by striking ‘‘De24 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

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1 SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND 

2 MULTIYEAR RETENTION BONUS FOR MED3 ICAL OFFICERS. 

4 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 

5 title 37, United States Code, is amended by striking 

6 ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

7 (b) MULTIYEAR RETENTION BONUS.—Section 

8 301d(a)(2) of such title is amended by striking ‘‘$50,000’’ 

9 and inserting ‘‘$75,000’’. 

10 SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE11 CIAL PAY. 

12 Section 302b(a)(4) of title 37, United States Code, is 

13 amended— 

14 (1) by striking ‘‘shall be paid at the following 

15 rates’’ in the matter preceding subparagraph (A) and 

16 inserting ‘‘shall not exceed the following:’’; 

17 (2) in subparagraph (A), by striking ‘‘$4,000’’ 

18 and inserting ‘‘$10,000’’; and 

19 (3) in subparagraph (B), by striking ‘‘$6,000’’ 

20 and inserting ‘‘$12,000’’. 

21 SEC. 617. DEFINITION OF SEA DUTY FOR CAREER SEA PAY 

22 TO INCLUDE MULTI-CREW SHIPS. 

23 Section 305a(e)(1)(A) of title 37, United States Code, 

24 is amended— 

25 (1) by striking ‘‘or’’ at the end of clause (ii); and 

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1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(iv) while serving as an off-cycle crew4 member of a multi-crewed ship; or’’. 

5 SEC. 618. REENLISTMENT BONUS FOR MEMBERS OF THE SE6 LECTED RESERVE. 

7 (a) MINIMUM TERM OF REENLISTMENT OR ENLIST8 MENT EXTENSION.—Subsection (a)(2) of 308b of title 37, 

9 United States Code, is amended by striking ‘‘his enlistment 

10 for a period of three years or for a period of six years’’ 

11 and inserting ‘‘an enlistment for a period of at least three 

12 years’’. 

13 (b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) of 

14 such section is amended by striking ‘‘may not exceed’’ and 

15 all that follows through the end of the paragraph and insert16 ing ‘‘may not exceed $15,000.’’. 

17 (c) CONFORMING AMENDMENT REGARDING ELIGI18 BILITY REQUIREMENTS.—Subsection (c) of such section is 

19 amended— 

20 (1) by striking the subsection heading and para21 graph (1) and inserting ‘‘WAIVER OF CONDITION ON

22 ELIGIBILITY.—’’; and 

23 (2) by striking ‘‘paragraph (1)(B) or’’. 

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1 SEC. 619. AVAILABILITY OF SELECTED RESERVE ACCESSION 

2 BONUS FOR PERSONS WHO PREVIOUSLY 

3 SERVED IN THE ARMED FORCES FOR A 

4 SHORT PERIOD. 

5 Section 308c(c)(1) of title 37, United States Code, is 

6 amended by inserting before the semicolon the following: ‘‘or 

7 has served in the armed forces, but was released from such 

8 service before completing the basic training requirements of 

9 the armed force of which the person was a member and the 

10 service was characterized as either honorable or 

11 uncharacterized’’. 

12 SEC. 620. AVAILABILITY OF NUCLEAR OFFICER CONTINU13 ATION PAY FOR OFFICERS WITH MORE THAN 

14 26 YEARS OF COMMISSIONED SERVICE. 

15 Section 312 of title 37, United States Code, is amend16 ed— 

17 (1) in subsection (a)(3), by striking ‘‘26 years’’ 

18 and inserting ‘‘30 years’’; and 

19 (2) in subsection (e)(1), by striking ‘‘26 years’’ 

20 and inserting ‘‘30 years’’. 

21 SEC. 621. WAIVER OF YEARS-OF-SERVICE LIMITATION ON 

22 RECEIPT OF CRITICAL SKILLS RETENTION 

23 BONUS. 

24 Section 323(e) of title 37, United States Code, is 

25 amended by adding at the end the following new paragraph: 

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1 ‘‘(4) The Secretary of Defense, or the Secretary of 

2 Homeland Security with respect to the Coast Guard when 

3 it is not operating as a service in the Navy, may waive 

4 the limitations in paragraph (1) with respect to a member 

5 who, during the period of active duty or service in an active 

6 status in a reserve component for which the bonus is being 

7 offered, is assigned duties in a skill designated as critical 

8 under subsection (b)(1). The authority to grant a waiver 

9 under this paragraph may not be delegated below the Un10 dersecretary of Defense for Personnel and Readiness or the 

11 Deputy Secretary of the Department of Homeland Secu12 rity.’’. 

13 SEC. 622. ACCESSION BONUS FOR PARTICIPANTS IN THE 

14 ARMED FORCES HEALTH PROFESSIONAL 

15 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

16 PROGRAM. 

17 (a) ACCESSION BONUS AUTHORIZED.—Subchapter I 

18 of chapter 105 of title 10, United States Code, is amended 

19 by adding at the end the following new section: 

20 ‘‘§ 2128. Accession bonus for members of the program 

21 ‘‘(a) AVAILABILITY OF BONUS.—The Secretary of De22 fense may offer a person who enters into an agreement 

23 under section 2122(a)(2) of this title an accession bonus of 

24 not more than $20,000 as part of the agreement. 

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1 ‘‘(b) REPAYMENT.—A person who receives an accession 

2 bonus under this section, but fails to comply with the agree3 ment under section 2122(a)(2) of this title or to commence 

4 or complete the active duty obligation imposed by section 

5 2123 of this title, shall be subject to the repayment provi6 sions of section 303a(e) of title 37.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such subchapter is amended by adding at 

9 the end the following new item: 

‘‘2128. Accession bonus for members of the program.’’. 

10 SEC. 623. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR 

11 RESERVE MEMBERS SERVING IN COMBAT 

12 ZONE FOR MORE THAN 22 MONTHS. 

13 (a) PAYMENT.—The Secretary of a military depart14 ment may pay assignment incentive pay under section 

15 307a of title 37, United States Code, to a member of a re16 serve component under the jurisdiction of the Secretary for 

17 each month during the eligibility period of the member de18 termined under subsection (b) during which the member 

19 served for any portion of the month in a combat zone associ20 ated with Operating Enduring Freedom or Operation Iraqi 

21 Freedom in excess of 22 months of qualifying service. 

22 (b) ELIGIBILITY PERIOD.—The eligibility period for a 

23 member extends from January 1, 2005, through the end of 

24 the active duty service of the member in a combat zone asso25 ciated with Operating Enduring Freedom or Operation 

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1 Iraqi Freedom if the service on active duty during the mem2 ber’s most recent period of mobilization to active duty began 

3 before January 19, 2007. 

4 (c) AMOUNT OF PAYMENT.—The monthly rate of incen5 tive pay payable to a member under this section is $1,000. 

6 (d) QUALIFYING SERVICE.—For purposes of this sec7 tion, qualifying service includes cumulative mobilized serv8 ice on active duty under sections 12301(d), 12302, and 

9 12304 of title 10, United States Code, during the period 

10 beginning on January 1, 2003, through the end of the mem11 ber’s active duty service during the member’s most recent 

12 period of mobilization to active duty beginning before Janu13 ary 19, 2007. 

14 SEC. 624. INCREASE IN MAXIMUM MONTHLY RATE OF HARD15 SHIP DUTY PAY. 

16 (a) INCREASE.—Effective October 1, 2007, section 

17 305(a) of title 37, United States Code, is amended by strik18 ing ‘‘$750’’ and inserting ‘‘$1,500’’. 

19 (b) FUNDING SOURCE.—Of the amounts authorized to 

20 be appropriated to the Department of Defense for military 

21 personnel accounts for fiscal year 2008, not more than 

22 $79,000,000 shall be available to cover the additional costs 

23 incurred to implement the amendment made by subsection 

24 (a). 

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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. ALLOWANCE FOR PARTICIPATION IN RESERVE 

4 SCREENING CONDUCTED THROUGH ELEC5 TRONIC MEANS. 

6 (a) ALLOWANCE FOR ELECTRONIC RESERVE SCREEN7 ING.—Section 433 of title 37, United States Code, is amend8 ed— 

9 (1) in subsection (a), by inserting ‘‘ALLOWANCE

10 FOR MUSTER DUTY.—(1)’’ before ‘‘Under’’; 

11 (2) by redesignating subsection (b) as paragraph 

12 (2) of subsection (a), and in such paragraph, as so re13 designated, by striking ‘‘this section’’ and inserting 

14 ‘‘paragraph (1)’’; and 

15 (3) by inserting before subsection (c) the fol16 lowing new subsection (b): 

17 ‘‘(b) ALLOWANCE FOR ELECTRONIC SCREENING.—(1) 

18 Under uniform regulations prescribed by the Secretaries 

19 concerned, a member of the Individual Ready Reserve may 

20 be paid a stipend when the member participates, through 

21 electronic means, in the screening performed pursuant to 

22 section 10149 of title 10, in lieu of muster duty performed 

23 under section 12319 of such title. 

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1 ‘‘(2) The amount of the stipend paid to a member 

2 under paragraph (1) may not exceed $50 in any calendar 

3 year.’’. 

4 (b) PAYMENT REQUIREMENTS.—Subsection (c) of such 

5 section is amended— 

6 (1) by inserting ‘‘PAYMENT REQUIREMENTS.—’’ 

7 before the first sentence; 

8 (2) by striking ‘‘allowance’’ each place it appears 

9 and inserting ‘‘allowances’’; 

10 (3) by inserting ‘‘or screening’’ after ‘‘muster 

11 duty’’ both places it appears; and 

12 (4) by striking ‘‘serving, as commutation’’ and 

13 inserting ‘‘serving. The allowance under subsection 

14 (a) is provided as commutation’’. 

15 (c) PROHIBITIONS.—Such section is further amend16 ed— 

17 (1) in subsection (d)— 

18 (A) by inserting ‘‘BAR TO INACTIVE DUTY

19 COMPENSATION.—’’ before ‘‘A member’’; and 

20 (B) by inserting ‘‘or screening through elec21 tronic means’’ after ‘‘muster duty’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(e) BAR TO RETIREMENT CREDIT.—The participa25 tion by a member in screening for which a stipend is paid 

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1 under subsection (b) shall not be credited in determining 

2 entitlement to, or in computing, retired pay under chapter 

3 1223 of title 10.’’. 

4 (d) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of such sec6 tion is amended to read as follows: 

7 ‘‘§ 433. Allowance for muster duty or for participation 

8 in Reserve screening’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

10 at the beginning of chapter 7 of title 37, United 

11 States Code, is amended by striking the item relating 

12 to section 433 and inserting the following new item: 

‘‘433. Allowance for muster duty or for participation in Reserve screening.’’. 

13 (e) CONFORMING AMENDMENTS TO OTHER LAWS.— 

14 (1) BAR TO DUAL COMPENSATION FOR INACTIVE15 DUTY TRAINING.—Section 206 of such title is amend16 ed by adding at the end the following new subsection: 

17 ‘‘(f) A member of the National Guard or of a reserve 

18 component of a uniformed service may not be paid under 

19 this section if the member receives a stipend under section 

20 433(b) of this title for the same period.’’. 

21 (2) BAR TO RETIREMENT CREDIT.—Section 

22 12732(b) of title 10, United States Code, is amended 

23 by inserting after paragraph (7) the following new 

24 paragraph: 

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1 ‘‘(8) Participation, through electronic means, in 

2 the screening performed pursuant to section 10149 of 

3 this title, regardless of whether or not a stipend is 

4 paid under section 433(b) of title 37 for such partici5 pation.’’. 

6 SEC. 632. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEM7 BERS OF THE ARMED FORCES TRAVELING IN 

8 CONNECTION WITH MEDICAL EVACUATION. 

9 Section 1047(a) of title 10, United States Code, is 

10 amended by inserting ‘‘and luggage’’ after ‘‘civilian cloth11 ing’’ both places it appears. 

12 SEC. 633. MOVING EXPENSES FOR JROTC INSTRUCTORS 

13 WHO AGREE TO SERVE IN HARD-TO-FILL PO14 SITIONS. 

15 Section 2031(d) of title 10, United States Code, is 

16 amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph (2): 

21 ‘‘(2)(A) An individual so employed may, if the 

22 institution concerned so agrees, be reimbursed by the 

23 institution for the moving expenses incurred by the 

24 individual to fill the position concerned, separate 

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1 ject to subparagraph (B), the Secretary concerned 

2 may enter into an agreement with such an institution 

3 under which the Secretary reimburses the institution 

4 for the amount the institution reimburses the indi5 vidual. Reimbursements by the Secretary concerned 

6 under this paragraph shall be made from funds ap7 propriated for that purpose. 

8 ‘‘(B) Such a reimbursement by the Secretary 

9 concerned may be made only if, as determined by the 

10 Secretary concerned— 

11 ‘‘(i) the position to be filled by the indi12 vidual is a hard-to-fill position, based on geo13 graphic or economic factors; 

14 ‘‘(ii) the individual has entered into a writ15 ten agreement with the institution to serve in 

16 that position for at least two years; and 

17 ‘‘(iii) making the reimbursement is in the 

18 national interest.’’. 

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1 SEC. 634. TRANSPORTATION OF ADDITIONAL MOTOR VEHI2 CLE OF MEMBERS ON CHANGE OF PERMA3 NENT STATION TO OR FROM NONFOREIGN 

4 AREAS OUTSIDE THE CONTINENTAL UNITED 

5 STATES. 

6 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

7 VEHICLE.—Subsection (a) of section 2634 of title 10, 

8 United States Code, is amended— 

9 (1) by striking the sentence following paragraph 

10 (4); 

11 (2) by redesignating paragraphs (1), (2), (3), 

12 and (4) as subparagraphs (A), (B), (C), and (D), re13 spectively; 

14 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

15 (4) by adding at the end the following new para16 graph: 

17 ‘‘(2) One additional motor vehicle of a member (or a 

18 dependent of the member) may be transported as provided 

19 in paragraph (1) if— 

20 ‘‘(A) the member is ordered to make a change of 

21 permanent station to or from a nonforeign area out22 side the continental United States and the member 

23 has at least one dependent of driving age who will use 

24 the motor vehicle; or 

25 ‘‘(B) the Secretary concerned determines that a 

26 replacement for the motor vehicle transported under 

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1 paragraph (1) is necessary for reasons beyond the 

2 control of the member and is in the interest of the 

3 United States and the Secretary approves the trans4 portation in advance.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 Such subsection is further amended— 

7 (1) by striking ‘‘his dependents’’ and inserting 

8 ‘‘a dependent of the member’’; 

9 (2) by striking ‘‘him’’ and inserting ‘‘the mem10 ber’’; 

11 (3) by striking ‘‘his)’’ and inserting ‘‘the mem12 ber)’’; 

13 (4) by striking ‘‘his new’’ and inserting ‘‘the 

14 member’s new’’; and 

15 (5) in paragraph (1)(C), as redesignated by sub16 section (a), by striking ‘‘clauses (1) and (2)’’ and in17 serting ‘‘subparagraphs (A) and (B)’’. 

18 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub19 section (a) of section 2634 of title 10, United States Code, 

20 as added by subsection (a)(4), shall apply with respect to 

21 orders issued on or after the date of the enactment of this 

22 Act for members of the Armed Forces to make a change of 

23 permanent station to or from nonforeign areas outside the 

24 continental United States. 

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1 SEC. 635. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL 

2 COSTS FOR CERTAIN SELECTED RESERVE 

3 MEMBERS. 

4 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

5 Chapter 7 of title 37, United States Code, is amended by 

6 inserting after section 408 the following new section: 

7 ‘‘§ 408a. Travel and transportation allowances: inac8 tive duty training or unit training assem9 bly outside of commuting distance of duty 

10 station 

11 ‘‘(a) ALLOWANCE AUTHORIZED.—Under regulations 

12 prescribed by the Secretary concerned, if a member of the 

13 Selected Reserve who occupies a specialty designated by the 

14 Secretary for purposes of this section performs inactive duty 

15 training or attends a unit training assembly outside of the 

16 commuting limits of the member’s station for the purpose 

17 of maintaining mission readiness, the Secretary may reim18 burse the member for travel expenses in an amount not to 

19 exceed $300 for the training or assembly. 

20 ‘‘(b) DURATION OF AUTHORITY.—Reimbursement may 

21 not be provided under this section for travel costs incurred 

22 before October 1, 2008, or after December 31, 2014.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of such chapter is amended by inserting after 

25 the item relating to section 408 the following new item: 

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‘‘408a. Travel and transportation allowances: inactive duty training or unit 

training assembly outside of commuting distance of duty station.’’. 

1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. DISREGARDING PERIODS OF CONFINEMENT OF 

4 MEMBER IN DETERMINING BENEFITS FOR DE5 PENDENTS WHO ARE VICTIMS OF ABUSE BY 

6 THE MEMBER. 

7 Section 1408(h)(10) of title 10, United States Code, is 

8 amended by adding at the end the following new subpara9 graph: 

10 ‘‘(C) In determining under paragraph (2)(A) whether 

11 a member of the armed forces became eligible to be retired 

12 from the armed forces on the basis of years of service so 

13 that a spouse or dependent child of the member is eligible 

14 to receive payment under this subsection, the Secretary con15 cerned shall consider as creditable service by the member 

16 any periods of confinement served by the member before con17 vening authority action on the record of trial related to the 

18 misconduct that resulted in the termination of the eligi19 bility of the member to receive retired pay.’’. 

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1 SEC. 642. CONTINUATION OF AUTHORITY FOR MEMBERS OF 

2 THE ARMED FORCES TO DESIGNATE A RE3 CIPIENT FOR A PORTION OF THE DEATH GRA4 TUITY. 

5 Effective as of October 1, 2007, subsection (d) of section 

6 1477 of title 10, United States Code, as amended by section 

7 1316 of the U.S. Troop Readiness, Veterans’ Care, Katrina 

8 Recovery, and Iraq Accountability Appropriations Act, 

9 2007, is amended by striking ‘‘During the period beginning 

10 on the date of the enactment of this subsection and ending 

11 on September 30, 2007, a person’’ and inserting ‘‘A per12 son’’. 

13 SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PRE14 VIOUSLY PAID, BUT SUBJECT TO OFFSET FOR 

15 DEPENDENCY AND INDEMNITY COMPENSA16 TION. 

17 (a) LIMITATION ON RECOUPMENT; NOTIFICATION RE18 QUIREMENTS.—Section 1450(c) of title 10, United States 

19 Code, is amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET

22 AMOUNT.—Any amount subject to offset under this 

23 subsection that was previously paid to the surviving 

24 spouse or former spouse shall be recouped only to the 

25 extent that the amount paid exceeds any amount to 

26 be refunded under subsection (e). In notifying a surmstockstill on PROD1PC66 with BILLS

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1 viving spouse or former spouse of the recoupment re2 quirement, the Secretary shall provide the spouse or 

3 former spouse— 

4 ‘‘(A) a single notice of the net amount to be 

5 recouped or the net amount to be refunded, as 

6 applicable, under this subsection or subsection 

7 (e); 

8 ‘‘(B) a written explanation of the statutory 

9 requirements for recoupment of the offset amount 

10 and for refund of any applicable amount de11 ducted from retired pay; 

12 ‘‘(C) a detailed accounting of how the offset 

13 amount being recouped and retired pay deduc14 tion amount being refunded were calculated; and 

15 ‘‘(D) contact information for a person who 

16 can provide information about the offset 

17 recoupment and retired pay deduction refund 

18 processes and answer questions the surviving 

19 spouse or former spouse may have about the re20 quirements, processes, or amounts.’’. 

21 (b) APPLICATION.—Paragraph (3) of subsection (c) of 

22 section 1450 of title 10, United States Code, as added by 

23 subsection (a), shall apply with respect to the recoupment 

24 on or after April 1, 2008, of amounts subject to offset under 

25 such subsection. 

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1 SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 

2 PERSONS AFFECTED BY REQUIRED SURVIVOR 

3 BENEFIT PLAN ANNUITY OFFSET FOR DE4 PENDENCY AND INDEMNITY COMPENSATION. 

5 (a) PROVISION OF ALLOWANCE.—Section 1450 of title 

6 10, United States Code, is amended by adding at the end 

7 the following new subsection: 

8 ‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 

9 ‘‘(1) PROVISION OF ALLOWANCE.—The Secretary 

10 concerned shall pay a monthly special survivor in11 demnity allowance under this subsection to the sur12 viving spouse or former spouse of a member of the 

13 uniformed services to whom section 1448 of this title 

14 applies if— 

15 ‘‘(A) the surviving spouse or former spouse 

16 is entitled to dependency and indemnity com17 pensation under section 1311(a) of title 38; and 

18 ‘‘(B) the eligibility of the surviving spouse 

19 or former spouse for an annuity under section 

20 1448 of this title is affected by subsection (c) of 

21 this section. 

22 ‘‘(2) AMOUNT OF PAYMENT.—The amount of the 

23 allowance paid to an eligible survivor under para24 graph (1) for a month shall be equal to the lesser of— 

25 ‘‘(A) $40; or 

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1 ‘‘(B) the amount of the annuity for that 

2 month subject to offset under subsection (c). 

3 ‘‘(3) STATUS OF PAYMENTS.—An allowance paid 

4 under this subsection does not constitute an annuity, 

5 and amounts so paid are not subject to adjustment 

6 under any other provision of law. 

7 ‘‘(4) SOURCE OF FUNDS.—The special survivor 

8 indemnity allowance shall be paid from amounts in 

9 the Department of Defense Military Retirement Fund 

10 established under section 1461 of this title.’’. 

11 (b) EFFECTIVE DATE.—Subsection (m) of section 1450 

12 of title 10, United States Code, as added by subsection (a), 

13 shall take effect on October 1, 2008, and shall apply to the 

14 month beginning on that date and subsequent months 

15 through the month ending on February 28, 2016. Effective 

16 on March 1, 2016, such subsection shall terminate. No spe17 cial survivor indemnity allowance may be paid to any per18 son by reason of such subsection for any period before Octo19 ber 1, 2008. 

20 SEC. 645. EXPANSION OF COMBAT-RELATED SPECIAL COM21 PENSATION ELIGIBILITY FOR CHAPTER 61 

22 MILITARY RETIREES WITH FEWER THAN 20 

23 YEARS OF CREDITABLE SERVICE. 

24 (a) ELIGIBILITY.—Subsection (c) of section 1413a of 

25 title 10, United States Code, is amended by striking ‘‘entimstockstill on PROD1PC66 with BILLS

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1 tled to retired pay who—’’ and all that follows through the 

2 end of paragraph (1) and inserting the following: ‘‘who— 

3 ‘‘(1) is entitled to retired pay (other than by rea4 son of section 12731b of this title); and’’. 

5 (b) COMPUTATION.—Subsection (b) of such section is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘In the case 

8 of’’ and inserting ‘‘Subject to paragraph (4), in the 

9 case of’’; and 

10 (2) by adding at the end the following new para11 graph: 

12 ‘‘(4) CHAPTER 61 DISABILITY RETIREES WITH

13 FEWER THAN 20 YEARS OF SERVICE.—In the case of 

14 an eligible combat-related disabled uniformed services 

15 retiree who is retired under chapter 61 of this title 

16 with at least 15 years of creditable service, but fewer 

17 than 20 years of creditable service, and who receives 

18 veterans disability compensation for a disability 

19 rated at least 60 percent, the amount of the payment 

20 under paragraph (1) for any month shall be reduced 

21 by the amount (if any) by which— 

22 ‘‘(A) the amount of the member’s retired 

23 pay under chapter 61 of this title; exceeds 

‘‘(B) the amount equal to 21 24 ⁄2 percent of the 

25 member’s years of creditable service multiplied 

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1 by the member’s retired pay base under section 

2 1406(b)(1) or 1407 of this title, whichever is ap3 plicable to the member.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect on October 1, 2008, and shall apply 

6 to payments for the month beginning on that date and sub7 sequent months through the month ending on September 30, 

8 2015. Effective on October 1, 2015, the amendments made 

9 by this section shall terminate and subsection (c) of section 

10 1413a of title 10, United States Code, shall be amended to 

11 appear as it did on September 30, 2008. 

12 Subtitle E—Commissary and Non13 appropriated Fund Instrumen14 tality Benefits 

15 SEC. 651. ACCESS TO DEFENSE COMMISSARY AND EX16 CHANGE SYSTEM BY SURVIVING SPOUSE AND 

17 DEPENDENTS OF CERTAIN DISABLED VET18 ERANS. 

19 (a) REVISION OF REGULATIONS AND INSTRUCTIONS.— 

20 The Secretary of Defense shall revise the regulations and 

21 instructions described in subsection (b) as necessary to en22 sure access to the Defense Commissary and Exchange Sys23 tem by the surviving spouse and dependents of a veteran 

24 who had a service-connected disability rated at 100 percent 

25 (total), based on an application submitted by the veteran, 

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1 although the disability rating was awarded posthumously. 

2 Such access shall be provided in the same manner and to 

3 the same extent as other surviving spouses and dependents 

4 covered by such regulations and instructions. 

5 (b) COVERED REGULATIONS AND INSTRUCTIONS.—The 

6 regulations and instructions referred to in subsection (a) 

7 are the following: 

8 (1) Armed Services Commissary Regulations 

9 (DoD Regulations 1330.17-R, April 1987). 

10 (2) Armed Services Exchange Regulations (DoD 

11 Instruction 1330.21, July, 14, 2005). 

12 (3) The instruction pertaining to identification 

13 cards (ID) cards for members of the uniformed serv14 ices, their dependents, and other eligible individuals 

15 (DoD Instruction 1000.13, December 5, 1997). 

16 SEC. 652. AUTHORITY TO CONTINUE COMMISSARY AND EX17 CHANGE BENEFITS FOR CERTAIN INVOLUN18 TARILY SEPARATED MEMBERS OF THE 

19 ARMED FORCES. 

20 (a) RESUMPTION FOR MEMBERS INVOLUNTARILY SEP21 ARATED FROM ACTIVE DUTY.—Section 1146 of title 10, 

22 United States Code, is amended— 

23 (1) by inserting ‘‘(a) MEMBERS INVOLUNTARILY

24 SEPARATED FROM ACTIVE DUTY.—’’ before ‘‘The Sec25 retary of Defense’’; 

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1 (2) in the first sentence, by striking ‘‘October 1, 

2 1990, and ending on December 31, 2001’’ and insert3 ing ‘‘October 1, 2007, and ending on December 31, 

4 2012’’; and 

5 (3) in the second sentence, by striking ‘‘the pe6 riod beginning on October 1, 1994, and ending on De7 cember 31, 2001’’ and inserting ‘‘the same period’’. 

8 (b) EXTENSION TO MEMBERS INVOLUNTARILY SEPA9 RATED FROM SELECTED RESERVE.—Such section is fur10 ther amended by adding at the end the following new sub11 section: 

12 ‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM SE13 LECTED RESERVE.—The Secretary of Defense shall pre14 scribe regulations to allow a member of the Selected Reserve 

15 of the Ready Reserve who is involuntarily separated from 

16 the Selected Reserve as a result of the exercise of the force 

17 shaping authority of the Secretary concerned under section 

18 647 of this title or other force shaping authority during the 

19 period beginning on October 1, 2007, and ending on Decem20 ber 31, 2012, to continue to use commissary and exchange 

21 stores during the two-year period beginning on the date of 

22 the involuntary separation of the member in the same man23 ner as a member on active duty. The Secretary of Homeland 

24 Security shall implement this provision for Coast Guard 

25 members involuntarily separated during the same period.’’. 

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1 SEC. 653. AUTHORIZATION OF INSTALLMENT DEDUCTIONS 

2 FROM PAY OF EMPLOYEES OF EXECUTIVE 

3 BRANCH INSTRUMENTALITIES TO COLLECT 

4 INDEBTEDNESS TO THE UNITED STATES. 

5 (a) COVERAGE OF EXECUTIVE BRANCH INSTRUMEN6 TALITIES.—Section 5514(a)(5)(B) of title 5, United States 

7 Code, is amended by striking ‘‘judicial’’ and inserting ‘‘ex8 ecutive, judicial,’’ 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the date of the enactment 

11 of this Act and apply with respect to debt incurred before, 

12 on, or after that date. 

13 Subtitle F—Consolidation of Spe14 cial Pay, Incentive Pay, and 

15 Bonus Authorities 

16 SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE 

17 PAY, AND BONUS AUTHORITIES OF THE UNI18 FORMED SERVICES. 

19 (a) CONSOLIDATION.—Chapter 5 of title 37, United 

20 States Code, is amended— 

21 (1) by inserting before section 301 the following 

22 subchapter heading: 

23 ‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, 

24 INCENTIVE PAY, AND BONUS AUTHORITIES’’; AND

25 (2) by adding at the end the following new sub26 chapters: 

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1 ‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL 

2 PAY, INCENTIVE PAY, AND BONUS AUTHORITIES 

3 ‘‘§ 331. General bonus authority for enlisted members 

4 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary 

5 concerned may pay a bonus under this section to a person, 

6 including a member of the armed forces, who— 

7 ‘‘(1) enlists in an armed force; 

8 ‘‘(2) enlists in or affiliates with a reserve compo9 nent of an armed force; 

10 ‘‘(3) reenlists, voluntarily extends an enlistment, 

11 or otherwise agrees to serve— 

12 ‘‘(A) for a specified period in a designated 

13 career field, skill, or unit of an armed force; or 

14 ‘‘(B) under other conditions of service in an 

15 armed force; 

16 ‘‘(4) transfers from a regular component of an 

17 armed force to a reserve component of that same 

18 armed force or from a reserve component of an armed 

19 force to the regular component of that same armed 

20 force; or 

21 ‘‘(5) transfers from a regular component or re22 serve component of an armed force to a regular com23 ponent or reserve component of another armed force, 

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1 tion over the armed force to which the member is 

2 transferring. 

3 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

4 subsection (a) may be paid to a person or member only 

5 if the person or member agrees under subsection (d)— 

6 ‘‘(1) to serve for a specified period in a des7 ignated career field, skill, unit, or grade; or 

8 ‘‘(2) to meet some other condition of service im9 posed by the Secretary concerned. 

10 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

11 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con12 cerned shall determine the amount of a bonus to be 

13 paid under this section, except that— 

14 ‘‘(A) a bonus paid under paragraph (1) or 

15 (2) of subsection (a) may not exceed $50,000 for 

16 a minimum two-year period of obligated service 

17 agreed to under subsection (d); and 

18 ‘‘(B) a bonus paid under paragraph (3), 

19 (4), or (5) of subsection (a) may not exceed 

20 $40,000 for a minimum one-year period of obli21 gated service agreed to under subsection (d). 

22 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

23 under this section may be paid in a lump sum or in 

24 periodic installments, as determined by the Secretary 

25 concerned. 

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1 ‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 

2 by the Secretary concerned of the written agreement 

3 required by subsection (d), the total amount of the 

4 bonus to be paid under the agreement shall be fixed. 

5 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

6 under this section, a person or member determined to be 

7 eligible for the bonus shall enter into a written agreement 

8 with the Secretary concerned that specifies— 

9 ‘‘(1) the amount of the bonus; 

10 ‘‘(2) the method of payment of the bonus under 

11 subsection (c)(2); 

12 ‘‘(3) the period of obligated service; and 

13 ‘‘(4) the type or conditions of the service. 

14 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW15 ANCES.—A bonus paid to a person or member under this 

16 section is in addition to any other pay and allowance to 

17 which a member is entitled. 

18 ‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUNTIES.— 

19 A bonus authorized under this section is not a bounty for 

20 purposes of section 514(a) of title 10. 

21 ‘‘(g) REPAYMENT.—A person or member who receives 

22 a bonus under this section and who fails to complete the 

23 period of service, or meet the conditions of service, for which 

24 the bonus is paid, as specified in the written agreement 

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1 under subsection (d), shall be subject to the repayment pro2 visions of section 373 of this title. 

3 ‘‘(h) REGULATIONS.—This section shall be adminis4 tered under regulations prescribed by— 

5 ‘‘(1) the Secretary of Defense, with respect to the 

6 armed forces under the jurisdiction of the Secretary 

7 of Defense; and 

8 ‘‘(2) the Secretary of Homeland Security, with 

9 respect to the Coast Guard when it is not operating 

10 as a service in the Navy. 

11 ‘‘§ 332. General bonus authority for officers 

12 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary 

13 concerned may pay a bonus under this section to a person, 

14 including an officer in the uniformed services, who— 

15 ‘‘(1) accepts a commission or appointment as an 

16 officer in a uniformed service; 

17 ‘‘(2) affiliates with a reserve component of a uni18 formed service; 

19 ‘‘(3) agrees to remain on active duty or to serve 

20 in an active status for a specific period as an officer 

21 in a uniformed service; 

22 ‘‘(4) transfers from a regular component of a 

23 uniformed service to a reserve component of that same 

24 uniformed service or from a reserve component of a 

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1 uniformed service to the regular component of that 

2 same uniformed service; or 

3 ‘‘(5) transfers from a regular component or re4 serve component of a uniformed service to a regular 

5 component or reserve component of another uniformed 

6 service, subject to the approval of the Secretary with 

7 jurisdiction over the uniformed service to which the 

8 member is transferring. 

9 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

10 subsection (a) may be paid to a person or officer only if 

11 the person or officer agrees under subsection (d)— 

12 ‘‘(1) to serve for a specified period in a des13 ignated career field, skill, unit, or grade; or 

14 ‘‘(2) to meet some other condition of service im15 posed by the Secretary concerned. 

16 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

17 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con18 cerned shall determine the amount of a bonus to be 

19 paid under this section, except that— 

20 ‘‘(A) a bonus paid under paragraph (1) or 

21 (2) of subsection (a) may not exceed $60,000 for 

22 a minimum three-year period of obligated service 

23 agreed to under subsection (d); and 

24 ‘‘(B) a bonus paid under paragraph (3), 

25 (4), or (5) of subsection (a) may not exceed 

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1 $50,000 for each year of obligated service agreed 

2 to under subsection (d). 

3 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

4 under this section may be paid in a lump sum or in 

5 periodic installments, as determined by the Secretary 

6 concerned. 

7 ‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 

8 by the Secretary concerned of the written agreement 

9 required by subsection (d), the total amount of the 

10 bonus to be paid under the agreement shall be fixed. 

11 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

12 under this section, a person or officer determined to be eligi13 ble for the bonus shall enter into a written agreement with 

14 the Secretary concerned that specifies— 

15 ‘‘(1) the amount of the bonus; 

16 ‘‘(2) the method of payment of the bonus under 

17 subsection (c)(2); 

18 ‘‘(3) the period of obligated service; and 

19 ‘‘(4) the type or conditions of the service. 

20 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW21 ANCES.—The bonus paid to a person or officer under this 

22 section is in addition to any other pay and allowance to 

23 which an officer is entitled. 

24 ‘‘(f) REPAYMENT.—A person or officer who receives a 

25 bonus under this section who fails to complete the period 

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1 of service, or meet the conditions of service, for which the 

2 bonus is paid, as specified in the written agreement under 

3 subsection (d), shall be subject to the repayment provisions 

4 of section 373 of this title. 

5 ‘‘(g) REGULATIONS.—This section shall be adminis6 tered under regulations prescribed by— 

7 ‘‘(1) the Secretary of Defense, with respect to the 

8 armed forces under the jurisdiction of the Secretary 

9 of Defense; 

10 ‘‘(2) the Secretary of Homeland Security, with 

11 respect to the Coast Guard when it is not operating 

12 as a service in the Navy; 

13 ‘‘(3) the Secretary of Health and Human Serv14 ices, with respect to the commissioned corps of the 

15 Public Health Service; and 

16 ‘‘(4) the Secretary of Commerce, with respect to 

17 the National Oceanic and Atmospheric Administra18 tion. 

19 ‘‘§ 333. Special bonus and incentive pay authorities 

20 for nuclear officers 

21 ‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of the 

22 Navy may pay a nuclear officer bonus under this section 

23 to a person, including an officer in the Navy, who— 

24 ‘‘(1) is selected for the officer naval nuclear 

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1 pervision, operation, and maintenance of naval nu2 clear propulsion plants and agrees to serve, upon 

3 completion of such training, on active duty in connec4 tion with the supervision, operation, and mainte5 nance of naval nuclear propulsion plants; or 

6 ‘‘(2) has the current technical and operational 

7 qualification for duty in connection with the super8 vision, operation, and maintenance of naval nuclear 

9 propulsion plants and agrees to remain on active 

10 duty in connection with the supervision, operation, 

11 and maintenance of naval nuclear propulsion plants. 

12 ‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Sec13 retary of the Navy may pay nuclear officer incentive pay 

14 under this section to an officer in the Navy who— 

15 ‘‘(1) is entitled to basic pay under section 204 

16 of this title; and 

17 ‘‘(2) remains on active duty for a specified pe18 riod while maintaining current technical and oper19 ational qualifications, as approved by the Secretary, 

20 for duty in connection with the supervision, oper21 ation, and maintenance of naval nuclear propulsion 

22 plants. 

23 ‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec24 retary of the Navy may impose such additional criteria for 

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1 the receipt of a nuclear officer bonus or nuclear officer in2 centive pay as the Secretary determines to be appropriate. 

3 ‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

4 ‘‘(1) MAXIMUM AMOUNT.—The Secretary of the 

5 Navy shall determine the amounts of a nuclear officer 

6 bonus or incentive pay to be paid under this section, 

7 except that such payments may not exceed $60,000 for 

8 each 12-month period of the agreement or 12-month 

9 period of qualifying service. 

10 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear 

11 officer bonus or incentive pay under this section may 

12 be paid in a lump sum or in periodic installments. 

13 ‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 

14 ‘‘(1) AGREEMENT REQUIRED.—To receive a nu15 clear officer bonus under this section, a person or offi16 cer determined to be eligible for the bonus shall enter 

17 into a written agreement with the Secretary of the 

18 Navy that specifies— 

19 ‘‘(A) the amount of the bonus; 

20 ‘‘(B) the method of payment of the bonus 

21 under subsection (d)(2); 

22 ‘‘(C) the period of obligated service; and 

23 ‘‘(D) the type or conditions of the service. 

24 ‘‘(2) REPLACEMENT AGREEMENT.—An officer 

25 who is performing obligated service under an agreemstockstill on PROD1PC66 with BILLS

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1 ment for a nuclear officer bonus may execute a new 

2 agreement to replace the existing agreement, if the 

3 amount to be paid under the new agreement will be 

4 higher than the amount to be paid under the existing 

5 agreement. The period of the new agreement shall be 

6 equal to or exceed the remaining term of the period 

7 of the officer’s existing agreement. If a new agreement 

8 is executed under this paragraph, the existing agree9 ment shall be cancelled, effective on the day before an 

10 anniversary date of the existing agreement occurring 

11 after the date on which the amount to be paid under 

12 this paragraph is increased. 

13 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW14 ANCES.—A nuclear officer bonus or incentive pay paid to 

15 a person or officer under this section is in addition to any 

16 other pay and allowance to which an officer is entitled, ex17 cept that an officer may not receive a payment under this 

18 section and section 332 or 353 of this title for the same 

19 skill and period of service. 

20 ‘‘(g) REPAYMENT.—The person or officer who receives 

21 a nuclear officer bonus or incentive pay under this section 

22 who fails to complete the officer naval nuclear power train23 ing program, maintain required technical and operational 

24 qualifications, complete the period of service, or meet the 

25 types or conditions of service, for which the bonus or incenmstockstill on PROD1PC66 with BILLS

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1 tive pay is paid, as specified in the written agreement 

2 under subsection (e) in the case of a bonus, shall be subject 

3 to the repayment provisions of section 373 of this title. 

4 ‘‘(h) REGULATIONS.—This section shall be adminis5 tered under regulations prescribed by the Secretary of the 

6 Navy. 

7 ‘‘§ 334. Special aviation incentive pay and bonus au8 thorities for officers 

9 ‘‘(a) AVIATION INCENTIVE PAY.—The Secretary con10 cerned may pay aviation incentive pay under this section 

11 to a regular or reserve component officer of a uniformed 

12 service who— 

13 ‘‘(1) is entitled to basic pay under section 204 

14 of this title or compensation under section 206 of this 

15 title; 

16 ‘‘(2) maintains, or is in training leading to, an 

17 aeronautical rating or designation that qualifies the 

18 officer to engage in operational flying duty or pro19 ficiency flying duty; 

20 ‘‘(3) engages in, or is in training leading to, fre21 quent and regular performance of operational flying 

22 duty or proficiency flying duty; 

23 ‘‘(4) engages in or remains in aviation service 

24 for a specified period; and 

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1 ‘‘(5) meets such other criteria as the Secretary 

2 concerned determines appropriate. 

3 ‘‘(b) AVIATION BONUS.—The Secretary concerned may 

4 pay an aviation bonus under this section to a regular or 

5 reserve component officer of a uniformed service who— 

6 ‘‘(1) is entitled to aviation incentive pay under 

7 subsection (a); 

8 ‘‘(2) has completed any active duty service com9 mitment incurred for undergraduate aviator training 

10 or is within one year of completing such commitment; 

11 ‘‘(3) executes a written agreement to remain on 

12 active duty in a regular component or to serve in an 

13 active status in a reserve component in aviation serv14 ice for at least one year; and 

15 ‘‘(4) meets such other criteria as the Secretary 

16 concerned determines appropriate. 

17 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

18 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con19 cerned shall determine the amounts of a bonus or in20 centive pay to be paid under this section, except 

21 that— 

22 ‘‘(A) aviation incentive pay shall be paid at 

23 a monthly rate, not to exceed $850 per month; 

24 and 

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1 ‘‘(B) an aviation bonus may not exceed 

2 $25,000 for each 12-month period of obligated 

3 service agreed to under subsection (d). 

4 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

5 under this section may be paid in a lump sum or in 

6 periodic installments, as determined by the Secretary 

7 concerned. 

8 ‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 

9 by the Secretary concerned of the written agreement 

10 required by subsection (d), the total amount of the 

11 bonus to be paid under the agreement shall be fixed. 

12 ‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 

13 an aviation officer bonus under this section, an officer de14 termined to be eligible for the bonus shall enter into a writ15 ten agreement with the Secretary concerned that specifies— 

16 ‘‘(1) the amount of the bonus; 

17 ‘‘(2) the method of payment of the bonus under 

18 subsection (c)(2); 

19 ‘‘(3) the period of obligated service; and 

20 ‘‘(4) the type or conditions of the service. 

21 ‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING

22 INACTIVE DUTY TRAINING.—A reserve component officer 

23 who is entitled to compensation under section 206 of this 

24 title and who is authorized aviation incentive pay under 

25 this section may be paid an amount of incentive pay that 

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1 is proportionate to the compensation received under section 

2 206 for inactive-duty training. 

3 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW4 ANCES.— 

5 ‘‘(1) AVIATION INCENTIVE PAY.—Aviation incen6 tive pay paid to an officer under subsection (a) shall 

7 be in addition to any other pay and allowance to 

8 which an officer is entitled, except that an officer may 

9 not receive a payment under such subsection and sec10 tion 351(a)(4) or 353 of this title for the same skill 

11 and period of service. 

12 ‘‘(2) AVIATION BONUS.—An aviation bonus paid 

13 to an officer under subsection (b) shall be in addition 

14 to any other pay and allowance to which the officer 

15 is entitled, except that an officer may not receive a 

16 payment under such subsection and section 332 or 

17 353 of this title for the same skill and period of serv18 ice. 

19 ‘‘(g) REPAYMENT.—An officer who receives aviation 

20 incentive pay or an aviation bonus under this section and 

21 who fails to fulfill the eligibility requirements for the receipt 

22 of the incentive pay or bonus or complete the period of serv23 ice for which the incentive pay or bonus is paid, as specified 

24 in the written agreement under subsection (d) in the case 

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1 of a bonus, shall be subject to the repayment provisions of 

2 section 373 of this title. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘aviation service’ means service 

5 performed by a regular or reserve component officer 

6 (except a flight surgeon or other medical officer) while 

7 holding an aeronautical rating or designation or 

8 while in training to receive an aeronautical rating or 

9 designation. 

10 ‘‘(2) The term ‘operational flying duty’ means 

11 flying performed under competent orders by rated or 

12 designated regular or reserve component officers while 

13 serving in assignments in which basic flying skills 

14 normally are maintained in the performance of as15 signed duties as determined by the Secretary con16 cerned, and flying performed by members in training 

17 that leads to the award of an aeronautical rating or 

18 designation. 

19 ‘‘(3) The term ‘proficiency flying duty’ means 

20 flying performed under competent orders by rated or 

21 designated regular or reserve component officers while 

22 serving in assignments in which such skills would 

23 normally not be maintained in the performance of as24 signed duties. 

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1 ‘‘(4) The term ‘officer’ includes an individual en2 listed and designated as an aviation cadet under sec3 tion 6911 of title 10, United States Code. 

4 ‘‘(i) REGULATIONS.—This section shall be adminis5 tered under regulations prescribed by— 

6 ‘‘(1) the Secretary of Defense, with respect to the 

7 armed forces under the jurisdiction of the Secretary 

8 of Defense; 

9 ‘‘(2) the Secretary of Homeland Security, with 

10 respect to the Coast Guard when it is not operating 

11 as a service in the Navy; and 

12 ‘‘(3) the Secretary of Commerce, with respect to 

13 the National Oceanic and Atmospheric Administra14 tion. 

15 ‘‘§ 335. Special bonus and incentive pay authorities 

16 for officers in health professions 

17 ‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary 

18 concerned may pay a health professions bonus under this 

19 section to a person, including an officer in the uniformed 

20 services, who is a graduate of an accredited school in a 

21 health profession and who— 

22 ‘‘(1) accepts a commission or appointment as a 

23 regular or reserve component officer in a uniformed 

24 service, or affiliates with a reserve component of a 

25 uniformed service, and agrees to serve on active duty 

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1 in a regular component or in an active status in a 

2 reserve component in a health profession; or 

3 ‘‘(2) agrees to remain on active duty or continue 

4 serving in an active status in a reserve component in 

5 a health profession. 

6 ‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The 

7 Secretary concerned may pay incentive pay under this sec8 tion to an officer in a regular or reserve component of a 

9 uniformed service who— 

10 ‘‘(1) is entitled to basic pay under section 204 

11 of this title or compensation under section 206 of this 

12 title; and 

13 ‘‘(2) is serving on active duty or in an active 

14 status in a designated health profession specialty or 

15 skill. 

16 ‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The 

17 Secretary concerned may pay board certification incentive 

18 pay under this section to an officer in a regular or reserve 

19 component of a uniformed service who— 

20 ‘‘(1) is entitled to basic pay under section 204 

21 of this title or compensation under section 206 of this 

22 title; and 

23 ‘‘(2) is board certified in a designated health 

24 profession specialty or skill; and 

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1 ‘‘(3) is serving on active duty or in an active 

2 status in such designated health profession specialty 

3 or skill. 

4 ‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec5 retary concerned may impose such additional criteria for 

6 the receipt of a bonus or incentive pay under this section 

7 as the Secretary determines to be appropriate. 

8 ‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

9 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con10 cerned shall determine the amounts of a bonus or in11 centive pay to be paid under this section, except 

12 that— 

13 ‘‘(A) a health professions bonus may not ex14 ceed $100,000 for each 12-month period of obli15 gated service agreed to under subsection (f); 

16 ‘‘(B) health professions incentive pay may 

17 not exceed $100,000 in any 12-month period, 

18 and it may be paid monthly; and 

19 ‘‘(C) board certification incentive pay may 

20 not exceed $25,000 per 12-month period an offi21 cer remains certified in the designated health 

22 profession specialty or skill. 

23 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

24 under subsection (a) may be paid in a lump sum or 

25 in periodic installments, as determined by the Secmstockstill on PROD1PC66 with BILLS

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1 retary concerned. Board certification incentive pay 

2 may be paid monthly, in a lump sum at the begin3 ning of the certification period, or in periodic install4 ments during the certification period, as determined 

5 by the Secretary concerned. 

6 ‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 

7 by the Secretary concerned of the written agreement 

8 required by subsection (f), the total amount of the 

9 bonus to be paid under the agreement shall be fixed. 

10 ‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive a 

11 bonus under this section, an officer determined to be eligible 

12 for the bonus shall enter into a written agreement with the 

13 Secretary concerned that specifies— 

14 ‘‘(1) the amount of the bonus; 

15 ‘‘(2) the method of payment of the bonus under 

16 subsection (e)(2); 

17 ‘‘(3) the period of obligated service; 

18 ‘‘(4) whether the service will be performed on ac19 tive duty or in an active status in a reserve compo20 nent; and 

21 ‘‘(5) the type or conditions of the service. 

22 ‘‘(g) RESERVE COMPONENT OFFICERS.—An officer in 

23 a reserve component authorized incentive pay under sub24 section (b) or (c) who is not serving on continuous active 

25 duty and is entitled to compensation under sections 204 

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1 of this title or compensation under section 206 of this title 

2 may be paid a monthly amount of incentive pay that is 

3 proportionate to the basic pay or compensation received 

4 under this title. 

5 ‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOW6 ANCES.— 

7 ‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus 

8 paid to a person or officer under subsection (a) shall 

9 be in addition to any other pay and allowance to 

10 which an officer is entitled, except that an officer may 

11 not receive a payment under such subsection and sec12 tion 332 of this title for the same period of obligated 

13 service. 

14 ‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— 

15 Incentive pay paid to an officer under subsection (b) 

16 shall be in addition to any other pay and allowance 

17 to which an officer is entitled, except that an officer 

18 may not receive a payment under such subsection and 

19 section 353 of this title for the same skill and period 

20 of service. 

21 ‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— 

22 Incentive pay paid to an officer under subsection (c) 

23 shall be in addition to any other pay and allowance 

24 to which an officer is entitled, except that an officer 

25 may not receive a payment under such subsection and 

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1 section 353(b) of this title for the same skill and pe2 riod of service covered by the certification. 

3 ‘‘(i) REPAYMENT.—An officer who receives a bonus or 

4 incentive pay under this section and who fails to fulfill the 

5 eligibility requirements for the receipt of the bonus or incen6 tive pay or complete the period of service for which the 

7 bonus or incentive pay is paid, as specified in the written 

8 agreement under subsection (f) in the case of a bonus, shall 

9 be subject to the repayment provisions of section 373 of this 

10 title. 

11 ‘‘(j) HEALTH PROFESSION DEFINED.—In this section, 

12 the term ‘health profession’ means: 

13 ‘‘(1) Any health profession performed by officers in the 

14 Medical Corps of a uniformed service or by officers des15 ignated as a medical officer. 

16 ‘‘(2) Any health profession performed by officers in the 

17 Dental Corps of a uniformed service or by officers des18 ignated as a dental officer. 

19 ‘‘(3) Any health profession performed by officers in the 

20 Medical Service Corps of a uniformed service or by officers 

21 designated as a medical service officer or biomedical 

22 sciences officer. 

23 ‘‘(4) Any health profession performed by officers in the 

24 Medical Specialist Corps of a uniformed service or by offi25 cers designated as a medical specialist. 

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1 ‘‘(5) Any health profession performed by officers of the 

2 Nurse Corps of a uniformed service or by officers designated 

3 as a nurse. 

4 ‘‘(6) Any health profession performed by officers in the 

5 Veterinary Corps of a uniformed service or by officers des6 ignated as a veterinary officer. 

7 ‘‘(7) Any health profession performed by officers des8 ignated as a physician assistant. 

9 ‘‘(8) Any health profession performed by officers in the 

10 regular or reserve corps of the Public Health Service. 

11 ‘‘(k) REGULATIONS.—This section shall be adminis12 tered under regulations prescribed by— 

13 ‘‘(1) the Secretary of Defense, with respect to the armed 

14 forces under the jurisdiction of the Secretary of Defense; 

15 ‘‘(2) the Secretary of Homeland Security, with respect 

16 to the Coast Guard when it is not operating as a service 

17 in the Navy; and 

18 ‘‘(3) the Secretary of Health and Human Services, 

19 with respect to the commissioned corps of the Public Health 

20 Service. 

21 ‘‘§ 351. Hazardous duty pay 

22 ‘‘(a) HAZARDOUS DUTY PAY.—The Secretary con23 cerned may pay hazardous duty pay under this section to 

24 a member of a regular or reserve component of the uni25 formed services entitled to basic pay under section 204 of 

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1 this title or compensation under section 206 of this title 

2 who— 

3 ‘‘(1) performs duty in a hostile fire area des4 ignated by the Secretary concerned; 

5 ‘‘(2) is exposed to a hostile fire event, explosion 

6 of a hostile explosive device, or any other hostile ac7 tion; 

8 ‘‘(3) is on duty during a month in an area in 

9 which an event described in paragraph (2) occurred 

10 which placed the member in grave danger of physical 

11 injury; 

12 ‘‘(4) performs duty the Secretary concerned has 

13 designated as hazardous duty based upon the inherent 

14 dangers of that duty and risks of physical injury; or 

15 ‘‘(5) performs duty in a foreign area designated 

16 by the Secretary concerned as an area in which the 

17 member is subject to imminent danger of physical in18 jury due to threat conditions. 

19 ‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous 

20 duty pay paid to a member under subsection (a) shall be 

21 based on the type of duty and the area in which the duty 

22 is performed, as follows: 

23 ‘‘(1) In the case of a member who performs duty 

24 in a designated hostile fire area, as described in paramstockstill on PROD1PC66 with BILLS

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1 graph (1) of such subsection, hazardous duty pay 

2 may not exceed $450 per month. 

3 ‘‘(2) In the case of a member who is exposed to 

4 a hostile fire event or is on duty in an area in which 

5 such an event occurred which placed the member in 

6 grave danger of physical injury, as described in para7 graph (2) or (3) of such subsection, hazardous duty 

8 pay may not exceed $450 per month. 

9 ‘‘(3) In the case of a member who performs a 

10 designated hazardous duty, as described in paragraph 

11 (4) of such subsection, hazardous duty pay may not 

12 exceed $250 per month. 

13 ‘‘(4) In the case of a member who performs duty 

14 in a foreign area designated as an imminent danger 

15 area, as described in paragraph (5) of such sub16 section, hazardous duty pay may not exceed $250 per 

17 month. 

18 ‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 

19 shall be paid on a monthly basis. A member who is eligible 

20 for hazardous duty pay by reason of paragraph (1), (2), 

21 or (3) of subsection (a) shall receive the full monthly rate 

22 of hazardous duty pay authorized by the Secretary con23 cerned under such paragraph, notwithstanding subsection 

24 (d). 

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1 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

2 INACTIVE DUTY TRAINING.—A member of a reserve compo3 nent entitled to compensation under section 206 of this title 

4 who is authorized hazardous duty pay under this section 

5 may be paid an amount of hazardous duty pay that is pro6 portionate to the compensation received by the member 

7 under section 206 of this title for inactive-duty training. 

8 ‘‘(e) ADMINISTRATION AND RETROACTIVE PAY9 MENTS.—The effective date for a hostile fire area designa10 tion, as described in paragraph (1) of subsection (a), and 

11 for the designation of a foreign area as an imminent danger 

12 area, as described in paragraph (5) of such subsection, may 

13 be a date that occurs before, on, or after the actual date 

14 of the designation by the Secretary concerned. 

15 ‘‘(f) DETERMINATION OF FACT.—Any determination of 

16 fact that is made in administering paragraph (2) or (3) 

17 of subsection (a) is conclusive. The determination may not 

18 be reviewed by any other officer or agency of the United 

19 States unless there has been fraud or gross negligence. How20 ever, the Secretary concerned may change the determination 

21 on the basis of new evidence or for other good cause. 

22 ‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOW23 ANCES.—A member may be paid hazardous duty pay under 

24 this section in addition to any other pay and allowances 

25 to which the member is entitled. The regulations prescribed 

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1 under subsection (j) shall address dual compensation under 

2 this section for multiple circumstances involving perform3 ance of a designated hazardous duty, as described in para4 graph (4) of subsection (a), or for duty in certain des5 ignated areas, as described in paragraph (1) or 5 of such 

6 subsection, that is performed by a member during a single 

7 month of service. 

8 ‘‘(h) PROHIBITION ON VARIABLE RATES.—The regula9 tions prescribed under subsection (j) may not include varied 

10 criteria or rates for payment of hazardous duty for officers 

11 and enlisted members. 

12 ‘‘(i) REPAYMENT.—A member who receives the haz13 ardous duty pay authorized under this section and who 

14 fails to meet the eligibility requirements under subsection 

15 (a) shall be subject to the repayment provisions of section 

16 373 of this title. 

17 ‘‘(j) REGULATIONS.—This section shall be adminis18 tered under regulations prescribed by— 

19 ‘‘(1) the Secretary of Defense, with respect to the 

20 armed forces under the jurisdiction of the Secretary 

21 of Defense; 

22 ‘‘(2) the Secretary of Homeland Security, with 

23 respect to the Coast Guard when it is not operating 

24 as a service in the Navy; 

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1 ‘‘(3) the Secretary of Health and Human Serv2 ices, with respect to the commissioned corps of the 

3 Public Health Service; and 

4 ‘‘(4) the Secretary of Commerce, with respect to 

5 the National Oceanic and Atmospheric Administra6 tion. 

7 ‘‘§ 352. Assignment pay or special duty pay 

8 ‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR9 IZED.—The Secretary concerned may pay assignment or 

10 special duty pay under this section to a member of a reg11 ular or reserve component of the uniformed services who— 

12 ‘‘(1) is entitled to basic pay under section 204 

13 of this title or compensation under section 206 of this 

14 title; and 

15 ‘‘(2) performs duties in an assignment, location, 

16 or unit designated by, and under the conditions of 

17 service specified by, the Secretary concerned. 

18 ‘‘(b) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

19 ‘‘(1) LUMP SUM OR INSTALLMENTS.—Assignment 

20 or special duty pay under subsection (a) may be paid 

21 monthly, in a lump sum, or in periodic installments 

22 other than monthly, as determined by the Secretary 

23 concerned. 

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1 ‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max2 imum monthly amount of assignment or special duty 

3 pay may not exceed $5,000. 

4 ‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The 

5 amount of a lump sum payment of assignment or 

6 special duty pay payable to a member may not exceed 

7 the amount equal to the product of— 

8 ‘‘(A) the maximum monthly rate authorized 

9 under paragraph (2) at the time the member en10 ters into a written agreement under subsection 

11 (c); and 

12 ‘‘(B) the number of continuous months in 

13 the period for which assignment or special duty 

14 pay will be paid pursuant to the agreement. 

15 ‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The 

16 amount of each installment payment of assignment or 

17 special duty pay payable to a member on an install18 ment basis may not exceed the amount equal to— 

19 ‘‘(A) the product of— 

20 ‘‘(i) a monthly rate specified in the 

21 written agreement entered into under sub22 section (c), which monthly rate may not ex23 ceed the maximum monthly rate authorized 

24 under paragraph (2) at the time the mem25 ber enters into the agreement; and 

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1 ‘‘(ii) the number of continuous months 

2 in the period for which the assignment or 

3 special duty pay will be paid; divided by 

4 ‘‘(B) the number of installments over such 

5 period. 

6 ‘‘(5) EFFECT OF EXTENSION.—If a member ex7 tends an assignment or performance of duty specified 

8 in an agreement with the Secretary concerned under 

9 subsection (c), assignment or special duty pay for the 

10 period of the extension may be paid on a monthly 

11 basis, in a lump sum, or in installments, consistent 

12 with this subsection. 

13 ‘‘(c) WRITTEN AGREEMENT.— 

14 ‘‘(1) DISCRETIONARY FOR MONTHLY PAY15 MENTS.—The Secretary concerned may require a 

16 member to enter into a written agreement with the 

17 Secretary in order to qualify for the payment of as18 signment or special duty pay on a monthly basis. The 

19 written agreement shall specify the period for which 

20 the assignment or special duty pay will be paid to the 

21 member and the monthly rate of the assignment or 

22 special duty pay. 

23 ‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL24 MENT PAYMENTS.—The Secretary concerned shall re25 quire a member to enter into a written agreement 

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1 with the Secretary in order to qualify for payment of 

2 assignment or special duty pay on a lump sum or in3 stallment basis. The written agreement shall specify 

4 the period for which the assignment or special duty 

5 pay will be paid to the member and the amount of 

6 the lump sum or each periodic installment. 

7 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

8 INACTIVE DUTY TRAINING.—A member of a reserve compo9 nent entitled to compensation under section 206 of this title 

10 who is authorized assignment or special duty pay under 

11 this section may be paid an amount of assignment or spe12 cial duty pay that is proportionate to the compensation re13 ceived by the member under section 206 of this title for inac14 tive-duty training. 

15 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW16 ANCES.—Assignment or special duty pay paid to a member 

17 under this section is in addition to any other pay and al18 lowances to which a member is entitled. 

19 ‘‘(f) REPAYMENT.—A member who receives assignment 

20 or special duty pay under this section and who fails to ful21 fill the eligibility requirements under subsection (a) shall 

22 be subject to the repayment provisions of section 373 of this 

23 title. 

24 ‘‘(g) REGULATIONS.—This section shall be adminis25 tered under regulations prescribed by— 

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1 ‘‘(1) the Secretary of Defense, with respect to the 

2 armed forces under the jurisdiction of the Secretary 

3 of Defense; 

4 ‘‘(2) the Secretary of Homeland Security, with 

5 respect to the Coast Guard when it is not operating 

6 as a service in the Navy; 

7 ‘‘(3) the Secretary of Health and Human Serv8 ices, with respect to the commissioned corps of the 

9 Public Health Service; and 

10 ‘‘(4) the Secretary of Commerce, with respect to 

11 the National Oceanic and Atmospheric Administra12 tion. 

13 ‘‘§ 353. Skill incentive pay or proficiency bonus 

14 ‘‘(a) SKILL INCENTIVE PAY.—The Secretary concerned 

15 may pay a monthly skill incentive pay to a member of a 

16 regular or reserve component of the uniformed services 

17 who— 

18 ‘‘(1) is entitled to basic pay under section 204 

19 of this title or compensation under section 206 of this 

20 title; and 

21 ‘‘(2) serves in a career field or skill designated 

22 as critical by the Secretary concerned. 

23 ‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary con24 cerned may pay a proficiency bonus to a member of a reg25 ular or reserve component of the uniformed services who— 

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1 ‘‘(1) is entitled to basic pay under section 204 

2 of this title or compensation under section 206 of this 

3 title; and 

4 ‘‘(2) is determined to have, and maintains, cer5 tified proficiency under subsection (d) in a skill des6 ignated as critical by the Secretary concerned. 

7 ‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAY8 MENT.— 

9 ‘‘(1) SKILL INCENTIVE PAY.—Skill incentive pay 

10 shall be in paid monthly in an amount not exceed 

11 $1,000 per month. 

12 ‘‘(2) PROFICIENCY BONUS.—A proficiency bonus 

13 may be paid in a lump sum at the beginning of the 

14 proficiency certification period or in periodic install15 ments during the proficiency certification period. The 

16 amount of the bonus may not exceed $12,000 per 12- 

17 month period of certification. The Secretary con18 cerned may not vary the criteria or rates for the pro19 ficiency bonus paid for officers and enlisted members. 

20 ‘‘(d) CERTIFIED PROFICIENCY FOR PROFICIENCY

21 BONUS.— 

22 ‘‘(1) CERTIFICATION REQUIRED.—Proficiency in 

23 a designated critical skill shall be subject to annual 

24 certification by the Secretary concerned. 

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1 ‘‘(2) DURATION OF CERTIFICATION.—A certifi2 cation period shall expire at the end of the one-year 

3 period beginning on the first day of the first month 

4 beginning on or after the certification date. 

5 ‘‘(3) WAIVER.—Notwithstanding paragraphs (1) 

6 and (2), the regulations prescribed under subsection 

7 (i) shall address the circumstances under which the 

8 Secretary concerned may waive the certification re9 quirement under paragraph (1) or extend a certifi10 cation period under paragraph (2). 

11 ‘‘(e) WRITTEN AGREEMENT.— 

12 ‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE

13 PAY.—The Secretary concerned may require a mem14 ber to enter into a written agreement with the Sec15 retary in order to qualify for the payment of skill in16 centive pay. The written agreement shall specify the 

17 period for which the skill incentive pay will be paid 

18 to the member and the monthly rate of the pay. 

19 ‘‘(2) REQUIRED FOR PROFICIENCY BONUS.—The 

20 Secretary concerned shall require a member to enter 

21 into a written agreement with the Secretary in order 

22 to qualify for payment of a proficiency bonus. The 

23 written agreement shall specify the amount of the pro24 ficiency bonus, the period for which the bonus will be 

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1 paid, and the initial certification or recertification 

2 necessary for payment of the proficiency bonus. 

3 ‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING

4 INACTIVE DUTY TRAINING.— 

5 ‘‘(1) PRORATION.—A member of a reserve compo6 nent entitled to compensation under section 206 of 

7 this title who is authorized skill incentive pay under 

8 subsection (a) may be paid an amount of skill incen9 tive pay that is proportionate to the compensation re10 ceived by the member under section 206 of this title 

11 for inactive-duty training. 

12 ‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO13 FICIENCY.—No reduction in the amount of skill incen14 tive pay may be made under paragraph (1) in the 

15 case of a member of a reserve component who is au16 thorized skill incentive pay because of the member’s 

17 proficiency in a foreign language. 

18 ‘‘(g) REPAYMENT.—A member who receives skill incen19 tive pay or a proficiency bonus under this section and who 

20 fails to fulfill the eligibility requirement for receipt of the 

21 pay or bonus shall be subject to the repayment provisions 

22 of section 373 of this title. 

23 ‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW24 ANCES.—A member may not be paid more than one pay 

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1 ice and skill. A member may be paid skill incentive pay 

2 or the proficiency bonus under this section in addition to 

3 any other pay and allowances to which the member is enti4 tled, except that the member may not be paid skill incentive 

5 pay or a proficiency bonus under this section and haz6 ardous duty pay under section 351(a)(4) of this title for 

7 the same period of service in the same career field or skill. 

8 ‘‘(i) REGULATIONS.—This section shall be adminis9 tered under regulations prescribed by— 

10 ‘‘(1) the Secretary of Defense, with respect to the 

11 armed forces under the jurisdiction of the Secretary 

12 of Defense; 

13 ‘‘(2) the Secretary of Homeland Security, with 

14 respect to the Coast Guard when it is not operating 

15 as a service in the Navy; 

16 ‘‘(3) the Secretary of Health and Human Serv17 ices, with respect to the commissioned corps of the 

18 Public Health Service; and 

19 ‘‘(4) the Secretary of Commerce, with respect to 

20 the National Oceanic and Atmospheric Administra21 tion. 

22 ‘‘SUBCHAPTER III—GENERAL PROVISIONS 

23 ‘‘§ 371. Relationship to other incentives and pays 

24 ‘‘(a) TREATMENT.—A bonus or incentive pay paid to 

25 a member of the uniformed services under subchapter II is 

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1 in addition to any other pay and allowance to which a 

2 member is entitled, unless otherwise provided under this 

3 chapter. 

4 ‘‘(b) EXCEPTION.—A member may not receive a bonus 

5 or incentive pay under both subchapter I and subchapter 

6 II for the same activity, skill, or period of service. 

7 ‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.—The 

8 amount of a bonus or incentive pay to which a member 

9 is entitled under subchapter II may not be included in com10 puting the amount of— 

11 ‘‘(1) any increase in pay authorized by any 

12 other provision of this title; or 

13 ‘‘(2) any retired pay, retainer pay, separation 

14 pay, or disability severance pay. 

15 ‘‘§ 372. Continuation of pays during hospitalization 

16 for wounds, injury, or illness incurred 

17 while on duty in a hostile fire area or ex18 posed to an event of hostile fire or other 

19 hostile action 

20 ‘‘(a) CONTINUATION OF PAYS.—Notwithstanding any 

21 other provision of law, the Secretary concerned may con22 tinue to pay all pay and allowances to a member of a reg23 ular or reserve component of a uniformed service, including 

24 any bonus, incentive pay, or similar benefit, if the mem25 ber— 

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1 ‘‘(1) incurs a wound, injury, or illness in the 

2 line of duty while serving in a combat operation or 

3 a combat zone, while serving in a hostile fire area, or 

4 while exposed to a hostile fire event, as described 

5 under section 351 of this title; and 

6 ‘‘(2) is hospitalized for treatment of such wound, 

7 injury, or illness. 

8 ‘‘(b) DURATION.—The continuation of pay and allow9 ances of a member under subsection (a) shall expire at the 

10 end of the first month during which the member is no longer 

11 hospitalized for treatment. 

12 ‘‘(c) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘hospitalized for treatment’, with 

14 respect to a member, means the member— 

15 ‘‘(A) is admitted as an inpatient in a mili16 tary treatment facility; or 

17 ‘‘(B) is residing in quarters or in a facility 

18 affiliated with the military health care system 

19 for the purposes of receiving extensive outpatient 

20 rehabilitation or other medical care. 

21 ‘‘(2) The term ‘bonus, incentive pay, or similar 

22 benefit’ means a bonus, incentive pay, special pay, or 

23 similar payment, or an educational benefit or sti24 pend, paid to a member of the uniformed services 

25 under this title or title 10. 

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1 ‘‘§ 373. Repayment of unearned portion of bonus, in2 centive pay, or similar benefit when con3 ditions of payment not met 

4 ‘‘(a) REPAYMENT.—Except as provided in subsection 

5 (b), a member of the uniformed services who is paid a 

6 bonus, incentive pay, or similar benefit, the receipt of which 

7 is contingent upon the member’s satisfaction of certain serv8 ice or eligibility requirements, shall repay to the United 

9 States any unearned portion of the bonus, incentive pay, 

10 or similar benefit if the member fails to satisfy any such 

11 service or eligibility requirement. 

12 ‘‘(b) EXCEPTIONS.—The regulations prescribed to ad13 minister this section may specify procedures for deter14 mining the circumstances under which an exception to the 

15 required repayment may be granted. 

16 ‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 

17 repay the United States under this section is, for all pur18 poses, a debt owed the United States. A discharge in bank19 ruptcy under title 11 does not discharge a person from such 

20 debt if the discharge order is entered less than five years 

21 after— 

22 ‘‘(1) the date of the termination of the agreement 

23 or contract on which the debt is based; or 

24 ‘‘(2) in the absence of such an agreement or con25 tract, the date of the termination of the service on 

26 which the debt is based. 

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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘bonus, incentive pay, or similar 

3 benefit’ means a bonus, incentive pay, special pay, or 

4 similar payment, or an educational benefit or sti5 pend, paid to a member of the uniformed services 

6 under a provision of law that refers to the repayment 

7 requirements of this section or section 303a(e) of this 

8 title. 

9 ‘‘(2) The term ‘service’ refers to an obligation 

10 willingly undertaken by a member of the uniformed 

11 services, in exchange for a bonus, incentive pay, or 

12 similar benefit offered by the Secretary concerned— 

13 ‘‘(A) to a regular or reserve component 

14 member who remains on active duty or in an ac15 tive status; 

16 ‘‘(B) to perform duty in a specified skill, 

17 with or without a specified qualification or cre18 dential; 

19 ‘‘(C) to perform duty in a specified assign20 ment, location or unit; or 

21 ‘‘(D) to perform duty for a specified period 

22 of time. 

23 ‘‘§ 374. Regulations 

24 ‘‘This subchapter shall be administered under regula25 tions prescribed by— 

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1 ‘‘(1) the Secretary of Defense, with respect to the 

2 armed forces under the jurisdiction of the Secretary 

3 of Defense; 

4 ‘‘(2) the Secretary of Homeland Security, with 

5 respect to the Coast Guard when it is not operating 

6 as a service in the Navy; 

7 ‘‘(3) the Secretary of Health and Human Serv8 ices, with respect to the commissioned corps of the 

9 Public Health Service; and 

10 ‘‘(4) the Secretary of Commerce, with respect to 

11 the National Oceanic and Atmospheric Administra12 tion.’’. 

13 (b) TRANSFER OF 15-YEAR CAREER STATUS BONUS

14 TO SUBCHAPTER II.— 

15 (1) TRANSFER.—Section 322 of title 37, United 

16 States Code, is transferred to appear after section 353 

17 of subchapter II of chapter 5 of such title, as added 

18 by subsection (a), and is redesignated as section 354. 

19 (2) CONFORMING AMENDMENT.—Subsection (f) of 

20 such section, as so transferred and redesignated, is 

21 amended by striking ‘‘section 303a(e)’’ and inserting 

22 ‘‘section 373’’. 

23 (3) CROSS REFERENCES.—Sections 1401a, 

24 1409(b)(2), and 1410 of title 10, United States Code, 

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1 are amended by striking ‘‘section 322’’ each place it 

2 appears and inserting ‘‘section 322 or 354’’. 

3 (c) TRANSFER OF RETENTION INCENTIVES FOR MEM4 BERS QUALIFIED IN CRITICAL MILITARY SKILLS OR AS5 SIGNED TO HIGH PRIORITY UNITS.— 

6 (1) TRANSFER.—Section 323 of title 37, United 

7 States Code, as amended by sections 614(e) and 621, 

8 is transferred to appear after section 354 of sub9 chapter II of chapter 5 of such title, as transferred 

10 and redesignated by subsection (b)(1), and is redesig11 nated as section 355. 

12 (2) CONFORMING AMENDMENT.—Subsection (g) 

13 of such section, as so transferred and redesignated, is 

14 amended by striking ‘‘section 303a(e)’’ and inserting 

15 ‘‘section 373’’. 

16 (d) CLERICAL AMENDMENTS.—The table of sections at 

17 the beginning of chapter 5 of title 37, United States Code, 

18 is amended to read as follows: 

‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS

AUTHORITIES

‘‘Sec. 

‘‘301. Incentive pay: hazardous duty. 

‘‘301a. Incentive pay: aviation career. 

‘‘301b. Special pay: aviation career officers extending period of active duty. 

‘‘301c. Incentive pay: submarine duty. 

‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 

‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 

‘‘302. Special pay: medical officers of the armed forces. 

‘‘302a. Special pay: optometrists. 

‘‘302b. Special pay: dental officers of the armed forces. 

‘‘302c. Special pay: psychologists and nonphysician health care providers. 

‘‘302d. Special pay: accession bonus for registered nurses. 

‘‘302e. Special pay: nurse anesthetists. 

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‘‘302f. Special pay: reserve, recalled, or retained health care officers. 

‘‘302g. Special pay: Selected Reserve health care professionals in critically short 

wartime specialties. 

‘‘302h. Special pay: accession bonus for dental officers. 

‘‘302i. Special pay: pharmacy officers. 

‘‘302j. Special pay: accession bonus for pharmacy officers. 

‘‘302k. Special pay: accession bonus for medical officers in critically short wartime specialties. 

‘‘302l. Special pay: accession bonus for dental specialist officers in critically short 

wartime specialties. 

‘‘303. Special pay: veterinarians. 

‘‘303a. Special pay: general provisions. 

‘‘303b. Waiver of board certification requirements. 

‘‘304. Special pay: diving duty. 

‘‘305. Special pay: hardship duty pay. 

‘‘305a. Special pay: career sea pay. 

‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team. 

‘‘306. Special pay: officers holding positions of unusual responsibility and of critical nature. 

‘‘306a. Special pay: members assigned to international military headquarters. 

‘‘307. Special pay: special duty assignment pay for enlisted members. 

‘‘307a. Special pay: assignment incentive pay. 

‘‘308. Special pay: reenlistment bonus. 

‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high priority units. 

‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 

than the Selected Reserve. 

‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of 

enlistment in elements of the Ready Reserve other than the Selected Reserve. 

‘‘308i. Special pay: prior service enlistment bonus. 

‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 

‘‘309. Special pay: enlistment bonus. 

‘‘310. Special pay: duty subject to hostile fire or imminent danger. 

‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 

‘‘312b. Special pay: nuclear career accession bonus. 

‘‘312c. Special pay: nuclear career annual incentive bonus. 

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas. 

‘‘315. Special pay: engineering and scientific career continuation pay. 

‘‘316. Special pay: bonus for members with foreign language proficiency. 

‘‘317. Special pay: officers in critical acquisition positions extending period of active duty. 

‘‘318. Special pay: special warfare officers extending period of active duty. 

‘‘319. Special pay: surface warfare officer continuation pay. 

‘‘320. Incentive pay: career enlisted flyers. 

‘‘321. Special pay: judge advocate continuation pay. 

‘‘324. Special pay: accession bonus for new officers in critical skills. 

‘‘325. Incentive bonus: savings plan for education expenses and other contingencies. 

‘‘326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage. 

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‘‘327. Incentive bonus: transfer between armed forces. 

‘‘328. Combat-related injury rehabilitation pay. 

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. 

‘‘330. Special pay: accession bonus for officer candidates. 

‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS

AUTHORITIES

‘‘331. General bonus authority for enlisted members. 

‘‘332. General bonus authority for officers. 

‘‘333. Special bonus and incentive pay authorities for nuclear officers. 

‘‘334. Special aviation incentive pay and bonus authorities for officers. 

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

‘‘351. Hazardous duty pay. 

‘‘352. Assignment pay or special duty pay. 

‘‘353. Skill incentive pay or proficiency bonus. 

‘‘354. Special pay: 15-year career status bonus for members entering service on 

or after August 1, 1986. 

‘‘355. Special pay: retention incentives for members qualified in critical military 

skills or assigned to high priority units. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘371. Relationship to other incentives and pays. 

‘‘372. Continuation of pays during hospitalization for wounds, injury, or illness 

incurred while on duty in a hostile fire area or exposed to an 

event of hostile fire or other hostile action. 

‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 

when conditions of payment not met. 

‘‘374. Regulations.’’. 

1 SEC. 662. TRANSITIONAL PROVISIONS. 

2 (a) IMPLEMENTATION PLAN.— 

3 (1) DEVELOPMENT.—The Secretary of Defense 

4 shall develop a plan to implement subchapters II and 

5 III of chapter 5 of title 37, United States Code, as 

6 added by section 661(a), and to correspondingly tran7 sition all of the special and incentive pay programs 

8 for members of the uniformed services solely to provi9 sions of such subchapters. 

10 (2) SUBMISSION.—Not later than one year after 

11 the date of the enactment of this Act, the Secretary 

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1 shall submit the implementation plan to the congres2 sional defense committees. 

3 (b) TRANSITION PERIOD.—During a transition period 

4 of not more than 10 years beginning on the date of the en5 actment of this Act, the Secretary of Defense, the Secretary 

6 of a military department, and the Secretaries referred to 

7 in subsection (c) may continue to use the authorities in pro8 visions in subchapter I of chapter 5 of title 37, United 

9 States Code, as designated by section 661(a), but subject 

10 to the terms of such provisions and such modifications as 

11 the Secretary of Defense may include in the implementation 

12 plan, to provide bonuses and special and incentive pays for 

13 members of the uniformed services. 

14 (c) COORDINATION.—The Secretary of Defense shall 

15 prepare the implementation plan in coordination with— 

16 (1) the Secretary of Homeland Security, with re17 spect to the Coast Guard; 

18 (2) the Secretary of Health and Human Serv19 ices, with respect to the commissioned corps of the 

20 Public Health Service; and 

21 (3) the Secretary of Commerce, with respect to 

22 the National Oceanic and Atmospheric Administra23 tion. 

24 (d) NO EFFECT ON FISCAL YEAR 2008 OBLIGA25 TIONS.—During fiscal year 2008, obligations incurred 

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1 under subchapters I, II, and III of chapter 5 of title 37, 

2 United States Code, as amended by section 661, to provide 

3 bonuses, incentive pays, special pays, and similar pay4 ments to members of the uniformed services under such sub5 chapters may not exceed the obligations that would be in6 curred in the absence of the amendments made by such sec7 tion. 

8 Subtitle G—Other Matters 

9 SEC. 671. EXPANSION OF EDUCATION LOAN REPAYMENT 

10 PROGRAM FOR MEMBERS OF THE SELECTED 

11 RESERVE. 

12 (a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE FOR

13 REPAYMENT.—Paragraph (1) of subsection (a) of section 

14 16301 of title 10, United States Code, is amended— 

15 (1) by striking ‘‘or’’ at the end of subparagraph 

16 (B); 

17 (2) by striking the period at the end of subpara18 graph (C) and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(D) any loan incurred for educational purposes 

22 made by a lender that is— 

23 ‘‘(i) an agency or instrumentality of a 

24 State; 

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1 ‘‘(ii) a financial or credit institution (in2 cluding an insurance company) that is subject to 

3 examination and supervision by an agency of 

4 the United States or any State; 

5 ‘‘(iii) a pension fund approved by the Sec6 retary for purposes of this section; or 

7 ‘‘(iv) a nonprofit private entity designated 

8 by a State, regulated by that State, and ap9 proved by the Secretary for purposes of this sec10 tion.’’. 

11 (b) PARTICIPATION OF OFFICERS IN PROGRAM.—Such 

12 subsection is further amended— 

13 (1) in paragraph (2)— 

14 (A) by striking ‘‘Except as provided in 

15 paragraph (3), the Secretary’’ and inserting 

16 ‘‘The Secretary’’; and 

17 (B) by striking ‘‘an enlisted member of the 

18 Selected Reserve of the Ready Reserve of an 

19 armed force in a reserve component and military 

20 specialty’’ and inserting ‘‘a member of the Se21 lected Reserve of the Ready Reserve of an armed 

22 force in a reserve component and in an officer 

23 program or military specialty’’; and 

24 (2) by striking paragraph (3). 

25 (c) CLERICAL AMENDMENTS.— 

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1 (1) SECTION HEADING.—The heading of such sec2 tion is amended to read as follows: 

3 ‘‘§ 16301. Education loan repayment program: mem4 bers of Selected Reserve’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of chapter 1609 of such title is 

7 amended by striking the item relating to section 

8 16301 and inserting the following new item: 

‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 

9 SEC. 672. ENSURING ENTRY INTO UNITED STATES AFTER 

10 TIME ABROAD FOR PERMANENT RESIDENT 

11 ALIEN MILITARY SPOUSES AND CHILDREN. 

12 Section 284 of the Immigration and Nationality Act 

13 (8 U.S.C. 1354) is amended— 

14 (1) by striking ‘‘Nothing’’ and inserting ‘‘(a) 

15 Nothing’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) In the case of a person lawfully admitted for per19 manent residence who is the spouse or child of a member 

20 of the Armed Forces of the United States, is authorized to 

21 accompany such member and reside abroad with the mem22 ber pursuant to the member’s official orders, and is so ac23 companying and residing with the member (in marital 

24 union if a spouse), such residence and physical presence 

25 abroad shall not be treated as— 

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1 ‘‘(1) an abandonment or relinquishment of law2 ful permanent resident status for purposes of section 

3 101(a)(13)(C)(i); or 

4 ‘‘(2) an absence from the United States for pur5 poses of section 101(a)(13)(C)(ii).’’. 

6 SEC. 673. OVERSEAS NATURALIZATION FOR MILITARY 

7 SPOUSES AND CHILDREN. 

8 (a) SPOUSES.—Section 319 of the Immigration and 

9 Nationality Act (8 U.S.C. 1430) is amended by adding at 

10 the end the following new subsection: 

11 ‘‘(e)(1) In the case of a person lawfully admitted for 

12 permanent residence in the United States who is the spouse 

13 of a member of the Armed Forces of the United States, is 

14 authorized to accompany such member and reside abroad 

15 with the member pursuant to the member’s official orders, 

16 and is so accompanying and residing with the member in 

17 marital union, such residence and physical presence abroad 

18 shall be treated, for purposes of subsection (a) and section 

19 316(a), as residence and physical presence in— 

20 ‘‘(A) the United States; and 

21 ‘‘(B) any State or district of the Department of 

22 Homeland Security in the United States. 

23 ‘‘(2) Notwithstanding any other provision of law, a 

24 spouse described in paragraph (1) shall be eligible for natu25 ralization proceedings oversees pursuant to section 1701(d) 

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1 of the National Defense Authorization Act for Fiscal Year 

2 2004 (Public Law 108–136; 8 U.S.C. 1443a).’’. 

3 (b) CHILDREN.—Section 322 of the Immigration and 

4 Nationality Act (8 U.S.C. 1433) is amended by adding at 

5 the end the following new subsection: 

6 ‘‘(d) In the case of a child of a member of the Armed 

7 Forces of the United States who is authorized to accompany 

8 such member and reside abroad with the member pursuant 

9 to the member’s official orders, and is so accompanying and 

10 residing with the member— 

11 ‘‘(1) any period of time during which the mem12 ber of the Armed Forces is residing abroad pursuant 

13 to official orders shall be treated, for purposes of sub14 section (a)(2)(A), as physical presence in the United 

15 States; 

16 ‘‘(2) subsection (a)(5) shall not apply; and 

17 ‘‘(3) the oath of allegiance described in subsection 

18 (b) may be subscribed to abroad pursuant to section 

19 1701(d) of the National Defense Authorization Act for 

20 Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

21 1443a).’’. 

22 (c) OVERSEAS NATURALIZATION AUTHORITY.—Sec23 tion 1701(d) of the National Defense Authorization Act for 

24 Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a) 

25 is amended— 

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1 (1) in the subsection heading, by inserting ‘‘AND

2 THEIR SPOUSES AND CHILDREN’’ after ‘‘FORCES’’; 

3 and 

4 (2) by inserting ‘‘, and persons made eligible for 

5 naturalization by section 319(e) or 322(d) of such 

6 Act,’’ after ‘‘Armed Forces’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect on the date of enactment of this Act 

9 and apply to any application for naturalization or 

10 issuance of a certificate of citizenship pending on or after 

11 such date. 

12 TITLE VII—HEALTH CARE 

13 PROVISIONS 

Sec. 701. Extension of prohibition on increases in certain health care costs for 

members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. 

Sec. 703. Fair pricing under pharmacy benefits program. 

Sec. 704. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 705. Establishment of Nurse Practitioner Program. 

Sec. 706. Services of mental health counselors. 

Sec. 707. Extension of pilot program for health care delivery. 

Sec. 708. Stipend for members of Reserve Components for health care for certain 

dependents. 

Sec. 709. Joint Pathology Center. 

Sec. 710. Report on training in preservation of remains under combat or combatrelated conditions. 

Sec. 711. Pre- and post-deployment assessments for the purpose of determining 

the cognitive functioning and brain health of deployed members 

of the Armed Forces. 

Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. 

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1 SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 

2 CERTAIN HEALTH CARE COSTS FOR MEM3 BERS OF THE UNIFORMED SERVICES. 

4 (a) EXTENSION OF PROHIBITION ON INCREASE IN

5 CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Sec6 tion 1097(e) of title 10, United States Code, is amended 

7 by striking ‘‘2007’’ and inserting ‘‘2008’’. 

8 (b) EXTENSION OF PROHIBITION IN INCREASE IN

9 CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of 

10 title 10, United States Code, is amended by striking 

11 ‘‘2007.’’ and inserting ‘‘2008’’. 

12 (c) EXTENSION OF PROHIBITION ON INCREASE IN

13 PREMIUMS UNDER TRICARE COVERAGE FOR CERTAIN

14 MEMBERS IN THE SELECTED RESERVE.—Section 

15 1076d(d)(3) of title 10, United States Code, is amended by 

16 striking ‘‘2007’’ and inserting ‘‘2008’’. 

17 (d) EXTENSION OF PROHIBITION ON INCREASE IN

18 PREMIUMS UNDER TRICARE COVERAGE FOR MEMBERS

19 OF THE READY RESERVE.—Section 1076b(e)(3) of title 10, 

20 United States Code, is amended by striking ‘‘2007’’ and in21 serting ‘‘2008’’. 

22 SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO23 PAYMENTS UNDER RETAIL PHARMACY SYS24 TEM OF PHARMACY BENEFITS PROGRAM. 

25 During the period beginning on October 1, 2007, and 

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1 ments established under paragraph (6) of section 1074g(a) 

2 of title 10, United States Code, for pharmaceutical agents 

3 available through retail pharmacies covered by paragraph 

4 (2)(E)(ii) of such section may not exceed amounts as fol5 lows: 

6 (1) In the case of generic agents, $3. 

7 (2) In the case of formulary agents, $9. 

8 (3) In the case of nonformulary agents, $22. 

9 SEC. 703. FAIR PRICING UNDER PHARMACY BENEFITS PRO10 GRAM. 

11 Section 1074g(a) of title 10, United States Code, is 

12 amended by adding at the end the following new paragraph: 

13 ‘‘(9)(A) In carrying out this subsection, the Sec14 retary may, to the extent recommended by the Phar15 macy and Therapeutics Committee in the course of re16 viewing any therapeutic class of pharmaceutical 

17 agents, exclude from the pharmacy benefits program 

18 any pharmaceutical agent that is not provided to the 

19 Secretary consistent with the pricing standard set 

20 forth subparagraph (B). 

21 ‘‘(B) The pricing standard referred to in sub22 paragraph (A) is that the price of any pharma23 ceutical agent made available to beneficiaries through 

24 all the means described in paragraph (2)(E) shall be 

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1 the same as, or lower than, the price of the agent 

2 under section 8126 of title 38, United States Code.’’. 

3 SEC. 704. PROHIBITION ON CONVERSION OF MILITARY 

4 MEDICAL AND DENTAL POSITIONS TO CIVIL5 IAN MEDICAL AND DENTAL POSITIONS. 

6 (a) PROHIBITION.—The Secretary of a military de7 partment may not convert any military medical or dental 

8 position to a civilian medical or dental position on or after 

9 October 1, 2007. 

10 (b) REPORT.— 

11 (1) REQUIREMENT.—The Secretary of Defense 

12 shall submit to the congressional defense committees a 

13 report on conversions made during fiscal year 2007 

14 not later than 180 days after the enactment of this 

15 Act. 

16 (2) MATTERS COVERED.—The report shall in17 clude the following: 

18 (A) The number of military medical or den19 tal positions, by grade or band and specialty, 

20 converted to civilian medical or dental positions. 

21 (B) The results of a market survey in each 

22 affected area of the availability of civilian med23 ical and dental care providers in such area in 

24 order to determine whether there were civilian 

25 medical and dental care providers available in 

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1 such area adequate to fill the civilian positions 

2 created by the conversion of military medical 

3 and dental positions to civilian positions in such 

4 area. 

5 (C) An analysis, by affected area, showing 

6 the extent to which access to health care and cost 

7 of health care was affected in both the direct care 

8 and purchased care systems, including an assess9 ment of the effect of any increased shifts in pa10 tient load from the direct care to the purchased 

11 care system, or any delays in receipt of care in 

12 either the direct or purchased care system be13 cause of the conversions. 

14 (D) The extent to which military medical 

15 and dental positions converted to civilian med16 ical or dental positions affected recruiting and 

17 retention of uniformed medical and dental per18 sonnel. 

19 (E) A comparison of the full costs for the 

20 military medical and dental positions converted 

21 with the full costs for civilian medical and den22 tal positions, including expenses such as recruit23 ing, salary, benefits, training, and any other 

24 costs the Department identifies. 

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1 (F) An assessment showing that the mili2 tary medical or dental positions converted were 

3 in excess of the military medical and dental po4 sitions needed to meet medical and dental readi5 ness requirements of the uniformed services, as 

6 determined jointly by all the uniformed services. 

7 (c) DEFINITIONS.—In this section: 

8 (1) The term ‘‘military medical or dental posi9 tion’’ means a position for the performance of health 

10 care functions within the Armed Forces held by a 

11 member of the Armed Forces. 

12 (2) The term ‘‘civilian medical or dental posi13 tion’’ means a position for the performance of health 

14 care functions within the Department of Defense held 

15 by an employee of the Department or of a contractor 

16 of the Department. 

17 (3) The term ‘‘uniformed services’’ has the mean18 ing given that term in section 1072(1) of title 10, 

19 United States Code. 

20 (4) The term ‘‘conversion,’’ with respect to a 

21 military medical or dental position, means a change 

22 of the position to a civilian medical or dental posi23 tion, effective as of the date of the manning authoriza24 tion document of the military department making the 

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1 tary to civilian in the document, the elimination of 

2 the listing of the position as a military position in 

3 the document, or through any other means indicating 

4 the change in the document or otherwise). 

5 (d) REPEAL.—Section 742 of the John Warner Na6 tional Defense Authorization Act for Fiscal Year 2007 (Pub7 lic Law 109-364; 120 Stat. 2306) is repealed. 

8 SEC. 705. ESTABLISHMENT OF NURSE PRACTITIONER PRO9 GRAM. 

10 The Secretary of Defense shall establish at the Uni11 formed Services University of the Health Sciences a grad12 uate education program for advanced-practice nursing. The 

13 Secretary shall, in consultation with the Secretaries of the 

14 military departments, determine programs of instruction 

15 leading to designation as a Nurse Practitioner, which shall 

16 include, at a minimum, family practice and psychiatric or 

17 mental health. The program shall be designed to ensure that 

18 graduates of the program are fully eligible to meet 

19 credentialing requirements of the military departments and 

20 at least one State. 

21 SEC. 706. SERVICES OF MENTAL HEALTH COUNSELORS. 

22 (a) REIMBURSEMENT OF MENTAL HEALTH COUN23 SELORS UNDER TRICARE.— 

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1 (1) REIMBURSEMENT UNDER TRICARE.—Section 

2 1079(a)(8) of title 10, United States Code, is amend3 ed— 

4 (A) by inserting ‘‘or licensed or certified 

5 mental health counselors’’ after ‘‘certified mar6 riage and family therapists’’ both places it ap7 pears; and 

8 (B) by inserting ‘‘or licensed or certified 

9 mental health counselors’’ after ‘‘that the thera10 pists.’’ 

11 (2) AUTHORITY TO ASSESS MEDICAL OR PSYCHO12 LOGICAL NECESSITY OF SERVICE OR SUPPLY.—Sec13 tion 1079(a)(13) of such title is amended by inserting 

14 ‘‘, licensed or certified mental health counselor,’’ after 

15 ‘‘certified marriage and family therapist’’. 

16 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 

17 (1) AUTHORITY TO ENTER INTO PERSONAL SERV18 ICES CONTRACTS.—Section 704(c)(2) of the National 

19 Defense Authorization Act for Fiscal Year 1995 (Pub20 lic Law 103–337; 108 Stat. 2799; 10 U.S.C. 1091 

21 note) is amended by inserting ‘‘mental health coun22 selors,’’ after ‘‘psychologists,’’. 

23 (2) APPLICABILITY OF LICENSURE REQUIREMENT

24 FOR HEALTH-CARE PROFESSIONALS.—Section 1094 

25 (e)(2) of title 10, United States Code, is amended by 

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1 inserting ‘‘mental health counselor,’’ after ‘‘psycholo2 gist,’’. 

3 SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH 

4 CARE DELIVERY. 

5 (a) EXTENSION OF DURATION OF PILOT PROGRAM.— 

6 Section 721(e) of the Ronald W. Reagan National Defense 

7 Authorization Act for Fiscal Year 2005 (Public Law 108– 

8 375; 10 U.S.C. 1092 note) is amended by striking ‘‘and 

9 2007’’ and inserting ‘‘, 2007, 2008, 2009, and 2010’’. 

10 (b) EXTENSION OF REPORT DEADLINE.—Section 

11 721(f) of such Act is amended by striking ‘‘July 1, 2007’’ 

12 and inserting ‘‘July 1, 2010’’. 

13 (c) REVISION IN SELECTION CRITERIA.—Section 

14 721(d)(2) of such Act is amended by striking ‘‘expected to 

15 increase over the next five years’’ and inserting ‘‘has in16 creased over the five years preceding 2008’’. 

17 (d) ADDITION TO REQUIREMENTS OF PILOT PRO18 GRAM.—Section 721(b) of such Act is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (3); 

21 (2) by striking the period and inserting ‘‘; and’’ 

22 at the end of paragraph (4); and 

23 (3) by adding at the end the following: 

24 ‘‘(5) collaborate with State and local authorities 

25 to create an arrangement to share and exchange, bemstockstill on PROD1PC66 with BILLS

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1 tween the Department of Defense and non-military 

2 health care systems, personal health information and 

3 data of military personnel and their families.’’. 

4 SEC. 708. STIPEND FOR MEMBERS OF RESERVE COMPO5 NENTS FOR HEALTH CARE FOR CERTAIN DE6 PENDENTS. 

7 The Secretary of Defense may pay a stipend to a mem8 ber of a reserve component who is called or ordered to active 

9 duty for a period of more than 30 days for purposes of 

10 maintaining civilian health care coverage for a dependant 

11 whom the Secretary determines to possess a special health 

12 care need that would be best met by remaining in the mem13 ber’s civilian health plan. In making such determination, 

14 the Secretary shall consider whether— 

15 (1) the dependent of the member was receiving 

16 treatment for the special health care need before the 

17 call or order to active duty of the member; and 

18 (2) the call or order to active duty would result 

19 in an interruption in treatment or a change in health 

20 care provider for such treatment. 

21 SEC. 709. JOINT PATHOLOGY CENTER. 

22 (a) ESTABLISHMENT.—The Secretary of Defense shall 

23 establish a Joint Pathology Center located on the National 

24 Naval Medical Center in Bethesda, Maryland, that shall 

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1 function as the reference center in pathology for the Depart2 ment of Defense. 

3 (b) SERVICES.—The Joint Pathology Center shall pro4 vide, at a minimum, the following services: 

5 (1) Diagnostic pathology consultation in medi6 cine, dentistry, and veterinary sciences. 

7 (2) Pathology education, to include graduate 

8 medical education, including residency and fellowship 

9 programs, and continuing medical education. 

10 (3) Diagnostic pathology research. 

11 SEC. 710. REPORT ON TRAINING IN PRESERVATION OF RE12 MAINS UNDER COMBAT OR COMBAT-RELATED 

13 CONDITIONS. 

14 (a) REPORT REQUIRED.—The Secretary of Defense 

15 shall submit to the Committees on Armed Services of the 

16 Senate and the House of Representatives a report on the 

17 requirements of section 567 of the John Warner National 

18 Defense Authorization Act for Fiscal Year 2007 (Public 

19 Law 109–364; 120 Stat. 2224; 10 U.S.C. 1481 note). 

20 (b) MATTERS COVERED.—The report shall include a 

21 detailed description of the implementation of such section, 

22 including— 

23 (1) where the training program is taking place; 

24 (2) who is providing the training; 

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1 (3) the number of each type of military health 

2 care professional trained to date; and 

3 (4) what the training covers. 

4 (c) DEADLINE.—The report required by this section 

5 shall be submitted not later than 180 days after the date 

6 of the enactment of this Act. 

7 SEC. 711. PRE- AND POST-DEPLOYMENT ASSESSMENTS FOR 

8 THE PURPOSE OF DETERMINING THE COG9 NITIVE FUNCTIONING AND BRAIN HEALTH OF 

10 DEPLOYED MEMBERS OF THE ARMED 

11 FORCES. 

12 (a) ESTABLISHMENT.—The Secretary of Defense, in 

13 collaboration with the Secretaries of the military depart14 ments, shall establish a computer-based program that as15 sesses the cognitive functioning, in a pre- and post-deploy16 ment environment, of all members of the armed forces who 

17 are deployed in support of the Global War on Terror, in18 cluding Operation Iraqi Freedom and Operation Enduring 

19 Freedom. 

20 (b) MINIMUM PROTOCOL REQUIREMENTS.— 

21 (1) IN GENERAL.—The program required by sub22 section (a) shall include— 

23 (A) administration of computer-based 

24 neurocognitive assessments; 

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1 (B) pre-deployment assessments to establish 

2 a neurocognitive baseline for members of the 

3 Armed Forces for future treatment; 

4 (C) a tool to assess mood states associated 

5 with post-traumatic stress syndrome; and 

6 (D) a standardized battery of tests to assess 

7 traumatic brain injury. 

8 (c) ASSESSMENTS.— 

9 (1) FREQUENCY.—The predeployment assessment 

10 to baseline neurocognitive functioning shall be admin11 istered within 90 days prior to deployment. The post12 deployment assessment shall be administered within 

13 45 days of return from theater. 

14 (2) REQUIREMENTS OF ASSESSMENT.—The com15 puter-based neurocognitive assessments required by 

16 subsection (a) shall include the capability to be 

17 archived and stored on Department of Defense-based 

18 servers for future medical use. 

19 (d) REPORT.—Not later than 9 months after the date 

20 of enactment of this Act, the Secretary of Defense shall sub21 mit to the Committees on Armed Services of the Senate and 

22 the House of Representatives a report on the implementa23 tion of this section. 

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1 SEC. 712. GUARANTEED FUNDING FOR WALTER REED ARMY 

2 MEDICAL CENTER. 

3 The amount of funds available for the commander of 

4 Walter Reed Army Medical Center for a fiscal year shall 

5 be not less than the amount expended by the commander 

6 of Walter Reed Army Medical Center in fiscal year 2006 

7 until the first fiscal year beginning after the date on which 

8 the Secretary of Defense certifies to the Committee on 

9 Armed Services of the Senate and the Committee on Armed 

10 Services of the House of Representatives that the expanded 

11 facilities at the National Naval Medical Center, Bethesda, 

12 Maryland, and DeWitt Army Community Hospital, Fort 

13 Belvoir, Virginia, as described in section 304(a), are com14 pleted, equipped, and staffed with sufficient capacity to ac15 cept and provide at least the same level of care as patients 

16 received at Walter Reed Army Medical Center during fiscal 

17 year 2006. 

18 TITLE VIII—ACQUISITION POL19 ICY, ACQUISITION MANAGE20 MENT, AND RELATED MAT21 TERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Definition of commercial services. 

Sec. 802. Acquisition workforce provisions. 

Sec. 803. Guidance on defense procurements made through contracts of other 

agencies. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Prohibition on procurement from companies in violation of the Iran 

and Syria Nonproliferation Act. 

Sec. 806. Lead systems integrators. 

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Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska 

Native-serving institutions. 

Sec. 808. Reinvestment in domestic sources of strategic materials. 

Sec. 809. Clarification of the protection of strategic materials critical to national 

security. 

Sec. 810. Debarment of contractors convicted of criminal violations of the Arms 

Export Control Act. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition 

of a commercial item. 

Sec. 812. Clarification of submission of cost or pricing data on noncommercial 

modifications of commercial items. 

Sec. 813. Plan for restricting Government-unique contract clauses on commercial 

contracts. 

Sec. 814. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 815. Extension of authority to fill shortage category positions for certain federal acquisition positions. 

Sec. 816. Extension of authority to carry out certain prototype projects. 

Sec. 817. Clarification of limited acquisition authority for special operations 

command. 

Sec. 818. Exemption of special operations command from certain requirements 

for contracts relating to vessels, aircraft, and combat vehicles. 

Sec. 819. Provision of authority to maintain equipment to unified combatant 

command for joint warfighting. 

Sec. 820. Market research. 

Subtitle C—Accountability in Contracting 

Sec. 821. Limitation on length of noncompetitive contracts. 

Sec. 822. Maximizing fixed-price procurement contracts. 

Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 824. Disclosure of Government contractor audit findings. 

Sec. 825. Study of acquisition workforce. 

Sec. 826. Report to Congress. 

Subtitle D—Contracts Relating to Iraq and Afghanistan 

Sec. 831. Memorandum of understanding on matters relating to contracting. 

Sec. 832. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. 

Sec. 833. Definitions. 

Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. 

Sec. 842. Report to Congress required on delays in major phases of acquisition 

process for major automated information system programs. 

Sec. 843. Requirement for licensing of certain military designations and 

likenesses of weapons systems to toy and hobby manufacturers. 

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Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. 

Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. 

Sec. 846. Requirements relating to waivers of certain domestic source limitations. 

Sec. 847. Multiple cost threshold breaches. 

Sec. 848. Phone cards. 

Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, 

and appeals arising out of maritime contracts. 

Sec. 850. Clarification of jurisdiction of the United States district courts to hear 

bid protest disputes involving maritime contracts. 

1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. DEFINITION OF COMMERCIAL SERVICES. 

4 (a) COMMERCIAL ITEM REGULATIONS TO BE USED

5 ONLY FOR COMMERCIAL SERVICES MEETING STATUTORY

6 DEFINITION.—The Administrator for Federal Procurement 

7 Policy shall revise the Federal Acquisition Regulation to en8 sure that only commercial services as defined in section 

9 4(12)(F) of the Office of Federal Procurement Policy Act 

10 (41 U.S.C. 403(12)(F)) are procured under procedures set 

11 forth in Part 12 of the Federal Acquisition Regulation. In 

12 carrying out the revision, the Administrator shall remove 

13 the words ‘‘of a type’’ from the definition of commercial 

14 services to be procured under such Part 12. 

15 (b) REQUIREMENT TO ANALYZE TWO OPTIONS FOR

16 PROCUREMENT OF SERVICES SIMILAR TO COMMERCIAL

17 SERVICES.—The Administrator for Federal Procurement 

18 Policy shall analyze the two options described in subsection 

19 (c) to determine which regulations would be in the best in20 terest of the Government for the procurement of services 

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1 similar to commercial services. After completing the anal2 ysis, the Administrator shall revise the Federal Acquisition 

3 Regulation to include the option that the Administrator has 

4 determined to be in the best interest of the Government. 

5 (c) OPTIONS FOR ANALYSIS.—The two options are as 

6 follows: 

7 (1) OPTION 1.—Part 12 of the Federal Acquisi8 tion, relating to acquisition of commercial items, with 

9 the following additional provisions: 

10 (A) Subject to subparagraph (B), the con11 tracting officer may request the following infor12 mation from the offeror: 

13 (i) Prices paid for the same or similar 

14 commercial items under comparable terms 

15 and conditions by both government and 

16 commercial customers. 

17 (ii) Information regarding price or 

18 cost that may support the price offered, such 

19 as wages, subcontracts, or material costs. 

20 (iii) Such other information as the Ad21 ministrator considers appropriate. 

22 (B) The contracting officer should not re23 quest more information than is necessary to de24 termine that an offered price is reasonable. 

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1 (2) OPTION 2.—Part 15 of the Federal Acquisi2 tion Regulation, relating to contracting by negotia3 tion, as in effect on the date of the enactment of this 

4 Act. 

5 SEC. 802. ACQUISITION WORKFORCE PROVISIONS. 

6 (a) REPEAL OF SUNSET OF ACQUISITION WORKFORCE

7 TRAINING FUND.—Section 37(h)(3) of the Office of Federal 

8 Procurement Policy Act (41 U.S.C. 433(h)(3)) is amended 

9 by striking subparagraph (H). 

10 (b) REQUIREMENT FOR SECTION ON ACQUISITION

11 WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN.— 

12 (1) IN GENERAL.—In the update of the strategic 

13 human capital plan for 2008, and in each subsequent 

14 update, the Secretary of Defense shall include a sepa15 rate section focused on the defense acquisition work16 force, including both military and civilian personnel. 

17 (2) FUNDING.—The section shall contain— 

18 (A) an identification of the funding pro19 grammed for acquisition workforce training in 

20 the future years defense program; 

21 (B) a determination by the Secretary of 

22 whether such funding is adequate; and 

23 (C) an evaluation of how such funding can 

24 be protected from being diverted to other uses. 

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1 (3) AREAS OF NEED.—The section also shall 

2 identify any areas of need in the acquisition work3 force, including— 

4 (A) changes to the types of skills needed in 

5 the acquisition workforce; 

6 (B) incentives to retain in the acquisition 

7 workforce qualified, experienced acquisition 

8 workforce personnel; and 

9 (C) incentives for attracting new, high-qual10 ity personnel to the acquisition workforce. 

11 (c) STRATEGIC HUMAN CAPITAL PLAN DEFINED.—In 

12 this section, the term ‘‘strategic human capital plan’’ means 

13 the strategic human capital plan required under section 

14 1122 of the National Defense Authorization Act for Fiscal 

15 Year 2006 (Public Law 109–163; 119 Stat. 3452; 10 U.S.C. 

16 prec. 1580 note). 

17 SEC. 803. GUIDANCE ON DEFENSE PROCUREMENTS MADE 

18 THROUGH CONTRACTS OF OTHER AGENCIES. 

19 (a) GUIDANCE.—The Under Secretary of Defense for 

20 Acquisition, Technology, and Logistics shall issue guidance 

21 on the use of interagency contracting by the Department 

22 of Defense. 

23 (b) MATTERS COVERED.—The guidance shall include, 

24 at a minimum, the following provisions: 

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1 (1) Items unique to the Department of Defense 

2 may not be acquired by interagency contracting. 

3 (2) Acquisition officials should make a good faith 

4 effort, including through the conduct of market re5 search, if appropriate, to identify whether an item 

6 considered for interagency contracting is already 

7 being provided under a contract awarded by the De8 partment of Defense. 

9 (3) Acquisition officials shall ensure that, with 

10 respect to the outside agency involved in any procure11 ment through interagency contracting, any require12 ments related to the procurement that are specific to 

13 the Department of Defense shall be identified and 

14 communicated to the agency, including relevant re15 quirements of the following: 

16 (A) The Federal Acquisition Regulation. 

17 (B) The Department of Defense Supplement 

18 to the Federal Acquisition Regulation. 

19 (C) Appropriations laws. 

20 (D) Provisions in law or regulation that are 

21 unique to defense procurement and that apply to 

22 the specific contract under consideration, but 

23 that may not be included under subparagraph 

24 (A), (B), or (C). 

25 (c) DEFINITIONS.—In this section: 

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1 (1) INTERAGENCY CONTRACTING.—The term 

2 ‘‘interagency contracting’’ means the procurement of 

3 goods or services (under section 1535 of title 31, 

4 United States Code) through a contract entered into 

5 by an agency outside the Department of Defense. 

6 (2) ACQUISITION OFFICIAL.—The term ‘‘acquisi7 tion official’’ means— 

8 (A) in the case of a direct acquisition, the 

9 contracting officer for the acquisition; and 

10 (B) in the case of an assisted acquisition, 

11 the program manager coordinating the acquisi12 tion for the Department of Defense. 

13 (3) DIRECT ACQUISITION.—The term ‘‘direct ac14 quisition’’ means the type of interagency contracting 

15 through which the Department of Defense orders an 

16 item or service from a government-wide acquisition 

17 contract maintained by an agency outside the De18 partment. 

19 (4) ASSISTED ACQUISITION.—The term ‘‘assisted 

20 acquisition’’ means the type of interagency con21 tracting through which an agency outside the Depart22 ment of Defense awards a contract for the procure23 ment of goods or services. 

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1 SEC. 804. PROHIBITION ON PROCUREMENT FROM BENE2 FICIARIES OF FOREIGN SUBSIDIES. 

3 (a) PROHIBITION.—The Secretary of Defense may not 

4 enter into a contract for the procurement of goods or services 

5 from any foreign person to which the government of a for6 eign country that is a member of the World Trade Organi7 zation has provided a subsidy if— 

8 (1) the United States has requested consultations 

9 with that foreign country under the Agreement on 

10 Subsidies and Countervailing Measures on the basis 

11 that the subsidy is a prohibited subsidy under that 

12 Agreement; and 

13 (2) either— 

14 (A) the issue before the World Trade Orga15 nization has not been resolved; or 

16 (B) the World Trade Organization has 

17 ruled that the subsidy provided by the foreign 

18 country is a prohibited subsidy under the Agree19 ment on Subsidies and Countervailing Measures. 

20 (b) JOINT VENTURES.—The prohibition under sub21 section (a) with respect to a foreign person also applies to 

22 any joint venture, cooperative organization, partnership, or 

23 contracting team of which that foreign person is a member. 

24 (c) SUBCONTRACTS AND TASK ORDERS.—The prohibi25 tion under subsection (a) with respect to a contract also 

26 applies to any subcontracts at any tier entered into under 

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1 the contract and any task orders at any tier issued under 

2 the contract. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘Agreement on Subsidies and 

5 Countervailing Measures’’ means the agreement de6 scribed in section 101(d)(12) of the Uruguay Round 

7 Agreements Act (19 U.S.C. 3501(d)(12)). 

8 (2) The term ‘‘foreign person’’ means— 

9 (A) an individual who is not a United 

10 States person or an alien lawfully admitted for 

11 permanent residence into the United States; or 

12 (B) a corporation, partnership, or other 

13 nongovernmental entity which is not a United 

14 States person. 

15 (3) The term ‘‘United States person’’ means— 

16 (A) a natural person who is a citizen of the 

17 United States or who owes permanent allegiance 

18 to the United States; and 

19 (B) a corporation or other legal entity 

20 which is organized under the laws of the United 

21 States, any State or territory thereof, or the Dis22 trict of Columbia, if natural persons described in 

23 subparagraph (A) own, directly or indirectly, 

24 more than 50 percent of the outstanding capital 

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1 stock or other beneficial interest in such legal en2 tity. 

3 (e) APPLICABILITY.— 

4 (1) PROGRAMS WITH MILESTONE B APPROVAL

5 NOT COVERED.—The prohibition under subsection (a) 

6 shall not apply to any contract under a major defense 

7 acquisition program that has received Milestone B 

8 approval as of the date of the enactment of this Act. 

9 (2) DEFINITIONS.—In this subsection: 

10 (A) The term ‘‘major defense acquisition 

11 program’’ means a Department of Defense acqui12 sition program that is a major defense acquisi13 tion program for purposes of section 2430 of title 

14 10, United States Code. 

15 (B) The term ‘‘Milestone B approval’’ has 

16 the meaning provided that term in section 

17 2366(e)(7) of such title. 

18 SEC. 805. PROHIBITION ON PROCUREMENT FROM COMPA19 NIES IN VIOLATION OF THE IRAN AND SYRIA 

20 NONPROLIFERATION ACT. 

21 (a) PROHIBITION.—Except as provided in subsection 

22 (c), funds appropriated or otherwise available to the De23 partment of Defense may not be used for the procurement 

24 of goods or services from a source subject to sanctions for 

25 violations of the Iran and Syria Nonproliferation Act (Pubmstockstill on PROD1PC66 with BILLS

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1 lic Law 106–178; 50 U.S.C. 1701 note) or from any source 

2 that is owned or controlled by a sanctioned entity. 

3 (b) CONTRACTS COVERED.—This section applies to 

4 prime contracts and subcontracts at any tier under such 

5 contracts. 

6 (c) EXCEPTION.— 

7 (1) IN GENERAL.—Subsection (a) does not apply 

8 in any case in which the Secretary of Defense deter9 mines that there is a compelling reason to solicit an 

10 offer from, award a contract or subcontract to, or ex11 tend a contract or subcontract with a source described 

12 in that subsection. The exception in the preceding sen13 tence may not be used if the same or reasonably 

14 equivalent products or services are available from a 

15 non-sanctioned source. 

16 (2) NOTICE TO CONGRESS.—The Secretary shall 

17 transmit to the Committees on Armed Services of the 

18 Senate and the House of Representatives a notice of 

19 any determination made under paragraph (1) at the 

20 time of the determination. 

21 SEC. 806. LEAD SYSTEMS INTEGRATORS. 

22 (a) PROHIBITION ON THE USE OF LEAD SYSTEMS IN23 TEGRATORS.—The Department of Defense may not award 

24 any new contracts for lead systems integrator functions in 

25 the acquisition of major systems, effective October 1, 2011. 

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1 (b) PLAN FOR ACQUISITION WORKFORCE.— 

2 (1) REQUIREMENT.—The Secretary of Defense 

3 shall develop a plan for establishing the appropriate 

4 size of the acquisition workforce to accomplish inher5 ently governmental functions related to acquisition of 

6 major weapons systems. In developing the plan, the 

7 Secretary shall, at a minimum— 

8 (A) identify the positions and skills, due to 

9 their inherently governmental nature, that 

10 should be supplied by Department of Defense 

11 personnel versus contractor personnel; 

12 (B) identify the gaps in skills that exist 

13 within the current defense workforce; 

14 (C) create a plan for closing such skill gaps; 

15 (D) create a plan for obtaining a proper 

16 match between the level of acquisition expertise 

17 within each acquisition program office and the 

18 level of risk associated with the acquisition pro19 gram that the program office is expected to man20 age; and 

21 (E) identify the additional personnel or hir22 ing authorities that may be required on an in23 terim basis, until such time as the Department 

24 of Defense has sufficient government personnel to 

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1 fill the positions designated as inherently govern2 mental. 

3 (2) DEADLINE.—The plan described in para4 graph (1) shall be submitted to the congressional de5 fense committees no later than October 1, 2008. 

6 (c) EXCEPTION FOR CONTRACTS FOR OTHER MANAGE7 MENT SERVICES.—The Department of Defense may con8 tinue to award contracts for the procurement of services the 

9 primary purpose of which is to perform acquisition support 

10 functions with respect to the development or production of 

11 a major system, if the following conditions are met: 

12 (1) The contractor may not perform inherently 

13 governmental functions, as may be prescribed by the 

14 Secretary of Defense, including— 

15 (A) determining courses of action to be 

16 taken in the best interest of the government; and 

17 (B) determining best technical performance 

18 for the warfighter; and 

19 (2) a prime contractor for such a contract may 

20 not award a subcontract to an entity owned in whole 

21 or in part by the prime contractor. 

22 (d) DEFINITIONS.—In this section: 

23 (1) LEAD SYSTEMS INTEGRATOR.—The term 

24 ‘‘lead systems integrator’’ means— 

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1 (A) a prime contractor for the development 

2 or production of a major system, if the prime 

3 contractor is not expected at the time of award 

4 to perform a substantial portion of the work on 

5 the system and the major subsystems; or 

6 (B) a prime contractor under a contract for 

7 the procurement of services the primary purpose 

8 of which is to perform acquisition functions 

9 closely associated with inherently governmental 

10 functions with respect to the development or pro11 duction of a major system. 

12 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

13 has the meaning given such term in section 2302d of 

14 title 10, United States Code. 

15 SEC. 807. PROCUREMENT GOAL FOR NATIVE HAWAIIAN16 SERVING INSTITUTIONS AND ALASKA NA17 TIVE-SERVING INSTITUTIONS. 

18 Section 2323 of title 10, United States Code, is amend19 ed— 

20 (1) in subsection (a)(1)— 

21 (A) by striking ‘‘and’’ at the end of sub22 paragraph (C); 

23 (B) by striking the period at the end of sub24 paragraph (D) and inserting ‘‘; and’’; and 

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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(E) Native Hawaiian-serving institutions 

4 and Alaska Native-serving institutions (as de5 fined in section 317 of the Higher Education Act 

6 of 1965).’’; 

7 (2) in subsection (a)(2) by inserting after ‘‘His8 panic-serving institutions,’’ the following: ‘‘Native 

9 Hawaiian-serving institutions and Alaska Native10 serving institutions,’’; 

11 (3) in subsection (c)(1), by inserting after ‘‘His12 panic-serving institutions,’’ the following: ‘‘Native 

13 Hawaiian-serving institutions and Alaska Native14 serving institutions,’’; and 

15 (4) in subsection (c)(3), by inserting after ‘‘His16 panic-serving institutions,’’ the following: ‘‘to Native 

17 Hawaiian-serving institutions and Alaska Native 

18 -serving institutions,’’. 

19 SEC. 808. REINVESTMENT IN DOMESTIC SOURCES OF STRA20 TEGIC MATERIALS. 

21 (a) REINVESTMENT REQUIRED.— 

22 (1) PROPOSAL EVALUATION CRITERIA.—The 

23 Under Secretary of Defense for Acquisition, Tech24 nology, and Logistics shall issue guidance requiring 

25 that all Department of Defense solicitations for promstockstill on PROD1PC66 with BILLS

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1 posals for major systems that could contain strategic 

2 materials clearly specify that an evaluation criteria 

3 for such proposals will be the extent to which each 

4 prospective strategic material supplier demonstrates a 

5 record of sustained reinvestment in processes, infra6 structure, workforce training, and facilities for domes7 tic production of such a material, as well as a plan 

8 for continued reinvestment. 

9 (2) FLOW DOWN REQUIRED.—Guidance issued 

10 under this subsection shall require that the evaluation 

11 criteria be incorporated by reference into any solicita12 tion for sources of strategic materials at any contrac13 tual tier. 

14 (b) REVIEW AND REPORT.— 

15 (1) REVIEW REQUIRED.—The Strategic Mate16 rials Protection Board, established under section 187 

17 of title 10, United States Code, shall, on an annual 

18 basis— 

19 (A) review the number of proposals sub20 mitted for major systems that could contain stra21 tegic materials; and 

22 (B) as part of the Board’s duties under 

23 paragraph (2) and (3) of section 187(b) of such 

24 title, determine the following: 

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1 (i) The percentage of proposals that 

2 were found to be responsive to the reinvest3 ment evaluation criteria required under 

4 subsection (a). 

5 (ii) The percentage of responsive pro6 posals that were awarded. 

7 (iii) The percentage of non-responsive 

8 proposals that were awarded. 

9 (iv) The long-term viability of strategic 

10 materials suppliers, based upon the past 

11 and future reinvestment planned by the 

12 suppliers. 

13 (2) INCLUSION IN BOARD REPORT.—The Strategic 

14 Materials Protection Board shall include its findings in the 

15 next report submitted to Congress under section 187(d) of 

16 title 10, United States Code, after the date of the enactment 

17 of this Act. The Board shall include the findings of subse18 quent annual reviews in subsequent reports submitted under 

19 such section. 

20 (c) DEFINITIONS.—In this section: 

21 (1) STRATEGIC MATERIAL.—The term ‘‘strategic 

22 material’’ means— 

23 (A) a material designated as critical to na24 tional security by the Strategic Materials Protecmstockstill on PROD1PC66 with BILLS

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1 tion Board in accordance with the section 187 of 

2 title 10, United States Code; 

3 (B) a specialty metal as defined by section 

4 2533b of title 10, United States Code; or 

5 (C) steel. 

6 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

7 has the meaning provided in section 2302 of title 10, 

8 United States Code. 

9 SEC. 809. CLARIFICATION OF THE PROTECTION OF STRA10 TEGIC MATERIALS CRITICAL TO NATIONAL 

11 SECURITY. 

12 (a) DEFINITION OF REQUIRED FORM.—Subsection (b) 

13 of section 2533b of title 10, United States Code, is amended 

14 by striking the period at the end and inserting the fol15 lowing: ‘‘and the term ‘required form’ means mill products, 

16 such as slab, plate and sheet, in the required form necessary. 

17 The term ‘required form’ shall not apply to end items or 

18 to their components at any tier.’’. 

19 (b) APPLICABILITY TO PROCUREMENTS OF COMMER20 CIAL ITEMS.—Subsection (h) of section 2533b of title 10, 

21 United States Code, is amended by inserting ‘‘or 35’’ after 

22 ‘‘This section applies to procurements of commercial items 

23 notwithstanding section 34.’’ 

24 (c) REVISION OF DOMESTIC NON-AVAILABILITY DE25 TERMINATIONS.—Any Domestic Non-Availability Determstockstill on PROD1PC66 with BILLS

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1 mination made by the Department of Defense between De2 cember 6, 2006 and the date 60 days after the date of the 

3 enactment of this Act shall be reviewed and amended, if 

4 necessary, to comply with subsection (a) and (b). 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 subsections (a) and (b) shall apply with respect to contracts 

7 entered into 60 days after the date of the enactment of this 

8 Act. 

9 SEC. 810. DEBARMENT OF CONTRACTORS CONVICTED OF 

10 CRIMINAL VIOLATIONS OF THE ARMS EXPORT 

11 CONTROL ACT. 

12 (a) DEBARMENT.—Except as provided in subsection 

13 (b), if the Secretary of Defense determines that a contractor 

14 or prospective contractor has been convicted of a criminal 

15 violation of any provision of the Arms Export Control Act 

16 (22 U.S.C. 2751 et seq.), the Secretary shall debar such con17 tractor or prospective contractor from contracting with the 

18 Department of Defense for a period not to exceed 5 years, 

19 not later than 90 days after determining that the contractor 

20 has been so convicted. 

21 (b) EXCEPTION.— 

22 (1) IN GENERAL.—Subsection (a) does not apply 

23 in any case in which the Secretary determines that 

24 there is a compelling reason to solicit an offer from, 

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1 prove a subcontract with such contractor or prospec2 tive contractor. 

3 (2) PUBLIC NOTICE.—The Secretary shall trans4 mit to the Administrator of General Services a notice 

5 of any determination made under paragraph (1) at 

6 the time of the determination. The Administrator of 

7 General Services shall maintain each such notice in 

8 a file available for public inspection. 

9 (c) DEFINITION.—In this section, the term ‘‘debar’’ has 

10 the meaning given that term by section 2393(c) of title 10, 

11 United States Code. 

12 Subtitle B—Amendments to General 

13 Contracting Authorities, Proce14 dures, and Limitations 

15 SEC. 811. CHANGE TO THE TRUTH IN NEGOTIATIONS ACT 

16 EXCEPTION FOR THE ACQUISITION OF A COM17 MERCIAL ITEM. 

18 Section 2306a(b) of title 10, United States Code, is 

19 amended by adding at the end the following new paragraph: 

20 ‘‘(4) CERTAIN SOLE SOURCE PROCUREMENTS.— 

21 The exception in paragraph (1)(C) does not apply in 

22 the case of a contract, subcontract, or modification of 

23 a contract or subcontract that is for a commercial 

24 item to be procured using procedures other than com25 petitive procedures— 

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1 ‘‘(A) if the contracting officer determines 

2 that commercial sales data are insufficient to de3 termine a fair and reasonable price; and 

4 ‘‘(B) if the contractor’s business segment has 

5 submitted certified cost or pricing data in con6 nection with at least one contract award or con7 tract modification.’’. 

8 SEC. 812. CLARIFICATION OF SUBMISSION OF COST OR 

9 PRICING DATA ON NONCOMMERCIAL MODI10 FICATIONS OF COMMERCIAL ITEMS. 

11 (a) MEASUREMENT OF PERCENTAGE AT CONTRACT

12 AWARD.—Section 2306a(b)(3)(A) of title 10, United States 

13 Code, is amended by inserting after ‘‘total price of the con14 tract’’ the following: ‘‘(at the time of contract award)’’. 

15 (b) ADJUSTMENT OF DOLLAR AMOUNT.—Section 

16 2306a(b)(3)(A) of such title is amended by striking 

17 ‘‘$500,000’’ and inserting ‘‘$650,000’’. 

18 SEC. 813. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE 

19 CONTRACT CLAUSES ON COMMERCIAL CON20 TRACTS. 

21 (a) PLAN.—The Under Secretary of Defense for Acqui22 sition, Technology, and Logistics shall develop and imple23 ment a plan to minimize the number of Government-unique 

24 contract clauses used in commercial contracts by restricting 

25 the clauses to the following: 

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1 (1) Government-unique clauses authorized by 

2 law or regulation. 

3 (2) Any additional clauses that are relevant and 

4 necessary to a specific contract. 

5 (b) COMMERCIAL CONTRACT.—In this section: 

6 (1) The term ‘‘commercial contract’’ means a 

7 contract awarded by the Federal Government for the 

8 procurement of a commercial item. 

9 (2) The term ‘‘commercial item’’ has the mean10 ing provided by section 4(12) of the Office of Federal 

11 Procurement Policy Act (41 U.S.C. 403(12)). 

12 SEC. 814. EXTENSION OF AUTHORITY FOR USE OF SIM13 PLIFIED ACQUISITION PROCEDURES FOR 

14 CERTAIN COMMERCIAL ITEMS. 

15 Section 4202(e) of the Clinger-Cohen Act of 1996 (divi16 sion D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 

17 2304 note) is amended by striking ‘‘January 1, 2008’’ and 

18 inserting ‘‘January 1, 2010’’. 

19 SEC. 815. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

20 CATEGORY POSITIONS FOR CERTAIN FED21 ERAL ACQUISITION POSITIONS. 

22 Section 1413(b) of the National Defense Authorization 

23 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

24 1665) is amended by striking ‘‘September 30, 2007’’ and 

25 inserting ‘‘September 30, 2012’’. 

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1 SEC. 816. EXTENSION OF AUTHORITY TO CARRY OUT CER2 TAIN 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. 817. CLARIFICATION OF LIMITED ACQUISITION AU8 THORITY FOR SPECIAL OPERATIONS COM9 MAND. 

10 Section 167(e)(4) of title 10, United States Code, is 

11 amended— 

12 (1) by redesignating subparagraph (C) as sub13 paragraph (D); and 

14 (2) by inserting after subparagraph (B) the fol15 lowing new subparagraph: 

16 ‘‘(C)(i) The staff of the commander shall include an 

17 acquisition executive, who shall be responsible for the same 

18 functions and duties, and have the same authorities, as the 

19 service acquisition executives for the military departments. 

20 ‘‘(ii) The staff of the commander shall include a senior 

21 procurement executive, who shall be responsible for pro22 viding management direction of the procurement system of 

23 the command, advising and assisting the commander and 

24 other officials of the combatant command to ensure that ac25 tivities and missions of the command are achieved through 

26 the management of the procurement system of the command, 

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1 and otherwise being responsible for the same functions and 

2 duties, and having the same authorities, as the senior pro3 curement executive for the military departments. 

4 ‘‘(iii) The commander of the special operations com5 mand may designate the same individual to the position 

6 of acquisition executive and the position of senior procure7 ment executive. 

8 ‘‘(iv) Any reference to service acquisition executive or 

9 senior procurement executive of a military department in 

10 any Federal law, Executive order, or regulation is deemed 

11 to include the acquisition executive or senior procurement 

12 executive of the special operations command unless such 

13 law, order, or regulation explicitly excludes such positions 

14 by reference to this section.’’. 

15 SEC. 818. EXEMPTION OF SPECIAL OPERATIONS COMMAND 

16 FROM CERTAIN REQUIREMENTS FOR CON17 TRACTS RELATING TO VESSELS, AIRCRAFT, 

18 AND COMBAT VEHICLES. 

19 Subsection (e) of section 167 of title 10, United States 

20 Code, is amended by adding at the end the following new 

21 paragraph: 

22 ‘‘(5) The commander of the command, in carrying out 

23 his functions under this subsection, may carry out such 

24 functions with respect to a contract covered by section 2401 

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1 of this title without regard to subsection (b) of that section 

2 if— 

3 ‘‘(A) the contract is for a term of not more than 

4 5 years (including all options to renew or extend the 

5 contract); and 

6 ‘‘(B) funds are available and obligated for the 

7 full cost of the contract (including termination costs) 

8 on or before the date the contract is awarded.’’. 

9 SEC. 819. PROVISION OF AUTHORITY TO MAINTAIN EQUIP10 MENT TO UNIFIED COMBATANT COMMAND 

11 FOR JOINT WARFIGHTING. 

12 Section 167a of title 10, United States Code, is amend13 ed— 

14 (1) in subsection (a), by striking ‘‘and acquire’’ 

15 and inserting ‘‘, acquire, and maintain’’; 

16 (2) by redesignating subsection (f) as subsection 

17 (g); and 

18 (3) by inserting after subsection (e) the following 

19 new subsection: 

20 ‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN EQUIP21 MENT.—The authority delegated under subsection (a) to 

22 maintain equipment is subject to the availability of funds 

23 authorized and appropriated specifically for that purpose.’’. 

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1 SEC. 820. MARKET RESEARCH. 

2 (a) MARKET RESEARCH.—Subsection (c) of section 

3 2377 of title 10, United States Code, is amended as follows: 

4 (1) The subsection heading is amended by strik5 ing ‘‘PRELIMINARY’’. 

6 (2) Paragraph (1) is amended— 

7 (A) by striking ‘‘research appropriate to the 

8 circumstances—’’ and inserting ‘‘research—’’; 

9 (B) by striking ‘‘and’’ at the end of sub10 paragraph (A); 

11 (C) by striking the period at the end of sub12 paragraph (B) and inserting ‘‘; and’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(C) before awarding a task order in excess of 

15 the simplified acquisition threshold.’’. 

16 (3) The subsection is amended by adding at the 

17 end the following new paragraphs: 

18 ‘‘(4) The Secretary of Defense shall ensure that 

19 market research under this subsection includes use of 

20 an appropriately tailored search engine to access the 

21 world wide web in order to identify readily available 

22 capabilities in the commercial market place. 

23 ‘‘(5) For programs with a value in excess of 

24 $1,000,000, the contracting officer must certify that 

25 market research was performed before award of the 

26 contract or task order.’’. 

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1 (b) EVALUATION OF CERTAIN INCENTIVES.—The 

2 Under Secretary of Defense for Acquisition, Technology, 

3 and Logistics shall evaluate options for preferences or eco4 nomic incentives for contractors that maximize the use of 

5 readily available and proven capabilities in the commercial 

6 market place. 

7 Subtitle C—Accountability in 

8 Contracting 

9 SEC. 821. LIMITATION ON LENGTH OF NONCOMPETITIVE 

10 CONTRACTS. 

11 (a) REVISION OF FAR.—Not later than one year after 

12 the date of the enactment of this Act, the Federal Acquisi13 tion Regulation shall be revised to restrict the contract pe14 riod of any contract described in subsection (c) to the min15 imum contract period necessary— 

16 (1) to meet the urgent and compelling require17 ments of the work to be performed under the contract; 

18 and 

19 (2) to enter into another contract for the re20 quired goods or services through the use of competitive 

21 procedures. 

22 (b) CONTRACT PERIOD.—The regulations promulgated 

23 under subsection (a) shall require the contract period to not 

24 exceed one year, unless the head of the executive agency conmstockstill on PROD1PC66 with BILLS

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1 cerned determines that the Government would be seriously 

2 injured by the limitation on the contract period. 

3 (c) COVERED CONTRACTS.—This section applies to 

4 any contract in an amount greater than $1,000,000 entered 

5 into by an executive agency using procedures other than 

6 competitive procedures pursuant to the exception provided 

7 in section 303(c)(2) of the Federal Property and Adminis8 trative Services Act of 1949 (41 U.S.C. 253(c)(2)) or section 

9 2304(c)(2) of title 10, United States Code. 

10 (d) DEFINITIONS.—In this section: 

11 (1) The term ‘‘executive agency’’ has the mean12 ing provided in section 4(1) of the Office of Federal 

13 Procurement Policy Act (41 U.S.C. 403(1)). 

14 (2) The term ‘‘head of the executive agency’’ 

15 means the head of an executive agency except that, in 

16 the case of the Department of Defense, the term 

17 means— 

18 (A) in the case of a military department, 

19 the Secretary of the military department; 

20 (B) in the case of a Defense Agency, the 

21 head of the Defense Agency; and 

22 (C) in the case of any part of the Depart23 ment of Defense other than a military depart24 ment or Defense Agency, the Under Secretary of 

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1 Defense for Acquisition, Technology, and Logis2 tics. 

3 SEC. 822. MAXIMIZING FIXED-PRICE PROCUREMENT CON4 TRACTS. 

5 (a) PLANS REQUIRED.—Subject to subsection (c), the 

6 head of each executive agency covered by title III of the Fed7 eral Property and Administrative Services Act of 1949 (41 

8 U.S.C. 251 et seq.) or, in the case of the Department of 

9 Defense, the Under Secretary of Defense for Acquisition, 

10 Technology, and Logistics, shall develop and implement a 

11 plan to maximize, to the fullest extent practicable, the use 

12 of fixed-price type contracts for the procurement of goods 

13 and services by the agency or department concerned. The 

14 plan shall contain measurable goals and shall be completed 

15 and submitted to the Committee on Oversight and Govern16 ment Reform of the House of Representatives, the Com17 mittee on Homeland Security and Governmental Affairs of 

18 the Senate, and the Committees on Appropriations of the 

19 House of Representatives and the Senate and, in the case 

20 of the Department of Defense and the Department of En21 ergy, the Committees on Armed Services of the Senate and 

22 the House of Representatives, with a copy provided to the 

23 Comptroller General, not later than 1 year after the date 

24 of the enactment of this Act. 

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1 (b) COMPTROLLER GENERAL REVIEW.—The Comp2 troller General shall review the plans provided under sub3 section (a) and submit a report to Congress on the plans 

4 not later than 18 months after the date of the enactment 

5 of this Act. 

6 (c) REQUIREMENT LIMITED TO CERTAIN AGENCIES.— 

7 The requirement of subsection (a) shall apply only to those 

8 agencies that awarded contracts in a total amount of at 

9 least $1,000,000,000 in the fiscal year preceding the fiscal 

10 year in which the report is submitted. 

11 SEC. 823. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP12 PROVAL DOCUMENTS FOR NONCOMPETITIVE 

13 CONTRACTS. 

14 (a) CIVILIAN AGENCY CONTRACTS.— 

15 (1) IN GENERAL.—Section 303 of the Federal 

16 Property and Administrative Services Act of 1949 (41 

17 U.S.C. 253) is amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(j)(1)(A) Except as provided in subparagraph (B), in 

20 the case of a procurement permitted by subsection (c), the 

21 head of an executive agency shall make publicly available, 

22 within 14 days after the award of the contract, the docu23 ments containing the justification and approval required 

24 by subsection (f)(1) with respect to the procurement. 

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1 ‘‘(B) In the case of a procurement permitted by sub2 section (c)(2), subparagraph (A) shall be applied by sub3 stituting ‘30 days’ for ‘14 days’. 

4 ‘‘(2) The documents shall be made available on the 

5 website of the agency and through the Federal Procurement 

6 Data System. 

7 ‘‘(3) This subsection does not require the public avail8 ability of information that is exempt from public disclosure 

9 under section 552(b) of title 5, United States Code.’’. 

10 (2) CONFORMING AMENDMENT.—Section 303(f) 

11 of such Act is amended— 

12 (A) by striking paragraph (4); and 

13 (B) by redesignating paragraph (5) as 

14 paragraph (4). 

15 (b) DEFENSE AGENCY CONTRACTS.— 

16 (1) IN GENERAL.—Section 2304 of title 10, 

17 United States Code, is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(l)(1)(A) Except as provided in subparagraph (B), in 

20 the case of a procurement permitted by subsection (c), the 

21 head of an agency shall make publicly available, within 14 

22 days after the award of the contract, the documents con23 taining the justification and approval required by sub24 section (f)(1) with respect to the procurement. 

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1 ‘‘(B) In the case of a procurement permitted by sub2 section (c)(2), subparagraph (A) shall be applied by sub3 stituting ‘30 days’ for ‘14 days’. 

4 ‘‘(2) The documents shall be made available on the 

5 website of the agency and through the Federal Procurement 

6 Data System. 

7 ‘‘(3) This subsection does not require the public avail8 ability of information that is exempt from public disclosure 

9 under section 552(b) of title 5.’’. 

10 (2) CONFORMING AMENDMENT.—Section 2304(f) 

11 of such title is amended— 

12 (A) by striking paragraph (4); and 

13 (B) by redesignating paragraphs (5) and 

14 (6) as paragraphs (4) and (5), respectively. 

15 SEC. 824. DISCLOSURE OF GOVERNMENT CONTRACTOR 

16 AUDIT FINDINGS. 

17 (a) QUARTERLY REPORT TO CONGRESS.— 

18 (1) REQUIREMENT.—The head of each Federal 

19 agency or department or, in the case of the Depart20 ment of Defense, the Under Secretary of Defense for 

21 Acquisition, Technology, and Logistics, shall submit 

22 to the chairman and ranking member of each com23 mittee specified in paragraph (2) on a quarterly basis 

24 a report that includes the following: 

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1 (A) A list of completed audits performed by 

2 such agency or department issued during the ap3 plicable quarter that describe contractor costs in 

4 excess of $10,000,000 that have been identified as 

5 unjustified, unsupported, questioned, or unrea6 sonable under any contract, task or delivery 

7 order, or subcontract. 

8 (B) The specific amounts of costs identified 

9 as unjustified, unsupported, questioned, or un10 reasonable and the percentage of their total value 

11 of the contract, task or delivery order, or sub12 contract. 

13 (C) A list of completed audits performed by 

14 such agency or department issued during the ap15 plicable quarter that identify material defi16 ciencies in the performance of any contractor or 

17 in any business system of any contractor under 

18 any contract, task or delivery order, or sub19 contract. 

20 (2) COMMITTEES.—The report described in para21 graph (1) shall be submitted to— 

22 (A) the Committee on Oversight and Gov23 ernment Reform of the House of Representatives; 

24 (B) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 

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1 (C) the Committees on Appropriations of 

2 the House of Representatives and the Senate; 

3 (D) in the case of reports from the Depart4 ment of Defense or the Department of Energy, 

5 the Committees on Armed Services of the Senate 

6 and the House of Representatives; and 

7 (E) the committees of primary jurisdiction 

8 over the agency or department submitting the re9 port. 

10 (3) EXCEPTION.—Paragraph (1) shall not apply 

11 to an agency or department with respect to a cal12 endar quarter if no audits described in paragraph (1) 

13 were issued during that quarter. 

14 (b) SUBMISSION OF INDIVIDUAL AUDITS.— 

15 (1) REQUIREMENT.—The head of each Federal 

16 agency or department shall provide, within 14 days 

17 after a request in writing by the chairman or ranking 

18 member of any committee listed in paragraph (2), a 

19 full and unredacted copy of any audit described in 

20 subsection (a)(1). Such copy shall include an identi21 fication of information in the audit exempt from pub22 lic disclosure under section 552(b) of title 5, United 

23 States Code. 

24 (2) COMMITTEES.—The committees listed in this 

25 paragraph are the following: 

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1 (A) The Committee on Oversight and Gov2 ernment Reform of the House of Representatives. 

3 (B) The Committee on Homeland Security 

4 and Governmental Affairs of the Senate. 

5 (C) The Committees on Appropriations of 

6 the House of Representatives and the Senate. 

7 (D) In the case of the Department of De8 fense or the Department of Energy, the Commit9 tees on Armed Services of the Senate and House 

10 of Representatives. 

11 (E) The committees of primary jurisdiction 

12 over the agency or department to which the re13 quest is made. 

14 SEC. 825. STUDY OF ACQUISITION WORKFORCE. 

15 (a) REQUIREMENT FOR STUDY.—The Administrator 

16 for Federal Procurement Policy shall conduct a study of 

17 the composition, scope, and functions of the Government18 wide acquisition workforce and develop a comprehensive 

19 definition of, and method of measuring the size of, such 

20 workforce. 

21 (b) REPORT.—Not later than 1 year after the date of 

22 the enactment of this Act, the Administrator shall submit 

23 to the relevant congressional committees a report on the re24 sults of the study required by subsection (a), with such findmstockstill on PROD1PC66 with BILLS

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1 ings and recommendations as the Administrator determines 

2 appropriate. 

3 SEC. 826. REPORT TO CONGRESS. 

4 (a) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Director of the Office of 

6 Government Ethics shall submit a report to Congress that 

7 contains the Director’s recommendations on requiring Gov8 ernment contractors that advise one or more Federal agen9 cies on procurement policy, and requiring federally funded 

10 research and development centers, to comply with restric11 tions relating to personal financial interests, such as those 

12 that apply to Federal employees. 

13 (b) DEFINITION.—In this section: 

14 (1) GOVERNMENT CONTRACTOR.—The term 

15 ‘‘Government contractor’’ means any person (other 

16 than a Federal agency) with which a Federal agency 

17 has entered into a contract to acquire goods or serv18 ices. 

19 (2) FEDERAL AGENCY.—The term ‘‘Federal agen20 cy’’ means— 

21 (A) any executive department or inde22 pendent establishment in the executive branch of 

23 the Government, including any wholly owned 

24 Government corporation; and 

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1 (B) any establishment in the legislative or 

2 judicial branch of the Government (except the 

3 Senate, the House of Representatives, and the 

4 Architect of the Capitol and any activities under 

5 the Architect’s direction). 

6 (3) FEDERALLY FUNDED RESEARCH AND DEVEL7 OPMENT CENTER.—The term ‘‘federally funded re8 search and development center’’ means a federally 

9 funded research and development center as identified 

10 by the National Science Foundation in accordance 

11 with the Federal Acquisition Regulation. 

12 Subtitle D—Contracts Relating to 

13 Iraq and Afghanistan 

14 SEC. 831. MEMORANDUM OF UNDERSTANDING ON MATTERS 

15 RELATING TO CONTRACTING. 

16 (a) MEMORANDUM OF UNDERSTANDING REQUIRED.— 

17 The Secretary of Defense, the Secretary of State, and the 

18 Administrator of the United States Agency for Inter19 national Development shall enter into a memorandum of 

20 understanding regarding matters relating to contracting for 

21 contracts in Iraq or Afghanistan. 

22 (b) RESTRICTIONS ON CONTRACTING UNTIL MEMO23 RANDUM SIGNED.— 

24 (1) RESTRICTION.—Except as provided in para25 graph (2), on and after January 1, 2008, no contracts 

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1 in Iraq or Afghanistan may be awarded by the De2 partment of Defense, the Department of State, or the 

3 United States Agency for International Development 

4 (A) unless the memorandum required by subsection 

5 (a) has been signed by the Secretary of Defense, the 

6 Secretary of State, or the Administrator of the United 

7 States Agency for International Development, respec8 tively; and (B) the department or agency concerned 

9 has initiated use of the common database identified 

10 in such memorandum to track contracts in Iraq or 

11 Afghanistan. 

12 (2) WAIVER.— 

13 (A) The restriction in paragraph (1) may 

14 be waived by the President for a period of 30 

15 days if the President submits to the relevant 

16 committees of Congress a notification of the 

17 waiver and the reasons for the waiver at least 15 

18 days before issuing the waiver. 

19 (B) Such waiver may be renewed for any 

20 number of additional 30-day periods if the 

21 President submits to the relevant committees of 

22 Congress a notification of the renewal of the 

23 waiver and the reasons for renewing the waiver 

24 at least 15 days before issuing the renewal of the 

25 waiver. 

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1 (c) MATTERS COVERED.—The memorandum of under2 standing required by subsection (a) shall address, at a min3 imum, the following: 

4 (1) Identification of the major categories of con5 tracts in Iraq or Afghanistan being awarded by the 

6 Department of Defense, the Department of State, or 

7 the United States Agency for International Develop8 ment. 

9 (2) Identification of the roles and responsibilities 

10 of each department or agency for matters relating to 

11 contracting for contracts in Iraq or Afghanistan. 

12 (3) Responsibility for authorizing the carrying of 

13 weapons in performance of such contracts. 

14 (4) Responsibility for establishing minimum 

15 qualifications, including background checks, for per16 sonnel carrying weapons in performance of such con17 tracts. 

18 (5) Responsibility for setting rules of engagement 

19 for personnel carrying weapons in performance of 

20 such contracts. 

21 (6) Responsibility for establishing procedures for, 

22 and the coordination of, movement of contractor per23 sonnel in Iraq or Afghanistan. 

24 (7) Identification of a common database that 

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1 tracts in Iraq or Afghanistan, and agreement on the 

2 elements to be included in the database, including, at 

3 a minimum, with respect to each contract— 

4 (A) a brief description of the contract; 

5 (B) the value of the contract; 

6 (C) the amount of cost ascribed to overhead 

7 for the contract; 

8 (D) the amount of cost ascribed to security 

9 for the contract; 

10 (E) the total number of personnel employed 

11 on the contract; and 

12 (F) the total number of personnel employed 

13 on the contract who provide security in Iraq or 

14 Afghanistan. 

15 (8) Responsibility for maintaining and updating 

16 information in the common database identified under 

17 paragraph (7). 

18 (9) Responsibility for the collection and referral 

19 to the appropriate Government agency of any infor20 mation relating to offenses under chapter 47 of title 

21 10, United States Code (the Uniform Code of Military 

22 Justice), or chapter 212 of title 18, United States 

23 Code (commonly referred to as the Military 

24 Extraterritorial Jurisdiction Act). 

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1 (d) COPIES PROVIDED TO CONGRESS.—Copies of the 

2 memorandum of understanding required by subsection (a) 

3 shall be provided to the relevant committees of Congress 

4 within 30 days after the memorandum is signed. 

5 SEC. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS 

6 ON CONTRACTING IN IRAQ AND AFGHANI7 STAN. 

8 (a) REVIEWS AND REPORTS REQUIRED.— 

9 (1) IN GENERAL.—Every six months, the Comp10 troller General shall review contracts in Iraq or Af11 ghanistan and submit to the relevant committees of 

12 Congress a report on such review. 

13 (2) MATTERS COVERED.—A report under this 

14 subsection shall cover the following with respect to the 

15 contracts in Iraq or Afghanistan reviewed for the re16 port: 

17 (A) Total number of contracts awarded dur18 ing the period covered by the report. 

19 (B) Total number of active contracts. 

20 (C) Total value of all contracts awarded 

21 during the reporting period. 

22 (D) Total value of active contracts. 

23 (E) Total number of contractor personnel 

24 working on contracts during the reporting pe25 riod. 

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1 (F) Total number of contractor personnel 

2 who have provided security in Iraq or Afghani3 stan for contracts during the reporting period. 

4 (G) Categories of activities undertaken in 

5 reviewed contracts. 

6 (H) The extent to which such contracts have 

7 used competitive procedures. 

8 (I) The extent to which such contracts have 

9 achieved the initial scope of requirements in10 cluded in the contracts. 

11 (J) The effect of costs for security on such 

12 contracts and whether contracting for security on 

13 such contracts rather than government-provided 

14 security is more effective, efficient, and consistent 

15 with the United States policy goals. 

16 (K) Information on any specific contract or 

17 class of contracts that the Comptroller General 

18 determines raises issues of significant concern. 

19 (3) SUBMISSION OF REPORTS.—The Comptroller 

20 General shall submit an initial report under this sub21 section not later than March 1, 2008, and shall sub22 mit an updated report every six months thereafter 

23 until March 1, 2010. 

24 (b) ACCESS TO DATABASE ON CONTRACTS.—The Sec25 retary of Defense and the Secretary of State shall provide 

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1 full access to the database described in section 831(c)(7) to 

2 the Comptroller General for purposes of the reviews carried 

3 out under this section. 

4 SEC. 833. DEFINITIONS. 

5 In this subtitle: 

6 (1) MATTERS RELATING TO CONTRACTING.—The 

7 term ‘‘matters relating to contracting’’, with respect 

8 to contracts in Iraq and Afghanistan, means all mat9 ters relating to awarding, funding, managing, track10 ing, monitoring, and providing oversight to contracts 

11 and contractor personnel. 

12 (2) CONTRACTS IN IRAQ OR AFGHANISTAN.—The 

13 term ‘‘contracts in Iraq and Afghanistan’’ means a 

14 contract with the Department of Defense, the Depart15 ment of State, or the United States Agency for Inter16 national Development, a subcontract at any tier 

17 issued under such a contract, or a task order at any 

18 tier issued under such a contract (including a con19 tract, subcontract, or task order issued by another 

20 Government agency for the Department of Defense, 

21 the Department of State, or the United States Agency 

22 for International Development), if the contract, sub23 contract, or task order involves worked performed in 

24 Iraq or Afghanistan for a period longer than 14 days. 

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1 (3) RELEVANT COMMITTEES OF CONGRESS.—The 

2 term ‘‘relevant committees of Congress’’ means each of 

3 the following committees: 

4 (A) The Committees on Armed Services of 

5 the Senate and the House of Representatives. 

6 (B) The Committee on Homeland Security 

7 and Governmental Affairs of the Senate and the 

8 Committee on Oversight and Government Reform 

9 of the House of Representatives. 

10 (C) The Committee on Foreign Relations of 

11 the Senate and the Committee on Foreign Affairs 

12 of the House of Representatives. 

13 SEC. 834. COMPETITION FOR EQUIPMENT SUPPLIED TO 

14 IRAQ AND AFGHANISTAN. 

15 (a) COMPETITION REQUIREMENT.—For the procure16 ment of pistols and other weapons described in subsection 

17 (b), the Secretary of Defense shall ensure, consistent with 

18 the provisions of section 2304 of title 10, United States 

19 Code, that— 

20 (1) full and open competition is obtained to the 

21 maximum extent practicable; 

22 (2) no responsible United States manufacturer is 

23 excluded from competing for such procurements; and 

24 (3) products manufactured in the United States 

25 are not excluded from the competition. 

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1 (b) PROCUREMENTS COVERED.—This section applies 

2 to the procurement of the following: 

3 (1) Pistols and other weapons less than 0.50 cal4 iber for assistance to the Army of Iraq, the Iraqi Po5 lice Forces, and other Iraqi security organizations. 

6 (2) Pistols and other weapons less than 0.50 cal7 iber for assistance to the Army of Afghanistan, the 

8 Afghani Police Forces, and other Afghani security or9 ganizations. 

10 Subtitle E—Other Matters 

11 SEC. 841. RAPID COMMERCIAL INFORMATION TECHNOLOGY 

12 IDENTIFICATION DEMONSTRATION PROJECT. 

13 (a) DEMONSTRATION PROJECT.—The Secretary of De14 fense, acting through the Assistant Secretary of Defense for 

15 Networks and Information Integration, shall establish a 

16 demonstration project to develop, implement, and assess the 

17 effectiveness of a comprehensive approach to identifying, as18 sessing, stimulating investment in, rapidly acquiring, and 

19 coordinating the use of commercial information technologies 

20 (with an emphasis on commercial off-the-shelf information 

21 technologies). The demonstration project shall be known as 

22 the ‘‘Rapid Commercial Information Technology Identifica23 tion Demonstration Pilot.’’ 

24 (b) MATTERS COVERED.—The demonstration project 

25 shall include the following: 

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1 (1) Developing a process to rapidly assess and 

2 set priorities for significant needs of the Department 

3 of Defense that could be met by commercial informa4 tion technology, including a process for— 

5 (A) aligning needs with the requirements of 

6 the combatant commanders; and 

7 (B) evaluating commercial products of in8 terest against those needs. 

9 (2) Providing for the hiring and support of em10 ployees (including the ability to request detailees from 

11 other military or Federal organizations) who can 

12 identify and assess promising commercial informa13 tion technologies and serve as intermediaries to the 

14 Department. 

15 (3) Enhancing internal Department data and 

16 communications about promising or existing commer17 cial information technology or federally funded infor18 mation technologies projects. 

19 (4) Identifying key commercial information tech20 nologies and using existing mechanisms to make them 

21 available to the Armed Forces. 

22 (5) Developing and operating a suitable Web 

23 portal or other significant virtual environment to fa24 cilitate communications with industry. 

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1 (6) Providing for acquisition guides for small in2 formation technology companies with promising tech3 nologies, to help them understand and navigate the 

4 funding and acquisition processes of the Department 

5 of Defense. 

6 (7) Developing methods to measure program per7 formance and collecting data on an ongoing basis to 

8 assess the effects of the process being used by the dem9 onstration program. 

10 (c) PERIOD OF DEMONSTRATION PROJECT.—The dem11 onstration project shall be conducted for a period of three 

12 years. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary of Defense 

15 $10,000,000 for fiscal year 2008 to carry out the demonstra16 tion project under this section, to be derived from amounts 

17 provided in section 201(4) for research, development, test, 

18 and evaluation, Defense-wide activities. 

19 (e) REPORT TO CONGRESS.—Not later than 12 months 

20 after the date of the enactment of this Act, the Secretary 

21 of Defense shall submit to the congressional defense commit22 tees a report on the implementation of the demonstration 

23 project required under this section. 

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1 SEC. 842. REPORT TO CONGRESS REQUIRED ON DELAYS IN 

2 MAJOR PHASES OF ACQUISITION PROCESS 

3 FOR MAJOR AUTOMATED INFORMATION SYS4 TEM PROGRAMS. 

5 (a) REPORT REQUIRED FOR CERTAIN DELAYS.—In 

6 the case of any major automated information system pro7 gram, if there is a delay in meeting any deadline for a 

8 phase of the acquisition process for the program specified 

9 in subsection (b), the Secretary of Defense, acting through 

10 the Under Secretary of Defense for Acquisition, Technology, 

11 and Logistics, shall submit to the congressional defense com12 mittees a report on the delay. The report shall be submitted 

13 not later than 30 days after the delay occurs. 

14 (b) DEADLINES.—The deadlines for a phase of the ac15 quisition process referred to in subsection (a) are the fol16 lowing: 

17 (1) With respect to approval of any analysis of 

18 alternatives, within one year from the date each anal19 ysis began. 

20 (2) With respect to achieving Milestone B in ac21 cordance with section 2366a of title 10, United States 

22 Code, within 18 months after the date of Milestone A 

23 approval. 

24 (3) With respect to completion of any capability 

25 development document, within six months from the 

26 time of determined need to the time of approval. 

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1 (c) MATTERS COVERED BY REPORT.—The report re2 quired by subsection (a)— 

3 (1) shall set forth the reason or reasons the De4 partment of Defense was unable to complete the de5 layed process or processes on time; and 

6 (2) shall include a written certification with a 

7 supporting explanation stating that— 

8 (A) the program is necessary for the effi9 cient management of the Department; and 

10 (B) the most current estimates of the costs, 

11 schedule, and performance parameters with re12 spect to the program and system are reasonable; 

13 and the management structure for the program 

14 is adequate to manage and control program 

15 costs. 

16 SEC. 843. REQUIREMENT FOR LICENSING OF CERTAIN MILI17 TARY DESIGNATIONS AND LIKENESSES OF 

18 WEAPONS SYSTEMS TO TOY AND HOBBY MAN19 UFACTURERS. 

20 (a) REQUIREMENT TO LICENSE CERTAIN ITEMS.— 

21 Section 2260 of title 10, United States Code, is amended— 

22 (1) by redesignating subsections (c), (d), and (e) 

23 as subsections (d), (e), and (f), respectively; and 

24 (2) by adding after subsection (b) the following 

25 new subsection: 

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1 ‘‘(c) REQUIRED LICENSES.—(1) The Secretary con2 cerned shall license trademarks, service marks, certification 

3 marks, and collective marks relating to military designa4 tions and likenesses of military weapons systems to any 

5 qualifying company upon receipt of a request from the com6 pany. 

7 ‘‘(2) For purposes of paragraph (1), a qualifying com8 pany is any United States company that is a small busi9 ness concern and that— 

10 ‘‘(A) is a toy or hobby manufacturer, distributor, 

11 or merchant; and 

12 ‘‘(B) is determined by the Secretary concerned to 

13 be qualified in accordance with such criteria as may 

14 be prescribed by the Secretary of Defense. 

15 ‘‘(3) The fee for a license under this subsection shall 

16 be determined under regulations prescribed by the Secretary 

17 of Defense. Any such fee shall be nominal and shall be an 

18 amount not less than an amount needed to recover all costs 

19 of the Department of Defense in processing the request for 

20 the license and supplying the license. 

21 ‘‘(4) A license under this subsection shall not be an 

22 exclusive license.’’. 

23 (b) EFFECTIVE DATE.—The Secretary of Defense shall 

24 prescribe regulations to implement the amendment made by 

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1 this section not later than 180 days after the date of the 

2 enactment of this Act. 

3 SEC. 844. CHANGE IN GROUNDS FOR WAIVER OF LIMITA4 TION ON SERVICE CONTRACT TO ACQUIRE 

5 MILITARY FLIGHT SIMULATOR. 

6 Section 832(b)(1) of the John Warner National Defense 

7 Authorization Act for Fiscal Year 2007 (Public Law 109– 

8 364; 120 Stat. 2331) is amended by striking ‘‘necessary for 

9 national security purposes’’ and inserting ‘‘in the national 

10 interest’’. 

11 SEC. 845. EVALUATION OF COST OF COMPLIANCE WITH RE12 QUIREMENT TO BUY CERTAIN ARTICLES 

13 FROM AMERICAN SOURCES. 

14 (a) EXCLUSION FROM PRICE OR COST COMPARISON

15 .—For all Department of Defense prime contract awards 

16 and subcontract awards at any tier, in the event that a 

17 price or cost comparison is made as part of an evaluation 

18 of offers for goods or services provided by a United States 

19 firm and by a foreign source benefitting from the exception 

20 provided in section 2533a(e)(1)(B) or 2533b(d)(1)(B) of 

21 title 10, United States Code, the cost of compliance de22 scribed in subsection (c) shall not be considered in such an 

23 evaluation. 

24 (b) INCLUSION IN EVALUATION OF OFFERS.—The cost 

25 of compliance shall be considered in the evaluation of offers 

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1 provided by United States firms and by foreign sources sub2 mitting compliant offers. 

3 (c) COST OF COMPLIANCE.—The cost of compliance de4 scribed in this subsection is the cost of compliance for a 

5 United States firm to procure items grown, reprocessed, re6 used, or produced in the United States, in accordance with 

7 section 2533a of title 10, United States Code, or to procure 

8 specialty metals melted or produced in the United States, 

9 in accordance with section 2533b of such title 10. 

10 SEC. 846. REQUIREMENTS RELATING TO WAIVERS OF CER11 TAIN DOMESTIC SOURCE LIMITATIONS. 

12 (a) MULTI-CONTRACT AND CLASS WAIVERS.—A do13 mestic non-availability determination pursuant to section 

14 2533b(b) of title 10, United States Code, that would apply 

15 to more than one prime contract of the Department of De16 fense shall be made only if the determination— 

17 (1) has been proposed and finalized under a for18 mal rulemaking; 

19 (2) specifies that the determination will expire 

20 30 days after the Secretary concerned finds that the 

21 determination is no longer justified; and 

22 (3) requires an accounting of all end items, com23 ponents, or specialty metals that do not comply with 

24 the requirement in section 2533b(a) of such title. 

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1 (b) SINGLE CONTRACT WAIVERS.—In making a do2 mestic non-availability determination pursuant to 2533b(b) 

3 of such title that applies to a single prime contract of the 

4 Department of Defense, the Secretary concerned shall en5 sure, after making the determination, that— 

6 (1) the information used as justification in mak7 ing the determination is made publicly available to 

8 the maximum extent practicable; and 

9 (2) the contracting officer for the contract con10 cerned receives an accounting of all end items, compo11 nents, or specialty metals that do not comply with the 

12 requirement in section 2533b (a) of such title. 

13 (c) SPECIALTY METAL DEFINED.—In this section, the 

14 term ‘‘specialty metal’’ has the meaning provided in section 

15 2533b(I) of title 10, United States Code. 

16 (d) EFFECTIVE DATE.—This section shall be effective 

17 as of February 1, 2007. 

18 SEC. 847. MULTIPLE COST THRESHOLD BREACHES. 

19 (a) EVALUATION OF COST THRESHOLD BREACHES.— 

20 Within 30 days following the end of a fiscal year, each com21 ponent of the Department of Defense shall evaluate, for the 

22 preceding fiscal year— 

23 (1) the number of acquisition programs within 

24 the component that experienced significant and critmstockstill on PROD1PC66 with BILLS

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1 ical cost threshold breaches, as defined in section 2433 

2 of title 10, United States Code; and 

3 (2) the number of technology development pro4 grams within the component that, prior to a Mile5 stone B decision, required recertification by the Joint 

6 Requirements Oversight Council. 

7 (b) IDENTIFICATION AND REPORT ON SYSTEMIC DEFI8 CIENCIES.—Within 90 days following the end of a fiscal 

9 year, each component of the Department of Defense that has 

10 identified more than two such programs under subsection 

11 (a), shall identify systemic deficiencies in its acquisition 

12 policies or practices that may have contributed to the cost 

13 growth in such programs and provide a report to the Sec14 retary of Defense outlining corrective actions to be taken. 

15 (c) ASSESSMENT OF CORRECTIVE ACTIONS.—Within 

16 120 days following the end of a fiscal year, the Secretary 

17 of Defense shall provide an assessment of the adequacy of 

18 such corrective actions, along with the details of the defi19 ciencies leading to such cost growth, to the congressional 

20 defense committees. 

21 (d) DEFINITION OF COMPONENT.—In this section, the 

22 term ‘‘component’’ means a military department, a combat23 ant command, a Defense Agency, and any part of the Office 

24 of the Secretary of Defense that manages a major defense 

25 acquisition program. 

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1 SEC. 848. PHONE CARDS. 

2 (a) COMPETITIVE PROCEDURES REQUIRED.—When 

3 the Secretary of Defense considers it necessary to provide 

4 morale, welfare, and recreation telephone services for mili5 tary personnel serving in combat zones, he shall use com6 petitive procedures when entering into a contract to provide 

7 those services. In evaluating contract proposals for such 

8 services, the Secretary shall require bid proposals to include 

9 options that minimize the cost of the phone services to indi10 vidual users while providing individual users the flexibility 

11 of using phone cards from other than the bidding entity. 

12 (b) EFFECTIVE DATE.—This section shall apply to 

13 any new contract to provide morale welfare and recreation 

14 phone services in a combat theater that is entered into after 

15 the date of enactment of this Act. With regard to the exten16 sion of any contract to provide such services that is in exist17 ence on such date of enactment, the Secretary shall examine 

18 with the contractor whether it is possible to further reduce 

19 the cost of the services to the soldier by allowing the use 

20 of phone cards other than the contractor’s. The Secretary 

21 shall submit the results of his review to the Committees on 

22 Armed Services of the Senate and the House of Representa23 tives. 

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1 SEC. 849. JURISDICTION UNDER CONTRACT DISPUTES ACT 

2 OF 1978 OVER CLAIMS, DISPUTES, AND AP3 PEALS ARISING OUT OF MARITIME CON4 TRACTS. 

5 Section 4 of the Contract Disputes Act of 1978 (41 

6 U.S.C. 603) is amended by striking ‘‘of maritime con7 tracts,’’ and all that follows through the end of the section 

8 and inserting ‘‘of maritime contracts, shall be governed ex9 clusively by this Act.’’ 

10 SEC. 850. CLARIFICATION OF JURISDICTION OF THE 

11 UNITED STATES DISTRICT COURTS TO HEAR 

12 BID PROTEST DISPUTES INVOLVING MARI13 TIME CONTRACTS. 

14 Section 1491 of title 28, United States Code, is amend15 ed by adding at the end the following: 

16 ‘‘(d) Jurisdiction over any actions described under 

17 subsection (b)(1) of this section arising out of a maritime 

18 contract (as that term is used in the Contract Disputes Act 

19 of 1978 (41 U.S.C. 601 et seq.)) or a proposed maritime 

20 contract shall be governed by this section, and shall not be 

21 subject to the jurisdiction of the district courts of the United 

22 States under chapter 309 of title 46, popularly known as 

23 the Suits in Admiralty Act, or chapter 311 of title 46, popu24 larly known as the Public Vessels Act.’’. 

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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Additional requirements relating to limitation on major Department of 

Defense headquarters activities personnel. 

Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 

Sec. 903. Change in eligibility requirements for appointment to Department of 

Defense leadership positions. 

Sec. 904. Revisions in functions and activities of special operations command. 

Sec. 905. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Sec. 906. Management system of the Department of Defense. 

Sec. 907. Acquisition parity for Special Operations Command. 

Sec. 908. Department of Defense Board of Actuaries. 

Subtitle B—Space Activities 

Sec. 911. Space protection policy and strategy. 

Sec. 912. Biennial report on management of space cadre within the Department 

of Defense. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Reports on foreign language proficiency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention 

Act of 2004. 

Subtitle E—Roles and Missions Analysis 

Sec. 941. Analysis and organization of roles and missions of Department of Defense. 

Sec. 942. Identification of core competencies of the military departments and 

other entities within the Department of Defense. 

Sec. 943. Review of capabilities of the military departments and other entities. 

Sec. 944. Joint Requirements Oversight Council additional duties relating to core 

mission areas. 

Sec. 945. Requirement for certification of major systems prior to technology development. 

Sec. 946. Presentation of future-years mission budget by core mission area. 

Sec. 947. Future capability planning by Joint Requirements Oversight Council. 

Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. 

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Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under 

National Security Education Program. 

Sec. 954. Study of national security interagency system. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. ADDITIONAL REQUIREMENTS RELATING TO LIMI4 TATION ON MAJOR DEPARTMENT OF DE5 FENSE HEADQUARTERS ACTIVITIES PER6 SONNEL. 

7 Section 130a of title 10, United States Code, is amend8 ed— 

9 (1) in subsection (c)(2), by striking ‘‘may not be 

10 changed except as provided by law.’’ and inserting 

11 ‘‘may be changed only if the Secretary of Defense sub12 mits proposed changes to Congress with the defense 

13 budget materials. Any such submitted changes shall 

14 take effect on the January 1 following the submis15 sion.’’; and 

16 (2) by adding at the end the following new sub17 sections: 

18 ‘‘(e) FLEXIBILITY IN ORDER TO ACHIEVE COST SAV19 INGS OR ELIMINATE CONTRACTS ASSOCIATED WITH IN20 HERENTLY GOVERNMENTAL FUNCTIONS.—(1) If the Sec21 retary of a military department or the commander of a 

22 combatant command certifies to the Secretary of Defense 

23 that a waiver of the limitation in subsection (a) or a remstockstill on PROD1PC66 with BILLS

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1 allocation among the military departments or combatant 

2 commands of the number of personnel permissible under 

3 subsection (a) either is expected to result in a cost savings 

4 or is necessary to eliminate a contract associated with an 

5 inherently governmental function (including cost savings or 

6 the elimination of a contract resulting from guidelines and 

7 procedures prescribed pursuant to section 343 of the Na8 tional Defense Authorization Act for Fiscal Year 2006 (Pub9 lic Law 109-163)), the Secretary of Defense shall waive such 

10 limitation or make such reallocation to the extent necessary 

11 to achieve the cost savings or to eliminate the contract. 

12 ‘‘(2) The Secretary of Defense shall include a report, 

13 with the defense budget materials for a fiscal year, outlining 

14 the uses of the waiver or reallocation authority provided 

15 in paragraph (1) during the preceding fiscal year, includ16 ing the number of times the waiver or reallocation authority 

17 was used, the purposes for which it was used, expected cost 

18 savings, if any, and the number of personnel affected. 

19 ‘‘(f) DEFENSE BUDGET MATERIALS.—In this section, 

20 the term ‘defense budget materials’, with respect to a fiscal 

21 year, means the materials submitted to Congress by the Sec22 retary of Defense in support of the budget for that fiscal 

23 year that is submitted to Congress by the President under 

24 section 1105(a) of title 31.’’. 

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1 SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEP2 UTY CHIEFS AND ASSISTANT CHIEFS. 

3 (a) ARMY.—Section 3035(b) of title 10, United States 

4 Code, is amended to read as follows: 

5 ‘‘(b) The Secretary of the Army shall prescribe the 

6 number of Deputy Chiefs of Staff and Assistant Chiefs of 

7 Staff, for a total of not more than eight positions.’’. 

8 (b) NAVY.— 

9 (1) DEPUTY CHIEFS OF NAVAL OPERATIONS.— 

10 Section 5036(a) of title 10, United States Code, is 

11 amended— 

12 (A) by striking ‘‘There are in the Office of 

13 the Chief of Naval Operations not more than five 

14 Deputy Chiefs of Naval Operations,’’ and insert15 ing ‘‘There are Deputy Chiefs of Naval Oper16 ations in the Office of the Chief of Naval Oper17 ations,’’ ; and 

18 (B) by adding at the end the following: 

19 ‘‘The Secretary of the Navy shall prescribe the 

20 number of Deputy Chiefs of Naval Operations 

21 under this section and Assistant Chiefs of Naval 

22 Operations under section 5037 of this title, for a 

23 total of not more than eight positions.’’. 

24 (2) ASSISTANT CHIEFS OF NAVAL OPERATIONS.— 

25 Section 5037(a) of such title is amended— 

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1 (A) by striking ‘‘There are in the Office of 

2 the Chief of Naval Operations not more than 

3 three Assistant Chiefs of Naval Operations,’’ and 

4 inserting ‘‘There are Assistant Chiefs of Naval 

5 Operations in the Office of the Chief of Naval 

6 Operations,’’; and 

7 (B) by adding at the end the following: 

8 ‘‘The Secretary of the Navy shall prescribe the 

9 number of Assistant Chiefs of Naval Operations 

10 in accordance with section 5036(a) of this title.’’. 

11 (c) AIR FORCE.—Section 8035(b) of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘(b) The Secretary of the Air Force shall prescribe the 

14 number of Deputy Chiefs of Staff and Assistant Chiefs of 

15 Staff, for a total of not more than eight positions.’’. 

16 SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR AP17 POINTMENT TO DEPARTMENT OF DEFENSE 

18 LEADERSHIP POSITIONS. 

19 (a) SECRETARY OF DEFENSE.—Section 113(a) of title 

20 10, United States Code, is amended by striking ‘‘10’’ and 

21 inserting ‘‘five’’. 

22 (b) DEPUTY SECRETARY OF DEFENSE.—Section 

23 132(a) of such title is amended by striking ‘‘ten’’ and in24 serting ‘‘five’’. 

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1 (c) UNDER SECRETARY OF DEFENSE FOR POLICY.— 

2 Section 134(a) of such title is amended by striking ‘‘10’’ 

3 and inserting ‘‘five’’. 

4 SEC. 904. REVISIONS IN FUNCTIONS AND ACTIVITIES OF 

5 SPECIAL OPERATIONS COMMAND. 

6 (a) ADDITIONAL PRINCIPAL FUNCTION.—Section 

7 167(a) of title 10, United States Code, is amended— 

8 (1) by inserting ‘‘(1)’’ before ‘‘With the advice’’; 

9 and 

10 (2) by striking the sentence beginning with ‘‘The 

11 principal function’’ and inserting the following new 

12 paragraph: 

13 ‘‘(2) The principal functions of the command are— 

14 ‘‘(A) to prepare special operations forces to carry 

15 out assigned missions; and 

16 ‘‘(B) if directed by the President or the Secretary 

17 of Defense, to plan, synchronize, and carry out global 

18 missions against terrorists.’’. 

19 (b) REPORT REQUIREMENTS.— 

20 (1) REPORT ON UNCONVENTIONAL WARFARE.— 

21 Not later than March 1, 2008, the Secretary of De22 fense shall submit to the congressional defense com23 mittees a report containing a plan to meet the future 

24 requirements of unconventional warfare. 

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1 (2) ANNUAL REPORT ON PERSONNEL MANAGE2 MENT.—Not later than March 1, 2008, and not later 

3 than September 1 each year thereafter, the Secretary 

4 of Defense shall submit to the congressional defense 

5 committees a report on the adequacy of Department 

6 of Defense personnel management programs to meet 

7 the needs of the special operations command. 

8 (c) ADDITIONAL SPECIAL OPERATIONS ACTIVITIES.— 

9 Subsection (j) of section 167 of such title is amended to read 

10 as follows: 

11 ‘‘(j) SPECIAL OPERATIONS ACTIVITIES.—For purposes 

12 of this section, special operations activities include each of 

13 the following insofar as it relates to special operations: 

14 ‘‘(1) Unconventional warfare. 

15 ‘‘(2) Counterterrorism. 

16 ‘‘(3) Counterinsurgency. 

17 ‘‘(4) Counterproliferation of weapons of mass de18 struction. 

19 ‘‘(5) Direct action. 

20 ‘‘(6) Strategic reconnaissance. 

21 ‘‘(7) Foreign internal defense. 

22 ‘‘(8) Civil-military operations. 

23 ‘‘(9) Psychological and information operations. 

24 ‘‘(10) Humanitarian assistance. 

25 ‘‘(11) Theater search and rescue. 

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1 ‘‘(12) Such other activities as may be specified 

2 by the President or the Secretary of Defense.’’. 

3 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

4 NAVY AS THE DEPARTMENT OF THE NAVY 

5 AND MARINE CORPS. 

6 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

7 The military department designated as the Department of 

8 the Navy is redesignated as the Department of the Navy 

9 and Marine Corps. 

10 (b) REDESIGNATION OF SECRETARY AND OTHER

11 STATUTORY OFFICES.— 

12 (1) SECRETARY.—The position of the Secretary 

13 of the Navy is redesignated as the Secretary of the 

14 Navy and Marine Corps. 

15 (2) OTHER STATUTORY OFFICES.—The positions 

16 of the Under Secretary of the Navy, the four Assistant 

17 Secretaries of the Navy, and the General Counsel of 

18 the Department of the Navy are redesignated as the 

19 Under Secretary of the Navy and Marine Corps, the 

20 Assistant Secretaries of the Navy and Marine Corps, 

21 and the General Counsel of the Department of the 

22 Navy and Marine Corps, respectively. 

23 (c) CONFORMING AMENDMENTS TO TITLE 10, UNITED

24 STATES CODE.— 

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1 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

2 Paragraph (8) of section 101(a) of title 10, United 

3 States Code, is amended to read as follows: 

4 ‘‘(8) The term ‘military department’ means the 

5 Department of the Army, the Department of the Navy 

6 and Marine Corps, and the Department of the Air 

7 Force.’’. 

8 (2) ORGANIZATION OF DEPARTMENT.—The text 

9 of section 5011 of such title is amended to read as fol10 lows: ‘‘The Department of the Navy and Marine 

11 Corps is separately organized under the Secretary of 

12 the Navy and Marine Corps.’’. 

13 (3) POSITION OF SECRETARY.—Section 

14 5013(a)(1) of such title is amended by striking ‘‘There 

15 is a Secretary of the Navy’’ and inserting ‘‘There is 

16 a Secretary of the Navy and Marine Corps’’. 

17 (4) CHAPTER HEADINGS.— 

18 (A) The heading of chapter 503 of such title 

19 is amended to read as follows: 

20 ‘‘CHAPTER 503—DEPARTMENT OF THE 

21 NAVY AND MARINE CORPS’’. 

22 (B) The heading of chapter 507 of such title 

23 is amended to read as follows: 

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1 ‘‘CHAPTER 507—COMPOSITION OF THE DE2 PARTMENT OF THE NAVY AND MARINE 

3 CORPS’’. 

4 (5) OTHER AMENDMENTS.— 

5 (A) Title 10, United States Code, is amend6 ed by striking ‘‘Department of the Navy’’ and 

7 ‘‘Secretary of the Navy’’ each place they appear 

8 other than as specified in paragraphs (1), (2), 

9 (3), and (4) (including in section headings, sub10 section captions, tables of chapters, and tables of 

11 sections) and inserting ‘‘Department of the Navy 

12 and Marine Corps’’ and ‘‘Secretary of the Navy 

13 and Marine Corps’’, respectively, in each case 

14 with the matter inserted to be in the same type15 face and typestyle as the matter stricken. 

16 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

17 5017(2), 5032(a), and 5042(a) of such title are 

18 amended by striking ‘‘Assistant Secretaries of the 

19 Navy’’ and inserting ‘‘Assistant Secretaries of 

20 the Navy and Marine Corps’’. 

21 (ii) The heading of section 5016 of such 

22 title, and the item relating to such section in the 

23 table of sections at the beginning of chapter 503 

24 of such title, are each amended by inserting ‘‘and 

25 Marine Corps’’ after ‘‘of the Navy’’, with the 

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1 matter inserted in each case to be in the same 

2 typeface and typestyle as the matter amended. 

3 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

4 United States Code, is amended by striking ‘‘Department 

5 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

6 appear and inserting ‘‘Department of the Navy and Marine 

7 Corps’’ and ‘‘Secretary of the Navy and Marine Corps’’, 

8 respectively. 

9 (e) OTHER REFERENCES.—Any reference in any law 

10 other than in title 10 or title 37, United States Code, or 

11 in any regulation, document, record, or other paper of the 

12 United States, to the Department of the Navy shall be con13 sidered to be a reference to the Department of the Navy and 

14 Marine Corps. Any such reference to an office specified in 

15 subsection (b)(2) shall be considered to be a reference to that 

16 office as redesignated by that subsection. 

17 (f) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect on the first day 

19 of the first month beginning more than 60 days after the 

20 date of the enactment of this Act. 

21 SEC. 906. MANAGEMENT SYSTEM OF THE DEPARTMENT OF 

22 DEFENSE. 

23 (a) DUTIES RELATING TO MANAGEMENT OF THE DE24 PARTMENT OF DEFENSE.—The Secretary of Defense shall 

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1 nificant management issues of the Department of Defense 

2 to a senior official of a rank not lower than an Under Sec3 retary of Defense. 

4 (b) MANAGEMENT SYSTEM.—The Secretary of Defense 

5 shall adopt a management structure for the Department of 

6 Defense, including business support areas, which shall de7 fine roles, processes, and accountability for achieving the 

8 essential management goals of the Department of Defense 

9 (c) ESSENTIAL MANAGEMENT GOALS.—The Secretary 

10 of Defense shall establish essential management goals of the 

11 Department of Defense, including at a minimum, the fol12 lowing: 

13 (1) A comprehensive business transformation 

14 plan, with measurable performance goals and objec15 tives, to achieve an integrated management system for 

16 business support areas of the Department of Defense. 

17 (2) A well-defined enterprise-wide business sys18 tems architecture capable of providing accurate and 

19 timely information in support of major investment 

20 decisions. 

21 (3) Financial statements for all elements of the 

22 Department of Defense that receive clean audit opin23 ions during independent financial audits. 

24 (d) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of Defense shall 

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1 provide to the Committee on Armed Services of the Senate 

2 and the Committee on Armed Services of the House of Rep3 resentatives a report on the implementation of this section. 

4 Matters covered in the report shall include the following: 

5 (1) The assignment of duties relating to manage6 ment as required by subsection (a). 

7 (2) Progress toward implementing a manage8 ment structure for the Department of Defense as re9 quired by subsection (b). 

10 (3) A description of the essential management 

11 goals of the Department of Defense established pursu12 ant to subsection (c). 

13 (4) A description of Department of Defense ef14 forts to achieve its essential management goals as de15 scribed pursuant to paragraph (3). 

16 SEC. 907. ACQUISITION PARITY FOR SPECIAL OPERATIONS 

17 COMMAND. 

18 (a) REVISION IN GUIDANCE REGARDING EXERCISE OF

19 ACQUISITION AUTHORITY BY COMMANDERS OF COMBATANT

20 COMMANDS.—Subparagraph (B) of section 905(b)(1) of the 

21 John Warner National Defense Authorization Act for Fiscal 

22 Year 2007 (Public Law 109–364; 120 Stat. 2353) is amend23 ed by striking ‘‘and mutually supportive of’’ . 

24 (b) REVISION IN CONSULTATION REQUIREMENT.—Sec25 tion 905(c) of such Act is amended by striking ‘‘and the 

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1 heads of Defense agencies referred to in that subsection’’ and 

2 inserting the following: ‘‘, and ensure that the use of the 

3 acquisition authority by the heads of Defense Agencies re4 ferred to in that subsection is mutually supportive of acqui5 sition programs of the military departments’’. 

6 SEC. 908. DEPARTMENT OF DEFENSE BOARD OF ACTU7 ARIES. 

8 (a) ESTABLISHMENT.—There is established in the De9 partment of Defense a Department of Defense Board of Ac10 tuaries (hereinafter in this section referred to as the 

11 ‘‘Board’’). 

12 (b) MEMBERSHIP.— 

13 (1) IN GENERAL.—The Board shall consist of 

14 three members who shall be appointed by the Presi15 dent from among qualified professional actuaries who 

16 are members of the Society of Actuaries. 

17 (2) TERMS.—(A) Except as provided in subpara18 graph (B), the members of the Board shall serve for 

19 a term of 15 years, except that a member of the Board 

20 appointed to fill a vacancy occurring before the end 

21 of the term for which his predecessor was appointed 

22 shall serve only until the end of such term. A member 

23 may serve after the end of his term until his successor 

24 has taken office. A member of the Board may be re25 moved by the President. 

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1 (B) The three current members of the Depart2 ment of Defense Retirement Board of Actuaries and 

3 the Department of Defense Education Benefits Board 

4 of Actuaries shall serve the remainder of their existing 

5 terms as members of the Board pursuant to subpara6 graph (A). 

7 (C) A member of the Board who is not otherwise 

8 an employee of the United States is entitled to receive 

9 pay at the daily equivalent of the annual rate of basic 

10 pay of the highest rate of basic pay then currently 

11 being paid under the General Schedule of subchapter 

12 III of chapter 53 of title 5, United States Code, for 

13 each day the member is engaged in the performance 

14 of duties vested in the Board and is entitled to travel 

15 expenses, including a per diem allowance, in accord16 ance with section 5703 of title 5. 

17 (c) REPORT.—The Board shall report to the Secretary 

18 of Defense annually on the actuarial status of the Depart19 ment of Defense Military Retirement Fund established by 

20 section 1461 of title 10, United States Code, and the De21 partment of Defense Education Benefits Fund established 

22 by section 2006 of title 10, and shall furnish its advice and 

23 opinion on matters referred to it by the Secretary. 

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1 (d) RECORDS.—The Secretary shall keep, or cause to 

2 be kept, such records as necessary for determining the actu3 arial status of the Funds. 

4 (e) DOD EDUCATION BENEFITS FUND.—The Board 

5 shall review valuations of the Department of Defense Edu6 cation Benefits Fund under section 2006(f) of title 10, 

7 United States Code, and shall recommend to the President 

8 and thereafter to Congress such changes as in the Board’s 

9 judgment are appropriate and necessary to protect the pub10 lic interest and maintain the Department of Defense Edu11 cation Benefits Fund on a sound actuarial basis. 

12 (f) DOD MILITARY RETIREMENT FUND.—The Board 

13 shall review valuations of the Department of Defense Mili14 tary Retirement Fund under section 1465(c) of title 10, 

15 United States Code, and shall report periodically, not less 

16 than once every four years, to the President and thereafter 

17 to Congress on the status of the Department of Defense Mili18 tary Retirement Fund. The Board shall include in such re19 port recommendations for such changes as in the Board’s 

20 judgment are appropriate and necessary to protect the pub21 lic interest and maintain the Department of Defense Mili22 tary Retirement Fund on a sound actuarial basis. 

23 (g) REPEAL OF SUPERSEDED PROVISIONS.—(1) Sec24 tion 1464 of title 10, United States Code, is repealed. 

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1 (2) Section 2006 of title 10 is amended by striking 

2 subsection (e). 

3 (h) CONFORMING AMENDMENTS.— 

4 (1) The table of sections at the beginning of 

5 chapter 74 of title 10, United States Code, is amended 

6 by striking the item relating to section 1464. 

7 (2) Section 1175(h)(4) of such title is amended 

8 by striking ‘‘Retirement’’ the first place it appears. 

9 (3) Section 1460(b) of such title is amended by 

10 striking ‘‘Retirement’’. 

11 (4) Section 1466(c)(3) of such title is amended 

12 by striking ‘‘Retirement’’. 

13 (5) Section 12521(6) of such title is amended by 

14 striking ‘‘Department of Defense Education Benefits 

15 Board of Actuaries referred to in section 2006(e)(1) of 

16 this title’’ and inserting ‘‘Department of Defense 

17 Board of Actuaries’’. 

18 Subtitle B—Space Activities 

19 SEC. 911. SPACE PROTECTION POLICY AND STRATEGY. 

20 (a) POLICY.—It is the policy of the United States that 

21 the Secretary of Defense accord, after the date of the enact22 ment of this Act, a greater priority within the Nation’s 

23 space programs to the protection of national security space 

24 systems than the Secretary has accorded before the date of 

25 the enactment of this Act. 

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1 (b) STRATEGY.—The Secretary of Defense shall develop 

2 a strategy, to be known as the Space Protection Strategy, 

3 for the development and fielding by the United States of 

4 the space capabilities that are necessary to ensure freedom 

5 of action in space for the United States. 

6 (c) MATTERS INCLUDED.—The strategy required by 

7 subsection (b) shall include each of the following: 

8 (1) An identification of the threats to, and the 

9 vulnerabilities of, the national security space systems 

10 of the United States. 

11 (2) A description of the systems currently con12 tained in the program of record of the Department of 

13 Defense that provide space capabilities. 

14 (3) For each period covered by the strategy, a de15 scription of the space capabilities that are needed for 

16 the period, and the space capabilities that are desired 

17 for the period, including— 

18 (A) the hardware, software, and other mate19 rials or services to be developed or procured; 

20 (B) the management and organizational 

21 changes to be achieved; and 

22 (C) concepts of operations, tactics, tech23 niques, and procedures to be employed. 

24 (4) For each period covered by the strategy, an 

25 assessment of the gaps and shortfalls between the 

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1 space capabilities that are needed for the period (and 

2 the space capabilities that are desired for the period) 

3 and the space capabilities currently contained in the 

4 program of record. 

5 (5) For each period covered by the strategy, a 

6 comprehensive plan for investment in space capabili7 ties that identifies specific program and technology 

8 investments to be made in that period. 

9 (6) A description of the current processes by 

10 which the requirements of the Department of Defense 

11 for space systems protection are addressed in space 

12 acquisition programs and during key milestone deci13 sions, an assessment of the adequacy of those proc14 esses, and an identification of the actions of the De15 partment for addressing any inadequacies in those 

16 processes. 

17 (7) A description of the current processes by 

18 which the Department of Defense program and budget 

19 for space systems protection capabilities (including 

20 capabilities that are incorporated into single pro21 grams and capabilities that span multiple programs), 

22 an assessment of the adequacy of those processes, and 

23 an identification of the actions of the Department for 

24 addressing any inadequacies in those processes. 

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1 (8) A description of the organizational and man2 agement structure of the Department of Defense for 

3 addressing policy, planning, acquisition, and oper4 ations with respect to space capabilities, a description 

5 of the roles and responsibilities of each organization, 

6 and an identification of the actions of the Depart7 ment for addressing any inadequacies in that struc8 ture. 

9 (d) PERIODS COVERED.—The strategy required by 

10 subsection (b) shall cover the following periods: 

11 (1) Fiscal years 2008 through 2013. 

12 (2) Fiscal years 2014 through 2019. 

13 (3) Fiscal years 2020 through 2025. 

14 (e) SPACE CAPABILITIES DEFINED.—In this section, 

15 the term ‘‘space capabilities’’ means capabilities, consistent 

16 with international law and treaties, for space situational 

17 awareness and for space systems protection. 

18 (f) REPORT; BIENNIAL UPDATE.— 

19 (1) REPORT.—Not later than March 15, 2008, 

20 the Secretary of Defense shall submit to the congres21 sional defense committees a report on the strategy re22 quired by subsection (b), including each of the matters 

23 required by subsection (c). 

24 (2) BIENNIAL UPDATE.—Not later than March 

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1 retary shall submit to the committees referred to in 

2 paragraph (1) an update to the report required by 

3 paragraph (1). 

4 (3) CLASSIFICATION.—The report required by 

5 paragraph (1), and each update required by para6 graph (2), shall be in unclassified form, but may in7 clude a classified annex. 

8 (g) CONFORMING REPEAL.—Section 911 of the Na9 tional Defense Authorization Act for Fiscal Year 2006 (Pub10 lic Law 109-163; 119 Stat. 3405; 10 U.S.C. 2271 note) is 

11 repealed. 

12 SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE 

13 CADRE WITHIN THE DEPARTMENT OF DE14 FENSE. 

15 (a) IN GENERAL.—Chapter 23 of title 10, United 

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

17 new section: 

18 ‘‘§ 490. Space cadre management: biennial report 

19 ‘‘(a) REQUIREMENT.—The Secretary of Defense and 

20 each Secretary of a military department shall develop 

21 metrics and use these metrics to identify, track, and manage 

22 space cadre personnel within the Department of Defense to 

23 ensure the Department has sufficient numbers of personnel 

24 with the expertise, training, and experience to meet current 

25 and future national security space needs. 

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1 ‘‘(b) BIENNIAL REPORT REQUIRED.— 

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this section, and 

4 every even-numbered year thereafter, the Secretary of 

5 Defense shall submit to the congressional defense com6 mittees a report on the management of the space 

7 cadre. 

8 ‘‘(2) MATTERS INCLUDED.—The report required 

9 by paragraph (1) shall include— 

10 ‘‘(A) the number of active duty, reserve 

11 duty, and government civilian space-coded billets 

12 that— 

13 ‘‘(i) are authorized or permitted to be 

14 maintained for each military department 

15 and defense agency; 

16 ‘‘(ii) are needed or required for each 

17 military department and defense agency for 

18 the year in which the submission of the re19 port is required; and 

20 ‘‘(iii) are needed or required for each 

21 military department and defense agency for 

22 each of the five years following the date of 

23 the submission of the report; 

24 ‘‘(B) the actual number of active duty, re25 serve duty, and government civilian personnel 

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1 that are coded or classified as space cadre per2 sonnel within the Department of Defense, includ3 ing the military departments and defense agen4 cies; 

5 ‘‘(C) the number of personnel recruited or 

6 hired as accessions to serve in billets coded or 

7 classified as space cadre personnel for each mili8 tary department and defense agency; 

9 ‘‘(D) the number of personnel serving in bil10 lets coded or classified as space cadre personnel 

11 that discontinued serving each military depart12 ment and defense agency during the preceding 

13 calendar year, categorized by rationale provided 

14 for discontinuing service; 

15 ‘‘(E) for each of the reporting requirements 

16 in subparagraphs (A) through (D), further clas17 sification of the number of personnel by— 

18 ‘‘(i) space operators, acquisition per19 sonnel, engineers, scientists, program man20 agers, and other space-related areas identi21 fied by the Department; 

22 ‘‘(ii) expertise or technical specializa23 tion area— 

24 ‘‘(I) such as communications, 

25 missile warning, spacelift, and any 

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1 other space-related specialties identi2 fied by the Department or classifica3 tions used by the Department; and 

4 ‘‘(II) consistent with section 1721 

5 of this title for acquisition personnel; 

6 ‘‘(iii) rank for active duty and reserve 

7 duty personnel and grade for government 

8 civilian personnel; 

9 ‘‘(iv) qualification, expertise, or pro10 ficiency level consistent with service and 

11 agency-defined qualification, expertise, or 

12 proficiency levels; and 

13 ‘‘(v) any other such space-related clas14 sification categories used by the Department 

15 or military departments; and 

16 ‘‘(F) any other metrics identified by the De17 partment to improve the identification, tracking, 

18 training, and management of space cadre per19 sonnel. 

20 ‘‘(3) ASSESSMENTS.—The report required by 

21 paragraph (1) shall also include the Secretary’s as22 sessment of the state of the Department’s space cadre, 

23 the Secretary’s assessment of the space cadres of the 

24 military departments, and a description of efforts to 

25 ensure the Department has a space cadre sufficient to 

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1 meet current and future national security space 

2 needs.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is amended by adding at the 

5 end the following new item: 

‘‘490. Space cadre management: biennial report.’’. 

6 Subtitle C—Chemical 

7 Demilitarization Program 

8 SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI9 SORY COMMISSIONS. 

10 (a) FUNCTIONS.—Section 172 of the National Defense 

11 Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 

12 note) is amended— 

13 (1) in each of subsections (b) and (f), by striking 

14 ‘‘Assistant Secretary of the Army (Research, Develop15 ment and Acquisition)’’ and inserting ‘‘Assistant Sec16 retary of the Army (Acquisition, Logistics, and Tech17 nology)’’; and 

18 (2) in subsection (g), by striking ‘‘Assistant Sec19 retary of the Army (Research, Development, and Ac20 quisition)’’ and inserting ‘‘Assistant Secretary of the 

21 Army (Acquisition, Logistics, and Technology)’’. 

22 (b) TERMINATION.—Such section is further amended 

23 in subsection (h) by striking ‘‘after the stockpile located in 

24 that commission’s State has been destroyed’’ and inserting 

25 ‘‘after the closure activities required pursuant to regulations 

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1 promulgated by the Administrator of the Environmental 

2 Protection Agency pursuant to the Solid Waste Disposal Act 

3 (42 U.S.C. 6901 et seq.) have been completed for the chem4 ical agent destruction facility in the commission’s State, 

5 or upon the request of the Governor of the commission’s 

6 State, whichever occurs first’’. 

7 SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DE8 STRUCTION OF UNITED STATES CHEMICAL 

9 WEAPONS STOCKPILE. 

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

11 (1) The Convention on the Prohibition of the De12 velopment, Production, Stockpiling and Use of Chem13 ical Weapons and on Their Destruction, done at 

14 Paris on January 13, 1993 (commonly referred to as 

15 the ‘‘Chemical Weapons Convention’’), originally re16 quired that destruction of the entire United States 

17 chemical weapons stockpile be completed by April 29, 

18 2007, and then subsequently extended five years to 

19 April 29, 2012. 

20 (2) Destroying existing chemical weapons is a 

21 homeland security imperative and an arms control 

22 priority and is required by United States law. 

23 (3) The program met its one percent and 20 per24 cent destruction deadlines early, and is working tomstockstill on PROD1PC66 with BILLS

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1 wards its 45 percent destruction milestone date of De2 cember 31, 2007, as extended. 

3 (4) The mission of the Assembled Chemical 

4 Weapons Alternatives (ACWA) program, established 

5 in the Department of Defense by Congress in 1997, is 

6 to safely destroy the chemical weapons stockpiles lo7 cated at Pueblo Chemical Depot, Colorado, and Blue 

8 Grass Army Depot, Kentucky, through the demonstra9 tion of systems employing alternative technologies to 

10 the incineration process. 

11 (5) Current ACWA plans call for the use of neu12 tralization followed by on-site biotreatment of aqueous 

13 secondary wastes to destroy the Pueblo stockpile, and 

14 the use of neutralization followed by on-site supercrit15 ical water oxidation treatment of aqueous secondary 

16 wastes to destroy the Blue Grass stockpile. 

17 (6) Affected communities in Colorado and Ken18 tucky, represented respectively by the Colorado Chem19 ical Demilitarization Citizens’ Advisory Commission 

20 (CO CAC) and the Chemical Destruction Community 

21 Advisory Board (CDCAB), have made clear their 

22 preference for on-site treatment of aqueous secondary 

23 wastes over off-site treatment. 

24 (7) Section 921(b)(3) of the John Warner Na25 tional Defense Authorization Act for Fiscal Year 2007 

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1 (Public Law 109-364; 120 Stat. 2359) contained a 

2 Sense of Congress urging the Secretary of Defense to 

3 ensure the elimination of the United States chemical 

4 weapons stockpile in the shortest time possible, con5 sistent with the requirement to protect public health, 

6 safety, and the environment. 

7 (8) Section 921(b)(4) of that Act contained a 

8 Sense of Congress urging the Secretary of Defense to 

9 propose a credible treatment and disposal process 

10 with the support of affected communities. 

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

12 the Department of Defense should— 

13 (1) continue with its plan for on-site disposal of 

14 the ACWA-managed stockpiles located at Pueblo 

15 Chemical Depot, Colorado, and Blue Grass Army 

16 Depot, Kentucky; and 

17 (2) ensure that extensive consultation and notifi18 cation processes exist between representatives of the 

19 Department of Defense and representatives of the rel20 evant States and local communities. 

21 Subtitle D—Intelligence-Related 

22 Matters 

23 SEC. 931. REPORTS ON FOREIGN LANGUAGE PROFICIENCY. 

24 (a) IN GENERAL.— 

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1 (1) FOREIGN LANGUAGE PROFICIENCY RE2 PORTS.—Chapter 23 of title 10, United States Code, 

3 as amended by this Act, is further amended by add4 ing at the end the following new section: 

5 ‘‘§ 491. Foreign language proficiency: annual reports 

6 ‘‘(a) IN GENERAL.—The Secretary of each military de7 partment shall annually submit to the Secretary of Defense 

8 a report on the foreign language proficiency of the personnel 

9 of the military department concerned. 

10 ‘‘(b) CONTENTS.—Each report submitted under sub11 section (a) shall include, for each foreign language and, 

12 where appropriate, dialect of a foreign language— 

13 ‘‘(1) the number of positions of the military de14 partment concerned that require proficiency in the 

15 foreign language or dialect; 

16 ‘‘(2) the number of personnel of the military de17 partment that are serving in a position that— 

18 ‘‘(A) requires proficiency in the foreign lan19 guage or dialect to perform the primary duty of 

20 the position; and 

21 ‘‘(B) does not require proficiency in the for22 eign language or dialect to perform the primary 

23 duty of the position; 

24 ‘‘(3) the number of personnel that are proficient 

25 in the foreign language or dialect that— 

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1 ‘‘(A) are authorized for the military depart2 ment for which the report is submitted; and 

3 ‘‘(B) the Secretary of the military depart4 ment concerned considers necessary for the mili5 tary department concerned for each of the five 

6 years following the date of the submission of the 

7 report; 

8 ‘‘(4) the number of personnel of the military de9 partment concerned rated at each level of proficiency 

10 of the Interagency Language Roundtable; 

11 ‘‘(5) whether the number of personnel at each 

12 level of proficiency of the Interagency Language 

13 Roundtable meets the requirements of the military de14 partment concerned; 

15 ‘‘(6) the number of personnel serving or hired to 

16 serve as linguists for the military department con17 cerned that are not qualified as linguists under the 

18 standards of the Interagency Language Roundtable; 

19 ‘‘(7) the number of personnel hired to serve as 

20 linguists for the military department concerned dur21 ing the preceding calendar year; 

22 ‘‘(8) the number of personnel serving as linguists 

23 that discontinued serving the military department 

24 concerned during the preceding calendar year; 

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1 ‘‘(9) the percentage of work requiring linguistic 

2 skills that is fulfilled by an ally of the United States; 

3 ‘‘(10) the percentage of work requiring linguistic 

4 skills that is fulfilled by contractors; and 

5 ‘‘(11) the percentage of work requiring linguistic 

6 skills that is fulfilled by personnel of the intelligence 

7 community (as such term is defined in section 3(4) 

8 of the National Security Act of 1947 (50 U.S.C. 

9 401a(4))) that are not members of the armed forces on 

10 active duty assigned to the military department for 

11 which the report is submitted. 

12 ‘‘(c) SECRETARY OF DEFENSE REPORT TO CON13 GRESS.—The Secretary of Defense shall annually submit to 

14 the congressional defense committees a report containing— 

15 ‘‘(1) each report submitted to the Secretary of 

16 Defense for a year under subsection (a); 

17 ‘‘(2) for each foreign language and, where appro18 priate, dialect of a foreign language— 

19 ‘‘(A) the number of positions of the Depart20 ment of Defense that are not under the jurisdic21 tion of the Secretary of a military department 

22 that require proficiency in the foreign language 

23 or dialect; 

24 ‘‘(B) the number of personnel of the Depart25 ment of Defense that are not under the jurisdicmstockstill on PROD1PC66 with BILLS

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1 tion of the Secretary of a military department 

2 that are serving in a position that— 

3 ‘‘(i) requires proficiency in the foreign 

4 language or dialect to perform the primary 

5 duty of the position; and 

6 ‘‘(ii) does not require proficiency in 

7 the foreign language or dialect to perform 

8 the primary duty of the position; 

9 ‘‘(C) the number of personnel of the Depart10 ment of Defense that are not under the jurisdic11 tion of the Secretary of a military department 

12 that are proficient in the foreign language or 

13 dialect that— 

14 ‘‘(i) are authorized for the Department 

15 of Defense, but not under the jurisdiction of 

16 the Secretary of a military department; and 

17 ‘‘(ii) the Secretary of Defense considers 

18 necessary for the Department of Defense (ex19 cluding personnel under the jurisdiction of 

20 the Secretary of a military department) for 

21 each of the five years following the date of 

22 the submission of the report; 

23 ‘‘(D) the number of personnel of the Depart24 ment of Defense that are not under the jurisdic25 tion of the Secretary of a military department 

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1 rated at each level of proficiency of the Inter2 agency Language Roundtable; 

3 ‘‘(E) whether the number of personnel at 

4 each level of proficiency of the Interagency Lan5 guage Roundtable meets the requirements of the 

6 Department of Defense; 

7 ‘‘(F) the number of personnel serving or 

8 hired to serve as linguists for the Department of 

9 Defense that are not under the jurisdiction of the 

10 Secretary of a military department that are not 

11 qualified as linguists under the standards of the 

12 Interagency Language Roundtable; 

13 ‘‘(G) the number of personnel hired during 

14 the preceding calendar year to serve as linguists 

15 for the Department of Defense that are not under 

16 the jurisdiction of the Secretary of a military de17 partment; 

18 ‘‘(H) the number of personnel not under the 

19 jurisdiction of the Secretary of a military de20 partment serving as linguists that discontinued 

21 serving the Department of Defense during the 

22 preceding calendar year; 

23 ‘‘(I) the percentage of work requiring lin24 guistic skills that is fulfilled by an ally of the 

25 United States; 

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1 ‘‘(J) the percentage of work requiring lin2 guistic skills that is fulfilled by contractors; and 

3 ‘‘(K) the percentage of work requiring lin4 guistic skills that is fulfilled by personnel of the 

5 intelligence community (as such term is defined 

6 in section 3(4) of the National Security Act of 

7 1947 (50 U.S.C. 401a(4))) that are not members 

8 of the armed forces on active duty assigned to the 

9 military department for which the report is sub10 mitted; and 

11 ‘‘(3) an assessment of the foreign language ca12 pacity and capabilities of the Department of Defense 

13 as a whole. 

14 ‘‘(d) NON-MILITARY PERSONNEL.— 

15 ‘‘(1) SECRETARY OF MILITARY DEPARTMENT RE16 PORTS.—Except as provided in subsection (a)(11), a 

17 report submitted under subsection (a) shall cover only 

18 members of the armed forces on active duty assigned 

19 to the military department concerned. 

20 ‘‘(2) SECRETARY OF DEFENSE REPORTS.—Ex21 cept as provided in subsection (c)(2)(K), a report sub22 mitted under subsection (c) shall cover only members 

23 of the armed forces on active duty assigned to the De24 partment of Defense.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 adding at the end the following new item: 

‘‘491. Foreign language proficiency: annual reports.’’. 

4 (b) EFFECTIVE DATE.— 

5 (1) INITIAL REPORT BY SECRETARY OF EACH

6 MILITARY DEPARTMENT.—The first report required to 

7 be submitted by the Secretary of each military de8 partment under section 491(a) of title 10, United 

9 States Code, as added by subsection (a), shall be sub10 mitted not later than 180 days after the date of the 

11 enactment of this Act. 

12 (2) INITIAL REPORT BY SECRETARY OF DE13 FENSE.—The first report required to be submitted by 

14 the Secretary of Defense under section 491(c) of title 

15 10, United States Code, as added by subsection (a), 

16 shall be submitted not later than 240 days after the 

17 date of the enactment of this Act. 

18 SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

19 STATES CODE, ARISING FROM ENACTMENT 

20 OF THE INTELLIGENCE REFORM AND TER21 RORISM PREVENTION ACT OF 2004. 

22 (a) REFERENCES TO HEAD OF INTELLIGENCE COMMU23 NITY.—Title 10, United States Code, is amended by striking 

24 ‘‘Director of Central Intelligence’’ each place it appears in 

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1 the following provisions and inserting ‘‘Director of National 

2 Intelligence’’: 

3 (1) Section 192(c)(2). 

4 (2) Section 193(d)(2). 

5 (3) Section 193(e). 

6 (4) Section 201(a). 

7 (5) Section 201(c)(1). 

8 (6) Section 425(a). 

9 (7) Section 426(a)(3). 

10 (8) Section 426(b)(2). 

11 (9) Section 441(c). 

12 (10) Section 441(d). 

13 (11) Section 443(d). 

14 (12) Section 2273(b)(1). 

15 (13) Section 2723(a). 

16 (b) REFERENCES TO HEAD OF CENTRAL INTEL17 LIGENCE AGENCY.—Such title is further amended by strik18 ing ‘‘Director of Central Intelligence’’ each place it appears 

19 in the following provisions and inserting ‘‘Director of the 

20 Central Intelligence Agency’’: 

21 (1) Section 431(b)(1). 

22 (2) Section 444. 

23 (3) Section 1089(g). 

24 (c) OTHER AMENDMENTS.— 

25 (1) SUBSECTION HEADINGS.— 

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1 (A) SECTION 441(c).—The heading of sub2 section (c) of section 441 of such title is amended 

3 by striking ‘‘DIRECTOR OF CENTRAL INTEL4 LIGENCE’’ and inserting ‘‘DIRECTOR OF NA5 TIONAL INTELLIGENCE’’. 

6 (B) SECTION 443(d).—The heading of sub7 section (d) of section 443 of such title is amended 

8 by striking ‘‘DIRECTOR OF CENTRAL INTEL9 LIGENCE’’ and inserting ‘‘DIRECTOR OF NA10 TIONAL INTELLIGENCE’’. 

11 (2) SECTION 201.—Section 201 of such title is 

12 further amended— 

13 (A) in subsection (b)(1), to read as follows: 

14 ‘‘(1) In the event of a vacancy in a position re15 ferred to in paragraph (2), before appointing an indi16 vidual to fill the vacancy or recommending to the 

17 President an individual to be nominated to fill the 

18 vacancy, the Secretary of Defense shall obtain the con19 currence of the Director of National Intelligence as 

20 provided in section 106(b) of the National Security 

21 Act of 1947 (50 U.S.C. 403–6(b)).’’; and 

22 (B) in subsection (c)(1), by striking ‘‘Na23 tional Foreign Intelligence Program’’ and insert24 ing ‘‘National Intelligence Program’’. 

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1 Subtitle E—Roles and Missions 

2 Analysis 

3 SEC. 941. ANALYSIS AND ORGANIZATION OF ROLES AND 

4 MISSIONS OF DEPARTMENT OF DEFENSE. 

5 (a) REQUIREMENT FOR QUADRENNIAL ROLES AND

6 MISSIONS REVIEW.— 

7 (1) IN GENERAL.—Chapter 2 of title 10, United 

8 States Code, is amended by inserting after section 

9 118a the following new section: 

10 ‘‘§ 118b. Quadrennial roles and missions review 

11 ‘‘(a) REVIEW REQUIRED.—(1) The Secretary of De12 fense shall every four years conduct a comprehensive assess13 ment (to be known as the ‘quadrennial roles and missions 

14 review’) of the roles and missions of the Department of De15 fense. Each such quadrennial roles and missions review 

16 shall be conducted in consultation with the Chairman of 

17 the Joint Chiefs of Staff. 

18 ‘‘(b) CONDUCT OF REVIEW.—Each quadrennial roles 

19 and missions review shall be conducted so as— 

20 ‘‘(1) to organize the significant missions of the 

21 Department of Defense into core mission areas that 

22 cover broad areas of military activity, such as domi23 nance of ground, air, maritime, and space environ24 ments; expeditionary warfare; mobility; homeland de25 fense; and cyberoperations; and 

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1 ‘‘(2) to ensure that the core mission areas are de2 fined so that the areas are mutually supportive but 

3 with as little overlap in functions as is necessary. 

4 ‘‘(c) SUBMISSION TO CONGRESSIONAL COMMITTEES.— 

5 (1) The Secretary shall submit a report on each quadren6 nial roles and missions review to the Committee on Armed 

7 Services of the Senate and the Committee on Armed Serv8 ices of the House of Representatives. 

9 ‘‘(2) The report shall be submitted in the year fol10 lowing the year in which the review is conducted, but not 

11 later than the date on which the President submits the budg12 et for the next fiscal year to Congress under section 1105(a) 

13 of title 31.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 inserting after the item relating to section 118a the 

17 following new item: 

‘‘118b. Quadrennial roles and missions review.’’. 

18 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

19 118(e) of title 10, United States Code, is amended— 

20 (1) by striking paragraph (2); and 

21 (2) by redesignating paragraph (3) as para22 graph (2). 

23 (c) DEADLINE FOR FIRST ROLES AND MISSIONS RE24 VIEW.—The first roles and missions review under section 

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1 118b of title 10, United States Code, as added by subsection 

2 (a), shall be performed and completed during 2008. 

3 SEC. 942. IDENTIFICATION OF CORE COMPETENCIES OF 

4 THE MILITARY DEPARTMENTS AND OTHER 

5 ENTITIES WITHIN THE DEPARTMENT OF DE6 FENSE. 

7 (a) IN GENERAL.— 

8 (1) REQUIREMENT.—Chapter 3 of title 10, 

9 United States Code, is amended by inserting after sec10 tion 125 the following new section: 

11 ‘‘§ 125a. Core competencies 

12 ‘‘(a) REQUIREMENT TO IDENTIFY CORE COM13 PETENCIES.—The Secretary of Defense, in consultation 

14 with the Chairman of the Joint Chiefs of Staff and the Sec15 retaries of the military departments, shall identify core 

16 competencies for each of the following: 

17 ‘‘(1) Each military department. 

18 ‘‘(2) The Office of the Secretary of Defense. 

19 ‘‘(3) Each Defense Agency. 

20 ‘‘(4) Each Department of Defense Field Activity. 

21 ‘‘(5) Each combatant command with acquisition 

22 authority. 

23 ‘‘(b) BASIS OF COMPETENCIES.—In identifying the 

24 core competencies of an entity listed in subsection (a), the 

25 Secretary of Defense shall— 

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1 ‘‘(1) ensure that each core competency is clearly 

2 associated with a core mission area of the Department 

3 of Defense (as identified pursuant to the quadrennial 

4 roles and missions review under section 118b of this 

5 title); and 

6 ‘‘(2) base such identification on the ability of an 

7 entity to provide doctrinal, organizational, training, 

8 materiel, leadership, personnel, and facilities solu9 tions to meet requirements within a core mission area 

10 of the Department of Defense.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended by 

13 adding at the end the following new item: 

‘‘125a. Core competencies.’’. 

14 (b) REPORT ON CORE COMPETENCIES.—The Secretary 

15 of Defense shall submit to the Committees on Armed Serv16 ices of the Senate and the House of Representatives a report 

17 on the core competencies identified under section 125a of 

18 title 10, United States Code, as added by subsection (a), 

19 not later than the date on which the budget for fiscal year 

20 2009 is submitted to Congress by the President under sec21 tion 1105(a) of title 31, United States Code. 

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1 SEC. 943. REVIEW OF CAPABILITIES OF THE MILITARY DE2 PARTMENTS AND OTHER ENTITIES. 

3 (a) REVIEW REQUIRED.—The Secretary of Defense 

4 shall conduct a review of the capabilities that each of the 

5 following entities is performing or developing: 

6 (1) Each military department. 

7 (2) The Office of the Secretary of Defense. 

8 (3) Each Defense Agency. 

9 (4) Each Department of Defense Field Activity. 

10 (5) Each combatant command with acquisition 

11 authority. 

12 (b) MATTERS COVERED.—In conducting the review, 

13 the Secretary of Defense— 

14 (1) shall determine whether any such capabilities 

15 are outside the entity’s core competencies (as identi16 fied under section 125a of this title) or outside a core 

17 mission area of the Department of Defense (as identi18 fied pursuant to the quadrennial roles and missions 

19 review under section 118b of this title); 

20 (2) shall determine whether any core com21 petencies required to effectively perform the core mis22 sion areas of the Department of Defense are not being 

23 performed or developed in any entity listed in sub24 section (a); and 

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1 (3) shall determine whether there is any duplica2 tion of a capability within a core mission area, and 

3 provide a justification for such duplication. 

4 (c) REPORT TO CONGRESS; LIMITATION.—Not later 

5 than June 1, 2009, the Secretary shall submit to the Com6 mittees on Armed Services of the Senate and the House of 

7 Representatives a report on the review. No new major de8 fense acquisition programs may be started in the Depart9 ment of Defense after June 1, 2009, until the report has 

10 been submitted to such committees. 

11 SEC. 944. JOINT REQUIREMENTS OVERSIGHT COUNCIL AD12 DITIONAL DUTIES RELATING TO CORE MIS13 SION AREAS. 

14 (a) REVISIONS IN MISSION.— 

15 (1) REVISIONS.—Subsection (b) of section 181 of 

16 title 10, United States Code, is amended to read as 

17 follows: 

18 ‘‘(b) MISSION.—In addition to other matters assigned 

19 to it by the President or Secretary of Defense, the Joint 

20 Requirements Oversight Council shall— 

21 ‘‘(1) assist the Chairman of the Joint Chiefs of 

22 Staff— 

23 ‘‘(A) in identifying, assessing, and approv24 ing joint military requirements (including existmstockstill on PROD1PC66 with BILLS

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1 ing systems and equipment) to meet the national 

2 military strategy; and 

3 ‘‘(B) in identifying the core mission area 

4 associated with each such requirement; 

5 ‘‘(2) assist the Chairman in establishing and as6 signing priority levels for joint military requirements; 

7 ‘‘(3) assist the Chairman in estimating the level 

8 of resources required in the fulfillment of each joint 

9 military requirement and in ensuring that such re10 source level is consistent with the level of priority as11 signed to such requirement; and 

12 ‘‘(4) assist the Chairman in considering alter13 natives to any acquisition program that has been 

14 identified to meet joint military requirements by eval15 uating the cost, schedule, and performance criteria of 

16 each alternative and of the identified program.’’. 

17 (2) DEFINITIONS.—Section 181 of such title is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(e) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘joint military requirement’ 

22 means a capability necessary to fulfill a gap in a core 

23 mission area of the Department of Defense. 

24 ‘‘(2) The term ‘core mission area’ means a core 

25 mission area of the Department of Defense identified 

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1 under the most recent quadrennial roles and missions 

2 review pursuant to section 118b of this title.’’. 

3 (b) ADDITIONAL MEMBERS OF JOINT REQUIREMENTS

4 OVERSIGHT COUNCIL.—Section 181(c) of title 10, United 

5 States Code, is amended— 

6 (1) by redesignating subparagraphs (B), (C), 

7 (D), and (E) as subparagraphs (D), (E), (F), and 

8 (G), respectively; and 

9 (2) by inserting after subparagraph (A) the fol10 lowing new subparagraphs: 

11 ‘‘(B) the Under Secretary of Defense for Acquisi12 tion, Technology, and Logistics; 

13 ‘‘(C) the Under Secretary of Defense (Comp14 troller);’’. 

15 (c) ORGANIZATION.—Section 181 of such title is 

16 amended— 

17 (1) by redesignating subsections (d) and (e) (as 

18 added by subsection (a)) as subsections (e) and (f), re19 spectively; and 

20 (2) by inserting after subsection (c) the following 

21 new subsection (d): 

22 ‘‘(d) ORGANIZATION.—The Joint Requirements Over23 sight Council shall organize its activities according to the 

24 core missions areas of the Department of Defense. In any 

25 review of a core mission area, the officer or official assigned 

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1 to lead the review shall have a deputy from a different mili2 tary department.’’. 

3 (d) DEADLINES.—Effective June 1, 2009, all joint 

4 military requirements documents of the Joint Requirements 

5 Oversight Council produced to carry out its mission under 

6 section 181(b)(1) of title 10, United States Code, shall con7 form to the core mission areas organized and defined under 

8 section 118b of such title. Not later than October 1, 2009, 

9 all such documents produced before June 1, 2009, shall con10 form to such structure. 

11 (e) REVISED FUNCTION OF CHAIRMAN OF JOINT

12 CHIEFS OF STAFF.—Section 153(a)(4)(F) of title 10, 

13 United States Code, is amended by striking ‘‘Assessing mili14 tary requirements for defense acquisition programs.’’ and 

15 inserting ‘‘Advising the Secretary on the effective and effi16 cient coordination of all military requirements for defense 

17 acquisition programs.’’. 

18 SEC. 945. REQUIREMENT FOR CERTIFICATION OF MAJOR 

19 SYSTEMS PRIOR TO TECHNOLOGY DEVELOP20 MENT. 

21 (a) REQUIREMENT FOR CERTIFICATION.— 

22 (1) IN GENERAL.—Chapter 139 of title 10, 

23 United States Code, is amended by inserting after sec24 tion 2366a the following new section: 

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1 ‘‘§ 2366b. Major systems: requirement for Joint Re2 quirements Oversight Council certifi3 cation 

4 ‘‘(a) CERTIFICATION.—Before the start of technology 

5 development for a major system, the Joint Requirements 

6 Oversight Council shall certify— 

7 ‘‘(1) that the system fulfills an approved initial 

8 capabilities document; 

9 ‘‘(2) that the system is being executed by an enti10 ty with a relevant core competency as identified by 

11 the Secretary of Defense under section 125a of this 

12 title; 

13 ‘‘(3) if the system duplicates a capability al14 ready provided by an existing system, the duplication 

15 provided by such system is necessary and appro16 priate; and 

17 ‘‘(4) that a cost estimate for the system has been 

18 submitted and that the level of resources required to 

19 develop and procure the system is consistent with the 

20 level of resources estimated by the Joint Requirements 

21 Oversight Council for the initial capabilities docu22 ment identified under paragraph (1). 

23 ‘‘(b) NOTIFICATION.—With respect to a major system 

24 certified by the Joint Requirements Oversight Council 

25 under subsection (a), if the projected cost of the system, at 

26 any time prior to Milestone B approval, exceeds the cost 

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1 estimate for the system submitted to the Council at the time 

2 of the certification by at least 25 percent, the Secretary of 

3 the military department concerned, or in the case of Office 

4 of the Secretary of Defense, a Defense Agency, or a Depart5 ment of Defense Field Activity, the Secretary of Defense, 

6 shall notify the Joint Requirements Oversight Council. 

7 Upon receipt of such notification, the Council shall consider 

8 whether to recommend that the program be continued or 

9 that the program be terminated. 

10 ‘‘ (c) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘major system’ has the meaning 

12 provided in section 2302(5) of this title. 

13 ‘‘(2) The term ‘initial capabilities document’ 

14 means any capabilities requirement document ap15 proved by the Joint Requirements Oversight Council 

16 that establishes the need for a materiel approach to 

17 resolve a capability gap. 

18 ‘‘(3) The term ‘technology development program’ 

19 means a coordinated effort to assess technologies and 

20 refine user performance parameters to fulfill a capa21 bility gap identified in an initial capabilities docu22 ment. 

23 ‘‘(4) The term ‘entity’ means an entity listed in 

24 section 125a(a) of this title. 

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1 ‘‘(5) The term ‘Milestone B approval’ has the 

2 meaning provided that term in section 2366(e)(7) of 

3 this title.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended by 

6 adding at the end the following new item: 

‘‘2366b. Major systems: requirement for Joint Requirements Oversight Council certification.’’. 

7 (b) EFFECTIVE DATE.—Section 2366b of title 10, 

8 United States Code, as added by subsection (a), shall apply 

9 to major systems on and after March 1, 2008. 

10 SEC. 946. PRESENTATION OF FUTURE-YEARS MISSION 

11 BUDGET BY CORE MISSION AREA. 

12 (a) TIME OF SUBMISSION OF FUTURE-YEARS MISSION

13 BUDGET.—The second sentence of section 222(a) of title 10, 

14 United States Code, is amended to read as follows: ‘‘That 

15 budget shall be submitted for any fiscal year with the fu16 ture-years defense program submitted under section 221 of 

17 this title.’’. 

18 (b) ORGANIZATION OF FUTURE-YEARS MISSION BUDG19 ET.—The second sentence of section 222(b) of such title is 

20 amended by striking ‘‘on the basis’’ and all that follows 

21 through the end of the sentence and inserting the following: 

22 ‘‘on the basis of both major force programs and the core 

23 mission areas identified under the most recent quadrennial 

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1 roles and missions review pursuant to section 118b of this 

2 title.’’ 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply with respect to the future-years mission 

5 budget for fiscal year 2010 and each fiscal year thereafter. 

6 SEC. 947. FUTURE CAPABILITY PLANNING BY JOINT RE7 QUIREMENTS OVERSIGHT COUNCIL. 

8 (a) REQUIREMENT FOR EXTENDED PLANNING AN9 NEXES.—Section 181 of title 10, United States Code, as 

10 amended by this subtitle, is further amended— 

11 (1) by redesignating subsection (f) as subsection 

12 (g); and 

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

14 new subsection (f): 

15 ‘‘(f) FUTURE CAPABILITY PLANNING.—(1)(A) The Sec16 retary of Defense shall direct the commanders of combatant 

17 commands to prepare extended planning annexes to all 

18 operational and contingency plans. Each extended plan19 ning annex shall— 

20 ‘‘(i) include the commander’s assessment of the 

21 capabilities needed to successfully accomplish the mis22 sions for which the operational and contingency plans 

23 were created; 

24 ‘‘(ii) use a 15-year planning horizon and take 

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1 political environment, and doctrine, training, and 

2 operational concepts; and 

3 ‘‘(iii) provide capability assessments for the year 

4 in which the annex is submitted and for the 5th, 10th, 

5 and 15th years after such year. 

6 ‘‘(B) The extended planning annexes shall be submitted 

7 to the Secretary of Defense and the Chairman of the Joint 

8 Chiefs of Staff biannually. 

9 ‘‘(2) The Joint Requirements Oversight Council 

10 shall— 

11 ‘‘(A) in consultation with the office responsible 

12 for program analysis and evaluation within the Of13 fice of the Secretary of Defense and the Office of the 

14 Under Secretary of Defense for Acquisition, Tech15 nology, and Logistics, match— 

16 ‘‘(i) the capabilities that are expected to be 

17 provided by the acquisition programs in exist18 ence during the period covered by the most recent 

19 extended planning annexes, including classified 

20 and compartmentalized programs, and the 

21 science and technology programs in existence 

22 during that period, with 

23 ‘‘(ii) capability needs identified in the ex24 tended planning annexes prepared under para25 graph (1); 

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1 ‘‘(B) in coordination with the commanders of the 

2 combatant commands, and within 30 days after sub3 mission of the extended planning annexes, identify 

4 gaps in capabilities not likely to be closed by existing 

5 acquisition programs and science and technology pro6 grams described in subparagraph (A)(i), assign prior7 ities for addressing such gaps, and identify areas 

8 where such programs are expected to provide capa9 bility beyond that which is required; and 

10 ‘‘(C) develop a plan for the Department of De11 fense to acquire needed joint capabilities and divest 

12 itself of unneeded capabilities, based on the extended 

13 planning annexes prepared under paragraph (1). 

14 ‘‘(3) In this subsection, the term ‘operational and con15 tingency plans’ means plans prepared by a commander of 

16 a combatant command to carry out missions assigned to 

17 the command under section 164 of this title.’’. 

18 (b) DEADLINE FOR FIRST EXTENDED PLANNING AN19 NEXES.—The first extended planning annexes under section 

20 181(f) of title 10, United States Code, as added by sub21 section (a), shall be submitted under that section not later 

22 than 90 days after the date of the enactment of this Act. 

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1 Subtitle F—Other Matters 

2 SEC. 951. 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) In this subsection, the term ‘national security 

22 strategy’ means the annual national security strategy re23 port of the President under section 108 of the National Se24 curity Act of 1947 (50 U.S.C. 404a).’’. 

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1 SEC. 952. INTERAGENCY POLICY COORDINATION. 

2 (a) PLAN REQUIRED.—Not later than 180 days after 

3 the date of the enactment of this Act, the Secretary of De4 fense shall develop and submit to Congress a plan to to im5 prove and reform the interagency coordination process on 

6 national security issues. 

7 (b) ELEMENTS.—The elements of the plan shall include 

8 the following: 

9 (1) Assigning either the Under Secretary of De10 fense for Policy or another official to be the lead pol11 icy official for improving and reforming the inter12 agency coordination process on national security 

13 issues for the Department of Defense, with an expla14 nation of any decision to name an official other than 

15 the Under Secretary and the relative advantages and 

16 disadvantages of such decision. 

17 (2) Giving the official assigned under paragraph 

18 (1) the following responsibilities: 

19 (A) To be the lead person at the Department 

20 of Defense for the development of policy affecting 

21 the national security interagency process. 

22 (B) To serve, or designate a person to serve, 

23 as the representative of the Department of De24 fense in Federal Government forums established 

25 to address interagency policy, planning, or re26 forms. 

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1 (C) To advocate, on behalf of the Secretary, 

2 for greater interagency coordination and con3 tributions in the execution of the National Secu4 rity Strategy and particularly specific oper5 ational objectives undertaken pursuant to that 

6 strategy. 

7 (D) To make recommendations to the Sec8 retary of Defense on changes to existing Depart9 ment of Defense regulations or laws to improve 

10 the interagency process. 

11 (E) To serve as the coordinator for all plan12 ning and training assistance that is— 

13 (i) designed to improve the interagency 

14 process or the capabilities of other agencies 

15 to work with the Department of Defense; 

16 and 

17 (ii) provided by the Department of De18 fense at the request of other agencies. 

19 (F) To serve as the lead official in Depart20 ment of Defense for the development of deployable 

21 joint interagency task forces. 

22 (c) FACTORS TO BE CONSIDERED.—In drafting the 

23 plan, the Secretary of Defense shall also consider the fol24 lowing factors: 

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1 (1) How the official assigned under subsection 

2 (b)(1) shall provide input to the Secretary of Defense 

3 on an ongoing basis on how to incorporate the need 

4 to coordinate with other agencies into the establish5 ment and reform of combatant commands. 

6 (2) How such official shall develop and make 

7 recommendations to the Secretary of Defense on a reg8 ular or an ongoing basis on changes to military and 

9 civilian personnel to improve interagency coordina10 tion. 

11 (3) How such official shall work with the com12 batant command that has the mission for joint 

13 warfighting experimentation and other interested 

14 agencies to develop exercises to test and validate inter15 agency planning and capabilities. 

16 (4) How such official shall lead, coordinate, or 

17 participate in after-action reviews of operations, tests, 

18 and exercises to capture lessons learned regarding the 

19 functioning of the interagency process and how those 

20 lessons learned will be disseminated. 

21 (5) The role of such official in ensuring that fu22 ture defense planning guidance takes into account the 

23 capabilities and needs of other agencies. 

24 (d) RECOMMENDATION ON CHANGES IN LAW.—The 

25 Secretary of Defense may submit with the plan or with any 

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1 future budget submissions recommendations for any 

2 changes to law that are required to enhance the ability of 

3 the official assigned under subsection (b)(1) in the Depart4 ment of Defense to coordinate defense interagency efforts or 

5 to improve the ability of the Department of Defense to work 

6 with other agencies. 

7 (e) ANNUAL REPORT.—If an official is named by the 

8 Secretary of Defense under subsection (b)(1), the official 

9 shall annually submit to Congress a report, beginning in 

10 the fiscal year following the naming of the official, on those 

11 actions taken by the Department of Defense to enhance na12 tional security interagency coordination, the views of the 

13 Department of Defense on efforts and challenges in improv14 ing the ability of agencies to work together, and suggestions 

15 on changes needed to laws or regulations that would en16 hance the coordination of efforts of agencies. 

17 (f) DEFINITION.—In this section, the term ‘‘inter18 agency coordination’’, within the context of Department of 

19 Defense involvement, means the coordination that occurs be20 tween elements of the Department of Defense and engaged 

21 Federal Government agencies for the purpose of achieving 

22 an objective. 

23 (g) CONSTRUCTION.—Nothing in this provision shall 

24 be construed as preventing the Secretary of Defense from 

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1 section (b) before the submission of the report required 

2 under this section. 

3 SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE 

4 UNDER SERVICE AGREEMENTS UNDER NA5 TIONAL SECURITY EDUCATION PROGRAM. 

6 Paragraph (2) of subsection (b) of section 802 of the 

7 David L. Boren National Security Education Act of 1991 

8 (50 U.S.C. 1902), as most recently amended by section 945 

9 of the John Warner National Defense Authorization Act for 

10 Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2367), 

11 is amended— 

12 (1) in subparagraph (A)— 

13 (A) in clause (i) by striking ‘‘or’’ at the 

14 end; and 

15 (B) by adding at the end the following: 

16 ‘‘(iii) for not less than one academic 

17 year in a position in the field of education 

18 in a discipline related to the study sup19 ported by the program if the recipient dem20 onstrates to the Secretary of Defense that no 

21 position is available in the departments, 

22 agencies, and offices covered by clauses (i) 

23 and (ii); or’’; and 

24 (2) in subparagraph (B)— 

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1 (A) in clause (i) by striking ‘‘or’’ at the 

2 end; 

3 (B) in clause (ii) by striking ‘‘and’’ at the 

4 end and inserting ‘‘or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(iii) for not less than one academic 

7 year in a position in the field of education 

8 in a discipline related to the study sup9 ported by the program if the recipient dem10 onstrates to the Secretary of Defense that no 

11 position is available in the departments, 

12 agencies, and offices covered by clauses (i) 

13 and (ii); and’’. 

14 SEC. 954. STUDY OF NATIONAL SECURITY INTERAGENCY 

15 SYSTEM. 

16 (a) STUDY REQUIRED.—The Secretary of Defense may 

17 enter into an agreement with an independent, nonprofit, 

18 nonpartisan organization to conduct a study on the na19 tional security interagency system. 

20 (b) REPORT.—The agreement entered into under sub21 section (a) shall require the organization to submit to Con22 gress and the President a report containing the results of 

23 the study conducted pursuant to such agreement and any 

24 recommendations for changes to the national security inter25 agency system (including legislative or regulatory changes). 

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1 (c) SUBMISSION DATE.—The agreement entered into 

2 under subsection (a) shall require the organization to sub3 mit the report required under subsection (b) not later than 

4 180 days after the date on which the Secretary makes funds 

5 appropriated pursuant to section 301(5) available to the or6 ganization. 

7 (d) NATIONAL SECURITY INTERAGENCY SYSTEM DE8 FINED.—In this section, the term ‘‘national security inter9 agency system’’ means the structures, mechanisms, and 

10 processes by which the departments, agencies, and elements 

11 of the Federal Government that have national security mis12 sions integrate their policies, capabilities, expertise, and ac13 tivities to accomplish such missions. 

14 (e) FUNDING.—Of the amounts authorized to be appro15 priated by section 301(5), not more than $4,000,000 shall 

16 be available to carry out this section. 

17 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 

year 2008. 

Subtitle B—Policy Relating to Vessels and Shipyards 

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

Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

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Subtitle D—Reports 

Sec. 1031. Extension and modification of report relating to hardened and deeply 

buried targets. 

Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device 

Defeat Organization. 

Sec. 1033. Report on a national joint modeling and simulation development 

strategy. 

Subtitle E—Other Matters 

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

Sec. 1042. Support by National Guard for national special security events and 

other critical national security activities. 

Sec. 1043. Improved authority to provide rewards for assistance in combating 

terrorism. 

Sec. 1044. Revision of proficiency flying definition. 

Sec. 1045. Support for non-Federal development and testing of material for chemical agent defense. 

Sec. 1046. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1047. Technical and clerical amendments. 

Sec. 1048. Repeal of certification requirement. 

Sec. 1049. Prohibition on sale by Department of Defense of parts for F–14 fighter 

aircraft. 

Sec. 1050. Maintenance of capability for space-based nuclear detection. 

Sec. 1051. Additional weapons of mass destruction civil support teams. 

Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm selfpropelled howitzer. 

Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo 

Bay, Cuba. 

Sec. 1054. Repeal of provisions in section 1076 of Public Law 109–364 relating 

to use of Armed Forces in major public emergencies. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2008 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of aumstockstill on PROD1PC66 with BILLS

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1 thorizations so transferred shall be merged with and 

2 be available for the same purposes as the authoriza3 tion to which transferred. 

4 (2) LIMITATION.—The total amount of author5 izations that the Secretary may transfer under the 

6 authority of this section may not exceed 

7 $4,500,000,000. 

8 (b) LIMITATIONS.—The authority provided by this sec9 tion to transfer authorizations— 

10 (1) may only be used to provide authority for 

11 items that have a higher priority than the items from 

12 which authority is transferred; and 

13 (2) may not be used to provide authority for an 

14 item that has been denied authorization by Congress. 

15 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans16 fer made from one account to another under the authority 

17 of this section shall be deemed to increase the amount au18 thorized for the account to which the amount is transferred 

19 by an amount equal to the amount transferred. 

20 (d) NOTICE TO CONGRESS.—The Secretary shall 

21 promptly notify Congress of each transfer made under sub22 section (a). 

23 (e) PROHIBITION ON TRANSFERS FROM GUARD AND

24 RESERVE ACCOUNTS.—Funds authorized in this division 

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1 ponents of the Armed Forces may not be a source of funds 

2 for transfer to a different account other than another ac3 count of the National Guard or other reserve component. 

4 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM5 MON-FUNDED BUDGETS IN FISCAL YEAR 2008. 

6 (a) FISCAL YEAR 2008 LIMITATION.—The total 

7 amount contributed by the Secretary of Defense in fiscal 

8 year 2008 for the common-funded budgets of NATO may 

9 be any amount up to, but not in excess of, the amount speci10 fied in subsection (b) (rather than the maximum amount 

11 that would otherwise be applicable to those contributions 

12 under the fiscal year 1998 baseline limitation). 

13 (b) TOTAL AMOUNT.—The amount of the limitation 

14 applicable under subsection (a) is the sum of the following: 

15 (1) The amounts of unexpended balances, as of 

16 the end of fiscal year 2007, of funds appropriated for 

17 fiscal years before fiscal year 2008 for payments for 

18 those budgets. 

19 (2) The amount specified in subsection (c)(1). 

20 (3) The amount specified in subsection (c)(2). 

21 (4) The total amount of the contributions author22 ized to be made under section 2501. 

23 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

24 be appropriated by titles II and III of this Act are available 

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1 for contributions for the common-funded budgets of NATO 

2 as follows: 

3 (1) Of the amount provided in section 201(1), 

4 $1,031,000 for the Civil Budget. 

5 (2) Of the amount provided in section 301(1), 

6 $362,159,000 for the Military Budget. 

7 (d) DEFINITIONS.—For purposes of this section: 

8 (1) COMMON-FUNDED BUDGETS OF NATO.—The 

9 term ‘‘common-funded budgets of NATO’’ means the 

10 Military Budget, the Security Investment Program, 

11 and the Civil Budget of the North Atlantic Treaty Or12 ganization (and any successor or additional account 

13 or program of NATO). 

14 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

15 The term ‘‘fiscal year 1998 baseline limitation’’ 

16 means the maximum annual amount of Department 

17 of Defense contributions for common-funded budgets of 

18 NATO that is set forth as the annual limitation in 

19 section 3(2)(C)(ii) of the resolution of the Senate giv20 ing the advice and consent of the Senate to the ratifi21 cation of the Protocols to the North Atlantic Treaty 

22 of 1949 on the Accession of Poland, Hungary, and the 

23 Czech Republic (as defined in section 4(7) of that res24 olution), approved by the Senate on April 30, 1998. 

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1 Subtitle B—Policy Relating to 

2 Vessels and Shipyards 

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

4 VESSELS. 

5 (a) IN GENERAL.— 

6 (1) CONTRACTS FOR LEASES FOR MORE THAN 24

7 MONTHS.—Chapter 141 of title 10, United States 

8 Code, is amended by inserting after section 2401a the 

9 following new section: 

10 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

11 ‘‘(a) LIMITATION.—The Secretary of a military de12 partment may not make a contract for a lease or charter 

13 of a vessel for a term of more than 24 months (including 

14 all options to renew or extend the contract) if the hull, or 

15 a component of the hull and superstructure of the vessel, 

16 is constructed in a foreign shipyard. 

17 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY

18 INTEREST.—(1) The President may authorize exceptions to 

19 the limitation in subsection (a) when the President deter20 mines that it is in the national security interest of the 

21 United States to do so. 

22 ‘‘(2) The President shall transmit notice to Congress 

23 of any such determination, and no contract may be made 

24 pursuant to the exception authorized until the end of the 

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1 30-day period beginning on the date on which the notice 

2 of the determination is received by Congress.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 inserting after the item relating to section 2401a the 

6 following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

7 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

8 United States Code, as added by subsection (a), shall apply 

9 with respect to contracts entered into after the date of the 

10 enactment of this Act. 

11 SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VES12 SELS OF THE STRIKE FORCES OF THE UNITED 

13 STATES NAVY. 

14 (a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is 

15 the policy of the United States to construct the major com16 batant vessels of the strike forces of the United States Navy, 

17 including all new classes of such vessels, with integrated nu18 clear power systems. 

19 (b) REQUIREMENT TO REQUEST NUCLEAR VESSELS.— 

20 If a request is submitted to Congress in the budget for a 

21 fiscal year for construction of a new class of major combat22 ant vessel for the strike forces of the United States, the re23 quest shall be for such a vessel with an integrated nuclear 

24 power system, unless the Secretary of Defense submits with 

25 the request a notification to Congress that the inclusion of 

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1 an integrated nuclear power system in such vessel is not 

2 in the national interest. 

3 (c) DEFINITIONS.—In this section: 

4 (1) MAJOR COMBATANT VESSELS OF THE STRIKE

5 FORCES OF THE UNITED STATES NAVY.—The term 

6 ‘‘major combatant vessels of the strike forces of the 

7 United States Navy’’ means the following: 

8 (A) Submarines. 

9 (B) Aircraft carriers. 

10 (C) Cruisers, battleships, or other large sur11 face combatants whose primary mission includes 

12 protection of carrier strike groups, expeditionary 

13 strike groups, and vessels comprising a sea base. 

14 (2) INTEGRATED NUCLEAR POWER SYSTEM.—The 

15 term ‘‘integrated nuclear power system’’ means a ship 

16 engineering system that uses a naval nuclear reactor 

17 as its energy source and generates sufficient electric 

18 energy to provide power to the ship’s electrical loads, 

19 including its combat systems and propulsion motors. 

20 (3) BUDGET.—The term ‘‘budget’’ means the 

21 budget that is submitted to Congress by the President 

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

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1 Subtitle C—Counter-Drug Activities 

2 SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK 

3 FORCES TO PROVIDE SUPPORT TO LAW EN4 FORCEMENT AGENCIES CONDUCTING 

5 COUNTER-TERRORISM ACTIVITIES. 

6 Section 1022(b) of the National Defense Authorization 

7 Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

8 371 note) is amended by striking ‘‘and 2007’’ and inserting 

9 ‘‘through 2008’’. 

10 Subtitle D—Reports 

11 SEC. 1031. EXTENSION AND MODIFICATION OF REPORT RE12 LATING TO HARDENED AND DEEPLY BURIED 

13 TARGETS. 

14 Section 1032 of the Bob Stump National Defense Au15 thorization Act for Fiscal Year 2003 (Public Law 107-314; 

16 116 Stat. 2643; 10 U.S.C. 2358 note) is amended— 

17 (1) in the heading, by striking ‘‘ANNUAL RE18 PORT ON WEAPONS’’ and inserting ‘‘REPORT ON

19 CAPABILITIES’’; 

20 (2) in subsection (a)— 

21 (A) in the heading, by striking ‘‘ANNUAL’’; 

22 (B) by striking ‘‘April 1 of each year’’ and 

23 inserting ‘‘March 1, 2009, and every two years 

24 thereafter,’’; 

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1 (C) by striking ‘‘Director of Central Intel2 ligence’’ and inserting ‘‘Director of National In3 telligence’’; 

4 (D) by striking ‘‘the preceding fiscal year’’ 

5 and inserting ‘‘the preceding two fiscal years 

6 and planned for the current fiscal year and the 

7 next fiscal year’’; and 

8 (E) by striking ‘‘to develop weapons’’ and 

9 inserting ‘‘to develop capabilities’’; 

10 (3) in subsection (b)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘The report for a fiscal year’’ and 

13 inserting ‘‘A report submitted’’; 

14 (B) in paragraph (1), by striking ‘‘were un15 dertaken during that fiscal year’’ and inserting 

16 ‘‘were or will be undertaken during the four-fis17 cal-year period covered by the report’’; and 

18 (C) in paragraph (2) in the matter pre19 ceding subparagraph (A), by striking ‘‘were un20 dertaken during such fiscal year’’ and inserting 

21 ‘‘were or will be undertaken during the four-fis22 cal-year period covered by the report’’; and 

23 (4) in subsection (d), by striking ‘‘April 1, 2007’’ 

24 and inserting ‘‘March 1, 2013’’. 

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1 SEC. 1032. COMPTROLLER GENERAL REVIEW OF THE JOINT 

2 IMPROVISED EXPLOSIVE DEVICE DEFEAT OR3 GANIZATION. 

4 (a) EVALUATION REQUIRED.—The Comptroller Gen5 eral of the United States shall conduct a review of the Joint 

6 Improvised Explosive Device Defeat Organization and its 

7 activities. 

8 (b) ANALYSES REQUIRED.—The review required by 

9 subsection (a) shall include an analysis of each of the fol10 lowing: 

11 (1) The appropriateness and efficacy of the ef12 forts of the Organization to achieve its mission, in13 cluding strategy, plans, technologies developed, and 

14 programs funded. 

15 (2) The process used by the Organization to se16 lect appropriate and effective technologies and other 

17 solutions to achieve its mission. 

18 (3) The ability of the Organization to respond to 

19 rapidly changing threats and to anticipate future 

20 threats. 

21 (4) The performance of the Organization in lead22 ing, advocating, and coordinating all of the activities 

23 of the Department of Defense to defeat improvised ex24 plosive devices and an assessment of the Organiza25 tion’s authority to do so. 

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1 (5) The appropriateness of the staff of the Orga2 nization, including the number, qualifications, and 

3 functions of the personnel of the Organization and the 

4 use of contractors in the Organization. 

5 (6) The efforts of the Organization to target 

6 enemy networks and how the Organization is 

7 leveraging and coordinating such efforts with the ef8 forts of other elements of the Department, and other 

9 elements of the United States Government, that are 

10 also targeting enemy networks. 

11 (7) The feedback from the warfighter with respect 

12 to the efforts of the Organization. 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Comptroller General shall 

15 submit to the congressional defense committees a report on 

16 the results of the review required by subsection (a). The re17 port shall contain a summary of the findings of the review. 

18 SEC. 1033. REPORT ON A NATIONAL JOINT MODELING AND 

19 SIMULATION DEVELOPMENT STRATEGY. 

20 (a) REPORT REQUIRED.—The Secretary of Defense 

21 shall submit to the congressional defense committees a re22 port that would provide for the development and implemen23 tation of a joint modeling and simulation concept to sup24 port the full spectrum of Department of Defense modeling 

25 and simulation requirements and that outlines a plan that 

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1 details the Department’s modeling and simulation coordi2 nation efforts. Such a plan shall— 

3 (1) identify the unique modeling and simulation 

4 capabilities of the components of the Department and 

5 the Combatant Commands; 

6 (2) identify incentives to reduce duplicative mod7 eling and simulation capabilities of the components of 

8 the Department and the Combatant Commands and 

9 recommend capabilities to be divested where such du10 plication is not necessary; 

11 (3) recommend capabilities to be leveraged from 

12 within other Federal agencies, national laboratories, 

13 State and local governments, academia, private in14 dustry, and United States and international stand15 ards organizations; and 

16 (4) be capable of supporting joint training, ex17 perimentation, systems acquisition, test and evalua18 tion, assessment, and planning. 

19 (b) SUBMISSION OF REPORT.—Not later than nine 

20 months after the date of the enactment of this Act, the Sec21 retary shall submit the report under subsection (a). 

22 (c) MATTERS TO BE INCLUDED.—The report under 

23 subsection (a) shall include the following: 

24 (1) An identification and description of the types 

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1 tion, test and evaluation, assessment, and planning 

2 that would be conducted using such a joint capability, 

3 together with a description of how such a joint capa4 bility would enhance accomplishment of the four pri5 orities as focus of the 2006 Quadrennial Defense Re6 view (QDR) Report of the Secretary of Defense issued 

7 on February 6, 2006. 

8 (2) A discussion of how establishment of such a 

9 joint capability would promote modeling and simula10 tion innovation and transformation throughout the 

11 Department of Defense to improve operational capa12 bilities and enhance national security. 

13 (3) A methodology, framework, and options that 

14 include consideration of leveraging existing capabili15 ties that would accommodate requirements among all 

16 the Armed Forces, including common infrastructure 

17 and data. 

18 (4) A management plan for coordinating between 

19 functional and organizational stakeholders, as well as 

20 a plan to continuously introduce new modeling and 

21 simulation technologies and divest outdated capabili22 ties. 

23 (5) Options to allow non-defense users to access 

24 such a modeling and simulation capability, as appromstockstill on PROD1PC66 with BILLS

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1 priate, for homeland security and consequence man2 agement for Federal, State, and local requirements. 

3 (6) Cost estimates and resource requirements to 

4 establish and maintain such a strategy, including es5 timates of costs and resource requirements for the use 

6 of government civilian and military, and contract 

7 personnel for the performance of management, oper8 ational, and logistics activities for such a capability. 

9 (7) An explanation of the relationship between 

10 and among such a capability and the Office of the 

11 Secretary of Defense, the Joint Staff, the military de12 partments, commanders of combatant commands, 

13 Federal agencies, national laboratories, State and 

14 local governments, academia, private industry, 

15 United States and international standards organiza16 tions, and international partners with responsibility 

17 to use modeling and simulation to meet their mission. 

18 (8) A timeline for the establishment of such a ca19 pability and for such a capability to achieve— 

20 (A) initial operational capability; and 

21 (B) full operational capability. 

22 (9) At least two alternative modeling and sim23 ulation coordination plans, including a Joint Mod24 eling and Simulation Development Strategy, provided 

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1 section (a) and subsection (c), excluding subsection 

2 (c)(8), and provided that such reports were submitted 

3 to the Secretary by a commander of a Unified Com4 batant Command or Service Chief. 

5 Subtitle E—Other Matters 

6 SEC. 1041. ENHANCEMENT OF CORROSION CONTROL AND 

7 PREVENTION FUNCTIONS WITHIN DEPART8 MENT OF DEFENSE. 

9 (a) OFFICE OF CORROSION POLICY AND OVERSIGHT.— 

10 (1) Section 2228 of title 10, United States Code, is amended 

11 by striking the section heading and subsection (a) and in12 serting the following: 

13 ‘‘§ 2228. Office of Corrosion Policy and Oversight 

14 ‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office 

15 of Corrosion Policy and Oversight within the Office of the 

16 Under Secretary of Defense for Acquisition, Technology, 

17 and Logistics. 

18 ‘‘(2) The Office shall be headed by a Director of Corro19 sion Policy and Oversight, who shall be assigned to such 

20 position by the Under Secretary from among civilian em21 ployees of the Department of Defense with the qualifications 

22 described in paragraph (3). The Director is responsible in 

23 the Department of Defense to the Secretary of Defense (after 

24 the Under Secretary of Defense for Acquisition, Technology, 

25 and Logistics) for the prevention and mitigation of corromstockstill on PROD1PC66 with BILLS

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1 sion of the military equipment and infrastructure of the 

2 Department of Defense. The Director shall report directly 

3 to the Under Secretary. 

4 ‘‘(3) In order to qualify to be assigned to the position 

5 of Director, an individual shall— 

6 ‘‘(A) have management expertise in, and profes7 sional experience with, corrosion project and policy 

8 implementation, including an understanding of the 

9 effects of corrosion policies on infrastructure; research, 

10 development, test, and evaluation; and maintenance; 

11 and 

12 ‘‘(B) have an understanding of Department of 

13 Defense budget formulation and execution, policy for14 mulation, and planning and program requirements. 

15 ‘‘(4) The Secretary of Defense shall designate the posi16 tion of Director as a critical acquisition position under sec17 tion 1733(b)(1)(C) of this title.’’. 

18 (2) Section 2228(b) of such title is amended— 

19 (A) in paragraph (1), by striking ‘‘official or or20 ganization designated under subsection (a)’’ and in21 serting ‘‘Director of Corrosion Policy and Oversight 

22 (in this section referred to as the ‘Director’)’’; and 

23 (B) in paragraphs (2), (3), (4), and (5), by 

24 striking ‘‘designated official or organization’’ and in25 serting ‘‘Director’’. 

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1 (b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF2 FICE.—Section 2228 of such title is further amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (d) and (f), respectively; and 

5 (2) by inserting after subsection (b) the following 

6 new subsection: 

7 ‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.—The 

8 Director is authorized to— 

9 ‘‘(1) develop, update, and coordinate corrosion 

10 training with the Defense Acquisition University; 

11 ‘‘(2) participate in the process within the De12 partment of Defense for the development of relevant 

13 directives and instructions; and 

14 ‘‘(3) interact directly with the corrosion preven15 tion industry, trade associations, and scientific orga16 nizations engaged in corrosion prevention, including 

17 the National Academy of Sciences.’’. 

18 (c) REPORT REQUIREMENT.—Section 2228 of such 

19 title is further amended by inserting after subsection (d) 

20 (as redesignated by subsection (b)) the following new sub21 section: 

22 ‘‘(e) REPORT.—(1) For each budget for a fiscal year, 

23 beginning with the budget for fiscal year 2009, the Sec24 retary of Defense shall submit, with the defense budget ma25 terials, a report on the following: 

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1 ‘‘(A) Funding requirements for the long-term 

2 strategy developed under subsection (d). 

3 ‘‘(B) The return on investment that would be 

4 achieved by implementing the strategy. 

5 ‘‘(C) The funds requested in the budget compared 

6 to the funding requirements. 

7 ‘‘(D) A justification if the funding requirements 

8 are not fully funded in the budget. 

9 ‘‘(2) Within 60 days after submission of the budget for 

10 a fiscal year, the Comptroller General shall provide to the 

11 congressional defense committees— 

12 ‘‘(A) an analysis of the budget submission for corrosion 

13 control and prevention by the Department of Defense; and 

14 ‘‘(B) an analysis of the report required under para15 graph (1).’’. 

16 (d) DEFINITIONS.—Subsection (f) of section 2228 of 

17 such title, as redesignated by subsection (b), is amended by 

18 adding at the end the following new paragraphs: 

19 ‘‘(4) The term ‘budget’, with respect to a fiscal 

20 year, means the budget for that fiscal year that is 

21 submitted to Congress by the President under section 

22 1105(a) of title 31. 

23 ‘‘(5) The term ‘defense budget materials’, with 

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1 mitted to Congress by the Secretary of Defense in sup2 port of the budget for that fiscal year.’’. 

3 SEC. 1042. SUPPORT BY NATIONAL GUARD FOR NATIONAL 

4 SPECIAL SECURITY EVENTS AND OTHER 

5 CRITICAL NATIONAL SECURITY ACTIVITIES. 

6 (a) IN GENERAL.—Chapter 1 of title 32, United States 

7 Code, is amended by adding at the end the following new 

8 section: 

9 ‘‘§ 116. Defense support of civil authorities 

10 ‘‘(a) IN GENERAL.—At the request of a Federal depart11 ment or agency head in accordance with this section, and 

12 when authorized by the Secretary of Defense, the Governor 

13 of a State may employ under this title units or members 

14 of the National Guard of that State to provide defense sup15 port of civil authorities to the requesting Federal depart16 ment or agency. 

17 ‘‘(b) ACTIVITIES INCLUDED IN DEFENSE SUPPORT OF

18 CIVIL AUTHORITIES.—Defense support of civil authorities 

19 activities authorized by subsection (a) include support pro20 vided for national special security events and other activi21 ties determined by the Secretary of Defense as being critical 

22 to national security, including— 

23 ‘‘(1) ground reconnaissance activities; 

24 ‘‘(2) airborne reconnaissance activities; 

25 ‘‘(3) logistical support; 

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1 ‘‘(4) emergency medical assistance and services; 

2 ‘‘(5) communications services; 

3 ‘‘(6) security assistance and services; and 

4 ‘‘(7) air and ground transportation. 

5 ‘‘(c) REIMBURSEMENT.—(1) Subject to the exceptions 

6 in paragraph (3), the costs incurred by the National Guard 

7 shall be reimbursed to the Department of Defense from the 

8 appropriations available to the Federal department or 

9 agency to which the support is provided. The reimburse10 ment shall include the costs of— 

11 ‘‘(A) the pay, allowances, clothing, subsistence, 

12 gratuities, travel, and related expenses of personnel of 

13 the National Guard of that State; 

14 ‘‘(B) the operation and maintenance of the 

15 equipment and facilities of the National Guard of 

16 that State; and 

17 ‘‘(C) the procurement of services and equipment, 

18 and the leasing of equipment, for the National Guard 

19 of that State. 

20 ‘‘(2) Any funds received by the Department of Defense 

21 as reimbursement for support provided by units or members 

22 of the National Guard under this section shall be credited, 

23 at the option of the Secretary of Defense, to— 

24 ‘‘(A) the appropriation, fund, or account from 

25 which funds were expended for the support; or 

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1 ‘‘(B) the appropriate appropriation, fund, or ac2 count currently available for such purpose. 

3 ‘‘(3) A Federal department or agency to which support 

4 is provided under this section is not required to reimburse 

5 the Department of Defense for such support if the Secretary 

6 of Defense waives reimbursement. The Secretary of Defense 

7 may waive the reimbursement requirement under this sec8 tion if— 

9 ‘‘(A) the support is provided in the normal 

10 course of military training or operations; or 

11 ‘‘(B) the support provided results in a benefit to 

12 units or members of the National Guard providing 

13 the support that is substantially equivalent to that 

14 which would otherwise be obtained from military op15 erations or training. 

16 ‘‘(d) REQUIREMENTS FOR REQUESTS.—Requests for 

17 assistance from Federal departments or agencies under this 

18 section shall be submitted to the Secretary of Defense. Any 

19 such request shall include the following: 

20 ‘‘(1) The specific support capability requested. 

21 ‘‘(2) The duration of the requested support ac22 tivities. 

23 ‘‘(3) A certification that the requested support 

24 activities will be fully reimbursable. 

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1 ‘‘(4) A certification from the Governor of the 

2 State concerned that the requested support will be 

3 provided at a time when the personnel involved are 

4 not in Federal service. 

5 ‘‘(e) CHARACTERIZATION OF SERVICE.—All duty per6 formed under this section shall be considered to be full-time 

7 National Guard duty under section 502(f) of this title. 

8 ‘‘(f) DURATION OF SUPPORT.—The period for which 

9 support may be provided to a Federal department or agency 

10 under this section shall be limited to 180 days. When re11 quested by the head of a Federal department or agency, the 

12 Secretary of Defense may, with the concurrence of the Gov13 ernor of the State concerned, extend the period of time for 

14 an additional 90 days to meet extraordinary circumstances. 

15 ‘‘(g) TRAINING AND BENEFITS.—(1) A member of the 

16 National Guard performing duty under this section shall, 

17 in addition to performing such duty, participate in the 

18 training required under section 502(a) of this title. The 

19 pay, allowances, and other benefits of the member while 

20 participating in the training shall be the same as those to 

21 which the member is entitled while performing the duty 

22 under this section. The member is not entitled to additional 

23 pay, allowances, or other benefits for participation in train24 ing required under section 502(a)(1) of this title. 

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1 ‘‘(2) To ensure that the use of units and personnel of 

2 the National Guard of a State for activities specified in 

3 subsection (b) does not degrade the training and readiness 

4 of such units and personnel, the following requirements 

5 shall apply in determining the activities that units and per6 sonnel of the National Guard of a State may perform: 

7 ‘‘(A) The performance of the activities may not 

8 affect adversely the quality of that training or other9 wise interfere with the ability of a member or unit of 

10 the National Guard to perform the military functions 

11 of the member or unit. 

12 ‘‘(B) The performance of the activities may not 

13 degrade the military skills of the members of the Na14 tional Guard performing those activities. 

15 ‘‘(h) LIMITATION ON PROVISION OF SUPPORT ACTIVI16 TIES.—Defense support of civil authorities activities con17 ducted under authority of this section may not be provided 

18 if the provision of such support will affect adversely the 

19 military preparedness of the United States. 

20 ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.—Noth21 ing in this section shall be construed as a limitation on 

22 the authority of any unit of the National Guard of a State, 

23 when such unit is not in Federal service, to perform func24 tions authorized to be performed by the National Guard by 

25 the laws of the State concerned. 

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1 ‘‘(j) DEFINITIONS.—For purposes of this section: 

2 ‘‘(1) The term ‘State’ means each of the several 

3 States, the District of Columbia, the Commonwealth 

4 of Puerto Rico, or a territory or possession of the 

5 United States. 

6 ‘‘(2) The term ‘national special security event’ 

7 means an event designated as such as authorized by 

8 the President that, by virtue of its political, economic, 

9 social, or religious significance, may be the target of 

10 terrorism or other criminal activity.’’. 

11 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

12 (1) The table of sections at the beginning of such 

13 chapter is amended by adding at the end the fol14 lowing new item: 

‘‘116. Defense support of civil authorities.’’. 

15 (2) Section 115(i)(13) of title 10, United States 

16 Code, is amended by inserting ‘‘or defense support of 

17 civil authorities under section 116 of such title’’ after 

18 ‘‘title 32’’. 

19 SEC. 1043. IMPROVED AUTHORITY TO PROVIDE REWARDS 

20 FOR ASSISTANCE IN COMBATING TERRORISM. 

21 (a) INCREASED AMOUNTS.—Section 127b of title 10, 

22 United States Code, is amended— 

23 (1) in subsection (b), by striking ‘‘$200,000’’ and 

24 inserting ‘‘$5,000,000’’; 

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1 (2) in subsection (c)(1)(B), by striking 

2 ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 

3 (3) in subsection (d)(2), by striking ‘‘$100,000’’ 

4 and inserting ‘‘$2,000,000’’. 

5 (b) INVOLVEMENT OF ALLIED FORCES.—Such section 

6 is further amended— 

7 (1) in subsection (a)— 

8 (A) in the matter preceding paragraph (1), 

9 by inserting after ‘‘United States Government 

10 personnel’’ the following: ‘‘, or government per11 sonnel of allied forces participating in a com12 bined operation with the armed forces,’’; 

13 (B) in paragraph (1), by inserting after 

14 ‘‘armed forces’’ the following: ‘‘, or of allied 

15 forces participating in a combined operation 

16 with the armed forces,’’; and 

17 (C) in paragraph (2), by inserting after 

18 ‘‘armed forces’’ the following: ‘‘, or of allied 

19 forces participating in a combined operation 

20 with the armed forces’’; and 

21 (2) in subsection (c), by adding at the end the 

22 following: 

23 ‘‘(3)(A) Subject to subparagraphs (B) and (C), an offi24 cial who has authority delegated under paragraph (1) or 

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1 (2) may use that authority, acting through government per2 sonnel of allied forces, to offer and make rewards. 

3 ‘‘(B) The Secretary of Defense shall prescribe policies 

4 and procedures for making rewards in the manner described 

5 in subparagraph (A), which shall include guidance for the 

6 accountability of funds used for making rewards in that 

7 manner. The policies and procedures shall not take effect 

8 until 30 days after the date on which the Secretary submits 

9 the policies and procedures to the congressional defense com10 mittees. Rewards may not be made in the manner described 

11 in subparagraph (A) except under policies and procedures 

12 that have taken effect. 

13 ‘‘(C) Rewards may not be made in the manner de14 scribed in subparagraph (A) after September 30, 2010. 

15 ‘‘(D) Not later than April 1, 2008, the Secretary of 

16 Defense shall submit to the congressional defense committees 

17 a report on the implementation of this paragraph. The re18 port shall identify each reward made in the manner de19 scribed in subparagraph (A) and, for each such reward— 

20 ‘‘(i) identify the type, amount, and recipient of 

21 the reward; 

22 ‘‘(ii) explain the reason for making the reward; 

23 and 

24 ‘‘(iii) assess the success of the reward in advanc25 ing the effort to combat terrorism.’’. 

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1 (c) ANNUAL REPORT TO INCLUDE SPECIFIC INFORMA2 TION ON ADDITIONAL AUTHORITY.—Section 127b of title 

3 10, United States Code, is further amended in subsection 

4 (f)(2) by adding at the end the following new subparagraph: 

5 ‘‘(D) Information on the implementation of 

6 paragraph (3) of subsection (c).’’. 

7 SEC. 1044. REVISION OF PROFICIENCY FLYING DEFINITION. 

8 Subsection (c) of section 2245 of title 10, United States 

9 Code, is amended to read as follows: 

10 ‘‘(c) In this section, the term ‘proficiency flying’ means 

11 flying performed under competent orders by a rated or des12 ignated member of the armed forces while serving in a non13 aviation assignment or in an assignment in which skills 

14 would normally not be maintained in the performance of 

15 assigned duties.’’. 

16 SEC. 1045. SUPPORT FOR NON-FEDERAL DEVELOPMENT 

17 AND TESTING OF MATERIAL FOR CHEMICAL 

18 AGENT DEFENSE. 

19 (a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR

20 PRECURSORS.— 

21 (1) IN GENERAL.—The Secretary of Defense, in 

22 coordination with the heads of other elements of the 

23 Federal Government, may make available, to a State, 

24 a unit of local government, or a private entity incor25 porated in the United States, small quantities of a 

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1 toxic chemical or precursor for the development or 

2 testing, in the United States, of material that is de3 signed to be used for protective purposes. 

4 (2) TERMS AND CONDITIONS.—Any use of the 

5 authority under paragraph (1) shall be subject to such 

6 terms and conditions as the Secretary considers ap7 propriate. 

8 (b) PAYMENT OF COSTS AND DISPOSITION OF

9 FUNDS.— 

10 (1) IN GENERAL.—The Secretary shall ensure, 

11 through the advance payment required by paragraph 

12 (2) and through any other payments that may be re13 quired, that a recipient of toxic chemicals or precur14 sors under subsection (a) pays for all actual costs, in15 cluding direct and indirect costs, associated with pro16 viding the toxic chemicals or precursors. 

17 (2) ADVANCE PAYMENT.—In carrying out para18 graph (1), the Secretary shall require each recipient 

19 to make an advance payment in an amount that the 

20 Secretary determines will equal all such actual costs. 

21 (3) CREDITS.—A payment received under this 

22 subsection shall be credited to the account that was 

23 used to cover the costs for which the payment was 

24 provided. Amounts so credited shall be merged with 

25 amounts in that account, and shall be available for 

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1 the same purposes, and subject to the same conditions 

2 and limitations, as other amounts in that account. 

3 (c) CHEMICAL WEAPONS CONVENTION.—The Secretary 

4 shall ensure that toxic chemicals and precursors are made 

5 available under this section for uses and in quantities that 

6 comply with the Convention on the Prohibition of the Devel7 opment, Production, Stockpiling and Use of Chemical 

8 Weapons and on Their Destruction, signed at Paris on Jan9 uary 13, 1993, and entered into force with respect to the 

10 United States on April 29, 1997. 

11 (d) DEFINITIONS.—In this section, the terms ‘‘pre12 cursor’’, ‘‘protective purposes’’, and ‘‘toxic chemical’’ have 

13 the meanings given those terms in the convention referred 

14 to in subsection (c), in paragraph 2, paragraph 9(b), and 

15 paragraph 1, respectively, of article II of that convention. 

16 SEC. 1046. CONGRESSIONAL COMMISSION ON THE STRA17 TEGIC POSTURE OF THE UNITED STATES. 

18 (a) ESTABLISHMENT.—There is hereby established a 

19 commission to be known as the ‘‘Congressional Commission 

20 on the Strategic Posture of the United States’’. The purpose 

21 of the commission is to examine and make recommenda22 tions with respect to the long-term strategic posture of the 

23 United States. 

24 (b) COMPOSITION.— 

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1 (1) MEMBERSHIP.—The commission shall be 

2 composed of 12 members appointed as follows: 

3 (A) Three by the chairman of the Committee 

4 on Armed Services of the House of Representa5 tives. 

6 (B) Three by the ranking minority member 

7 of the Committee on Armed Services of the House 

8 of Representatives. 

9 (C) Three by the chairman of the Committee 

10 on Armed Services of the Senate. 

11 (D) Three by the ranking minority member 

12 of the Committee on Armed Services of the Sen13 ate. 

14 (2) CHAIRMAN; VICE CHAIRMAN.— 

15 (A) IN GENERAL.—The chairman of the 

16 Committee on Armed Services of the House of 

17 Representatives and the chairman of the Com18 mittee on Armed Services of the Senate shall 

19 jointly designate one member of the commission 

20 to serve as chairman of the commission and one 

21 member to serve as vice chairman. 

22 (B) CONSULTATION.—The designations 

23 under subparagraph (A) shall be made in con24 sultation with the ranking minority members of 

25 the committees described in that subparagraph. 

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1 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

2 Members shall be appointed for the life of the commis3 sion. Any vacancy in the commission shall be filled 

4 in the same manner as the original appointment. 

5 (c) DUTIES.— 

6 (1) REVIEW.—The commission shall conduct a 

7 review of the strategic posture of the United States, 

8 including a strategic threat assessment and a detailed 

9 review of nuclear weapons policy, strategy, and force 

10 structure. 

11 (2) ASSESSMENT AND RECOMMENDATIONS.— 

12 (A) ASSESSMENT.—The commission shall 

13 assess the benefits and risks associated with the 

14 current strategic posture and nuclear weapons 

15 policies of the United States. 

16 (B) RECOMMENDATIONS.—The commission 

17 shall make recommendations as to the most ap18 propriate strategic posture and most effective nu19 clear weapons strategy. 

20 (d) COOPERATION FROM GOVERNMENT.— 

21 (1) COOPERATION.—In carrying out its duties, 

22 the commission shall receive the full and timely co23 operation of the Secretary of Defense, the Secretary of 

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1 ernment official in providing the commission with 

2 analyses, briefings, and other information necessary 

3 for the fulfillment of its responsibilities. 

4 (2) LIAISON.—The Secretary of Defense, the Sec5 retary of Energy, the Secretary of State, and the Di6 rector of National Intelligence shall each designate at 

7 least one officer or employee of the Department of De8 fense, the Department of Energy, the Department of 

9 State, and the intelligence community, respectively, to 

10 serve as a liaison officer between the department (or 

11 the intelligence community, as the case may be) and 

12 the commission. 

13 (e) REPORT.—Not later than December 1, 2008, the 

14 commission shall submit to the President, the Secretary of 

15 Defense, the Secretary of Energy, the Secretary of State, 

16 the Committee on Armed Services of the Senate, and the 

17 Committee on Armed Services of the House of Representa18 tives a report on the commission’s findings, conclusions, 

19 and recommendations. The report shall identify the stra20 tegic posture and nuclear weapons strategy recommended 

21 under subsection (c)(2)(B) and shall include— 

22 (1) the military capabilities and force structure 

23 necessary to support the strategy, including conven24 tional means of providing global strike capabilities; 

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1 (2) the number of nuclear weapons required to 

2 support the strategy, including the number of replace3 ment warheads required, if any; 

4 (3) the appropriate qualitative analysis, includ5 ing force-on-force exchange modeling, to calculate the 

6 effectiveness of the strategy under various scenarios; 

7 (4) the nuclear infrastructure (that is, the size of 

8 the nuclear complex) required to support the strategy; 

9 (5) an assessment of the role of missile defenses 

10 in the strategy; 

11 (6) an assessment of the role of nonproliferation 

12 programs in the strategy; 

13 (7) the political and military implications of the 

14 strategy for the United States and its allies; and 

15 (8) any other information or recommendations 

16 relating to the strategy (or to the strategic posture) 

17 that the commission considers appropriate. 

18 (f) FUNDING.—Of the amounts appropriated or other19 wise made available pursuant to this Act to the Department 

20 of Defense, $5,000,000 is available to fund the activities of 

21 the commission. 

22 (g) TERMINATION.—The commission shall terminate 

23 on June 1, 2009. 

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1 (h) CONFORMING REPEAL.—Section 1051 of the Na2 tional Defense Authorization Act for Fiscal Year 2006 (Pub3 lic Law 109-163; 119 Stat. 3431) is repealed. 

4 SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS. 

5 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

6 United States Code, is amended as follows: 

7 (1) Chapter 3 is amended— 

8 (A) by redesignating the section 127c added 

9 by section 1201(a) of the John Warner National 

10 Defense Authorization Act for Fiscal Year 2007 

11 (Public Law 109–364; 120 Stat. 2410) as section 

12 127d and transferring that section so as to ap13 pear immediately after the section 127c added by 

14 section 1231(a) of the National Defense Author15 ization Act for Fiscal Year 2006 (Public Law 

16 109–163; 119 Stat. 3467); and 

17 (B) by revising the table of sections at the 

18 beginning of such chapter to reflect the redesig19 nation and transfer made by paragraph (1). 

20 (2) Section 629(d)(1) is amended by inserting a 

21 comma after ‘‘(a)’’. 

22 (3) Section 637(b)(3) is amended by striking 

23 ‘‘section 1251(b)’’ and inserting ‘‘section 1253’’. 

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1 (4) Section 662(b) is amended by striking ‘‘para2 graphs (1), (2), and (3) of subsection (a)’’ and insert3 ing ‘‘paragraphs (1) and (2) of subsection (a)’’. 

4 (5) Section 1034(b)(2) is amended by inserting 

5 ‘‘unfavorable’’ before ‘‘action’’ the second place it ap6 pears. 

7 (6) Section 1076b(j) is amended— 

8 (A) by striking ‘‘section 205(9)’’ and insert9 ing ‘‘205(10)’’; and 

10 (B) by striking ‘‘1970)’’ and inserting 

11 ‘‘1970 (title II of Public Law 91–373; 26 U.S.C. 

12 3304 note))’’. 

13 (7) The table of sections at the beginning of 

14 chapter 137 is amended by striking the item relating 

15 to section 2333 and inserting the following new item: 

‘‘2333. Joint policies on requirements definition, contingency program management, and contingency contracting.’’. 

16 (8) The table of sections at the beginning of 

17 chapter 141 is amended by inserting a period at the 

18 end of the item relating to section 2410p. 

19 (9) The table of sections at the beginning of 

20 chapter 152 is amended by inserting a period at the 

21 end of the item relating to section 2567. 

22 (10) Section 2583(e) is amended by striking 

23 ‘‘DOGS’’ and inserting ‘‘ANIMALS’’. 

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1 (11) Section 2668(e) is amended by striking 

2 ‘‘and (d)’’ and inserting ‘‘and (e)’’. 

3 (12) Section 12304(a) is amended by striking the 

4 second period at the end. 

5 (13) Section 14310(d)(1) is amended by insert6 ing a comma after ‘‘(a)’’. 

7 (b) TITLE 37, UNITED STATES CODE.—Section 

8 302c(d)(1) of title 37, United States Code, is amended by 

9 striking ‘‘Services Corps’’ and inserting ‘‘Service Corps’’. 

10 (c) JOHN WARNER NATIONAL DEFENSE AUTHORIZA11 TION ACT FOR FISCAL YEAR 2007.—Effective as of October 

12 17, 2006, and as if included therein as enacted, the John 

13 Warner National Defense Authorization Act for Fiscal Year 

14 2007 (Public Law 109–364) is amended as follows: 

15 (1) Section 333(a) (120 Stat. 2150) is amend16 ed— 

17 (A) by striking ‘‘Section 332(c)’’ and insert18 ing ‘‘Section 332’’; and 

19 (B) in paragraph (1), by inserting ‘‘in sub20 section (c),’’ after ‘‘(1)’’. 

21 (2) Section 348(2) (120 Stat. 2159) is amended 

22 by striking ‘‘60 days of’’ and inserting ‘‘60 days 

23 after’’. 

24 (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is 

25 amended by inserting a comma after ‘‘title’’. 

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1 (4) Section 591(b)(1) (120 Stat. 2233) is amend2 ed by inserting a period after ‘‘this title’’. 

3 (5) Section 606(b)(1)(A) (120 Stat. 2246) is 

4 amended by striking ‘‘in’’ and inserting ‘‘In’’. 

5 (6) Section 670(b) (120 Stat. 2269) is amended 

6 by striking ‘‘such title’’ and inserting ‘‘such chapter’’. 

7 (7) Section 673 (120 Stat. 2271) is amended— 

8 (A) in subsection (a)(1), by inserting ‘‘the 

9 second place it appears’’ before ‘‘and inserting’’; 

10 (B) in subsection (b)(1)— 

11 (i) by striking ‘‘Section’’ and inserting 

12 ‘‘Subsection (a) of section’’; and 

13 (ii) by inserting ‘‘the second place it 

14 appears’’ before ‘‘and inserting’’; and 

15 (C) in subsection (c)(1), by inserting ‘‘the 

16 second place it appears’’ before ‘‘and inserting’’. 

17 (8) Section 842(a)(2) (120 Stat. 2337) is amend18 ed by striking ‘‘adding at the end’’ and inserting ‘‘in19 serting after the item relating to section 2533a’’. 

20 (9) Section 1017(b)(2) (120 Stat. 2379; 10 

21 U.S.C. 2631 note) is amended by striking ‘‘section 

22 27’’ and all that follows through the period at the end 

23 and inserting ‘‘sections 12112 and 50501 and chapter 

24 551 of title 46, United States Code.’’. 

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1 (10) Section 1071(f) (120 Stat. 2402) is amend2 ed by striking ‘‘identical’’ both places it appears. 

3 (11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 

4 2776a(d)) is amended by striking ‘‘note’’. 

5 (12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) 

6 is amended by striking ‘‘2906 of such Act’’ and in7 serting ‘‘2906A of such Act’’. 

8 (13) Section 2831 (120 Stat. 2480) is amend9 ed— 

10 (A) by striking ‘‘Section 2667(d)’’ and in11 serting ‘‘Section 2667(e)’’; and 

12 (B) by inserting ‘‘as redesignated by section 

13 662(b)(1) of this Act,’’ after ‘‘Code,’’. 

14 (d) PUBLIC LAW 109–366.—Effective as of October 17, 

15 2006, and as if included therein as enacted, Public Law 

16 109–366 is amended as follows: 

17 (1) Section 8(a)(3) (120 Stat. 2636) is amended 

18 by inserting a semicolon after ‘‘subsection’’. 

19 (2) Section 9(1) (120 Stat. 2636) is amended by 

20 striking ‘‘No. 1.’’ and inserting ‘‘No. 1,’’. 

21 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

22 FISCAL YEAR 2006.—Effective as of January 6, 2006, and 

23 as if included therein as enacted, the National Defense Au24 thorization Act for Fiscal Year 2006 (Public Law 109–163) 

25 is amended as follows: 

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1 (1) Section 571 (119 Stat. 3270) is amended by 

2 striking ‘‘931 et seq.)’’ and inserting ‘‘921 et seq.)’’. 

3 (2) Section 1052(j) (119 Stat. 3435) is amended 

4 by striking ‘‘Section 1049’’ and inserting ‘‘Section 

5 1409’’. 

6 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

7 FISCAL YEAR 2004.—The National Defense Authorization 

8 Act for Fiscal Year 2004 (Public Law 108–136) is amended 

9 as follows: 

10 (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 

11 1076b note) is amended by striking ‘‘those program’’ 

12 and inserting ‘‘those programs’’. 

13 (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 

14 433 note) is amended by striking ‘‘(A))’’ and insert15 ing ‘‘(A)))’’. 

16 (3) Section 1602(e)(3) (117 Stat. 1683; 10 

17 U.S.C. 2302 note) is amended by inserting ‘‘Security’’ 

18 after ‘‘Health’’. 

19 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 1994.—Section 845(a) of the National De21 fense Authorization Act for Fiscal Year 1994 (10 U.S.C. 

22 2371 note) is amended— 

23 (1) in paragraph (2)(A), by inserting ‘‘Re24 search’’ after ‘‘Defense Advanced’’; and 

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1 (2) in paragraph (3), by inserting ‘‘Research’’ 

2 after ‘‘Defense Advanced’’. 

3 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

4 FISCAL YEAR 1993.—Section 722(a)(1) of the National De5 fense Authorization Act for Fiscal Year 1993 (Public Law 

6 102–484; 10 U.S.C. 1073 note) is amended by striking ‘‘155 

7 Stat.’’ and inserting ‘‘115 Stat.’’. 

8 SEC. 1048. REPEAL OF CERTIFICATION REQUIREMENT. 

9 Section 1063 of the National Defense Authorization 

10 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

11 3445) is repealed. 

12 SEC. 1049. PROHIBITION ON SALE BY DEPARTMENT OF DE13 FENSE OF PARTS FOR F–14 FIGHTER AIR14 CRAFT. 

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

16 (1) The Department of Defense is responsible for 

17 demilitarizing and auctioning off sensitive surplus 

18 United States military equipment. 

19 (2) F–14 ‘‘Tomcat’’ fighter aircraft have recently 

20 been retired, and their parts are being made available 

21 by auction in large quantities. 

22 (3) Iran is the only country, besides the United 

23 States, flying F–14 fighter aircraft and is purchasing 

24 surplus parts for such aircraft from brokers. 

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1 (4) The Government Accountability Office has, 

2 as a result of undercover investigative work, declared 

3 the acquisition of the surplus United States military 

4 equipment, including parts for F–14 fighter aircraft, 

5 to be disturbingly effortless. 

6 (5) Upon the seizure of such sensitive surplus 

7 military equipment being sold to Iran, United States 

8 customs agents have discovered these same items, hav9 ing been resold by the Department of Defense, being 

10 brokered illegally to Iran again. 

11 (6) Iran is pursuing a nuclear weapons capa12 bility, and the Department of State has identified 

13 Iran as the most active state sponsor of terrorism. 

14 (7) Iran continues to provide funding, safe 

15 haven, training, and weapons to known terrorist 

16 groups, including Hizballah, HAMAS, the Palestine 

17 Islamic Jihad, and the Popular Front for the Libera18 tion of Palestine. 

19 (8) The sale of spare parts for F–14 fighter air20 craft could make it more difficult to confront the nu21 clear weapons capability of Iran and would strength22 en the ground war capability of Iran. To prevent 

23 these threats to regional and global security, the sale 

24 of spare parts for F–14 fighter aircraft should be pro25 hibited. 

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1 (b) PROHIBITION ON SALE BY DEPARTMENT OF DE2 FENSE.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law and except as provided in paragraph 

5 (2), the Department of Defense may not sell (whether 

6 directly or indirectly) any parts for F–14 fighter air7 craft, whether through the Defense Reutilization and 

8 Marketing Service or through another agency or ele9 ment of the Department. 

10 (2) EXCEPTION.—Paragraph (1) shall not apply 

11 with respect to the sale of parts for F–14 fighter air12 craft to a museum or similar organization located in 

13 the United States that is involved in the preservation 

14 of F–14 fighter aircraft for historical purposes. 

15 (c) PROHIBITION ON EXPORT LICENSE.—No license for 

16 the export of parts for F–14 fighter aircraft to a non-United 

17 States person or entity may be issued by the United States 

18 Government. 

19 SEC. 1050. MAINTENANCE OF CAPABILITY FOR SPACE20 BASED NUCLEAR DETECTION. 

21 The Secretary of Defense shall maintain the capability 

22 for space-based nuclear detection at a level that meets or 

23 exceeds the level of capability as of the date of the enactment 

24 of this Act. 

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1 SEC. 1051. ADDITIONAL WEAPONS OF MASS DESTRUCTION 

2 CIVIL SUPPORT TEAMS. 

3 Section 1403(a) of the Bob Stump National Defense 

4 Authorization Act for Fiscal Year 2003 (10 U.S.C. 12310 

5 note) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘23’’ and inserting ‘‘25’’; 

8 and 

9 (B) by striking ‘‘55’’ and inserting ‘‘57’’; 

10 and 

11 (2) in paragraph (2), by striking ‘‘55’’ and in12 serting ‘‘57’’. 

13 SEC. 1052. SENSE OF CONGRESS REGARDING NEED TO RE14 PLACE ARMY M109 155MM SELF-PROPELLED 

15 HOWITZER. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Military historians recognize the M109 

18 155mm self-propelled howitzer as a pioneer of the con19 figuration of modern mechanized artillery. 

20 (2) The M109 was first used by the Army in 

21 combat during the Vietnam War. 

22 (3) The Marine Corps also made use of the M109 

23 during the Vietnam War, primarily in defensive ways 

24 similar to the Army. 

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1 (4) The Army adapted the M109 for use during 

2 the Gulf War, adding capability for more lethal 

3 DPICM rounds. 

4 (5) The M109 has most recently demonstrated its 

5 usefulness in Operation Iraqi Freedom, dependably 

6 placing rounds downrange about two minutes after 

7 obtaining its mission. 

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

9 that, while the M109 155mm self-propelled howitzer has 

10 been a dependable military weapon for 40 years and recog11 nizing the budgeting challenges facing the Armed Forces, 

12 the Army— 

13 (1) has not been timely in procuring a replace14 ment for the M109; and 

15 (2) should transition to the NLOS-C as the re16 placement for the M109. 

17 SEC. 1053. SENSE OF CONGRESS REGARDING DETAINEES AT 

18 NAVAL STATION, GUANTANAMO BAY, CUBA. 

19 It is the sense of Congress that— 

20 (1) the Nation extends its gratitude to the mili21 tary personnel who guard and interrogate some of the 

22 world’s most dangerous men every day at Naval Sta23 tion, Guantanamo Bay, Cuba; 

24 (2) the international community, in general, and 

25 in particular, the home countries of the detainees who 

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1 remain in detention despite having been ordered re2 leased by a Department of Defense administrative re3 view board, should work with the Department of De4 fense to facilitate and expedite the repatriation of 

5 such detainees; 

6 (3) detainees at Guantanamo Bay, to the max7 imum extent possible, should be charged and expedi8 tiously prosecuted for crimes committed against the 

9 United States; and 

10 (4) operations at Guantanamo Bay should be 

11 carried out in a way that upholds the national inter12 est and core values of the American people. 

13 SEC. 1054. REPEAL OF PROVISIONS IN SECTION 1076 OF 

14 PUBLIC LAW 109–364 RELATING TO USE OF 

15 ARMED FORCES IN MAJOR PUBLIC EMER16 GENCIES. 

17 (a) INTERFERENCE WITH STATE AND FEDERAL

18 LAWS.— 

19 (1) IN GENERAL.—Section 333 of title 10, 

20 United States Code, is amended to read as follows: 

21 ‘‘§ 333. Interference with State and Federal law 

22 ‘‘The President, by using the militia or the armed 

23 forces, or both, or by any other means, shall take such meas24 ures as he considers necessary to suppress, in a State, any 

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1 insurrection, domestic violence, unlawful combination, or 

2 conspiracy, if it— 

3 ‘‘(1) so hinders the execution of the laws of that 

4 State, and of the United States within the State, that 

5 any part or class of its people is deprived of a right, 

6 privilege, immunity, or protection named in the Con7 stitution and secured by law, and the constituted au8 thorities of that State are unable, fail, or refuse to 

9 protect that right, privilege, or immunity, or to give 

10 that protection; or 

11 ‘‘(2) opposes or obstructs the execution of the 

12 laws of the United States or impedes the course of jus13 tice under those laws. 

14 In any situation covered by clause (1), the State shall be 

15 considered to have denied the equal protection of the laws 

16 secured by the Constitution.’’. 

17 (2) PROCLAMATION TO DISPERSE.—Section 334 

18 of such title is amended by striking ‘‘or those obstruct19 ing the enforcement of the laws’’ after ‘‘insurgents’’. 

20 (3) HEADING AMENDMENT.—The heading of 

21 chapter 15 of such title is amended to read as follows: 

22 ‘‘CHAPTER 15—INSURRECTION’’. 

23 (4) CLERICAL AMENDMENTS.— 

24 (A) The table of sections at the beginning of 

25 chapter 15 of such title is amended by striking 

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1 the item relating to section 333 and inserting the 

2 following new item: 

‘‘333. Interference with State and Federal law.’’. 

3 (B) The tables of chapters at the beginning 

4 of subtitle A of title 10, United States Code, and 

5 at the beginning of part I of such subtitle, are 

6 each amended by striking the item relating to 

7 chapter 15 and inserting the following new item: 

‘‘15. Insurrection .............................................................................................. 331’’. 

8 (b) REPEAL OF SECTION RELATING TO PROVISION OF

9 SUPPLIES, SERVICES, AND EQUIPMENT.— 

10 (1) IN GENERAL.—Section 2567 of title 10, 

11 United States Code, is repealed. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 152 of such title is 

14 amended by striking the item relating to section 2567. 

15 (c) CONFORMING AMENDMENT.—Section 12304(c) of 

16 such title is amended by striking ‘‘Except to perform’’ and 

17 all that follows through ‘‘this section’’ and inserting ‘‘No 

18 unit or member of a reserve component may be ordered to 

19 active duty under this section to perform any of the func20 tions authorized by chapter 15 or section 12406 of this title 

21 or, except as provided in subsection (b),’’. 

22 (d) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on the date of the enactment of this 

24 Act. 

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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

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

hours. 

Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1103. Accumulation of annual leave by senior level employees. 

Sec. 1104. Travel compensation for wage grade personnel. 

Sec. 1105. Death gratuity authorized for Federal employees. 

Sec. 1106. Modifications to the National Security Personnel System. 

Sec. 1107. Annuity commencing dates. 

Sec. 1108. Flexibility in setting pay for employees who move from a Department 

of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system. 

Sec. 1109. Transportation of dependents, household effects, and personal property 

to former home following death of Federal employee where death 

resulted from disease or injury incurred in a combat zone. 

Sec. 1110. Use of leave transfer program by wounded veterans who are Federal 

employees. 

Sec. 1111. Requirement for full implementation of personnel demonstration 

project. 

3 SEC. 1101. COMPENSATION FOR FEDERAL WAGE SYSTEM 

4 EMPLOYEES FOR CERTAIN TRAVEL HOURS. 

5 Clause (iv) of section 5544(a) of title 5, United States 

6 Code, is amended by striking ‘‘administratively.’’ and in7 serting ‘‘administratively (including travel by such em8 ployee to such event and the return of such employee from 

9 such event to his or her official duty station).’’. 

10 SEC. 1102. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 

11 ASSIGNED ON DEPLOYMENT TEMPORARY 

12 CHANGE OF STATION. 

13 (a) AUTHORITY.—Subchapter II of chapter 57 of title 

14 5, United States Code, is amended by inserting after section 

15 5737 the following: 

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1 ‘‘§ 5737a. Employees temporarily deployed in contin2 gency operations 

3 ‘‘(a) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) the term ‘covered employee’ means an indi5 vidual who— 

6 ‘‘(A) is an employee of an Executive agency 

7 or a military department, excluding a Govern8 ment controlled corporation; and 

9 ‘‘(B) is assigned on a temporary change of 

10 station in support of a contingency operation; 

11 ‘‘(2) the term ‘temporary change of station’, as 

12 used with respect to an employee, means an assign13 ment— 

14 ‘‘(A) from the employee’s official duty sta15 tion to a temporary duty station; and 

16 ‘‘(B) for which such employee is eligible for 

17 expenses under section 5737; and 

18 ‘‘(3) the term ‘contingency operation’ has the 

19 meaning given such term by section 1482a(c) of title 

20 10. 

21 ‘‘(b) QUARTERS AND RATIONS.—The head of an agen22 cy may provide quarters and rations, without charge, to 

23 any covered employee of such agency during the period of 

24 such employee’s temporary assignment (as described in sub25 section (a)(1)(B)). 

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1 ‘‘(c) STORAGE OF MOTOR VEHICLE.—The head of an 

2 agency may provide for the storage, without charge, or for 

3 the reimbursement of the cost of storage, of a motor vehicle 

4 that is owned or leased by a covered employee of such agen5 cy (or by a dependent of such an employee) and that is 

6 for the personal use of the covered employee. This subsection 

7 shall apply— 

8 ‘‘(1) with respect to storage during the period of 

9 the employee’s temporary assignment (as described in 

10 subsection (a)(1)(B)) and, notwithstanding section 

11 5737(b), for such additional period of time as the 

12 agency head may determine; and 

13 ‘‘(2) in the case of a covered employee, with re14 spect to not more than one motor vehicle as of any 

15 given time. 

16 ‘‘(d) RELATIONSHIP TO OTHER BENEFITS.—Any bene17 fits under this section shall be in addition to (and not in 

18 lieu of) any other benefits for which the covered employee 

19 is otherwise eligible.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections for 

21 chapter 57 of such title is amended by inserting after the 

22 item relating to section 5737 the following: 

‘‘5737a. Employees temporarily deployed in contingency operations.’’. 

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1 SEC. 1103. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 

2 LEVEL EMPLOYEES. 

3 Section 6304(f)(1) of title 5, United States Code, is 

4 amended— 

5 (1) in the matter before subparagraph (A), by 

6 striking ‘‘in a position in—’’ and inserting ‘‘in—’’; 

7 (2) in subparagraphs (A) through (E), by insert8 ing ‘‘a position in’’ before ‘‘the’’; 

9 (3) in subparagraph (D), by striking ‘‘or’’ at the 

10 end; 

11 (4) in subparagraph (E), by striking the period 

12 at the end and inserting a semicolon; and 

13 (5) by adding after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) a position to which section 5376 ap16 plies; or 

17 ‘‘(G) a position designated under section 

18 1607(a) of title 10 as an Intelligence Senior 

19 Level position.’’. 

20 SEC. 1104. TRAVEL COMPENSATION FOR WAGE GRADE PER21 SONNEL. 

22 (a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR

23 TRAVEL.—Section 5550b(a) of title 5, United States Code, 

24 is amended by striking ‘‘section 5542(b)(2),’’ and inserting 

25 ‘‘any provision of section 5542(b)(2) or 5544(a),’’. 

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1 (b) CONFORMING AMENDMENT.—Section 5541(2)(xi) 

2 of such title is amended by striking ‘‘section 5544’’ and in3 serting ‘‘section 5544 or 5550b’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect on the earlier of— 

6 (1) the effective date of any regulations pre7 scribed to carry out such amendments; or 

8 (2) the 90th day after the date of the enactment 

9 of this Act. 

10 SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL 

11 EMPLOYEES. 

12 (a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 

13 title 5, United States Code, is amended by inserting after 

14 section 8102 the following new section: 

15 ‘‘§ 8102a. Death gratuity for injuries incurred in con16 nection with employee’s service with an 

17 Armed Force 

18 ‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 

19 States shall pay a death gratuity of $100,000 to or for the 

20 survivor prescribed by subsection (d) immediately upon re21 ceiving official notification of the death of an employee who 

22 dies of injuries incurred in connection with the employee’s 

23 service with an Armed Force in a contingency operation, 

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1 rorist incident occurring during the employee’s service with 

2 an Armed Force. 

3 ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 

4 Subsection (a) applies in the case of an employee who dies 

5 on or after October 7, 2001, as a result of injuries incurred 

6 in connection with the employee’s service with an Armed 

7 Force in the theater of operations of Operation Enduring 

8 Freedom or Operation Iraqi Freedom. 

9 ‘‘(c) OTHER BENEFITS.—The death gratuity payable 

10 under this section is in addition to any death benefits other11 wise provided for in law. 

12 ‘‘(d) ELIGIBLE SURVIVORS.— 

13 ‘‘(1) Subject to paragraph (5), a death gratuity 

14 payable upon the death of a person covered by sub15 section (a) shall be paid to or for the living survivor 

16 highest on the following list: 

17 ‘‘(A) The employee’s surviving spouse. 

18 ‘‘(B) The employee’s children, as prescribed 

19 by paragraph (2), in equal shares. 

20 ‘‘(C) If designated by the employee, any one 

21 or more of the following persons: 

22 ‘‘(I) The employee’s parents or persons 

23 in loco parentis, as prescribed by paragraph 

24 (3). 

25 ‘‘(ii) The employee’s brothers. 

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1 ‘‘(iii) The employee’s sisters. 

2 ‘‘(D) The employee’s parents or persons in 

3 loco parentis, as prescribed by paragraph (3), in 

4 equal shares. 

5 ‘‘(E) The employee’s brothers and sisters in 

6 equal shares. 

7 Subparagraphs (C) and (E) of this paragraph include 

8 brothers and sisters of the half blood and those 

9 through adoption. 

10 ‘‘(2) Paragraph (1)(B) applies, without regard 

11 to age or marital status, to— 

12 ‘‘(A) legitimate children; 

13 ‘‘(B) adopted children; 

14 ‘‘(C) stepchildren who were a part of the de15 cedent’s household at the time of death; 

16 ‘‘(D) illegitimate children of a female dece17 dent; and 

18 ‘‘(E) illegitimate children of a male dece19 dent— 

20 ‘‘(I) who have been acknowledged in 

21 writing signed by the decedent; 

22 ‘‘(ii) who have been judicially deter23 mined, before the decedent’s death, to be his 

24 children; 

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1 ‘‘(iii) who have been otherwise proved, 

2 by evidence satisfactory to the employing 

3 agency, to be children of the decedent; or 

4 ‘‘(iv) to whose support the decedent had 

5 been judicially ordered to contribute. 

6 ‘‘(3) Subparagraphs (C) and (D) of paragraph 

7 (1), so far as they apply to parents and persons in 

8 loco parentis, include fathers and mothers through 

9 adoption, and persons who stood in loco parentis to 

10 the decedent for a period of not less than one year at 

11 any time before the decedent became an employee. 

12 However, only one father and one mother, or their 

13 counterparts in loco parentis, may be recognized in 

14 any case, and preference shall be given to those who 

15 exercised a parental relationship on the date, or most 

16 nearly before the date, on which the decedent became 

17 an employee. 

18 ‘‘(4) Beginning on the date of the enactment of 

19 this paragraph, a person covered by this section may 

20 designate another person to receive not more than 50 

21 percent of the amount payable under this section. The 

22 designation shall indicate the percentage of the 

23 amount, to be specified only in 10 percent increments 

24 up to the maximum of 50 percent, that the designated 

25 person may receive. The balance of the amount of the 

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1 death gratuity shall be paid to or for the living sur2 vivors of the person concerned in accordance with 

3 subparagraphs (A) through (E) of paragraph (1). 

4 ‘‘(5) If a person entitled to all or a portion of 

5 a death gratuity under paragraph (1) or (4) dies be6 fore the person receives the death gratuity, it shall be 

7 paid to the living survivor next in the order pre8 scribed by paragraph (1). 

9 ‘‘(e) DEFINITIONS.—(1) The term ‘contingency oper10 ation’ has the meaning given to that term in section 

11 1482a(c) of title 10, United States Code. 

12 ‘‘(2) The term ‘employee’ has the meaning provided in 

13 section 8101 of this title, but also includes a non14 appropriated fund instrumentality employee, as defined in 

15 section 1587(a)(1) of title 10.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of chapter 81 of such title is amended by in18 serting after the item relating to section 8102 the following 

19 new item: 

‘‘8102a. Death gratuity for injuries incurred in connection with employee’s service 

with an Armed Force.’’. 

20 SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY 

21 PERSONNEL SYSTEM. 

22 (a) IN GENERAL.—Section 9902 of title 5, United 

23 States Code, is amended— 

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1 (1) in subsection (a), by striking ‘‘Notwith2 standing any other provision of this part, the’’ and 

3 inserting ‘‘The’’; 

4 (2) in subsection (b)(4)— 

5 (A) by striking ‘‘collectively as provided for 

6 in this chapter,’’ and inserting ‘‘collectively,’’; 

7 and 

8 (B) by striking ‘‘the provisions of this chap9 ter and’’; 

10 (3) in subsection (b)(6), by striking subpara11 graph (I) and inserting the following: 

12 ‘‘(I) A pay-for-performance evaluation sys13 tem to reward individual or group performance. 

14 Any such system— 

15 ‘‘(i) shall be based on an equitable 

16 method for appraising and compensating 

17 employees; 

18 ‘‘(ii) shall ensure that rates of pay (in19 cluding those described in subchapter IV of 

20 chapter 53 and those payable to employees 

21 paid from nonappropriated funds) are ad22 justed at the same time and by the same 

23 percentages as would be required under sec24 tions 5303 through 5304a for rates subject 

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1 ment may be made if or to the extent that 

2 the resulting rate would exceed the max3 imum rate allowable under such system; 

4 ‘‘(iii) may not be implemented before 

5 the requirements described in section 

6 4703(b) have been met by the Secretary and 

7 the Director jointly with respect to such sys8 tem; 

9 ‘‘(iv) may not provide for any waiver 

10 with respect to such system that would not 

11 be allowable under any paragraph of section 

12 4703(c); and 

13 ‘‘(v) shall be subject to the provisions of 

14 subsections (f) and (g) of section 4703.’’; 

15 (4) in subsection (c)(1), by striking ‘‘October 1, 

16 2008’’ each place it appears and inserting ‘‘October 

17 1, 2011’’; 

18 (5) in subsection (d)— 

19 (A) in the matter before paragraph (1), by 

20 striking ‘‘are (to the extent not otherwise speci21 fied in this title)—’’ and inserting ‘‘are—’’; and 

22 (B) in paragraph (2), by inserting ‘‘43,’’ 

23 after ‘‘41,’’ and by inserting ‘‘75, 77,’’ after 

24 ‘‘73,’’; 

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1 (6) in subsection (e)(3), by striking the period at 

2 the end and inserting ‘‘, except as provided in sub3 section (b)(6)(I)(ii).’’; 

4 (7) in subsection (f)(4), strike ‘‘The’’ and insert 

5 ‘‘Subject to subsection (d)(2), the’’; 

6 (8) in subsection (g)— 

7 (A) by striking paragraph (2) and inserting 

8 the following: 

9 ‘‘(2) The decision to bargain at a level above the level 

10 of exclusive recognition shall be mutually agreed to by the 

11 Secretary and the labor organization at an organizational 

12 level above the level of exclusive recognition.’’; 

13 (B) in paragraph (3), by striking ‘‘are ex14 cluded from’’ and inserting ‘‘may be included 

15 in’’; and 

16 (C) by striking paragraph (4); and 

17 (9) by striking subsections (h), (k), and (m) and 

18 redesignating subsections (i), (j), and (l) as sub19 sections (h), (i), and (j), respectively. 

20 (b) SAVINGS PROVISION.—Any rate of pay which is 

21 in effect with respect to an employee immediately before this 

22 section takes effect, and which was determined under a per23 formance management system established under section 

24 9902(b)(6) of title 5, United States Code, shall remain in 

25 effect until— 

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1 (1) such rate is modified, superseded, or rendered 

2 inapplicable— 

3 (A) in accordance with such system, as last 

4 in effect before this section takes effect; or 

5 (B) in accordance with a system established 

6 under such section 9902(b)(6), as amended by 

7 this section (hereinafter referred to as a ‘‘suc8 cessor system’’); or 

9 (2) such employee otherwise ceases to be covered 

10 by such system (as described in paragraph (1)(A)), 

11 whether by transferring to a position not covered by 

12 the system (as so described) or otherwise. 

13 The performance management system (as described in para14 graph (1)(A)) shall remain in effect, in accordance with its 

15 terms, until all employees who, immediately before this sec16 tion takes effect, are subject to the system (as so described) 

17 have either become subject to a successor system or have oth18 erwise ceased to be covered by the system (as so described). 

19 Such system (as so described) shall not apply in the case 

20 of any employee, or during any period of time, not de21 scribed in the preceding sentence. 

22 SEC. 1107. ANNUITY COMMENCING DATES. 

23 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

24 8345(b)(1) of title 5, United States Code, is amended by 

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1 striking ‘‘the first day of the month after’’ both places it 

2 appears and inserting ‘‘the day after’’. 

3 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

4 Section 8464(a) of such title is amended to read as follows: 

5 ‘‘(a) Except as otherwise provided in this chapter— 

6 ‘‘(1) an annuity payable from the Fund com7 mences on the day after— 

8 ‘‘(A) separation from the service, in the case 

9 of an employee or Member retiring under section 

10 8412 or 8414; or 

11 ‘‘(B) pay ceases, and the applicable age and 

12 service requirements are met, in the case of an 

13 employee or Member retiring under section 8413; 

14 and 

15 ‘‘(2) an annuity payable from the Fund com16 mences on the day after separation from the service 

17 or the day after pay ceases and the requirements for 

18 title to an annuity are met in the case of an employee 

19 or Member retiring under section 8451.’’. 

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1 SEC. 1108. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES 

2 WHO MOVE FROM A DEPARTMENT OF DE3 FENSE OR COAST GUARD NONAPPROPRIATED 

4 FUND INSTRUMENTALITY POSITION TO A PO5 SITION IN THE GENERAL SCHEDULE PAY SYS6 TEM. 

7 The first sentence of section 5334(f) of title 5, United 

8 States Code, is amended by striking ‘‘any step of such grade 

9 that does not exceed the highest previous rate of basic pay 

10 received by that employee during the employee’s service de11 scribed in section 2105(c).’’ and inserting ‘‘any step of such 

12 grade that does not exceed— 

13 ‘‘(1) if the highest previous rate of basic pay re14 ceived by that employee during the employee’s service 

15 described in section 2105(c) is equal to a rate of the 

16 appropriate grade, such rate of the appropriate grade; 

17 ‘‘(2) if the employee’s highest previous rate of 

18 basic pay (as described in paragraph (1)) is between 

19 two rates of the appropriate grade, the higher of those 

20 two rates; or 

21 ‘‘(3) if the employee’s highest previous rate of 

22 basic pay (as described in paragraph (1)) exceeds the 

23 maximum rate of the appropriate grade, the max24 imum rate of the appropriate grade.’’. 

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1 SEC. 1109. TRANSPORTATION OF DEPENDENTS, HOUSE2 HOLD EFFECTS, AND PERSONAL PROPERTY 

3 TO FORMER HOME FOLLOWING DEATH OF 

4 FEDERAL EMPLOYEE WHERE DEATH RE5 SULTED FROM DISEASE OR INJURY IN6 CURRED IN A COMBAT ZONE. 

7 (a) IN GENERAL.—Section 5742 of title 5, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘(f)(1) The benefits of subsection (b)(2) may not be de10 nied, solely because the dependents were residing within the 

11 continental United States when the employee died, if such 

12 employee died as a result of disease or injury incurred while 

13 holding a position or performing one or more functions in 

14 support of military operations of the United States in a 

15 combat zone. 

16 ‘‘(2) For purposes of paragraph (1)— 

17 ‘‘(A) the term ‘continental United States’ has the 

18 meaning given such term by section 5721(3); and 

19 ‘‘(B) the term ‘combat zone’ has the meaning 

20 given such term by section 1580 of title 10.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall apply with respect to deaths occurring on 

23 or after the date of the enactment of this Act. 

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1 SEC. 1110. USE OF LEAVE TRANSFER PROGRAM BY WOUND2 ED VETERANS WHO ARE FEDERAL EMPLOY3 EES. 

4 (a) IN GENERAL.—Section 6333(b) of title 5, United 

5 States Code, is amended— 

6 (1) by striking ‘‘A leave’’ and inserting ‘‘(1) Ex7 cept as provided in paragraph (2), a leave’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(2) The requirement to exhaust annual leave and sick 

11 leave under paragraph (1) shall not apply in the case of 

12 a leave recipient who, while a member of the Armed Forces, 

13 including a member of the National Guard or a Reserve, 

14 sustained a combat-related disability (as defined in section 

15 1413a(e) of title 10) and is undergoing medical treatment 

16 (as defined by the Office of Personnel Management) for that 

17 combat-related disability. The preceding sentence shall 

18 apply to a member described in that sentence only so long 

19 as the member continues to undergo medical treatment for 

20 the disability, but in no case for more than five years.’’. 

21 SEC. 1111. REQUIREMENT FOR FULL IMPLEMENTATION OF 

22 PERSONNEL DEMONSTRATION PROJECT. 

23 (a) REQUIREMENT.—The Secretary of Defense shall 

24 take all necessary actions to fully implement and use the 

25 authorities provided to the Secretary under section 342(b) 

26 of the National Defense Authorization Act for Fiscal Year 

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1 1995 (Public Law 103–337; 108 Stat. 2721), as amended 

2 by section 1114 of the Floyd D. Spence National Defense 

3 Authorization Act for Fiscal Year 2001 (as enacted into law 

4 by Public Law 106–398; 114 Stat. 1654A–315), to carry 

5 out personnel management demonstration projects at De6 partment of Defense laboratories that are exempted by sec7 tion 9902(c) of title 5, United States Code, from inclusion 

8 in the Department of Defense National Security Personnel 

9 System. 

10 (b) EXPANDED AUTHORITY FOR DIRECTORS.—The 

11 Secretary of Defense shall also implement a process and im12 plementation plan to expand the authorities provided to the 

13 laboratories described in subsection (a) to provide the re14 search laboratory directors enhanced ability to make pro15 gram, funding, personnel, and other decisions that are nec16 essary to carry out the mission of the laboratory. 

17 (c) OTHER LABORATORIES.—Any flexibility available 

18 to any demonstration laboratory shall be available for use 

19 at any other laboratory as enumerated in section 9902(c)(2) 

20 of title 5, United States Code. 

21 (d) SUBMISSION OF LIST AND DESCRIPTION.—Not 

22 later than March 1 of each year, beginning with March 1, 

23 2008, the Secretary of Defense shall submit to Congress a 

24 list and description of the demonstration project notices, 

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1 ing the preceding calendar year. The list shall include all 

2 approved and disapproved notices, amendments, and 

3 changes, and the reasons for disapproval or delay in ap4 proval. 

5 TITLE XII—MATTERS RELATING 

6 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Military-to-military contacts and comparable activities. 

Sec. 1202. Authority for support of military operations to combat terrorism. 

Sec. 1203. Medical care and temporary duty travel expenses for liaison officers 

of certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1206. Expansion of program to build the capacity of foreign military forces 

to include Pakistan’s other security forces. 

Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery 

and accounting activities for missing United States Government 

personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. 

Sec. 1209. Report on foreign assistance-related programs, projects, and activities 

carried out by the Department of Defense. 

Subtitle B—Matters Relating to Iraq 

Sec. 1221. Modification of authorities relating to the Special Inspector General 

for Iraq Reconstruction. 

Sec. 1222. Continuation of prohibition on establishment of permanent military 

installations in Iraq or United States control over oil resources 

of Iraq. 

Sec. 1223. Report on Department of Defense efforts to build the capacity of the 

Government of Iraq to carry out reconstruction activities in 

Iraq. 

Sec. 1224. Report on implementation of Multi-National Forces–Iraq/United 

States Embassy Baghdad Joint Campaign Plan and efforts to 

achieve political reform in Iraq. 

Sec. 1225. Report on training of the Iraqi Security Forces. 

Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish 

support for the insurgency in Iraq. 

Subtitle C—Matters Relating to Afghanistan 

Sec. 1231. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1232. Report on progress toward security and stability in Afghanistan. 

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Sec. 1233. Report on progress of the Department of Defense’s counter-narcotics 

program for Afghanistan. 

Sec. 1234. United States plan for sustaining the Afghanistan National Security 

Forces. 

Subtitle D—Other Matters 

Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. 

Sec. 1242. Extension of Counterproliferation Program Review Committee. 

Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for Security Cooperation. 

Sec. 1244. Sense of Congress concerning the strategic military capabilities and 

intentions of the People’s Republic of China. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COM4 PARABLE ACTIVITIES. 

5 Section 168(c) of title 10, United States Code, is 

6 amended by adding at the end the following new paragraph: 

7 ‘‘(9) The assignment of personnel described in 

8 paragraph (3) or (4) on a non-reciprocal basis if the 

9 Secretary of Defense determines that such an assign10 ment, rather than an exchange of personnel, is in the 

11 interests of the United States.’’. 

12 SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPER13 ATIONS TO COMBAT TERRORISM. 

14 (a) MODIFICATION OF REPORTING REQUIREMENT.— 

15 Subsection (f) of section 1208 of the Ronald W. Reagan Na16 tional Defense Authorization Act for Fiscal Year 2005 (Pub17 lic Law 108–375; 118 Stat. 2086–2087) is amended to read 

18 as follows: 

19 ‘‘(f) ANNUAL REPORT.— 

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1 ‘‘(1) REPORT REQUIRED.—Not later than 120 

2 days after the close of each fiscal year during which 

3 subsection (a) is in effect, the Secretary of Defense 

4 shall submit to the congressional defense committees a 

5 report on support provided under that subsection dur6 ing that fiscal year. 

7 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

8 required by paragraph (1) shall describe the support 

9 provided, including— 

10 ‘‘(A) the country involved in the activity, 

11 the individual or force receiving the support, 

12 and, to the maximum extent practicable, the spe13 cific region of each country involved in the activ14 ity; 

15 ‘‘(B) the respective dates and a summary of 

16 congressional notifications for each activity; 

17 ‘‘(C) the unified commander for each activ18 ity, as well as the related objectives, as estab19 lished by that commander; 

20 ‘‘(D) the total amount obligated to provide 

21 the support; 

22 ‘‘(E) for each activity that amounts to more 

23 than $500,000, specific budget details that ex24 plain the overall funding level for that activity; 

25 and 

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1 ‘‘(F) a statement providing a brief assess2 ment of the outcome of the support, including 

3 specific indications of how the support furthered 

4 the mission objective of special operations forces 

5 and the types of follow-on support, if any, that 

6 may be necessary.’’. 

7 (b) ANNUAL LIMITATION.—Subsection (g) of such sec8 tion is amended— 

9 (1) in the heading, by striking ‘‘FISCAL YEAR

10 2005’’ and inserting ‘‘ANNUAL’’; and 

11 (2) by striking ‘‘fiscal year 2005’’ and inserting 

12 ‘‘each fiscal year during which subsection (a) is in ef13 fect’’. 

14 (c) EXTENSION OF PERIOD OF AUTHORITY.—Sub15 section (h) of such section is amended by striking ‘‘2007’’ 

16 and inserting ‘‘2010’’. 

17 SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL 

18 EXPENSES FOR LIAISON OFFICERS OF CER19 TAIN FOREIGN NATIONS. 

20 (a) AUTHORITY.—Subsection (a) of section 1051a of 

21 title 10, United States Code, is amended— 

22 (1) by striking ‘‘involved in a coalition’’ and in23 serting ‘‘involved in a military operation’’; and 

24 (2) by striking ‘‘coalition operation’’ and insert25 ing ‘‘military operation’’. 

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1 (b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL

2 EXPENSES.—Subsection (b) of such section is amended— 

3 (1) in the heading, by striking ‘‘AND SUBSIST4 ENCE’’ inserting ‘‘, SUBSISTENCE, AND MEDICAL

5 CARE’’; 

6 (2) in paragraph (2), by adding at the end the 

7 following: 

8 ‘‘(C) Expenses for medical care at a civilian 

9 medical facility if— 

10 ‘‘(i) adequate medical care is not available 

11 to the liaison officer at a local military medical 

12 treatment facility; 

13 ‘‘(ii) the Secretary determines that payment 

14 of such medical expenses is necessary and in the 

15 best interests of the United States; and 

16 ‘‘(iii) medical care is not otherwise avail17 able to the liaison officer pursuant to any treaty 

18 or other international agreement.’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(3) The Secretary may pay the mission-related 

21 travel expenses of a liaison officer described in sub22 section (a) if such travel is in support of the national 

23 interests of the United States and the commander of 

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1 rarily assigned directs round-trip travel from the as2 signed headquarters to one or more locations.’’. 

3 (c) DEFINITION.—Subsection (d) of such section is 

4 amended— 

5 (1) by striking ‘‘(d) DEFINITIONS.—’’ and all 

6 that follows through ‘‘(1) The term’’ and inserting 

7 ‘‘(d) DEFINITION.—In this section, the term’’; and 

8 (2) by striking paragraph (2). 

9 (d) EXPIRATION OF AUTHORITY.—Such section is fur10 ther amended by striking subsection (e). 

11 (e) CONFORMING AND CLERICAL AMENDMENTS.—(1) 

12 The heading for such section is amended to read as follows: 

13 ‘‘§ 1051a. Liaison officers of certain foreign nations; 

14 administrative services and support; trav15 el, subsistence, medical care, and other 

16 personal expenses’’. 

17 (2) The table of sections at the beginning of chapter 

18 53 of title 10, United States Code, is amended by striking 

19 the item relating to section 1051a and inserting the fol20 lowing: 

‘‘1051a. Liaison officers of certain foreign nations; administrative services and 

support; travel, subsistence, medical care, and other personal expenses.’’. 

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1 SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT 

2 OF DEFENSE AUTHORITY TO PARTICIPATE IN 

3 MULTINATIONAL MILITARY CENTERS OF EX4 CELLENCE. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec6 tion 1205 of the John Warner National Defense Authoriza7 tion Act for Fiscal Year 2007 (Public Law 109–364; 1202 

8 Stat. 2416) is amended by striking ‘‘fiscal year 2007’’ and 

9 inserting ‘‘fiscal years 2007 and 2008’’. 

10 (b) APPROVAL OF CENTERS.—Subsection (c)(1) of such 

11 section is amended— 

12 (1) by striking ‘‘the Military Committee of the 

13 North Atlantic Treaty Organization (NATO)’’ and 

14 inserting ‘‘the Department of Defense’’; and 

15 (2) by striking ‘‘for the benefit of NATO’’. 

16 (c) LIMITATION ON AMOUNTS AVAILABLE FOR PAR17 TICIPATION.—Subsection (e) of such section is amended by 

18 striking paragraph (2) and inserting the following new 

19 paragraph: 

20 ‘‘(2) LIMITATION ON AMOUNT.—The amount 

21 available under paragraph (1)(A) for the expenses re22 ferred to in that paragraph may not exceed— 

23 ‘‘(A) in fiscal year 2007, $3,000,000; and 

24 ‘‘(B) in fiscal year 2008, $5,000,000.’’. 

25 (d) REPORTS.—Subsection (g) of such section is 

26 amended— 

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1 (1) in paragraph (1)— 

2 (A) by inserting ‘‘and October 31, 2008,’’ 

3 after ‘‘October 31, 2007,’’; and 

4 (B) by striking ‘‘fiscal year 2007’’ and in5 serting ‘‘fiscal years 2007 and 2008’’; and 

6 (2) in paragraph (2)(A), by striking ‘‘during fis7 cal year 2007’’ and inserting ‘‘during the preceding 

8 fiscal year’’. 

9 SEC. 1205. REAUTHORIZATION OF COMMANDERS’ EMER10 GENCY RESPONSE PROGRAM. 

11 (a) AUTHORITY.—Subsection (a) of section 1202 of the 

12 National Defense Authorization Act for Fiscal Year 2006 

13 (Public Law 109–163; 119 Stat. 3455–3456) is amended— 

14 (1) in the heading, by striking ‘‘FISCAL YEARS

15 2006 AND 2007’’ and inserting ‘‘FISCAL YEARS 2008 

16 AND 2009’’; and 

17 (2) by striking ‘‘fiscal years 2006 and 2007’’ and 

18 inserting ‘‘fiscal years 2008 and 2009’’. 

19 (b) QUARTERLY REPORTS.—Subsection (b) of such sec20 tion is amended by striking ‘‘fiscal years 2006 and 2007’’ 

21 and inserting ‘‘fiscal years 2008 and 2009’’. 

22 (c) EFFECTIVE DATE.—The amendments made by this 

23 section take effect on October 1, 2007. 

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1 SEC. 1206. EXPANSION OF PROGRAM TO BUILD THE CAPAC2 ITY OF FOREIGN MILITARY FORCES TO IN3 CLUDE PAKISTAN’S OTHER SECURITY 

4 FORCES. 

5 (a) AUTHORITY.—Subsection (a) of section 1206 of the 

6 National Defense Authorization Act for Fiscal Year 2006 

7 (Public Law 109–163; 119 Stat. 3456–3458), as amended 

8 by section 1206 of the John Warner National Defense Au9 thorization Act of Fiscal Year 2007 (Public Law 109–364; 

10 120 Stat. 2418), is amended— 

11 (1) by striking ‘‘The Secretary of Defense’’ and 

12 inserting the following: 

13 ‘‘(1) IN GENERAL.—The Secretary of Defense’’; 

14 (2) by redesignating paragraphs (1) and (2) as 

15 subparagraphs (A) and (B), respectively; and 

16 (3) by adding at the end the following: 

17 ‘‘(2) ADDITIONAL AUTHORITY TO BUILD THE CA18 PACITY OF PAKISTAN’S OTHER SECURITY FORCES.— 

19 The Secretary of Defense, with the concurrence of the 

20 Secretary of State, may use the authority in para21 graph (1) to provide assistance to build the capacity 

22 of a Pakistan’s other security forces that are critical 

23 to the success of counterterrorist operations, such as 

24 forces responsible for border protection and interdic25 tion (including forces that guard coastal waters) and 

26 internal security forces specifically responsible for 

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1 counterterrorism operations, in order for Pakistan to 

2 conduct the operations described in paragraph 

3 (1)(A).’’. 

4 (b) CONGRESSIONAL NOTIFICATION; SPECIFIED CON5 GRESSIONAL COMMITTEES.—Subsection (e) of such section 

6 is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘Whenever’’ and inserting 

9 the following: 

10 ‘‘(A) IN GENERAL.—Whenever’’; and 

11 (B) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(B) NOTIFICATION RELATING TO AUTHOR14 ITY TO BUILD THE CAPACITY OF PAKISTAN’S

15 OTHER SECURITY FORCES.—Not less than 30 

16 days prior to the obligation or expenditure of 

17 funds to carry out any activities under sub18 section (a)(2), the Secretary of Defense shall no19 tify the congressional committees specified in 

20 paragraph (3) of such proposed obligation or ex21 penditure.’’; and 

22 (2) in paragraph (3)(B), by striking ‘‘Committee 

23 on International Relations’’ and inserting ‘‘Com24 mittee on Foreign Affairs’’. 

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1 (c) REPORT.—Paragraphs (1), (2), and (3) of sub2 section (f) of such section are each amended by inserting 

3 ‘‘or Pakistan’s other security forces’’ after ‘‘foreign military 

4 forces’’. 

5 (d) CONFORMING AND CLERICAL AMENDMENTS.—(1) 

6 The heading for such section is amended by adding at the 

7 end before the period the following: ‘‘AND PAKISTAN’S

8 OTHER SECURITY FORCES’’. 

9 (2) The table of contents in section 2(b) of the National 

10 Defense Authorization Act for Fiscal Year 2006 and the 

11 table of sections at the beginning of title XII of such Act 

12 are each amended by striking the item relating to section 

13 1206 and inserting the following: 

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

14 SEC. 1207. AUTHORITY TO PROVIDE ASSISTANCE TO FOR15 EIGN NATIONS TO ASSIST IN RECOVERY AND 

16 ACCOUNTING ACTIVITIES FOR MISSING 

17 UNITED STATES GOVERNMENT PERSONNEL. 

18 (a) ASSISTANCE AUTHORIZED.—The Secretary of De19 fense, with the concurrence of the Secretary of State, is au20 thorized to provide assistance to foreign nations to assist 

21 the Department of Defense in recovery and accounting ac22 tivities for missing United States Government personnel. 

23 (b) TYPES OF ASSISTANCE.—Assistance authorized 

24 under subsection (a) may include the provision of equipmstockstill on PROD1PC66 with BILLS

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1 ment, supplies, services, training, and funding to foreign 

2 nations to assist in recovery and accounting activities de3 scribed in such subsection. The authority to provide assist4 ance under subsection (a) is in addition to any other au5 thority to provide assistance to foreign nations for such 

6 purposes. 

7 (c) LIMITATION.—Assistance authorized under sub8 section (a) may not exceed $1,000,000 in any fiscal year. 

9 SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTI10 FICATION SYSTEM DATA ON MARITIME SHIP11 PING TO FOREIGN COUNTRIES AND INTER12 NATIONAL ORGANIZATIONS. 

13 (a) AUTHORITY TO PROVIDE DATA.—The Secretary of 

14 Defense, with the concurrence of the Secretary of State, may 

15 authorize the Secretary of a military department or a com16 mander of a combatant command to exchange or furnish 

17 automatic identification system data broadcast by mer18 chant or private ships and collected by the United States 

19 to a foreign country or international organization pursuant 

20 to an agreement for the exchange or production of such 

21 data. Such data may be transferred pursuant to this section 

22 without cost to the recipient country or international orga23 nization. 

24 (b) DEFINITIONS.—In this section: 

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1 (1) AUTOMATIC IDENTIFICATION SYSTEM.—The 

2 term ‘‘automatic identification system’’ means a sys3 tem that is used to satisfy the requirements of the 

4 Automatic Identification System under the Inter5 national Convention for the Safety of Life at Sea, 

6 signed at London on November 1, 1974 (TIAS 9700). 

7 (2) GEOGRAPHIC COMBATANT COMMANDER.—The 

8 term ‘‘commander of a combatant command’’ means 

9 a commander of a combatant command (as such term 

10 is defined in section 161(c) of title 10, United States 

11 Code) with a geographic area of responsibility. 

12 SEC. 1209. REPORT ON FOREIGN ASSISTANCE-RELATED 

13 PROGRAMS, PROJECTS, AND ACTIVITIES CAR14 RIED OUT BY THE DEPARTMENT OF DEFENSE. 

15 (a) REPORT REQUIRED.—Not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall submit to the appropriate congressional 

18 committees a report that contains a description of all for19 eign assistance-related programs, projects, and activities 

20 carried out by the Department of Defense during the prior 

21 fiscal year pursuant to any provision of law that authorizes 

22 or appropriates funds for such programs, projects, and ac23 tivities. 

24 (b) MATTERS TO BE INCLUDED.—The report required 

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1 by-country basis of each foreign assistance–related program, 

2 project, or activity of the Department of Defense and each 

3 foreign-assistance related program, project, or activity that 

4 the Department of Defense undertakes or implements on be5 half of any other department or agency of the United States 

6 Government, such as a program, project, or activity under 

7 the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 

8 or the Arms Export Control Act (22 U.S.C. 2751 et seq.). 

9 (c) DEFINITION.—In this section, the term ‘‘appro10 priate congressional committees’’ means— 

11 (1) the Committee on Appropriations, the Com12 mittee on Armed Services, and the Committee on For13 eign Affairs of the House of Representatives; and 

14 (2) the Committee on Appropriations, the Com15 mittee on Armed Services, and the Committee on For16 eign Relations of the Senate. 

17 Subtitle B—Matters Relating to 

18 Iraq 

19 SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO 

20 THE SPECIAL INSPECTOR GENERAL FOR IRAQ 

21 RECONSTRUCTION. 

22 (a) PURPOSES.—Subsection (a)(1) of section 3001 of 

23 the Emergency Supplemental Appropriations Act for De24 fense and for the Reconstruction of Iraq and Afghanistan, 

25 2004 (Public Law 108–106; 117 Stat. 1234–1238; 5 U.S.C. 

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1 App., note to section 8G of Public Law 95–452) is amended 

2 by striking ‘‘to the Iraq Relief and Reconstruction Fund’’ 

3 and inserting ‘‘for the reconstruction of Iraq’’. 

4 (b) ASSISTANT INSPECTORS GENERAL.—Subsection 

5 (d)(1) of such section is amended by striking ‘‘the Iraq Re6 lief and Reconstruction Fund’’ and inserting ‘‘amounts ap7 propriated or otherwise made available for the reconstruc8 tion of Iraq’’. 

9 (c) SUPERVISION.—Subsection (e)(2) of such section is 

10 amended by striking ‘‘the Iraq Relief and Reconstruction 

11 Fund’’ and inserting ‘‘amounts appropriated or otherwise 

12 made available for the reconstruction of Iraq’’. 

13 (d) DUTIES.—Subsection (f)(1) of such section is 

14 amended by striking ‘‘to the Iraq Relief and Reconstruction 

15 Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 

16 (e) PERSONNEL, FACILITIES, AND OTHER RE17 SOURCES.—Subsection (h)(3) of such section is amended by 

18 striking ‘‘my enter’’ and inserting ‘‘may enter’’. 

19 (f) REPORTS.—Subsection (i) of such section is amend20 ed by striking ‘‘to the Iraq Relief and Reconstruction Fund’’ 

21 each place it appears and inserting ‘‘for the reconstruction 

22 of Iraq’’. 

23 (g) DEFINITIONS.—Subsection (m) of such section is 

24 amended— 

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1 (1) in the heading, by striking ‘‘APPROPRIATE

2 COMMITTEES OF CONGRESS DEFINED’’ and inserting 

3 ‘‘DEFINITIONS’’; 

4 (2) by striking ‘‘In this section, the term’’ and 

5 inserting the following: ‘‘In this section— 

6 ‘‘(1) the term’’; 

7 (3) by redesignating paragraphs (1) and (2) as 

8 subparagraphs (A) and (B), respectively; 

9 (4) by striking the period at the end and insert10 ing ‘‘; and’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(2) the term ‘amounts appropriated or other13 wise made available for the reconstruction of Iraq’ 

14 means amounts appropriated or otherwise made 

15 available for any fiscal year— 

16 ‘‘(A) to the Iraq Relief and Reconstruction 

17 Fund, the Iraq Security Forces Fund, and the 

18 Commanders’ Emergency Response Program au19 thorized under section 1202 of the National De20 fense Authorization for Fiscal Year 2006 (Public 

21 Law 109–163; 119 Stat. 3455–3456); or 

22 ‘‘(B) for assistance for the reconstruction of 

23 Iraq under— 

24 ‘‘(i) the Economic Support Fund au25 thorized under chapter 4 of part II of the 

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1 Foreign Assistance Act of 1961 (22 U.S.C. 

2 2346 et seq.); 

3 ‘‘(ii) the International Narcotics Con4 trol and Law Enforcement account author5 ized under section 481 of the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2291); or 

7 ‘‘(iii) any other provision of law.’’. 

8 (h) TERMINATION.—Subsection (o) of such section is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘(A)’’; 

12 (B) by striking ‘‘to the Iraq Relief and Re13 construction Fund’’ the first place it appears 

14 and inserting ‘‘for the reconstruction of Iraq’’; 

15 and 

16 (C) by striking subparagraph (B); and 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘funds deemed to be’’; and 

19 (B) by striking ‘‘to the Iraq Relief and Re20 construction Fund’’ and inserting ‘‘for the recon21 struction of Iraq’’. 

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1 SEC. 1222. CONTINUATION OF PROHIBITION ON ESTABLISH2 MENT OF PERMANENT MILITARY INSTALLA3 TIONS IN IRAQ OR UNITED STATES CONTROL 

4 OVER OIL RESOURCES OF IRAQ. 

5 Section 1519 of the John Warner National Defense Au6 thorization Act for Fiscal Year 2007 (Public Law 109–364; 

7 120 Stat. 2444) is amended by inserting after ‘‘this Act’’ 

8 the following: ‘‘or any other Act for any fiscal year’’. 

9 SEC. 1223. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 

10 TO BUILD THE CAPACITY OF THE GOVERN11 MENT OF IRAQ TO CARRY OUT RECONSTRUC12 TION ACTIVITIES IN IRAQ. 

13 (a) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, and every six 

15 months thereafter, the Secretary of Defense shall submit to 

16 Congress a report on efforts of the Department of Defense 

17 to build the capacity of the Government of Iraq to carry 

18 out reconstruction activities in Iraq. 

19 (b) MATTERS TO BE INCLUDED.—The report required 

20 by subsection (a) shall include a description of the fol21 lowing: 

22 (1) Efforts to improve the ability of the Govern23 ment of Iraq— 

24 (A) to assess the needs for the reconstruction 

25 of Iraq; 

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1 (B) to assess the sustainability of recon2 struction projects carried out by the Government 

3 of Iraq, on all levels; and 

4 (C) to effectively budget and carry out the 

5 design and implementation of reconstruction 

6 projects. 

7 (2) Efforts to improve the ability of the Govern8 ment of Iraq— 

9 (A) to enter into competitively-awarded 

10 contracts for the reconstruction of Iraq; and 

11 (B) to oversee that such contracts are prop12 erly and effectively carried out in a cost-efficient 

13 manner. 

14 (3) Such other matters as the Secretary of De15 fense considers appropriate. 

16 SEC. 1224. REPORT ON IMPLEMENTATION OF MULTI-NA17 TIONAL FORCES–IRAQ/UNITED STATES EM18 BASSY BAGHDAD JOINT CAMPAIGN PLAN AND 

19 EFFORTS TO ACHIEVE POLITICAL REFORM IN 

20 IRAQ. 

21 (a) REPORT REQUIRED.—Not later than September 

22 30, 2007, the Secretary of Defense, in coordination with the 

23 Secretary of State, shall submit to the appropriate congres24 sional committees a report detailing the status of implemen25 tation of the Multi-National Forces–Iraq/United States 

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1 Embassy Baghdad Joint Campaign Plan (hereinafter in 

2 this section referred to as the ‘‘Joint Campaign Plan’’) since 

3 January 1, 2007, and efforts by the Government of Iraq 

4 to achieve political reform in Iraq. 

5 (b) ASSESSMENT REQUIRED.—The Commander, 

6 Multi-National Forces–Iraq and the United States Ambas7 sador to Iraq shall jointly submit to the Secretary of De8 fense and the Secretary of State an assessment of the situa9 tion in Iraq. The assessment shall be submitted in time to 

10 be included in the report required by subsection (a), and 

11 shall be included in the report, together with any comments 

12 thereon by the Secretary of Defense or the Secretary of 

13 State. 

14 (c) ELEMENTS.—The assessment required by sub15 section (b) shall include the following elements: 

16 (1) A detailed description of the Joint Campaign 

17 Plan, or any subsequent revisions, updates, or docu18 ments that replace or supersede the Joint Campaign 

19 Plan, including goals, phases, or other milestones con20 tained in the Joint Campaign Plan. Specifically, the 

21 description shall include the following: 

22 (A) An explanation of conditions required 

23 to move though phases of the Joint Campaign 

24 Plan and the measurements used to determine 

25 progress. 

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1 (B) An assessment of what conditions in the 

2 Joint Campaign Plan have been achieved and 

3 what conditions have not been achieved. The as4 sessment of those conditions that have not been 

5 achieved shall include a discussion of the factors 

6 that have precluded such progress. 

7 (C) A description of any companion or 

8 equivalent plan of the Government of Iraq used 

9 to measure progress for Iraqi Security Forces 

10 undertaking joint operations with Coalition 

11 forces. 

12 (2) Efforts by the Government of Iraq in taking 

13 the following actions: 

14 (A) Enacting a broadly-accepted hydro15 carbon law that equitably shares revenue among 

16 all Iraqis. 

17 (B) Adopting laws necessary for the conduct 

18 of provincial and local elections, taking steps to 

19 implement such laws, and setting a schedule to 

20 conduct provincial and local elections. 

21 (C) Reforming current laws governing the 

22 de-Baathification process in a manner that en23 courages national reconciliation. 

24 (D) Amending the Constitution of Iraq in a 

25 manner that encourages national reconciliation. 

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1 (E) Allocating and beginning expenditure of 

2 $10 billion in Iraqi revenues for reconstruction 

3 projects, including delivery of essential services, 

4 and implementing such reconstruction projects 

5 on an equitable basis. 

6 (F) Making significant efforts to plan and 

7 implement disarmament, demobilization, and re8 integration programs relating to Iraqi militias. 

9 (3) An assessment of security in each region of 

10 Iraq and an overall assessment of security for the 

11 country, to include the following: 

12 (A) Trends in casualties among Coalition 

13 forces, Iraqi Security Forces, and civilians. 

14 (B) Trends in weekly attacks on Coalition 

15 forces, Iraqi Security Forces, and civilians. 

16 (C) Trends in sectarian violence, including 

17 both the number of incidents and the casualties 

18 that have resulted. 

19 (D) Trends in high-profile attacks, includ20 ing attacks utilizing suicide bombings and vehi21 cle-borne improvised explosive devices. 

22 (4) An assessment of the effectiveness of Iraqi Se23 curity Forces, to include the following: 

24 (A) The number of battalions in the Iraqi 

25 Army currently conducting operations against 

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1 insurgents, the level of personnel strength of such 

2 battalions, and efforts by the Iraqi or Coalition 

3 authorities to increase the number of such battal4 ions. 

5 (B) The number of Iraqi Security Force 

6 units, at the battalion level and above, that are 

7 operating independently of Coalition forces or 

8 with only support of Coalition forces. 

9 (C) The anticipated period of time remain10 ing until the Iraqi Security Forces are fully 

11 trained and capable of providing security in 

12 Iraq without support of Coalition forces. 

13 (d) FURTHER ASSESSMENT REQUIRED.—Based on the 

14 information provided in subsection (c), the Secretary of De15 fense shall include in the report required by subsection 

16 (a)— 

17 (1) an assessment of the levels of United States 

18 Armed Forces required in Iraq for the six-month pe19 riod beginning on October 1, 2007, the missions to be 

20 undertaken by the Armed Forces, and the incremental 

21 costs of any proposed changes to such levels or mis22 sions; and 

23 (2) a description of the range of contingency 

24 plans under consideration for changes to levels of 

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1 United States Armed Forces or missions during such 

2 period. 

3 (e) UPDATE OF REPORT.— 

4 (1) UPDATE REQUIRED.—Not later than 180 

5 days after the submission of the report required by 

6 subsection (a), and every 180 days thereafter until 

7 United States combat forces have been redeployed 

8 from Iraq, the Secretary of Defense shall submit to the 

9 appropriate congressional committees an update of 

10 the report required by subsection (a). 

11 (2) MATTERS TO BE INCLUDED.—Each update of 

12 the report required by subsection (a) shall include an 

13 update of the assessment and any comments thereon 

14 required by subsection (b), an update of the elements 

15 described in subsection (c), and an update of the fur16 ther assessment required by paragraph (1) of sub17 section (d) for the six-month period beginning on the 

18 date of the submission of the update and an update 

19 of the contingency plans required by paragraph (2) of 

20 subsection (d) for such six-month period. 

21 (f) FORM.—The report required by subsection (a) and 

22 each update of the report required by subsection (e), includ23 ing assessments contained therein, shall be submitted in un24 classified form, to the maximum extent practicable, but may 

25 contain a classified annex. 

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1 (g) 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 Appropriations, and the Committee on For6 eign Affairs of the House of Representatives; and 

7 (2) the Committee on Armed Services, the Com8 mittee on Appropriations, and the Committee on For9 eign Relations of the Senate. 

10 SEC. 1225. REPORT ON TRAINING OF THE IRAQI SECURITY 

11 FORCES. 

12 (a) REPORT REQUIRED.—Not later than 90 days after 

13 the date of the enactment of this Act, and every three months 

14 thereafter, the Secretary of Defense shall submit to the ap15 propriate congressional committees an assessment of the 

16 Iraqi Security Forces. 

17 (b) MATTERS TO BE INCLUDED.—The report required 

18 by subsection (a) shall address the following matters: 

19 (1) The level of training, readiness, operational 

20 proficiency, and any other measures used to assess the 

21 effectiveness of each battalion or larger formation or 

22 equivalent of the Iraqi Army, Iraqi National Police, 

23 Iraqi Police Service, and all other security and intel24 ligence forces under the control of the Ministry of De25 fense or the Ministry of the Interior of Iraq. 

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1 (2) The number of battalions in the Iraqi Army 

2 currently conducting operations, the type of oper3 ations conducted, and efforts by Iraqi or Coalition 

4 authorities to increase the number of such operations. 

5 (3) The number of Iraqi Army battalions and 

6 Iraqi National Police units that can operate without 

7 support from Coalition forces. 

8 (4) The amount and type of support from Coali9 tion forces required by the Iraqi Security Forces at 

10 each Transition Readiness Assessment (TRA) level. 

11 (5) The level of readiness and effectiveness of 

12 units of the Iraqi Security Forces in provinces where 

13 the United States has formally transferred responsi14 bility for the security of the province to the Iraqi Se15 curity Forces under the Provincial Iraqi Control 

16 (PIC) process. 

17 (6) The contribution each battalion or larger for18 mation or equivalent of the Iraqi Army, Iraqi Na19 tional Police, Iraqi Police Service, and all other secu20 rity and intelligence forces under the control of the 

21 Ministry of Defense or the Ministry of the Interior of 

22 Iraq are making to overall stability in their area of 

23 operation. 

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1 (7) Other measurements used by Iraqi and Coa2 lition authorities to assess the capability of the Iraqi 

3 Security Forces. 

4 (c) FORM.—The report required by subsection (a) shall 

5 be submitted in unclassified form, to the maximum extent 

6 practicable, but may include a classified annex, as appro7 priate. 

8 (d) DEFINITION.—In this section, the term ‘‘appro9 priate congressional committees’’ means— 

10 (1) the Committee on Armed Services and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives; and 

13 (2) the Committee on Armed Services and the 

14 Committee on Foreign Relations of the Senate. 

15 SEC. 1226. SENSE OF CONGRESS ON RESPONSIBILITIES OF 

16 THE IRAQI COUNCIL OF REPRESENTATIVES 

17 TO ENACT LAWS TO ACHIEVE POLITICAL RE18 FORM AND DIMINISH SUPPORT FOR THE IN19 SURGENCY IN IRAQ. 

20 It is the sense of Congress that the Iraqi Council of 

21 Representatives should not recess for an extended period of 

22 time without first making substantial progress toward— 

23 (1) enacting a broadly-accepted hydrocarbon law 

24 that equitably shares revenue among all Iraqis; 

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1 (2) adopting laws necessary for the conduct of 

2 provincial and local elections, taking steps to imple3 ment such laws, and setting a schedule to conduct 

4 provincial and local elections; 

5 (3) reforming current laws governing the de6 Baathification process in a manner that encourages 

7 national reconciliation; 

8 (4) amending the Constitution of Iraq in a man9 ner that encourages national reconciliation; and 

10 (5) enacting other legislation that helps to begin 

11 the process of political reconciliation and reduce the 

12 support for the insurgency in Iraq. 

13 Subtitle C—Matters Relating to 

14 Afghanistan 

15 SEC. 1231. SPECIAL INSPECTOR GENERAL FOR AFGHANI16 STAN RECONSTRUCTION. 

17 (a) PURPOSES.—The purposes of this section are as 

18 follows: 

19 (1) To provide for the independent and objective 

20 conduct and supervision of audits and investigations 

21 relating to the programs and operations funded with 

22 amounts appropriated or otherwise made available to 

23 the Department of Defense for the reconstruction of 

24 Afghanistan. 

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1 (2) To provide for the independent and objective 

2 leadership and coordination of, and recommendations 

3 on, policies designed to— 

4 (A) promote economy efficiency, and effec5 tiveness in the administration of the programs 

6 and operations described in paragraph (1); and 

7 (B) prevent and detect waste, fraud, and 

8 abuse in such programs and operations. 

9 (3) To provide for an independent and objective 

10 means of keeping the Secretary of Defense fully and 

11 currently informed about problems and deficiencies 

12 relating to the administration of such programs and 

13 operations and the necessity for and progress for cor14 rective action. 

15 (b) OFFICE OF INSPECTOR GENERAL.—There is hereby 

16 established the Office of the Special Inspector General for 

17 Afghanistan Reconstruction to carry out the purposes of 

18 subsection (a). 

19 (c) APPOINTMENT OF INSPECTOR GENERAL; RE20 MOVAL.—(1) The head of the Office of the Special Inspector 

21 General for Afghanistan Reconstruction is the Special In22 spector General for Afghanistan Reconstruction (in this sec23 tion referred to as the ‘‘Inspector General’’), who shall be 

24 appointed by the President. 

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1 (2) The appointment of Inspector General shall be 

2 made solely on the basis of integrity and demonstrated abil3 ity in accounting, auditing, financial analysis, law, man4 agement analysis, public administration, or investigations. 

5 (3) The nomination of an individual as Inspector Gen6 eral shall be made not later than 30 days after the date 

7 of the enactment of this Act. 

8 (4) The annual rate of basic pay of the Inspector Gen9 eral shall be the annual rate of basic pay provided for posi10 tions at level IV of the Executive Schedule under section 

11 5315 of title 5, United States Code. 

12 (5) The requirements described in paragraphs (4) and 

13 (5) of section 3001(c) of the Emergency Supplemental Ap14 propriations Act for Defense and for the Reconstruction of 

15 Iraq and Afghanistan, 2004 (Public Law 108–106; 117 

16 Stat. 1234–1238; 5 U.S.C. App., note to section 8G of Pub17 lic Law 95–452) shall apply to the Inspector General in 

18 the same manner and to the same extent as such require19 ments apply to the Special Inspector General for Iraq Re20 construction. 

21 (d) ASSISTANT INSPECTORS GENERAL.—The Inspector 

22 General shall, in accordance with applicable laws and regu23 lations governing the civil service— 

24 (1) appoint an Assistant Inspector General for 

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1 vising the performance of auditing activities relating 

2 to programs and operations supported by amounts 

3 appropriated or otherwise made available to the De4 partment of Defense for the reconstruction of Afghani5 stan; and 

6 (2) appoint an Assistant Inspector General for 

7 Investigations who shall have the responsibility for 

8 supervising the performance of investigative activities 

9 relating to such programs and operations. 

10 (e) SUPERVISION.—(1) Except as provided in para11 graph (2), the Inspector General shall report directly to, 

12 and be under the general supervision of, the Secretary of 

13 Defense. 

14 (2) No officer of the Department of Defense shall pre15 vent or prohibit the Inspector General from initiating, car16 rying out, or completing any audit or investigation related 

17 to amounts appropriated or otherwise made available to the 

18 Department of Defense for the reconstruction of Afghanistan 

19 or from issuing any subpoena during the course of any such 

20 audit or investigation. 

21 (f) DUTIES.—(1) It shall be the duty of the Inspector 

22 General to conduct, supervise, and coordinate audits and 

23 investigations of the treatment, handling, and expenditure 

24 of amounts appropriated or otherwise made available to the 

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1 stan, and of the programs, operations, and contracts carried 

2 out utilizing such funds, including— 

3 (A) the oversight and accounting of the obli4 gation and expenditure of such funds; 

5 (B) the monitoring and review of recon6 struction activities funded by such funds; 

7 (C) the monitoring and review of contracts 

8 funded by such funds; 

9 (D) the monitoring and review of the trans10 fer of such funds and associated information be11 tween and among departments, agencies, and en12 tities of the United States and private and non13 governmental entities; and 

14 (E) the maintenance of records on the use 

15 of such funds to facilitate future audits and in16 vestigations of the use of such funds. 

17 (2) The Inspector General shall establish, maintain, 

18 and oversee such systems, procedures, and controls as the 

19 Inspector General considers appropriate to discharge the 

20 duty under paragraph (1). 

21 (3) In addition to the duties specified in paragraphs 

22 (1) and (2), the Inspector General shall also have the duties 

23 and responsibilities of inspectors general under the Inspec24 tor General Act of 1978. 

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1 (4) In carrying out the duties, responsibilities, and au2 thorities of the Inspector General under this section, the In3 spector General shall coordinate with, and receive the co4 operation of, the Inspector General of the Department of 

5 Defense. 

6 (g) POWERS AND AUTHORITIES.—(1) In carrying out 

7 the duties specified in subsection (f), the Inspector General 

8 shall have the authorities provided in section 6 of the In9 spector General Act of 1978, including the authorities under 

10 subsection (e) of such section. 

11 (2) The Inspector General shall carry out the duty 

12 specified in subsection (f)(1) in accordance with section 

13 4(b)(1) of the Inspector General Act of 1978. 

14 (h) PERSONNEL, FACILITIES, AND OTHER RE15 SOURCES.—(1) The powers and authorities described in 

16 paragraphs (1) through (3) of section 3001(h) of the Emer17 gency Supplemental Appropriations Act for Defense and for 

18 the Reconstruction of Iraq and Afghanistan, 2004 shall 

19 apply to the Inspector General in the same manner and 

20 to the same extent as such requirements apply to the Special 

21 Inspector General for Iraq Reconstruction. 

22 (2) Whenever information or assistance requested by 

23 the Inspector General is, in the judgment of the Inspector 

24 General, unreasonably refused or not provided from any de25 partment, agency, or other entity of the Federal Governmstockstill on PROD1PC66 with BILLS

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1 ment, the Inspector General shall report the circumstances 

2 to the Secretary of Defense and to the congressional defense 

3 committees. 

4 (3) The Secretary of Defense shall provide the Inspec5 tor General with appropriate and adequate office space at 

6 appropriate locations of the Department of Defense in Af7 ghanistan, together with such equipment, office supplies, 

8 and communications facilities and services as may be nec9 essary for the operation of such offices, and shall provide 

10 necessary maintenance services for such offices and the 

11 equipment and facilities located therein. 

12 (i) REPORTS.—(1) Not later than 30 days after the 

13 end of each fiscal-year quarter, the Inspector General shall 

14 submit to the congressional defense committees a report 

15 summarizing, for the period of that quarter and, to the ex16 tent possible, the period from the end of such quarter to 

17 the time of the submission of the report, the activities dur18 ing such period of the Inspector General and the activities 

19 under programs and operations funded with amounts ap20 propriated or otherwise made available to the Department 

21 of Defense for the reconstruction of Afghanistan. Each re22 port shall include, for the period covered by such report, 

23 a detailed statement of all obligations, expenditures, and 

24 revenues of the Department of Defense associated with remstockstill on PROD1PC66 with BILLS

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1 construction and rehabilitation activities in Afghanistan, 

2 including the following: 

3 (A) Obligations and expenditures of appro4 priated funds by the Department of Defense. 

5 (B) A project-by-project and program-by6 program accounting of the costs incurred to date 

7 by the Department of Defense for the reconstruc8 tion of Afghanistan, together with the estimate of 

9 the Department of Defense of the costs to com10 plete each project and each program. 

11 (C) Revenues attributable to or consisting of 

12 funds provided by foreign nations or inter13 national organizations to programs and projects 

14 funded by the Department of Defense, and any 

15 obligations or expenditures of such revenues. 

16 (D) Revenues attributable to or consisting of 

17 foreign assets seized or frozen that contribute to 

18 programs and projects funded by the Department 

19 of Defense, and any obligations or expenditures 

20 of such revenues. 

21 (E) Operating expenses of agencies or enti22 ties receiving amounts appropriated or otherwise 

23 made available to the Department of Defense for 

24 the reconstruction of Afghanistan. 

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1 (F) In the case of any contract described in 

2 paragraph (2)— 

3 (i) the amount of the contract or other 

4 agreement; 

5 (ii) a brief discussion of the scope of 

6 the contract or other agreement; 

7 (iii) a discussion of how the Depart8 ment of Defense identified, and solicited of9 fers from, potential contractors to perform 

10 the contract, together with a list of the po11 tential contractors that were issued solicita12 tions for the offers; and 

13 (iv) the justification and approval doc14 uments on which was based the determina15 tion to use procedures other than procedures 

16 that provide for full and open competition. 

17 (2) A contract described in this paragraph is any 

18 major contract or other agreement that is entered into by 

19 the Department of Defense that involves the use of amounts 

20 appropriated or otherwise made available to the Depart21 ment of Defense for the reconstruction of Afghanistan with 

22 any public or private sector entity for any of the following 

23 purposes: 

24 (A) To build or rebuild physical infrastructure 

25 of Afghanistan. 

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1 (B) To establish or reestablish a political or soci2 etal institution of Afghanistan. 

3 (C) To provide products or services to the people 

4 of Afghanistan. 

5 (3) The Inspector General shall submit to the congres6 sional defense committees semiannual reports meeting the 

7 requirements of section 5 of the Inspector General Act of 

8 1978. The first such report for a year, covering the first 

9 six months of the year, shall be submitted not later than 

10 July 31 of that year, and the second such report, covering 

11 the second six months of the year, shall be submitted not 

12 later than January 31 of the following year. 

13 (4) The Inspector General shall publish each report 

14 under this subsection in both English and other languages, 

15 which the Inspector General determines are widely used and 

16 understood in Afghanistan, on the Internet website of the 

17 Department of Defense. 

18 (5) Each report under this subsection may include a 

19 classified annex if the Inspector General considers it nec20 essary. 

21 (6) Nothing in this subsection shall be construed to au22 thorize the public disclosure of information that is— 

23 (A) specifically prohibited from disclosure by 

24 any other provision of law; 

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1 (B) specifically required by Executive order to be 

2 protected from disclosure in the interest of national 

3 defense or national security or in the conduct of for4 eign affairs; or 

5 (C) a part of an ongoing criminal investigation. 

6 (j) REPORT COORDINATION.—(1) The Inspector Gen7 eral shall also submit each report under subsection (i) to 

8 the Secretary of Defense. 

9 (2)(A) Not later than 30 days after receipt of a report 

10 under paragraph (1), the Secretary of Defense may submit 

11 to the congressional defense committees any comments on 

12 the matters covered by the report as the Secretary of Defense 

13 considers appropriate. 

14 (B) A report under this paragraph may include a clas15 sified annex if the Secretary of Defense considers it nec16 essary. 

17 (k) TRANSPARENCY.—(1) Not later than 60 days after 

18 the date of the submittal to Congress of a report under sub19 section (i), the Secretary of Defense shall make copies of 

20 such report available to the public upon request, and at a 

21 reasonable cost. 

22 (2) Not later than 60 days after the date of the sub23 mittal to Congress under subsection (j)(2) of comments on 

24 a report under subsection (i), the Secretary of Defense shall 

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1 make copies of such comments available to the public upon 

2 request, and at a reasonable cost. 

3 (l) WAIVER.—(1) The President may waive the re4 quirement under paragraph (1) or (2) of subsection (k) with 

5 respect to availability to the public of any element in a 

6 report under subsection (i), or any comment under sub7 section (j)(2), if the President determines that the waiver 

8 is justified for national security reasons. 

9 (2) The President shall publish a notice of each waiver 

10 made under this subsection in the Federal Register no later 

11 than the date on which a report required under paragraph 

12 (1) or (3) of subsection (i), or any comment under sub13 section (j)(2), is submitted to Congress. The reports required 

14 under paragraph (1) or (3) of subsection (i), and the com15 ments required under subsection (j)(2), shall specify whether 

16 waivers under this subsection were made and with respect 

17 to which elements in the reports or which comments, as ap18 propriate. 

19 (m) DEFINITION.—In this section, the term ‘‘amounts 

20 appropriated or otherwise made available to the Depart21 ment of Defense for the reconstruction of Afghanistan’’ 

22 means amounts appropriated or otherwise made available 

23 for any fiscal year— 

24 (1) to the Afghanistan Security Forces Fund; 

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1 (2) to the program to assist the people of Afghan2 istan established under subsection (a)(2) of section 

3 1202 of the National Defense Authorization for Fiscal 

4 Year 2006 (Public Law 109–163; 119 Stat. 3455– 

5 3456); or 

6 (3) to the Department of Defense for assistance 

7 for the reconstruction of Afghanistan under any other 

8 provision of law. 

9 (n) FUNDING.—(1) Of the amounts appropriated for 

10 fiscal year 2008 to the Afghanistan Security Forces Fund, 

11 such sums as may be necessary shall be available to carry 

12 out this section. 

13 (2) The amount available under paragraph (1) shall 

14 remain available until expended. 

15 (o) TERMINATION.—(1) The Office of the Inspector 

16 General shall terminate 10 months after 80 percent of the 

17 funds appropriated or otherwise made available to the De18 partment of Defense for the reconstruction of Afghanistan 

19 have been expended. 

20 (2) The Special Inspector General for Afghanistan Re21 construction shall, prior to the termination of the Office of 

22 the Special Inspector General under paragraph (1), prepare 

23 and submit to the congressional defense committees a final 

24 forensic audit report on all funds deemed to be amounts 

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1 appropriated or otherwise made available to the Depart2 ment of Defense for the reconstruction of Afghanistan. 

3 SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND 

4 STABILITY IN AFGHANISTAN. 

5 (a) REPORT REQUIRED.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary of De7 fense shall submit to the appropriate congressional commit8 tees a report on progress toward security and stability in 

9 Afghanistan. 

10 (b) COORDINATION.—The report required by subsection 

11 (a) shall be prepared in coordination with the Secretary 

12 of State, the Attorney General, the Administrator of the 

13 Drug Enforcement Administration, the Administrator of 

14 the United States Agency for International Development, 

15 the Secretary of Agriculture, and the head of any other de16 partment or agency of the Government of the United States 

17 involved with activities relating to security and stability 

18 in Afghanistan. 

19 (c) MATTERS TO BE INCLUDED: STRATEGIC DIREC20 TION OF UNITED STATES ACTIVITIES RELATING TO SECU21 RITY AND STABILITY IN AFGHANISTAN.—The report re22 quired by subsection (a) shall include a description of the 

23 strategic direction of activities of the United States relating 

24 to security and stability in Afghanistan. Such description 

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1 shall include a general overview followed by a separate de2 tailed section for each of the following: 

3 (1) AFGHANISTAN NATIONAL SECURITY FORCES

4 CAPACITY-BUILDING.—A description of the following: 

5 (A) A clear, comprehensive and effective 

6 long-term strategy and budget, with defined ob7 jectives, for activities relating to strengthening 

8 the resources, capabilities, and effectiveness of the 

9 Afghanistan National Army (ANA) and the Af10 ghanistan National Police (ANP) of the Afghani11 stan National Security Forces (ANSF), which 

12 ensure that a strong and fully-capable ANSF is 

13 able to independently and effectively conduct op14 erations and maintain security and stability in 

15 Afghanistan (hereinafter in this section referred 

16 to as ‘‘ANSF capacity-building’’). 

17 (B) Any actions to achieve the following 

18 goals with respect to ANSF capacity-building, 

19 and the results of such actions: 

20 (i) Improve coordination with all rel21 evant departments and agencies of the 

22 United States Government, as well as coun23 tries participating in the North Atlantic 

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1 ance Force (NATO–ISAF) and other inter2 national partners. 

3 (ii) Improve ANSF recruitment and 

4 retention, including through improved vet5 ting and salaries for ANSF. 

6 (iii) Increase and improve ANSF 

7 training and mentoring. 

8 (iv) Strengthen the partnership be9 tween the Governments of the United States 

10 and Afghanistan. 

11 (2) PROVINCIAL RECONSTRUCTION TEAMS AND

12 OTHER RECONSTRUCTION AND DEVELOPMENT ACTIVI13 TIES.—A description of the following: 

14 (A) A clear, comprehensive and effective 

15 long-term strategy and budget, with defined ob16 jectives, for activities relating to reconstruction 

17 and development in Afghanistan. 

18 (B) Any actions to achieve the following 

19 goals with respect to activities relating to recon20 struction and development in Afghanistan, and 

21 the results of such actions: 

22 (i) Improve coordination with all rel23 evant departments and agencies of the 

24 United States Government, as well as 

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1 NATO–ISAF countries and other inter2 national partners. 

3 (ii) Clarify a single chain of command 

4 and operations plans for provincial recon5 struction teams (PRTs) in Afghanistan. 

6 (iii) Increase staffing, particularly 

7 staffing of civilian specialists, and increase 

8 staff training for PRTs. 

9 (iv) Expand the National Solidarity 

10 Program and other efforts to develop the 

11 ability of the Afghan people to assume 

12 greater responsibility for their own recon13 struction and development projects. 

14 (v) Strengthen the partnership between 

15 the Governments of the United States and 

16 Afghanistan. 

17 (vi) Strengthen reconstruction and de18 velopment oversight activities, including 

19 implementation of any recommendations of 

20 the Special Inspector General for Afghani21 stan Reconstruction. 

22 (3) REGIONAL CONSIDERATIONS.—A description 

23 of any actions and the results of such actions to in24 crease cooperation with countries geographically lo25 cated around Afghanistan’s border, with a particular 

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1 focus on improving security and stability in the Af2 ghanistan-Pakistan border areas. 

3 (d) MATTERS TO BE INCLUDED: PERFORMANCE INDI4 CATORS AND MEASURES OF PROGRESS TOWARD SUSTAIN5 ABLE LONG-TERM SECURITY AND STABILITY IN AFGHANI6 STAN.— 

7 (1) IN GENERAL.—The report required by sub8 section (a) shall set forth, in a section separate from 

9 any other section of the report, a comprehensive set of 

10 performance indicators and measures of progress to11 ward sustainable long-term security and stability in 

12 Afghanistan, as specified in paragraph (2), and shall 

13 include performance standards and progress goals, to14 gether with a notional timetable for achieving such 

15 goals. 

16 (2) PERFORMANCE INDICATORS AND MEASURES

17 OF PROGRESS SPECIFIED.—The performance indica18 tors and measures of progress specified in this para19 graph shall include, at a minimum, the following: 

20 (A) Key measures of political stability re21 lating to both central and local Afghan govern22 ance. 

23 (B) An assessment of military operations of 

24 NATO–ISAF and NATO–ISAF countries, and 

25 an assessment of separate military operations by 

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1 United States forces. Such assessments shall in2 clude number of engagements per day, trends re3 lating to the numbers and types of hostile en4 counters, equipment used, effect of national cave5 ats that limit operations, geographic location of 

6 operations, and number of civilian casualties. 

7 (C) For the Afghanistan National Army 

8 (ANA), and separately for the Afghanistan Na9 tional Police (ANP), of the Afghanistan National 

10 Security Forces (ANSF) an assessment of the fol11 lowing: 

12 (i) Recruitment and retention num13 bers; rates of absenteeism; vetting procedures 

14 and mechanisms; salaries; numbers trained 

15 and mentored; type of training and men16 toring, including training and mentoring 

17 providers and numbers receiving classroom 

18 or field training; organizational force struc19 ture; equipment used; operational perform20 ance, including ANA and ANP that are (I) 

21 capable of conducting operations independ22 ently, (II) capable of conducting operations 

23 with the support of the United States, 

24 NATO-ISAF forces, or other Coalition 

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1 forces, or (III) not ready to conduct oper2 ations. 

3 (ii) Effectiveness of ANA or ANP offi4 cers and the ANA and ANP chain of com5 mand. 

6 (iii) Extent to which insurgents have 

7 infiltrated the ANA and ANP. 

8 (iv) Number of United States and Coa9 lition trainers, mentors, and advisors need10 ed to support the ANA and ANP and asso11 ciated ministries. 

12 (v) Estimated number and capability 

13 level of ANA and ANP needed to perform 

14 duties now undertaken by the United 

15 States, NATO-ISAF forces, and other Coali16 tion forces, including securing Afghanistan’s 

17 border with Pakistan and providing ade18 quate levels of law and order throughout Af19 ghanistan. 

20 (D) An assessment of the estimated strength 

21 of the insurgency in Afghanistan and the extent 

22 to which it is composed of non-Afghan fighters 

23 and utilizing weapons or weapons-related mate24 rials from counties other than Afghanistan. 

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1 (E) A description of all terrorist and insur2 gent groups operating in Afghanistan, including 

3 the number, size, equipment, strength, military 

4 effectiveness, sources of support, legal status, and 

5 any efforts to disarm or reintegrate each insur6 gent group. 

7 (F) An assessment of security and stability, 

8 including terrorist and insurgent activity, in Af9 ghanistan-Pakistan border areas and in Paki10 stan’s Federally Administered Tribal Areas 

11 (FATA). 

12 (G) An assessment of United States mili13 tary requirements, including planned force rota14 tions, through the end of calendar year 2008. 

15 (e) UPDATE OF REPORT.—Not later than 90 days after 

16 the submission of the report required by subsection (a), and 

17 every 90 days thereafter, the Secretary of Defense shall sub18 mit to the appropriate congressional committees an update 

19 of the report. 

20 (f) FORM.—The report required by subsection (a) and 

21 updates of the report required by subsection (e) shall be sub22 mitted in unclassified form, but may include a classified 

23 annex, if necessary. 

24 (g) CONGRESSIONAL BRIEFINGS.—The Secretary of 

25 Defense shall supplement the report required by subsection 

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1 (a) and updates of the report required by subsection (e) with 

2 regular briefings to the appropriate congressional commit3 tees on the subject matter of the report or updates of the 

4 report. 

5 (h) APPROPRIATE CONGRESSIONAL COMMITTEES DE6 FINED.—In this section, the term ‘‘appropriate congres7 sional committees’’ means— 

8 (1) the Committee on Armed Services, the Com9 mittee on Appropriations, and the Committee on For10 eign Affairs of the House of Representatives; and 

11 (2) the Committee on Armed Services, the Com12 mittee on Appropriations, and the Committee on For13 eign Relations of the Senate. 

14 SEC. 1233. REPORT ON PROGRESS OF THE DEPARTMENT OF 

15 DEFENSE’S COUNTER-NARCOTICS PROGRAM 

16 FOR AFGHANISTAN. 

17 (a) REPORT REQUIRED.—Not later than 90 days after 

18 the date of the enactment of this Act, the Secretary of De19 fense shall submit to Congress a report on— 

20 (1) the counter-narcotics objectives of the Depart21 ment of Defense for Afghanistan; and 

22 (2) the strategy for implementing such objectives. 

23 (b) MATTERS TO BE INCLUDED.—The report required 

24 by subsection (a) shall— 

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1 (1) identify the role and responsibilities of the 

2 Department of Defense in addressing any of the ap3 plicable five pillars that comprise the counter-nar4 cotics strategy and implementation plan for Afghani5 stan: public information, rural development (alter6 native livelihoods), elimination and eradication ac7 tivities, law enforcement and interdiction, and law 

8 enforcement and justice reform; 

9 (2) describe the strategic direction of activities of 

10 the Department of Defense relating to counter-nar11 cotics efforts in Afghanistan, and specifically include 

12 a description of— 

13 (A) a clear, comprehensive and effective 

14 long-term strategy and any planned budget, with 

15 defined objectives; and 

16 (B) actions that the Department of Defense 

17 has undertaken and has planned, to— 

18 (i) improve coordination with all rel19 evant departments and agencies of the 

20 United States Government; 

21 (ii) strengthen significantly the Af22 ghanistan National Counter-Narcotics Po23 lice; 

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1 (iii) build the capacity of the Afghan 

2 Government to assume greater responsibility 

3 for counter-narcotics related-activities; 

4 (iv) improve counter-narcotics intel5 ligence capabilities; 

6 (v) strengthen capabilities in support 

7 of narcotics-related interdiction activities; 

8 (vi) effectively address problems with 

9 any counter-narcotics strategies involving 

10 the Department of Defense; and 

11 (vii) address other elements of the ap12 plicable five pillars that comprise the 

13 counter-narcotics strategy and implementa14 tion plan for Afghanistan as described in 

15 paragraph (1); and 

16 (3) set forth, in a section separate from any 

17 other section of the report, a comprehensive set of per18 formance indicators and measures of progress for the 

19 Department of Defense’s programs relating to 

20 counter-narcotics efforts in Afghanistan, which shall 

21 include performance standards and progress goals, to22 gether with a notional timetable for achieving such 

23 goals. 

24 (c) UPDATE OF REPORT.—Not later than 90 days after 

25 the submission of the report required by subsection (a), and 

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1 every 90 days thereafter, the Secretary of Defense shall sub2 mit to Congress an update of the report. 

3 (d) CONCURRENT SUBMISSION OF REPORT.—The re4 port required by subsection (a) and updates of the report 

5 required by subsection (c) shall be submitted concurrently 

6 with the report required by section 1232 of this Act (relat7 ing to progress toward security and stability in Afghani8 stan). 

9 (e) FORM.—The report required by subsection (a) and 

10 updates of the report required by subsection (c) shall be sub11 mitted in unclassified form, but may include a classified 

12 annex, if necessary. 

13 SEC. 1234. UNITED STATES PLAN FOR SUSTAINING THE AF14 GHANISTAN NATIONAL SECURITY FORCES. 

15 (a) PLAN REQUIRED.—Not later than 90 days after 

16 the date of the enactment of this Act, the Secretary of De17 fense shall submit to the appropriate congressional commit18 tees a long-term detailed plan for sustaining the Afghani19 stan National Army and the Afghanistan National Police 

20 of the Afghanistan National Security Forces (ANSF). The 

21 plan required by this subsection shall ensure that a strong 

22 and fully-capable ANSF will be able to independently and 

23 effectively conduct operations and maintain long-term secu24 rity and stability in Afghanistan. 

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1 (b) COORDINATION.—The plan required by subsection 

2 (a) shall be prepared in coordination with the Secretary 

3 of State and the Attorney General. 

4 (c) MATTERS TO BE INCLUDED.—The plan required 

5 by subsection (a) shall include a description of the following 

6 matters relating to sustainability of the ANSF: 

7 (1) A clear, comprehensive and effective long8 term strategy and budget, with defined objectives. 

9 (2) A mechanism for tracking funding, including 

10 obligations and expenditures, as well as equipment, 

11 training, and services provided for the ANSF by the 

12 United States, countries participating in the North 

13 Atlantic Treaty Organization International Security 

14 Assistance Force (NATO-ISAF countries), and other 

15 international partners. 

16 (3) A comprehensive set of performance indica17 tors and measures of progress related to sustaining 

18 the ANSF, which shall include performance standards 

19 and progress goals, together with a notional timetable 

20 for achieving such goals. 

21 (4) Actions to achieve the following goals: 

22 (A) Effective Afghan security institutions 

23 with fully-capable leadership and staff, including 

24 a reformed Ministry of Interior, a fully-estab25 lished Ministry of Defense, and logistics, intelmstockstill on PROD1PC66 with BILLS

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1 ligence, medical, and recruiting units (ANSF2 sustaining institutions). 

3 (B) Fully-trained, equipped and capable 

4 ANSF in sufficient numbers. 

5 (C) Strong ANSF-readiness assessment tools 

6 and metrics. 

7 (D) A strong core of senior-level ANSF offi8 cers. 

9 (E) Strong ANSF communication and con10 trol between central command and regions, prov11 inces, and districts. 

12 (F) A robust mentoring and advising pro13 gram for the ANSF. 

14 (G) A strong professional military training 

15 and education program for all junior, mid-level, 

16 and senior ANSF officials. 

17 (H) Effective merit-based salary, rank, pro18 motion, and incentive structures for the ANSF. 

19 (I) An established code of professional 

20 standards for the ANSF. 

21 (J) A mechanism for incorporating lessons 

22 learned and best practices into ANSF operations. 

23 (K) An ANSF personnel accountability sys24 tem with effective internal discipline procedures 

25 and mechanisms. 

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1 (L) A system for addressing ANSF per2 sonnel complaints. 

3 (M) A strong record-keeping system to track 

4 ANSF equipment and personnel issues, and other 

5 ANSF oversight mechanisms. 

6 (5) Coordination with all relevant United States 

7 Government departments and agencies, as well as 

8 NATO-ISAF countries and other international part9 ners, including on— 

10 (A) funding; 

11 (B) reform and establishment of ANSF-sus12 taining institutions; and 

13 (C) efforts to ensure that progress on sus14 taining the ANSF is reinforced with progress in 

15 other pillars of the Afghan security sector, par16 ticularly progress on building an effective judici17 ary, curbing production and trafficking of illicit 

18 narcotics, and demobilizing, disarming, and re19 integrating militia fighters. 

20 (d) UPDATE OF PLAN.—Not later than 90 days after 

21 the submission of the plan required by subsection (a), and 

22 every 90 days thereafter, the Secretary of Defense, in coordi23 nation with the Secretary of State and the Attorney Gen24 eral, shall submit to the appropriate congressional commitmstockstill on PROD1PC66 with BILLS

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1 tees an update of the plan required by subsection (a), as 

2 necessary. 

3 (e) CONCURRENT SUBMISSION OF PLAN.—The plan re4 quired by subsection (a), and any update of the plan re5 quired by subsection (d), shall be submitted concurrently 

6 with the report required by section 1232 of this Act (relat7 ing to progress toward security and stability in Afghani8 stan). 

9 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means— 

12 (1) the Committee on Armed Services, the Com13 mittee on Appropriations, the Committee on Foreign 

14 Affairs, and the Committee on the Judiciary of the 

15 House of Representatives; and 

16 (2) the Committee on Armed Services, the Com17 mittee on Appropriations, the Committee on Foreign 

18 Relations, and the Committee on the Judiciary of the 

19 Senate. 

20 Subtitle D—Other Matters 

21 SEC. 1241. COOPERATIVE RESEARCH AND DEVELOPMENT 

22 AGREEMENTS: NATO ORGANIZATIONS; AL23 LIED AND FRIENDLY FOREIGN COUNTRIES. 

24 Subsection (e) of section 2350a of title 10, United 

25 States Code, is amended— 

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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘an arms cooperation op3 portunities document’’ each place it appears and 

4 inserting ‘‘a cooperative opportunities docu5 ment’’; and 

6 (B) in subparagraph (B), by striking ‘‘a 

7 Mission Need Statement’’ and inserting ‘‘an 

8 analysis of alternatives plan’’; and 

9 (2) in paragraph (2), by striking ‘‘An arms co10 operation opportunities document’’ and inserting ‘‘A 

11 cooperative opportunities document’’. 

12 SEC. 1242. EXTENSION OF COUNTERPROLIFERATION PRO13 GRAM REVIEW COMMITTEE. 

14 (a) MEMBERS.—Section 1605 of the National Defense 

15 Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 

16 note) is amended in subsection (a)(1)— 

17 (1) in subparagraph (C) by striking ‘‘Director of 

18 Central Intelligence’’ and inserting ‘‘Director of Na19 tional Intelligence’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(E) The Secretary of State. 

22 ‘‘(F) The Secretary of Homeland Security. 

23 ‘‘(G) The Secretary of Health and Human 

24 Services. 

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1 ‘‘(H) The Administrator of the Environ2 mental Protection Agency.’’. 

3 (b) ACCESS TO INFORMATION.—Subsection (d) of such 

4 section is amended by inserting after ‘‘Department of En5 ergy,’’ the following: ‘‘the Department of State, the Depart6 ment of Homeland Security, the Department of Health and 

7 Human Services, the Environmental Protection Agency,’’. 

8 (c) TERMINATION.—Subsection (f) of such section is 

9 amended by striking ‘‘2008’’ and inserting ‘‘2013’’. 

10 (d) SUBMISSION OF REPORT.—Section 1503 of the Na11 tional Defense Authorization Act for Fiscal Year 1995 (22 

12 U.S.C. 2751 note) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘ANNUAL’’ and inserting 

15 ‘‘BIENNIAL’’; and 

16 (B) by striking ‘‘May 1 each year’’ and in17 serting ‘‘March 1 each odd-numbered year’’; and 

18 (2) in subsection (b)(5)— 

19 (A) by striking ‘‘fiscal year preceding’’ and 

20 inserting ‘‘two fiscal years preceding’’; and 

21 (B) by striking ‘‘preceding fiscal year’’ and 

22 inserting ‘‘preceding fiscal years’’. 

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1 SEC. 1243. SENSE OF CONGRESS CONCERNING THE WEST2 ERN HEMISPHERE INSTITUTE FOR SECURITY 

3 COOPERATION. 

4 It is the sense of Congress that— 

5 (1) the education and training facility of the De6 partment of Defense known as the Western Hemi7 sphere Institute for Security Cooperation is suc8 ceeding in meeting its stated mission of providing 

9 professional education and training to eligible mili10 tary personnel, law enforcement officials, and civil11 ians of nations of the Western Hemisphere that sup12 port the democratic principles set forth in the Charter 

13 of the Organization of American States, while fos14 tering mutual knowledge, transparency, confidence, 

15 and cooperation among the participating nations and 

16 promoting democratic values and respect for human 

17 rights; and 

18 (2) therefore, the Institute is an invaluable edu19 cation and training facility which the Department of 

20 Defense should continue to utilize in order to help fos21 ter a spirit of partnership and interoperability 

22 among the United States military and the militaries 

23 of participating nations. 

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1 SEC. 1244. SENSE OF CONGRESS CONCERNING THE STRA2 TEGIC MILITARY CAPABILITIES AND INTEN3 TIONS OF THE PEOPLE’S REPUBLIC OF 

4 CHINA. 

5 It is the sense of Congress that— 

6 (1) United States military war-fighting capa7 bilities are potentially threatened by the strategic 

8 military capabilities and intentions of the People’s 

9 Republic of China, as demonstrated by— 

10 (A) the October 2006 undetected broach of a 

11 Chinese SONG-class diesel-electric submarine in 

12 close proximity of the USS Kitty Hawk in inter13 national waters; and 

14 (B) the January 2007 test of a direct ascent 

15 anti-satellite (ASAT) weapon, posing a potential 

16 threat to United States military assets in space; 

17 (2) it is in the national security interests of the 

18 United States to make every effort to understand Chi19 na’s strategic military capabilities and intentions; 

20 and 

21 (3) as part of such an effort, the Secretary of De22 fense should expand efforts to develop an accurate as23 sessment of China’s strategic military modernization, 

24 particularly with regard to its sea- and space-based 

25 strategic capabilities. 

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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1304. Requirements relating to chemical weapons destruction at Shchuch’ye, 

Russia. 

Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. 

Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the 

former Soviet Union. 

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Coop9 erative Threat Reduction programs are the programs speci10 fied in section 1501(b) of the National Defense Authoriza11 tion Act for Fiscal Year 1997 (Public Law 104-201; 110 

12 Stat. 2731; 50 U.S.C. 2362 note). 

13 (b) FISCAL YEAR 2008 COOPERATIVE THREAT REDUC14 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis15 cal year 2008 Cooperative Threat Reduction funds’’ means 

16 the funds appropriated pursuant to the authorization of ap17 propriations in section 301 for Cooperative Threat Reduc18 tion programs. 

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

20 pursuant to the authorization of appropriations in section 

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1 301 for Cooperative Threat Reduction programs shall be 

2 available for obligation for three fiscal years. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $398,000,000 authorized to be appropriated to the Depart6 ment of Defense for fiscal year 2008 in section 301(19) for 

7 Cooperative Threat Reduction programs, the following 

8 amounts may be obligated for the purposes specified: 

9 (1) For strategic offensive arms elimination in 

10 the Russian Federation, $77,900,000. 

11 (2) For nuclear weapons storage security in Rus12 sia, $23,000,000. 

13 (3) For nuclear weapons transportation security 

14 in Russia, $37,700,000. 

15 (4) For weapons of mass destruction prolifera16 tion prevention in the states of the former Soviet 

17 Union, $38,000,000. 

18 (5) For biological weapons proliferation preven19 tion in the former Soviet Union, $144,400,000. 

20 (6) For chemical weapons destruction in Russia, 

21 $42,700,000. 

22 (7) For defense and military contacts, 

23 $8,000,000. 

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1 tive Threat Reduction programs and projects, 

2 $7,000,000. 

3 (9) For activities designated as Other Assess4 ments/Administration costs, $19,300,000, of which 

5 $300,000 is to expand staff capacity, capabilities, and 

6 resources necessary for activities related to new Coop7 erative Threat Reduction initiatives authorized under 

8 paragraph (8). 

9 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

10 FUNDS FOR OTHER PURPOSES.—No fiscal year 2008 Coop11 erative Threat Reduction funds may be obligated or ex12 pended for a purpose other than a purpose listed in para13 graphs (1) through (9) of subsection (a) until 30 days after 

14 the date that the Secretary of Defense submits to Congress 

15 a report on the purpose for which the funds will be obligated 

16 or expended and the amount of funds to be obligated or ex17 pended. Nothing in the preceding sentence shall be construed 

18 as authorizing the obligation or expenditure of fiscal year 

19 2008 Cooperative Threat Reduction funds for a purpose for 

20 which the obligation or expenditure of such funds is specifi21 cally prohibited under this title or any other provision of 

22 law. 

23 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

24 AMOUNTS.— 

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1 (1) IN GENERAL.—Subject to paragraphs (2) and 

2 (3), in any case in which the Secretary of Defense de3 termines that it is necessary to do so in the national 

4 interest, the Secretary may obligate amounts appro5 priated for fiscal year 2008 for a purpose listed in 

6 any of the paragraphs in subsection (a) in excess of 

7 the specific amount authorized for that purpose. 

8 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

9 of funds for a purpose stated in any of the para10 graphs in subsection (a) in excess of the specific 

11 amount authorized for such purpose may be made 

12 using the authority provided in paragraph (1) only 

13 after— 

14 (A) the Secretary submits to Congress noti15 fication of the intent to do so together with a 

16 complete discussion of the justification for doing 

17 so; and 

18 (B) 15 days have elapsed following the date 

19 of the notification. 

20 (3) RESTRICTION.—The Secretary may not, 

21 under the authority provided in paragraph (1), obli22 gate amounts for a purpose stated in any of para23 graphs (6) through (9) of subsection (a) in excess of 

24 125 percent of the specific amount authorized for such 

25 purpose. 

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1 SEC. 1303. NEW INITIATIVES FOR THE COOPERATIVE 

2 THREAT REDUCTION PROGRAM. 

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) the Department of Defense Cooperative 

6 Threat Reduction (CTR) Program should be strength7 ened and expanded, in part by developing new CTR 

8 initiatives; 

9 (2) such new initiatives should— 

10 (A) increase international security and 

11 threat reduction cooperation, capacity building, 

12 and security and elimination of nuclear, chem13 ical, and biological weapons and weapons-related 

14 materials that pose a threat to United States na15 tional security interests; 

16 (B) be well-coordinated with the Depart17 ment of Energy, the Department of State, and 

18 any other relevant United States Government 

19 agency or department; 

20 (C) include robust transparency, account21 ability, verification measures and mechanisms, 

22 and legal frameworks between the United States 

23 and CTR partner countries; 

24 (D) reflect engagement with non-govern25 mental experts, including the National Academy 

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1 of Sciences, on possible options for strengthening 

2 and expanding the CTR Program; 

3 (E) include active work with the Russian 

4 Federation and other countries to establish 

5 strong CTR partnerships that, among other 

6 things— 

7 (i) increase the role of scientists and 

8 government officials from Russia and other 

9 partner countries in designing CTR pro10 grams and projects; and 

11 (ii) increase financial contributions 

12 and additional commitments to CTR pro13 grams and projects from Russia and other 

14 partner countries, as evidence that the pro15 grams and projects reflect national prior16 ities and will be sustainable; 

17 (F) benefit from broad efforts to increase 

18 international contributions, in addition to con19 tributions from CTR partner countries, for CTR 

20 programs and projects; 

21 (G) incorporate a strong focus on national 

22 programs and sustainability, which includes ac23 tions to address concerns raised and rec24 ommendations made by the Government Ac25 countability Office, in its report of February 

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1 2007 titled ‘‘Progress Made in Improving Secu2 rity at Russian Nuclear Sites, but the Long3 Term Sustainability of U.S. Funded Security 

4 Upgrades is Uncertain’’, regarding safeguarding 

5 nuclear warheads and materials; 

6 (H) demonstrate an increased focus on and 

7 development of CTR programs and projects that 

8 eliminate and secure nuclear, chemical, and bio9 logical weapons and weapons-related materials 

10 at the source; and 

11 (I) include active efforts to expand the scope 

12 of existing CTR programs and projects and de13 velop new CTR programs and projects in Russia 

14 and the former Soviet Union, and in countries 

15 and regions outside the former Soviet Union, 

16 where appropriate and in the interest of United 

17 States national security; and 

18 (3) such new initiatives could include— 

19 (A) new CTR programs and projects in 

20 Asia and the Middle East; 

21 (B) activities relating to the 

22 denuclearization of the Democratic People’s Re23 public on Korea and security of the Korean pe24 ninsula; and 

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1 (C) development of rapid-response and 

2 short-term capabilities to respond to unforeseen 

3 contingencies or pursue quickly emergent oppor4 tunities. 

5 (b) NATIONAL ACADEMY OF SCIENCES STUDY.— 

6 (1) STUDY.—Not later than 30 days after the 

7 date of the enactment of this Act, the Secretary of De8 fense shall enter into an arrangement with the Na9 tional Academy of Sciences under which the Academy 

10 shall carry out a study to analyze options for 

11 strengthening and expanding the CTR Program. 

12 (2) MATTERS TO BE INCLUDED IN STUDY.—The 

13 Secretary shall provide for the study under paragraph 

14 (1) to include— 

15 (A) an assessment of each new CTR initia16 tive described in subsection (a); and 

17 (B) an identification of options and formu18 lation of recommendations for strengthening and 

19 expanding the CTR Program. 

20 (c) SECRETARY OF DEFENSE REPORT.— 

21 (1) IN GENERAL.—Not later than March 31, 

22 2008, the Secretary of Defense shall submit to the con23 gressional defense committees, and to the Committee 

24 on Foreign Relations of the Senate and the Committee 

25 on Foreign Affairs of the House of Representatives, a 

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1 report on new CTR initiatives. The report shall in2 clude— 

3 (A) the results of the study carried out 

4 under subsection (b), including any report or 

5 other document received from the National Acad6 emy of Sciences with respect to such study; 

7 (B) the Secretary’s assessment of the study; 

8 and 

9 (C) a specific action plan for the develop10 ment and implementation of new CTR initia11 tives and the use of any funds authorized and 

12 appropriated for fiscal year 2008 for such initia13 tives, which shall include a discussion of each 

14 new CTR initiative described in subsection (a) 

15 and the action plan for implementing the rec16 ommendations, if any, of the study carried out 

17 under subsection (b) that the Secretary has de18 cided to pursue. 

19 (2) CLASSIFICATION.—The report shall be in un20 classified form but may include a classified annex if 

21 necessary. 

22 (d) FUNDING.—Of the amounts made available pursu23 ant to the authorization of appropriations in section 

24 301(19) for new CTR initiatives under the CTR Program, 

25 $1,000,000 shall be available to carry out this section. 

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1 SEC. 1304. REQUIREMENTS RELATING TO CHEMICAL WEAP2 ONS DESTRUCTION AT SHCHUCH’YE, RUSSIA. 

3 (a) NOTICE OF AGREEMENT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the commencement of negotiations for, or the signing 

6 and finalization of, an agreement described in para7 graph (2), the Secretary of Defense shall provide the 

8 congressional defense committees with formal written 

9 notice of the commencement of negotiations for that 

10 agreement or the signing or finalization of that agree11 ment, as the case may be. 

12 (2) AGREEMENT.—Paragraph (1) applies to any 

13 agreement with the Russian Federation, the imple14 mentation of which would have the effect of— 

15 (A) transferring to Russia any responsibil16 ities relating to the scope of work for the 

17 Shchuch’ye project that are, as of the date of the 

18 enactment of this Act, responsibilities of the De19 partment of Defense; or 

20 (B) otherwise changing the implementation 

21 of the project in any manner inconsistent with 

22 the purpose and intent of the amounts author23 ized and appropriated for the project. 

24 (b) REPORT REQUIRED.—Not later than 60 days after 

25 the date of the enactment of this Act, the Secretary of De26 fense shall submit to the congressional defense committees 

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1 a report on the Shchuch’ye project. The report shall in2 clude— 

3 (1) a current and detailed cost estimate for com4 pletion of the project; and 

5 (2) a specific strategic and operating plan for 

6 completion of the project, which includes— 

7 (A) active engagement with Russia on se8 curing appropriate contractors and other mat9 ters relating to project completion; 

10 (B) a comprehensive assessment of alter11 native contracting options; 

12 (C) robust Department project management 

13 and oversight, including management and over14 sight with respect to the performance of any con15 tractors; 

16 (D) project quality assurance and sustain17 ability measures, including measures to ensure 

18 security of the chemical weapons stockpile at the 

19 project site; 

20 (E) metrics for measuring project progress 

21 with a timetable for achieving goals; 

22 (F) coordination of the Department’s efforts 

23 relating to the project with the Department of 

24 Energy and other departments or agencies of the 

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1 ners, and non-governmental experts who may be 

2 helpful in facilitating the project; and 

3 (G) a project completion date. 

4 (c) SUBMISSIONS REQUIRED BEFORE IMPLEMENTA5 TION OF AGREEMENT.—The Secretary of Defense may not 

6 implement any agreement described in subsection (a)(2) 

7 until 90 days after the date on which the Secretary has 

8 submitted to the congressional defense committees all of the 

9 following: 

10 (1) The report required by subsection (b). 

11 (2) A copy of the signed and finalized agreement. 

12 (3) The Secretary’s certification that the signed 

13 and finalized agreement accomplishes each of the fol14 lowing: 

15 (A) Describes the respective responsibilities 

16 of the Department and Russia relating to com17 pletion of the Shchuch’ye project, including in 

18 the areas of management, oversight, implementa19 tion, security, quality assurance, and sustain20 ability. 

21 (B) Specifies the date of project completion. 

22 (C) Provides the safeguards needed to ensure 

23 timely and effective project completion. 

24 (D) Ensures that the chemical weapons 

25 stockpile at the project site is secure. 

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1 (d) CONGRESSIONAL BRIEFINGS.—The Secretary of 

2 Defense shall supplement the report required by subsection 

3 (b) with regular briefings to the congressional defense com4 mittees on the subject matter of the report. 

5 (e) DEFINITION.—In this section, the terms 

6 ‘‘Shchuch’ye project’’ and ‘‘project’’ mean the Cooperative 

7 Threat Reduction (CTR) Program chemical weapons de8 struction project located in the area of Shchuch’ye in Rus9 sia. 

10 SEC. 1305. REPEAL OF RESTRICTIONS ON COOPERATIVE 

11 THREAT REDUCTION PROGRAM. 

12 (a) SOVIET NUCLEAR THREAT REDUCTION ACT OF

13 1991.—Section 211(b) of the Soviet Nuclear Threat Reduc14 tion Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 

15 2551 note) is repealed. 

16 (b) COOPERATIVE THREAT REDUCTION ACT OF

17 1993.—Section 1203(d) of the Cooperative Threat Reduc18 tion Act of 1993 (title XII of Public Law 103-160; 22 

19 U.S.C. 5952(d)) is repealed. 

20 (c) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FA21 CILITIES.—Section 1305 of the National Defense Authoriza22 tion Act for Fiscal Year 2000 (Public Law 106-65; 22 

23 U.S.C. 5952 note) is repealed. 

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1 SEC. 1306. AUTHORITY TO USE COOPERATIVE THREAT RE2 DUCTION FUNDS OUTSIDE THE FORMER SO3 VIET UNION. 

4 (a) MODIFICATION OF CERTIFICATION REQUIRE5 MENT.—Section 1308 of the National Defense Authorization 

6 Act for Fiscal Year 2004 (Public Law 108-136; 22 U.S.C. 

7 5963) is amended in subsection (a)— 

8 (1) by striking ‘‘the President may’’ and insert9 ing ‘‘the Secretary of Defense may’’; and 

10 (2) by striking ‘‘if the President’’ and inserting 

11 ‘‘if the Secretary of Defense, with the concurrence of 

12 the Secretary of State,’’. 

13 (b) REPEAL OF FUNDING LIMITATION.—Section 1308 

14 of that Act is further amended by striking subsection (c). 

15 (c) CONGRESSIONAL NOTICE REQUIREMENT.—Section 

16 1308 of that Act is further amended in subsection (d)— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘The President may not’’ 

19 and inserting ‘‘The Secretary of Defense may 

20 not’’; and 

21 (B) by striking ‘‘until the President’’ and 

22 inserting ‘‘until the Secretary of Defense’’; 

23 (2) in paragraph (2)— 

24 (A) by striking ‘‘Not later than 10 days 

25 after’’ and inserting ‘‘Not later than 15 days 

26 prior to’’; 

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1 (B) by striking ‘‘the President shall’’ and 

2 inserting ‘‘the Secretary of Defense shall’’; and 

3 (C) by striking ‘‘Congress’’ and inserting 

4 ‘‘the Committee on Armed Services and the Com5 mittee on Foreign Affairs of the House of Rep6 resentatives and the Committee on Armed Serv7 ices and Committee on Foreign Relations of the 

8 Senate’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(3) In the case of a situation that threatens human 

11 life or safety or where a delay would severely undermine 

12 the national security of the United States, notification 

13 under paragraph (2) shall be made not later than 10 days 

14 after obligating funds under the authority in subsection (a) 

15 for a project or activity.’’. 

16 TITLE XIV—WOUNDED WARRIOR 

17 ASSISTANCE 

Sec. 1401. Definitions. 

Subtitle A—Improved Assistance for Wounded Warriors 

Sec. 1411. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. 

Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medicalrelated support facilities and expedited response to reports of deficiencies. 

Sec. 1414. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 1415. Independent medical advocate for members before medical evaluation 

boards. 

Sec. 1416. Training and workload for physical evaluation board liaison officers. 

Sec. 1417. Standardized training program and curriculum for Department of Defense disability evaluation system. 

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Sec. 1418. Improved training for health care professionals, medical care case 

managers, and service member advocates on particular conditions of recovering service members. 

Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at 

an appropriate active duty base. 

Sec. 1420. Criteria for removal of member from temporary disability retired list. 

Sec. 1421. Improved transition of members of the Armed Forces to Department 

of Veterans Affairs upon retirement or separation. 

Sec. 1422. Establishment of Medical Support Fund for support of members of the 

Armed Forces returning to military service or civilian life. 

Sec. 1423. Oversight Board for Wounded Warriors. 

Sec. 1424. Option for members of reserve components to use military medical 

treatment facilities closest to home for certain injuries. 

Sec. 1425. Plans and research for reducing post traumatic stress disorder. 

Subtitle B—Studies and Reports 

Sec. 1431. Annual report on military medical facilities. 

Sec. 1432. Access of recovering service members to adequate outpatient residential 

facilities. 

Sec. 1433. Evaluation and report on Department of Defense and Department of 

Veterans Affairs disability evaluation systems. 

Sec. 1434. Study and report on support services for families of recovering service 

members. 

Sec. 1435. Report on traumatic brain injury classifications. 

Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer Program. 

Sec. 1437. Study and report on standard soldier patient tracking system. 

Sec. 1438. Study and report on waiting periods for appointments at Department 

of Veterans Affairs medical facilities. 

Subtitle C—General Provisions 

Sec. 1451. Moratorium on conversion to contractor performance of Department of 

Defense functions at military medical facilities. 

Sec. 1452. Prohibition on transfer of resources from medical care. 

Sec. 1453. Increase in physicians at hospitals of the Department of Veterans Affairs. 

1 SEC. 1401. DEFINITIONS. 

2 In this title: 

3 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

4 The term ‘‘congressional defense committees’’ has the 

5 meaning given that term in section 101(a)(16) of title 

6 10, United States Code. 

7 (2) DISABILITY EVALUATION SYSTEM.—The term 

8 ‘‘disability evaluation system’’ means the Department 

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1 of Defense system or process for evaluating the nature 

2 of and extent of disabilities affecting members of the 

3 armed forces (other than the Coast Guard) and com4 prised of medical evaluation boards, physical evalua5 tion boards, counseling of members, and final disposi6 tion by appropriate personnel authorities, as operated 

7 by the Secretaries of the military departments, and, 

8 in the case of the Coast Guard, a similar system or 

9 process operated by the Secretary of Homeland Secu10 rity. 

11 (3) FAMILY MEMBER.—The term ‘‘family mem12 ber’’, with respect to a recovering service member, has 

13 the meaning given that term in section 411h(b) of 

14 title 37, United States Code. 

15 (4) RECOVERING SERVICE MEMBER.—The term 

16 ‘‘recovering service member’’ means a member of the 

17 Armed Forces, including a member of the National 

18 Guard or a Reserve, who is undergoing medical treat19 ment, recuperation, or therapy, or is otherwise in 

20 medical hold or holdover status, for an injury, illness, 

21 or disease incurred or aggravated while on active 

22 duty in the Armed Forces. 

23 (5) MEDICAL CARE.—The term ‘‘medical care’’ 

24 includes mental health care. 

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1 Subtitle A—Improved Assistance for 

2 Wounded Warriors 

3 SEC. 1411. IMPROVEMENTS TO MEDICAL AND DENTAL CARE 

4 FOR MEMBERS OF THE ARMED FORCES AS5 SIGNED TO HOSPITALS IN AN OUTPATIENT 

6 STATUS. 

7 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS8 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.— 

9 (1) IN GENERAL.—Chapter 55 of title 10, United 

10 States Code, is amended by inserting after section 

11 1074k the following new section: 

12 ‘‘§ 1074l. Management of medical and dental care: 

13 members assigned to receive care in an 

14 outpatient status 

15 ‘‘(a) MEDICAL CARE CASE MANAGERS.—(1) A member 

16 in an outpatient status at a military medical treatment 

17 facility shall be assigned a medical care case manager. 

18 ‘‘(2)(A) The duties of the medical care case manager 

19 shall include the following with respect to the member (or 

20 the member’s immediate family if the member is incapable 

21 of making judgments about personal medical care): 

22 ‘‘(i) To assist in understanding the member’s 

23 medical status. 

24 ‘‘(ii) To assist in receiving prescribed medical 

25 care. 

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1 ‘‘(iii) To conduct a review, at least once a week, 

2 of the member’s medical status. 

3 ‘‘(B) The weekly medical status review described in 

4 subparagraph (A)(iii) shall be conducted in person with the 

5 member. If such a review is not practicable, the medical 

6 care case manager shall provide a written statement to the 

7 case manager’s supervisor indicating why an in-person 

8 medical status review was not possible. 

9 ‘‘(3)(A) Except as provided in subparagraph (B), each 

10 medical care case manager shall be assigned to manage not 

11 more than 17 members in an outpatient status. 

12 ‘‘(B) The Secretary concerned may waive for up to 120 

13 days the requirement of subparagraph (A) if required due 

14 to unforeseen circumstances. 

15 ‘‘(4)(A) The medical care case manager office at each 

16 facility shall be headed by a commissioned officer of appro17 priate rank and appropriate military occupation specialty, 

18 designator, or specialty code. 

19 ‘‘(B) For purposes of subparagraph (A), an appro20 priate military occupation specialty, designator, or spe21 cialty code includes membership in the Army Medical 

22 Corps, Army Medical Service Corps, Army Nurse Corps, 

23 Navy Medical Corps, Navy Medical Service Corps, Navy 

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1 prised of health care professionals at the discretion of the 

2 Secretary of Defense. 

3 ‘‘(5) The Secretary of Defense shall establish a stand4 ard training program and curriculum for medical care case 

5 managers. Successful completion of the training program 

6 is required before a person may assume the duties of a med7 ical care case manager. 

8 ‘‘(6) The Secretary concerned shall ensure that medical 

9 care case managers have the resources necessary to ensure 

10 that they expeditiously carry out the responsibilities and 

11 duties of their position. 

12 ‘‘(b) SERVICE MEMBER ADVOCATE.—(1) A member in 

13 an outpatient status shall be assigned a service member ad14 vocate. 

15 ‘‘(2) The duties of the service member advocate shall 

16 include— 

17 ‘‘(A) communicating with the member and with 

18 the member’s family or other individuals designated 

19 by the member; 

20 ‘‘(B) assisting with oversight of the member’s 

21 welfare and quality of life; and 

22 ‘‘(C) assisting the member in resolving problems 

23 involving financial, administrative, personnel, transi24 tional, and other matters. 

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1 ‘‘(3)(A) Except as provided in subparagraph (B), each 

2 service member advocate shall be assigned to not more than 

3 30 members in an outpatient status. 

4 ‘‘(B) The Secretary concerned may waive for up to 120 

5 days the requirement of subparagraph (A) if required due 

6 to unforeseen circumstances. 

7 ‘‘(4) The service member advocate office at each facility 

8 shall be headed by a commissioned officer of appropriate 

9 rank and appropriate military occupation specialty, desig10 nator, or specialty code in order to handle service-specific 

11 personnel and financial issues. 

12 ‘‘(5) The Secretary of Defense shall establish a stand13 ard training program and curriculum for service member 

14 advocates. Successful completion of the training program 

15 is required before a person may assume the duties of a serv16 ice member advocate. 

17 ‘‘(6) A service member advocate shall continue to per18 form the duties described in paragraph (2) with respect to 

19 a member until the member is returned to duty or separated 

20 or retired from the armed forces. 

21 ‘‘(7) The Secretary concerned shall ensure that service 

22 member advocates have the resources necessary to ensure 

23 that they expeditiously carry out the responsibilities and 

24 duties of their position. 

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1 ‘‘(c) OUTREACH.—The Secretary of Defense shall make 

2 available to each member in an outpatient status at a mili3 tary medical treatment facility, and to the family members 

4 of all such members, information on the availability of serv5 ices provided by the medical care case managers and service 

6 member advocates, including information on how to contact 

7 such managers and advocates and how to use their services. 

8 ‘‘(d) SEMIANNUAL SURVEYS BY SECRETARIES CON9 CERNED.—The Secretary concerned shall conduct a semi10 annual survey of members in an outpatient status at instal11 lations under the Secretary’s supervision. The survey shall 

12 include, at a minimum, the members’ assessment of the 

13 quality of medical care at the facility, the timeliness of med14 ical care at the facility, the adequacy of living facilities 

15 and other quality of life programs, the adequacy of case 

16 management support, and the fairness and timeliness of the 

17 physical disability evaluation system. The survey shall be 

18 conducted in coordination with installation medical com19 manders and authorities, and shall be coordinated with 

20 such commanders and authorities before submission to the 

21 Secretary. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘member in an outpatient status’ 

24 means a member of the armed forces assigned to a 

25 military medical treatment facility as an outpatient 

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1 or to a unit established for the purpose of providing 

2 command and control of members receiving medical 

3 care as outpatients. 

4 ‘‘(2) The term ‘disability evaluation system’ 

5 means the Department of Defense system or process 

6 for evaluating the nature of and extent of disabilities 

7 affecting members of the armed forces (other than the 

8 Coast Guard) and comprised of medical evaluation 

9 boards, physical evaluation boards, counseling of 

10 members, and final disposition by appropriate per11 sonnel authorities, as operated by the Secretaries of 

12 the military departments, and, in the case of the 

13 Coast Guard, a similar system or process operated by 

14 the Secretary of Homeland Security.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended by 

17 adding at the end the following new item: 

‘‘1074l. Management of medical and dental care: members assigned to receive care 

in an outpatient status.’’. 

18 (b) EFFECTIVE DATE.—Section 1074l of title 10, 

19 United States Code, as added by subsection (a), shall take 

20 effect 180 days after the date of the enactment of this Act. 

21 SEC. 1412. ESTABLISHMENT OF A DEPARTMENT OF DE22 FENSE-WIDE OMBUDSMAN OFFICE. 

23 (a) ESTABLISHMENT.—The Secretary of Defense shall 

24 establish a Department of Defense-wide Ombudsman Office 

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1 (in this section referred to as the ‘‘Ombudsman Office’’) 

2 within the Office of the Secretary of Defense. 

3 (b) FUNCTIONS.— 

4 (1) IN GENERAL.—The functions of the Ombuds5 man Office are to provide policy guidance to, and 

6 oversight of, the ombudsman offices in the military 

7 departments. 

8 (2) POLICY GUIDANCE.—The Ombudsman Office 

9 shall develop policy guidance with respect to the fol10 lowing: 

11 (A) Providing assistance to and answering 

12 questions from recovering service members and 

13 their families regarding— 

14 (i) administrative processes, financial 

15 matters, and non-military related services 

16 available to the members and their families 

17 throughout the member’s evaluation, treat18 ment, and recovery; 

19 (ii) transfer to the care of the Depart20 ment of Veterans Affairs; and 

21 (iii) support services available upon 

22 the member’s return home. 

23 (B) Accountability standards, including— 

24 (i) creating and maintaining case files 

25 for individual specific questions received, 

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1 and initiating inquiries and tracking re2 sponses for all such questions; 

3 (ii) setting standards for timeliness of 

4 responses; and 

5 (iii) setting standards for account6 ability to recovering service members and 

7 their families, including requirements for 

8 daily updates to the members and their 

9 families about steps being taken to alleviate 

10 problems and concerns until problems are 

11 addressed. 

12 (c) STATUS REPORTS.—The ombudsman office in each 

13 military department shall submit status reports of actions 

14 taken to address individual concerns to the Ombudsman Of15 fice, at such times as the Ombudsman Office considers ap16 propriate. 

17 (d) RESPONSES FROM OTHER OFFICES.—The Sec18 retary of Defense shall ensure that all other offices within 

19 the Department of Defense and the military departments 

20 respond in a timely manner to resolve questions and re21 quests from the Ombudsman Office on behalf of recovering 

22 service members and their families, including offices respon23 sible for medical matters (including medical holdover proc24 esses), financial and accounting matters, legal matters, 

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1 stallation and management matters, and physical dis2 ability matters. 

3 (e) STAFF OF THE OFFICE.—The staff of the Ombuds4 man Office shall include representatives from each military 

5 department, including persons with experience in medical 

6 holdover processes and other medical matters. 

7 SEC. 1413. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR 

8 REPORTING DEFICIENCIES IN MEDICAL-RE9 LATED SUPPORT FACILITIES AND EXPEDITED 

10 RESPONSE TO REPORTS OF DEFICIENCIES. 

11 (a) ESTABLISHMENT.—Chapter 80 of title 10, United 

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

13 new section: 

14 ‘‘§ 1567. Identification and investigation of defi15 ciencies in adequacy, quality, and state of 

16 repair of medical-related support facili17 ties 

18 ‘‘(a) TOLL-FREE HOT LINE.—The Secretary of De19 fense shall establish and maintain a toll-free telephone num20 ber (commonly referred to as a ‘hot line’) at which personnel 

21 are accessible at all times to collect, maintain, and update 

22 information regarding possible deficiencies in the adequacy, 

23 quality, and state of repair of medical-related support fa24 cilities. The Secretary shall widely disseminate information 

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1 phone number to members of the armed forces and their 

2 dependents. 

3 ‘‘(b) CONFIDENTIALITY.—(1) Individuals who seek to 

4 provide information through use of the toll-free telephone 

5 number under subsection (a) shall be notified, immediately 

6 before they provide such information, of their option to 

7 elect, at their discretion, to have their identity remain con8 fidential. 

9 ‘‘(2) In the case of information provided through use 

10 of the toll-free telephone number by an individual who elects 

11 to maintain the confidentiality of his or her identity, any 

12 individual who, by necessity, has had access to such infor13 mation for purposes of conducting the investigation or exe14 cuting the response plan required by subsection (c) may not 

15 disclose the identity of the individual who provided the in16 formation. 

17 ‘‘(c) INVESTIGATION AND RESPONSE PLAN.—Not later 

18 than 96 hours after a report of deficiencies in the adequacy, 

19 quality, or state of repair of a medical-related support facil20 ity is received by way of the toll-free telephone number or 

21 other source, the Secretary of Defense shall ensure that— 

22 ‘‘(1) the deficiencies referred to in the report are 

23 investigated; and 

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1 ‘‘(2) if substantiated, a plan of action for reme2 diation of the deficiencies is developed and imple3 mented. 

4 ‘‘(d) RELOCATION.—If the Secretary of Defense deter5 mines, on the basis of the investigation conducted in re6 sponse to a report of deficiencies at a medical-related sup7 port facility, that conditions at the facility violate health 

8 and safety standards, the Secretary shall relocate the occu9 pants of the facility while the violations are corrected. 

10 ‘‘(e) MEDICAL-RELATED SUPPORT FACILITY DE11 FINED.—In this section, the term ‘medical-related support 

12 facility’ means any facility of the Department of Defense 

13 that provides support to any of the following: 

14 ‘‘(1) Members of the armed forces admitted for 

15 treatment to a military medical treatment facility. 

16 ‘‘(2) Members of the armed forces assigned to a 

17 military medical treatment facility as an outpatient. 

18 ‘‘(3) Family members accompanying any mem19 ber described in paragraph (1) or (2) as a nonmed20 ical attendant.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of such chapter is amended by adding at the 

23 end the following new item: 

‘‘1567. Identification and investigation of deficiencies in adequacy, quality, and 

state of repair of medical-related support facilities.’’. 

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1 (c) EFFECTIVE DATE.—The toll-free telephone number 

2 required to be established by section 1567 of title 10, United 

3 States Code, as added by subsection (a), shall be fully oper4 ational not later than 180 days after the date of the enact5 ment of this Act. 

6 SEC. 1414. NOTIFICATION TO CONGRESS OF HOSPITALIZA7 TION OF COMBAT WOUNDED SERVICE MEM8 BERS. 

9 (a) NOTIFICATION REQUIRED.—Chapter 55 of title 10, 

10 United States Code, is further amended by inserting after 

11 section 1074l the following new section: 

12 ‘‘§ 1074m. Notification to Congress of hospitalization 

13 of combat wounded members 

14 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con15 cerned shall provide notification of the hospitalization of 

16 any member of the armed forces evacuated from a theater 

17 of combat to the appropriate Members of Congress. 

18 ‘‘(b) APPROPRIATE MEMBERS.—In this section, the 

19 term ‘appropriate Members of Congress’, with respect to the 

20 member of the armed forces about whom notification is 

21 being made, means the Senators and the Members of the 

22 House of Representatives representing the States or dis23 tricts, respectively, that include the member’s home of record 

24 and, if different, the residence of the next of kin, or a dif25 ferent location as provided by the member. 

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1 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifica2 tion under subsection (a) may be provided only with the 

3 consent of the member of the armed forces about whom noti4 fication is to be made. In the case of a member who is un5 able to provide consent, information and consent may be 

6 provided by next of kin.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by adding at the 

9 end the following new item: 

‘‘1074m. Notification to Congress of hospitalization of combat wounded members.’’. 

10 SEC. 1415. INDEPENDENT MEDICAL ADVOCATE FOR MEM11 BERS BEFORE MEDICAL EVALUATION 

12 BOARDS. 

13 (a) ASSIGNMENT OF INDEPENDENT MEDICAL ADVO14 CATE.—Section 1222 of title 10, United States Code, is 

15 amended by adding at the end the following new subsection: 

16 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM17 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

18 Secretary of each military department shall ensure, in the 

19 case of any member of the armed forces being considered 

20 by a medical evaluation board under that Secretary’s super21 vision, that the member has access to a physician or other 

22 appropriate health care professional who is independent of 

23 the medical evaluation board. 

24 ‘‘(2) The physician or other health care professional 

25 assigned to a member shall— 

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1 ‘‘(A) serve as an advocate for the best interests 

2 of the member; and 

3 ‘‘(B) provide the member with advice and coun4 sel regarding the medical condition of the member 

5 and the findings and recommendations of the medical 

6 evaluation board.’’. 

7 (b) CLERICAL AMENDMENTS.— 

8 (1) SECTION HEADING.—The heading of such sec9 tion is amended to read as follows: 

10 ‘‘§ 1222. Physical evaluation boards and medical eval11 uation boards’’. 

12 (2) TABLE OF SECTIONS.—The table of sections 

13 at the beginning of chapter 61 of such title is amend14 ed by striking the item relating to section 1222 and 

15 inserting the following new item: 

‘‘1222. Physical evaluation boards and medical evaluation boards.’’. 

16 (c) EFFECTIVE DATE.—Subsection (d) of section 1222 

17 of title 10, United States Code, as added by subsection (a), 

18 shall apply with respect to medical evaluation boards con19 vened after the end of the 180-day period beginning on the 

20 date of the enactment of this Act. 

21 SEC. 1416. TRAINING AND WORKLOAD FOR PHYSICAL EVAL22 UATION BOARD LIAISON OFFICERS. 

23 (a) REQUIREMENTS.—Section 1222(b) of title 10, 

24 United States Code, is amended— 

25 (1) in paragraph (1)— 

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1 (A) by striking ‘‘establishing—’’ and all 

2 that follows through ‘‘a requirement’’ and insert3 ing ‘‘establishing a requirement’’; and 

4 (B) by striking ‘‘that Secretary; and’’ and 

5 all that follows through the end of subparagraph 

6 (B) and inserting ‘‘that Secretary. A physical 

7 evaluation board liaison officer may not be as8 signed more than 20 members at any one time, 

9 except that the Secretary concerned may author10 ize the assignment of additional members, for not 

11 more than 120 days, if required due to unfore12 seen circumstances.’’; 

13 (2) in paragraph (2), by inserting after ‘‘(2)’’ 

14 the following new sentences: ‘‘The Secretary of Defense 

15 shall establish a standardized training program and 

16 curriculum for physical evaluation board liaison offi17 cers. Successful completion of the training program is 

18 required before a person may assume the duties of a 

19 physical evaluation board liaison officer.’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(3) In this subsection, the term ‘physical evaluation 

23 board liaison officer’ includes any person designated as, or 

24 assigned the duties of, an assistant to a physical evaluation 

25 board liaison officer.’’. 

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1 (b) EFFECTIVE DATE.—The limitation on the max2 imum number of members of the Armed Forces who may 

3 be assigned to a physical evaluation board liaison officer 

4 shall take effect 180 days after the date of the enactment 

5 of this Act. The training program and curriculum for phys6 ical evaluation board liaison officers shall be implemented 

7 not later than 180 days after the date of the enactment of 

8 this Act. 

9 SEC. 1417. STANDARDIZED TRAINING PROGRAM AND CUR10 RICULUM FOR DEPARTMENT OF DEFENSE 

11 DISABILITY EVALUATION SYSTEM. 

12 (a) TRAINING PROGRAM REQUIRED.—Section 1216 of 

13 title 10, United States Code, is amended by adding at the 

14 end the following new subsection: 

15 ‘‘(e)(1) The Secretary of Defense shall establish a 

16 standardized training program and curriculum for persons 

17 described in paragraph (2) who are involved in the dis18 ability evaluation system. The training under the program 

19 shall be provided as soon as practicable in coordination 

20 with other training associated with the responsibilities of 

21 the person. 

22 ‘‘(2) Persons covered by paragraph (1) include— 

23 ‘‘(A) Commanders. 

24 ‘‘(B) Enlisted members who perform supervisory 

25 functions. 

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1 ‘‘(C) Health care professionals. 

2 ‘‘(D) Others persons with administrative, profes3 sional, or technical responsibilities in the disability 

4 evaluation system. 

5 ‘‘(3) In this subsection, the term ‘disability evaluation 

6 system’ means the Department of Defense system or process 

7 for evaluating the nature of and extent of disabilities affect8 ing members of the armed forces (other than the Coast 

9 Guard) and comprised of medical evaluation boards, phys10 ical evaluation boards, counseling of members, and final 

11 disposition by appropriate personnel authorities, as oper12 ated by the Secretaries of the military departments, and, 

13 in the case of the Coast Guard, a similar system or process 

14 operated by the Secretary of Homeland Security.’’. 

15 (b) EFFECTIVE DATE.—The standardized training 

16 program and curriculum required by subsection (e) of sec17 tion 1216 of title 10, United States Code, as added by sub18 section (a), shall be established not later than 180 days after 

19 the date of the enactment of this Act. 

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1 SEC. 1418. IMPROVED TRAINING FOR HEALTH CARE PRO2 FESSIONALS, MEDICAL CARE CASE MAN3 AGERS, AND SERVICE MEMBER ADVOCATES 

4 ON PARTICULAR CONDITIONS OF RECOV5 ERING SERVICE MEMBERS. 

6 (a) RECOMMENDATIONS.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary of De8 fense shall submit to the appropriate congressional commit9 tees a report setting forth recommendations for the improve10 ment of the training provided to health care professionals, 

11 medical care case managers, and service member advocates 

12 who provide care for or assistance to recovering service 

13 members. The recommendations shall include, at a min14 imum, specific recommendations to ensure that such health 

15 care professionals, medical care case managers, and service 

16 member advocates are adequately trained and able to detect 

17 early warning signs of post-traumatic stress disorder 

18 (PTSD), suicidal or homicidal thoughts or behaviors, and 

19 other behavioral health concerns among recovering service 

20 members and make prompt notification to the appropriate 

21 health care professionals. 

22 (b) ANNUAL REVIEW OF TRAINING.—Not later than 

23 180 days after the date of the enactment of this Act and 

24 annually thereafter throughout the global war on terror, the 

25 Secretary shall submit to the appropriate congressional 

26 committees a report on the following: 

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1 (1) The progress made in providing the training 

2 recommended under subsection (a). 

3 (2) The quality of training provided to health 

4 care professionals, medical care case managers, and 

5 service member advocates, and the number of such 

6 professionals, managers, and advocates trained. 

7 (3) The progress made in developing the tracking 

8 system under subsection (c) and the results of the sys9 tem. 

10 (c) TRACKING SYSTEM.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary shall 

12 develop a system to track the number of notifications made 

13 by medical care case managers and service member advo14 cates to health care professionals regarding early warning 

15 signs of post-traumatic stress disorder and suicide in recov16 ering service members assigned to the managers and advo17 cates. 

18 SEC. 1419. PILOT PROGRAM TO ESTABLISH AN ARMY 

19 WOUNDED WARRIOR BATTALION AT AN AP20 PROPRIATE ACTIVE DUTY BASE. 

21 (a) PILOT PROGRAM REQUIRED.— 

22 (1) ESTABLISHMENT.—The Secretary of the 

23 Army shall establish a pilot program, at an appro24 priate active duty base with a major medical facility, 

25 based on the Wounded Warrior Regiment program of 

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1 the Marine Corps. The pilot program shall be known 

2 as the Army Wounded Warrior Battalion. 

3 (2) PURPOSE.—Under the pilot program, the 

4 Battalion shall track and assist members of the 

5 Armed Forces in an outpatient status who are still in 

6 need of medical treatment through— 

7 (A) the course of their treatment; 

8 (B) medical and physical evaluation 

9 boards; 

10 (C) transition back to their parent units; 

11 and 

12 (D) medical retirement and subsequent 

13 transition into the Department of Veterans Af14 fairs medical system. 

15 (3) ORGANIZATION.—The commanding officer of 

16 the Battalion shall be selected by the Army Chief of 

17 Staff and shall be a post-command, at O–5 or O–5 

18 select, with combat experience in Operation Iraqi 

19 Freedom or Operation Enduring Freedom. The chain20 of-command shall be filled by previously wounded 

21 junior officers and non-commissioned officers when 

22 available and appropriate. 

23 (4) FACILITIES.—The base selected for the pilot 

24 program shall provide adequate physical infrastruc25 ture to house the Army Wounded Warrior Battalion. 

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1 Any funds necessary for construction or renovation of 

2 existing facilities shall be allocated from the Depart3 ment of Defense Medical Support Fund established 

4 under this title. 

5 (5) COORDINATION.—The Secretary of the Army 

6 shall consult with appropriate Marine Corps counter7 parts to ensure coordination of best practices and les8 sons learned. 

9 (6) PERIOD OF PILOT PROGRAM.—The pilot pro10 gram shall be in effect for a period of one year. 

11 (b) REPORTING REQUIREMENT.—Not later than 90 

12 days after the end of the one-year period for the pilot 

13 project, the Secretary of the Army shall submit to Congress 

14 a report containing— 

15 (1) an evaluation of the results of the pilot 

16 project; 

17 (2) an assessment of the Army’s ability to estab18 lish Wounded Warrior Battalions at other major 

19 Army bases. 

20 (3) recommendations regarding— 

21 (A) the adaptability of the Wounded War22 rior Battalion concept for the Army’s larger 

23 wounded population; and 

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1 (B) closer coordination and sharing of re2 sources with counterpart programs of the Marine 

3 Corps. 

4 (c) EFFECTIVE DATE.—The pilot program required by 

5 this section shall be implemented not later than 180 days 

6 after the date of the enactment of this Act. 

7 SEC. 1420. CRITERIA FOR REMOVAL OF MEMBER FROM TEM8 PORARY DISABILITY RETIRED LIST. 

9 (a) CRITERIA.—Section 1210(e) of title 10, United 

10 States Code, is amended by inserting ‘‘of a permanent na11 ture and stable and is’’ after ‘‘physical disability is’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall apply to any case received for consider14 ation by a physical evaluation board after the date of the 

15 enactment of this Act. 

16 SEC. 1421. IMPROVED TRANSITION OF MEMBERS OF THE 

17 ARMED FORCES TO DEPARTMENT OF VET18 ERANS AFFAIRS UPON RETIREMENT OR SEPA19 RATION. 

20 (a) TRANSITION OF MEMBERS SEPARATED OR RE21 TIRED.— 

22 (1) TRANSITION PROCESS.—Chapter 58 of title 

23 10, United States Code, is amended by inserting after 

24 section 1142 the following new section: 

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1 ‘‘§ 1142a. Process for transition of members to health 

2 care and physical disability systems of De3 partment of Veterans Affairs 

4 ‘‘(a) TRANSITION PLAN.—(1) The Secretary of Defense 

5 shall ensure that each member of the armed forces who is 

6 being separated or retired under chapter 61 of this title re7 ceives a written transition plan that— 

8 ‘‘(A) specifies the recommended schedule and 

9 milestones for the transition of the member from mili10 tary service; and 

11 ‘‘(B) provides for a coordinated transition of the 

12 member from the Department of Defense disability 

13 system to the Department of Veterans Affairs. 

14 ‘‘(2) A member being separated or retired under chap15 ter 61 of this title shall receive the transition plan before 

16 the separation or retirement date of the member. 

17 ‘‘(3) The transition plan for a member under this sub18 section shall include information and guidance designed to 

19 assist the member in understanding and meeting the sched20 ule and milestones for the member’s transition. 

21 ‘‘(b) FORMAL TRANSITION PROCESS.—(1) The Sec22 retary of Defense, in cooperation with the Secretary of Vet23 erans Affairs, shall establish a formal process for the trans24 mittal to the Secretary of Veterans Affairs of the records 

25 and other information described in paragraph (2) as part 

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1 of the separation or retirement of a member of the armed 

2 forces under chapter 61 of this title. 

3 ‘‘(2) The records and other information to be trans4 mitted under paragraph (1) with respect to a member shall 

5 include, at a minimum, the following: 

6 ‘‘(A) The member’s address and contact informa7 tion. 

8 ‘‘(B) The member’s DD–214 discharge form, 

9 which shall be transmitted electronically. 

10 ‘‘(C) A copy of the member’s service record, in11 cluding medical records and any results of a Physical 

12 Evaluation Board. 

13 ‘‘(D) Whether the member is entitled to transi14 tional health care, a conversion health policy, or other 

15 health benefits through the Department of Defense 

16 under section 1145 of this title. 

17 ‘‘(E) Any requests by the member for assistance 

18 in enrolling in, or completed applications for enroll19 ment in, the health care system of the Department of 

20 Veterans Affairs for health care benefits for which the 

21 member may be eligible under laws administered by 

22 the Secretary of Veterans Affairs. 

23 ‘‘(F) Any requests by the member for assistance 

24 in applying for, or completed applications for, com25 pensation and vocational rehabilitation benefits to 

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1 which the member may be entitled under laws admin2 istered by the Secretary of Veterans Affairs, if the 

3 member is being medically separated or is being re4 tired under chapter 61 of this title. 

5 ‘‘(3) The transmittal of information under paragraph 

6 (1) may be subject to the consent of the member, as required 

7 by statute. 

8 ‘‘(4) With the consent of the member, the member’s ad9 dress and contact information shall also be submitted to the 

10 department or agency for veterans affairs of the State in 

11 which the member intends to reside after the separation or 

12 retirement of the member. 

13 ‘‘(c) MEETING.—(1) The formal process required by 

14 subsection (b) for the transmittal of records and other infor15 mation with respect to a member shall include a meeting 

16 between representatives of the Secretary concerned and the 

17 Secretary of Veterans Affairs, which shall take place at a 

18 location designated by the Secretaries. The member shall be 

19 informed of the meeting at least 30 days in advance of the 

20 meeting, except that the member may waive the notice re21 quirement in order to accelerate transmission of the mem22 ber’s records and other information to the Department of 

23 Veterans Affairs. 

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1 ‘‘(2) A member shall be given an opportunity to submit 

2 a written statement for consideration by the Secretary of 

3 Veterans Affairs. 

4 ‘‘(d) TIME FOR TRANSMITTAL OF RECORDS.—The Sec5 retary concerned shall provide for the transmittal to the De6 partment of Veterans Affairs of records and other informa7 tion with respect to a member at the earliest practicable 

8 date. In no case should the transmittal occur later than the 

9 date of the separation or retirement of the member. 

10 ‘‘(e) ARMED FORCES.—In this section, the term ‘armed 

11 forces’ means the Army, Navy, Air Force, and Marine 

12 Corps.’’. 

13 (2) TABLE OF SECTIONS.—The table of sections 

14 at the beginning of such chapter is amended by in15 serting after the item relating to section 1142 the fol16 lowing new item: 

‘‘1142a. Process for transition of members to health care and physical disability 

systems of Department of Veterans Affairs.’’. 

17 (b) UNIFORM SEPARATION AND EVALUATION PHYS18 ICAL.—Section 1145 of such title is amended— 

19 (1) by redesignating subsections (d) and (e) as 

20 subsections (e) and (f), respectively; and 

21 (2) by inserting after subsection (c) the following 

22 new subsection: 

23 ‘‘(d) UNIFORM SEPARATION AND EVALUATION PHYS24 ICAL.—The joint separation and evaluation physical, as demstockstill on PROD1PC66 with BILLS

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1 scribed in DD–2808 and DD–2697, shall be used by the 

2 Secretary of Defense in connection with the medical separa3 tion or retirement of all members of the armed forces, in4 cluding members separated or retired under chapter 61 of 

5 this title. The Secretary of Veterans Affairs shall adopt the 

6 same separation and evaluation physical for use by the De7 partment of Veterans Affairs.’’. 

8 (c) INTEROPERABILITY OF CRITICAL MEDICAL INFOR9 MATION AND BI-DIRECTIONAL ACCESS.— 

10 (1) INTEROPERABILITY AND ACCESS IMPROVE11 MENT.—The Secretary of Defense and Secretary of 

12 Veterans Affairs shall jointly establish and implement 

13 a process to ensure an interoperable, bi-directional, 

14 real-time exchange of critical medical information be15 tween the Department of Defense and the Department 

16 of Veterans Affairs. 

17 (2) CRITICAL MEDICAL INFORMATION DE18 FINED.—In this subsection, the term ‘‘critical medical 

19 information’’ includes, at a minimum, outpatient 

20 notes, clinical notes, radiographs, laboratory data, in21 formation regarding medications, operation notes, 

22 narrative summaries, and discharge summaries. 

23 (d) CO-LOCATION OF VA BENEFIT TEAMS.— 

24 (1) CO-LOCATION.—The Secretary of Defense and 

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1 mine the optimal locations for the deployment of De2 partment of Veterans Affairs benefits team to support 

3 recovering service members assigned to military med4 ical treatment facilities, medical-related support fa5 cilities, and community-based health care organiza6 tions. 

7 (2) MILITARY MEDICAL TREATMENT FACILITY

8 DEFINED.—In this subsection, the term ‘‘medical-re9 lated support facility’’ has the meaning given that 

10 term in subsection (b) of section 492 of title 10, 

11 United States Code, as added by section 1431(a). 

12 (e) REPEAL OF SUPERSEDED CHAPTER 61 MEDICAL

13 RECORD TRANSMITTAL REQUIREMENT.— 

14 (1) REPEAL.—Section 1142 of such title is 

15 amended by striking subsection (c). 

16 (2) SECTION HEADING.—The heading of such sec17 tion is amended to read as follows: 

18 ‘‘§ 1142. Preseparation counseling’’. 

19 (3) TABLE OF SECTIONS.—The table of sections 

20 at the beginning of chapter 58 of such title is amend21 ed by striking the item relating to section 1142 and 

22 inserting the following new item: 

‘‘1142. Preseparation counseling.’’. 

23 (f) EFFECTIVE DATES.—Section 1142a of title 10, 

24 United States Code, as added by subsection (a), and sub25 section (d) of section 1145 of such title, as added by submstockstill on PROD1PC66 with BILLS

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1 section (b), shall apply with respect to members of the 

2 Armed Forces who are separated or retired from the Armed 

3 Forces on or after the first day of the eighth month begin4 ning after the date of the enactment of this Act. The require5 ments of subsections (c) and (d), and the amendments made 

6 by subsection (e), shall take effect on the first day of such 

7 eighth month. 

8 SEC. 1422. ESTABLISHMENT OF MEDICAL SUPPORT FUND 

9 FOR SUPPORT OF MEMBERS OF THE ARMED 

10 FORCES RETURNING TO MILITARY SERVICE 

11 OR CIVILIAN LIFE. 

12 (a) ESTABLISHMENT AND PURPOSE.—There is estab13 lished on the books of the Treasury a fund to be known as 

14 the Department of Defense Medical Support Fund (herein15 after in this section referred to as the ‘‘Fund’’), which shall 

16 be administered by the Secretary of the Treasury. 

17 (b) PURPOSES.—The Fund shall be used— 

18 (1) to support programs and activities relating 

19 to the medical treatment, care, rehabilitation, recov20 ery, and support of wounded and injured members of 

21 the Armed Forces and their return to military service 

22 or transition to civilian society; and 

23 (2) to support programs and facilities intended 

24 to support the families of wounded and injured mem25 bers of the Armed Forces. 

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1 (c) ASSETS OF FUND.—There shall be deposited into 

2 the Fund any amount appropriated to the Fund, which 

3 shall constitute the assets of the Fund. 

4 (d) TRANSFER OF FUNDS.— 

5 (1) AUTHORITY TO TRANSFER.—The Secretary of 

6 Defense may transfer amounts in the Fund to appro7 priations accounts for military personnel; operation 

8 and maintenance; procurement; research, develop9 ment, test, and evaluation; military construction; and 

10 the Defense Health Program. Amounts so transferred 

11 shall be merged with and available for the same pur12 poses and for the same time period as the appropria13 tion account to which transferred. 

14 (2) ADDITION TO OTHER AUTHORITY.—The 

15 transfer authority provided in paragraph (1) is in 

16 addition to any other transfer authority available to 

17 the Department of Defense. Upon a determination 

18 that all or part of the amounts transferred from the 

19 Fund are not necessary for the purposes for which 

20 transferred, such amounts may be transferred back to 

21 the Fund. 

22 (3) NOTIFICATION.—The Secretary of Defense 

23 shall, not fewer than five days before making a trans24 fer from the Fund, notify the congressional defense 

25 committees in writing of the details of the transfer. 

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1 The Secretary shall provide an summary of transfers 

2 from the Fund during a fiscal year in the defense 

3 budget materials accompanying the budget for that 

4 fiscal year submitted by the President under section 

5 1105(a) of title 31, United States Code. 

6 (e) WOUNDED WARRIOR REGIMENT PROGRAM.—The 

7 Secretary of Defense shall ensure that $10,000,000 for fiscal 

8 year 2008 is transferred from the Medical Support Fund 

9 to support programs, activities, and facilities associated 

10 with the Marine Corps Wounded Warrior Regiment pro11 gram, to be used as follows: 

12 (1) $6,550,000 for Case Management and Pa13 tient Support. 

14 (2) $1,200,000 for Wounded Warrior Interim 

15 Regimental Headquarters Building conversion. 

16 (3) $1,300,000 for Case Management System De17 velopment. 

18 (4) $95,000 for Support Equipment. 

19 (f) FUNDING.—Of the amounts authorized to be appro20 priated pursuant to section 421 for military personnel ac21 counts, $50,000,000 is authorized for the Department of De22 fense Medical Support Fund. Such funds shall remain 

23 available through September 30, 2008. 

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1 SEC. 1423. OVERSIGHT BOARD FOR WOUNDED WARRIORS. 

2 (a) ESTABLISHMENT.—There is hereby established a 

3 board to be known as the Oversight Board for Wounded 

4 Warriors (in this section referred to as the ‘‘Oversight 

5 Board’’). 

6 (b) COMPOSITION.—The Oversight Board shall be com7 posed of 12 members, of whom— 

8 (1) two shall be appointed by the majority leader 

9 of the Senate; 

10 (2) two shall be appointed by the minority leader 

11 of the Senate; 

12 (3) two shall be appointed by the Speaker of the 

13 House of Representatives; 

14 (4) two shall be appointed by the minority leader 

15 of the House of Representatives; 

16 (5) two shall be appointed by the Secretary of 

17 Veterans Affairs; and 

18 (6) two shall be appointed by the Secretary of 

19 Defense. 

20 (c) QUALIFICATIONS.—All members of the Oversight 

21 Board shall have sufficient knowledge of, or experience with, 

22 the military healthcare system, the disability evaluation 

23 system, or the experience of a recovering service member or 

24 family member of a recovering service member. 

25 (d) APPOINTMENT.— 

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1 (1) TERM.—Each member of the Oversight 

2 Board shall be appointed for a term of three years. 

3 A member may be reappointed for one or more addi4 tional terms. 

5 (2) VACANCIES.—Any vacancy in the Oversight 

6 Board shall be filled in the same manner in which the 

7 original appointment was made. 

8 (e) DUTIES.— 

9 (1) ADVICE AND CONSULTATION.—The Oversight 

10 Board shall provide advice and consultation to the 

11 Secretary of Defense and the Committees on Armed 

12 Services of the Senate and the House of Representa13 tives regarding— 

14 (A) the process for streamlining the dis15 ability evaluation systems of the military de16 partments; 

17 (B) the process for correcting and improv18 ing the ratios of case managers and service mem19 ber advocates to recovering service members; 

20 (C) the need to revise Department of De21 fense policies to improve the experience of recov22 ering service members while under Department 

23 of Defense care; 

24 (D) the need to revise Department of De25 fense policies to improve counseling, outreach, 

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1 and general services provided to family members 

2 of recovering service members; 

3 (E) the need to revise Department of De4 fense policies regarding the provision of quality 

5 lodging to recovering service members; and 

6 (F) such other matters relating to the eval7 uation and care of recovering service members, 

8 including evaluation under disability evaluation 

9 systems, as the Board considers appropriate. 

10 (2) VISITS TO MILITARY MEDICAL TREATMENT

11 FACILITIES.—In carrying out its duties, each member 

12 of the Oversight Board shall visit not less than three 

13 military medical treatment facilities each year, and 

14 the Board shall conduct each year one meeting of all 

15 the members of the Board at a military medical treat16 ment facility. 

17 (f) STAFF.—The Secretary shall make available the 

18 services of at least two officials or employees of the Depart19 ment of Defense to provide support and assistance to mem20 bers of the Oversight Board. 

21 (g) TRAVEL EXPENSES.—Members of the Oversight 

22 Board shall be allowed travel expenses, including per diem 

23 in lieu of subsistence, at rates authorized for employees of 

24 agencies under subchapter I of chapter 57 of title 5, United 

25 States Code, while away from their homes or regular places 

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1 of business in the performance of service for the Oversight 

2 Board. 

3 (h) ANNUAL REPORTS.—The Oversight Board shall 

4 submit to the Secretary of Defense and the Committees on 

5 Armed Services of the Senate and the House of Representa6 tives each year a report on its activities during the pre7 ceding year, including any findings and recommendations 

8 of the Oversight Board as a result of such activities. 

9 SEC. 1424. OPTION FOR MEMBERS OF RESERVE COMPO10 NENTS TO USE MILITARY MEDICAL TREAT11 MENT FACILITIES CLOSEST TO HOME FOR 

12 CERTAIN INJURIES. 

13 The Secretary of Defense shall expand the opportuni14 ties for recovering service members of the reserve compo15 nents to receive treatment on an outpatient basis at a mili16 tary medical treatment facility or other location designated 

17 by the Secretary closest to the member’s home rather than 

18 closest to the base from which the member was deployed. 

19 SEC. 1425. PLANS AND RESEARCH FOR REDUCING POST 

20 TRAUMATIC STRESS DISORDER. 

21 (a) PLANS FOR REDUCING POST TRAUMATIC STRESS

22 DISORDER.— 

23 (1) PLAN FOR PREVENTION.— 

24 (A) IN GENERAL.—The Secretary of Defense 

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1 based preventive and early-intervention meas2 ures, practices, or procedures that reduce the 

3 likelihood that personnel in combat will develop 

4 post-traumatic stress disorder or other stress-re5 lated psychopathologies (including substance use 

6 conditions) into— 

7 (i) basic and pre-deployment training 

8 for enlisted members of the Armed Forces, 

9 noncommissioned officers, and officers; 

10 (ii) combat theater operations; and 

11 (iii) post-deployment service. 

12 (B) UPDATES.—The Secretary of Defense 

13 shall update the plan under subparagraph (A) 

14 periodically to incorporate, as the Secretary con15 siders appropriate, the results of relevant re16 search, including research conducted pursuant to 

17 subsection (b). 

18 (2) RESEARCH.—Subject to subsection (b), the 

19 Secretary of Defense shall develop a plan, in consulta20 tion with the Department of Veterans Affairs, the Na21 tional Institutes of Health, and the National Acad22 emy of Sciences, to conduct such research as is nec23 essary to develop the plan described in paragraph (1). 

24 (b) EVIDENCE-BASED RESEARCH AND TRAINING.— 

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1 (1) WORKING GROUP.—The Secretary of Defense 

2 shall conduct a study, in coordination with the De3 partment of Veterans Affairs, the National Institutes 

4 of Health, and the National Academy of Sciences’ In5 stitute of Medicine, to determine the feasibility of es6 tablishing a working group tasked with researching 

7 and developing evidence-based measures, practices, or 

8 procedures that reduce the likelihood that personnel in 

9 combat will develop post-traumatic stress disorder or 

10 other stress-related psychological pathologies (includ11 ing substance use conditions). The working group 

12 shall include personnel with experience in a combat 

13 theater, and behavioral health personnel who have ex14 perience providing treatment to individuals with ex15 perience in a combat theater. 

16 (2) PEER-REVIEWED RESEARCH PROGRAM.—Not 

17 later than 180 days after the date of the enactment 

18 of this Act, the Secretary of Defense shall submit to 

19 Congress a plan for a peer-reviewed research program 

20 within the Defense Health Program’s research and de21 velopment function to research and develop evidence22 based preventive and early intervention measures, 

23 practices, or procedures that reduce the likelihood that 

24 personnel in combat will develop post-traumatic stress 

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1 disorder or other stress-related psychopathologies (in2 cluding substance use conditions). 

3 (c) REPORT.—The Secretary of Defense shall submit 

4 to Congress a report on the plans and studies required 

5 under this section. 

6 Subtitle B—Studies and Reports 

7 SEC. 1431. ANNUAL REPORT ON MILITARY MEDICAL FACILI8 TIES. 

9 (a) IN GENERAL.— 

10 (1) REPORT REQUIREMENT.—Chapter 23 of title 

11 10, United States Code, as amended by this Act, is 

12 further amended by adding at the end the following 

13 new section: 

14 ‘‘§ 492. Annual report on military medical facilities 

15 ‘‘(a) ANNUAL REPORT.—Not later than the date on 

16 which the President submits the budget for a fiscal year 

17 to Congress pursuant to section 1105 of title 31, the Sec18 retary of Defense shall submit to the Committees on Armed 

19 Services of the Senate and the House of Representatives a 

20 report on the adequacy, suitability, and quality of medical 

21 facilities and medical-related support facilities at each 

22 military installation within the Department of Defense. 

23 ‘‘(b) RESPONSE TO HOT-LINE INFORMATION.—The 

24 Secretary of Defense shall include in each report informa25 tion regarding— 

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1 ‘‘(1) any deficiencies in the adequacy, quality, or 

2 state of repair of medical-related support facilities 

3 raised as a result of information received during the 

4 period covered by the report through the toll-free hot 

5 line maintained pursuant to section 1567 of this title; 

6 and 

7 ‘‘(2) the investigations conducted and plans of 

8 action prepared under such section to respond to such 

9 deficiencies. 

10 ‘‘(c) MEDICAL-RELATED SUPPORT FACILITY.—In this 

11 section, the term ‘medical-related support facility’ is any 

12 facility of the Department of Defense that provides support 

13 to any of the following: 

14 ‘‘(1) Members of the armed forces admitted for 

15 treatment to military medical treatment facilities. 

16 ‘‘(2) Members of the armed forces assigned to 

17 military medical treatment facilities as an out18 patient. 

19 ‘‘(3) Family members accompanying any mem20 ber described in paragraph (1) or (2) as a nonmed21 ical attendant.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended by 

24 adding at the end the following new item: 

‘‘492. Annual report on military medical facilities.’’. 

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1 (b) EFFECTIVE DATE.—The first report under section 

2 492 of title 10, United States Code, as added by subsection 

3 (a), shall be submitted not later than the date of submission 

4 of the budget for fiscal year 2009. 

5 SEC. 1432. ACCESS OF RECOVERING SERVICE MEMBERS TO 

6 ADEQUATE OUTPATIENT RESIDENTIAL FA7 CILITIES. 

8 (a) REQUIRED INSPECTIONS OF FACILITIES.—All 

9 quarters of the United States and housing facilities under 

10 the jurisdiction of the Armed Forces that are occupied by 

11 recovering service members shall be inspected on a semi12 annual basis for the first two years after the enactment of 

13 this Act and annually thereafter by the inspectors general 

14 of the regional medical commands. 

15 (b) INSPECTOR GENERAL REPORTS.—The inspector 

16 general for each regional medical command shall— 

17 (1) submit a report on each inspection of a facil18 ity conducted under subsection (a) to the post com19 mander at such facility, the commanding officer of 

20 the hospital affiliated with such facility, the surgeon 

21 general of the military department that operates such 

22 hospital, the Secretary of the military department 

23 concerned, the Assistant Secretary of Defense for 

24 Health Affairs, the Oversight Board for Wounded 

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1 Warriors established pursuant to section 1423, and 

2 the appropriate congressional committees; and 

3 (2) post each such report on the Internet website 

4 of such regional medical command. 

5 SEC. 1433. EVALUATION AND REPORT ON DEPARTMENT OF 

6 DEFENSE AND DEPARTMENT OF VETERANS 

7 AFFAIRS DISABILITY EVALUATION SYSTEMS. 

8 (a) EVALUATION.—The Secretary of Defense and the 

9 Secretary of Veterans Affairs shall conduct a joint evalua10 tion of the disability evaluation systems used by the Depart11 ment of Defense and the Department of Veterans Affairs for 

12 the purpose of— 

13 (1) improving the consistency of the two dis14 ability evaluation systems; and 

15 (2) evaluating the feasibility of, and potential 

16 options for, consolidating the two systems. 

17 (b) RELATION TO VETERANS’ DISABILITY BENEFITS

18 COMMISSION.—In conducting the evaluation of the dis19 ability evaluation systems used by the Department of De20 fense and the Department of Veterans Affairs, the Secretary 

21 of Defense and the Secretary of Veterans Affairs shall con22 sider the findings and recommendations of the Veterans’ 

23 Disability Benefits Commission established pursuant to 

24 title XV of the National Defense Authorization Act for Fis25 cal Year 2004 (Public Law 108–136; 38 U.S.C. 1101 note). 

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1 (c) REPORT.—Not later than 180 days after the date 

2 of the submission of the final report of the Veterans’ Dis3 ability Benefits Commission, the Secretary of Defense and 

4 the Secretary of Veterans Affairs shall submit to Congress 

5 a report containing— 

6 (1) the results of the evaluation; and 

7 (2) the recommendations of the Secretaries for 

8 improving the consistency of the two disability eval9 uation systems and such other recommendations as 

10 the Secretaries consider appropriate. 

11 SEC. 1434. STUDY AND REPORT ON SUPPORT SERVICES FOR 

12 FAMILIES OF RECOVERING SERVICE MEM13 BERS. 

14 (a) STUDY REQUIRED.—The Secretary of Defense shall 

15 conduct a study of the provision of support services for fam16 ilies of recovering service members. 

17 (b) MATTERS COVERED.—The study under subsection 

18 (a) shall include the following: 

19 (1) A determination of the types of support serv20 ices that are currently provided by the Department of 

21 Defense to family members described in subsection (c), 

22 and the cost of providing such services. 

23 (2) A determination of additional types of sup24 port services that would be feasible for the Depart25 ment to provide to such family members, and the 

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1 costs of providing such services, including the fol2 lowing types of services: 

3 (A) The provision of medical care at mili4 tary medical treatment facilities. 

5 (B) The provision of job placement services 

6 offered by the Department of Defense to any fam7 ily member caring for a recovering service mem8 ber for more than 45 days during a one-year pe9 riod. 

10 (C) The provision of meals without charge 

11 at military medical treatment facilities. 

12 (3) A survey of military medical treatment fa13 cilities to estimate the number of family members to 

14 whom the support services would be provided. 

15 (4) A determination of any discrimination in 

16 employment that such family members experience, in17 cluding denial of retention in employment, pro18 motion, or any benefit of employment by an employer 

19 on the basis of the person’s absence from employment 

20 as described in subsection (c), and a determination, 

21 in consultation with the Secretary of Labor, of the op22 tions available for such family members. 

23 (c) COVERED FAMILY MEMBERS.—A family member 

24 described in this subsection is a family member of a recov25 ering service member who is— 

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1 (1) on invitational orders while caring for the 

2 recovering service member; 

3 (2) a non-medical attendee caring for the recov4 ering service member; or 

5 (3) receiving per diem payments from the De6 partment of Defense while caring for the recovering 

7 service member. 

8 (d) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of Defense shall 

10 submit to the Committees on Armed Services of the Senate 

11 and the House of Representatives a report on the results 

12 of the study, with such findings and recommendations as 

13 the Secretary considers appropriate. 

14 SEC. 1435. REPORT ON TRAUMATIC BRAIN INJURY CLASSI15 FICATIONS. 

16 (a) INTERIM REPORT.—Not later than 90 days after 

17 the date of the enactment of this Act, the Secretary of De18 fense shall submit to the Committees on Armed Services of 

19 the Senate and the House of Representatives an interim re20 port describing the changes undertaken within the Depart21 ment of Defense to ensure that traumatic brain injury vic22 tims receive a proper medical designation concomitant with 

23 their injury as opposed to the current medical designation 

24 which assigns a generic ‘‘organic psychiatric disorder’’ clas25 sification. 

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1 (b) FINAL REPORT.—Not later than 180 days after the 

2 date of the enactment of this Act, the Secretary of Defense 

3 shall submit to the Committees on Armed Services of the 

4 Senate and the House of Representatives a final report con5 cerning traumatic brain injury classifications and an ex6 planation and justification of the Department’s use of the 

7 international classification of disease (ICD) 9 designation, 

8 recommendations for transitioning to ICD 10 or 11, and 

9 the benefits the civilian community experiences from using 

10 ICD 10. 

11 SEC. 1436. EVALUATION OF THE POLYTRAUMA LIAISON OF12 FICER/NON-COMMISSIONED OFFICER PRO13 GRAM. 

14 (a) EVALUATION REQUIRED.—The Secretary of De15 fense shall conduct an evaluation of the Polytrauma Liai16 son Officer/Non-Commissioned Officer program, which is 

17 the program operated by each of the military departments 

18 and the Department of Veterans Affairs for the purpose of— 

19 (1) assisting in the seamless transition of mem20 bers of the Armed Forces from the Department of De21 fense health care system to the Department of Vet22 erans Affairs system; and 

23 (2) expediting the flow of information and com24 munication between military treatment facilities and 

25 the Veterans Affairs Polytrauma Centers. 

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1 (b) MATTERS COVERED.—The evaluation of the 

2 Polytrauma Liaison Officer/Non-Commissioned Officer pro3 gram shall include evaluating the following areas: 

4 (1) The program’s effectiveness in the following 

5 areas: 

6 (A) Handling of military patient transfers. 

7 (B) Ability to access military records in a 

8 timely manner. 

9 (C) Collaboration with Polytrauma Center 

10 treatment teams. 

11 (D) Collaboration with Veteran Service Or12 ganizations. 

13 (E) Functioning as the Polytrauma Cen14 ter’s subject-matter expert on military issues. 

15 (F) Supporting and assisting family mem16 bers. 

17 (G) Providing education, information, and 

18 referrals to members of the Armed Forces and 

19 their family members. 

20 (H) Functioning as uniformed advocates for 

21 members of the Armed Forces and their family 

22 members. 

23 (I) Inclusion in Polytrauma Center meet24 ings. 

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1 (J) Completion of required administrative 

2 reporting. 

3 (K) Ability to provide necessary adminis4 trative support to all members of the Armed 

5 Forces. 

6 (2) Manpower requirements to effectively carry 

7 out all required functions of the Polytrauma Liaison 

8 Officer/Non-Commissioned Officer program given cur9 rent and expected case loads. 

10 (3) Expansion of the program to incorporate 

11 Navy and Marine Corps officers and senior enlisted 

12 personnel. 

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 submit to Congress a report con16 taining— 

17 (1) the results of the evaluation; and 

18 (2) recommendations for any improvements in 

19 the program. 

20 SEC. 1437. STUDY AND REPORT ON STANDARD SOLDIER PA21 TIENT TRACKING SYSTEM. 

22 (a) STUDY REQUIRED.—The Secretary of Defense shall 

23 conduct a study on the feasibility of developing a joint sol24 dier tracking system for recovering service members. 

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1 (b) MATTERS COVERED.—The study under subsection 

2 (a) shall include the following: 

3 (1) Review of the feasibility of allowing each re4 covering service member, each family member of such 

5 a member, each commander of a military installation 

6 retaining medical holdover patients, each patient 

7 navigator, and ombudsman office personnel, at all 

8 times, to be able to locate and understand exactly 

9 where a recovering service member is in the medical 

10 holdover process. 

11 (2) A determination of whether the tracking sys12 tem can be designed to ensure that— 

13 (A) the commander of each military med14 ical facility where recovering service members 

15 are located is able to track appointments of such 

16 members to ensure they are meeting timeliness 

17 and other standards that serve the member; and 

18 (B) each recovering service member is able 

19 to know when his appointments and other med20 ical evaluation board or physical evaluation 

21 board deadlines will be and that they have been 

22 scheduled in a timely and accurate manner. 

23 (3) Any other information needed to conduct 

24 oversight of care of the member through out the med25 ical holdover process. 

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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of Defense shall 

3 submit to the Committees on Armed Services of the Senate 

4 and the House of Representatives a report on the results 

5 of the study, with such findings and recommendations as 

6 the Secretary considers appropriate. 

7 SEC. 1438. STUDY AND REPORT ON WAITING PERIODS FOR 

8 APPOINTMENTS AT DEPARTMENT OF VET9 ERANS AFFAIRS MEDICAL FACILITIES. 

10 (a) STUDY REQUIRED.—The Secretary of Veterans Af11 fairs shall conduct a study on the average length of time 

12 between the desired date for which a veteran seeks to sched13 ule an appointment for health care at a Department of Vet14 erans Affairs medical facility and the date on which such 

15 appointment is completed. 

16 (b) FOCUS OF STUDY.—In conducting the study under 

17 subsection (a), the Secretary shall focus on appointments 

18 scheduled and completed at Department medical facilities 

19 located in both rural and urban areas. 

20 (c) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary shall submit a 

22 report to Congress containing the findings of the study 

23 under subsection (a) and recommendations for decreasing 

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1 ment and the completion of the appointment to a maximum 

2 of 15 days. 

3 Subtitle C—General Provisions 

4 SEC. 1451. MORATORIUM ON CONVERSION TO CONTRACTOR 

5 PERFORMANCE OF DEPARTMENT OF DE6 FENSE FUNCTIONS AT MILITARY MEDICAL FA7 CILITIES. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) The conduct of public-private competitions 

10 for the performance of Department of Defense func11 tions, based on Office of Management and Budget 

12 Circular A–76, can lead to dramatic reductions in the 

13 workforce, undermining an agency’s ability to per14 form its mission. 

15 (2) The Army Garrison commander at the Wal16 ter Reed Army Medical Center has stated that the ex17 tended A–76 competition process contributed to the 

18 departure of highly skilled administrative and main19 tenance personnel, which led to the problems at the 

20 Walter Reed Army Medical Center. 

21 (b) MORATORIUM.—During the one-year period begin22 ning on the date of the enactment of this Act, no study or 

23 competition may be begun or announced pursuant to sec24 tion 2461 of title 10, United States Code, or otherwise pur25 suant to Office of Management and Budget Circular A–76 

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1 relating to the possible conversion to performance by a con2 tractor of any Department of Defense function carried out 

3 at a military medical facility . 

4 (c) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall submit to the Committee on Armed Services 

7 of the Senate and the Committee on Armed Services of the 

8 House of Representatives a report on the public-private 

9 competitions being conducted for Department of Defense 

10 functions carried out at military medical facilities as of 

11 the date of the enactment of this Act by each military de12 partment and defense agency. Such report shall include— 

13 (1) for each such competition— 

14 (A) the cost of conducting the public-private 

15 competition; 

16 (B) the number of military personnel and 

17 civilian employees of the Department of Defense 

18 affected; 

19 (C) the estimated savings identified and the 

20 savings actually achieved; 

21 (D) an evaluation whether the anticipated 

22 and budgeted savings can be achieved through a 

23 public-private competition; and 

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1 (E) the effect of converting the performance 

2 of the function to performance by a contractor on 

3 the quality of the performance of the function; 

4 (2) a description of any public-private competi5 tion the Secretary would conduct if the moratorium 

6 under subsection (b) were not in effect; and 

7 (3) an assessment of whether any method of busi8 ness reform or reengineering other than a public-pri9 vate competition could, if implemented in the future, 

10 achieve any anticipated or budgeted savings. 

11 SEC. 1452. PROHIBITION ON TRANSFER OF RESOURCES 

12 FROM MEDICAL CARE. 

13 Neither the Secretary of Defense nor the Secretaries of 

14 the military departments may transfer funds or personnel 

15 from medical care functions to administrative functions 

16 within the Department of Defense in order to comply with 

17 the new administrative requirements imposed by this title 

18 or the amendments made by this title. 

19 SEC. 1453. INCREASE IN PHYSICIANS AT HOSPITALS OF THE 

20 DEPARTMENT OF VETERANS AFFAIRS. 

21 The Secretary of Veterans Affairs shall increase the 

22 number of resident physicians at hospitals of the Depart23 ment of Veterans Affairs. 

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1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OPERATION IRAQI 

4 FREEDOM AND OPERATION 

5 ENDURING FREEDOM 

Sec. 1501. Purpose and statement of congressional policy. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 

Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Authorized Army construction and land acquisition projects. 

Sec. 1516. Authorized Navy construction and land acquisition projects. 

Sec. 1517. Treatment as additional authorizations. 

6 SEC. 1501. PURPOSE AND STATEMENT OF CONGRESSIONAL 

7 POLICY. 

8 (a) PURPOSE.—The purpose of this title is to authorize 

9 appropriations for the Department of Defense for fiscal year 

10 2008 to provide additional funds for Operation Iraqi Free11 dom and Operation Enduring Freedom. 

12 (b) POLICY.—Congress has provided members of the 

13 Armed Forces deployed outside of the United States, and 

14 the families of such members, with ongoing funds for their 

15 protection and operations and will continue to support 

16 their service and valor on behalf of the United States. 

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1 SEC. 1502. ARMY PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2008 for procurement accounts of the Army in 

4 amounts as follows: 

5 (1) For aircraft procurement, $1,677,706,000. 

6 (2) For ammunition procurement, $313,000,000. 

7 (3) For weapons and tracked combat vehicles 

8 procurement, $4,780,172,000. 

9 (4) For missile procurement, $295,626,000. 

10 (5) For other procurement, $11,123,699,000. 

11 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

12 (a) NAVY.—Funds are hereby authorized to be appro13 priated for fiscal year 2008 for procurement accounts for 

14 the Navy in amounts as follows: 

15 (1) For aircraft procurement, $2,917,958,000 

16 (2) For weapons procurement, $251,281,000 

17 (3) For other procurement, $727,580,000. 

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

19 be appropriated for fiscal year 2008 for the procurement 

20 account for the Marine Corps in the amount of 

21 $3,863,267,000. 

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

23 are hereby authorized to be appropriated for fiscal year 

24 2008 for the procurement account for ammunition for the 

25 Navy and the Marine Corps in the amount of $590,090,000. 

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1 SEC. 1504. AIR FORCE PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2008 for procurement accounts for the Air Force 

4 in amounts as follows: 

5 (1) For aircraft procurement, $5,189,709,000. 

6 (2) For ammunition procurement, $74,005,000. 

7 (3) For missile procurement, $1,800,000. 

8 (4) For other procurement, $3,926,810,000. 

9 SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

10 FUND. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

12 hereby authorized for fiscal year 2008 for the Joint Impro13 vised Explosive Device Defeat Fund in the amount of 

14 $4,000,000,000. 

15 (b) USE AND TRANSFER OF FUNDS.—Subsections (b) 

16 and (c) of section 1514 of the John Warner National De17 fense Authorization Act for Fiscal Year 2007 (Public Law 

18 109–364; 120 Stat. 2439) shall apply to the funds appro19 priated pursuant to the authorization of appropriations in 

20 subsection (a). 

21 (c) REVISION OF MANAGEMENT PLAN.—The Secretary 

22 of Defense shall revise the management plan required by 

23 section 1514(d) of the John Warner National Defense Au24 thorization Act for Fiscal Year 2007 to identify projected 

25 transfers and obligations through September 30, 2008. 

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1 (d) DURATION OF AUTHORITY.—Section 1514(f) of the 

2 John Warner National Defense Authorization Act for Fiscal 

3 Year 2007 is amended by striking ‘‘September 30, 2009’’ 

4 and inserting ‘‘September 30, 2010’’. 

5 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2008 for the procurement account for Defense-wide 

8 in the amount of $594,768,000. 

9 SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUA10 TION. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2008 for the use of the Department of Defense for 

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

14 (1) For the Army, $91,278,000. 

15 (2) For the Navy, $516,303,000. 

16 (3) For the Air Force, $816,041,000. 

17 (4) For Defense-wide activities, $727,498,000 

18 SEC. 1508. OPERATION AND MAINTENANCE. 

19 Funds are hereby authorized to be appropriated for fis20 cal year 2008 for the use of the Armed Forces for expenses, 

21 not otherwise provided for, for operation and maintenance, 

22 in amounts as follows: 

23 (1) For the Army, $45,350,964,000 

24 (2) For the Navy, $5,426,407,000. 

25 (3) For the Marine Corps, $4,013,093,000. 

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1 (4) For the Air Force, $10,536,330,000. 

2 (5) For Defense-wide activities, $6,098,990,000. 

3 (6) For the Army Reserve , $158,410,000. 

4 (7) For the Navy Reserve, $69,598,000. 

5 (8) For the Marine Corps Reserve, $68,000,000. 

6 (9) For the Army National Guard, $466,150,000. 

7 (10) For the Air National Guard, $31,168,000. 

8 SEC. 1509. WORKING CAPITAL FUNDS. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2008 for the use of the Armed Forces and other 

11 activities and agencies of the Department of Defense for 

12 providing capital for working capital and revolving funds 

13 in amounts as follows: 

14 (1) For the Defense Working Capital Funds, 

15 $1,676,275,000. 

16 (2) For the National Defense Sealift Fund, 

17 $5,100,000. 

18 SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

19 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

20 authorized to be appropriated for the Department of Defense 

21 for fiscal year 2008 for expenses, not otherwise provided for, 

22 for the Defense Health Program in the amount of 

23 $1,022,842,000 for operation and maintenance. 

24 (b) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI25 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

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1 appropriated for the Department of Defense for fiscal year 

2 2008 for expenses, not otherwise provided for, for Drug 

3 Interdiction and Counter-Drug Activities, Defense-wide in 

4 the amount of $257,618,000. 

5 (c) DEFENSE INSPECTOR GENERAL.—Funds are here6 by authorized to be appropriated for the Department of De7 fense for fiscal year 2008 for expenses, not otherwise pro8 vided for, for the Office of the Inspector General of the De9 partment of Defense in the amount of $4,394,000 for oper10 ation and maintenance. 

11 SEC. 1511. IRAQ FREEDOM FUND. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2008 for the Iraq Freedom Fund in the amount 

14 of $107,500,000. 

15 SEC. 1512. IRAQ SECURITY FORCES FUND. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal year 2008 

18 for the Iraq Security Forces Fund in the amount of 

19 $2,000,000,000. 

20 (b) USE, TRANSFER, AND OTHER REQUIREMENTS RE21 GARDING FUNDS.—Subsections (b), (c) and (d) of section 

22 1516 of the John Warner National Defense Authorization 

23 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

24 2441) shall apply to the funds appropriated pursuant to 

25 the authorization of appropriations in subsection (a). 

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1 (c) DURATION OF AUTHORITY.—Section 1516(g) of the 

2 John Warner National Defense Authorization Act for Fiscal 

3 Year 2007 is amended by striking ‘‘September 30, 2008’’ 

4 and inserting ‘‘September 30, 2009’’. 

5 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

7 hereby authorized to be appropriated for fiscal year 2008 

8 for the Afghanistan Security Forces Fund in the amount 

9 of $2,700,000,000. 

10 (b) USE, TRANSFER, AND OTHER REQUIREMENTS RE11 GARDING FUNDS.—Subsections (b), (c) and (d) of section 

12 1517 of the John Warner National Defense Authorization 

13 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

14 2442) shall apply to the funds appropriated pursuant to 

15 the authorization of appropriations in subsection (a). 

16 (c) DURATION OF AUTHORITY.—Section 1517(g) of the 

17 John Warner National Defense Authorization Act for Fiscal 

18 Year 2007 is amended by striking ‘‘September 30, 2008’’ 

19 and inserting ‘‘September 30, 2009’’. 

20 SEC. 1514. MILITARY PERSONNEL. 

21 There is hereby authorized to be appropriated to the 

22 Department of Defense for military personnel accounts for 

23 fiscal year 2008 a total of $17,471,763,000. 

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1 SEC. 1515. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) AUTHORIZED PROJECTS.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 subsection (b) the Secretary of the Army may acquire real 

6 property and carry out military construction projects for 

7 the installations or locations outside the United States, and 

8 in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ......................... Bagram Air Base ...................................... $103,000,000 

Iraq ...................................... Camp Adder ............................................... $31,850,000 

Al Asad ....................................................... $46,100,000 

Camp Anaconda ........................................ $49,200,000 

Fallujah ...................................................... $880,000 

Camp Marez ............................................... $880,000 

Mosul .......................................................... $43,000,000 

Camp Ramadi ........................................... $880,000 

Scania ........................................................ $5,000,000 

Camp Speicher .......................................... $54,900,000 

Camp Taqqadum ....................................... $880,000 

Tikrit .......................................................... $43,000,000 

Camp Victory ............................................. $24,600,000 

Camp Warrior ........................................... $880,000 

Various Locations ...................................... $102,000,000 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal years begin11 ning after September 30, 2007, for military construction, 

12 land acquisition, and military family housing functions of 

13 the Department of the Army in the total amount of 

14 $526,450,000 as follows: 

15 (1) For military construction projects outside the 

16 United States authorized by subsection (a), 

17 $507,050,000. 

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1 (2) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $19,400,000. 

4 SEC. 1516. AUTHORIZED NAVY CONSTRUCTION AND LAND 

5 ACQUISITION PROJECTS. 

6 (a) AUTHORIZED PROJECTS.—Using amounts appro7 priated pursuant to the authorization of appropriations in 

8 subsection (b), the Secretary of the Navy may acquire real 

9 property and carry out military construction projects for 

10 the installations or locations inside the United States, and 

11 in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ......... Camp Pendleton ....................................................... $102,034,000 

Twenty-Nine Palms .................................................. $4,440,000 

North Carolina Camp Lejeune ........................................................... $43,310,000 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

13 section 2825 of title 10, United States Code, funds are here14 by authorized to be appropriated for fiscal years beginning 

15 after September 30, 2007, for military construction, land 

16 acquisition, and military family housing functions of the 

17 Department of the Navy in the total amount of 

18 $169,071,000, as follows: 

19 (1) For military construction projects inside the 

20 United States authorized by subsection (a), 

21 $149,814,000. 

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1 (2) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $7,491,000. 

4 (3) For construction and acquisition, planning 

5 and design, and improvement of military family 

6 housing and facilities, $11,766,000. 

7 SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

8 The amounts authorized to be appropriated by this 

9 title are in addition to amounts otherwise authorized to be 

10 appropriated by this Act. 

11 TITLE XVI—NATIONAL GUARD 

12 ENHANCEMENT 

Sec. 1601. Short title. 

Subtitle A—National Guard Bureau 

Sec. 1611. Enhancement of duties and position of Chief of the National Guard 

Bureau. 

Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. 

Sec. 1613. Enhancement of functions of National Guard Bureau. 

Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. 

Sec. 1615. Determination of Department of Defense civil support requirements. 

Sec. 1616. Conforming and clerical amendments. 

Subtitle B—Additional Reserve Component Enhancement 

Sec. 1621. United States Northern Command. 

Sec. 1622. Council of Governors. 

Sec. 1623. Reserve Components Policy Board. 

Sec. 1624. Requirements for certain high-level positions to be held by reserve component general or flag officers. 

Sec. 1625. Retirement age and years of service limitations on certain reserve general and flag officers. 

Sec. 1626. Additional reporting requirements relating to National Guard equipment. 

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1 SEC. 1601. SHORT TITLE. 

2 This title may be cited as the ‘‘National Guard Em3 powerment Act’’. 

4 Subtitle A—National Guard Bureau 

5 SEC. 1611. ENHANCEMENT OF DUTIES AND POSITION OF 

6 CHIEF OF THE NATIONAL GUARD BUREAU. 

7 (a) PRINCIPAL ADVISER TO SECRETARY OF DEFENSE

8 THROUGH CHAIRMAN OF JOINT CHIEFS OF STAFF ON NA9 TIONAL GUARD MATTERS.—Subsection (c) of section 10502 

10 of title 10, United States Code, is amended by inserting 

11 after ‘‘principal adviser’’ the following: ‘‘to the Secretary 

12 of Defense (through the Chairman of the Joint Chiefs of 

13 Staff),’’. 

14 (b) ADVISER TO COMMANDER OF THE UNITED STATES

15 NORTHERN COMMAND AND SECRETARY OF HOMELAND SE16 CURITY.—Subsection (c) of such section is further amend17 ed— 

18 (1) by inserting ‘‘(1)’’ before ‘‘The Chief’’; and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(2) The Chief of the National Guard Bureau also is 

22 an adviser on such matters to the commander of the combat23 ant command the geographic area of responsibility of which 

24 includes the United States and to the Secretary of Home25 land Security.’’. 

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1 (c) APPOINTMENT TO OFFICE IN GRADE OF GEN2 ERAL.—Subsection (d) of such section is amended by strik3 ing ‘‘lieutenant general’’ and inserting ‘‘general’’. 

4 (d) APPOINTMENT PROCESS.—Subsection (a) of such 

5 section is amended— 

6 (1) by redesignating paragraphs (1), (2), and (3) 

7 as subparagraphs (A), (B), and (C), respectively; 

8 (2) by inserting ‘‘(1)’’ before ‘‘There is’’; and 

9 (3) by adding at the end the following new para10 graphs: 

11 ‘‘(2) The Secretary of Defense shall establish a process 

12 to identify, from among the officers of the Army National 

13 Guard of the United States and Air National Guard of the 

14 United States recommended under paragraph (1)(A), the 

15 best qualified officer or officers whom the Secretary of De16 fense will recommend for consideration by the President for 

17 appointment as Chief of the National Guard Bureau. 

18 ‘‘(3) In establishing the process under paragraph (2), 

19 the Secretary of Defense shall— 

20 ‘‘(A) consider such procedural recommendations 

21 as the current Chief of the National Guard Bureau 

22 may provide; 

23 ‘‘(B) employ a selection advisory board, which 

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1 ment between the Secretary of the Army and the Sec2 retary of the Air Force; and 

3 ‘‘(C) incorporate the requirements of section 

4 601(d) of this title relating to a performance evalua5 tion and necessary qualifications for the position.’’. 

6 (e) REPEAL OF PROHIBITION ON CHIEF HOLDING OF7 FICE AFTER AGE 64.—Subsection (b) of such section is 

8 amended by striking ‘‘An officer may not hold that office 

9 after becoming 64 years of age.’’. 

10 (f) APPOINTMENT OF NEXT CHIEF OF THE NATIONAL

11 GUARD BUREAU.—Not later than 120 days after the date 

12 of the enactment of this Act, the Secretary of Defense shall 

13 submit to the President recommendations regarding the best 

14 qualified officer or officers for consideration by the Presi15 dent for appointment as the next Chief of the National 

16 Guard Bureau under section 10502 of title 10, United 

17 States Code, as amended by this section. The amendments 

18 made by subsections (c), (d), and (e) shall apply with re19 spect to such appointment. The officer serving in the office 

20 of Chief of the National Guard Bureau as of the date of 

21 the enactment of this Act may be recommended for appoint22 ment and appointed to that office to serve in the grade of 

23 general. 

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1 SEC. 1612. ESTABLISHMENT OF NATIONAL GUARD BUREAU 

2 AS JOINT ACTIVITY OF DEPARTMENT OF DE3 FENSE. 

4 (a) JOINT ACTIVITY OF THE DEPARTMENT OF DE5 FENSE.—Subsection (a) of section 10501 of title 10, United 

6 States Code, is amended by striking ‘‘joint bureau of the 

7 Department of the Army and the Department of the Air 

8 Force’’ and inserting ‘‘joint activity of the Department of 

9 Defense’’. 

10 (b) JOINT MANPOWER REQUIREMENTS.— 

11 (1) IN GENERAL.—Chapter 1011 of such title is 

12 amended by adding at the end the following new sec13 tion: 

14 ‘‘§ 10508. National Guard Bureau: general provisions 

15 ‘‘The manpower requirements of the National Guard 

16 Bureau as a joint activity of the Department of Defense 

17 shall be determined in accordance with regulations pre18 scribed by the Secretary of Defense, in consultation with 

19 the Chairman of the Joint Chiefs of Staff.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended by 

22 adding at the end the following new item: 

‘‘10508. National Guard Bureau: general provisions.’’. 

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1 SEC. 1613. ENHANCEMENT OF FUNCTIONS OF NATIONAL 

2 GUARD BUREAU. 

3 (a) ADDITIONAL GENERAL FUNCTIONS.—Section 

4 10503 of title 10, United States Code, is amended— 

5 (1) by predesignating paragraph (12), as para6 graph (13); and 

7 (2) by inserting after paragraph (11) the fol8 lowing new paragraph (12): 

9 ‘‘(12)(A) Facilitating and coordinating with the 

10 entities listed in subparagraph (B) the use of Na11 tional Guard personnel and resources for operations 

12 conducted under title 32, or in support of State mis13 sions. 

14 ‘‘(B) The entities listed in this subparagraph for 

15 purposes of subparagraph (A) are the following: 

16 ‘‘(I) Other Federal agencies. 

17 ‘‘(ii) The Adjutants General of the States. 

18 ‘‘(iii) The United States Joint Forces Com19 mand. 

20 ‘‘(iv) The combatant command the geo21 graphic area of responsibility of which includes 

22 the United States,’’. 

23 (b) CHARTER DEVELOPED AND PRESCRIBED BY SEC24 RETARY OF DEFENSE.—Section 10503 of such title is 

25 amended— 

26 (1) in the matter preceding paragraph (1)— 

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1 (A) by striking ‘‘The Secretary of the Army 

2 and the Secretary of the Air Force shall jointly 

3 develop’’ and inserting ‘‘The Secretary of De4 fense, in consultation with the Chairman of the 

5 Joint Chiefs of Staff, the Secretary of the Army, 

6 and the Secretary of the Air Force, shall de7 velop’’; and 

8 (B) by striking ‘‘cover’’ in the second sen9 tence and inserting ‘‘reflect the full scope of the 

10 duties and activities of the Bureau, including’’ ; 

11 and 

12 (2) in paragraph (12), by striking ‘‘the Secre13 taries’’ and inserting ‘‘the Secretary of Defense’’. 

14 SEC. 1614. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

15 PREPARE ANNUAL PLAN FOR RESPONSE TO 

16 NATURAL DISASTERS AND TERRORIST 

17 EVENTS. 

18 (a) REQUIREMENT FOR ANNUAL PLAN.—Not later 

19 than March 1, 2008, and each March 1 thereafter, the Sec20 retary of Defense, in consultation with the commander of 

21 the United States Northern Command and the Chief of the 

22 National Guard Bureau, shall prepare and submit to Con23 gress a plan for coordinating the use of the National Guard 

24 and members of the Armed Forces on active duty when re25 sponding to natural disasters, acts of terrorism, and other 

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1 man-made disasters as identified in the national planning 

2 scenarios described in subsection (e). 

3 (b) INFORMATION TO BE PROVIDED TO SECRETARY.— 

4 To assist the Secretary of Defense in preparing the plan, 

5 the National Guard Bureau, pursuant to its purpose as 

6 channel of communications as set forth in section 10501(b) 

7 of title 10, United States Code, shall provide to the Sec8 retary information gathered from Governors, adjutants gen9 eral of States, and other State civil authorities responsible 

10 for homeland preparation and response to natural and 

11 man-made disasters. 

12 (c) TWO VERSIONS.—The plan shall set forth two 

13 versions of response, one using only members of the Na14 tional Guard, and one using both members of the National 

15 Guard and members of the regular components of the Armed 

16 Forces. 

17 (d) MATTERS COVERED.—The plan shall cover, at a 

18 minimum, the following: 

19 (1) Protocols for the Department of Defense, the 

20 National Guard Bureau, and the Governors of the 

21 several States to carry out operations in coordination 

22 with each other and to ensure that Governors and 

23 local communities are properly informed and remain 

24 in control in their respective States and communities. 

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1 (2) An identification of operational procedures, 

2 command structures, and lines of communication to 

3 ensure a coordinated, efficient response to contin4 gencies. 

5 (3) An identification of the training and equip6 ment needed for both National Guard personnel and 

7 members of the Armed Forces on active duty to pro8 vide military assistance to civil authorities and for 

9 other domestic operations to respond to hazards iden10 tified in the national planning scenarios. 

11 (e) NATIONAL PLANNING SCENARIOS.—The plan shall 

12 provide for response to the following hazards: Nuclear deto13 nation, biological attack, biological disease outbreak/pan14 demic flu, the plague, chemical attack-blister agent, chem15 ical attack-toxic industrial chemicals, chemical attack-nerve 

16 agent, chemical attack-chlorine tank explosion, major hurri17 cane, major earthquake, radiological attack-radiological 

18 dispersal device, explosives attack-bombing using impro19 vised explosive device, biological attack-food contamination, 

20 biological attack-foreign animal disease and cyber attack. 

21 SEC. 1615. DETERMINATION OF DEPARTMENT OF DEFENSE 

22 CIVIL SUPPORT REQUIREMENTS. 

23 (a) DETERMINATION OF REQUIREMENTS.—The Sec24 retary of Defense shall determine the military-unique capa25 bilities needed to be provided by the Department of Defense 

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1 to support civil authorities in an incident of national sig2 nificance or a catastrophic incident. 

3 (b) PLAN FOR FUNDING CAPABILITIES.— 

4 (1) PLAN.—The Secretary of Defense shall de5 velop and implement a plan, in coordination with the 

6 Secretaries of the military departments and the 

7 Chairman of the Joint Chiefs of Staff, for providing 

8 the funds and resources necessary to develop and 

9 maintain the following: 

10 (A) The military-unique capabilities deter11 mined under subsection (a). 

12 (B) Any additional capabilities determined 

13 by the Secretary to be necessary to support the 

14 use of the active components and the reserve com15 ponents of the armed forces for homeland defense 

16 missions, domestic emergency responses, and pro17 viding military support to civil authorities. 

18 (2) TERM OF PLAN.—The plan required under 

19 paragraph (1) shall cover at least five years. 

20 (c) BUDGET.—The Secretary of Defense shall include 

21 in the materials accompanying the budget submitted for 

22 each fiscal year a request for funds necessary to carry out 

23 the plan required under subsection (b) during the fiscal year 

24 covered by the budget. The defense budget materials shall 

25 delineate and explain the budget treatment of the plan for 

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1 each component of each military department, each combat2 ant command, and each affected Defense Agency. 

3 (d) IMPLEMENTATION.—In carrying out this section, 

4 the Secretary of Defense, acting through the chairman of 

5 the Joint Chiefs of Staff, shall ensure the appropriate as6 signment of responsibilities, coordination of the efforts, and 

7 prioritization of renouncing by the appropriate combatant 

8 commands, the military departments, and the National 

9 Guard Bureau. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘military-unique capabilities’’ 

12 means those capabilities that, in the view of the Sec13 retary of Defense— 

14 (A) cannot be provided by other Federal, 

15 State or local civilian agencies; and 

16 (B) are essential to provide support to civil 

17 authorities in an incident of national signifi18 cance or a catastrophic incident. 

19 (2) The term ‘‘defense budget materials’’, with 

20 respect to a fiscal year, means the materials sub21 mitted to Congress by the Secretary of Defense in sup22 port of the budget for that fiscal year. 

23 (f) STRATEGIC PLANNING GUIDANCE.—Section 

24 113(g)(2) of title 10, United States Code, is amended by 

25 striking ‘‘contingency plans’’ at the end of the first sentence 

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1 and inserting the following: ‘‘contingency plans, including 

2 plans for providing support to civil authorities in an inci3 dent of national significance or a catastrophic incident, for 

4 homeland defense, and for military support to civil authori5 ties’’. 

6 SEC. 1616. CONFORMING AND CLERICAL AMENDMENTS. 

7 (a) CONFORMING AMENDMENT.—The heading of sec8 tion 10503 of such title is amended to read as follows: 

9 ‘‘§ 10503. Functions of National Guard Bureau: char10 ter’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of chapter 1011 of such title is amended by 

13 striking the item relating to section 10503 and inserting 

14 the following new item: 

‘‘10503. Functions of National Guard Bureau: charter.’’. 

15 Subtitle B—Additional Reserve 

16 Component Enhancement 

17 SEC. 1621. UNITED STATES NORTHERN COMMAND. 

18 (a) MANPOWER REVIEW.— 

19 (1) REVIEW BY CHAIRMAN OF THE JOINT CHIEFS

20 OF STAFF.—Not later than one year after the date of 

21 the enactment of this Act, the Chairman of the Joint 

22 Chiefs of Staff shall submit to the Secretary of De23 fense a review of the civilian and military positions, 

24 job descriptions, and assignments within the United 

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1 cantly increasing the number of members of a reserve 

2 component assigned to, and civilians employed by, the 

3 United States Northern Command who have experi4 ence in the planning, training, and employment of 

5 forces for homeland defense missions, domestic emer6 gency response, and providing military support to 

7 civil authorities. 

8 (2) SUBMISSION OF RESULTS OF REVIEW.—Not 

9 later than 90 days after the date on which the Sec10 retary of Defense receives the results of the review 

11 under paragraph (1), the Secretary shall submit to 

12 Congress a copy of the results of the review, together 

13 with such recommendations as the Secretary considers 

14 appropriate to achieve the objectives of the review. 

15 (b) COMMAND AND CONTROL OF MIXED-STATUS

16 FORCES IN CERTAIN MISSIONS.— 

17 (1) PROCEDURES REQUIRED.—The Secretary of 

18 Defense shall establish procedures under which an of19 ficer who is on active duty or an officer who is on 

20 full-time National Guard duty may command mixed21 status forces in connection with the training and use 

22 of mixed-status forces for homeland defense missions, 

23 domestic emergency responses, and providing military 

24 support to civil authorities. 

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1 (2) ELEMENTS OF PROCEDURES.—The proce2 dures shall include measures to enable— 

3 (A) the Commander of United States North4 ern Command and subordinate commanders 

5 within the United States Northern Command to 

6 exercise command of such mixed-status forces; 

7 and 

8 (B) the Adjutant General or other officers of 

9 the National Guard of a State to exercise com10 mand of such mixed-status forces. 

11 (3) COORDINATION.—The Secretary of Defense 

12 shall establish the procedures in coordination with the 

13 Chairman of the Joint Chiefs of Staff, the Chief of the 

14 National Guard Bureau, and the Governors of the 

15 States. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘United States Northern Com18 mand’’ means the combatant command the geographic 

19 area of responsibility of which includes the United 

20 States. 

21 (2) the term ‘‘mixed-status forces’’ means units 

22 and members of the National Guard that are on full23 time National Guard duty participating in an en24 campment, maneuver, training exercise, or operation 

25 with members of the armed forces on active duty. 

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1 (3) The term ‘‘State’’ means the several States, 

2 the Commonwealth of Puerto Rico, the District of Co3 lumbia, Guam, and the Virgin Islands. 

4 (4) The term ‘‘Governor’’, with respect to the 

5 District of Columbia, means the commanding general 

6 of the District of Columbia National Guard. 

7 (5) The terms ‘‘active duty’’ and ‘‘full-time Na8 tional Guard duty’’ have the meanings provided those 

9 terms by section 101 of title 10, United States Code. 

10 SEC. 1622. COUNCIL OF GOVERNORS. 

11 The President shall establish a bipartisan Council of 

12 Governors to advise the Secretary of Defense, the Secretary 

13 of Homeland Security, and the White House Homeland Se14 curity Council on matters related to the National Guard 

15 and civil support missions. 

16 SEC. 1623. RESERVE COMPONENTS POLICY BOARD. 

17 (a) RESERVE COMPONENTS POLICY BOARD.—Section 

18 10301 of title 10, United States Code, is amended to read 

19 as follows: 

20 ‘‘§ 10301. Reserve Components Policy Board 

21 ‘‘(a) There is in the Office of the Secretary of Defense 

22 a Reserve Components Policy Board. The Board shall pro23 vide the Secretary of Defense, through the Deputy Secretary 

24 of Defense, independent advice and recommendations on 

25 strategies, policies, and practices designed to improve and 

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1 enhance the capabilities, efficiency, and effectiveness of the 

2 reserve components of the United States. 

3 ‘‘(b) The Board shall consist of 15 members appointed 

4 from civilian life by the Secretary of Defense. The Secretary 

5 shall designate the chairman and a vice chairman of the 

6 Board. Members of the Board shall be appointed without 

7 regard to political affiliation, shall be appointed for two8 year, renewable terms, and shall have a proven record of 

9 high-level achievement in a national security–related field 

10 that includes matters pertaining to the reserve components 

11 of the United States. 

12 ‘‘(c) Members of the Board shall be selected on the basis 

13 of knowledge, expertise, or achievement in the following 

14 areas: 

15 ‘‘(1) The reserve components of the United 

16 States. 

17 ‘‘(2) The national security and national military 

18 strategies of the United States. 

19 ‘‘(3) The roles and missions of the active and re20 serve components of the United States Armed Forces. 

21 ‘‘(4) The organization, force structure, and force 

22 mix of the United States Armed Forces. 

23 ‘‘(5) Acquisition; research and development; 

24 military operations; or personnel and compensation 

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1 programs, policies, and activities of the Department 

2 of Defense. 

3 ‘‘(6) Homeland defense and support to civil au4 thorities. 

5 ‘‘(d) The Chairman shall be selected on the basis of 

6 extensive knowledge, expertise, or achievement with respect 

7 to the reserve components of the United States, including 

8 the National Guard. 

9 ‘‘(e) The Under Secretary of Defense for Personnel and 

10 Readiness shall provide an executive director and the nec11 essary support staff to manage the activities of the Board 

12 in consultation with the Chairman. 

13 ‘‘(f) The Board shall act on those matters referred to 

14 it by the Secretary of Defense or the Chairman and, in ad15 dition, on any matter raised by a member of the Board. 

16 As a part of its duties, the Board shall periodically meet 

17 with members of the reserve components of the United 

18 States.’’. 

19 (b) CLERICAL AMENDMENT.—The item relating to sec20 tion 10301 in the table of sections at the beginning of chap21 ter 1009 of such title is amended to read as follows: 

‘‘10301. Reserve Components Policy Board.’’. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) Title 10, United States Code, is amended in 

24 the following provisions by striking ‘‘Reserve Forces 

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1 Policy Board’’ and inserting ‘‘Reserve Components 

2 Policy Board’’: 

3 (A) Section 101(d)(6)(B)(i). 

4 (B) Section 113(c)(2) (both places). 

5 (C) Section 175. 

6 (2) The heading of section 175 of such title is 

7 amended to read as follows: 

8 ‘‘§ 175. Reserve Components Policy Board’’. 

9 (3) The item relating to section 175 in the table 

10 of sections for chapter 7 of such title is amended to 

11 read as follows: 

‘‘175. Reserve Components Policy Board.’’. 

12 SEC. 1624. REQUIREMENTS FOR CERTAIN HIGH-LEVEL POSI13 TIONS TO BE HELD BY RESERVE COMPONENT 

14 GENERAL OR FLAG OFFICERS. 

15 (a) UNIFIED AND SPECIFIED COMBATANT COMMAND

16 POSITIONS.—Subparagraph (A) of section 526(b)(2) of title 

17 10, United States Code, is amended by striking ‘‘10 general 

18 and flag officer positions on the staffs of the commanders 

19 of’’ and inserting ‘‘15 general and flag officer positions in’’. 

20 (b) DESIGNATION OF LIEUTENANT GENERAL OR VICE

21 ADMIRAL POSITIONS TO BE HELD ONLY BY RESERVE COM22 PONENT OFFICERS.—Such subparagraph is further amend23 ed— 

24 (1) by inserting ‘‘(i)’’ after ‘‘(A)’’; 

25 (2) by striking the last sentence; and 

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1 (3) by adding at the end the following new 

2 clauses: 

3 ‘‘(ii) The Chairman of the Joint Chiefs of Staff shall 

4 designate up to three general and flag officer positions in 

5 the grade of lieutenant general or vice admiral to be held 

6 only by reserve component officers. One of the positions des7 ignated under this clause shall be the deputy commander 

8 of the combatant command the geographic area of responsi9 bility of which includes the United States, unless a reserve 

10 component officer is serving as commander of that combat11 ant command. Each position designated under this clause 

12 shall be in addition to those positions that are required by 

13 law to be filled by an officer serving in the grade of lieuten14 ant general or vice admiral. 

15 ‘‘(iii) The positions designated under clauses (i) and 

16 (ii) shall be considered a joint duty assignment position 

17 for the purposes of chapter 38 of this title.’’. 

18 SEC. 1625. RETIREMENT AGE AND YEARS OF SERVICE LIMI19 TATIONS ON CERTAIN RESERVE GENERAL 

20 AND FLAG OFFICERS. 

21 (a) RETIREMENT FOR AGE.— 

22 (1) INCLUSION OF RESERVE GENERALS AND AD23 MIRALS.—Section 14511 of title 10, United States 

24 Code, is amended to read as follows: 

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1 ‘‘§ 14511. Separation at age 64: major generals and 

2 generals and rear admirals and admirals 

3 ‘‘(a) MAJOR GENERALS AND REAR ADMIRALS.—Un4 less retired, transferred to the Retired Reserve, or discharged 

5 at an earlier date, each reserve officer of the Army, Air 

6 Force, or Marine Corps in the grade of major general and 

7 each reserve officer of the Navy in the grade of rear admiral, 

8 except an officer covered by section 14512 of this title, shall 

9 be separated in accordance with section 14515 of this title 

10 on the last day of the month in which the officer becomes 

11 64 years of age. 

12 ‘‘(b) GENERALS AND ADMIRALS.—(1) Unless retired, 

13 transferred to the Retired Reserve, or discharged at an ear14 lier date, each reserve officer of the Army, Air Force, or 

15 Marine Corps in the grade of general and each reserve offi16 cer of the Navy in the grade of admiral shall be separated 

17 in accordance with section 14515 of this title on the last 

18 day of the month in which the officer becomes 64 years of 

19 age. 

20 ‘‘(2) The retirement of an officer under paragraph (1) 

21 may be deferred— 

22 ‘‘(A) by the President, but such a deferment may 

23 not extend beyond the first day of the month following 

24 the month in which the officer becomes 68 years of 

25 age; or 

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1 ‘‘(B) by the Secretary of Defense, but such a 

2 deferment may not extend beyond the first day of the 

3 month following the month in which the officer be4 comes 66 years of age.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 1407 of such title is 

7 amended by striking the item relating to section 

8 14511 and inserting the following new item: 

‘‘14511. Separation at age 64: major generals and generals and rear admirals 

and admirals.’’. 

9 (b) CONFORMING AMENDMENTS AND RESERVE OFFI10 CERS HOLDING CERTAIN OTHER OFFICES.—Section 14512 

11 of such title is amended— 

12 (1) in subsection (a)(2)— 

13 (A) by striking subparagraph (A); and 

14 (B) by redesignating subparagraphs (B), 

15 (C), and (D) as subparagraphs (A), (B), and 

16 (C), respectively; 

17 (2) in subsection (b)— 

18 (A) by inserting ‘‘(1)’’ before ‘‘The Sec19 retary’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) The President may defer the retirement of a re23 serve officer serving in the position of Chief of the Navy 

24 Reserve or Commander of the Marine Forces Reserve, but 

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1 such deferment may not extend beyond the first day of the 

2 month following the month in which the officer becomes 66 

3 years of age. A deferment under this paragraph shall not 

4 count toward the limitation on the total number of officers 

5 whose retirement may be deferred at any one time under 

6 paragraph (1).’’; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(c) DESIGNATED LIEUTENANT GENERAL OR VICE AD10 MIRAL POSITIONS HELD BY RESERVE COMPONENT OFFI11 CERS.—Unless retired, transferred to the Retired Reserve, 

12 or discharged at an earlier date, a reserve officer serving 

13 in one of the general and flag officer positions designated 

14 under section 526(b)(2)(A)(ii) of this title to be held by a 

15 reserve officer in the grade of lieutenant general or vice ad16 miral shall, on the last day of the month in which the officer 

17 becomes 66 years of age, be separated in accordance with 

18 section 14515 of this title.’’. 

19 (c) IMPOSITION OF YEARS OF SERVICE LIMITATION.— 

20 (1) IMPOSITION OF LIMITATION.—Section 14508 

21 of such title is amended by inserting after subsection 

22 (c), as added by section 511, the following new sub23 section: 

24 ‘‘(d) FORTY YEARS OF SERVICE FOR GENERALS AND

25 ADMIRALS.—Unless retired, transferred to the Retired Remstockstill on PROD1PC66 with BILLS

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1 serve, or discharged at an earlier date, each reserve officer 

2 of the Army, Air Force, or Marine Corps in the grade of 

3 general and each reserve officer of the Navy in the grade 

4 of admiral shall, 30 days after completion of 40 years of 

5 commissioned service, be separated in accordance with sec6 tion 14514 of this title.’’. 

7 (2) CONFORMING AMENDMENTS.—Subsection (b) 

8 of section 10502 of such title, as amended by section 

9 1611(e), is further amended— 

10 (A) by inserting ‘‘(1)’’ before the first sen11 tence; and 

12 (B) by striking ‘‘While holding that office’’ 

13 and inserting the following: 

14 ‘‘(2) Except as provided in section 14508(d) of this 

15 title, while holding the office of Chief of the National Guard 

16 Bureau’’. 

17 (d) TREATMENT OF CURRENT CHIEF OF THE NA18 TIONAL GUARD BUREAU.—Section 14512(a) of title 10, 

19 United States Code, as in effect on the day before the date 

20 of the enactment of this Act, shall continue to apply with 

21 respect to the officer serving in the office of Chief of the 

22 National Guard Bureau as of that date. However, if the 

23 officer serving in the office of Chief of the National Guard 

24 Bureau as of that date is subsequently appointed to that 

25 office to serve in the grade of general, subsection (b) of secmstockstill on PROD1PC66 with BILLS

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1 tion 14511 of such title, as added by this section, shall 

2 apply. 

3 SEC. 1626. ADDITIONAL REPORTING REQUIREMENTS RE4 LATING TO NATIONAL GUARD EQUIPMENT. 

5 Section 10541 of title 10, United States Code, is 

6 amended by adding at the end the following new subsection: 

7 ‘‘(d) Each report under this section concerning equip8 ment of the National Guard shall also include the following: 

9 ‘‘(1) A statement of the accuracy of the projec10 tions required by subsection (b)(5)(D) contained in 

11 earlier reports under this section, and an explanation, 

12 if the projection was not met, of why the projection 

13 was not met. 

14 ‘‘(2) A certification from the Chief of the Na15 tional Guard Bureau setting forth an inventory for 

16 the preceding fiscal year of each item of equipment— 

17 ‘‘(A) for which funds were appropriated; 

18 ‘‘(B) which was due to be procured for the 

19 National Guard during that fiscal year; and 

20 ‘‘(C) which has not been received by a Na21 tional Guard unit as of the close of that fiscal 

22 year.’’. 

23 TITLE XVII—DEFENSE READI24 NESS PRODUCTION BOARD 

Sec. 1701. Purpose. 

Sec. 1702. Establishment of Defense Readiness Production Board. 

Sec. 1703. Defense Production Industry Advisory Council. 

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Sec. 1704. Role of Chairman of Board in certain reporting processes. 

Sec. 1705. Authority to use multiyear contracts. 

Sec. 1706. Transfer authority. 

Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. 

Sec. 1708. Strategic Readiness Fund. 

1 SEC. 1701. PURPOSE. 

2 The purpose of this title is to establish a Defense Read3 iness Production Board to identify and designate critical 

4 readiness requirements, to improve the utilization of the de5 fense industrial base, and to provide authorities to the Sec6 retary of Defense and the Secretaries of the military depart7 ments to address critical readiness requirements. 

8 SEC. 1702. ESTABLISHMENT OF DEFENSE READINESS PRO9 DUCTION BOARD. 

10 (a) ESTABLISHMENT.—The Secretary of Defense shall 

11 establish a Defense Readiness Production Board (in this 

12 subtitle referred to as the ‘‘Board’’) within the Office of the 

13 Secretary of Defense. 

14 (b) MEMBERSHIP.— 

15 (1) IN GENERAL.—The Board shall be composed 

16 of 16 members appointed by the Secretary of Defense 

17 in accordance with this subsection. 

18 (2) CHAIRMAN.—The Secretary shall appoint a 

19 Chairman from within the Office of the Secretary of 

20 Defense. 

21 (3) MILITARY PERSONNEL.—The Secretary shall 

22 appoint members from among officers of the Armed 

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1 Forces serving on the joint staff and each of the 

2 Armed Forces. In making appointments under this 

3 paragraph, the Secretary shall ensure that there is 

4 full representation of the reserve components of each 

5 of the Armed Forces, including at least two represent6 atives of the National Guard and two individuals 

7 with responsibilities relating to a depot activity. 

8 (4) CIVILIAN PERSONNEL.—The Secretary shall 

9 appoint members from among civilian employees of 

10 the Department of Defense serving in each of the mili11 tary departments and in such other entities within 

12 the Department as the Secretary determines appro13 priate. 

14 (5) OTHER AGENCIES.—The Secretary may re15 quest such representatives from other Federal agencies 

16 to serve as members as the Secretary of Defense con17 siders necessary, appropriate, and relevant to the 

18 work of the Board. 

19 (6) TERMS; VACANCIES.—The Secretary shall de20 termine the term of office of members of the Board 

21 and the manner of filling vacancies on the Board. 

22 (c) FUNCTIONS.— 

23 (1) DESIGNATION OF CRITICAL READINESS RE24 QUIREMENTS.— 

25 (A) The Board shall— 

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1 (i) monitor and assess the readiness of 

2 the Armed Forces; 

3 (ii) assist the Secretary of Defense and 

4 Congress in the identification of deficiencies 

5 in the readiness of the Armed Forces caused 

6 by shortfalls in weapons systems, equip7 ment, and supplies; and 

8 (iii) identify and formally designate 

9 critical readiness requirements. 

10 (B) In this title, the term ‘‘critical readiness 

11 requirements’’ means shortfalls in equipment or 

12 supplies that materially reduce readiness of the 

13 Armed Forces and that— 

14 (i) cannot be adequately addressed by 

15 identifying acceptable substitute capabilities 

16 or cross leveling of equipment that does not 

17 unacceptably reduce the readiness of other 

18 Armed Forces; and 

19 (ii) that are likely to persist for more 

20 than two years based on currently projected 

21 budgets and schedules for deliveries of 

22 equipment and supplies. 

23 (C) During the period beginning on the date 

24 of the enactment of this Act and ending on the 

25 date of the first meeting of the Board, the Secmstockstill on PROD1PC66 with BILLS

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1 retary of Defense may identify and formally des2 ignate critical readiness requirements under sub3 paragraph (A)(iii) in lieu of the Board. 

4 (2) MONITORING AND ASSESSMENT OF INDUS5 TRIAL CAPACITY.—The Board shall also monitor and 

6 assess the industrial capacity of all elements of the 

7 Department of Defense, the defense industrial base, 

8 and non-traditional suppliers to the Department of 

9 Defense— 

10 (A) to determine where industrial capacity 

11 is being insufficiently used to meet the needs of 

12 the Department of Defense, particularly in ad13 dressing critical readiness requirements; and 

14 (B) to recommend ways to increase the use 

15 of the industrial base, including through encour16 aging the use of public-private partnerships for 

17 existing systems currently maintained outside 

18 the depot system as a means of promoting com19 petition, attracting non-traditional suppliers, 

20 and expanding the business base of traditional 

21 suppliers. 

22 (3) REPORTS AND NOTIFICATIONS.— 

23 (A) The Board shall submit to the Secretary 

24 of Defense and to the congressional defense com25 mittees reports to communicate its findings and 

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1 the progress made by the Department of Defense 

2 in addressing critical readiness requirements, at 

3 such times as it considers necessary, but not less 

4 often than every six months. 

5 (B) The Board shall notify the Secretary of 

6 Defense and the congressional defense committees 

7 within 10 days after it designates a critical 

8 readiness requirement under paragraph (1). If 

9 the Secretary of Defense designates a critical 

10 readiness requirement under paragraph (1)(C) 

11 in lieu of the Board, the Secretary shall notify 

12 the congressional defense committees within 10 

13 days after such designation. 

14 (d) STAFF.—The Secretary of Defense shall assign 

15 staff, and request the Secretaries of the military depart16 ments to assign staff, as necessary to assist the Board in 

17 carrying out its duties. 

18 (e) TERMINATION.—The Board shall terminate 5 years 

19 after the date of its establishment under subsection (a). 

20 SEC. 1703. DEFENSE PRODUCTION INDUSTRY ADVISORY 

21 COUNCIL. 

22 (a) ESTABLISHMENT.—The Secretary of Defense shall 

23 establish a Defense Production Industry Advisory Council 

24 (in this section referred to as the ‘‘Council’’) to advise and 

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1 assist the Defense Readiness Production Board in fulfilling 

2 its duties and functions with respect to the industrial base. 

3 (b) MEMBERSHIP.—The Council shall be composed of 

4 12 members, appointed by the Secretary of Defense in con5 sultation with the Armed Services Committees of the Senate 

6 and the House of Representatives from among individuals 

7 with knowledge of the defense industrial base, including in8 dividuals who— 

9 (1) represent major sectors of defense industry 

10 most relevant to the work of the Council; 

11 (2) represent non-traditional suppliers to the De12 partment of Defense from industries most relevant to 

13 the work of the Council; 

14 (3) represent suppliers of essential materials 

15 most relevant to the work of the Council; and 

16 (4) represent the workforce in the defense indus17 trial base most relevant to the work of the Council. 

18 (c) FUNCTIONS.—The Council shall advise and assist 

19 the Defense Readiness Production Board in fulfilling its du20 ties and functions with regard to the industrial base and 

21 on such other matters as the Secretary may direct. 

22 (d) REIMBURSEMENT.—The Secretary may provide re23 imbursement to members of the Council for purposes of at24 tending meetings of the Council, in accordance with Federal 

25 guidelines. 

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1 (e) TERMINATION.—The Council shall terminate 5 

2 years after the date of its establishment under subsection 

3 (a). 

4 SEC. 1704. ROLE OF CHAIRMAN OF BOARD IN CERTAIN RE5 PORTING PROCESSES. 

6 (a) READINESS REPORTING SYSTEM.— 

7 (1) INCLUSION IN JOINT READINESS REVIEWS.— 

8 The Chairman of the Board, or a representative of the 

9 Chairman, shall be included in the quarterly joint 

10 readiness reviews and monthly updates required 

11 under section 117(d) of title 10, United States Code. 

12 (2) INCLUSION IN REPORTS.—The Chairman of 

13 the Board may submit views to the Secretary of De14 fense for inclusion in the report submitted to Congress 

15 by the Secretary under section 117(e) of such title. 

16 (b) QUARTERLY REPORTS ON MILITARY READI17 NESS.—The Chairman of the Board shall be included in 

18 the process for preparing quarterly reports required under 

19 section 482 of title 10, United States Code. The Chairman 

20 may submit views to the Secretary of Defense for inclusion 

21 in such reports. 

22 (c) REPORTS ON FUND TRANSFERS.—The Chairman 

23 of the Board shall be included in the process of transferring 

24 any funds described in reports submitted under section 483 

25 of title 10, United States Code. The Chairman may submit 

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1 views to the Secretary of Defense for inclusion in such re2 ports, and if the Chairman determines that any transfer 

3 described in a report would negatively affect a critical read4 iness requirement, shall submit views on such transfer. 

5 SEC. 1705. AUTHORITY TO USE MULTIYEAR CONTRACTS. 

6 (a) IN GENERAL.—Notwithstanding section 2306b of 

7 title 10, United States Code, the Secretary of a military 

8 department may enter into a multiyear contract to procure 

9 an item if such item will fill, or substantially fill, a critical 

10 readiness requirement designated by the Board. 

11 (b) LIMITATION ON ITEMS.—The authority under sub12 section (a) may not be used unless the item to be procured— 

13 (1) is the same or substantially the same as an 

14 item procured previously using a multiyear contract; 

15 (2) has been in full-rate production for at least 

16 3 years; or 

17 (3) is a non-developmental commercial item with 

18 modifications that are de minimis in nature. 

19 (c) ADDITIONAL LIMITATION.—The authority under 

20 subsection (a) may not be used unless the Secretary of the 

21 military department concerned— 

22 (1) certifies that the pricing under the contract 

23 is fair and reasonable and that the Secretary has all 

24 the information necessary to make such certification; 

25 and 

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1 (2) the congressional defense committees have 

2 been notified at least 30 days in advance of the award 

3 of the proposed contract, and the notification includes 

4 a statement of the cancellation ceiling for the con5 tract. 

6 (d) ACCOUNTING FOR COSTS.—For the purpose of ac7 counting for the costs of contracts entered into under this 

8 section, the Department of Defense shall either— 

9 (1) record obligations for the full cost of the con10 tract at the time of contract award; or 

11 (2) record obligations for each fiscal year of the 

12 contract equal to the Government’s total annual li13 ability, which includes, for a fiscal year, the perform14 ance cost of the contract for the fiscal year plus any 

15 costs that would be incurred if the contract were can16 celled at the end of the fiscal year. 

17 (e) MULTIYEAR CONTRACT DEFINED.—In this section, 

18 the term ‘‘multiyear contract’’ has the meaning provided 

19 in section 2306b(k) of this title. 

20 (f) REGULATIONS.—The Secretary of Defense shall pre21 scribe regulations to carry out this section. The regulations 

22 shall include provisions similar to the provisions required 

23 under section 2306b(e) of this title (relating to protection 

24 of existing authority). 

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1 SEC. 1706. TRANSFER AUTHORITY. 

2 (a) IN GENERAL.—The Secretary of Defense may 

3 transfer from amounts described in subsection (b) to other 

4 appropriations of the Department of Defense for fiscal year 

5 2008 or any subsequent fiscal year such amounts as the Sec6 retary determines necessary to address critical readiness re7 quirements designated by the Board. Amounts so trans8 ferred shall be merged with and be available for the same 

9 purposes as the accounts to which transferred. The total 

10 amount that the Secretary may transfer under the author11 ity of this section in any fiscal year is $1,000,000,000. 

12 (b) AMOUNTS SUBJECT TO TRANSFER.—Transfers 

13 under this section may be made only from amounts appro14 priated to the Department of Defense for fiscal year 2008 

15 or any subsequent fiscal year that remain available for obli16 gation. 

17 (c) ADDITIONAL AUTHORITY.—The authority provided 

18 by this section is in addition to any other authority pro19 vided by law authorizing the transfer of amounts available 

20 to the Department of Defense. 

21 SEC. 1707. SPECIAL AUTHORITY FOR USE OF WORKING CAP22 ITAL FUNDS FOR CRITICAL READINESS RE23 QUIREMENTS. 

24 (a) NOTIFICATION TO SECRETARY OF CERTAIN EX25 PENSES.—The Secretary of a military department shall no26 tify the Secretary of Defense if the Secretary of the military 

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1 department determines that costs will be incurred for work 

2 on a critical readiness program in excess of amounts avail3 able in the working capital fund of the military depart4 ment. 

5 (b) TRANSFER OF FUNDS.—The Secretary of Defense, 

6 after receiving a notification under subsection (a), may 

7 transfer funds from another working capital fund or other 

8 funds available to the Department of Defense for fiscal year 

9 2008 or any subsequent fiscal year sufficient to cover the 

10 costs of the critical readiness program. The Secretary of the 

11 military department to which the funds are transferred 

12 shall notify the congressional defense committees of the 

13 transfer within 30 days after the transfer is made. 

14 (c) REQUIREMENT TO REIMBURSE WORKING CAPITAL

15 FUNDS.—In the case of any working capital fund from 

16 which a transfer is made under subsection (b), the Secretary 

17 of Defense shall, within 12 months after the transfer, reim18 burse the fund from any of the following: 

19 (1) An appropriation of funds. 

20 (2) Other funds available to the Department of 

21 Defense. 

22 (3) If the Secretary is unable to provide reim23 bursement pursuant to paragraph (1) or (2) within 

24 nine months after the transfer, advance billing (under 

25 section 2208(i) of title 10, United States Code) from 

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1 the military department carrying out the critical 

2 readiness program. 

3 (d) ADDITIONAL TRANSFER AUTHORITY.—The trans4 fer authority under this section is in addition to any other 

5 transfer authority. 

6 (e) CRITICAL READINESS PROGRAM.—In this section, 

7 the term ‘‘critical readiness program’’ means a program to 

8 address a critical readiness requirement designated by the 

9 Board. 

10 SEC. 1708. STRATEGIC READINESS FUND. 

11 (a) ESTABLISHMENT.—There is established on the 

12 books of the Treasury a fund to be known as the Department 

13 of Defense Strategic Readiness Fund (in this subsection re14 ferred to as the ‘‘Fund’’), which shall be administered by 

15 the Secretary of the Treasury. 

16 (b) PURPOSES.—The Fund shall be used to address 

17 critical readiness requirements designated under section 

18 1701(c). 

19 (c) ASSETS OF FUND.—There shall be deposited into 

20 the Fund any amount appropriated to the Fund, which 

21 shall constitute the assets of the Fund. 

22 (d) TRANSFER OF FUNDS.— 

23 (1) The Secretary of Defense may transfer 

24 amounts in the Fund to such appropriations accounts 

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1 ing critical readiness requirements designated under 

2 section 1701(c). Amounts so transferred shall be 

3 merged with and available for the same purposes and 

4 for the same time period as the appropriation account 

5 to which transferred. 

6 (2) The transfer authority provided in para7 graph (1) is in addition to any other transfer author8 ity available to the Department of Defense. Upon a 

9 determination that all or part of the amounts trans10 ferred from the Fund are not necessary for the pur11 poses for which transferred, such amounts may be 

12 transferred back to the Fund. 

13 (3) The Secretary of Defense shall notify the con14 gressional defense committees within 30 days after the 

15 Secretary makes a transfer under this subsection. 

16 (e) AUTHORIZATION.—There is hereby authorized to be 

17 appropriated to the Strategic Readiness Fund 

18 $1,000,000,000, to be derived from amounts for Operations 

19 and Maintenance under section 1508. 

20 DIVISION B—MILITARY CON21 STRUCTION AUTHORIZA22 TIONS 

23 SEC. 2001. SHORT TITLE. 

24 This division may be cited as the ‘‘Military Construc25 tion Authorization Act for Fiscal Year 2008’’. 

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1 TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2006 project. 

2 SEC. 2101. AUTHORIZED ARMY 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 2104(a)(1), the Secretary of the Army 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: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ............ Anniston Army Depot .............................................. $26,000,000 

Alaska ............... Fort Richardson ....................................................... $92,800,000 

Fort Wainwright ...................................................... $105,600,000 

Arizona ............. Fort Huachuca ......................................................... $129,600,000 

California ......... Fort Irwin ................................................................. $24,000,000 

Presidio, Monterey .................................................... $28,000,000 

Colorado ............ Fort Carson ............................................................... $157,200,000 

Delaware ........... Dover Air Force Base ............................................... $17,500,000 

Florida .............. Eglin Air Force Base ............................................... $66,000,000 

Southern Command Headquarters, Miami ............ $237,000,000 

Georgia .............. Fort Benning ............................................................ $185,800,000 

Fort Stewart/Hunter Army Air Field .................... $123,500,000 

Hawaii .............. Fort Shafter .............................................................. $31,000,000 

Kahuku Training Area ............................................ $9,200,000 

Schofield Barracks .................................................... $88,000,000 

Wheeler Army Air Field .......................................... $51,000,000 

Kansas .............. Fort Leavenworth ..................................................... $90,800,000 

Fort Riley ................................................................. $140,200,000 

Kentucky ........... Fort Campbell ........................................................... $105,000,000 

Fort Knox .................................................................. $6,700,000 

Missouri ............ Fort Leonard Wood .................................................. $129,050,000 

Nevada .............. Hawthorne Army Ammunition Plant .................... $11,800,000 

New Mexico ....... White Sands Missile Range ..................................... $71,000,000 

New York .......... Fort Drum ................................................................ $300,600,000 

North Carolina Fort Bragg ................................................................ $270,800,000 

Oklahoma .......... Fort Sill .................................................................... $2,900,000 

South Carolina Fort Jackson ............................................................. $85,000,000 

Texas ................. Camp Bullis .............................................................. $1,600,000 

Corpus Christi .......................................................... $11,200,000 

Fort Bliss .................................................................. $111,900,000 

Fort Hood ................................................................. $138,000,000 

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Army: Inside the United States—Continued 

State Installation or Location Amount 

Fort Sam Houston ................................................... $19,150,000 

Red River Army Depot ............................................ $9,200,000 

Virginia ............ Fort Belvoir .............................................................. $13,000,000 

Fort Eustis ................................................................ $75,000,000 

Fort Lee ..................................................................... $22,600,000 

Fort Myer .................................................................. $20,800,000 

Washington ....... Fort Lewis ................................................................. $167,900,000 

Yakima Training 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 

Afghanistan ......................... Afghanistan ................................................ $13,800,000 

Bulgaria ............................... Nevo Selo FOS ........................................... $61,000,000 

Germany .............................. Grafenwoehr ............................................... $62,000,000 

Hondurus ............................. Various locations ....................................... $2,550,000 

Italy ..................................... Vicenza ....................................................... $173,000,000 

Korea .................................... Camp Humphreys ..................................... $57,000,000 

Romania .............................. Various locations ....................................... $12,600,000 

7 SEC. 2102. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the 

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, in the number of units, and in 

14 the amounts set forth in the following table: 

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Army: Family Housing 

State or Country Installation or Location Units Amount 

Utah ............................ Dugway Proving Grounds ............... 28 ........ $5,000,000 

Germany .................... Ansbach ............................................. 138 ...... $52,000,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(5)(A), the Secretary of the Army may carry 

4 out architectural and engineering services and construction 

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to 

7 exceed $2,000,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States Code, 

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2104(a)(5)(A), the Sec13 retary of the Army may improve existing military family 

14 housing units in an amount not to exceed $365,400,000. 

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal years begin18 ning after September 30, 2007, for military construction, 

19 land acquisition, and military family housing functions of 

20 the Department of the Army in the total amount of 

21 $5,382,917,000 as follows: 

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1 (1) For military construction projects inside the 

2 United States authorized by section 2101(a), 

3 $3,222,500,000. 

4 (2) For military construction projects outside the 

5 United States authorized by section 2101(b), 

6 $381,950,000. 

7 (3) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, United 

9 States Code, $27,200,000. 

10 (4) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $329,547,000. 

13 (5) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $424,400,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $731,920,000. 

21 (6) For the construction of increment 2 of a bar22 racks complex at Fort Lewis, Washington, authorized 

23 by section 2101(a) of the Military Construction Au24 thorization Act for Fiscal Year 2007 (division B of 

25 Public Law 109–364; 120 Stat. 2445), as amended by 

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1 section 20814 of the Continuing Appropriations Reso2 lution, 2007 (division B of Public Law 109–289), as 

3 added by section 2 of the Revised Continuing Appro4 priations Resolution, 2007 (Public Law 110–5; 121 

5 Stat. 41), $102,000,000. 

6 (7) For the construction of increment 3 of a bar7 racks complex at Fort Bragg, North Carolina, author8 ized by section 2101(a) of the Military Construction 

9 Authorization Act for Fiscal Year 2006 (division B of 

10 Public Law 109–163; 119 Stat. 3485), $47,400,000 

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and 

14 any other cost variation authorized by law, the total cost 

15 of all projects carried out under section 2101 of this Act 

16 may not exceed the sum of the following: 

17 (1) The total amount authorized to be appro18 priated under paragraphs (1) and (2) of subsection 

19 (a). 

20 (2) $46,000,000 (the balance of the amount au21 thorized under section 2201(a) for construction of an 

22 operations complex at Eglin Air Force Base, Flor23 ida). 

24 (3) $70,000,000 (the balance of the amount au25 thorized under section 2201(a) for construction of the 

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1 United States Southern Command Headquarters, 

2 Miami, Florida). 

3 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2006 PROJECT. 

5 (a) MODIFICATION.—The table in section 2101(a) of 

6 the Military Construction Authorization Act for Fiscal Year 

7 2006 (division B of Public Law 109–163; 119 Stat. 3485) 

8 is amended in the item relating to Fort Bragg, North Caro9 lina, by striking ‘‘$301,250,000’’ in the amount column and 

10 inserting ‘‘$308,250,000’’. 

11 (b) CONFORMING AMENDMENTS.—Section 2104(b)(5) 

12 of that Act (119 Stat. 3488) is amended by striking 

13 ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’. 

14 TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Repeal of authorization for construction of Navy Outlying Landing 

Field, Washington County, North Carolina. 

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations 

19 in section 2204(a)(1), the Secretary of the Navy may ac20 quire real property and carry out military construction 

21 projects for the installations or locations inside the United 

22 States, and in the amounts, set forth in the following table: 

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Navy: Inside the United States 

State Installation or Location Amount 

Alaska ............... Outlying Field Evergreen ........................................ $9,560,000 

Arizona ............. Marine Corps Air Station, Yuma ........................... $33,720,000 

California ......... Marine Corps Air Station, Miramar ..................... $26,760,000 

Marine Corps Base, Camp Pendleton ..................... $282,450,000 

Marine Corps Base, Twentynine Palms ................. $142,619,000 

Naval Station, San Diego ....................................... $23,630,000 

Florida .............. Marine Corps Logistics Base, Blount Island ......... $7,570,000 

...................... Naval Surface Warfare Center, Panama City ....... $13,870,000 

Naval Training Center, Corry Field ...................... $1,600,000 

Hawaii .............. Marine Corps Air Station, Kaneohe ....................... $37,961,000 

Naval Base, Pearl Harbor ....................................... $99,860,000 

Naval Station Pearl Harbor, Wahiawa ................. $65,410,000 

Illinois ............... Naval Training Center, Great Lakes ...................... $10,221,000 

Maryland .......... Naval Air Warfare Center, Patuxent River ........... $38,360,000 

Naval Surface Warfare Center, Indian Head ........ $9,500,000 

North Carolina Marine Corps Air Station, Cherry Point ............... $28,610,000 

Marine Corps Air Station, New River ................... $58,630,000 

Marine Corps Base, Camp Lejeune ........................ $234,730,000 

South Carolina Marine Corps Air Station, Beaufort ...................... $10,300,000 

Marine Corps Recruit Depot, Parris Island .......... $55,282,000 

Texas ................. Naval Air Station, Corpus Christi ......................... $14,290,000 

Virginia ............ Marine Corps Base, Quantico ................................. $50,519,000 

Naval Station, Norfolk ............................................. $65,360,000 

Naval Support Activity, Chesapeake ...................... $8,450,000 

Naval Surface Warfare Center, Dahlgren .............. $10,000,000 

Washington ....... Naval Air Station, Whidbey Island ........................ $34,510,000 

Naval Station, Bremerton ....................................... $119,760,000 

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 ............................... Southwest Asia .......................................... $35,500,000 

Diego Garcia ....................... Naval Support Facility, Diego Garcia .... $7,150,000 

Djibouti ................................ Camp Lemonier ......................................... $22,390,000 

Guam ................................... Naval Activities, Guam ............................ $278,818,000 

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 acmstockstill on PROD1PC66 with BILLS

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1 quire real property and carry out military construction 

2 projects for unspecified installations or locations in the 

3 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 

4 SEC. 2202. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2204(a)(6)(A), the Secretary of the 

8 Navy may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations, in the number of units, and in the amounts 

11 set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

Mariana Islands ........ Naval Activities, Guam .................... 73 ........ $57,167,000 

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2204(a)(6)(A), the Secretary of the Navy may carry 

15 out architectural and engineering services and construction 

16 design activities with respect to the construction or im17 provement of military family housing units in an amount 

18 not to exceed $3,172,000. 

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1 SEC. 2203. 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 2204(a)(6)(A), the Sec6 retary of the Navy may improve existing military family 

7 housing units in an amount not to exceed $237,990,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 (a) IN GENERAL.—Funds are hereby authorized to be 

10 appropriated for fiscal years beginning after September 30, 

11 2007, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the 

13 Navy in the total amount of $2,804,429,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $1,493,532,000. 

17 (2) For military construction projects outside the 

18 United States authorized by section 2201(b), 

19 $343,858,000. 

20 (3) For military construction projects at unspec21 ified worldwide locations authorized by section 

22 2201(c), $11,600,000. 

23 (4) For unspecified minor military construction 

24 projects authorized by section 2805 of title 10, United 

25 States Code, $10,000,000. 

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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, $111,067,000. 

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, $298,329,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 of 

10 title 10, United States Code), $371,404,000. 

11 (7) For the construction of increment 2 of the 

12 construction of an addition to the National Maritime 

13 Intelligence Center, Suitland, Maryland, authorized 

14 by section 2201(a) of the Military Construction Au15 thorization Act for Fiscal Year 2007 (division B of 

16 Public Law 109–364; 120 Stat. 2448), $52,069,000. 

17 (8) For the construction of increment 3 of recruit 

18 training barracks infrastructure upgrade at Recruit 

19 Training Command, Great Lakes, Illinois, authorized 

20 by section 2201(a) of the Military Construction Au21 thorization Act for Fiscal Year 2006 (division B of 

22 Public Law 109–163; 119 Stat. 3490), $16,650,000. 

23 (9) For the construction of increment 3 of wharf 

24 upgrades at Yokosuka, Japan, authorized by section 

25 2201(b) of the Military Construction Authorization 

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1 Act of Fiscal Year 2006 (division B of Public Law 

2 109–163; 119 Stat. 3490), $8,750,000. 

3 (10) For the construction of increment 2 of the 

4 Bachelor Enlisted Quarters Homeport Ashore Pro5 gram at Bremerton, Washington (formerly referred to 

6 as a project at Naval Station, Everett), authorized by 

7 section 2201(a) of the Military Construction Author8 ization Act of Fiscal Year 2006 (division B of Public 

9 Law 109–163; 119 Stat.3490), $47,240,000. 

10 (11) For the construction of increment 4 of the 

11 limited area production and storage complex at Naval 

12 Submarine Base, Kitsap, Bangor, Washington (for13 merly referred to as a project at the Strategic Weap14 ons Facility Pacific, Bangor), authorized by section 

15 2201(a) of the Military Construction Authorization 

16 Act of Fiscal Year 2005 (division B of Public Law 

17 108–375; 118 Stat. 2105), as amended by section 

18 2206 of the Military Construction Authorization Act 

19 for Fiscal Year 2006 (division B of Public Law 109– 

20 163; 119 Stat. 3493), $39,750,000. 

21 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

22 PROJECTS.—Notwithstanding the cost variations author23 ized by section 2853 of title 10, United States Code, and 

24 any other cost variation authorized by law, the total cost 

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1 of all projects carried out under section 2201 of this Act 

2 may not exceed the sum of the following: 

3 (1) The total amount authorized to be appro4 priated under paragraphs (1), (2), and (3) of sub5 section (a). 

6 (2) $50,000,000 (the balance of the amount au7 thorized under section 2201(b) for construction of a 

8 wharf extension in Apra Harbor, Guam. 

9 SEC. 2205. REPEAL OF AUTHORIZATION FOR CONSTRUC10 TION OF NAVY OUTLYING LANDING FIELD, 

11 WASHINGTON COUNTY, NORTH CAROLINA. 

12 (a) REPEAL OF AUTHORIZATION.—The table in section 

13 2201(a) of the Military Construction Authorization Act for 

14 Fiscal Year 2004 (division B of Public Law 108–136; 117 

15 Stat. 1704) is amended by striking the item relating to 

16 Navy Outlying Landing Field, Washington County, North 

17 Carolina, as added by section 2205(a) of the Military Con18 struction Authorization Act for Fiscal Year 2007 (division 

19 B of Public Law 109–364; 120 Stat. 2452). 

20 (b) REPEAL OF INCREMENTAL FUNDING AUTHOR21 ITY.—Section 2204(b) of that Act (117 Stat. 1706) is 

22 amended by striking paragraph (6). 

23 (c) EFFECT OF REPEAL.—The amendments made by 

24 this section do not affect the expenditure of funds obligated, 

25 before the effective date of this title, for the construction of 

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1 the Navy Outlying Landing Field, Washington County, 

2 North Carolina, or the acquisition of real property to facili3 tate such construction. 

4 TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project. 

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

6 LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts ap8 propriated pursuant to the authorization of appropriations 

9 in section 2304(a)(1), the Secretary of the Air Force may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 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 ............................. $70,180,000 

Arizona ....................... Davis-Monthan Air Force Base ..................... $11,200,000 

Kirtland Air Force Base ................................ $3,700,000 

Luke Air Force Base ....................................... $5,500,000 

Arkansas ..................... Little Rock Air Force Base ............................ $9,800,000 

California ................... Edwards Air Force Base ................................ $8,500,000 

Travis Air Force Base .................................... $37,400,000 

Colorado ..................... Fort Carson ..................................................... $13,500,000 

Schriever Air Force Base ............................... $24,500,000 

United States Air Force Academy ................. $15,000,000 

District of Columbia Bolling Air Force Base ................................... $2,500,000 

Florida ....................... Eglin Air Force Base ...................................... $158,300,000 

MacDill Air Force Base ................................. $60,500,000 

Patrick Air Force Base ................................... $11,854,000 

Tyndall Air Force Base .................................. $44,114,000 

Georgia ....................... Robins Air Force Base ................................... $19,700,000 

Hawaii ....................... Hickam Air Force Base .................................. $31,971,000 

Illinois ........................ Scott Air Force Base ...................................... $16,700,000 

Kansas ........................ Fort Riley ........................................................ $12,515,000 

Missouri ...................... Whiteman Air Force Base .............................. $11,400,000 

Nebraska ..................... Offutt Air Force Base ..................................... $16,952,000 

New Mexico ................ Cannon Air Force Base .................................. $1,688,000 

North Dakota ............. Minot Air Force Base ..................................... $18,200,000 

Oklahoma ................... Altus Air Force Base ...................................... $2,000,000 

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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Tinker Air Force Base .................................... $34,600,000 

South Carolina .......... Shaw Air Force Base ...................................... $9,300,000 

Texas ........................... Lackland Air Force Base ............................... $14,000,000 

Shepard Air Force Base ................................. $7,000,000 

Utah ............................ Hill Air Force Base ........................................ $16,799,000 

Washington ................ Fairchild Air Force Base ............................... $6,200,000 

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 .......................... $15,800,000 

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 

12 projects for unspecified installations or locations in the 

13 amount set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified .......... Classified Project ....................................... $1,500,000 

Classified-Special Evaluation Program .. $13,940,000 

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1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at 

7 the installations or locations, in the number of units, and 

8 in the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Germany ....................... Ramstein Air Base ........................... 117 .... $56,275,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2304(a)(6)(A), the Secretary of the Air Force may 

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction 

14 or improvement of military family housing units in an 

15 amount not to exceed $12,210,000. 

16 SEC. 2303. 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 2304(a)(6)(A), the Sec21 retary of the Air Force may improve existing military fam22 ily housing units in an amount not to exceed $294,262,000. 

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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

2 FORCE. 

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 Air Force in the total 

7 amount of $2,120,191,000, as follows: 

8 (1) For military construction projects inside the 

9 United States authorized by section 2301(a), 

10 $770,173,000. 

11 (2) For military construction projects outside the 

12 United States authorized by section 2301(b), 

13 $146,409,000. 

14 (3) For the military construction projects at un15 specified worldwide locations authorized by section 

16 2301(c), $15,440,000. 

17 (4) For unspecified minor military construction 

18 projects authorized by section 2805 of title 10, United 

19 States Code, $15,000,000. 

20 (5) For architectural and engineering services 

21 and construction design under section 2807 of title 

22 10, United States Code, $62,087,000. 

23 (6) For military family housing functions: 

24 (A) For construction and acquisition, plan25 ning and design, and improvement of military 

26 family housing and facilities, $362,747,000. 

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1 (B) For support of military family housing 

2 (including functions described in section 2833 of 

3 title 10, United States Code), $688,335,000. 

4 (7) For the construction of increment 3 of the 

5 main base runway at Edwards Air Force Base, Cali6 fornia, authorized by section 2301(a) of the Military 

7 Construction Authorization Act for Fiscal Year 2006 

8 (division B of Public Law 109–163; 119 Stat. 3494), 

9 $35,000,000. 

10 (8) For the construction of increment 3 of the 

11 CENTCOM Joint Intelligence Center at MacDill Air 

12 Force Base, Florida, authorized by section 2301(a) of 

13 the Military Construction Authorization Act for Fis14 cal Year 2006 (division B of Public Law 109-163; 

15 119 Stat. 3494), as amended by section 2305 of the 

16 Military Construction Authorization Act for Fiscal 

17 Year 2007 (division B of Public Law 109–364; 120 

18 Stat. 2456), $25,000,000. 

19 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2006 PROJECT. 

21 (a) FURTHER MODIFICATION OF INSIDE THE UNITED

22 STATES PROJECT.—The table in section 2301(a) of the 

23 Military Construction Authorization Act for Fiscal Year 

24 2006 (division B of Public Law 109–163; 119 Stat. 3494), 

25 as amended by section 2305(a) of the Military Construction 

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1 Authorization Act for Fiscal Year 2007 (division B of Pub2 lic Law 109–364; 120 Stat. 2456), is further amended in 

3 the item relating to MacDill Air Force Base, Florida, by 

4 striking ‘‘$101,500,000’’ in the amount column and insert5 ing ‘‘$126,500,000’’. 

6 (b) CONFORMING AMENDMENT.—Section 2304(b)(4) of 

7 the Military Construction Authorization Act for Fiscal Year 

8 2006 (division B of Public Law 109–163; 119 Stat. 3496), 

9 as amended by section 2305(b) of the Military Construction 

10 Authorization Act for Fiscal Year 2007 (division B of Pub11 lic Law 109–364; 120 Stat. 2456), is further amended is 

12 amended by striking ‘‘$23,300,000’’ and inserting 

13 ‘‘$48,300,000’’. 

14 TITLE XXIV—DEFENSE 

15 AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

16 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC17 TION AND LAND ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations 

20 in section 2404(a)(1), the Secretary of Defense may acquire 

21 real property and carry out military construction projects 

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1 for the installations or locations inside the United States, 

2 and in the amounts, set forth in the following tables: 

Defense Education Activity 

State Installation or Location Amount 

North Carolina Marine Corps Base, Camp Lejeune ............................ $2,014,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia ... Bolling Air Force Base ..................................... $1,012,000 

Defense Logistics Agency 

State Installation or Location Amount 

California ......... Port Loma Annex ......................................................... $140,000,000 

Florida .............. Naval Air Station, Key West ...................................... $1,874,000 

Hawaii .............. Hickam Air Force Base ............................................... $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, Coronodo ............................. $12,000,000 

Florida .............. Hurlburt Field .............................................................. $29,111,000 

MacDill Air Force Base ............................................... $47,700,000 

Georgia .............. Fort Benning ................................................................ $35,000,000 

Hunter Army Air Field ............................................... $13,800,000 

Kentucky ........... Fort Campbell ............................................................... $53,500,000 

New Mexico ....... Cannon Air Force Base ............................................... $7,500,000 

North Carolina Fort Bragg .................................................................... $47,250,000 

Marine Corps Base, Camp Lejeune ............................ $28,210,000 

Virginia ............. Dam Neck ...................................................................... $113,800,000 

Naval Amphibious Base, Little Creek ........................ $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 

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TRICARE Management Activity—Continued 

State Installation or Location Amount 

Washington ....... Fort Lewis ..................................................................... $21,000,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ............. Pentagon Reservation .................................................. $18,531,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense 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 tables: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium .................. Sterrebeek ................................................................ $5,992,000 

Germany ................. Ramstein Air Base ................................................. $5,393,000 

Wiesbaden Air Base ................................................ $20,472,000 

Special Operations Command 

Country Installation or Location Amount 

Bahrain .................. Southwest Asia ........................................................ $19,000,000 

Qatar ...................... Al Udeid AB ........................................................... $52,852,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Germany ................. Spangdahlem Air Base .......................................... $30,100,000 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2404(a)(3), the Secretary of Defense may 

10 acquire real property and carry out military construction 

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1 projects for unspecified installations or locations in the 

2 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified Classified Project ....................................... $1,887,000 

3 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2404(a)(7), the Sec6 retary of Defense may carry out energy conservation 

7 projects under chapter 173 of title 10, United States Code, 

8 in the amount of $70,000,000. 

9 SEC. 2403. AUTHORIZED BASE CLOSURE AND REALIGN10 MENT ACTIVITIES FUNDED THROUGH DE11 PARTMENT OF DEFENSE BASE CLOSURE AC12 COUNT 2005. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2404(a)(9), the Sec15 retary of Defense may carry out base closure and realign16 ment activities, including real property acquisition and 

17 military construction projects, as authorized by the Defense 

18 Base Closure and Realignment Act of 1990 (part A of title 

19 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

20 funded through the Department of Defense Base Closure Ac21 count 2005 established by section 2906A of such Act, in the 

22 amount of $8,174,315,000. 

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1 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

2 AGENCIES. 

3 (a) IN GENERAL.—Funds are hereby authorized to be 

4 appropriated for fiscal years beginning after September 30, 

5 2007, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense 

7 (other than the military departments) in the total amount 

8 of $10,436,164,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $996,883,000. 

12 (2) For military construction projects outside the 

13 United States authorized by section 2401(b), 

14 $133,809,000. 

15 (3) For the military construction projects at un16 specified worldwide locations authorized by section 

17 2301(c), $1,887,000. 

18 (4) For unspecified minor military construction 

19 projects under section 2805 of title 10, United States 

20 Code, $23,711,000. 

21 (5) For contingency construction projects of the 

22 Secretary of Defense under section 2804 of title 10, 

23 United States Code, $10,000,000. 

24 (6) For architectural and engineering services 

25 and construction design under section 2807 of title 

26 10, United States Code, $147,328,000. 

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1 (7) For energy conservation projects authorized 

2 by section 2402 of this Act, $70,000,000. 

3 (8) For base closure and realignment activities 

4 as authorized by the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of Public 

6 Law 101–510; 10 U.S.C. 2687 note) and funded 

7 through the Department of Defense Base Closure Ac8 count 1990 established by section 2906 of such Act, 

9 $230,689,000. 

10 (9) For base closure and realignment activities 

11 authorized by section 2403 of this Act and funded 

12 through the Department of Defense Base Closure Ac13 count 2005 established by section 2906A of the De14 fense Base Closure and Realignment Act of 1990 

15 (part A of title XXIX of Public Law 101–510; 10 

16 U.S.C. 2687 note), $8,174,315,000. 

17 (10) For military family housing functions: 

18 (A) For support of military family housing 

19 (including functions described in section 2833 of 

20 title 10, United States Code), $48,848,000. 

21 (B) For credit to the Department of Defense 

22 Family Housing Improvement Fund established 

23 by section 2883(a)(1) of title 10, United States 

24 Code, $500,000. 

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1 (11) For the construction of increment 2 of the 

2 health clinic replacement at MacDill Air Force Base, 

3 Florida, authorized by section 2401(a) of the Military 

4 Construction Authorization Act of Fiscal Year 2007 

5 (division B of Public Law 109–364; 120 Stat. 2457), 

6 $41,400,000. 

7 (12) For the construction of increment 2 of the 

8 replacement of the Army Medical Research Institute 

9 of Infectious Diseases at Fort Detrick, Maryland, au10 thorized by section 2401(a) of the Military Construc11 tion Authorization Act of Fiscal Year 2007 (division 

12 B of Public Law 109–364; 120 Stat. 2457), 

13 $150,000,000. 

14 (13) For the construction of increment 3 of the 

15 regional security operations center at Augusta, Geor16 gia, authorized by section 2401(a) of the Military 

17 Construction Authorization Act of Fiscal Year 2006 

18 (division B of Public Law 109–163; 119 Stat. 3497), 

19 as amended by section 7016 of Public Law 109–234 

20 (120 Stat. 485), $100,000,000. 

21 (14) For the construction of increment 3 of the 

22 regional security operations center at Kunia, Hawaii, 

23 authorized by section 2401(a) of the Military Con24 struction Authorization Act of Fiscal Year 2006 (divi25 sion B of Public Law 109–163; 119 Stat. 3497), as 

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1 amended by section 7017 of Public Law 109–234 (120 

2 Stat. 485), $136,318,000. 

3 (15) For the construction of increment 8 of a 

4 munitions demilitarization facility at Blue Grass 

5 Army Depot, Kentucky, authorized by section 2401(a) 

6 of the Military Construction Authorization Act for 

7 Fiscal Year 2000 (division B of Public Law 106–65; 

8 113 Stat. 835), as amended by section 2405 of the 

9 Military Construction Authorization Act for Fiscal 

10 Year 2002 (division B of Public Law 107–107; 115 

11 Stat. 1298) and section 2405 of the Military Con12 struction Authorization Act for Fiscal Year 2003 (di13 vision B of Public Law 107–314; 116 Stat. 2698), 

14 $51,017,000. 

15 (16) For the construction of increment 9 of a 

16 munitions demilitarization facility at Pueblo Chem17 ical Activity, Colorado, authorized by section 2401(a) 

18 of the Military Construction Authorization Act for 

19 Fiscal Year 1997 (division B of Public Law 104–201; 

20 110 Stat. 2775), as amended by section 2406 of the 

21 Military Construction Authorization Act for Fiscal 

22 Year 2000 (division B of Public Law 106–65; 113 

23 Stat. 839) and section 2407 of the Military Construc24 tion Authorization Act for Fiscal Year 2003 (division 

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1 B of Public Law 107–314; 116 Stat. 2698), 

2 $35,159,000. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and 

6 any other cost variation authorized by law, the total cost 

7 of all projects carried out under section 2401 of this Act 

8 may not exceed the sum of the following: 

9 (1) The total amount authorized to be appro10 priated under paragraphs (1), (2), and (3) of sub11 section (a). 

12 (2) $84,300,000 (the balance of the amount au13 thorized for the Defense Logistics Agency under sec14 tion 2401(a) for the replacement of fuel storage facili15 ties, Point Loma Annex, California). 

16 TITLE XXV—NORTH ATLANTIC 

17 TREATY ORGANIZATION SE18 CURITY INVESTMENT PRO19 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

20 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

21 ACQUISITION PROJECTS. 

22 The Secretary of Defense may make contributions for 

23 the North Atlantic Treaty Organization Security Invest24 ment Program as provided in section 2806 of title 10, 

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1 United States Code, in an amount not to exceed the sum 

2 of the amount authorized to be appropriated for this pur3 pose in section 2502 and the amount collected from the 

4 North Atlantic Treaty Organization as a result of construc5 tion previously financed by the United States. 

6 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2007, for contribu9 tions by the Secretary of Defense under section 2806 of title 

10 10, United States Code, for the share of the United States 

11 of the cost of projects for the North Atlantic Treaty Organi12 zation Security Investment Program authorized by section 

13 2501, in the amount of $201,400,000. 

14 TITLE XXVI—GUARD AND 

15 RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

16 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC17 TION AND LAND ACQUISITION PROJECTS. 

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 2007, for the costs 

20 of acquisition, architectural and engineering services, and 

21 construction of facilities for the reserve components, and for 

22 contributions therefor, under chapter 1803 of title 10, 

23 United States Code (including the cost of acquisition of 

24 land for those facilities), in the following amounts: 

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1 (1) For the Department of the Army— 

2 (A) for the Army National Guard of the 

3 United States, $425,891,000; and 

4 (B) for the Army Reserve, $133,084,000. 

5 (2) For the Department of the Navy, for the 

6 Navy Reserve and Marine Corps Reserve, 

7 $59,950,000. 

8 (3) For the Department of the Air Force— 

9 (A) for the Air National Guard of the 

10 United States, $111,717,000; and 

11 (B) for the Air Force Reserve, $27,559,000. 

12 TITLE XXVII—EXPIRATION AND 

13 EXTENSION OF AUTHORIZA14 TIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2704. Effective date. 

15 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

16 AMOUNTS REQUIRED TO BE SPECIFIED BY 

17 LAW. 

18 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

19 YEARS.—Except as provided in subsection (b), all author20 izations contained in titles XXI through XXVI for military 

21 construction projects, land acquisition, family housing 

22 projects and facilities, and contributions to the North At23 lantic Treaty Organization Security Investment Program 

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1 (and authorizations of appropriations therefor) shall expire 

2 on the later of— 

3 (1) October 1, 2010; or 

4 (2) the date of the enactment of an Act author5 izing funds for military construction for fiscal year 

6 2011. 

7 (b) EXCEPTION.—Subsection (a) shall not apply to au8 thorizations for military construction projects, land acqui9 sition, family housing projects and facilities, and contribu10 tions to the North Atlantic Treaty Organization Security 

11 Investment Program (and authorizations of appropriations 

12 therefor), for which appropriated funds have been obligated 

13 before the later of— 

14 (1) October 1, 2010; or 

15 (2) the date of the enactment of an Act author16 izing funds for fiscal year 2011 for military construc17 tion projects, land acquisition, family housing 

18 projects and facilities, or contributions to the North 

19 Atlantic Treaty Organization Security Investment 

20 Program. 

21 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

22 FISCAL YEAR 2005 PROJECTS. 

23 (a) EXTENSION AND RENEWAL.—Notwithstanding sec24 tion 2701 of the Military Construction Authorization Act 

25 for Fiscal Year 2005 (division B of Public Law 108-375; 

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1 118 Stat. 2116), authorizations set forth in the tables in 

2 subsection (b), as provided in section 2101, 2302, 2401, or 

3 2601 of that Act, shall remain in effect until October 1, 

4 2008, or the date of the enactment of an Act authorizing 

5 funds for military construction for fiscal year 2009, which6 ever is later. 

7 (b) TABLES.—The tables referred to in subsection (a) 

8 are as follows: 

Army: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Schofield Barracks, Hawaii ................ Training facility ...................... $35,542,000 

Air Force: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Davis-Monthan Air Force Base, 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 

........................................................... Housing maintenance facility $1,250,000 

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 

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 

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 

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1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2004 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2004 (division B of Public Law 108–136; 117 Stat. 1716), 

6 authorizations set forth in the tables in subsection (b), as 

7 provided in section 2302 or 2601 of that Act and extended 

8 by section 2702 of the Military Construction Authorization 

9 Act for Fiscal Year 2007 (division B of Public Law 109– 

10 364; 120 Stat. 2464), shall remain in effect until October 

11 1, 2008, or the date of the enactment of an Act authorizing 

12 funds for military construction for fiscal year 2009, which13 ever is later. 

14 (b) TABLES.—The table referred to in subsection (a) 

15 is 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 

Army National Guard: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Albuquerque, New Mexico .................... Readiness center ....................... $2,533,000 

Fort Indiantown Gap, Pennsylvania Multi-purpose training range $15,338,000 

16 SEC. 2704. EFFECTIVE DATE. 

17 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 

18 this Act shall take effect on the later of— 

19 (1) October 1, 2007; or 

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1 (2) the date of the enactment of this Act. 

2 TITLE XXVIII—MILITARY CON3 STRUCTION GENERAL PROVI4 SIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. 

Sec. 2802. Increased threshold for congressional notification of leases for military 

family housing facilities in foreign countries. 

Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary 

lodging facilities. 

Sec. 2804. Expansion of authority to exchange reserve component facilities. 

Sec. 2805. Extension of authority to accept cash equalization payments for reserve component facility exchanges. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Continued consolidation of real property provisions without substantive change. 

Sec. 2812. Cooperative agreement authority for management of cultural resources 

on certain sites outside military installations. 

Sec. 2813. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 

Sec. 2814. Expansion to all military departments of Army pilot program for 

purchase of certain municipal services for military installations. 

Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. 

Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 

2005 to Department of Defense Housing Funds. 

Subtitle D—Land Conveyances 

Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon Maneuver Site, Colorado. 

Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2834. Additional conditions on lease of property for headquarters facility for 

United States Southern Command, Florida. 

Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. 

Sec. 2836. Land Exchange, Fort Hood, Texas. 

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Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, 

Virginia. 

Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. 

Subtitle E—Energy Security 

Sec. 2851. Repeal of congressional notification requirement regarding cancellation 

ceiling for Department of Defense energy savings performance 

contracts. 

Sec. 2852. Report on opportunities for leveraging funds of the Department of Defense and States to prevent disruption in event of electric grid 

or pipeline failures. 

Subtitle F—Other Matters 

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of the 

Air Force. 

Sec. 2863. Establishment of national military working dog teams monument on 

suitable military installation. 

Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States 

House of Representatives. 

Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member 

of the United States House of Representatives. 

Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, 

Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives. 

Sec. 2867. Naming of administration building at Joint Systems Manufacturing 

Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, 

a former member of the United States House of Representatives. 

Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. 

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1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. TEMPORARY AUTHORITY TO SUPPORT REVITAL5 IZATION OF DEPARTMENT OF DEFENSE LAB6 ORATORIES THROUGH UNSPECIFIED MINOR 

7 MILITARY CONSTRUCTION PROJECTS. 

8 (a) LABORATORY REVITALIZATION.—Section 2805 of 

9 title 10, United States Code, is amended— 

10 (1) by redesignation subsection (d) as subsection 

11 (e); and 

12 (2) by inserting after subsection (c) the following 

13 new subsection (d): 

14 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the revi15 talization and recapitalization of laboratories owned by the 

16 United States and under the jurisdiction of the Secretary 

17 concerned, the Secretary concerned may obligate and ex18 pend— 

19 ‘‘(A) from appropriations available to the Sec20 retary concerned for operation and maintenance, 

21 amounts necessary to carry out an unspecified minor 

22 military construction project costing not more than 

23 $2,000,000; or 

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1 wise authorized by law, amounts necessary to carry 

2 out an unspecified minor military construction 

3 project costing not more than $5,000,000. 

4 ‘‘(2) For an unspecified minor military construction 

5 project conducted pursuant to this subsection, $2,000,000 

6 shall be deemed to be the amount specified in subsection 

7 (b)(1) regarding when advance approval of the project by 

8 the Secretary concerned and congressional notification is 

9 required. The Secretary of Defense shall establish procedures 

10 for the review and approval of requests from the Secretary 

11 of a military department to carry out a construction project 

12 under this subsection. 

13 ‘‘(3) For purposes of this subsection, the total amount 

14 allowed to be applied in any one fiscal year to projects at 

15 any one laboratory shall be limited to the larger of the 

16 amounts applicable under paragraph (1). 

17 ‘‘(4) Not later than February 1, 2010, the Secretary 

18 of Defense shall submit to the congressional defense commit19 tees a report on the use of the authority provided by this 

20 subsection. The report shall include a list and description 

21 of the construction projects carried out under this sub22 section, including the location and cost of each project. 

23 ‘‘(5) In this subsection, the term ‘laboratory’ in24 cludes— 

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1 ‘‘(A) a research, engineering, and development 

2 center; and 

3 ‘‘(B) a test and evaluation activity. 

4 ‘‘(6) The authority to carry out a project under this 

5 subsection expires on September 30, 2012.’’. 

6 (b) STYLISTIC AMENDMENTS.—Such section is further 

7 amended— 

8 (1) in subsection (a), by inserting ‘‘AUTHORITY

9 TO CARRY OUT UNSPECIFIED MINOR MILITARY CON10 STRUCTION PROJECTS.—’’ after ‘‘(a)’’; 

11 (2) in subsection (b), by inserting ‘‘APPROVAL

12 AND CONGRESSIONAL NOTIFICATION.—’’ after ‘‘(b)’’; 

13 (3) in subsection (c), by inserting ‘‘USE OF OP14 ERATION AND MAINTENANCE FUNDS.—’’ after ‘‘(c)’’; 

15 and 

16 (4) in subsection (e), as redesignated by sub17 section (a)(1), by inserting ‘‘PROHIBITION ON USE

18 FOR NEW HOUSING UNITS.—’’ after ‘‘(e)’’. 

19 SEC. 2802. INCREASED THRESHOLD FOR CONGRESSIONAL 

20 NOTIFICATION OF LEASES FOR MILITARY 

21 FAMILY HOUSING FACILITIES IN FOREIGN 

22 COUNTRIES. 

23 Section 2828(f) of title 10, United States Code, is 

24 amended by striking ‘‘$500,000’’ and inserting 

25 ‘‘$1,000,000’’. 

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1 SEC. 2803. LIMITATION ON USE OF ALTERNATIVE AUTHOR2 ITY FOR ACQUISITION AND IMPROVEMENT OF 

3 MILITARY HOUSING FOR PRIVATIZATION OF 

4 TEMPORARY LODGING FACILITIES. 

5 (a) PRIVATIZATION LIMITED TO PILOT PROGRAM.— 

6 Section 2878 of title 10, United States Code, is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(e) LIMITATION ON PRIVATIZATION OF TEMPORARY

9 LODGING FACILITIES.—Notwithstanding any other provi10 sion of this subchapter, the privatization of temporary lodg11 ing facilities under this subchapter shall be limited to a 

12 pilot program to be conducted by the Secretary of the Army 

13 at the following military installations: 

14 ‘‘(1) Redstone Arsenal, Alabama. 

15 ‘‘(2) Fort Rucker, Alabama. 

16 ‘‘(3) Yuma Proving Ground, Arizona. 

17 ‘‘(4) Fort McNair, District of Columbia. 

18 ‘‘(5) Fort Shafter, Hawaii. 

19 ‘‘(6) Tripler Army Medical Center, Hawaii. 

20 ‘‘(7) Fort Leavenworth, Kansas. 

21 ‘‘(8) Fort Riley, Kansas. 

22 ‘‘(9) Fort Polk, Louisiana. 

23 ‘‘(10) Fort Sill, Oklahoma. 

24 ‘‘(11) Fort Hood, Texas. 

25 ‘‘(12) Fort Sam Houston, Texas. 

26 ‘‘(13) Fort Myer, Virginia.’’. 

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1 (b) REPORTING REQUIREMENTS.— 

2 (1) REPORT BY SECRETARY OF THE ARMY.—Not 

3 later than June 1, 2009, the Secretary of the Army 

4 shall submit to the congressional defense committees 

5 and the Comptroller General a report that— 

6 (A) describes the implementation of the 

7 pilot program authorized by subsection (e) of sec8 tion 2878 of title 10, United States Code, as 

9 added by this section, at the military installa10 tions specified in such subsection; 

11 (B) evaluates the efficiency of the program; 

12 and 

13 (C) contains such recommendations as the 

14 Secretary considers appropriate regarding ex15 pansion of the program. 

16 (2) REPORT BY COMPTROLLER GENERAL.—Not 

17 later than February 1, 2010, the Comptroller General 

18 shall submit to the congressional defense committees a 

19 review of the pilot program and of the report of the 

20 Secretary. 

21 SEC. 2804. EXPANSION OF AUTHORITY TO EXCHANGE RE22 SERVE COMPONENT FACILITIES. 

23 Section 18240(a) of title 10, United States Code is 

24 amended by striking ‘‘with a State’’ in the first sentence 

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1 tion 105 of title 5), the United States Postal Service, a 

2 State’’. 

3 SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT CASH 

4 EQUALIZATION PAYMENTS FOR RESERVE 

5 COMPONENT FACILITY EXCHANGES. 

6 Section 2809(c)(5) of the Military Construction Au7 thorization Act for Fiscal Year 2005 (division B of Public 

8 Law 108–375; 118 Stat. 2126) is amended by striking 

9 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2010’’. 

10 SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTE11 NANCE FUNDS FOR CONSTRUCTION 

12 PROJECTS OUTSIDE THE UNITED STATES. 

13 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub14 section (a) of section 2808 of the Military Construction Au15 thorization Act for Fiscal Year 2004 (division B of Public 

16 Law 108–136; 117 Stat. 1723), as amended by section 2810 

17 of the Military Construction Authorization Act for Fiscal 

18 Year 2005 (division B of Public Law 108–375; 118 Stat. 

19 2128), section 2809 of the Military Construction Authoriza20 tion Act for Fiscal Year 2006 (division B of Public Law 

21 109–163; 119 Stat. 3508), and section 2802 of the Military 

22 Construction Authorization Act for Fiscal Year 2007 (divi23 sion B of Public Law 109–364; 120 Stat. 2466), is further 

24 amended by striking ‘‘2007’’ and inserting ‘‘2008’’. 

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1 (b) REPEAL OF QUARTERLY REPORTS; ADVANCE NO2 TICE OF CERTAIN PROJECTS.—Such section is further 

3 amended— 

4 (1) in subsection (b), by striking ‘‘Within seven 

5 days after’’ and inserting ‘‘Except with respect to a 

6 construction project described in subsection (d), with7 in seven days after’’; 

8 (2) by striking subsection (d) and inserting the 

9 following new subsection: 

10 ‘‘(d) ADVANCE NOTICE OF CERTAIN CONSTRUCTION

11 PROJECTS.—When a decision is made to use appropriated 

12 funds available for operation and maintenance to carry out 

13 a construction project outside the United States that has 

14 an estimated cost in excess of the amounts authorized for 

15 unspecified minor military construction projects under sec16 tion 2805(c) of title 10, United States Code, the Secretary 

17 of Defense shall notify the congressional committees speci18 fied in subsection (f) of that decision, including the infor19 mation required by subsection (b). The project may then 

20 be carried out only after the end of the 21-day period begin21 ning on the date the notification is received by the commit22 tees or, if earlier, the end of the 14-day period beginning 

23 on the date on which a copy of the notification is provided 

24 in an electronic medium pursuant to section 480 of title 

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1 section with respect to a project, notice is not required 

2 under subsection (b) with respect to the same project.’’; and 

3 (3) by striking subsection (g) and inserting the 

4 following new subsection: 

5 ‘‘(g) EFFECT OF FAILURE TO SUBMIT PROJECT NOTI6 FICATIONS.—If the notices regarding the obligation of the 

7 funds for a construction project required by subsection (b) 

8 or (d) is not submitted to the congressional committees spec9 ified in subsection (f) by the required date, appropriated 

10 funds available for operation and maintenance may not be 

11 obligated or expended after that date under the authority 

12 of this section to carry out construction projects outside the 

13 United States until the date on which the notice is finally 

14 submitted.’’. 

15 Subtitle B—Real Property and 

16 Facilities Administration 

17 SEC. 2811. CONTINUED CONSOLIDATION OF REAL PROP18 ERTY PROVISIONS WITHOUT SUBSTANTIVE 

19 CHANGE. 

20 (a) CONSOLIDATION.—Section 2663 of title 10, United 

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

22 new subsection: 

23 ‘‘(h) LAND ACQUISITION OPTIONS IN ADVANCE OF

24 MILITARY CONSTRUCTION PROJECTS.—(1) The Secretary of 

25 a military department may acquire an option on a parcel 

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1 of real property before or after its acquisition is authorized 

2 by law, if the Secretary considers it suitable and likely to 

3 be needed for a military project of the military department 

4 under the jurisdiction of the Secretary. 

5 ‘‘(2) As consideration for an option acquired under 

6 paragraph (1), the Secretary may pay, from funds avail7 able to the military department under the jurisdiction of 

8 the Secretary for real property activities, an amount that 

9 is not more than 12 percent of the appraised fair market 

10 value of the property.’’. 

11 (b) REPEAL OF SUPERSEDED PROVISION.— 

12 (1) REPEAL.—Section 2677 of such title is re13 pealed. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 159 of such title is 

16 amended by striking the item relating to section 2677. 

17 SEC. 2812. COOPERATIVE AGREEMENT AUTHORITY FOR 

18 MANAGEMENT OF CULTURAL RESOURCES ON 

19 CERTAIN SITES OUTSIDE MILITARY INSTAL20 LATIONS. 

21 (a) EXPANDED AUTHORITY.—Section 2684 of title 10, 

22 United States Code, is amended— 

23 (1) in subsection (a), by striking ‘‘on a military 

24 installation’’ and inserting ‘‘located on a site author25 ized by subsection (b)’’; 

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1 (2) by redesignating subsections (b) and (c) as 

2 subsections (c) and (d), respectively; and 

3 (3) by inserting after subsection (a) the following 

4 new subsection (b): 

5 ‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.—To 

6 be covered by a cooperative agreement under subsection (a), 

7 cultural resources must be located— 

8 ‘‘(1) on a military installation; or 

9 ‘‘(2) on a site outside of a military installation, 

10 but only if the cooperative agreement will directly re11 lieve or eliminate current or anticipated restrictions 

12 that would or might restrict, impede, or otherwise 

13 interfere, whether directly or indirectly, with current 

14 or anticipated military training, testing, or oper15 ations on a military installation.’’. 

16 (b) CULTURAL RESOURCE DEFINED.—Subsection (d) 

17 of such section, as redesignated by subsection (a)(2), is 

18 amended by adding at the end the following new paragraph: 

19 ‘‘(5) An Indian sacred site, as defined in section 

20 1(b)(iii) of Executive Order 13007.’’. 

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1 SEC. 2813. AGREEMENTS TO LIMIT ENCROACHMENTS AND 

2 OTHER CONSTRAINTS ON MILITARY TRAIN3 ING, TESTING, AND OPERATIONS. 

4 (a) MANAGEMENT OF NATURAL RESOURCES OF AC5 QUIRED PROPERTY.—Subsection (d) of section 2684a of 

6 title 10, United States Code, is amended— 

7 (1) by redesignating paragraphs (3), (4), (5), 

8 and (6) as paragraphs (4), (5), (6), and (7), respec9 tively; and 

10 (2) by inserting after paragraph (2) the fol11 lowing new paragraph (3): 

12 ‘‘(3) An agreement with an eligible entity under this 

13 section may provide for the management of natural re14 sources on real property in which the Secretary concerned 

15 acquires any right, title, or interest in accordance with this 

16 subsection and for the payment by the United States of all 

17 or a portion of the costs of such natural resource manage18 ment if the Secretary concerned determines that there is a 

19 demonstrated need to preserve or restore habitat for the pur20 pose described in subsection (a)(2).’’. 

21 (b) LIMITATION ON PORTION OF ACQUISITION COSTS

22 BORNE BY UNITED STATES.—Paragraph (4)(C) of such 

23 subsection, as redesignated by subsection (a)(1), is amended 

24 by striking ‘‘equal to the fair market value’’ and all that 

25 follows through the period at the end and inserting ‘‘equal 

26 to, at the discretion of the Secretary concerned— 

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1 ‘‘(i) the fair market value of any property or in2 terest in property to be transferred to the United 

3 States upon the request of the Secretary concerned 

4 under paragraph (5); or 

5 ‘‘(ii) the cumulative fair market value of all 

6 properties or interests to be transferred to the United 

7 States under paragraph (5) pursuant to an agree8 ment under subsection (a).’’. 

9 SEC. 2814. EXPANSION TO ALL MILITARY DEPARTMENTS OF 

10 ARMY PILOT PROGRAM FOR PURCHASE OF 

11 CERTAIN MUNICIPAL SERVICES FOR MILI12 TARY INSTALLATIONS. 

13 (a) EXPANSION OF PILOT PROGRAM.—Section 325 of 

14 the Ronald W. Reagan National Defense Authorization Act 

15 for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 

16 note) is amended— 

17 (1) in the section heading, by striking ‘‘ARMY’’ 

18 and inserting ‘‘MILITARY’’; 

19 (2) in subsection (a)— 

20 (A) by striking ‘‘Secretary of the Army’’ 

21 and inserting ‘‘Secretary of a military depart22 ment’’; and 

23 (B) by striking ‘‘an Army installation’’ and 

24 inserting ‘‘a military installation under the ju25 risdiction of the Secretary’’; and 

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1 (3) in subsection (d), by striking ‘‘The Sec2 retary’’ and inserting ‘‘The Secretary of a military 

3 department’’. 

4 (b) PARTICIPATING INSTALLATIONS.—Subsection (c) of 

5 such section is amended by striking ‘‘two Army installa6 tions’’ and inserting ‘‘three military installations of each 

7 branch of the Armed Forces’’. 

8 (c) EXTENSION OF DURATION OF PROGRAM.—Such 

9 section is further amended by striking subsections (e) and 

10 (f) and inserting the following new subsection: 

11 ‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot 

12 program shall terminate on September 30, 2012. Any con13 tract entered into under the pilot program shall terminate 

14 not later than that date.’’. 

15 SEC. 2815. RETENTION OF PROCEEDS FROM ENHANCED 

16 USE LEASES AT SELFRIDGE AIR NATIONAL 

17 GUARD BASE. 

18 Notwithstanding section 2667(e) of title 10, United 

19 States Code, or any other provision of law to the contrary, 

20 the proceeds derived from the execution of an enhanced use 

21 lease at Selfridge Air National Guard Base shall not be dis22 bursed outside of that military installation. 

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1 SEC. 2816. PROHIBITION ON COMMERCIAL FLIGHTS INTO 

2 SELFRIDGE AIR NATIONAL GUARD BASE. 

3 The Secretary of Defense shall prohibit the use of 

4 Selfridge Air National Guard Base by commercial service 

5 aircraft. 

6 Subtitle C—Base Closure and 

7 Realignment 

8 SEC. 2821. TRANSFER OF FUNDS FROM DEPARTMENT OF 

9 DEFENSE BASE CLOSURE ACCOUNT 2005 TO 

10 DEPARTMENT OF DEFENSE HOUSING FUNDS. 

11 (a) TRANSFER AUTHORITY.—Subsection (c) of section 

12 2883 of title 10, United States Code, is amended— 

13 (1) in paragraph (1), by adding at the end the 

14 following new subparagraph: 

15 ‘‘(G) Subject to subsection (f), any amounts that 

16 the Secretary of Defense transfers to that Fund from 

17 amounts in the Department of Defense Base Closure 

18 Account 2005.’’; and 

19 (2) in paragraph (2), by adding at the end the 

20 following new subparagraph: 

21 ‘‘(G) Subject to subsection (f), any amounts that 

22 the Secretary of Defense transfers to that Fund from 

23 amounts in the Department of Defense Base Closure 

24 Account 2005.’’. 

25 (b) NOTIFICATION.—Subsection (f) of such section is 

26 amended by striking ‘‘paragraph (1)(B) or (2)(B)’’ and inmstockstill on PROD1PC66 with BILLS

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1 serting ‘‘subparagraph (B) or (G) of paragraph (1) or sub2 paragraph (B) or (G) of paragraph (2)’’. 

3 Subtitle D—Land Conveyances 

4 SEC. 2831. CONDITIONS ON ACQUISITION OF LAND FOR EX5 PANSION OF PINON CANYON MANEUVER 

6 SITE, COLORADO. 

7 (a) IMPOSITION OF CONDITIONS.—After completion of 

8 the review required by the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.), if the Secretary of 

10 the Army decides to acquire real property or an interest 

11 in real property located near the Pinon Canyon Maneuver 

12 Site in the State of Colorado (in this section referred to 

13 as the ‘‘Site’’) for the purpose of expanding the Site, the 

14 acquisition of such real property shall be subject to the re15 quirements of this section. 

16 (b) LIMITATION ON EXPANSION METHODS.—The Sec17 retary of the Army shall not tender an offer for the acquisi18 tion of, or employ condemnation, eminent domain, or sei19 zure of, real property, or interest in real property, for the 

20 purpose of expanding the Site until the Secretary has com21 plied with the following: 

22 (1) NEPA REVIEW.—The Secretary of the Army 

23 shall complete the requisite reviews under the Na24 tional Environmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.). 

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1 (2) USE OF NEGOTIATION.—The Secretary of the 

2 Army shall comply with the Uniform Relocation As3 sistance and Real Property Acquisition Policies Act 

4 of 1970 (42 U.S.C. 4601 et. seq.) by making every 

5 reasonable effort to acquire by negotiation the real 

6 property, or interest in real property, such as a lease 

7 or easement. 

8 (3) ARBITRATION.—Notwithstanding, and in lieu 

9 of, any other provision of law regarding arbitration 

10 or alternate dispute resolution, the Secretary of the 

11 Army shall notify the property owner or owners of 

12 their right to seek third party arbitration, as identi13 fied in this paragraph, and of the desire of the Sec14 retary to conclude a negotiated agreement as to the 

15 value of the real property or interest in real property 

16 sought for acquisition by the Secretary. If the prop17 erty owner or owners and the Army do not reach an 

18 agreement within 90 days after the Army has pro19 vided such notice, on the request of the property 

20 owner or owners to the Secretary, the matter shall be 

21 referred to third party arbitration for resolution with22 in a period of 90 days from the date of referral. The 

23 decision of the arbitrator will be binding. 

24 (c) CONDITIONS ON ARBITRATION.— 

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1 (1) CONDITIONS.—Arbitration under subsection 

2 (b)(3) shall be subject to the following conditions: 

3 (A) The cost of such arbitration shall be the 

4 responsibility of the Secretary of the Army. 

5 (B) The Secretary of the Army shall iden6 tify at least three neutral third parties with ex7 perience in conducting arbitrations as to real 

8 property values and shall make this information 

9 available to the property owner or owners. 

10 (C) The issue of property value shall be re11 ferred to an arbitrator selected by the property 

12 owner or owners from the neutral third parties 

13 identified by the Secretary of the Army pursuant 

14 to subparagraph (B). 

15 (D) The Army shall reimburse the property 

16 owner or owners for reasonable costs incurred in 

17 pursuing the arbitration as established by the ar18 bitrator. 

19 (2) ARBITRATOR POWERS AND IMMUNITIES.—An 

20 arbitrator selected under paragraph (1)(C) to whom 

21 an action is referred under this section shall have the 

22 power within the acquisition process to conduct arbi23 tration hearings, to administer oaths and affirma24 tions, and to make decisions as to the value of the real 

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1 tration. An individual serving as arbitrators pursu2 ant to this section is entitled to the immunities and 

3 protections provided by law. 

4 (d) COMMUNITY PLANNING ASSISTANCE.—A commu5 nity adversely impacted by the acquisition by the Secretary 

6 of the Army of real property for the purpose of expanding 

7 the Site shall be deemed to be eligible for adjustment assist8 ance under section 2391(b) of title 10, United States Code. 

9 The Secretary shall consult with the Governor of Colorado 

10 regarding other steps that may be taken to address impacts 

11 on local governments and affected communities. 

12 (e) CONSULTATION REGARDING RESULTING STATUS

13 OF ACQUIRED LAND.—The Secretary of the Army shall con14 sult with the Secretary of Interior regarding the status of 

15 any real property acquired for the purpose of expanding 

16 the Site for purposes of payments to local governments 

17 under section 6901 of title 31, United States Code. 

18 (f) ACCESS.— 

19 (1) ACCESS TO CULTURAL AND HISTORIC

20 SITES.—The Secretary of the Army shall ensure rea21 sonable access to cultural and historic sites within the 

22 Site. 

23 (2) GRAZING.—Where appropriate and under 

24 reasonable conditions, the Secretary of the Army shall 

25 allow the grazing of livestock within the Site. 

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1 (g) FOREST SERVICE LANDS.—If the Secretary of the 

2 Army seeks to use real property for military purposes in 

3 the area of interest, which as of the date of the enactment 

4 of this Act were managed by the Secretary of Agriculture, 

5 the Secretary of the Army shall— 

6 (1) secure a special use permit, including terms 

7 and conditions for such use that are agreed to by the 

8 Secretary of the Army and the Secretary of Agri9 culture; or 

10 (2) upon agreement with the Secretary of Agri11 culture, enter into an interchange of lands under the 

12 authority of section 1 of the Act of July 26, 1956 (16 

13 U.S.C. 505a). 

14 (h) STATE LANDS.—The Secretary of the Army shall 

15 seek to reach agreement with the Governor of Colorado on 

16 terms, conditions, and reasonable compensation under 

17 which lands in the area of interest owned by the State of 

18 Colorado can be used for military purposes. 

19 SEC. 2832. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, 

20 FLORIDA. 

21 (a) GRANT REQUIRED.—The Secretary of the Air 

22 Force shall use the authority provided by section 2668 of 

23 title 10, United States Code, to grant to the Mid Bay Bridge 

24 Authority an easement for a roadway right-of-way over 

25 such land at Eglin Air Force Base, Florida, as the Secmstockstill on PROD1PC66 with BILLS

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1 retary determines necessary to facilitate the construction of 

2 a road connecting the northern landfall of the Mid Bay 

3 Bridge to Florida State Highway 85. 

4 (b) CONSIDERATION.—As consideration for the grant 

5 of the easement under subsection (a), the Mid Bay Bridge 

6 Authority shall pay to the Secretary an amount equal to 

7 the fair-market-value of the easement, as determined by the 

8 Secretary. 

9 (c) COSTS OF PROJECT.—As a condition of the grant 

10 of the easement under subsection (a), the Mid Bay Bridge 

11 Authority shall be responsible for all costs associated with 

12 the highway project described in such subsection, including 

13 all costs the Secretary determines to be necessary to address 

14 any impacts that the project may have on the defense mis15 sions at Eglin Air Force Base. 

16 SEC. 2833. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, 

17 LYNN HAVEN, FLORIDA. 

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

19 Air Force may convey to Florida State University (in this 

20 section referred to as the ‘‘’University’’) all right, title, and 

21 interest of the United States in and to a parcel of real prop22 erty, including improvements thereon, consisting of ap23 proximately 40 acres located at the Lynn Haven Fuel Depot 

24 in Lynn Haven, Florida, for the purpose of permitting the 

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1 University to develop the property as a new satellite cam2 pus. 

3 (b) CONSIDERATION.— 

4 (1) IN GENERAL.—For the conveyance of the 

5 property under subsection (a), the University shall 

6 provide the United States with consideration in an 

7 amount that is acceptable to the Secretary, whether in 

8 the form of cash payment, in-kind consideration, or 

9 a combination thereof. 

10 (2) REDUCED TUITION RATES.—The Secretary 

11 may accept as in-kind consideration under paragraph 

12 (1) reduced tuition rates or scholarships for military 

13 personnel and their dependents at the University. 

14 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

15 (1) PAYMENT REQUIRED.—The Secretary shall 

16 require the University to cover costs to be incurred by 

17 the Secretary, or to reimburse the Secretary for costs 

18 incurred by the Secretary, to carry out the convey19 ance under subsection (a), including survey costs, re20 lated to the conveyance. If amounts are collected from 

21 the University in advance of the Secretary incurring 

22 the actual costs, and the amount collected exceeds the 

23 costs actually incurred by the Secretary to carry out 

24 the conveyance, the Secretary shall refund the excess 

25 amount to the University. 

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1 (2) TREATMENT OF AMOUNTS RECEIVED.— 

2 Amounts received under paragraph (1) as reimburse3 ment for costs incurred by the Secretary to carry out 

4 the conveyance under subsection (a) shall be credited 

5 to the fund or account that was used to cover the costs 

6 incurred by the Secretary in carrying out the convey7 ance. Amounts so credited shall be merged with 

8 amounts in such fund or account and shall be avail9 able for the same purposes, and subject to the same 

10 conditions and limitations, as amounts in such fund 

11 or account. 

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the real property to be conveyed 

14 under subsection (a) shall be determined by a survey satis15 factory to the Secretary. 

16 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions 

18 in connection with the conveyance under subsection (a) as 

19 the Secretary considers appropriate to protect the interests 

20 of the United States. 

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1 SEC. 2834. ADDITIONAL CONDITIONS ON LEASE OF PROP2 ERTY FOR HEADQUARTERS FACILITY FOR 

3 UNITED STATES SOUTHERN COMMAND, FLOR4 IDA. 

5 (a) USE OF PROPERTY AUTHORIZED.—Subject to sub6 section (b), the Secretary of the Army may utilize the prop7 erty of the State of Florida described in sublease number 

8 4489-01, which was entered into between the State of Flor9 ida and the United States, for the purpose of construction 

10 of a consolidated headquarters facility for the United States 

11 Southern Command. 

12 (b) NEGOTIATION FOR ADDITIONAL AUTHORIZED

13 USES OF PROPERTY.—Given the substantial investment to 

14 be made by the United States to construct a headquarters 

15 facility for the United States Southern Command on the 

16 property referred to in subsection (a), the Secretary shall 

17 enter into negotiations to secure, before the award of a con18 tract for the construction of the facility, additional flexi19 bility for the United States to use the property for general 

20 administrative purposes for any Federal agency, including 

21 in the event the property is no longer used for the United 

22 States Southern Command. 

23 (c) ACQUISITION OF ADDITIONAL PROPERTY.—The 

24 Secretary may obtain the use of additional State lands ad25 jacent to the property referred to in subsection (a), if avail26 able by the terms of the lease referred to in such subsection 

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1 and needed to complete the construction of the headquarters 

2 facility for the United States Southern Command. Sub3 section (b) shall apply with respect to any additional prop4 erty secured under this subsection. 

5 SEC. 2835. TRANSFER OF JURISDICTION, FORMER NIKE MIS6 SILE SITE, GROSSE ISLE, MICHIGAN. 

7 (a) TRANSFER.—Administrative jurisdiction over the 

8 property described in subsection (b) is hereby transferred 

9 from the Administrator of the Environmental Protection 

10 Agency to the Secretary of the Interior. 

11 (b) PROPERTY DESCRIBED.—The property referred to 

12 in subsection (a) is the former Nike missile site located at 

13 the southern end of Grosse Ile, Michigan, as depicted on 

14 the map entitled ‘‘07–CE’’ on file with the Environmental 

15 Protection Agency and dated May 16, 1984. 

16 (c) ADMINISTRATION OF PROPERTY.—Subject to sub17 section (d), the Secretary of the Interior shall administer 

18 the property described in subsection (b)— 

19 (1) acting through the United States Fish and 

20 Wildlife Service; 

21 (2) as part of the Detroit River International 

22 Wildlife Refuge; and 

23 (3) for use as a habitat for fish and wildlife and 

24 as a recreational property for outdoor education and 

25 environmental appreciation. 

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1 (d) MANAGEMENT OF REMEDIATION BY ARMY CORPS

2 OF ENGINEERS.—The Secretary of Defense, acting through 

3 the district office of the Army Corps of Engineers in Louis4 ville, Kentucky, shall manage and carry out environmental 

5 remediation activities with respect to the property described 

6 in subsection (b) that, at a minimum, achieve the standard 

7 that the United States Fish and Wildlife Service determines 

8 sufficient to allow the property to be used as provided in 

9 subsection (c)(3). Such remediation activities, with the ex10 ception of long-term monitoring, shall be completed to 

11 achieve that standard not later than two years after the 

12 date of enactment of this Act. The Secretary of Defense may 

13 use amounts made available from the account established 

14 by section 2703(a)(5) of title 10, United States Code, to 

15 carry out such remediation. 

16 (e) SAVINGS PROVISION.—Nothing in this section shall 

17 be construed to affect or limit the application of, or any 

18 obligation to comply with, any environmental law, includ19 ing the Comprehensive Environmental Response, Com20 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

21 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

22 et seq.). 

23 SEC. 2836. LAND EXCHANGE, FORT HOOD, TEXAS. 

24 (a) EXCHANGE AUTHORIZED.—The Secretary of the 

25 Army may convey to the City of Copperas Cove, Texas (in 

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1 this section referred to as the ‘‘City’’), all right, title, and 

2 interest of the United States in and to a parcel of real prop3 erty, including any improvements thereon, consisting of ap4 proximately 200 acres at Fort Hood, Texas, for the purpose 

5 of permitting the City to improve arterial transportation 

6 routes in the community. 

7 (b) CONSIDERATION.—As consideration for the convey8 ance under subsection (a), the City shall convey to the Sec9 retary all right, title, and interest of the City in and to 

10 one or more parcels of real property that are acceptable to 

11 the Secretary. The fair market value of the real property 

12 acquired by the Secretary under this subsection shall be 

13 equal to the fair market value of the real property conveyed 

14 under subsection (a), as determined by appraisals accept15 able to the Secretary. 

16 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

17 and legal description of the real property to be exchanged 

18 under this section shall be determined by surveys satisfac19 tory to the Secretary. 

20 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

21 (1) PAYMENT REQUIRED.—The Secretary shall 

22 require the City to cover costs to be incurred by the 

23 Secretary, or to reimburse the Secretary for costs in24 curred by the Secretary, to carry out the conveyances 

25 under this section, including survey costs, related to 

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1 the conveyances. If amounts are collected from the 

2 City in advance of the Secretary incurring the actual 

3 costs, and the amount collected exceeds the costs actu4 ally incurred by the Secretary to carry out the con5 veyances, the Secretary shall refund the excess amount 

6 to the City. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received under paragraph (1) as reimburse9 ment for costs incurred by the Secretary to carry out 

10 the conveyances under this section shall be credited to 

11 the fund or account that was used to cover the costs 

12 incurred by the Secretary in carrying out the convey13 ances. Amounts so credited shall be merged with 

14 amounts in such fund or account and shall be avail15 able for the same purposes, and subject to the same 

16 conditions and limitations, as amounts in such fund 

17 or account. 

18 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyances under this section as 

21 the Secretary considers appropriate to protect the interests 

22 of the United States. 

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1 SEC. 2837. EXCHANGE OF JURISDICTION OVER REAL PROP2 ERTY INVOLVING FORT BELVOIR, VIRGINIA. 

3 (a) EXCHANGE.—Not later than September 30, 2008, 

4 the Administrator of General Services and the Secretary of 

5 the Army shall enter into an agreement providing for a 

6 property exchange under which— 

7 (1) the Administrator transfers to the jurisdic8 tion, custody, and control of the Secretary— 

9 (A) the parcel of real property described in 

10 subsection (b), including any improvements 

11 thereon; or 

12 (B) subject to a boundary determination by 

13 the Administrator and concurrence by the Sec14 retary, a portion of the parcel of real property 

15 described in subsection (b), including any im16 provements on that portion; and 

17 (2) the Secretary transfers to the jurisdiction, 

18 custody, and control of the Administrator a parcel of 

19 real property described in subsection (c). 

20 (b) GSA PROPERTY DESCRIPTION.—The property and 

21 improvements referred to in subsection (a)(1) is the ap22 proximately 72.23 acre site at 6999 Loisdale Road in 

23 Springfield, Virginia, known as the GSA Franconia Ware24 house, identified in the land records of Fairfax County, Vir25 ginia, as Parcel ID # 0902-01-0057, Lee District tax dis26 trict 4000. 

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1 (c) ARMY PROPERTY DESCRIPTION.— 

2 (1) IN GENERAL.—The property referred to in 

3 subsection (a)(2) is a parcel of real property accept4 able to the Administrator located at either— 

5 (A) Fort Belvoir, Virginia; or 

6 (B) another installation under the jurisdic7 tion of the Department of Army in the National 

8 Capital Region. 

9 (2) IMPROVEMENTS.—The parcel of real property 

10 selected for transfer may include improvements on the 

11 property made by the Army before the date of the en12 actment of this Act. 

13 (d) NEGOTIATION.— 

14 (1) TERMS AND CONDITIONS.—As a condition of 

15 the exchange of property under subsection (a), the 

16 agreement under such subsection shall provide that 

17 the fair market value of the properties to be exchanged 

18 shall be equal or equalized through the use of a cash 

19 equalization payment. 

20 (2) DETERMINATION OF FAIR MARKET VALUE.— 

21 For purposes of paragraph (1), the fair market value 

22 of the property shall be determined— 

23 (A) based on the highest and best use of the 

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1 praisal jointly commissioned by the Adminis2 trator and the Secretary of the Army; and 

3 (B) using the definition of fair market 

4 value contained in the Uniform Appraisal 

5 Standards for Federal Land Acquisitions. 

6 (e) NO EFFECT ON COMPLIANCE WITH ENVIRON7 MENTAL LAWS.—Nothing in this section may be construed 

8 to affect or limit the application of, or obligation to comply 

9 with, any environmental law, including section 120(h) of 

10 the Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)). 

12 (f) USE OF PROPERTY.—After completion of the ex13 change of property under subsection (a), the Secretary may 

14 relocate personnel to facilities to be constructed or leased 

15 (or a combination of both) on the property who otherwise 

16 would be located or relocated to Fort Belvoir. 

17 (g) RELOCATION OF PERSONNEL, EQUIPMENT, AND

18 SUPPLIES.— 

19 (1) IN GENERAL.—Subject to paragraph (2), the 

20 Administrator may procure and provide space for the 

21 relocation of personnel, equipment, and supplies of 

22 the General Services Administration and its tenants 

23 on property transferred under subsection (a)(1). 

24 (2) NOTICE TO COMMITTEES.—Before under25 taking an activity under paragraph (1) that othermstockstill on PROD1PC66 with BILLS

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1 wise would require approval of a prospectus under 

2 section 3307 of title 40, United States Code, the Ad3 ministrator shall provide to the Committee on Trans4 portation and Infrastructure of the House of Rep5 resentatives, the Committee on Environment and 

6 Public Works of the Senate, and the congressional de7 fense committees a written notice containing a de8 scription of the activity to be undertaken. 

9 (3) RELOCATION COSTS.—As a condition of the 

10 transfer of property under subsection (a), the Sec11 retary shall agree— 

12 (A) to advance funds to the Administrator 

13 to cover the costs projected to be incurred by the 

14 Administrator, based on an estimate of such 

15 costs prepared by the Administrator, for relo16 cating personnel, equipment, and supplies of the 

17 General Services Administration and its tenants 

18 from the property; and 

19 (B) if the initial advance of funds is insuf20 ficient, to advance additional funds to the Ad21 ministrator in accordance with a revised or sup22 plemental estimate prepared by the Adminis23 trator. 

24 (4) EXCESS FUNDS.—The Administrator shall 

25 return to the Secretary any funds received under 

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1 paragraph (3) that are not used for the purposes de2 scribed in such paragraph. 

3 (h) ADDITIONAL TERMS AND CONDITIONS.—The Ad4 ministrator and the Secretary of the Army may require 

5 such additional terms and conditions in connection with 

6 the exchange under subsection (a) as the Administrator, in 

7 consultation with the Secretary, determines appropriate to 

8 protect the interests of the United States and further the 

9 purposes of this section. 

10 SEC. 2838. MODIFICATION OF CONVEYANCE AUTHORITY, 

11 MARINE CORPS BASE, CAMP PENDLETON, 

12 CALIFORNIA. 

13 Section 2851(a) of the Military Construction Author14 ization Act for Fiscal Year 1999 (division B of Public Law 

15 105–261; 112 Stat. 2219) is amended by striking ‘‘, not16 withstanding any provision of State law to the contrary,’’, 

17 as added by section 2867 of Public Law 107–107 (115 Stat. 

18 1334). 

19 Subtitle E—Energy Security 

20 SEC. 2851. REPEAL OF CONGRESSIONAL NOTIFICATION RE21 QUIREMENT REGARDING CANCELLATION 

22 CEILING FOR DEPARTMENT OF DEFENSE EN23 ERGY SAVINGS PERFORMANCE CONTRACTS. 

24 Section 2913 of title 10, United States Code, is amend25 ed by striking subsection (e). 

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1 SEC. 2852. REPORT ON OPPORTUNITIES FOR LEVERAGING 

2 FUNDS OF THE DEPARTMENT OF DEFENSE 

3 AND STATES TO PREVENT DISRUPTION IN 

4 EVENT OF ELECTRIC GRID OR PIPELINE FAIL5 URES. 

6 Not later than 180 days after the date of the enactment 

7 of this Act, the Secretary of Defense, acting through the 

8 Under Secretary of Defense for Acquisition, Technology, 

9 and Logistics, shall submit to the congressional defense com10 mittees a report on approaches by which the Department 

11 of Defense may contribute funds and other resources of the 

12 Department, which when combined with resources from 

13 other funding sources, such as State System Benefit Trust 

14 Funds, Clean Air Act State Implementation Funds, and 

15 State Homeland Security Critical Infrastructure Grants, 

16 will accelerate efforts to harden critical functions on and 

17 around military and security facilities to prevent disrup18 tion in the event of major electric grid or natural gas or 

19 petroleum pipeline failures. 

20 Subtitle F—Other Matters 

21 SEC. 2861. REVISED DEADLINE FOR TRANSFER OF ARLING22 TON NAVAL ANNEX TO ARLINGTON NATIONAL 

23 CEMETERY. 

24 Section 2881(h) of the Military Construction Author25 ization Act for Fiscal Year 2000 (division B of Public Law 

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1 106–65; 113 Stat. 880) is amended by striking paragraphs 

2 (1) and (2) and inserting the following new paragraphs: 

3 ‘‘(1) January 1, 2013; 

4 ‘‘(2) the date on which the Navy Annex property 

5 is no longer required (as determined by the Secretary 

6 of Defense) for use as temporary office space; or 

7 ‘‘(3) one year after the date on which the Sec8 retary of the Army notifies the Secretary of Defense 

9 that the Navy Annex property is needed for the ex10 pansion of Arlington National Cemetery.’’. 

11 SEC. 2862. TRANSFER OF JURISDICTION OVER AIR FORCE 

12 MEMORIAL TO DEPARTMENT OF THE AIR 

13 FORCE. 

14 (a) TRANSFER OF JURISDICTION.—Notwithstanding 

15 section 2881 of the Military Construction Authorization Act 

16 for Fiscal Year 2000 (division B of Public Law 106–65; 

17 113 Stat. 879) and section 2863 of the Military Construc18 tion Authorization Act for Fiscal Year 2002 (division B 

19 of Public Law 107–107; 115 Stat. 1330; 40 U.S.C. 1003 

20 note), administrative jurisdiction, custody, and control of 

21 the parcel of Federal land described in subsection (b)(1) of 

22 such section 2863 is hereby transferred to the Secretary of 

23 the Air Force. 

24 (b) ACCESS AND MANAGEMENT OF AIR FORCE MEMO25 RIAL.—In addition to authorities available to the Secretary 

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1 of the Air Force under any other provision of law, the Sec2 retary may enter into a cooperative agreement with the Air 

3 Force Memorial Foundation or other appropriate private 

4 organizations to provide management, maintenance, and 

5 repair of the Air Force Memorial and surrounding site and 

6 to facilitate public access to the memorial. 

7 SEC. 2863. ESTABLISHMENT OF NATIONAL MILITARY WORK8 ING DOG TEAMS MONUMENT ON SUITABLE 

9 MILITARY INSTALLATION. 

10 (a) AUTHORITY TO ESTABLISH MONUMENT.—The Sec11 retary of Defense may permit the National War Dogs 

12 Monument, Inc., to establish and maintain, at a suitable 

13 location at Fort Belvoir, Virginia, or another military in14 stallation in the United States, a national monument to 

15 honor the sacrifice and service of United States Armed 

16 Forces working dog teams that have participated in the 

17 military operations of the United States. 

18 (b) LOCATION AND DESIGN OF MONUMENT.—The ac19 tual location and final design of the monument authorized 

20 by subsection (a) shall be subject to the approval of the Sec21 retary. In selecting the military installation and site on 

22 such installation to serve as the location for the monument, 

23 the Secretary shall seek to maximize access to the resulting 

24 monument for both visitors and their dogs. 

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1 (c) MAINTENANCE.—The maintenance of the monu2 ment authorized by subsection (a) by the National War 

3 Dogs Monument, Inc., shall be subject to such conditions 

4 regarding access to the monument, and such other condi5 tions, as the Secretary considers appropriate to protect the 

6 interests of the United States. 

7 (d) LIMITATION ON PAYMENT OF EXPENSES.—The 

8 United States Government shall not pay any expense for 

9 the establishment or maintenance of the monument author10 ized by subsection (a). 

11 SEC. 2864. NAMING HOUSING FACILITY AT FORT CARSON, 

12 COLORADO, IN HONOR OF THE HONORABLE 

13 JOEL HEFLEY, A FORMER MEMBER OF THE 

14 UNITED STATES HOUSE OF REPRESENTA15 TIVES. 

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

17 (1) Representative Joel Hefley was elected to rep18 resent Colorado’s 5th Congressional district in 1986 

19 and served in the House of Representatives until the 

20 end of the 109th Congress in 2006 with distinction, 

21 class, integrity, and honor. 

22 (2) Representative Hefley served on the Com23 mittee on Armed Services of the House of Representa24 tives for 18 years, including service as Chairman of 

25 the Subcommittee on Military Installations and Famstockstill on PROD1PC66 with BILLS

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1 cilities from 1995 through 2000 and, from 2001 

2 through 2006, as Chairman of the Subcommittee on 

3 Readiness. 

4 (3) Representative Hefley’s colleagues know him 

5 to be a fair and effective lawmaker who worked for 

6 the national interest while never forgetting his West7 ern roots. 

8 (4) Representative Hefley’s efforts on the Com9 mittee on Armed Services were instrumental to the 

10 military value of, and quality of life at, installations 

11 in the State of Colorado, including Fort Carson, 

12 Cheyenne Mountain, Peterson Air Force Base, 

13 Schriever Air Force Base, Buckley Air Force Base, 

14 and the United States Air Force Academy. 

15 (5) Representative Hefley was a leader in efforts 

16 to retain and expand Fort Carson as an essential 

17 part of the national defense system during the Defense 

18 Base Closure and Realignment process. 

19 (6) Representative Hefley consistently advocated 

20 for providing members of the Armed Forces and their 

21 families with quality, safe, and affordable housing 

22 and supportive communities. 

23 (7) Representative Hefley spearheaded the Mili24 tary Housing Privatization Initiative to eliminate 

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1 inadequate housing on military installations, with 

2 the first pilot program located at Fort Carson. 

3 (8) Representative Hefley’s leadership on the 

4 Military Housing Privatization Initiative allowed for 

5 the privatization of more than 121,000 units of mili6 tary family housing, which brought meaningful im7 provements to living conditions for thousands of mem8 bers of the Armed Forces and their spouses and chil9 dren at installations throughout the United States. 

10 (9) It is fitting and proper that an appropriate 

11 military family housing area or structure at Fort 

12 Carson be designated in honor of Representative 

13 Hefley. 

14 (b) DESIGNATION.—Notwithstanding Army Regula15 tion AR 1–33, the Secretary of the Army shall designate 

16 one of the military family housing areas or facilities con17 structed for Fort Carson, Colorado, using the authority pro18 vided by subchapter IV of chapter 169 of title 10, United 

19 States Code, as the ‘‘Joel Hefley Village’’. 

20 SEC. 2865. NAMING NAVY AND MARINE CORPS RESERVE 

21 CENTER AT ROCK ISLAND, ILLINOIS, IN 

22 HONOR OF THE HONORABLE LANE EVANS, A 

23 FORMER MEMBER OF THE UNITED STATES 

24 HOUSE OF REPRESENTATIVES. 

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

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1 (1) Representative Lane Evans was elected to the 

2 House of Representatives in 1982 and served in the 

3 House of Representatives until the end of the 109th 

4 Congress in 2006 representing the people of Illinois’ 

5 17th Congressional district. 

6 (2) As a member of the Committee on Armed 

7 Services of the House of Representatives, Representa8 tive Evans worked to bring common sense priorities 

9 to defense spending and strengthen the military’s con10 ventional readiness. 

11 (3) Representative Evans was a tireless advocate 

12 for military veterans, ensuring that veterans receive 

13 the medical care they need and advocating for indi14 viduals suffering from post-traumatic stress disorder 

15 and Gulf War Syndrome. 

16 (4) Representative Evans’ efforts to improve the 

17 transition of individuals from military service to the 

18 care of the Department of Veterans Affairs will con19 tinue to benefit generations of veterans long into the 

20 future. 

21 (5) Representative Evans is credited with bring22 ing new services to veterans living in his Congres23 sional district, including outpatient clinics in the 

24 Quad Cities and Quincy and the Quad-Cities Vet 

25 Center. 

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1 (6) Representative Evans worked with local lead2 ers to promote the Rock Island Arsenal, and it earned 

3 new jobs and missions through his support. 

4 (7) In honor of his service in the Marine Corps 

5 and to his district and the United States, it is fitting 

6 and proper that the Navy and Marine Corps Reserve 

7 Center at Rock Island Arsenal be named in honor of 

8 Representative Evans. 

9 (b) DESIGNATION.—The Navy and Marine Corps Re10 serve Center at Rock Island Arsenal, Illinois, shall be known 

11 and designated as the ‘‘Lane Evans Navy and Marine 

12 Corps Reserve Center’’. Any reference in a law, map, regu13 lation, document, paper, or other record of the United 

14 States to the Navy and Marine Corps Reserve Center at 

15 Rock Island Arsenal shall be deemed to be a reference to 

16 the Lane Evans Navy and Marine Corps Reserve Center. 

17 SEC. 2866. NAMING OF RESEARCH LABORATORY AT AIR 

18 FORCE ROME RESEARCH SITE, ROME, NEW 

19 YORK, IN HONOR OF THE HONORABLE SHER20 WOOD L. BOEHLERT, A FORMER MEMBER OF 

21 THE UNITED STATES HOUSE OF REPRESENT22 ATIVES. 

23 The new laboratory building at the Air Force Rome 

24 Research Site, Rome, New York, shall be known and des25 ignated as the ‘‘Sherwood Boehlert Center of Excellence for 

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1 Information Science and Technology’’. Any reference in a 

2 law, map, regulation, document, paper, or other record of 

3 the United States to such laboratory facility shall be deemed 

4 to be a reference to the Sherwood Boehlert Center of Excel5 lence for Information Science and Technology. 

6 SEC. 2867. NAMING OF ADMINISTRATION BUILDING AT 

7 JOINT SYSTEMS MANUFACTURING CENTER, 

8 LIMA, OHIO, IN HONOR OF THE HONORABLE 

9 MICHAEL G. OXLEY, A FORMER MEMBER OF 

10 THE UNITED STATES HOUSE OF REPRESENT11 ATIVES. 

12 The administration building under construction at the 

13 Joint Systems Manufacturing Center in Lima, Ohio, shall 

14 be known and designated as the ‘‘Michael G. Oxley Admin15 istration and Technology Center’’. Any reference in a law, 

16 map, regulation, document, paper, or other record of the 

17 United States to such building shall be deemed to be a ref18 erence to the Michael G. Oxley Administration and Tech19 nology Center. 

20 SEC. 2868. NAMING OF LOGISTICS AUTOMATION TRAINING 

21 FACILITY, ARMY QUARTERMASTER CENTER 

22 AND SCHOOL, FORT LEE, VIRGINIA, IN HONOR 

23 OF GENERAL RICHARD H. THOMPSON. 

24 Notwithstanding Army Regulation AR 1–33, the Lo25 gistics Automation Training Facility of the Army Quartermstockstill on PROD1PC66 with BILLS

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1 master Center and School at Fort Lee, Virginia, shall be 

2 known and designated as the ‘‘General Richard H. Thomp3 son Logistics Automation Training Facility’’ in honor of 

4 General Richard H. Thompson, the only quartermaster to 

5 have risen from private to full general. Any reference in 

6 a law, map, regulation, document, paper, or other record 

7 of the United States to such facility shall be deemed to be 

8 a reference to the General Richard H. Thompson Logistics 

9 Automation Training Facility. 

10 DIVISION C—DEPARTMENT OF 

11 ENERGY NATIONAL SECURITY 

12 AUTHORIZATIONS AND 

13 OTHER AUTHORIZATIONS 

14 TITLE XXXI—DEPARTMENT OF 

15 ENERGY NATIONAL SECURITY 

16 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Study on using existing pits for the Reliable Replacement Warhead 

program. 

Sec. 3112. National Nuclear Security Administration study on nuclear weapons 

complex protective forces. 

Sec. 3113. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3114. Assessment of security risks posed to nuclear weapons complex. 

Sec. 3115. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. 

Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. 

Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. 

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Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. 

1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 Funds are hereby authorized to be appropriated to the 

6 Department of Energy for fiscal year 2008 for the activities 

7 of the National Nuclear Security Administration in car8 rying out programs necessary for national security in the 

9 amount of $9,536,833,000, to be allocated as follows: 

10 (1) For weapons activities, $6,511,312,000. 

11 (2) For defense nuclear nonproliferation activi12 ties, $1,817,646,000. 

13 (3) For naval reactors, $808,219,000. 

14 (4) For the Office of the Administrator for Nu15 clear Security, $399,656,000. 

16 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

17 Funds are hereby authorized to be appropriated to the 

18 Department of Energy for fiscal year 2008 for defense envi19 ronmental cleanup activities in carrying out programs nec20 essary for national security in the amount of 

21 $5,363,905,000. 

22 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

23 Funds are hereby authorized to be appropriated to the 

24 Department of Energy for fiscal year 2008 for other defense 

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1 activities in carrying out programs necessary for national 

2 security in the amount of $763,974,000. 

3 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

4 Funds are hereby authorized to be appropriated to the 

5 Department of Energy for fiscal year 2008 for defense nu6 clear waste disposal for payment to the Nuclear Waste Fund 

7 established in section 302(c) of the Nuclear Waste Policy 

8 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

9 $292,046,000. 

10 Subtitle B—Program Authoriza11 tions, Restrictions, and Limita12 tions 

13 SEC. 3111. STUDY ON USING EXISTING PITS FOR THE RELI14 ABLE REPLACEMENT WARHEAD PROGRAM. 

15 (a) STUDY REQUIRED.—The Administrator for Nu16 clear Security, in consultation with the Nuclear Weapons 

17 Council, shall carry out a study analyzing the feasibility 

18 of using existing pits to remanufacture warheads for the 

19 Reliable Replacement Warhead (RRW) program. 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than February 1, 

22 2008, the Administrator shall submit to the congres23 sional defense committees a report on the results of 

24 the study. The report shall be in unclassified form, 

25 but may include a classified annex. 

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1 (2) MATTERS INCLUDED.—The report shall con2 tain the assessment of the Administrator of the results 

3 of the study, including— 

4 (A) an assessment of— 

5 (i) whether using existing pits to re6 manufacture warheads for the RRW pro7 gram is technically feasible; 

8 (ii) whether remanufacturing warheads 

9 with existing pits is more desirable than re10 manufacturing warheads with newly manu11 factured pits; 

12 (iii) the number of existing pits suit13 able for such remanufacturing; 

14 (iv) whether proceeding to remanufac15 ture warheads with existing pits before re16 manufacturing warheads with newly manu17 factured pits is desirable; and 

18 (v) the extent to which remanufac19 turing warheads with existing pits, as com20 pared to remanufacturing warheads with 

21 newly manufactured pits, would reduce fu22 ture requirements for new pit production, 

23 and how such use of existing pits would af24 fect the schedule and scope for new pit pro25 duction; and 

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1 (B) a comparison of the requirements for 

2 certifying— 

3 (i) warheads remanufactured with ex4 isting pits; 

5 (ii) warheads remanufactured with 

6 newly manufactured pits; and 

7 (iii) warheads maintained by the 

8 Stockpile Life Extension Programs. 

9 (c) DEFINITIONS.—For the purposes of this section, the 

10 terms ‘‘remanufacturing’’ and ‘‘remanufacture’’ mean the 

11 replacement of existing warheads with modern components 

12 that are designed to increase the reliability, safety, and sur13 ety of the warhead, but that do not alter the yield of the 

14 warhead or affect military characteristics of the warhead 

15 in any way. 

16 (d) FUNDING.—Of the amounts made available pursu17 ant to the authorization of appropriations in section 

18 3101(a)(1), such funds as may be necessary shall be avail19 able to carry out this section. 

20 SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRA21 TION STUDY ON NUCLEAR WEAPONS COM22 PLEX PROTECTIVE FORCES. 

23 (a) STUDY REQUIRED.—The Administrator for Nu24 clear Security shall carry out a study on the composition 

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1 of the workforce providing protective forces at the nuclear 

2 weapons complex. 

3 (b) REPORT.—Not later than March 1, 2008, the Ad4 ministrator for Nuclear Security shall submit to the con5 gressional defense committees a report on the results of the 

6 study. The report shall include the following: 

7 (1) An assessment of whether the incentives in8 herent in the use of contractors to provide protective 

9 forces increase or decrease the risk that such protective 

10 forces will be substandard. 

11 (2) Assessments of the feasibility, costs, benefits, 

12 and implications of having protective forces at the 

13 nuclear weapons complex be provided by a workforce 

14 comprised— 

15 (A) only of contractor employees; 

16 (B) only of Federal employees; 

17 (C) of both contractor employees and Fed18 eral employees; and 

19 (D) in any other manner that the Adminis20 trator considers appropriate for assessment 

21 under this paragraph. 

22 SEC. 3113. REPORT ON RETIREMENT AND DISMANTLEMENT 

23 OF NUCLEAR WARHEADS. 

24 Not later than February 1, 2008, the Administrator 

25 for Nuclear Security, in consultation with the Nuclear 

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1 Weapons Council, shall submit to the congressional defense 

2 committees a report on the retirement and dismantlement 

3 of the nuclear warheads that are not part of the enduring 

4 stockpile but that have not yet been retired or dismantled. 

5 The report shall include the following: 

6 (1) The existing plan and schedule for retiring 

7 and dismantling those warheads. 

8 (2) An assessment of the capacity of the Pantex 

9 and Y-12 plants to accommodate an accelerated 

10 schedule for retiring and dismantling those warheads. 

11 (3) An assessment of the feasibility of imple12 menting such an accelerated schedule. 

13 SEC. 3114. ASSESSMENT OF SECURITY RISKS POSED TO NU14 CLEAR WEAPONS COMPLEX. 

15 (a) ASSESSMENTS REQUIRED.—The Administrator for 

16 Nuclear Security shall conduct an assessment of— 

17 (1) the physical security risks, and the cyber se18 curity risks, posed to the nuclear weapons complex; 

19 and 

20 (2) the security technologies employed within the 

21 nuclear weapons complex. 

22 (b) REPORT REQUIRED.—Not later than February 1, 

23 2008, the Administrator shall submit to the congressional 

24 defense committees a report on the assessments conducted 

25 under subsection (a). The report shall include— 

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1 (1) for each site within the nuclear weapons 

2 complex, a description of the security technologies em3 ployed at the site and, for each such technology, the 

4 age and maintenance status of the technology; 

5 (2) a description of the methods used by the De6 partment of Energy to establish priorities among in7 vestments in physical and cyber security programs 

8 and activities; and 

9 (3) a multi-year plan for the lifecycle mainte10 nance (and replacement) of the security technologies 

11 employed within the nuclear weapons complex. 

12 SEC. 3115. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

13 STRENGTHEN AND EXPAND INTERNATIONAL 

14 RADIOLOGICAL THREAT REDUCTION PRO15 GRAM. 

16 Not later than 60 days after the date of the enactment 

17 of this Act, the Secretary of Energy shall submit to Congress 

18 a report that sets forth a specific plan for strengthening 

19 and expanding the Department of Energy International 

20 Radiological Threat Reduction (IRTR) program within the 

21 Global Threat Reduction Initiative. The plan shall address 

22 concerns raised and recommendations made by the Govern23 ment Accountability Office in its report of March 13, 2007, 

24 titled ‘‘Focusing on the Highest Priority Radiological 

25 Sources Could Improve DOE’s Efforts to Secure Sources in 

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1 Foreign Countries’’, and shall specifically include actions 

2 to— 

3 (1) improve the Department’s coordination with 

4 the Department of State and the Nuclear Regulatory 

5 Commission; 

6 (2) improve information-sharing between the De7 partment and the International Atomic Energy Agen8 cy; 

9 (3) with respect to hospitals and clinics con10 taining radiological sources that receive security up11 grades, give highest priority to those determined to be 

12 the highest risk; 

13 (4) accelerate efforts to remove as many radioiso14 tope thermoelectric generators (RTGs) in the Russian 

15 Federation as practicable; 

16 (5) develop a long-term sustainability plan for 

17 security upgrades that includes, among other things, 

18 future resources required to implement such a plan; 

19 and 

20 (6) develop a long-term operational plan that 

21 steadily increases funding for the IRTR program and 

22 ensures sufficient funding to identify, recover, and se23 cure all vulnerable high-risk radiological sources 

24 worldwide as quickly and effectively as possible. 

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1 SEC. 3116. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

2 STRENGTHEN AND EXPAND MATERIALS PRO3 TECTION, CONTROL, AND ACCOUNTING PRO4 GRAM. 

5 Not later than 60 days after the date of the enactment 

6 of this Act, the Secretary of Energy shall submit to Congress 

7 a specific plan for strengthening and expanding the Depart8 ment of Energy Materials Protection, Control, and Account9 ing (MPC&A) program. The plan shall address concerns 

10 raised and recommendations made by the Government Ac11 countability Office in its report of February 2007, titled 

12 ‘‘Progress Made in Improving Security at Russian Nuclear 

13 Sites, but the Long-Term Sustainability of U.S. Funded Se14 curity Upgrades is Uncertain’’, and shall specifically in15 clude actions to— 

16 (1) strengthen program management and the ef17 fectiveness of the Department’s efforts to improve secu18 rity at weapons-usable nuclear material and warhead 

19 sites in the Russian Federation and other countries 

20 by— 

21 (A) revising the metrics used to measure 

22 MPC&A program progress to better reflect the 

23 level of security upgrade completion at buildings 

24 reported as ‘‘secure’’; 

25 (B) actively working with Russia and other 

26 countries, in coordination with and with the 

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1 concurrence of the Secretary of State, to develop 

2 an access plan for each country; and 

3 (C) developing a management information 

4 system to track the Department’s progress in 

5 providing Russia with a sustainable MPC&A 

6 system by 2013; and 

7 (2) develop a long-term operational plan that 

8 steadily increases funding for the MPC&A program, 

9 including for National Programs and Sustainability, 

10 and ensures sufficient funding to secure all weapons11 usable nuclear material and warhead sites as quickly 

12 and effectively as possible. 

13 SEC. 3117. AUTHORITY TO USE INTERNATIONAL NUCLEAR 

14 MATERIALS PROTECTION AND COOPERATION 

15 PROGRAM FUNDS OUTSIDE THE FORMER SO16 VIET UNION. 

17 (a) MODIFICATION OF CERTIFICATION REQUIRE18 MENT.—Section 3124 of the National Defense Authorization 

19 Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 

20 1747) is amended in subsection (a)— 

21 (1) by striking ‘‘the President may’’ and insert22 ing ‘‘the Secretary of Energy may’’; and 

23 (2) by striking ‘‘if the President’’ and inserting 

24 ‘‘if the Secretary of Energy, with the concurrence of 

25 the Secretary of State,’’. 

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1 (b) REPEAL OF FUNDING LIMITATION.—Section 3124 

2 of that Act is further amended by striking subsection (c). 

3 (c) CONGRESSIONAL NOTICE REQUIREMENT.—Section 

4 3124 of that Act is further amended in subsection (d)— 

5 (1) in pararaph (1)— 

6 (A) by striking ‘‘The President may not’’ 

7 and inserting ‘‘The Secretary of Energy may 

8 not’’; and 

9 (B) by striking ‘‘until the President’’ and 

10 inserting ‘‘until the Secretary of Energy’’; 

11 (2) in paragraph (2)— 

12 (A) by striking ‘‘Not later than 10 days 

13 after’’ and inserting ‘‘Not later than 15 days 

14 prior to’’; 

15 (B) by striking ‘‘the President shall’’ and 

16 inserting ‘‘the Secretary of Energy shall’’; and 

17 (C) by striking ‘‘Congress’’ and inserting 

18 ‘‘the Committee on Armed Services and the Com19 mittee on Foreign Affairs of the House of Rep20 resentatives and the Committee on Armed Serv21 ices and Committee on Foreign Relations of the 

22 Senate’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(3) In the case of a situation that threatens human 

25 life or safety or where a delay would severely undermine 

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1 the national security of the United States, notification 

2 under paragraph (2) shall be made not later than 10 days 

3 after obligating funds under the authority in subsection (a) 

4 for a project or activity.’’. 

5 SEC. 3118. INCREASED AUTHORITY FOR OMBUDSMAN 

6 UNDER ENERGY EMPLOYEES OCCUPATIONAL 

7 ILLNESS COMPENSATION PROGRAM. 

8 Section 3686 of the Energy Employees Occupational 

9 Illness Compensation Program Act of 2000 (42 U.S.C. 

10 7385s-15) is amended— 

11 (1) by amending subsection (c) to read as fol12 lows: 

13 ‘‘(c) DUTIES.—The duties of the Office shall be as fol14 lows: 

15 ‘‘(1) To assist individuals in making claims 

16 under this title. 

17 ‘‘(2) To provide information on the benefits 

18 available under this title and on the requirements and 

19 procedures applicable to the provision of such benefits. 

20 ‘‘(3) To act as an advocate on behalf of individ21 uals seeking benefits under this title. 

22 ‘‘(4) To make recommendations to the Secretary 

23 regarding the location of centers (to be known as ‘re24 source centers’) for the acceptance and development of 

25 claims for benefits under this title. 

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1 ‘‘(5) To carry out such other duties as the Sec2 retary shall specify.’’; and 

3 (2) by striking subsection (g) (establishing a sun4 set date) and inserting the following: 

5 ‘‘(g) CONTRACT AUTHORITY.—The Ombudsman shall 

6 have authority to contract for the services of individuals 

7 with expertise in relevant disciplines, including health 

8 physics, medicine, industrial hygiene, and toxicology, as the 

9 Ombudsman may from time to time consider appropriate. 

10 ‘‘(h) FUNDING.—Effective for appropriations made for 

11 fiscal year 2008 and each fiscal year thereafter, and not12 withstanding section 3684 or any other provision of this 

13 title, or section 151 of Division B of the Miscellaneous Ap14 propriations Act, 2001 (as enacted into law by the Consoli15 dated Appropriations Act, 2001 (Public Law 106-554; 114 

16 Stat. 2763A-251)), this section shall not be carried out with 

17 direct spending under this title. Instead, no funds shall be 

18 obligated for the purpose of carrying out this section except 

19 funds appropriated specifically for the purpose of carrying 

20 out this section in appropriations Acts enacted after the 

21 date of the enactment of this subsection. There are author22 ized to be appropriated such sums as may be necessary to 

23 carry out this section for fiscal year 2008 and each fiscal 

24 year thereafter.’’. 

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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

Sec. 3201. Authorization. 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal year 

6 2008, $22,499,000 for the operation of the Defense Nuclear 

7 Facilities Safety Board under chapter 21 of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

9 TITLE XXXIII—NATIONAL 

10 DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. 

11 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

12 STOCKPILE FUNDS. 

13 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis14 cal year 2008, the National Defense Stockpile Manager may 

15 obligate up to $44,825,000 of the funds in the National De16 fense Stockpile Transaction Fund established under sub17 section (a) of section 9 of the Strategic and Critical Mate18 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

19 uses of such funds under subsection (b)(2) of such section, 

20 including the disposal of hazardous materials that are envi21 ronmentally sensitive. 

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1 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

2 Stockpile Manager may obligate amounts in excess of the 

3 amount specified in subsection (a) if the National Defense 

4 Stockpile Manager notifies Congress that extraordinary or 

5 emergency conditions necessitate the additional obligations. 

6 The National Defense Stockpile Manager may make the ad7 ditional obligations described in the notification after the 

8 end of the 45-day period beginning on the date on which 

9 Congress receives the notification. 

10 (c) LIMITATIONS.—The authorities provided by this 

11 section shall be subject to such limitations as may be pro12 vided in appropriations Acts. 

13 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

14 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

15 FROM THE NATIONAL DEFENSE STOCKPILE. 

16 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Sec17 tion 3402(b) of the National Defense Authorization Act for 

18 Fiscal Year 2000 (50 U.S.C. 98d note), as amended by sec19 tion 3302 of the National Defense Authorization Act for Fis20 cal Year 2004 (Public Law 108-136; 117 Stat. 1788) and 

21 section 3302 of the National Defense Authorization Act for 

22 Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3545), 

23 is amended by striking ‘‘$600,000,000 before’’ in paragraph 

24 (5) and inserting ‘‘$730,000,000 by’’. 

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1 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec2 tion 3303(a) of the Strom Thurmond National Defense Au3 thorization Act for Fiscal Year 1999 (Public Law 105-261; 

4 50 U.S.C. 98d note), as amended by section 3302 of the 

5 Ronald W. Reagan National Defense Authorization Act for 

6 Year 2005 (Public Law 108-375; 118 Stat. 2193), section 

7 3302 of the National Defense Authorization Act for Fiscal 

8 Year 2006 (Public Law 109-163; 119 Stat. 3545), and sec9 tion 3302(a) of the John Warner National Defense Author10 ization Act for Fiscal Year 2007 (Public Law 109-364; 120 

11 Stat. 2513), is amended by striking ‘‘$1,016,000,000 by the 

12 end of fiscal year 2014’’ in paragraph (7) and inserting 

13 ‘‘$1,469,102,000 by the end of fiscal year 2015’’. 

14 TITLE XXXIV—NAVAL 

15 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

16 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) AMOUNT.—There are hereby authorized to be ap18 propriated to the Secretary of Energy $17,301,000 for fiscal 

19 year 2008 for the purpose of carrying out activities under 

20 chapter 641 of title 10, United States Code, relating to the 

21 naval petroleum reserves. 

22 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

23 pursuant to the authorization of appropriations in sub24 section (a) shall remain available until expended. 

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1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2008. 

Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2008. 

5 Funds are hereby authorized to be appropriated for fis6 cal year 2008, to be available without fiscal year limitation 

7 if so provided in appropriations Acts, for the use of the De8 partment of Transportation for the Maritime Administra9 tion as follows: 

10 (1) For expenses necessary for operations and 

11 training activities, $115,276,000, of which— 

12 (A) $13,850,000 shall remain available 

13 until expended for capital improvements at the 

14 United States Merchant Marine Academy; and 

15 (B) $8,218,000 shall remain available until 

16 expended for maintenance and repair of school 

17 ships at the State Maritime Academies. 

18 (2) For expenses to dispose of obsolete vessels in 

19 the National Defense Reserve Fleet, including provi20 sion of assistance under section 7 of Public Law 92– 

21 402, $20,000,000. 

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1 SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSO2 LETE COMBATANT VESSELS TO NAVY FOR 

3 DISPOSAL. 

4 The Secretary of Transportation shall, subject to the 

5 availability of appropriations and consistent with section 

6 1535 of title 31, United States Code, popularly known as 

7 the Economy Act, transfer to the Secretary of the Navy dur8 ing fiscal year 2008 for disposal by the Navy, no fewer than 

9 3 combatant vessels in the nonretention fleet of the Maritime 

10 Administration that are acceptable to the Secretary of the 

11 Navy. 

Amend the title so as to read: ‘‘A bill 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.’’. 

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Union Calendar No. 86 

110TH CONGRESS 

1ST SESSION H. R. 1585 

[Report No. 110

–146] 

A BILL 

To authorize appropriations for fiscal year 2008 for 

cal year 2008, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 11, 2007 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and ormstockstill on PROD1PC66 with BILLS