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‘‘(6) GOAL FOR SBIR TECHNOLOGY INSERTION.—
The Secretary of Defense shall—
‘‘(A) set a goal to increase the number of
Phase II contracts awarded by that Secretary
that lead to technology transition into programs
of record or fielded systems;
‘‘(B) use incentives in effect on the date of
enactment of the National Defense Authorization
Act for Fiscal Year 2008, or create new incen-
tives, to encourage prime contractors to meet the
goal under subparagraph (A); and
‘‘(C) submit to the Committee on Armed
Services and the Committee on Small Business
and Entrepreneurship of the Senate and the
Committee on Armed Services and the Com-
mittee on Small Business of the House of Rep-
resentatives an annual report regarding the per-
centage of contracts described in subparagraph
(A) awarded by that Secretary.’’; and
(4) in paragraph (8), as so redesignated, by
striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal year
2012’’.
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SEC. 1086. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL
BASE.
(a) REPORT.—Not later than 190 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the status, capability, viability, and capacity of the solid
rocket motor industrial base in the United States.
(b) CONTENT.—The report required under subsection
(a) shall include the following:
(1) An assessment of the ability to maintain the
Minuteman III intercontinental ballistic missile
through its planned operational life.
(2) An assessment of the ability to maintain the
Trident II D–5 submarine launched ballistic missile
through its planned operational life.
(3) An assessment of the ability to maintain all
other space launch, missile defense, and other vehicles
with solid rocket motors, through their planned oper-
ational lifetimes.
(4) An assessment of the ability to support any
future requirements for vehicles with solid rocket mo-
tors to support space launch, missile defense, or any
range of ballistic missiles determined to be necessary
to meet defense needs or other requirements of the
United States Government.
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(5) An assessment of the required materials, the
supplier base, the production facilities, and the pro-
duction workforce needed to ensure that current and
future requirements could be met.
(6) An assessment of the adequacy of the current
and anticipated programs to support an industrial
base that would be needed to support the range of fu-
ture requirements.
(c) COMPTROLLER GENERAL REVIEW.—Not later than
60 days after submittal under subsection (a) of the report
required by that subsection, the Comptroller General of the
United States shall submit to the congressional defense com-
mittees a report setting forth the Comptroller General’s as-
sessment of the matters contained in the report under sub-
section (a), including an assessment of the consistency of
the budget of the President for fiscal year 2009, as sub-
mitted to Congress pursuant to section 1105 of title 31,
United States Code, with the matters contained in the re-
port under subsection (a).
SEC. 1087. JUSTICE FOR MARINES AND OTHER VICTIMS OF
STATE-SPONSORED TERRORISM ACT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Justice for Marines and Other Victims of State-Sponsored
Terrorism Act’’.
(b) TERRORISM EXCEPTION TO IMMUNITY.—
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(1) IN GENERAL.—Chapter 97 of title 28, United
States Code, is amended by inserting after section
1605 the following:
‘‘§ 1605A. Terrorism exception to the jurisdictional im-
munity of a foreign state
‘‘(a) IN GENERAL.—
‘‘(1) NO IMMUNITY.—A foreign state shall not be
immune from the jurisdiction of courts of the United
States or of the States in any case not otherwise cov-
ered by this chapter in which money damages are
sought against a foreign state for personal injury or
death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking,
or the provision of material support or resources (as
defined in section 2339A of title 18) for such an act
if such act or provision of material support is en-
gaged in by an official, employee, or agent of such
foreign state while acting within the scope of his or
her office, employment, or agency.
‘‘(2) CLAIM
HEARD.—The court shall hear a
claim under this section if—
‘‘(A) the foreign state was designated as a
state sponsor of terrorism under section 6(j) of
the Export Administration Act of 1979 (50
U.S.C. App. 2405 (j)) or section 620A of the For-
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eign Assistance Act of 1961 (22 U.S.C. 2371) at
the time the act occurred, unless later designated
as a result of such act;
‘‘(B) the claimant or the victim was—
‘‘(i) a national of the United States (as
that term is defined in section 101(a)(22) of
the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
‘‘(ii) a member of the Armed Forces of
the United States (as that term is defined
in section 976 of title 10); or
‘‘(iii) otherwise an employee of the gov-
ernment of the United States or one of its
contractors acting within the scope of their
employment when the act upon which the
claim is based occurred; or
‘‘(C) where the act occurred in the foreign
state against which the claim has been brought,
the claimant has afforded the foreign state a rea-
sonable opportunity to arbitrate the claim in ac-
cordance with the accepted international rules of
arbitration.
‘‘(b) DEFINITION.—For purposes of this section—
‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’
have the meaning given those terms in section 3 of the
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Torture Victim Protection Act of 1991 (28 U.S.C.
1350 note);
‘‘(2) the term ‘hostage taking’ has the meaning
given that term in Article 1 of the International Con-
vention Against the Taking of Hostages; and
‘‘(3) the term ‘aircraft sabotage’ has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.
‘‘(c) TIME LIMIT.—An action may be brought under
this section if the action is commenced not later than the
latter of—
‘‘(1) 10 years after April 24, 1996; or
‘‘(2) 10 years from the date on which the cause
of action arose.
‘‘(d) PRIVATE RIGHT OF ACTION.—A private cause of
action may be brought against a foreign state designated
under section 6(j) of the Export Administration Act of 1979
(50 U.S.C. 2405(j)), and any official, employee, or agent
of said foreign state while acting within the scope of his
or her office, employment, or agency which shall be liable
to a national of the United States (as that term is defined
in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces
of the United States (as that term is defined in section 976
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of title 10), or an employee of the government of the United
States or one of its contractors acting within the scope of
their employment or the legal representative of such a per-
son for personal injury or death caused by acts of that for-
eign state or its official, employee, or agent for which the
courts of the United States may maintain jurisdiction
under this section for money damages which may include
economic damages, solatium, pain, and suffering, and pu-
nitive damages if the acts were among those described in
this section. A foreign state shall be vicariously liable for
the actions of its officials, employees, or agents.
‘‘(e) ADDITIONAL DAMAGES.—After an action has been
brought under subsection (d), actions may also be brought
for reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and life and property in-
surance policy loss claims.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—The Courts of the United
States may from time to time appoint special masters
to hear damage claims brought under this section.
‘‘(2) TRANSFER OF FUNDS.—The Attorney Gen-
eral shall transfer, from funds available for the pro-
gram under sections 1404C of the Victims Crime Act
of 1984 (42 U.S.C. 10603c) to the Administrator of
the United States District Court in which any case
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is pending which has been brought pursuant to sec-
tion 1605(a)(7) such funds as may be required to
carry out the Orders of that United States District
Court appointing Special Masters in any case under
this section. Any amount paid in compensation to
any such Special Master shall constitute an item of
court costs.
‘‘(g) APPEAL.—In an action brought under this sec-
tion, appeals from orders not conclusively ending the litiga-
tion may only be taken pursuant to section 1292(b) of this
title.
‘‘(h) PROPERTY DISPOSITION.—
‘‘(1) IN GENERAL.—In every action filed in a
United States district court in which jurisdiction is
alleged under this section, the filing of a notice of
pending action pursuant to this section, to which is
attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of lis
pendens upon any real property or tangible personal
property located within that judicial district that is
titled in the name of any defendant, or titled in the
name of any entity controlled by any such defendant
if such notice contains a statement listing those con-
trolled entities.
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‘‘(2) NOTICE.—A notice of pending action pursu-
ant to this section shall be filed by the clerk of the dis-
trict court in the same manner as any pending action
and shall be indexed by listing as defendants all
named defendants and all entities listed as controlled
by any defendant.
‘‘(3) ENFORCEABILITY.—Liens established by
reason of this subsection shall be enforceable as pro-
vided in chapter 111 of this title.’’.
(2) AMENDMENT TO CHAPTER ANALYSIS.—The
chapter analysis for chapter 97 of title 28, United
States Code, is amended by inserting after the item
for section 1605 the following:
‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’.
(c) CONFORMING AMENDMENTS.—
(1) PROPERTY.—Section 1610 of title 28, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(g) PROPERTY IN CERTAIN ACTIONS.—
‘‘(1) IN GENERAL.—The property of a foreign
state, or agency or instrumentality of a foreign state,
against which a judgment is entered under this sec-
tion, including property that is a separate juridical
entity, is subject to execution upon that judgment as
provided in this section, regardless of—
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‘‘(A) the level of economic control over the
property by the government of the foreign state;
‘‘(B) whether the profits of the property go
to that government;
‘‘(C) the degree to which officials of that
government manage the property or otherwise
control its daily affairs;
‘‘(D) whether that government is the sole
beneficiary in interest of the property; or
‘‘(E) whether establishing the property as a
separate entity would entitle the foreign state to
benefits in United States courts while avoiding
its obligations.
‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN-
APPLICABLE.—Any property of a foreign state, or
agency or instrumentality of a foreign state, to which
paragraph (1) applies shall not be immune from exe-
cution upon a judgment entered under this section be-
cause the property is regulated by the United States
Government by reason of action taken against that
foreign state under the Trading With the Enemy Act
or the International Emergency Economic Powers
Act.’’.
(2) 
VICTIMS
OF
CRIME
ACT.—Section
1404C(a)(3) of the Victims of Crime Act of 1984 (42
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U.S.C. 10603c(a)(3)) is amended by striking ‘‘Decem-
ber 21, 1988, with respect to which an investigation
or’’ and inserting ‘‘October 23, 1983, with respect to
which an investigation or civil or criminal’’.
(3) GENERAL EXCEPTION.—Section 1605 of title
28, United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (5)(B), by inserting
‘‘or’’ after the semicolon;
(ii) in paragraph (6)(D), by striking
‘‘; or’’ and inserting a period; and
(iii) by striking paragraph (7); and
(B) by striking subsections (e) and (f).
(d) APPLICATION TO PENDING CASES.—
(1) IN
GENERAL.—The amendments made by
this section shall apply to any claim arising under
section 1605A or 1605(g) of title 28, United States
Code, as added by this section.
(2) PRIOR ACTIONS.—Any judgment or action
brought under section 1605(a)(7) of title 28, United
States Code, or section 101(c) of Public Law 104–208
after the effective date of such provisions relying on
either of these provisions as creating a cause of ac-
tion, which has been adversely affected on the grounds
that either or both of these provisions fail to create a
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cause of action opposable against the state, and which
is still before the courts in any form, including ap-
peal or motion under Federal Rule of Civil Procedure
60(b), shall, on motion made to the Federal District
Court where the judgment or action was initially en-
tered, be given effect as if it had originally been filed
pursuant to section 1605A(d) of title 28, United
States Code. The defenses of res judicata, collateral es-
toppel and limitation period are waived in any re-
filed action described in this paragraph and based on
the such claim. Any such motion or re-filing must be
made not later than 60 days after enactment of this
Act.
SEC. 1088. SMALL HIGH-TECH FIRMS.
Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ‘‘2008’’ and inserting
‘‘2010’’.
SEC. 1089. INCREASED AUTHORITY FOR REPAIR, RESTORA-
TION, AND PRESERVATION OF LAFAYETTE ES-
CADRILLE 
MEMORIAL, 
MARNES-LA-CO-
QUETTE, FRANCE.
Section 1065 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1233) is amended—
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(1) 
in 
subsection 
(a)(2), 
by 
striking
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and
(2) in subsection (e), by striking ‘‘under section
301(a)(4)’’.
SEC. 1090. RETENTION OF REIMBURSEMENT FOR PROVI-
SION OF RECIPROCAL FIRE PROTECTION
SERVICES.
Section 5 of the Act of May 27, 1955 (chapter 105;
69 Stat. 67; 42 U.S.C. 1856d) is amended—
(1) by striking ‘‘Funds’’ and inserting ‘‘(a)
Funds’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) Notwithstanding the provisions of subsection (a),
all sums received for any Department of Defense activity
for fire protection rendered pursuant to this Act shall be
credited to the appropriation fund or account from which
the expenses were paid. Amounts so credited shall be merged
with funds in such appropriation fund or account and shall
be available for the same purposes and subject to the same
limitations as the funds with which the funds are merged.’’.
SEC. 1091. NATIONAL CENTER FOR HUMAN PERFORMANCE.
The scientific institute to perform research and edu-
cation in medicine and related sciences to enhance human
performance that is located at the Texas Medical Center
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shall hereafter be known as the ‘‘National Center for
Human Performance’’. Nothing in this section shall be con-
strued to convey on such institute status as a center of excel-
lence under the Public Health Service Act or as a center
of the national institutes of health under title IV of such
Act.
SEC. 1092. DEFINITION OF ALTERNATIVE FUELED VEHICLE.
Section 301(3) of the Energy Policy Act of 1992 (42
U.S.C. 13211(3)) is amended—
(1) by striking ‘‘(3) the term’’ and inserting the
following:
‘‘(3) ALTERNATIVE FUELED VEHICLE.—
‘‘(A) IN GENERAL.—The term’’; and
(2) by adding at the end the following:
‘‘(B) INCLUSIONS.—The term ‘alternative
fueled vehicle’ includes—
‘‘(i) a new qualified fuel cell motor ve-
hicle (as defined in section 30B(b)(3) of the
Internal Revenue Code of 1986);
‘‘(ii) a new advanced lean burn tech-
nology motor vehicle (as defined in section
30B(c)(3) of that Code);
‘‘(iii) a new qualified hybrid motor ve-
hicle (as defined in section 30B(d)(3) of
that Code); and
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‘‘(iv) any other type of vehicle that the
agency demonstrates to the Secretary would
achieve a significant reduction in petroleum
consumption.’’.
SEC. 1093. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS
FOR FAMILY MEMBERS OF INDIVIDUALS PER-
FORMING CERTAIN MILITARY SERVICE.
(a) FEDERAL EMPLOYEES PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) CAREGIVER.—The term ‘‘caregiver’’
means an individual who—
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members
of a qualified member of the Armed Forces.
(B) COVERED
PERIOD
OF
SERVICE.—The
term ‘‘covered period of service’’ means any pe-
riod of service performed by an employee as a
caregiver while the individual who designated
the caregiver under paragraph (3) remains a
qualified member of the Armed Forces.
(C) EMPLOYEE.—The term ‘‘employee’’ has
the meaning given under section 6331 of title 5,
United States Code.
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(D) FAMILY MEMBER.—The term ‘‘family
member’’ includes—
(i) individuals for whom the qualified
member of the Armed Forces provides med-
ical, financial, and logistical support (such
as housing, food, clothing, or transpor-
tation); and
(ii) children under the age of 18 years,
elderly adults, persons with disabilities, and
other persons with a mental or physical dis-
ability, who are unable to care for them-
selves in the absence of the qualified member
of the Armed Forces.
(E) QUALIFIED
MEMBER
OF
THE
ARMED
FORCES.—The term ‘‘qualified member of the
Armed Forces’’ means—
(i) a member of a reserve component of
the Armed Forces as described under section
10101 of title 10, United States Code, who
has received notice to report to, or is serving
on, active duty in the Armed Forces in sup-
port of a contingency operation as defined
under section 101(a)(13) of title 10, United
States Code; or
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(ii) a member of the Armed Forces on
active duty who is eligible for hostile fire or
imminent danger special pay under section
310 of title 37, United States Code.
(2) ESTABLISHMENT OF PROGRAM.—The Office
of Personnel Management may establish a program to
authorize a caregiver to use under paragraph (4)—
(A) any sick leave of that caregiver during
a covered period of service; and
(B) any leave available to that caregiver
under subchapter III or IV of chapter 63 of title
5, United States Code, during a covered period
of service.
(3) DESIGNATION OF CAREGIVER.—
(A) IN GENERAL.—A qualified member of
the Armed Forces shall submit a written des-
ignation of the individual who is the caregiver
for any family member of that member of the
Armed Forces during a covered period of service
to—
(i) the employing agency; and
(ii) the uniformed service of which the
individual is a member.
(B) DESIGNATION
OF
SPOUSE.—Notwith-
standing paragraph (1)(A)(ii), an individual
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less than 21 years of age may be designated as
a caregiver if that individual is the spouse of the
qualified member of the Armed Forces making
the designation.
(4) USE OF CAREGIVER LEAVE.—Leave may only
be used under this subsection for purposes directly re-
lating to, or resulting from, the giving of care by the
employee to a family member under the designation
of the employee as the caregiver for the family mem-
ber.
(5) REGULATIONS.—Not later than 120 days
after the date of enactment of this Act, the Office of
Personnel Management shall prescribe regulations to
carry out this subsection, including a definition of ac-
tivities that qualify as the giving of care.
(6) TERMINATION.—The program under this sub-
section shall terminate on December 31, 2010.
(b) VOLUNTARY PRIVATE SECTOR LEAVE PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) CAREGIVER.—The term ‘‘caregiver’’
means an individual who—
(i) is an employee;
(ii) is at least 21 years of age; and