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operations in Iraq or Afghanistan (including security,
transition, reconstruction, and humanitarian relief activi-
ties) for which the Secretary of Defense makes a determina-
tion described in subsection (b), the Secretary may conduct
a procurement in which—
(1) competition is limited to products or services
that are from Iraq or Afghanistan;
(2) procedures other than competitive procedures
are used to award a contract to a particular source
or sources from Iraq or Afghanistan; or
(3) a preference is provided for products or serv-
ices that are from Iraq or Afghanistan.
(b) DETERMINATION.—A determination described in
this subsection is a determination by the Secretary that—
(1) the product or service concerned is to be used
only by the military forces, police, or other security
personnel of Iraq or Afghanistan; or
(2) it is in the national security interest of the
United States to limit competition, use procedures
other than competitive procedures, or provide a pref-
erence as described in subsection (a) because—
(A) such limitation, procedure, or preference
is necessary to provide a stable source of jobs in
Iraq or Afghanistan; and
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(B) such limitation, procedure, or pref-
erence will not adversely affect—
(i) military operations or stability op-
erations in Iraq or Afghanistan; or
(ii) the United States industrial base.
(c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ
OR AFGHANISTAN.—For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it
is mined, produced, or manufactured in Iraq or Af-
ghanistan.
(2) A service is from Iraq or Afghanistan if it
is performed in Iraq or Afghanistan by citizens or
permanent resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it—
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are from
Iraq or Afghanistan.
SEC. 873. DEFENSE SCIENCE BOARD REVIEW OF DEPART-
MENT OF DEFENSE POLICIES AND PROCE-
DURES FOR THE ACQUISITION OF INFORMA-
TION TECHNOLOGY.
(a) REVIEW REQUIRED.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of De-
fense shall direct the Defense Science Board to carry out
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a review of Department of Defense policies and procedures
for the acquisition of information technology.
(b) MATTERS TO BE ADDRESSED.—The matters ad-
dressed by the review required by subsection (a) shall in-
clude the following:
(1) Department of Defense policies and proce-
dures for acquiring national security systems, busi-
ness information systems, and other information tech-
nology.
(2) The roles and responsibilities in imple-
menting such policies and procedures of—
(A) the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics;
(B) the Chief Information Officer of the De-
partment of Defense;
(C) the Director of the Business Trans-
formation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the
military departments;
(F) Defense Agency acquisition officials;
(G) the information officers of the Defense
Agencies; and
(H) the Director of Operational Test and
Evaluation and the heads of the operational test
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organizations of the military departments and
the Defense Agencies.
(3) The application of such policies and proce-
dures to information technologies that are an integral
part of weapons or weapon systems.
(4) The requirements of the Clinger-Cohen Act
(division E of Public Law 104–106) and the Paper-
work Reduction Act of 1995 regarding performance-
based and results-based management, capital plan-
ning, and investment control in the acquisition of in-
formation technology.
(5) Department of Defense policies and proce-
dures for maximizing the usage of commercial infor-
mation technology while ensuring the security of the
microelectronics, software, and networks of the De-
partment.
(6) The suitability of Department of Defense ac-
quisition regulations, including Department of De-
fense Directive 5000.1 and the accompanying mile-
stones, to the acquisition of information technology
systems.
(7) The adequacy and transparency of perform-
ance metrics currently used by the Department of De-
fense for the acquisition of information technology
systems.
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(8) The effectiveness of existing statutory and
regulatory reporting requirements for the acquisition
of information technology systems.
(9) The adequacy of operational and develop-
ment test resources (including infrastructure and per-
sonnel), policies, and procedures to ensure appro-
priate testing of information technology systems both
during development and before operational use.
(10) The appropriate policies and procedures for
technology assessment, development, and operational
testing for purposes of the adoption of commercial
technologies into information technology systems.
(c) REPORT REQUIRED.—Not later than one year after
the date of enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the re-
sults of the review required by subsection (a). The report
shall include the findings and recommendations of the De-
fense Science Board pursuant to the review, including such
recommendations for legislative or administrative action as
the Board considers appropriate, together with any com-
ments the Secretary considers appropriate.
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SEC. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION
AUTHORITY FOR THE UNIFIED COMBATANT
COMMAND FOR JOINT WARFIGHTING EXPERI-
MENTATION.
(a) SUSTAINMENT OF EQUIPMENT.—
(1) IN GENERAL.—Subsection (a) of section 167a
of title 10, United States Code, is amended by strik-
ing ‘‘and acquire’’ and inserting ‘‘, acquire, and sus-
tain’’.
(2) CONFORMING AMENDMENT.—Subsection (d)
of such section is amended in the matter preceding
paragraph (1) by striking ‘‘or acquisition’’ and in-
serting ‘‘, acquisition, or sustainment’’.
(b) TWO-YEAR EXTENSION.—Subsection (f) of such
section is amended—
(1) by striking ‘‘through 2008’’ and inserting
‘‘through 2010’’; and
(2) by striking ‘‘September 30, 2008’’ and insert-
ing ‘‘September 30, 2010’’.
SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION
OF ESSENTIAL MILITARY ITEMS AND MILI-
TARY SYSTEM ESSENTIAL ITEM BREAKOUT
LIST.
Section 813 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543)
is repealed.
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SEC. 876. GREEN PROCUREMENT POLICY.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) On September 1, 2004, the Department of
Defense issued its green procurement policy. The pol-
icy affirms a goal of 100 percent compliance with
Federal laws and executive orders requiring purchase
of environmentally friendly, or green, products and
services. The policy also outlines a strategy for meet-
ing those requirements along with metrics for meas-
uring progress.
(2) On September 13, 2006, the Department of
Defense hosted a biobased product showcase and edu-
cational event which underscores the importance and
seriousness with which the Department is imple-
menting its green procurement program.
(3) On January 24, 2007, President Bush signed
Executive Order 13423: Strengthening Federal Envi-
ronmental, Energy, and Transportation Management,
which contains the requirement that Federal agencies
procure biobased and environmentally preferable
products and services.
(4) Although the Department of Defense con-
tinues to work to become a leading advocate of green
procurement, there is concern that there is not a pro-
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curement application or process in place at the De-
partment that supports compliance analysis.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Defense should establish a sys-
tem to document and track the use of environmentally pref-
erable products and services.
(c) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on its plan to increase the usage
of environmentally friendly products that minimize poten-
tial impacts to human health and the environment at all
Department of Defense facilities inside and outside the
United States, including through the direct purchase of
products and the purchase of products by facility mainte-
nance contractors.
SEC. 877. GAO REVIEW OF USE OF AUTHORITY UNDER THE
DEFENSE PRODUCTION ACT OF 1950.
(a) THOROUGH REVIEW REQUIRED.—The Comptroller
General of the United States (in this section referred to as
the ‘‘Comptroller’’) shall conduct a thorough review of the
application of the Defense Production Act of 1950, since
the date of enactment of the Defense Production Act Reau-
thorization of 2003 (Public Law 108–195), in light of
amendments made by that Act.
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(b) CONSIDERATIONS.—In conducting the review re-
quired by this section, the Comptroller shall examine—
(1) existing authorities under the Defense Pro-
duction Act of 1950;
(2) whether and how such authorities should be
statutorily modified to ensure preparedness of the
United States and United States industry—
(A) to meet security challenges;
(B) to meet current and future defense re-
quirements;
(C) to meet current and future energy re-
quirements;
(D) to meet current and future domestic
emergency and disaster response and recovery re-
quirements;
(E) to reduce the interruption of critical in-
frastructure operations during a terrorist attack,
natural catastrophe, or other similar national
emergency; and
(F) to safeguard critical components of the
United States industrial base, including Amer-
ican aerospace and shipbuilding industries;
(3) the effectiveness of amendments made by the
Defense Production Act Reauthorization of 2003, and
the implementation of such amendments;
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(4) advantages and limitations of Defense Pro-
duction Act of 1950-related capabilities, to ensure ad-
aptation of the law to meet the security challenges of
the 21st Century;
(5) the economic impact of foreign offset con-
tracts and the efficacy of existing authority in miti-
gating such impact;
(6) the relative merit of developing rapid and
standardized systems for use of the authority provided
under the Defense Production Act of 1950, by any
Federal agency; and
(7) such other issues as the Comptroller deter-
mines relevant.
(c) REPORT TO CONGRESS.—Not later than 120 days
after the date of enactment of this Act, the Comptroller shall
submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate on the results of the review
conducted under this section, together with any legislative
recommendations.
(d) RULES OF CONSTRUCTION ON PROTECTION OF IN-
FORMATION.—Notwithstanding any other provision of
law—
(1) the provisions of section 705(d) of the Defense
Production Act of 1950 (50 U.S.C. App. 2155(d))
shall not apply to information sought or obtained by