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respond in a timely and effective way to domestic
emergencies.’’.
(b) INCLUSION OF NATIONAL GUARD READINESS IN
QUARTERLY PERSONNEL AND UNIT READINESS REPORT.—
Section 482 of such title is amended—
(1) in subsection (a), by striking ‘‘and (e)’’ and
inserting ‘‘(e), and (f)’’;
(2) by redesignating subsection (f) as subsection
(g);
(3) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM
CIVIL SUPPORT MISSIONS.—(1) Each report shall also in-
clude an assessment of the readiness of the National Guard
to perform tasks required to support the National Response
Plan for support to civil authorities.
‘‘(2) Any information in a report under this subsection
that is relevant to the National Guard of a particular State
shall also be made available to the Governor of that State.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply with respect to reports sub-
mitted after the date of the enactment of this Act.
(d) REPORT ON IMPLEMENTATION.—
(1) IN GENERAL.—As part of the budget jus-
tification materials submitted to Congress in support
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of the budget of the President for fiscal year 2009 (as
submitted under section 1105 of title 31, United
States Code), the Secretary of Defense shall submit to
the congressional defense committees a report on ac-
tions taken by the Secretary to achieve the implemen-
tation of the amendments made by this section.
(2) ELEMENTS.—The report under paragraph
(1) shall include a description of the mechanisms to
be utilized by the Secretary for assessing the per-
sonnel, equipment, and training readiness of the Na-
tional Guard, including the standards and measures
that will be applied and mechanisms for sharing in-
formation on such matters with the Governors of the
States.
SEC. 344. SENSE OF SENATE ON THE AIR FORCE LOGISTICS
CENTERS.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) Air Force Air Logistics Centers have served
as a model of efficiency and effectiveness in providing
integrated sustainment (depot maintenance, supply
management, and product support) for fielded weap-
on systems within the Department of Defense. This
success has been founded in the integration of these
dependent processes.
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(2) Air Force Air Logistics Centers have em-
braced best practices, technology changes, and process
improvements, and have successfully managed in-
creased workload while at the same time reducing
personnel.
(3) Air Force Air Logistics Centers continue to
successfully sustain an aging aircraft fleet that is per-
forming more flying hours, with less aircraft, than at
any point in the last thirty years.
(4) The purpose of the Global Logistics Support
Center is to apply an enterprise approach to supply
chain management to eliminate redundancies and
improve efficiencies across the Air Force in order to
best provide capable aircraft to the warfighter.
(5) The Air Force is working diligently to iden-
tify means to create further efficiencies in the Air
Force logistics network.
(b) SENSE OF SENATE.—It is the sense of the Senate
that the Air Force should work closely with Congress as the
Air Force continues to develop and implement the Global
Logistics Support Center concept.
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Subtitle E—Other Matters
SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND
PREVENTION FUNCTIONS WITHIN DEPART-
MENT OF DEFENSE.
(a) OFFICE OF CORROSION POLICY AND OVERSIGHT.—
(1) IN
GENERAL.—Section 2228 of title 10,
United States Code, is amended—
(A) in the section heading, by striking
‘‘Military equipment and infrastruc-
ture: prevention and mitigation of cor-
rosion’’ and inserting ‘‘Office of Corro-
sion Policy and Oversight’’; and
(B) by amending subsection (a) to read as
follows:
‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office
of Corrosion Policy and Oversight within the Office of the
Under Secretary of Defense for Acquisition, Technology,
and Logistics.
‘‘(2) The Office shall be headed by a Director of Corro-
sion Policy and Oversight (in this section referred to as the
‘Director’), who shall be assigned to such position by the
Under Secretary from among civilian employees of the De-
partment of Defense with the qualifications described in
paragraph (3). The Director is the senior official respon-
sible in the Department of Defense to the Secretary of De-
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fense (after the Under Secretary of Defense for Acquisition,
Technology, and Logistics) for the prevention and mitiga-
tion of corrosion of the military equipment and infrastruc-
ture of the Department of Defense. The Director shall report
directly to the Under Secretary.
‘‘(3) In order to qualify to be assigned to the position
of Director, an individual shall—
‘‘(A) have a minimum of 10 years experience in
the Defense Acquisition Corps;
‘‘(B) have technical expertise in, and profes-
sional experience with, corrosion engineering, includ-
ing an understanding of the effects of corrosion poli-
cies on infrastructure; research, development, test, and
evaluation; and maintenance; and
‘‘(C) have background in and an understanding
of Department of Defense budget formulation and exe-
cution, policy formulation, and planning and pro-
gram requirements.’’.
(2) CONFORMING CHANGES.—Subsection (b) of
such section is amended—
(A) in paragraph (1), by striking ‘‘official
or organization designated under subsection (a)’’
and inserting ‘‘Director’’; and
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(B) by striking ‘‘designated official or orga-
nization’’ each place it appears and inserting
‘‘Director’’.
(b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF-
FICE.—Such section is further amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (f), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.—The
Director is authorized to—
‘‘(1) develop, update, and coordinate corrosion
training with the Defense Acquisition University;
‘‘(2) participate in the process within the De-
partment of Defense for the development of relevant
directives and instructions; and
‘‘(3) interact directly with the corrosion preven-
tion industry, trade associations, other government
corrosion prevention agencies, academic research in-
stitutions, and scientific organizations engaged in
corrosion prevention, including the National Academy
of Sciences.’’.
(c) INCLUSION OF COOPERATIVE RESEARCH AGREE-
MENTS AS PART OF CORROSION REDUCTION STRATEGY.—
Subparagraph (D) of subsection (d)(2) of such section, as
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redesignated by subsection (b), is amended by inserting
after ‘‘operational strategies’’ the following: ‘‘, including
through the establishment of memoranda of agreement, joint
funding agreements, public-private partnerships, university
research centers, and other cooperative research agree-
ments’’.
(d) REPORT REQUIREMENT.—Such section is further
amended by inserting after subsection (d), as redesignated
by subsection (b), the following new subsection:
‘‘(e) REPORT.—(1) The Secretary of Defense shall sub-
mit with the defense budget materials for each fiscal year
beginning with fiscal year 2009 a report on the following:
‘‘(A) Funding requirements for the long-term
strategy developed under subsection (d).
‘‘(B) The return on investment that would be
achieved by implementing the strategy.
‘‘(C) The funds requested in the budget compared
to the funding requirements.
‘‘(D) An explanation of why the Department of
Defense is not requesting funds for the entire require-
ment.
‘‘(2) Not later than 60 days after submission of the
budget for a fiscal year, the Comptroller General shall pro-
vide to the congressional defense committees—
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‘‘(A) an analysis of the budget submission for
corrosion control and prevention by the Department
of Defense; and
‘‘(B) an analysis of the report required under
paragraph (1).’’.
(e) DEFINITIONS.—Subsection (f), as redesignated by
subsection (b), is amended by adding at the end the fol-
lowing new paragraphs:
‘‘(4) The term ‘budget’, with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
‘‘(5) The term ‘defense budget materials’, with
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in sup-
port of the budget for that fiscal year.’’.
SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUP-
PORT PROVIDED TO FEDERAL AGENCIES.
Section 377 of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘To the extent’’
and inserting ‘‘Subject to subsection (c), to the ex-
tent’’;
(2) by redesignating subsection (b) as subsection
(c);
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(3) by inserting after subsection (a) the following
new subsection:
‘‘(b)(1) Subject to subsection (c), the Secretary of De-
fense shall require a Federal agency to which law enforce-
ment support or support to a national special security event
is provided by National Guard personnel performing duty
under section 502(f) of title 32 to reimburse the Department
of Defense for the costs of that support, notwithstanding any
other provision of law. No other provision of this chapter
shall apply to such support.
‘‘(2) Any funds received by the Department of Defense
under this subsection as reimbursement for support pro-
vided by personnel of the National Guard shall be credited,
at the election of the Secretary of Defense, to the following:
‘‘(A) The appropriation, fund, or account used to
fund the support.
‘‘(B) The appropriation, fund, or account cur-
rently available for reimbursement purposes.’’; and
(4) in subsection (c), as redesignated by para-
graph (2)—
(A) by inserting ‘‘or section 502(f) of title
32’’ after ‘‘under this chapter’’; and
(B) in paragraph (2), by inserting ‘‘or per-
sonnel of the National Guard’’ after ‘‘Depart-
ment of Defense’’.
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SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE
PROGRAM.
Section 44310 of title 49, United States Code, is
amended by striking ‘‘March 30, 2008’’ and inserting ‘‘De-
cember 31, 2013’’.
SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION
OF UNLAWFULLY OBTAINED PROPERTY OF
THE ARMED FORCES.
(a) STATUTORY ESTABLISHMENT OF ACCOUNTABILITY
FOR PROPERTY OF NAVY AND MARINE CORPS.—
(1) IN
GENERAL.—Chapter 661 of title 10,
United States Code, is amended by adding at the end
the following new section:
‘‘§ 7864. Property accountability; regulations
‘‘The Secretary of the Navy may prescribe regulations
for the accounting for property of the Navy and the Marine
Corps and for the fixing of responsibility for such prop-
erty.’’.
(2) UNAUTHORIZED DISPOSITION AND RECOVERY
OF PROPERTY.—Such chapter is further amended by
adding at the end the following new section:
‘‘§ 7865. Military equipment: unauthorized disposition
‘‘(a) PROHIBITION.—No member of the Navy or the
Marine Corps may sell, lend, pledge, barter, or give any
clothing, arms, or equipment obtained by or furnished to
the member by the United States to any person other than
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a member of the Navy or the Marine Corps authorized to
receive it, an officer of the United States authorized to re-
ceive it, or any other individual authorized to receive it.
‘‘(b) SEIZURE OF PROPERTY.—If a member of the
Navy or the Marine Corps disposes of property in violation
of subsection (a) and it is in the possession of a person
who is not authorized to receive it as described in that sub-
section, that person has no right to or interest in the prop-
erty, and any civil or military officer of the United States
may seize it, wherever found, subject to applicable regula-
tions. Possession of such property by a person who is not
authorized to receive it as described in subsection (a) is
prima facie evidence that it has been disposed of in viola-
tion of subsection (a).
‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer
who seizes property under subsection (b) is not authorized
to retain it for the United States, the officer shall deliver
it to a person who is authorized to retain it.’’.
(b) STANDARDIZING AMENDMENTS RELATING TO DIS-
POSITION
OF UNLAWFULLY OBTAINED ARMY
AND AIR
FORCE PROPERTY.—
(1) ARMY PROPERTY.—Section 4836 of title 10,
United States Code, is amended to read as follows:
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‘‘§ 4836. Military equipment: unauthorized disposition
‘‘(a) PROHIBITION.—No member of the Army may sell,
lend, pledge, barter, or give any clothing, arms, or equip-
ment obtained by or furnished to the member by the United
States to any person other than a member of the Army au-
thorized to receive it, an officer of the United States author-
ized to receive it, or any other individual authorized to re-
ceive it.
‘‘(b) SEIZURE OF PROPERTY.—If a member of the
Army disposes of property in violation of subsection (a) and
it is in the possession of a person who is not authorized
to receive it as described in that subsection, that person has
no right to or interest in the property, and any civil or
military officer of the United States may seize it, wherever
found, subject to applicable regulations. Possession of such
property by a person who is not authorized to receive it
as described in subsection (a) is prima facie evidence that
it has been disposed of in violation of subsection (a).
‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer
who seizes property under subsection (b) is not authorized
to retain it for the United States, the officer shall deliver
it to a person who is authorized to retain it.’’.
(2) AIR FORCE PROPERTY.—Section 9836 of such
title is amended is amended to read as follows:
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‘‘§ 9836. Military equipment: unauthorized disposition
‘‘(a) PROHIBITION.—No member of the Air Force may
sell, lend, pledge, barter, or give any clothing, arms, or
equipment obtained by or furnished to the member by the
United States to any person other than a member of the
Air Force authorized to receive it, an officer of the United
States authorized to receive it, or any other individual au-
thorized to receive it.
‘‘(b) SEIZURE OF PROPERTY.—If a member of the Air
Force disposes of property in violation of subsection (a) and
it is in the possession of a person who is not authorized
to receive it as described in that subsection, that person has
no right to or interest in the property, and any civil or
military officer of the United States may seize it, wherever
found, subject to applicable regulations. Possession of such
property by a person who is not authorized to receive it
as described in subsection (a) is prima facie evidence that
it has been disposed of in violation of subsection (a).
‘‘(c) RETENTION OF SEIZED PROPERTY.—If an officer
who seizes property under subsection (b) is not authorized
to retain it for the United States, the officer shall deliver
it to a person who is authorized to retain it.’’.
(c) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of
chapter 453 of such title is amended by striking the
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item relating to section 4836 and inserting the fol-
lowing new item:
‘‘4836. Military equipment: unauthorized disposition.’’.
(2) The table of sections at the beginning of
chapter 661 of such title is amended by adding at the
end the following new items:
‘‘7864. Property accountability: regulations.
‘‘7865. Military equipment: unauthorized disposition.’’.
(3) The table of sections at the beginning of
chapter 953 of such title is amended by striking the
item relating to section 9836 and inserting the fol-
lowing new item:
‘‘9836. Military equipment: unauthorized disposition.’’.
SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDI-
TIONS ON THE PAYMENT OF FULL REPLACE-
MENT VALUE FOR CLAIMS RELATED TO PER-
SONAL PROPERTY TRANSPORTED AT GOV-
ERNMENT EXPENSE.
Section 2636a(d) of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘The regulations may require members of the armed forces
or civilian employees of the Department of Defense to com-
ply with reasonable conditions in order to receive benefits
under this section.’’.
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SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COM-
BAT 
UNIFORMS 
ISSUED 
IN 
CONNECTION
WITH CONTINGENCY OPERATIONS.
The Secretary of a military department may authorize
members of the Armed Forces under the jurisdiction of the
Secretary to retain combat uniforms issued as organiza-
tional clothing and individual equipment in connection
with their deployment in support of contingency operations.
SEC. 357. MODIFICATION OF REQUIREMENTS ON COMP-
TROLLER GENERAL REPORT ON THE READI-
NESS OF ARMY AND MARINE CORPS GROUND
FORCES.
(a) SUBMITTAL DATE.—Subsection (a)(1) of section
345 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2156)
is amended by striking ‘‘June 1, 2007’’ and inserting
‘‘March 1, 2008’’.
(b) ELEMENTS.—Subsection (b) of such section is
amended—
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7)
as paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) An assessment of the ability of the Army
and Marine Corps to provide trained and ready
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forces to meet the requirements of increased force lev-
els in support of Operations Iraqi Freedom and En-
during Freedom and to meet the requirements of other
ongoing operations simultaneously with such in-
creased force levels.
‘‘(3) An assessment of the strategic depth of the
Army and Marine Corps and their ability to provide
trained and ready forces to meet the requirements of
the high-priority contingency war plans of the re-
gional combatant commands, including an identifica-
tion and evaluation for each such plan of—
‘‘(A) the strategic and operational risks as-
sociated with current and projected forces of cur-
rent and projected readiness;
‘‘(B) the time required to make forces avail-
able and prepare them for deployment; and
‘‘(C) likely strategic tradeoffs necessary to
meet the requirements of each such plan.’’.
(c) DEPARTMENT OF DEFENSE COOPERATION.—Such
section is further amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
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‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.—The
Secretary of Defense shall ensure the full cooperation of the
Department of Defense with the Comptroller General for
purposes of the preparation of the report required by this
section.’’.
SEC. 358. AUTHORITY FOR DEPARTMENT OF DEFENSE TO
PROVIDE SUPPORT FOR CERTAIN SPORTING
EVENTS.
(a) PROVISION OF SUPPORT.—Section 2564 of title 10,
United States Code, is amended—
(1) in subsection (c), by adding at the end the
following new paragraphs:
‘‘(4) A sporting event sanctioned by the United
States Olympic Committee through the Paralympic
Military Program.
‘‘(5) Any national or international paralympic
sporting event (other than a sporting event described
in paragraphs (1) through (4))—
‘‘(A) that—
‘‘(i) is held in the United States or
any of its territories or commonwealths;
‘‘(ii) is governed by the International
Paralympic Committee; and
‘‘(iii) is sanctioned by the United
States Olympic Committee;
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‘‘(B) for which participation exceeds 100
amateur athletes; and
‘‘(C) in which at least 10 percent of the ath-
letes participating in the sporting event are
members or former members of the armed forces
who are participating in the sporting event
based upon an injury or wound incurred in the
line of duty in the armed force and veterans who
are participating in the sporting event based
upon a service-connected disability.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) FUNDING FOR SUPPORT OF CERTAIN EVENTS.—
(1) Amounts for the provision of support for a sporting
event described in paragraph (4) or (5) of subsection (c)
may be derived from the Support for International Sport-
ing Competitions, Defense account established by section
5802 of the Omnibus Consolidated Appropriations Act,
1997 (10 U.S.C. 2564 note), notwithstanding any limita-
tion under that section relating to the availability of funds
in such account for the provision of support for inter-
national sporting competitions.
‘‘(2) The total amount expended for any fiscal year
to provide support for sporting events described in sub-
section (c)(5) may not exceed $1,000,000.’’.
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(b) SOURCE OF FUNDS.—Section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564
note) is amended—
(1) by inserting after ‘‘international sporting
competitions’’ the following: ‘‘and for support of
sporting 
competitions 
authorized 
under 
section
2564(c)(4) and (5), of title 10, United States Code,’’;
and
(2) by striking ‘‘45 days’’ and inserting ‘‘15
days’’.
SEC. 359. DEPARTMENT OF DEFENSE INSPECTOR GENERAL
REPORT ON PHYSICAL SECURITY OF DEPART-
MENT OF DEFENSE INSTALLATIONS.
(a) REPORT.—Not later than one year after the date
of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to Congress a report
on the physical security of Department of Defense installa-
tions and resources.
(b) ELEMENTS.—The report required by subsection (a)
shall include the following:
(1) An analysis of the progress in implementing
requirements under the Physical Security Program as
set forth in the Department of Defense Instruction
5200.08–R, Chapter 2 (C.2) and Chapter 3, Section
3: Installation Access (C3.3), which mandates the
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policies and minimum standards for the physical se-
curity of Department of Defense installations and re-
sources.
(2) Recommendations based on the findings of
the Comptroller General of the United States in the
report required by section 344 of the John Warner
National Defense Authorization Act for Fiscal Year
2007 (Public Law 109–366; 120 Stat. 2155).
(3) Recommendations based on the lessons
learned from the thwarted plot to attack Fort Dix,
New Jersey, in 2007.
SEC. 360. CONTINUITY OF DEPOT OPERATIONS TO RESET
COMBAT EQUIPMENT AND VEHICLES IN SUP-
PORT OF WARS IN IRAQ AND AFGHANISTAN.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States Armed Forces, particu-
larly the Army and the Marine Corps, are currently
engaged in a tremendous effort to reset equipment
that was damaged and worn in combat operations in
Iraq and Afghanistan.
(2) The implementing guidance from the Under
Secretary of Defense for Acquisition, Technology, and
Logistics related to the decisions of the 2005 Defense
Base Closure and Realignment Commission (BRAC)
to transfer depot functions appears not to differen-
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tiate between external supply functions and in-process
storage functions related to the performance of depot
maintenance.
(3) Given the fact that up to 80 percent of the
parts involved in the vehicle reset process are re-
claimed and refurbished, the transfer of this inher-
ently internal depot maintenance function to the De-
fense Logistics Agency could severely disrupt produc-
tion throughput, generate increased costs, and nega-
tively impact Army and Marine Corps equipment
reset efforts.
(4) The goal of the Department of Defense, the
Defense Logistics Agency, and the 2005 Defense Base
Closure and Realignment Commission is the re-
engineering of businesses processes in order to achieve
higher efficiency and cost savings.
(b) REPORT.—
(1) IN GENERAL.—Not later than June 1, 2008,
the Secretary of Defense shall submit to the congres-
sional defense committees a report on the challenges
of implementing the transfer of depot functions and
the impacts on production, including parts reclama-
tion and refurbishment.
(2) CONTENT.—The report required under para-
graph (1) shall describe—
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(A) the sufficiency of the business plan to
transfer depot functions to accommodate a time-
ly and efficient transfer without the disruption
of depot production;
(B) a description of the completeness of the
business plan in addressing part reclamation
and refurbishment;
(C) the estimated cost of the implementation
and what savings are likely be achieved;
(D) the impact of the transfer on the De-
fense Logistics Agency and depot hourly rates
due to the loss of budgetary control of the depot
commander over overtime pay for in-process
parts supply personnel, and any other relevant
rate-related factors;
(E) the number of personnel positions af-
fected;
(F) the sufficiency of the business plan to
ensure the responsiveness and availability of De-
fense Logistics supply personnel to meet depot
throughput needs, including potential impact on
depot turnaround time; and
(G) the impact of Defense Logistics per-
sonnel being outside the chain of command of the
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depot commander in terms of overtime sched-
uling and meeting surge requirements.
(3) GOVERNMENT ACCOUNTABILITY OFFICE AS-
SESSMENT.—Not later than September 30, 2008, the
Comptroller General of the United States shall review
the report submitted under paragraph (1) and submit
to the congressional defense committees an inde-
pendent assessment of the matters addressed in such
report, as requested by the Chairman of the Com-
mittee on Armed Services of the House of Representa-
tives.
SEC. 361. REPORT ON SEARCH AND RESCUE CAPABILITIES
OF AIR FORCE IN NORTHWESTERN UNITED
STATES.
(a) REPORT.—Not later than April 1, 2008, the Sec-
retary of the Air Force shall submit to the appropriate con-
gressional committees a report on the search and rescue ca-
pabilities of the Air Force in the northwestern United
States.
(b) CONTENT.—The report required under subsection
(a) shall include the following:
(1) An assessment of the search and rescue capa-
bilities required to support Air Force operations and
training.
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(2) A description of the compliance of the Air
Force with the 1999 United States National Search
and Rescue Plan (NSRP) for Washington, Oregon,
Idaho, and Montana.
(3) An inventory and description of search and
rescue assets of the Air Force that are available to
meet such requirements.
(4) A description of the utilization during the
previous three years of such search and rescue assets.
(5) The plans of the Air Force to meet current
and future search and rescue requirements in the
northwestern United States, including with respect to
risk assessment services for Air Force missions and
compliance with the NSRP.
(c) USE OF REPORT FOR PURPOSES OF CERTIFI-
CATION
REGARDING
SEARCH
AND
RESCUE
CAPABILI-
TIES.—Section 1085 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law
108–375; 10 U.S.C. 113 note) is amended by striking ‘‘un-
less the Secretary first certifies’’ and inserting ‘‘unless the
Secretary, after reviewing the search and rescue capabilities
report prepared by the Secretary of the Air Force under
section 358 of the National Defense Authorization Act for
Fiscal Year 2008, first certifies’’.
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(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
(1) the Committee on Armed Services, the Com-
mittee on Homeland Security and Governmental Af-
fairs, the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Nat-
ural Resources, and the Committee on Appropriations
of the Senate; and
(2) the Committee on Armed Services, the Com-
mittee on Homeland Security, the Committee on En-
ergy and Commerce, the Committee on Natural Re-
sources, and the Committee on Appropriations of the
House of Representatives.
SEC. 362. REPORT ON HIGH-ALTITUDE AVIATION TRAINING
SITE, COLORADO.
(a) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a re-
port on the High-Altitude Aviation Training Site at Gyp-
sum, Colorado.
(b) CONTENT.—The report required under subsection
(a) shall include—
(1) a summary of costs for each of the previous
5 years associated with transporting aircraft to and
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from the High-Altitude Aviation Training Site for
training purposes; and
(2) an analysis of potential cost savings and
operational benefits, if any, of permanently sta-
tioning no less than 4 UH–60, 2 CH–47, and 2
LUH–72 aircraft at the High-Altitude Aviation
Training Site.
SEC. 363. SENSE OF CONGRESS ON FUTURE USE OF SYN-
THETIC FUELS IN MILITARY SYSTEMS.
It is the sense of Congress to encourage the Department
of Defense to continue and accelerate, as appropriate, the
testing and certification of synthetic fuels for use in all
military air, ground, and sea systems.
SEC. 364. REPORTS ON SAFETY MEASURES AND ENCROACH-
MENT ISSUES AT WARREN GROVE GUNNERY
RANGE, NEW JERSEY.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States Air Force has 32 training
sites in the United States for aerial bombing and
gunner training, of which Warren Grove Gunnery
Range functions in the densely populated Northeast.
(2) A number of dangerous safety incidents
caused by the Air National Guard have repeatedly
impacted the residents of New Jersey, including the
following:
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(A) On May 15, 2007, a fire ignited during
an Air National Guard practice mission at War-
ren Grove Gunnery Range, scorching 17,250
acres of New Jersey’s Pinelands, destroying 5
houses, significantly damaging 13 others, and
temporarily displacing approximately 6,000 peo-
ple from their homes in sections of Ocean and
Burlington Counties.
(B) In November 2004, an F–16 Vulcan
cannon piloted by the District of Columbia Air
National Guard was more than 3 miles off target
when it blasted 1.5-inch steel training rounds
into the roof of the Little Egg Harbor Township
Intermediate School.
(C) In 2002, a pilot ejected from an F–16
aircraft just before it crashed into the woods near
the Garden State Parkway, sending large pieces
of debris onto the busy highway.
(D) In 1999, a dummy bomb was dumped
a mile off target from the Warren Grove target
range in the Pine Barrens, igniting a fire that
burned 12,000 acres of the Pinelands forest.
(E) In 1997, the pilots of F–16 aircraft up-
lifting from the Warren Grove Gunnery Range
escaped injury by ejecting from their aircraft
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just before the planes collided over the ocean near
the north end of Brigantine. Pilot error was
found to be the cause of the collision.
(F) In 1986, a New Jersey Air National
Guard jet fighter crashed in a remote section of
the Pine Barrens in Burlington County, starting
a fire that scorched at least 90 acres of wood-
land.
(b) ANNUAL REPORT ON SAFETY MEASURES.—Not
later than 90 days after the date of the enactment of this
Act, and annually thereafter for two years, the Secretary
of the Air Force shall submit to the congressional defense
committees a report on efforts made to provide the highest
level of safety by all of the military departments utilizing
the Warren Grove Gunnery Range.
(c) STUDY ON ENCROACHMENT AT WARREN GROVE
GUNNERY RANGE.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the congressional defense
committees a study on encroachment issues at Warren
Grove Gunnery Range.
(2) CONTENT.—The study required under para-
graph (1) shall include a master plan for the Warren
Grove Gunnery Range and the surrounding commu-
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nity, taking into consideration military mission, land
use plans, urban encroachment, the economy of the re-
gion, and protection of the environment and public
health, safety, and welfare.
(3) REQUIRED
INPUT.—The study required
under paragraph (1) shall include input from all af-
fected parties and relevant stakeholders at the Fed-
eral, State, and local level.
SEC. 365. MODIFICATION TO PUBLIC-PRIVATE COMPETI-
TION REQUIREMENTS BEFORE CONVERSION
TO CONTRACTOR PERFORMANCE.
(a) COMPARISON OF RETIREMENT SYSTEM COSTS.—
Section 2461(a)(1) of title 10, United States Code, is
amended—
(1) in subparagraph (F), by striking ‘‘and’’ at
the end;
(2) by redesignating subparagraph (G) as sub-
paragraph (H); and
(3) by inserting after subparagraph (F) the fol-
lowing new subparagraph (G):
‘‘(G) requires that the contractor shall not receive
an advantage for a proposal that would reduce costs
for the Department of Defense by—
‘‘(i) not making an employer-sponsored
health insurance plan (or payment that could be
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used in lieu of such a plan), health savings ac-
count, or medical savings account, available to
the workers who are to be employed to perform
the function under the contract;
‘‘(ii) offering to such workers an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium
or subscription share than the amount that is
paid by the Department of Defense for health
benefits for civilian employees of the Department
under chapter 89 of title 5; or
‘‘(iii) offering to such workers a retirement
benefit that, in any year, costs less than the an-
nual retirement cost factor applicable to civilian
employees of the Department of Defense under
chapter 84 of title 5; and’’.
(b) CONFORMING AMENDMENTS.—Such title is further
amended—
(1) by striking section 2467; and
(2) in section 2461—
(A) by redesignating subsections (b) through
(d) as subsections (c) through (e); and
(B) by inserting after subsection (a) the fol-
lowing new subsection (b):
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‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.—
(1) Each officer or employee of the Department of Defense
responsible for determining under Office of Management
and Budget Circular A–76 whether to convert to contractor
performance any function of the Department of Defense—
‘‘(A) shall, at least monthly during the develop-
ment and preparation of the performance work state-
ment and the management efficiency study used in
making that determination, consult with civilian em-
ployees who will be affected by that determination
and consider the views of such employees on the devel-
opment and preparation of that statement and that
study; and
‘‘(B) may consult with such employees on other
matters relating to that determination.
‘‘(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation require-
ment in paragraph (1).
‘‘(B) In the case of employees other than employees re-
ferred to in subparagraph (A), consultation with appro-
priate representatives of those employees shall satisfy the
consultation requirement in paragraph (1).
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‘‘(C) The Secretary of Defense shall prescribe regula-
tions to carry out this subsection. The regulations shall in-
clude provisions for the selection or designation of appro-
priate representatives of employees referred to in subpara-
graph (B) for purposes of consultation required by para-
graph (1).’’.
(c) TECHNICAL AMENDMENTS.—Section 2461 of such
title, as amended by subsection (a), is further amended—
(1) in subsection (a)(1)—
(A) in subparagraph (B), by inserting after
‘‘2003’’ the following: ‘‘, or any successor cir-
cular’’; and
(B) in subparagraph (D), by striking ‘‘and
reliability’’ and inserting ‘‘, reliability, and
timeliness’’; and
(2) in subsection (c)(2), as redesignated under
subsection (b)(2), by inserting ‘‘of’’ after ‘‘examina-
tion’’.
SEC. 366. BID PROTESTS BY FEDERAL EMPLOYEES IN AC-
TIONS 
UNDER 
OFFICE 
OF 
MANAGEMENT
BUDGET CIRCULAR A–76.
(a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM-
PETITIONS.—Section 3551(2) of title 31, United States
Code, is amended to read as follows:
‘‘(2) The term ‘interested party’—
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‘‘(A) with respect to a contract or a solicita-
tion or other request for offers described in para-
graph (1), means an actual or prospective bidder
or offeror whose direct economic interest would
be affected by the award of the contract or by
failure to award the contract; and
‘‘(B) with respect to a public-private com-
petition conducted under Office of Management
and Budget Circular A–76 with respect to the
performance of an activity or function of a Fed-
eral agency, or a decision to convert a function
performed by Federal employees to private sector
performance without a competition under Office
of Management and Budget Circular A–76,
includes—
‘‘(i) any official who submitted the
agency tender in such competition; and
‘‘(ii) any one individual who, for the
purpose of representing the Federal employ-
ees engaged in the performance of the activ-
ity or function for which the public-private
competition is conducted in a protest under
this subchapter that relates to such public-
private competition, has been designated as
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the agent of the Federal employees by a ma-
jority of such employees.’’.
(b) EXPEDITED ACTION.—
(1) IN GENERAL.—Subchapter V of chapter 35 of
such title is amended by adding at the end the fol-
lowing new section:
‘‘SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-
PRIVATE COMPETITIONS.
‘‘For any protest of a public-private competition con-
ducted under Office of Management and Budget Circular
A–76 with respect to the performance of an activity or func-
tion of a Federal agency, the Comptroller General shall ad-
minister the provisions of this subchapter in the manner
best suited for expediting the final resolution of the protest
and the final action in the public-private competition.’’.
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis at the beginning of such chapter is amended by
inserting after the item relating to section 3556 the
following new item:
‘‘3557. Expedited action in protests of public-private competitions.’’.
(c) RIGHT TO INTERVENE IN CIVIL ACTION.—Section
1491(b) of title 28, United States Code, is amended by add-
ing at the end the following new paragraph:
‘‘(5) If an interested party who is a member of
the private sector commences an action described in
paragraph (1) with respect to a public-private com-
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petition conducted under Office of Management and
Budget Circular A–76 regarding the performance of
an activity or function of a Federal agency, or a deci-
sion to convert a function performed by Federal em-
ployees to private sector performance without a com-
petition under Office of Management and Budget Cir-
cular A–76, then an interested party described in sec-
tion 3551(2)(B) of title 31 shall be entitled to inter-
vene in that action.’’.
(d) APPLICABILITY.—Subparagraph (B) of section
3551(2) of title 31, United States Code (as added by sub-
section (a)), and paragraph (5) of section 1491(b) of title
28, United States Code (as added by subsection (c)), shall
apply to—
(1) a protest or civil action that challenges final
selection of the source of performance of an activity
or function of a Federal agency that is made pursu-
ant to a study initiated under Office of Management
and Budget Circular A–76 on or after January 1,
2004; and
(2) any other protest or civil action that relates
to a public-private competition initiated under Office
of Management and Budget Circular A–76, or to a
decision to convert a function performed by Federal
employees to private sector performance without a
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competition under Office of Management and Budget
Circular A–76, on or after the date of the enactment
of this Act.
SEC. 367. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION TO CONTRACTOR PER-
FORMANCE.
(a) IN GENERAL.—The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION TO CONTRACTOR PER-
FORMANCE.
‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function
of an executive agency performed by 10 or more agency ci-
vilian employees may not be converted, in whole or in part,
to performance by a contractor unless the conversion is
based on the results of a public-private competition that—
‘‘(A) formally compares the cost of performance
of the function by agency civilian employees with the
cost of performance by a contractor;
‘‘(B) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A–76, as imple-
mented on May 29, 2003, or any successor circular;
‘‘(C) includes the issuance of a solicitation;