769 
(6) Budget and resource estimates, including 
government and contractor personnel requirements, 
for planned joint modeling and simulation activities. 
(7) A description of the relationship and coordi-
nation between and among joint modeling and sim-
ulation activities and the modeling and simulation 
activities of elements of the Department of Defense, 
Federal agencies, State and local governments, aca-
demia, private industry, United States and inter-
national standards organizations, and international 
partners. 
(8) Any other matters the Secretary considers 
appropriate. 
(c) CONSULTATION.—The report under (a) shall be 
developed in consultation with appropriate military de-
partments, Defense Agencies, combatant commands, and 
other defense activities. 
SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR 
PROMPT GLOBAL STRIKE CAPABILITY. 
Section 1032(b)(1) of the National Defense Author-
ization Act for Fiscal Year 2004 (Public Law 108–136; 
117 Stat. 1605; 10 U.S.C. 113 note) is amended by insert-
ing ‘‘and each of 2007, 2008, and 2009,’’ after ‘‘2004, 
2005, and 2006,’’.
770 
SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUP-
PORT THE NUCLEAR MISSIONS OF THE NAVY 
AND THE DEPARTMENT OF ENERGY. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Energy shall each submit to Congress 
a report on the requirements for a workforce to support 
the nuclear missions of the Navy and the Department of 
Energy during the 10-year period beginning on the date 
of the report. 
(b) ELEMENTS.—Each report shall include— 
(1) a description of the projected nuclear mis-
sions of the Navy and the Department of Energy 
during the 10-year period beginning on the date of 
the report; 
(2) an assessment of existing knowledge reten-
tion programs within the Department of Defense, 
the Department of Energy, the national laboratories, 
and federally funded research facilities that support 
the nuclear missions of the Navy and the Depart-
ment of Energy, and any planned changes in those 
programs; and 
(3) a plan to address anticipated workforce at-
trition, retirement, and recruiting trends during that 
period and ensure an adequate workforce in support
771 
of the nuclear missions of the Navy and the Depart-
ment of Energy. 
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE 
FINANCE AND ACCOUNTING SERVICE RE-
SPONSE TO BUTTERBAUGH V. DEPARTMENT 
OF JUSTICE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the congressional de-
fense committees a report setting forth an assessment by 
the Comptroller General of the response of the Defense 
Finance and Accounting Service to the decision in 
Butterbaugh v. Department of Justice (336 F.3d 1332 
(2003)). 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) An estimate of the number of members of 
the reserve components of the Armed Forces, both 
past and present, who are entitled to compensation 
under the decision in Butterbaugh v. Department of 
Justice. 
(2) An assessment of the current policies, pro-
cedures, and timeliness of the Defense Finance and 
Accounting Service in implementing and resolving
772 
claims under the decision in Butterbaugh v. Depart-
ment of Justice. 
(3) An assessment whether or not the decisions 
made by the Defense Finance and Accounting Serv-
ice in implementing the decision in Butterbaugh v. 
Department of Justice follow a consistent pattern of 
resolution. 
(4) An assessment of whether or not the deci-
sions made by the Defense Finance and Accounting 
Service in implementing the decision in Butterbaugh 
v. Department of Justice are resolving claims by 
providing more compensation than an individual has 
been able to prove, under the rule of construction 
that laws providing benefits to veterans are liberally 
construed in favor of the veteran. 
(5) An estimate of the total amount of com-
pensation payable to members of the reserve compo-
nents of the Armed Forces, both past and present, 
as a result of the recent decision in Hernandez v. 
Department of the Air Force (No. 2006–3375, slip 
op.) that leave can be reimbursed for Reserve service 
before 1994, when Congress enacted chapter 43 of 
title 38, United States Code (commonly referred to 
as the ‘‘Uniformed Services Employment and Reem-
ployment Rights Act’’).
773 
(6) A comparative assessment of the handling 
of claims by the Defense Finance and Accounting 
Service under the decision in Butterbaugh v. De-
partment of Justice with the handling of claims by 
other Federal agencies (selected by the Comptroller 
General for purposes of the comparative assessment) 
under that decision. 
(7) A statement of the number of claims by 
members of the reserve components of the Armed 
Forces under the decision in Butterbaugh v. Depart-
ment of Justice that have been adjudicated by the 
Defense Finance and Accounting Service. 
(8) A statement of the number of claims by 
members of the reserve components of the Armed 
Forces under the decision in Butterbaugh v. Depart-
ment of Justice that have been denied by the De-
fense Finance and Accounting Service. 
(9) A comparative assessment of the average 
amount of time required for the Defense Finance 
and Accounting Service to resolve a claim under the 
decision in Butterbaugh v. Department of Justice 
with the average amount of time required by other 
Federal agencies (as so selected) to resolve a claim 
under that decision.
774 
(10) A comparative statement of the backlog of 
claims with the Defense Finance and Accounting 
Service under the decision in Butterbaugh v. De-
partment of Justice with the backlog of claims of 
other Federal agencies (as so selected) under that 
decision. 
(11) An estimate of the amount of time re-
quired for the Defense Finance and Accounting 
Service to resolve all outstanding claims under the 
decision in Butterbaugh v. Department of Justice. 
(12) An assessment of the reasonableness of the 
requirement of the Defense Finance and Accounting 
Service for the submittal by members of the reserve 
components of the Armed Forces of supporting doc-
umentation for claims under the decision in 
Butterbaugh v. Department of Justice. 
(13) A comparative assessment of the require-
ment of the Defense Finance and Accounting Serv-
ice for the submittal by members of the reserve com-
ponents of the Armed Forces of supporting docu-
mentation 
for 
claims 
under 
the 
decision 
in 
Butterbaugh v. Department of Justice with the re-
quirement of other Federal agencies (as so selected) 
for the submittal by such members of supporting 
documentation for such claims.
775 
(14) Such recommendations for legislative ac-
tion as the Comptroller General considers appro-
priate in light of the decision in Butterbaugh v. De-
partment of Justice and the decision in Hernandez 
v. Department of the Air Force. 
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a requirements-based study on alternatives 
for the proper size and mix of fixed-wing intratheater and 
intertheater airlift assets to meet the National Military 
Strategy for each of the following timeframes: fiscal year 
2012, 2018, and 2024. The study shall— 
(1) focus on organic and commercially pro-
grammed airlift capabilities; 
(2) analyze the full-spectrum lifecycle costs of 
the various alternatives for organic models of each 
of the following aircraft: C–5A/B/C/M, C–17A, KC– 
X, KC–10, KC–135R, C–130E/H/J, Joint Cargo 
Aircraft; and 
(3) incorporate the augmentation capability, vi-
ability, and feasibility of the Civil Reserve Air Fleet 
during activation stages I, II, and III. 
(b) USE OF FFRDC.—The Secretary shall select, to 
carry out the study required by subsection (a), a federally
776 
funded research and development center that has experi-
ence and expertise in conducting similar studies. 
(c) STUDY PLAN.—The study required by subsection 
(a) shall be carried out under a study plan. The study 
plan shall be developed as follows: 
(1) The center selected under subsection (b) 
shall develop the study plan and shall, not later than 
60 days after the date of enactment of this Act, sub-
mit the study plan to the congressional defense com-
mittees, the Secretary, and the Comptroller General 
of the United States. 
(2) The Comptroller General shall review the 
study plan to determine whether it is complete and 
objective, and whether it has any flaws or weak-
nesses in scope or methodology, and shall, not later 
than 30 days after receiving the study plan, submit 
to the Secretary and the center a report that con-
tains the results of that review and provides any rec-
ommendations that the Comptroller General con-
siders appropriate for improvements to the study 
plan. 
(3) The center shall modify the study plan to 
incorporate the recommendations under paragraph 
(2) and shall, not later than 45 days after receiving 
that report, submit to the Secretary and the con-
777 
gressional defense committees a report on those 
modifications. The report shall describe each modi-
fication and, if the modifications do not incorporate 
one or more of the recommendations, shall explain 
the reasons for not doing so. 
(d) ELEMENTS OF STUDY PLAN.—The study plan re-
quired by subsection (c) shall address, at minimum, the 
following: 
(1) A description of lift requirements and oper-
ating profiles for airlift aircraft required to meet the 
National Military Strategy, including assumptions 
regarding the following: 
(A) Current and future military combat 
and support missions. 
(B) The planned force structure growth of 
the military services. 
(C) Potential changes in lift requirements, 
including the deployment of the Future Combat 
Systems by the Army. 
(D) New capability in airlift to be provided 
by the KC(X) aircraft and the expected utiliza-
tion of such capability, including its use in 
intratheater lift.
778 
(E) The utilization of intertheater lift air-
craft in intratheater combat mission support 
roles. 
(F) The availability and application of 
Civil Reserve Air Fleet assets in future military 
scenarios. 
(G) Air mobility requirements associated 
with the Global Rebasing Initiative of the De-
partment of Defense. 
(H) Air mobility requirements in support 
of worldwide peacekeeping and humanitarian 
missions. 
(I) Air mobility requirements in support of 
homeland defense and national emergencies. 
(J) The viability and capability of the Civil 
Reserve Air Fleet to augment organic forces in 
both friendly and hostile environments. 
(K) An assessment of the Civil Reserve Air 
Fleet to adequately augment the organic fleet 
as it relates to commercial inventory manage-
ment restructuring in response to future com-
mercial markets, streamlining of operations, ef-
ficiency measures, or downsizing of the partici-
pant.
779 
(2) An evaluation of the state of the current 
airlift fleet of the Air Force, including assessments 
of the following: 
(A) The extent to which the increased use 
of airlift aircraft in on-going operations is af-
fecting the programmed service life of the air-
craft of that fleet. 
(B) The adequacy of the current airlift 
force, including whether or not a minimum of 
299 strategic airlift aircraft for the Air Force 
is sufficient to support future expeditionary 
combat and non-combat missions, as well as do-
mestic and training mission demands consistent 
with the requirements of meeting the National 
Military Strategy. 
(C) The optimal mix of C–5 and C–17 air-
craft for the strategic airlift fleet of the Air 
Force, to include the following: 
(i) The cost-effectiveness of modern-
izing various iterations of the C–5A and 
C–5B/C aircraft fleet versus procuring ad-
ditional C–17 aircraft. 
(ii) The military capability, oper-
ational availability, usefulness, and service 
life of the C–5A/B/C/M aircraft and the C–
780 
17 aircraft. Such an assessment shall ex-
amine appropriate metrics, such as aircraft 
availability rates, departure rates, and mis-
sion capable rates, in each of the following 
cases: 
(I) Completion of the Avionics 
Modernization Program and the Reli-
ability Enhancement and Re-engining 
Program. 
(II) Partial completion of the 
Avionics Modernization Program and 
the Reliability Enhancement and Re- 
engining Program, with partial com-
pletion of either such program being 
considered the point at which the con-
tinued execution of each program is 
no longer supported by the cost-effec-
tiveness analysis. 
(iii) At what specific fleet inventory 
for each organic aircraft, to include air re-
fueling aircraft used in the airlift role, 
would it impede the ability of Civil Reserve 
Air Fleet participants to remain a viable 
augmentation option.
781 
(D) An analysis and assessment of the les-
sons that may be learned from the experience of 
the Air Force in restarting the production line 
for the C–5 aircraft after having closed the line 
for several years, and recommendations for the 
actions that the Department of Defense should 
take to ensure that the production line for the 
C–17 aircraft could be restarted if necessary, 
including— 
(i) an analysis of the methods that 
were used and costs that were incurred in 
closing and re-opening the production line 
for the C–5 aircraft; 
(ii) an assessment of the methods and 
actions that should be employed and the 
expected costs and risks of closing and re- 
opening the production line for the C–17 
aircraft in view of that experience. 
Such analysis and assessment should deal with 
issues such as production work force, produc-
tion facilities, tooling, industrial base suppliers, 
contractor logistics support versus organic 
maintenance, and diminished manufacturing 
sources.
782 
(E) Assessing the military capability, oper-
ational availability, usefulness, service life and 
optimal mix of intra-theater airlift aircraft, to 
include— 
(i) the cost-effectiveness of procuring 
the Joint Cargo Aircraft versus procuring 
additional C–130J or refurbishing C– 
130E/H platforms to meet intra-theater 
airlift requirements of the combatant com-
mander and component commands; and 
(ii) the cost-effectiveness of procuring 
additional C–17 aircraft versus procuring 
additional C–130J platforms or refur-
bishing C–130E/H platforms to meet 
intra-theater airlift requirements of the 
combatant commander and component 
commands. 
(3) Each analysis required by paragraph (2) 
shall include— 
(A) a description of the assumptions and 
sensitivity analysis utilized in the study regard-
ing aircraft performances and cargo loading 
factors; and 
(B) a comprehensive statement of the data 
and assumptions utilized in making the pro-
783 
gram life cycle cost estimates and a comparison 
of cost and risk associated with the optimally 
mixed fleet of airlift aircraft versus the program 
of record airlift aircraft fleet. 
(e) UTILIZATION OF OTHER STUDIES.—The study 
required by subsection (a) shall build upon the results of 
the 2005 Mobility Capabilities Studies, the on-going Intra- 
theater Airlift Fleet Mix Analysis, the Intra-theater Lift 
Capabilities Study, the Joint Future Theater Airlift Capa-
bilities Analysis, and other appropriate studies and anal-
yses, such as Fleet Viability Board Reports or special air-
craft assessments. The study shall also include any testing 
data collected on modernization, recapitalization, and up-
grade efforts of current organic aircraft. 
(f) COLLABORATION WITH UNITED STATES TRANS-
PORTATION COMMAND.—In conducting the study required 
by subsection (a) and preparing the report required by 
subsection (c)(3), the center shall collaborate with the 
commander of the United States Transportation Com-
mand. 
(g) COLLABORATION WITH COST ANALYSIS IM-
PROVEMENT GROUP.—In conducting the study required 
by subsection (a) and constructing the analysis required 
by subsection (a)(2), the center shall collaborate with the
784 
Cost Analysis Improvement Group of the Department of 
Defense. 
(h) REPORT.—Not later than January 10, 2009, the 
center selected under subsection (b) shall submit to the 
Secretary and the congressional defense committees a re-
port on the study required by subsection (a). The report 
shall be submitted in unclassified form, but shall include 
a classified annex. 
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A 
DOMESTIC MILITARY AVIATION NATIONAL 
TRAINING CENTER. 
(a) IN GENERAL.—Not later than June 1, 2008, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report to determine the feasibility of 
establishing a Border State Aviation Training Center 
(BSATC) to support the current and future requirements 
of the existing RC–26 training site for counterdrug activi-
ties, located at the Fixed Wing Army National Guard 
Aviation Training Site (FWAATS), including the domestic 
reconnaissance and surveillance missions of the National 
Guard in support of local, State, and Federal law enforce-
ment agencies, provided that the activities to be conducted 
at the BSATC shall not duplicate or displace any activity 
or program at the RC–26 training site or the FWAATS.
785 
(b) CONTENT.—The report required under subsection 
(a) shall— 
(1) examine the current and past requirements 
of RC–26 aircraft in support of local, State, and 
Federal law enforcement and determine the number 
of additional aircraft required to provide such sup-
port for each State that borders Canada, Mexico, or 
the Gulf of Mexico; 
(2) determine the number of military and civil-
ian personnel required to run a RC–26 domestic 
training center meeting the requirements identified 
under paragraph (1); 
(3) determine the requirements and cost of lo-
cating such a training center at a military installa-
tion for the purpose of preempting and responding 
to security threats and responding to crises; and 
(4) include a comprehensive review of the num-
ber and type of intelligence, reconnaissance, and sur-
veillance platforms needed for the National Guard to 
effectively provide domestic operations and civil sup-
port (including homeland defense and counterdrug) 
to local, State, and Federal law enforcement and 
first responder entities and how those platforms 
would provide additional capabilities not currently
786 
available from the assets of other local, State, and 
Federal agencies. 
(c) CONSULTATION.—In preparing the report re-
quired under subsection (a), the Secretary of Defense shall 
consult with the Adjutant General of each State that bor-
ders Canada, Mexico, or the Gulf of Mexico, the Adjutant 
General of the State of West Virginia, and the National 
Guard Bureau. 
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COM-
BAT HELMET PAD SUSPENSION SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a limited field user evaluation and operational 
assessment of qualified combat helmet pad suspension sys-
tems. The evaluation and assessment shall be carried out 
using verified product representative samples from combat 
helmet pad suspension systems that are qualified as of the 
date of the enactment of this Act. 
(b) REPORT.—Not later than September 30, 2008, 
the Secretary shall submit to the congressional defense 
committees a report on the results of the limited field user 
evaluation and operational assessment. 
(c) FUNDING.—The limited field user evaluation and 
operational assessment required by subsection (a) shall be 
conducted using funds appropriated pursuant to an au-
thorization of appropriations or otherwise made available
788 
ments of the Federal Government that have national secu-
rity missions coordinate and integrate their policies, capa-
bilities, expertise, and activities to accomplish such mis-
sions. 
(e) FUNDING.—Of the amount authorized to be ap-
propriated by section 301(5) for operation and mainte-
nance for Defense-wide activities, not more than 
$3,000,000 may be available to carry out this section. 
SEC. 1050. 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 re-
port 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 vehi-
789 
cles with solid rocket motors, through their planned 
operational lifetimes. 
(4) An assessment of the ability to support pro-
jected future requirements for vehicles with solid 
rocket motors to support space launch, missile de-
fense, or any range of ballistic missiles determined 
to be necessary to meet defense needs or other re-
quirements of the United States Government. 
(5) An assessment of the required materials, 
the supplier base, the production facilities, and the 
production workforce needed to ensure that current 
and future requirements could be met. 
(6) An assessment of the adequacy of the cur-
rent and projected industrial base support programs 
to support the full range of projected future require-
ments identified in paragraph (4). 
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL 
FOR MEMBERS OF THE ARMED FORCES WHO 
DIED IN THE AIR CRASH IN BAKERS CREEK, 
AUSTRALIA, AND ESTABLISHMENT OF OTHER 
MEMORIALS IN ARLINGTON NATIONAL CEME-
TERY. 
(a) BAKERS CREEK MEMORIAL.—Not later than 
April 1, 2008, the Secretary of the Army shall submit to 
the Committee on Armed Services and the Committee on
790 
Veterans’ Affairs of the House of Representatives and the 
Committee on Armed Services and the Committee on Vet-
erans’ Affairs of the Senate a report containing a discus-
sion of locations outside of Arlington National Cemetery 
that would serve as a suitable location for the establish-
ment of a memorial to honor the memory of the 40 mem-
bers of the Armed Forces of the United States who lost 
their lives in the air crash at Bakers Creek, Australia, on 
June 14, 1943. 
(b) MEMORIALS IN ARLINGTON NATIONAL CEME-
TERY.—Not later than April 1, 2008, the Secretary of the 
Army shall submit to the congressional committees speci-
fied in subsection (a) a report containing— 
(1) recommendations to implement the results 
of the study regarding proposals for the construction 
of new memorials in Arlington National Cemetery 
that was conducted pursuant to section 2897 of the 
Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2157); and 
(2) proposed legislation, if necessary, to imple-
ment the results of the study.
791 
Subtitle F—Other Matters 
SEC. 1061. 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 ex-
tent’’ and inserting ‘‘Subject to subsection (c), to the 
extent’’; and 
(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b)(1) Subject to subsection (c), the Secretary of 
Defense shall require a Federal agency to which law en-
forcement 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 De-
partment of Defense for the costs of that support, notwith-
standing any other provision of law. No other provision 
of this chapter shall apply to such support. 
‘‘(2) Any funds received by the Department of De-
fense under this subsection as reimbursement for support 
provided by personnel of the National Guard shall be cred-
ited, at the election of the Secretary of Defense, to the 
following: 
‘‘(A) The appropriation, fund, or account used 
to fund the support.
792 
‘‘(B) The appropriation, fund, or account cur-
rently available for reimbursement purposes. 
‘‘(c) An agency to which support is provided under 
this chapter or section 502(f) of title 32 is not required 
to reimburse the Department of Defense for such support 
if the Secretary of Defense waives reimbursement. The 
Secretary may waive the reimbursement requirement 
under this subsection if such support— 
‘‘(1) is provided in the normal course of mili-
tary training or operations; or 
‘‘(2) results in a benefit to the element of the 
Department of Defense or personnel of the National 
Guard providing the support that is substantially 
equivalent to that which would otherwise be obtained 
from military operations or training.’’. 
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRA-
TEGIC POSTURE OF THE UNITED STATES. 
(a) ESTABLISHMENT.—There is hereby established a 
commission to be known as the ‘‘Congressional Commis-
sion on the Strategic Posture of the United States’’. The 
purpose of the commission is to examine and make rec-
ommendations with respect to the long-term strategic pos-
ture of the United States. 
(b) COMPOSITION.—
793 
(1) MEMBERSHIP.—The commission shall be 
composed of 12 members appointed as follows: 
(A) Three by the chairman of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
(B) Three by the ranking minority member 
of the Committee on Armed Services of the 
House of Representatives. 
(C) Three by the chairman of the Com-
mittee on Armed Services of the Senate. 
(D) Three by the ranking minority member 
of the Committee on Armed Services of the 
Senate. 
(2) CHAIRMAN; VICE CHAIRMAN.— 
(A) CHAIRMAN.—The chairman of the 
Committee on Armed Services of the House of 
Representatives and the chairman of the Com-
mittee on Armed Services of the Senate shall 
jointly designate one member of the commission 
to serve as chairman of the commission. 
(B) VICE CHAIRMAN.—The ranking minor-
ity member of the Committee on Armed Serv-
ices of the House of Representatives and the 
ranking minority member of the Committee on 
Armed Services of the Senate shall jointly des-
794 
ignate one member of the commission to serve 
as vice chairman of the commission. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the com-
mission. Any vacancy in the commission shall be 
filled in the same manner as the original appoint-
ment. 
(c) DUTIES.— 
(1) REVIEW.—The commission shall conduct a 
review of the strategic posture of the United States, 
including a strategic threat assessment and a de-
tailed review of nuclear weapons policy, strategy, 
and force structure. 
(2) ASSESSMENT AND RECOMMENDATIONS.— 
(A) ASSESSMENT.—The commission shall 
assess the benefits and risks associated with the 
current strategic posture and nuclear weapons 
policies of the United States. 
(B) RECOMMENDATIONS.—The commis-
sion shall make recommendations as to the 
most appropriate strategic posture and most ef-
fective nuclear weapons strategy. 
(d) COOPERATION FROM GOVERNMENT.— 
(1) COOPERATION.—In carrying out its duties, 
the commission shall receive the full and timely co-
795 
operation of the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, the Director of 
National Intelligence, and any other United States 
Government official in providing the commission 
with analyses, briefings, and other information nec-
essary for the fulfillment of its responsibilities. 
(2) LIAISON.—The Secretary of Defense, the 
Secretary of Energy, the Secretary of State, and the 
Director of National Intelligence shall each des-
ignate at least one officer or employee of the De-
partment of Defense, the Department of Energy, the 
Department of State, and the intelligence commu-
nity, respectively, to serve as a liaison officer be-
tween the department (or the intelligence commu-
nity, as the case may be) and the commission. 
(e) REPORT.—Not later than December 1, 2008, the 
commission shall submit to the President, the Secretary 
of Defense, the Secretary of Energy, the Secretary of 
State, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of 
Representatives a report on the commission’s findings, 
conclusions, and recommendations. The report shall iden-
tify the strategic posture and nuclear weapons strategy 
recommended under subsection (c)(2)(B) and shall in-
clude—
796 
(1) the military capabilities and force structure 
necessary to support the strategy, including both nu-
clear and non-nuclear capabilities that might sup-
port the strategy; 
(2) the number of nuclear weapons required to 
support the strategy, including the number of re-
placement warheads required, if any; 
(3) the appropriate qualitative analysis, includ-
ing force-on-force exchange modeling, to calculate 
the effectiveness of the strategy under various sce-
narios; 
(4) the nuclear infrastructure (that is, the size 
of the nuclear complex) required to support the 
strategy; 
(5) an assessment of the role of missile defenses 
in the strategy; 
(6) an assessment of the role of nonprolifera-
tion programs in the strategy; 
(7) the political and military implications of the 
strategy for the United States and its allies; and 
(8) any other information or recommendations 
relating to the strategy (or to the strategic posture) 
that the commission considers appropriate. 
(f) FUNDING.—Of the amounts appropriated or oth-
erwise made available pursuant to this Act to the Depart-
797 
ment of Defense, $5,000,000 is available to fund the ac-
tivities of the commission. 
(g) TERMINATION.—The commission shall terminate 
on June 1, 2009. 
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Chapter 3 is amended— 
(A) by redesignating the section 127c 
added by section 1201(a) of the John Warner 
National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 
2410) as section 127d and transferring that 
section so as to appear immediately after the 
section 127c added by section 1231(a) of the 
National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 
3467); and 
(B) by revising the table of sections at the 
beginning of such chapter to reflect the redesig-
nation and transfer made by paragraph (1). 
(2) Section 629(d)(1) is amended by inserting 
a comma after ‘‘(a)’’. 
(3) Section 662(b) is amended by striking 
‘‘paragraphs (1), (2), and (3) of subsection (a)’’ and
798 
inserting ‘‘paragraphs (1) and (2) of subsection 
(a)’’. 
(4) Subsections (c) and (d) of section 948r are 
each amended by striking ‘‘Defense Treatment Act 
of 2005’’ each place it appears and inserting ‘‘De-
tainee Treatment Act of 2005’’. 
(5) The table of sections at the beginning of 
subchapter VI of chapter 47A is amended by strik-
ing the item relating to section 950j and inserting 
the following: 
‘‘950j. Finality of proceedings, findings, and sentences.’’. 
(6) Section 950f(b) is amended by striking ‘‘No 
person may be serve’’ and inserting ‘‘No person may 
serve’’. 
(7) The heading for section 950j is amended by 
striking ‘‘Finality or’’ and inserting ‘‘Finality 
of’’. 
(8) Section 1034(b)(2) is amended by inserting 
‘‘unfavorable’’ before ‘‘action’’ the second place it 
appears. 
(9) Section 1588(d)(1)(B) is amended by strik-
ing ‘‘the Act of March 9, 1920, commonly known as 
the ‘Suits in Admiralty Act’ (41 Stat. 525; 46 
U.S.C. App. 741 et seq.) and the Act of March 3, 
1925, commonly known as the ‘Public Vessels Act’
799 
(43 Stat. 1112; 46 U.S.C. App. 781 et seq.)’’ and 
inserting ‘‘chapters 309 and 311 of title 46’’. 
(10) The table of sections at the beginning of 
chapter 137 is amended by striking the item relating 
to section 2333 and inserting the following new 
item: 
‘‘2333. Joint policies on requirements definition, contingency program manage-
ment, and contingency contracting.’’. 
(11) The table of sections at the beginning of 
chapter 141 is amended by inserting a period at the 
end of the item relating to section 2410p. 
(12) The table of sections at the beginning of 
chapter 152 is amended by inserting a period at the 
end of the item relating to section 2567. 
(13) Section 2583(e) is amended by striking 
‘‘DOGS’’ and inserting ‘‘ANIMALS’’. 
(14) Section 2668(e) is amended by striking 
‘‘and (d)’’ and inserting ‘‘and (e)’’. 
(15) Section 12304(a) is amended by striking 
the second period at the end. 
(16) Section 14310(d)(1) is amended by insert-
ing a comma after ‘‘(a)’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 
302c(d)(1) of title 37, United States Code, is amended 
by striking ‘‘Services Corps’’ and inserting ‘‘Service 
Corps’’.
800 
(c) JOHN WARNER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2007.—Effective as of 
October 17, 2006, and as if included therein as enacted, 
the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364) is amended as 
follows: 
(1) Section 333(a) (120 Stat. 2151) is amend-
ed— 
(A) by striking ‘‘Section 332(c)’’ and in-
serting ‘‘Section 332’’; and 
(B) in paragraph (1), by inserting ‘‘in sub-
section (c),’’ after ‘‘(1)’’. 
(2) Section 348(2) (120 Stat. 2159) is amended 
by striking ‘‘60 days of’’ and inserting ‘‘60 days 
after’’. 
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is 
amended by inserting a comma after ‘‘title’’. 
(4) Section 591(b)(1) (120 Stat. 2233) is 
amended by inserting a period after ‘‘this title’’. 
(5) Section 606(b)(1)(A) (120 Stat. 2246) is 
amended by striking ‘‘in’’ and inserting ‘‘In’’. 
(6) Section 670(b) (120 Stat. 2269) is amended 
by striking ‘‘such title’’ and inserting ‘‘such chap-
ter’’. 
(7) Section 673 (120 Stat. 2271) is amended—
801 
(A) in subsection (a)(1), by inserting ‘‘the 
second place it appears’’ before ‘‘and inserting’’; 
(B) in subsection (b)(1)— 
(i) by striking ‘‘Section’’ and inserting 
‘‘Subsection (a) of section’’; and 
(ii) by inserting ‘‘the second place it 
appears’’ before ‘‘and inserting’’; and 
(C) in subsection (c)(1), by inserting ‘‘the 
second place it appears’’ before ‘‘and inserting’’. 
(8) Section 842(a)(2) (120 Stat. 2337) is 
amended by striking ‘‘adding at the end’’ and insert-
ing ‘‘inserting after the item relating to section 
2533a’’. 
(9) Section 1017(b)(2) (120 Stat. 2379; 10 
U.S.C. 2631 note) is amended by striking ‘‘section 
27’’ and all that follows through the period at the 
end and inserting ‘‘sections 12112 and 50501 and 
chapter 551 of title 46, United States Code.’’. 
(10) Section 1071(f) (120 Stat. 2402) is 
amended by striking ‘‘identical’’ both places it ap-
pears. 
(11) Section 1231(d) (120 Stat. 2430; 22 
U.S.C. 2776a(d)) is amended by striking ‘‘note’’.
802 
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) 
is amended by striking ‘‘2906 of such Act’’ and in-
serting ‘‘2906A of such Act’’. 
(13) Section 2831 (120 Stat. 2480) is amend-
ed— 
(A) by striking ‘‘Section 2667(d)’’ and in-
serting ‘‘Section 2667(e)’’; and 
(B) by inserting ‘‘as redesignated by sec-
tion 662(b)(1) of this Act,’’ after ‘‘Code,’’. 
(d) PUBLIC LAW 109–366.—Effective as of October 
17, 2006, and as if included therein as enacted, Public 
Law 109–366 is amended as follows: 
(1) Section 8(a)(3) (120 Stat. 2636) is amend-
ed by inserting a semicolon after ‘‘subsection’’. 
(2) Section 9(1) (120 Stat. 2636) is amended 
by striking ‘‘No. 1.’’ and inserting ‘‘No. 1,’’. 
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2006.—Effective as of January 6, 2006, 
and as if included therein as enacted, the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163) is amended as follows: 
(1) Section 571 (119 Stat. 3270) is amended 
by striking ‘‘931 et seq.)’’ and inserting ‘‘921 et 
seq.)’’.
803 
(2) Section 1052(j) (119 Stat. 3435) is amend-
ed by striking ‘‘Section 1049’’ and inserting ‘‘Sec-
tion 1409’’. 
(f) MILITARY COMMISSIONS ACT OF 2006.—Section 
7 of the Military Commissions Act of 2006 (Public Law 
109–366) is amended by striking ‘‘added by added by’’ 
and inserting ‘‘added by’’. 
(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2004.—The National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136) is 
amended as follows: 
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 
1076b note) is amended by striking ‘‘those pro-
gram’’ and inserting ‘‘those programs’’. 
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 
433 note) is amended by striking ‘‘(A))’’ and insert-
ing ‘‘(A)))’’. 
(3) Section 1602(e)(3) (117 Stat. 1683; 10 
U.S.C. 2302 note) is amended by inserting ‘‘Secu-
rity’’ after ‘‘Health’’. 
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1994.—Section 845(a) of the National De-
fense Authorization Act for Fiscal Year 1994 (10 U.S.C. 
2371 note) is amended—
804 
(1) in paragraph (2)(A), by inserting ‘‘Re-
search’’ after ‘‘Defense Advanced’’; and 
(2) in paragraph (3), by inserting ‘‘Research’’ 
after ‘‘Defense Advanced’’. 
(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1993.—Section 722(a)(1) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102–484; 10 U.S.C. 1073 note) is amended by strik-
ing ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT. 
Section 1063 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3445) is repealed. 
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE- 
BASED NUCLEAR DETECTION. 
The Secretary of Defense shall maintain the capa-
bility for space-based nuclear detection at a level that 
meets or exceeds the level of capability as of the date of 
the enactment of this Act. 
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES 
AT 
NAVAL 
STATION, 
GUANTANAMO 
BAY, 
CUBA. 
It is the sense of Congress that— 
(1) the Nation extends its gratitude to the mili-
tary personnel who guard and interrogate some of
805 
the world’s most dangerous men every day at Naval 
Station, Guantanamo Bay, Cuba; 
(2) the United States Government should urge 
the international community, in general, and in par-
ticular, the home countries of the detainees who re-
main in detention despite having been ordered re-
leased by a Department of Defense administrative 
review board, to work with the Department of De-
fense to facilitate and expedite the repatriation of 
such detainees; 
(3) detainees at Guantanamo Bay, to the max-
imum extent possible, should be charged and expedi-
tiously prosecuted for crimes committed against the 
United States; and 
(4) operations at Guantanamo Bay should be 
carried out in a way that upholds the national inter-
est and core values of the American people. 
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report that contains the Secretary’s plan for 
each individual presently detained at Naval Station, Guan-
806 
tanamo Bay, Cuba, under the control of the Joint Task 
Force Guantanamo, who is or has ever been classified as 
an ‘‘enemy combatant’’ (referred to in this section as a 
‘‘detainee’’). 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An identification of the number of detainees 
who, as of December 31, 2007, the Department esti-
mates— 
(A) will have been or will be charged with 
one or more crimes and may, therefore, be tried 
before a military commission; 
(B) will be subject of an order calling for 
the release or transfer of the detainee from the 
Guantanamo Bay facility; or 
(C) will not have been charged with any 
crimes and will not be subject to an order call-
ing for the release or transfer of the detainee 
from the Guantanamo Bay facility, but whom 
the Department wishes to continue to detain. 
(2) A description of the actions required to be 
undertaken, by the Secretary of Defense, possibly 
the heads of other Federal agencies, and Congress, 
to ensure that detainees who are subject to an order
807 
calling for their release or transfer from the Guanta-
namo Bay facility have, in fact, been released. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form but may contain 
a classified annex. 
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF 
PUBLIC LAW 109–364 RELATING TO USE OF 
ARMED FORCES IN MAJOR PUBLIC EMER-
GENCIES. 
(a) INTERFERENCE WITH STATE
AND FEDERAL 
LAWS.— 
(1) IN
GENERAL.—Section 333 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 333. Interference with State and Federal law 
‘‘The President, by using the militia or the armed 
forces, or both, or by any other means, shall take such 
measures as he considers necessary to suppress, in a 
State, any insurrection, domestic violence, unlawful com-
bination, or conspiracy, if it— 
‘‘(1) so hinders the execution of the laws of that 
State, and of the United States within the State, 
that any part or class of its people is deprived of a 
right, privilege, immunity, or protection named in 
the Constitution and secured by law, and the con-
stituted authorities of that State are unable, fail, or
808 
refuse to protect that right, privilege, or immunity, 
or to give that protection; or 
‘‘(2) opposes or obstructs the execution of the 
laws of the United States or impedes the course of 
justice under those laws. 
In any situation covered by clause (1), the State shall be 
considered to have denied the equal protection of the laws 
secured by the Constitution.’’. 
(2) PROCLAMATION TO DISPERSE.—Section 334 
of such title is amended by striking ‘‘or those ob-
structing the enforcement of the laws’’ after ‘‘insur-
gents’’. 
(3) HEADING
AMENDMENT.—The heading of 
chapter 15 of such title is amended to read as fol-
lows: 
‘‘CHAPTER 15—INSURRECTION’’. 
(4) CLERICAL AMENDMENTS.— 
(A) The table of sections at the beginning 
of chapter 15 of such title is amended by strik-
ing the item relating to section 333 and insert-
ing the following new item: 
‘‘333. Interference with State and Federal law.’’. 
(B) The tables of chapters at the begin-
ning of subtitle A of title 10, United States 
Code, and at the beginning of part I of such 
subtitle, are each amended by striking the item
809 
relating to chapter 15 and inserting the fol-
lowing new item: 
‘‘15. Insurrection ......................................................................................
331’’. 
(b) REPEAL OF SECTION RELATING TO PROVISION 
OF SUPPLIES, SERVICES, AND EQUIPMENT.— 
(1) IN
GENERAL.—Section 2567 of title 10, 
United States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 152 of such title 
is amended by striking the item relating to section 
2567. 
(c) CONFORMING AMENDMENT.—Section 12304(c) of 
such title is amended by striking ‘‘Except to perform’’ and 
all that follows through ‘‘this section’’ and inserting ‘‘No 
unit or member of a reserve component may be ordered 
to active duty under this section to perform any of the 
functions authorized by chapter 15 or section 12406 of 
this title or, except as provided in subsection (b),’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILI-
TARY INSTALLATIONS IN UNITED STATES. 
(a) DEVELOPMENT OF STANDARDS.— 
(1) ACCESS
STANDARDS
FOR
VISITORS.—The 
Secretary of Defense shall develop access standards
811 
(b) USE OF TECHNOLOGY.—The Secretary of De-
fense is encouraged to procure and field existing identi-
fication screening technology and to develop additional 
technology only to the extent necessary to assist com-
manders of military installations in implementing the 
standards developed under this section at points of entry 
for such installations. 
(c) DEADLINES.— 
(1) DEVELOPMENT
AND
IMPLEMENTATION.— 
The Secretary of Defense shall develop the stand-
ards required under this section by not later than 
July 1, 2008, and implement such standards by not 
later than January 1, 2009. 
(2) SUBMISSION TO CONGRESS.—Not later than 
August 1, 2009, the Secretary shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives the standards implemented 
pursuant to paragraph (1). 
SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. 
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 
In order to clarify United States nuclear deterrence policy 
and strategy for the near term, the Secretary of Defense 
shall conduct a comprehensive review of the nuclear pos-
ture of the United States for the next 5 to 10 years. The
812 
Secretary shall conduct the review in consultation with the 
Secretary of Energy and the Secretary of State. 
(b) ELEMENTS OF REVIEW.—The nuclear posture re-
view shall include the following elements: 
(1) The role of nuclear forces in United States 
military strategy, planning, and programming. 
(2) The policy requirements and objectives for 
the United States to maintain a safe, reliable, and 
credible nuclear deterrence posture. 
(3) The relationship among United States nu-
clear deterrence policy, targeting strategy, and arms 
control objectives. 
(4) The role that missile defense capabilities 
and conventional strike forces play in determining 
the role and size of nuclear forces. 
(5) The levels and composition of the nuclear 
delivery systems that will be required for imple-
menting the United States national and military 
strategy, including any plans for replacing or modi-
fying existing systems. 
(6) The nuclear weapons complex that will be 
required for implementing the United States na-
tional and military strategy, including any plans to 
modernize or modify the complex.
813 
(7) The active and inactive nuclear weapons 
stockpile that will be required for implementing the 
United States national and military strategy, includ-
ing any plans for replacing or modifying warheads. 
(c) REPORT TO CONGRESS.—The Secretary of De-
fense shall submit to Congress, in unclassified and classi-
fied forms as necessary, a report on the results of the nu-
clear posture review conducted under this section. The re-
port shall be submitted concurrently with the quadrennial 
defense review required to be submitted under section 118 
of title 10, United States Code, in 2009. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that the nuclear posture review conducted under this 
section should be used as a basis for establishing future 
United States arms control objectives and negotiating po-
sitions. 
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLE-
MENTATION OF THE NEW STRATEGIC POS-
TURE OF THE UNITED STATES. 
Section 1051 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3431) is repealed. 
SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. 
(a) IN GENERAL.—Title III of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 U.S.C.
814 
435b) is amended by adding at the end the following new 
section: 
‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONTROLLED
SUBSTANCE.—The term 
‘controlled substance’ has the meaning given that 
term in section 102 of the Controlled Substances 
Act (21 U.S.C. 802). 
‘‘(2) COVERED
PERSON.—The term ‘covered 
person’ means— 
‘‘(A) an officer or employee of a Federal 
agency; 
‘‘(B) a member of the Army, Navy, Air 
Force, or Marine Corps who is on active duty 
or is in an active status; and 
‘‘(C) an officer or employee of a contractor 
of a Federal agency. 
‘‘(3) RESTRICTED DATA.—The term ‘Restricted 
Data’ has the meaning given that term in section 11 
of the Atomic Energy Act of 1954 (42 U.S.C. 
2014). 
‘‘(4) SPECIAL
ACCESS
PROGRAM.—The term 
‘special access program’ has the meaning given that 
term in section 4.1 of Executive Order No. 12958 
(60 Fed. Reg. 19825).
815 
‘‘(b) PROHIBITION.—After January 1, 2008, the 
head of a Federal agency may not grant or renew a secu-
rity clearance for a covered person who is an unlawful user 
of a controlled substance or an addict (as defined in sec-
tion 102(1) of the Controlled Substances Act (21 U.S.C. 
802)). 
‘‘(c) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—After January 1, 2008, ab-
sent an express written waiver granted in accordance 
with paragraph (2), the head of a Federal agency 
may not grant or renew a security clearance de-
scribed in paragraph (3) for a covered person who— 
‘‘(A) has been convicted in any court of the 
United States of a crime, was sentenced to im-
prisonment for a term exceeding 1 year, and 
was incarcerated as a result of that sentence for 
not less than 1 year; 
‘‘(B) has been discharged or dismissed 
from the Armed Forces under dishonorable con-
ditions; or 
‘‘(C) is mentally incompetent, as deter-
mined by an adjudicating authority, based on 
an evaluation by a duly qualified mental health 
professional employed by, or acceptable to and 
approved by, the United States Government
816 
and in accordance with the adjudicative guide-
lines required by subsection (d). 
‘‘(2) WAIVER
AUTHORITY.—In a meritorious 
case, an exception to the disqualification in this sub-
section may be authorized if there are mitigating 
factors. Any such waiver may be authorized only in 
accordance with— 
‘‘(A) standards and procedures prescribed 
by, or under the authority of, an Executive 
order or other guidance issued by the President; 
or 
‘‘(B) the adjudicative guidelines required 
by subsection (d). 
‘‘(3) COVERED SECURITY CLEARANCES.—This 
subsection applies to security clearances that provide 
for access to— 
‘‘(A) special access programs; 
‘‘(B) Restricted Data; or 
‘‘(C) any other information commonly re-
ferred to as ‘sensitive compartmented informa-
tion’. 
‘‘(4) ANNUAL REPORT.— 
‘‘(A) REQUIREMENT
FOR
REPORT.—Not 
later than February 1 of each year, the head of 
a Federal agency shall submit a report to the