872 
‘‘(E) any rule or regulation prescribed 
under any provision of law referred to in this 
paragraph; 
‘‘(4) not apply to any prevailing rate employees, 
as defined in section 5342(a)(2); 
‘‘(5) ensure that employees may organize, bar-
gain collectively, and participate through labor orga-
nizations of their own choosing in decisions which 
affect them, subject to any exclusion from coverage 
or limitation on negotiability established pursuant to 
law; 
‘‘(6) not be limited by any specific law or au-
thority under this title, or by any rule or regulation 
prescribed under this title, that is waived in regula-
tions prescribed under this chapter, subject to para-
graph (3); and 
‘‘(7) include a performance management system 
that incorporates the following elements: 
‘‘(A) Adherence to merit principles set 
forth in section 2301. 
‘‘(B) A fair, credible, and transparent em-
ployee performance appraisal system. 
‘‘(C) A link between the performance man-
agement system and the agency’s strategic 
plan.
873 
‘‘(D) A means for ensuring employee in-
volvement in the design and implementation of 
the system. 
‘‘(E) Adequate training and retraining for 
supervisors, managers, and employees in the 
implementation and operation of the perform-
ance management system. 
‘‘(F) A process for ensuring ongoing per-
formance feedback and dialogue between super-
visors, managers, and employees throughout the 
appraisal period, and setting timetables for re-
view. 
‘‘(G) Effective safeguards to ensure that 
the management of the system is fair and equi-
table and based on employee performance. 
‘‘(H) A means for ensuring that adequate 
agency resources are allocated for the design, 
implementation, and administration of the per-
formance management system. 
‘‘(I) A pay-for-performance evaluation sys-
tem to better link individual pay to perform-
ance, and provide an equitable method for ap-
praising and compensating employees. 
‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LAB-
ORATORIES.—
874 
‘‘(1) The National Security Personnel System 
shall not apply with respect to a laboratory under 
paragraph (2) before October 1, 2011, and shall 
apply on or after October 1, 2011, only to the extent 
that the Secretary determines that the flexibilities 
provided by the National Security Personnel System 
are greater than the flexibilities provided to those 
laboratories pursuant to section 342 of the National 
Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2721) and section 
1101 of the Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
note), respectively. 
‘‘(2) The laboratories to which this subsection 
applies are— 
‘‘(A) the Aviation and Missile Research 
Development and Engineering Center; 
‘‘(B) the Army Research Laboratory; 
‘‘(C) the Medical Research and Materiel 
Command; 
‘‘(D) the Engineer Research and Develop-
ment Command; 
‘‘(E) 
the 
Communications-Electronics 
Command;
875 
‘‘(F) the Soldier and Biological Chemical 
Command; 
‘‘(G) the Naval Sea Systems Command 
Centers; 
‘‘(H) the Naval Research Laboratory; 
‘‘(I) the Office of Naval Research; and 
‘‘(J) the Air Force Research Laboratory. 
‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other 
provisions of this part referred to in subsection (b)(3)(D) 
are— 
‘‘(1) subparts A, B, E, G, and H of this part; 
and 
‘‘(2) chapters 41, 45, 47, 55 (except subchapter 
V thereof, apart from section 5545b), 57, 59, 71, 
72, 73, 75, 77, and 79, and this chapter. 
‘‘(e) LIMITATIONS RELATING TO PAY.— 
‘‘(1) Nothing in this section shall constitute au-
thority to modify the pay of any employee who 
serves in an Executive Schedule position under sub-
chapter II of chapter 53. 
‘‘(2) Except as provided for in paragraph (1), 
the total amount in a calendar year of allowances, 
differentials, bonuses, awards, or other similar cash 
payments paid under this title to any employee who 
is paid under section 5376 or 5383 or under title 10
876 
or under other comparable pay authority established 
for payment of Department of Defense senior execu-
tive or equivalent employees may not exceed the 
total annual compensation payable to the Vice Presi-
dent under section 104 of title 3. 
‘‘(3) To the maximum extent practicable, the 
rates of compensation for civilian employees at the 
Department of Defense shall be adjusted at the 
same rate, and in the same proportion, as are rates 
of compensation for members of the uniformed serv-
ices. 
‘‘(4) To the maximum extent practicable, for 
fiscal years 2004 through 2012, the overall amount 
allocated for compensation of the civilian employees 
of an organizational or functional unit of the De-
partment of Defense that is included in the National 
Security Personnel System shall not be less than the 
amount that would have been allocated for com-
pensation of such employees for such fiscal year if 
they had not been converted to the National Security 
Personnel System, based on, at a minimum— 
‘‘(A) the number and mix of employees in 
such organizational or functional unit prior to 
the conversion of such employees to the Na-
tional Security Personnel System; and
877 
‘‘(B) adjusted for normal step increases 
and rates of promotion that would have been 
expected, had such employees remained in their 
previous pay schedule. 
‘‘(5) To the maximum extent practicable, the 
regulations implementing the National Security Per-
sonnel System shall provide a formula for calcu-
lating the overall amount to be allocated for fiscal 
years after fiscal year 2012 for compensation of the 
civilian employees of an organization or functional 
unit of the Department of Defense that is included 
in the National Security Personnel System. The for-
mula shall ensure that in the aggregate, employees 
are not disadvantaged in terms of the overall 
amount of pay available as a result of conversion to 
the National Security Personnel System, while pro-
viding flexibility to accommodate changes in the 
function of the organization, changes in the mix of 
employees performing those functions, and other 
changed circumstances that might impact pay levels. 
‘‘(6) Amounts allocated for compensation of ci-
vilian employees of the Department of Defense pur-
suant to paragraphs (4) and (5) shall be available 
only for the purpose of providing such compensation.
878 
‘‘(7) At the time of any annual adjustment to 
pay schedules pursuant to section 5303, the rate of 
basic pay for each employee of an organizational or 
functional unit of the Department of Defense that is 
included in the National Security Personnel System 
who receives a performance rating above unaccept-
able or who does not have a current rating of record 
for the most recently completed appraisal period 
shall be adjusted by no less than 60 percent of the 
amount of such adjustment. The balance of the 
amount that would have been available for an an-
nual adjustment under section 5303 shall be allo-
cated to pay pool funding, for the purpose of in-
creasing rates of pay on the basis of employee per-
formance. 
‘‘(8) Each employee of an organizational or 
functional unit of the Department of Defense that is 
included in the National Security Personnel System 
who receives a performance rating above unaccept-
able or who does not have a current rating of record 
for the most recently completed appraisal period 
shall receive— 
‘‘(A) locality-based comparability payments 
under section 5304 and section 5304a in the
879 
same manner and to the same extent as em-
ployees under the General Schedule; or 
‘‘(B) the full measure of any other local 
market supplement applicable to the employee if 
locality-based comparability payments referred 
to in subparagraph (A) are not generally appli-
cable to the employee. 
Nothing in this paragraph shall be construed to 
make locality-based comparability payments or other 
local market supplements payable to any category of 
employees or positions which were ineligible for such 
payments or supplements (as the case may be) as of 
the day before the date of the enactment of the Na-
tional Defense Authorization Act for Fiscal Year 
2004. 
‘‘(9) Any rate of pay established or adjusted in 
accordance with the requirements of this section 
shall be non-negotiable, but shall be subject to pro-
cedures and appropriate arrangements of para-
graphs (2) and (3) of section 7106(b), except that 
nothing in this paragraph shall be construed to 
eliminate the bargaining rights of any category of 
employees who were authorized to negotiate rates of 
pay as of the day before the date of the enactment
880 
of the National Defense Authorization Act for Fiscal 
Year 2004. 
‘‘(f) PROVISIONS
REGARDING
NATIONAL
LEVEL 
BARGAINING.— 
‘‘(1) The Secretary may bargain with a labor 
organization which has been accorded exclusive rec-
ognition under chapter 71 at an organizational level 
above the level of exclusive recognition. The decision 
to bargain above the level of exclusive recognition 
shall not be subject to review. The Secretary shall 
consult with the labor organization before deter-
mining the appropriate organizational level of bar-
gaining. 
‘‘(2) Any such bargaining shall— 
‘‘(A) address issues that are— 
‘‘(i) subject to bargaining under chap-
ter 71 and this chapter; 
‘‘(ii) applicable to multiple bargaining 
units; and 
‘‘(iii) raised by either party to the 
bargaining; 
‘‘(B) except as agreed by the parties or di-
rected through an independent dispute resolu-
tion process agreed upon by the parties, be 
binding on all affected subordinate bargaining
881 
units of the labor organization at the level of 
recognition and their exclusive representatives, 
and the Department of Defense and its sub-
components, without regard to levels of recogni-
tion; 
‘‘(C) to the extent agreed by the parties or 
directed through an independent dispute resolu-
tion process agreed upon by the parties, super-
sede conflicting provisions of all other collective 
bargaining agreements of the labor organiza-
tion, including collective bargaining agreements 
negotiated with an exclusive representative at 
the level of recognition; and 
‘‘(D) except as agreed by the parties or di-
rected through an independent dispute resolu-
tion process agreed upon by the parties, not be 
subject to further negotiations for any purpose, 
including bargaining at the level of recognition. 
‘‘(3) Any independent dispute resolution process 
agreed to by the parties for the purposes of para-
graph (2) shall have the authority to address all 
issues on which the parties are unable to reach 
agreement.
882 
‘‘(4) The National Guard Bureau and the Army 
and Air Force National Guard may be included in 
coverage under this subsection. 
‘‘(5) Any bargaining completed pursuant to this 
subsection with a labor organization not otherwise 
having national consultation rights with the Depart-
ment of Defense or its subcomponents shall not cre-
ate any obligation on the Department of Defense or 
its subcomponents to confer national consultation 
rights on such a labor organization. 
‘‘(g) PROVISIONS RELATED TO SEPARATION AND RE-
TIREMENT INCENTIVES.— 
‘‘(1) The Secretary may establish a program 
within the Department of Defense under which em-
ployees may be eligible for early retirement, offered 
separation incentive pay to separate from service vol-
untarily, or both. This authority may be used to re-
duce the number of personnel employed by the De-
partment of Defense or to restructure the workforce 
to meet mission objectives without reducing the over-
all number of personnel. This authority is in addi-
tion to, and notwithstanding, any other authorities 
established by law or regulation for such programs. 
‘‘(2)(A) The Secretary may not authorize the 
payment of voluntary separation incentive pay under
883 
paragraph (1) to more than 25,000 employees in 
any fiscal year, except that employees who receive 
voluntary separation incentive pay as a result of a 
closure or realignment of a military installation 
under the Defense Base Closure and Realignment 
Act of 1990 (title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) shall not be included in that 
number. 
‘‘(B) The Secretary shall prepare a report each 
fiscal year setting forth the number of employees 
who received such pay as a result of a closure or re-
alignment of a military base as described under sub-
paragraph (A). 
‘‘(C) The Secretary shall submit the report 
under subparagraph (B) to the Committee on Armed 
Services and the Committee on Governmental Af-
fairs of the Senate, and the Committee on Armed 
Services and the Committee on Government Reform 
of the House of Representatives. 
‘‘(3) For purposes of this section, the term ‘em-
ployee’ means an employee of the Department of De-
fense, serving under an appointment without time 
limitation, except that such term does not include— 
‘‘(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84, or an-
885 
‘‘(5)(A) Separation pay shall be paid in a lump 
sum or in installments and shall be equal to the less-
er of — 
‘‘(i) an amount equal to the amount the 
employee would be entitled to receive under sec-
tion 5595(c), if the employee were entitled to 
payment under such section; or 
‘‘(ii) $25,000. 
‘‘(B) Separation pay shall not be a basis for 
payment, and shall not be included in the computa-
tion, of any other type of Government benefit. Sepa-
ration pay shall not be taken into account for the 
purpose of determining the amount of any severance 
pay to which an individual may be entitled under 
section 5595, based on any other separation. 
‘‘(C) Separation pay, if paid in installments, 
shall cease to be paid upon the recipient’s accept-
ance of employment by the Federal Government, or 
commencement of work under a personal services 
contract as described in paragraph (6). 
‘‘(6)(A) An employee who receives separation 
pay under such program may not be reemployed by 
the Department of Defense for a 12-month period 
beginning on the effective date of the employee’s
886 
separation, unless this prohibition is waived by the 
Secretary on a case-by-case basis. 
‘‘(B) An employee who receives separation pay 
under this section on the basis of a separation occur-
ring on or after the date of the enactment of the 
Federal Workforce Restructuring Act of 1994 (Pub-
lic Law 103–226; 108 Stat. 111) and accepts em-
ployment with the Government of the United States, 
or who commences work through a personal services 
contract with the United States within 5 years after 
the date of the separation on which payment of the 
separation pay is based, shall be required to repay 
the entire amount of the separation pay to the De-
partment of Defense. If the employment is with an 
Executive agency (as defined by section 105) other 
than the Department of Defense, the Director may, 
at the request of the head of that agency, waive the 
repayment if the individual involved possesses 
unique abilities and is the only qualified applicant 
available for the position. If the employment is with-
in the Department of Defense, the Secretary may 
waive the repayment if the individual involved is the 
only qualified applicant available for the position. If 
the employment is with an entity in the legislative 
branch, the head of the entity or the appointing offi-
894 
of the National Defense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 108 Stat. 2721), as amended 
by section 1114 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398; 114 Stat. 1654A–315), to 
carry out personnel management demonstration projects 
at Department of Defense laboratories that are exempted 
by section 9902(c) of title 5, United States Code, from 
inclusion in the Department of Defense National Security 
Personnel System. 
(b) PROCESS
FOR FULL IMPLEMENTATION.—The 
Secretary of Defense shall also implement a process and 
implementation plan to fully utilize the authorities de-
scribed in subsection (a) to enhance the performance of 
the missions of the laboratories. 
(c) OTHER LABORATORIES.—Any flexibility available 
to any demonstration laboratory shall be available for use 
at any other laboratory as enumerated in section 
9902(c)(2) of title 5, United States Code. 
(d) SUBMISSION OF LIST AND DESCRIPTION.—Not 
later than March 1 of each year, beginning with March 
1, 2008, the Secretary of Defense shall submit to Congress 
a list and description of the demonstration project notices, 
amendments, and changes requested by the laboratories 
during the preceding calendar year. The list shall include
895 
all approved and disapproved notices, amendments, and 
changes, and the reasons for disapproval or delay in ap-
proval. 
SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OF-
FICE OF DEFENSE RESEARCH AND ENGI-
NEERING POSITIONS IN EXPERIMENTAL PER-
SONNEL PROGRAM FOR SCIENTIFIC AND 
TECHNICAL PERSONNEL. 
Section 1101(b)(1) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 
3104 note) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by adding ‘‘and’’ at 
the end; and 
(3) by adding after subparagraph (C) the fol-
lowing: 
‘‘(D) not more than a total of 10 scientific 
and engineering positions in the Office of the 
Director of Defense Research and Engineer-
ing;’’.
896 
SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGN-
MENT OF INFORMATION TECHNOLOGY PER-
SONNEL TO PRIVATE SECTOR ORGANIZA-
TIONS. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of De-
fense may, with the agreement of the private sector orga-
nization and the Department of Defense employee con-
cerned, arrange for the temporary assignment of such em-
ployee to such private sector organization under this sec-
tion. An employee shall be eligible for such an assignment 
only if— 
(1) the employee— 
(A) works in the field of information tech-
nology management; 
(B) is considered to be an exceptional em-
ployee; 
(C) is expected to assume increased infor-
mation technology management responsibilities 
in the future; 
(D) is compensated at not less than the 
GS–11 level (or the equivalent); and 
(E) is serving under a career or career- 
conditional appointment or an appointment of 
equivalent tenure in the excepted service; and
897 
(2) the proposed assignment meets applicable 
requirements of section 209(b) of the E-Government 
Act of 2002 (44 U.S.C. 3501 note). 
(b) AGREEMENTS.—The Secretary of Defense shall 
provide for a written agreement between the Department 
of Defense and the employee concerned regarding the 
terms and conditions of the employee’s assignment under 
this section. The agreement— 
(1) shall require that, upon completion of the 
assignment, the employee will serve in the civil serv-
ice for a period equal to the length of the assign-
ment; and 
(2) shall provide that if the employee fails to 
carry out the agreement, such employee shall be lia-
ble to the United States for payment of all expenses 
of the assignment, unless that failure was for good 
and sufficient reason (as determined by the Sec-
retary of Defense). 
An amount for which an employee is liable under para-
graph (2) shall be treated as a debt due the United States. 
(c) TERMINATION.—An assignment under this sec-
tion may, at any time and for any reason, be terminated 
by the Department of Defense or the private sector organi-
zation concerned.
898 
(d) DURATION.—An assignment under this section 
shall be for a period of not less than 3 months and not 
more than 1 year, and may be extended in 3-month incre-
ments for a total of not more than 1 additional year; how-
ever, no assignment under this section may commence 
after September 30, 2010. 
(e) CONSIDERATIONS.—In carrying out this section, 
the Secretary of Defense— 
(1) shall ensure that, of the assignments made 
under this section each year, at least 20 percent are 
to small business concerns (as defined by section 
3703(e)(2)(A) of title 5, United States Code); and 
(2) shall take into consideration the question of 
how assignments under this section might best be 
used to help meet the needs of the Department of 
Defense with respect to the training of employees in 
information technology management. 
(f) NUMERICAL LIMITATION.—In no event may more 
than 10 employees be participating in assignments under 
this section as of any given time. 
(g) REPORTING REQUIREMENT.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Rep-
899 
resentatives a report on the potential benefits of a 
program under which employees specializing in in-
formation technology may be temporarily assigned 
from private sector organizations to the Department 
of Defense. 
(2) CONTENTS.—The report shall include— 
(A) a statement of findings and an expla-
nation of the bases for those findings; 
(B) an assessment of the laws, rules, and 
processes relating to the prevention of conflicts 
of interest and abuse which would apply to pri-
vate sector employees during the period of their 
assignment to the Department of Defense, and 
whether they need to be strengthened or other-
wise changed; 
(C) mechanisms proposed for the govern-
ance and oversight of the program; and 
(D) recommendations for any legislation 
which may be necessary. 
SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM 
EMPLOYEES FOR CERTAIN TRAVEL HOURS. 
Section 5544(a) of title 5, United States Code, is 
amended in clause (iv) (in the third sentence following 
paragraph (3)), by striking ‘‘administratively.’’ and insert-
ing ‘‘administratively (including travel by the employee to
901 
(2) in subparagraphs (A) through (E), by in-
serting ‘‘a position in’’ before ‘‘the’’; 
(3) in subparagraph (D), by striking ‘‘or’’ at 
the end; 
(4) in subparagraph (E), by striking the period 
and inserting a semicolon; and 
(5) by adding after subparagraph (E) the fol-
lowing: 
‘‘(F) a position to which section 5376 applies; 
or 
‘‘(G) a position designated under section 
1607(a) of title 10 as an Intelligence Senior Level 
position.’’. 
SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOY-
EES. 
Section 1593(b) of title 10, United States Code, is 
amended by striking ‘‘$400 per year.’’ and inserting 
‘‘$400 per year (or such higher maximum amount as the 
Secretary of Defense may by regulation prescribe).’’.
902 
SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES 
WHO MOVE FROM A DEPARTMENT OF DE-
FENSE 
OR 
COAST 
GUARD 
NON-
APPROPRIATED 
FUND 
INSTRUMENTALITY 
POSITION TO A POSITION IN THE GENERAL 
SCHEDULE PAY SYSTEM. 
Section 5334(f) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 
(2) in the first sentence, by striking ‘‘does not 
exceed’’ and all that follows through ‘‘2105(c).’’ and 
inserting the following: ‘‘does not exceed— 
‘‘(A) if the highest previous rate of basic pay 
received by that employee during the employee’s 
service described in section 2105(c) is equal to a 
rate of the appropriate grade, such rate of the ap-
propriate grade; 
‘‘(B) if the employee’s highest previous rate of 
basic pay (as described in subparagraph (A)) is be-
tween two rates of the appropriate grade, the higher 
of those two rates; or 
‘‘(C) if the employee’s highest previous rate of 
basic pay (as described in subparagraph (A)) ex-
ceeds the maximum rate of the appropriate grade, 
the maximum rate of the appropriate grade.’’; and
903 
(3) in the second sentence, by striking ‘‘In the 
case of’’ and inserting the following: 
‘‘(2) In the case of’’. 
SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS 
CADET OR MIDSHIPMAN AT A MILITARY 
SERVICE ACADEMY. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8331(13) of title 5, United States Code, is amended by 
striking ‘‘but’’ and inserting ‘‘and includes service as a 
cadet at the United States Military Academy, the United 
States Air Force Academy, or the United States Coast 
Guard Academy, or as a midshipman at the United States 
Naval Academy, but’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8401(31) of such title is amended by striking 
‘‘but’’ and inserting ‘‘and includes service as a cadet at 
the United States Military Academy, the United States 
Air Force Academy, or the United States Coast Guard 
Academy, or as a midshipman at the United States Naval 
Academy, but’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply to— 
(1) any annuity, eligibility for which is based 
upon a separation occurring before, on, or after the 
date of enactment of this Act; and
904 
(2) any period of service as a cadet at the 
United States Military Academy, the United States 
Air Force Academy, or the United States Coast 
Guard Academy, or as a midshipman at the United 
States Naval Academy, occurring before, on, or after 
the date of enactment of this Act. 
SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSA-
TION FOR FACULTY AND STAFF OF THE UNI-
FORMED 
SERVICES 
UNIVERSITY 
OF 
THE 
HEALTH SCIENCES. 
Section 2113(c) of title 10, United States Code, as 
redesignated by section 954(a)(3) of this Act, is amend-
ed— 
(1) in paragraph (1)— 
(A) by inserting ‘‘(after due consideration 
by the Secretary)’’ before ‘‘so as’’; and 
(B) by striking ‘‘within the vicinity of the 
District of Columbia’’ and inserting ‘‘identified 
by the Secretary for purposes of this para-
graph’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘section 5373’’ and insert-
ing ‘‘sections 5307 and 5373’’; and 
(B) by adding at the end the following new 
sentence: ‘‘In no event may the total amount of
905 
compensation paid to an employee under para-
graph (1) in any year (including salary, allow-
ances, differentials, bonuses, awards, and other 
similar cash payments) exceed the total amount 
of annual compensation (excluding expenses) 
specified in section 102 of title 3.’’. 
SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLAR-
SHIP 
PROGRAM 
FOR 
CIVILIAN 
MENTAL 
HEALTH PROFESSIONALS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall, in consultation with the Assistant Sec-
retary of Defense for Health Affairs and each of the Sur-
geons General of the Armed Forces, submit to Congress 
a report on the feasibility and advisability of establishing 
a scholarship program for civilian mental health profes-
sionals. 
(b) ELEMENTS.—The report shall include the fol-
lowing: 
(1) An assessment of a potential scholarship 
program that provides certain educational funding to 
students seeking a career in mental health services 
in exchange for service in the Department of De-
fense.
906 
(2) An assessment of current scholarship pro-
grams which may be expanded to include mental 
health professionals. 
(3) Recommendations regarding the establish-
ment or expansion of scholarship programs for men-
tal health professionals. 
(4) A plan to implement, or reasons for not im-
plementing, recommendations that will increase men-
tal health staffing across the Department of De-
fense. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Military-to-military contacts and comparable activities. 
Sec. 1202. Authority for support of military operations to combat terrorism. 
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers 
of certain foreign nations. 
Sec. 1204. Extension and expansion of Department of Defense authority to 
participate in multinational military centers of excellence. 
Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 
Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 
Sec. 1207. Authority to equip and train foreign personnel to assist in account-
ing for missing United States Government personnel. 
Sec. 1208. Authority to provide automatic identification system data on mari-
time shipping to foreign countries and international organiza-
tions. 
Sec. 1209. Report on foreign-assistance related programs carried out by the 
Department of Defense. 
Sec. 1210. Extension and enhancement of authority for security and stabiliza-
tion assistance. 
Sec. 1211. Government Accountability Office report on Global Peace Oper-
ations Initiative. 
Sec. 1212. Repeal of limitations on military assistance under the American 
Servicemembers’ Protection Act of 2002. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1221. Modification of authorities relating to the Office of the Special In-
spector General for Iraq Reconstruction.
907 
Sec. 1222. Limitation on availability of funds for certain purposes relating to 
Iraq. 
Sec. 1223. Report on United States policy and military operations in Iraq. 
Sec. 1224. Report on a comprehensive set of performance indicators and meas-
ures for progress toward military and political stability in Iraq. 
Sec. 1225. Report on support from Iran for attacks against coalition forces in 
Iraq. 
Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 
Sec. 1227. Sense of Congress on federalism in Iraq. 
Sec. 1228. Tracking and monitoring of defense articles provided to the Govern-
ment of Iraq and other individuals and groups in Iraq. 
Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 
Sec. 1230. Report on progress toward security and stability in Afghanistan. 
Sec. 1231. United States plan for sustaining the Afghanistan National Security 
Forces. 
Sec. 1232. Report on enhancing security and stability in the region along the 
border of Afghanistan and Pakistan. 
Sec. 1233. Reimbursement of certain coalition nations for support provided to 
United States military operations. 
Sec. 1234. Logistical support for coalition forces supporting operations in Iraq 
and Afghanistan. 
Subtitle C—Iraq Refugee Crisis 
Sec. 1241. Short title. 
Sec. 1242. Processing mechanisms. 
Sec. 1243. United States refugee program processing priorities. 
Sec. 1244. Special immigrant status for certain Iraqis. 
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Per-
sons. 
Sec. 1246. Countries with significant populations of Iraqi refugees. 
Sec. 1247. Motion to reopen denial or termination of asylum. 
Sec. 1248. Reports. 
Sec. 1249. Authorization of appropriations. 
Subtitle D—Other Authorities and Limitations 
Sec. 1251. Cooperative opportunities documents under cooperative research and 
development agreements with NATO organizations and other 
allied and friendly foreign countries. 
Sec. 1252. Extension and expansion of temporary authority to use acquisition 
and cross-servicing agreements to lend military equipment for 
personnel protection and survivability. 
Sec. 1253. Acceptance of funds from the Government of Palau for costs of 
United States military Civic Action Team in Palau. 
Sec. 1254. Repeal of requirement relating to North Korea. 
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 
Sec. 1256. Extension of Counterproliferation Program Review Committee. 
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security 
Cooperation. 
Sec. 1258. Sense of Congress on Iran. 
Subtitle E—Reports 
Sec. 1261. One-year extension of update on report on claims relating to the 
bombing of the Labelle Discotheque.
908 
Sec. 1262. Report on United States policy toward Darfur, Sudan. 
Sec. 1263. Inclusion of information on asymmetric capabilities in annual report 
on military power of the People’s Republic of China. 
Sec. 1264. Report on application of the Uniform Code of Military Justice to ci-
vilians accompanying the Armed Forces during a time of de-
clared war or contingency operation. 
Sec. 1265. Report on family reunions between United States citizens and their 
relatives in North Korea. 
Sec. 1266. Reports on prevention of mass atrocities. 
Sec. 1267. Report on threats to the United States from ungoverned areas. 
Subtitle A—Assistance and 
Training 
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COM-
PARABLE ACTIVITIES. 
Section 168(c) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(9) The assignment of personnel described in 
paragraph (3) or (4) on a non-reciprocal basis if the 
Secretary of Defense determines that such an as-
signment, rather than an exchange of personnel, is 
in the interests of the United States.’’. 
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPER-
ATIONS TO COMBAT TERRORISM. 
(a) MODIFICATION OF REPORTING REQUIREMENT.— 
Subsection (f) of section 1208 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375; 118 Stat. 2086–2087) is amended 
to read as follows: 
‘‘(f) ANNUAL REPORT.—
909 
‘‘(1) REPORT REQUIRED.—Not later than 120 
days after the close of each fiscal year during which 
subsection (a) is in effect, the Secretary of Defense 
shall submit to the congressional defense committees 
a report on support provided under that subsection 
during that fiscal year. 
‘‘(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall describe the support 
provided, including— 
‘‘(A) the country involved in the activity, 
the individual or force receiving the support, 
and, to the maximum extent practicable, the 
specific region of each country involved in the 
activity; 
‘‘(B) the respective dates and a summary 
of congressional notifications for each activity; 
‘‘(C) the unified commander for each activ-
ity, as well as the related objectives, as estab-
lished by that commander; 
‘‘(D) the total amount obligated to provide 
the support; 
‘‘(E) for each activity that amounts to 
more than $500,000, specific budget details 
that explain the overall funding level for that 
activity; and
910 
‘‘(F) a statement providing a brief assess-
ment of the outcome of the support, including 
specific 
indications 
of 
how 
the 
support 
furthered the mission objective of special oper-
ations forces and the types of follow-on support, 
if any, that may be necessary.’’. 
(b) ANNUAL LIMITATION.—Subsection (g) of such 
section is amended— 
(1) in the heading, by striking ‘‘FISCAL YEAR 
2005’’ and inserting ‘‘ANNUAL’’; and 
(2) by striking ‘‘fiscal year 2005’’ and inserting 
‘‘each fiscal year during which subsection (a) is in 
effect’’. 
(c) EXTENSION OF PERIOD OF AUTHORITY.—Sub-
section (h) of such section is amended by striking ‘‘2007’’ 
and inserting ‘‘2010’’. 
SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL 
EXPENSES FOR LIAISON OFFICERS OF CER-
TAIN FOREIGN NATIONS. 
(a) AUTHORITY.—Subsection (a) of section 1051a of 
title 10, United States Code, is amended— 
(1) by striking ‘‘involved in a coalition’’ and in-
serting ‘‘involved in a military operation’’; and 
(2) by striking ‘‘coalition operation’’ and insert-
ing ‘‘military operation’’.
911 
(b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL 
EXPENSES.—Subsection (b) of such section is amended— 
(1) in the heading, by striking ‘‘AND SUBSIST-
ENCE’’ inserting ‘‘, SUBSISTENCE, AND MEDICAL 
CARE’’; 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) Expenses for medical care at a civilian 
medical facility if— 
‘‘(i) adequate medical care is not available 
to the liaison officer at a local military medical 
treatment facility; 
‘‘(ii) the Secretary determines that pay-
ment of such medical expenses is necessary and 
in the best interests of the United States; and 
‘‘(iii) medical care is not otherwise avail-
able to the liaison officer pursuant to any treaty 
or other international agreement.’’; and 
(3) by adding at the end the following: 
‘‘(3) The Secretary may pay the mission-related 
travel expenses of a liaison officer described in sub-
section (a) if such travel is in support of the na-
tional interests of the United States and the com-
mander of the headquarters to which the liaison offi-
cer is temporarily assigned directs round-trip travel
917 
SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PER-
SONNEL TO ASSIST IN ACCOUNTING FOR 
MISSING UNITED STATES GOVERNMENT PER-
SONNEL. 
(a) IN GENERAL.—Chapter 20 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 408. Equipment and training of foreign personnel 
to assist in Department of Defense ac-
counting for missing United States Gov-
ernment personnel 
‘‘(a) IN GENERAL.—The Secretary of Defense may 
provide assistance to any foreign nation to assist the De-
partment of Defense with recovery of and accounting for 
missing United States Government personnel. 
‘‘(b) TYPES OF ASSISTANCE.—The assistance pro-
vided under subsection (a) may include the following: 
‘‘(1) Equipment. 
‘‘(2) Supplies. 
‘‘(3) Services. 
‘‘(4) Training of personnel. 
‘‘(c) APPROVAL BY SECRETARY OF STATE.—Assist-
ance may not be provided under this section to any foreign 
nation unless the Secretary of State specifically approves 
the provision of such assistance.