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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-
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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 
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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. 
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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. 
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‘‘(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.— 
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(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-
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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-
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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— 
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(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-
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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 
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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’ 
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(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’’. 
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(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— 
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(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.)’’. 
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(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— 
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(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 
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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-
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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 
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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 
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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 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
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smartinez on PRODPC61 with BILLS