855 
(C) TIME LIMITATIONS.—A motion may be 
made or an action may be refiled under sub-
paragraph (A) only— 
(i) if the original action was com-
menced not later than the latter of— 
(I) 10 years after April 24, 1996; 
or 
(II) 10 years after the cause of 
action arose; and 
(ii) within the 60-day period begin-
ning on the date of the enactment of this 
Act. 
(3) RELATED ACTIONS.—If an action arising 
out of an act or incident has been timely commenced 
under section 1605(a)(7) of title 28, United States 
Code, or section 589 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1997 (as contained in section 101(c) of 
division A of Public Law 104–208), any other action 
arising out of the same act or incident may be 
brought under section 1605A of title 28, United 
States Code, if the action is commenced not later 
than the latter of 60 days after— 
(A) the date of the entry of judgment in 
the original action; or 
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856 
(B) the date of the enactment of this Act. 
(4) PRESERVING
THE
JURISDICTION
OF
THE 
COURTS.—Nothing in section 1503 of the Emer-
gency Wartime Supplemental Appropriations Act, 
2003 (Public Law 108–11, 117 Stat. 579) has ever 
authorized, directly or indirectly, the making inappli-
cable of any provision of chapter 97 of title 28, 
United States Code, or the removal of the jurisdic-
tion of any court of the United States. 
(d) APPLICABILITY TO IRAQ.— 
(1) APPLICABILITY.—The President may waive 
any provision of this section with respect to Iraq, in-
sofar as that provision may, in the President’s deter-
mination, affect Iraq or any agency or instrumen-
tality thereof, if the President determines that— 
(A) the waiver is in the national security 
interest of the United States; 
(B) the waiver will promote the reconstruc-
tion of, the consolidation of democracy in, and 
the relations of the United States with, Iraq; 
and 
(C) Iraq continues to be a reliable ally of 
the United States and partner in combating 
acts of international terrorism. 
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(2) TEMPORAL
SCOPE.—The authority under 
paragraph (1) shall apply— 
(A) with respect to any conduct or event 
occurring before or on the date of the enact-
ment of this Act; 
(B) with respect to any conduct or event 
occurring before or on the date of the exercise 
of that authority; and 
(C) regardless of whether, or the extent to 
which, the exercise of that authority affects any 
action filed before, on, or after the date of the 
exercise of that authority or of the enactment 
of this Act. 
(3) NOTIFICATION TO CONGRESS.—A waiver by 
the President under paragraph (1) shall cease to be 
effective 30 days after it is made unless the Presi-
dent has notified Congress in writing of the basis for 
the waiver as determined by the President under 
paragraph (1). 
(4) SENSE OF CONGRESS.—It is the sense of 
the Congress that the President, acting through the 
Secretary of State, should work with the Govern-
ment of Iraq on a state-to-state basis to ensure com-
pensation for any meritorious claims based on ter-
rorist acts committed by the Saddam Hussein re-
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gime against individuals who were United States na-
tionals or members of the United States Armed 
Forces at the time of those terrorist acts and whose 
claims cannot be addressed in courts in the United 
States due to the exercise of the waiver authority 
under paragraph (1). 
(e) SEVERABILITY.—If any provision of this section 
or the amendments made by this section, or the applica-
tion of such provision to any person or circumstance, is 
held invalid, the remainder of this section and such 
amendments, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, shall not be affected by such invalidation. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensa-
tion paid to Federal civilian employees working overseas under 
areas of United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called 
to active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal prop-
erty to former home following death of Federal employee where 
death resulted from disease or injury incurred in the Central 
Command area of responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration 
project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and 
Engineering positions in experimental personnel program for 
scientific and technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information tech-
nology personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours. 
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Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees. 
Sec. 1114. Flexibility in setting pay for employees who move from a Depart-
ment of Defense or Coast Guard nonappropriated fund instru-
mentality position to a position in the General Schedule pay 
system. 
Sec. 1115. Retirement service credit for service as cadet or midshipman at a 
military service academy. 
Sec. 1116. Authorization for increased compensation for faculty and staff of the 
Uniformed Services University of the Health Sciences. 
Sec. 1117. Report on establishment of a scholarship program for civilian mental 
health professionals. 
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON TOTAL COMPENSATION PAID 
TO FEDERAL CIVILIAN EMPLOYEES WORKING 
OVERSEAS UNDER AREAS OF UNITED STATES 
CENTRAL COMMAND. 
(a) EXTENSION.—Section 1105 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3450), as amended by section 1105 
of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2409), is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and 2007’’ and inserting 
‘‘, 2007, and 2008’’; and 
(B) by striking ‘‘Code).’’ and inserting 
‘‘Code) or, during 2008, a military operation 
(including a contingency operation, as so de-
fined) or an operation in response to an emer-
gency declared by the President.’’; and 
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(2) in subsection (b), by striking ‘‘2007.’’ and 
inserting ‘‘2007 or 2008.’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ments made by subsection (a) shall take effect as of De-
cember 31, 2007. 
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE 
FOR FEDERAL EMPLOYEES CALLED TO AC-
TIVE DUTY. 
Section 8706 of title 5, United States Code, is 
amended— 
(1) by redesignating subsections (d) through (g) 
as subsections (e) through (h), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d)(1) An employee who enters on approved leave 
without pay in the circumstances described in paragraph 
(2) may elect to have such employee’s life insurance con-
tinue (beyond the end of the 12 months of coverage pro-
vided for under subsection (a)) for an additional 12 
months and arrange to pay currently into the Employees’ 
Life Insurance Fund, through such employee’s employing 
agency, both employee and agency contributions, from the 
beginning of that additional 12 months of coverage. The 
employing agency shall forward the premium payments to 
the Fund. If the employee does not so elect, such employ-
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861 
ee’s insurance will continue during nonpay status and stop 
as provided by subsection (a). An individual making an 
election under this subsection may cancel that election at 
any time, in which case such employee’s insurance will 
stop as provided by subsection (a) or upon receipt of notice 
of cancellation, whichever is later. 
‘‘(2) This subsection applies in the case of any em-
ployee who— 
‘‘(A) is a member of a reserve component of the 
armed forces called or ordered to active duty under 
a call or order that does not specify a period of 30 
days or less; and 
‘‘(B) enters on approved leave without pay to 
perform active duty pursuant to such call or order.’’. 
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSE-
HOLD EFFECTS, AND PERSONAL PROPERTY 
TO FORMER HOME FOLLOWING DEATH OF 
FEDERAL EMPLOYEE WHERE DEATH RE-
SULTED 
FROM 
DISEASE 
OR 
INJURY 
IN-
CURRED IN THE CENTRAL COMMAND AREA 
OF RESPONSIBILITY. 
(a) IN GENERAL.—Paragraph (2) of section 5742(b) 
of title 5, United States Code, is amended to read as fol-
lows: 
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‘‘(2) the expense of transporting his depend-
ents, including expenses of packing, crating, draying, 
and transporting household effects and other per-
sonal property to his former home or such other 
place as is determined by the head of the agency 
concerned, if— 
‘‘(A) the employee died while performing 
official duties outside the continental United 
States or in transit thereto or therefrom; or 
‘‘(B) in the case of an employee who was 
a party to a mandatory mobility agreement that 
was in effect when the employee died— 
‘‘(i) the employee died in the cir-
cumstances described in subparagraph (A); 
or 
‘‘(ii)(I) the employee died as a result 
of disease or injury incurred while per-
forming official duties— 
‘‘(aa) in an overseas location 
that, at the time such employee was 
performing such official duties, was 
within the area of responsibility of the 
Commander of the United States Cen-
tral Command; and 
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‘‘(bb) in direct support of or di-
rectly related to a military operation, 
including a contingency operation (as 
defined in section 101(13) of title 10) 
or an operation in response to an 
emergency declared by the President; 
and 
‘‘(II) the employee’s dependents were 
residing either outside the continental 
United States or within the continental 
United States when the employee died; 
and’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to deaths occurring 
on or after the date of the enactment of this Act. 
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 
ASSIGNED 
ON 
DEPLOYMENT 
TEMPORARY 
CHANGE OF STATION. 
(a) AUTHORITY.—Subchapter II of chapter 57 of title 
5, United States Code, is amended by inserting after sec-
tion 5737 the following: 
‘‘§ 5737a. Employees temporarily deployed in contin-
gency operations 
‘‘(a) DEFINITIONS.—For purposes of this section— 
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864 
‘‘(1) the term ‘covered employee’ means an indi-
vidual who— 
‘‘(A) is an employee of an Executive agen-
cy or a military department, excluding a Gov-
ernment controlled corporation; and 
‘‘(B) is assigned on a temporary change of 
station in support of a contingency operation; 
‘‘(2) the term ‘temporary change of station’, as 
used with respect to an employee, means an assign-
ment— 
‘‘(A) from the employee’s official duty sta-
tion to a temporary duty station; and 
‘‘(B) for which such employee is eligible for 
expenses under section 5737; and 
‘‘(3) the term ‘contingency operation’ has the 
meaning given such term by section 1482a(c) of title 
10. 
‘‘(b) QUARTERS
AND RATIONS.—The head of an 
agency may provide quarters and rations, without charge, 
to any covered employee of such agency during the period 
of such employee’s temporary assignment (as described in 
subsection (a)(1)(B)). 
‘‘(c) STORAGE OF MOTOR VEHICLE.—The head of an 
agency may provide for the storage, without charge, or 
for the reimbursement of the cost of storage, of a motor 
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vehicle that is owned or leased by a covered employee of 
such agency (or by a dependent of such an employee) and 
that is for the personal use of the covered employee. This 
subsection shall apply— 
‘‘(1) with respect to storage during the period 
of the employee’s temporary assignment (as de-
scribed in subsection (a)(1)(B)); and 
‘‘(2) in the case of a covered employee, with re-
spect to not more than one motor vehicle as of any 
given time. 
‘‘(d) RELATIONSHIP
TO OTHER BENEFITS.—Any 
benefits under this section shall be in addition to (and not 
in lieu of) any other benefits for which the covered em-
ployee is otherwise eligible.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 57 of such title is amended by inserting after 
the item relating to section 5737 the following: 
‘‘5737a. Employees temporarily deployed in contingency operations.’’. 
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL 
EMPLOYEES. 
(a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 
title 5, United States Code, is amended by inserting after 
section 8102 the following: 
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‘‘§ 8102a. Death gratuity for injuries incurred in con-
nection with employee’s service with an 
Armed Force 
‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 
States shall pay a death gratuity of up to $100,000 to 
or for the survivor prescribed by subsection (d) imme-
diately upon receiving official notification of the death of 
an employee who dies of injuries incurred in connection 
with the employee’s service with an Armed Force in a con-
tingency operation. 
‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 
At the discretion of the Secretary concerned, subsection 
(a) may apply in the case of an employee who died, on 
or after October 7, 2001, and before the date of enactment 
of this section, as a result of injuries incurred in connec-
tion with the employee’s service with an Armed Force in 
the theater of operations of Operation Enduring Freedom 
or Operation Iraqi Freedom. 
‘‘(c) RELATIONSHIP
TO OTHER BENEFITS.—The 
death gratuity payable under this section shall be reduced 
by the amount of any death gratuity provided under sec-
tion 413 of the Foreign Service Act of 1980, section 1603 
of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Hurricane Recov-
ery, 2006, or any other law of the United States based 
on the same death. 
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‘‘(d) ELIGIBLE SURVIVORS.— 
‘‘(1) Subject to paragraph (5), a death gratuity 
payable upon the death of a person covered by sub-
section (a) shall be paid to or for the living survivor 
highest on the following list: 
‘‘(A) The employee’s surviving spouse. 
‘‘(B) The employee’s children, as pre-
scribed by paragraph (2), in equal shares. 
‘‘(C) If designated by the employee, any 
one or more of the following persons: 
‘‘(i) The employee’s parents or per-
sons in loco parentis, as prescribed by 
paragraph (3). 
‘‘(ii) The employee’s brothers. 
‘‘(iii) The employee’s sisters. 
‘‘(D) The employee’s parents or persons in 
loco parentis, as prescribed by paragraph (3), 
in equal shares. 
‘‘(E) The employee’s brothers and sisters 
in equal shares. 
Subparagraphs (C) and (E) of this paragraph in-
clude brothers and sisters of the half blood and 
those through adoption. 
‘‘(2) Paragraph (1)(B) applies, without regard 
to age or marital status, to— 
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‘‘(A) legitimate children; 
‘‘(B) adopted children; 
‘‘(C) stepchildren who were a part of the 
decedent’s household at the time of death; 
‘‘(D) illegitimate children of a female dece-
dent; and 
‘‘(E) illegitimate children of a male dece-
dent— 
‘‘(i) who have been acknowledged in 
writing signed by the decedent; 
‘‘(ii) who have been judicially deter-
mined, before the decedent’s death, to be 
his children; 
‘‘(iii) who have been otherwise proved, 
by evidence satisfactory to the employing 
agency, to be children of the decedent; or 
‘‘(iv) to whose support the decedent 
had been judicially ordered to contribute. 
‘‘(3) Subparagraphs (C) and (D) of paragraph 
(1), so far as they apply to parents and persons in 
loco parentis, include fathers and mothers through 
adoption, and persons who stood in loco parentis to 
the decedent for a period of not less than one year 
at any time before the decedent became an em-
ployee. However, only one father and one mother, or 
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their counterparts in loco parentis, may be recog-
nized in any case, and preference shall be given to 
those who exercised a parental relationship on the 
date, or most nearly before the date, on which the 
decedent became an employee. 
‘‘(4) Beginning on the date of the enactment of 
this paragraph, a person covered by this section may 
designate another person to receive not more than 
50 percent of the amount payable under this section. 
The designation shall indicate the percentage of the 
amount, to be specified only in 10 percent incre-
ments up to the maximum of 50 percent, that the 
designated person may receive. The balance of the 
amount of the death gratuity shall be paid to or for 
the living survivors of the person concerned in ac-
cordance with subparagraphs (A) through (E) of 
paragraph (1). 
‘‘(5) If a person entitled to all or a portion of 
a death gratuity under paragraph (1) or (4) dies be-
fore the person receives the death gratuity, it shall 
be paid to the living survivor next in the order pre-
scribed by paragraph (1). 
‘‘(e) DEFINITIONS.—(1) The term ‘contingency oper-
ation’ has the meaning given to that term in section 
1482a(c) of title 10, United States Code. 
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870 
‘‘(2) The term ‘employee’ has the meaning provided 
in section 8101 of this title, but also includes a non-
appropriated fund instrumentality employee, as defined in 
section 1587(a)(1) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 81 of such title is amended 
by inserting after the item relating to section 8102 the 
following: 
‘‘8102a. Death gratuity for injuries incurred in connection with employee’s serv-
ice with an Armed Force.’’. 
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY 
PERSONNEL SYSTEM. 
(a) IN GENERAL.—Section 9902 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 9902. Establishment of human resources manage-
ment system 
‘‘(a) IN GENERAL.—The Secretary may, in regula-
tions prescribed jointly with the Director, establish, and 
from time to time adjust, a human resources management 
system for some or all of the organizational or functional 
units of the Department of Defense. The human resources 
management system established under authority of this 
section shall be referred to as the ‘National Security Per-
sonnel System’. 
‘‘(b) SYSTEM REQUIREMENTS.—Any system estab-
lished under subsection (a) shall— 
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871 
‘‘(1) be flexible; 
‘‘(2) be contemporary; 
‘‘(3) not waive, modify, or otherwise affect— 
‘‘(A) the public employment principles of 
merit and fitness set forth in section 2301, in-
cluding the principles of hiring based on merit, 
fair treatment without regard to political affili-
ation or other nonmerit considerations, equal 
pay for equal work, and protection of employees 
against reprisal for whistleblowing; 
‘‘(B) any provision of section 2302, relat-
ing to prohibited personnel practices; 
‘‘(C)(i) any provision of law referred to in 
section 2302(b)(1), (8), and (9); or 
‘‘(ii) any provision of law implementing 
any provision of law referred to in section 
2302(b)(1), (8), and (9) by— 
‘‘(I) providing for equal employment 
opportunity through affirmative action; or 
‘‘(II) providing any right or remedy 
available to any employee or applicant for 
employment in the public service; 
‘‘(D) any other provision of this part (as 
described in subsection (d)); or 
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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. 
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‘‘(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.— 
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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; 
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‘‘(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 
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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 
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‘‘(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. 
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‘‘(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 
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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 
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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. 
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‘‘(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 
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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-
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884 
other retirement system for employees of the 
Federal Government; 
‘‘(B) an employee having a disability on 
the basis of which such employee is or would be 
eligible for disability retirement under any of 
the retirement systems referred to in subpara-
graph (A); or 
‘‘(C) for purposes of eligibility for separa-
tion incentives under this section, an employee 
who is in receipt of a decision notice of involun-
tary separation for misconduct or unacceptable 
performance. 
‘‘(4) An employee who is at least 50 years of 
age and has completed 20 years of service, or has 
at least 25 years of service, may, pursuant to regula-
tions promulgated under this section, apply and be 
retired from the Department of Defense and receive 
benefits in accordance with chapter 83 or 84 if the 
employee has been employed continuously within the 
Department of Defense for more than 30 days be-
fore the date on which the determination to conduct 
a reduction or restructuring within 1 or more De-
partment of Defense components is approved. 
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‘‘(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 
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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-
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887 
cial may waive the repayment if the individual in-
volved possesses unique abilities and is the only 
qualified applicant available for the position. If the 
employment is with the judicial branch, the Director 
of the Administrative Office of the United States 
Courts may waive the repayment if the individual in-
volved possesses unique abilities and is the only 
qualified applicant available for the position. 
‘‘(7) Under this program, early retirement and 
separation pay may be offered only pursuant to reg-
ulations established by the Secretary, subject to such 
limitations or conditions as the Secretary may re-
quire. 
‘‘(h) PROVISIONS RELATING TO REEMPLOYMENT.— 
‘‘(1) Except as provided under paragraph (2), 
if an annuitant receiving an annuity from the Civil 
Service Retirement and Disability Fund becomes 
employed in a position within the Department of De-
fense, his annuity shall continue. An annuitant so 
reemployed shall not be considered an employee for 
purposes of subchapter III of chapter 83 or chapter 
84. 
‘‘(2)(A) An annuitant retired under section 
8336(d)(1) or 8414(b)(1)(A) receiving an annuity 
from the Civil Service Retirement and Disability 
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888 
Fund, who becomes employed in a position within 
the Department of Defense after the date of enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136), may elect 
to be subject to section 8344 or 8468 (as the case 
may be). 
‘‘(B) An election for coverage under this para-
graph shall be filed not later than the later of 90 
days after the date the Department of Defense— 
‘‘(i) prescribes regulations to carry out this 
subsection; or 
‘‘(ii) takes reasonable actions to notify em-
ployees who may file an election. 
‘‘(C) If an employee files an election under this 
paragraph, coverage shall be effective beginning on 
the first day of the first applicable pay period begin-
ning on or after the date of the filing of the election. 
‘‘(D) Paragraph (1) shall apply to an individual 
who is eligible to file an election under subparagraph 
(A) and does not file a timely election under sub-
paragraph (B). 
‘‘(3) The Secretary shall prescribe regulations 
to carry out this subsection. 
‘‘(i) ADDITIONAL PROVISIONS RELATING TO PER-
SONNEL MANAGEMENT.— 
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889 
‘‘(1) Subject to the requirements of chapter 71 
and the limitations in subsection (b)(3), the Sec-
retary of Defense, in establishing and implementing 
the National Security Personnel System under sub-
section (a), shall not be limited by any provision of 
this title or any rule or regulation prescribed under 
this title in establishing and implementing regula-
tions relating to— 
‘‘(A) the methods of establishing qualifica-
tion requirements for, recruitment for, and ap-
pointments to positions; and 
‘‘(B) the methods of assigning, reas-
signing, detailing, transferring, or promoting 
employees. 
‘‘(2) In implementing this subsection, the Sec-
retary shall comply with the provisions of section 
2302(b)(11), regarding veterans’ preference require-
ments, as provided for in subsection (b)(3). 
‘‘(j) PHASE-IN.—The Secretary may not, in any cal-
endar year, add any organizational or functional unit to 
the National Security Personnel System which would 
cause the total number of employees added to such System 
in such year to exceed 100,000.’’. 
(b) IMPLEMENTATION.— 
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(1) The requirements of section 9902 of title 5, 
United States Code, as amended by this section, 
may be implemented through rules promulgated 
jointly by the Secretary of Defense and the Director 
of the Office of Personnel Management after notice 
and opportunity for public comment or through De-
partment of Defense rules or internal agency imple-
menting issuances. Rules promulgated jointly by the 
Secretary and the Director under this paragraph 
shall be treated as major rules for the purposes of 
section 801 of title 5, United States Code. 
(2) Both rules and implementing issuances shall 
be subject to collective bargaining consistent with 
the requirements of chapter 71 of title 5, United 
States Code. Rules promulgated jointly by the Sec-
retary of Defense and the Director of the Office of 
Personnel Management after notice and opportunity 
for public comment and in accordance with the re-
quirements of section 801 of such title 5 for a major 
rule shall be treated in the same manner as govern-
ment-wide rules for the purpose of such collective 
bargaining, if such rules are uniformly applicable to 
all organizational or functional units included in the 
National Security Personnel System. 
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891 
(3) Any rules and implementing issuances that 
were adopted prior to the date of the enactment of 
this Act— 
(A) shall be invalid to the extent that they 
are inconsistent with the requirements of sec-
tion 9902 of title 5, United States Code, as 
amended by this section; 
(B) shall not supersede a collective bar-
gaining agreement that was in place prior to 
the date on which the rule or implementing 
issuance was promulgated; and 
(C) shall be subject to collective bar-
gaining— 
(i) in the case of rules which are uni-
formly applicable to all organizational or 
functional units included in the National 
Security Personnel System and issued 
jointly by the Secretary of Defense and the 
Director of the Office of Personnel Man-
agement pursuant to subsection 9902(f)(1) 
of title 5, United States Code (as in effect 
prior to the enactment of this section), 
only as to impact and implementation, 
when applied to employees of the Depart-
ment of Defense from any bargaining unit; 
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892 
(ii) in the case of any other rules or 
implementing issuances, to the extent pro-
vided in chapter 71 of title 5, United 
States Code. 
(4) The availability of judicial review of any 
rules or implementing issuances that were adopted 
prior to the date of the enactment of this Act shall 
not be affected by the enactment of this section. 
(c) COMPTROLLER GENERAL REVIEWS.— 
(1) The Comptroller General shall conduct an-
nual reviews in calendar years 2008, 2009 and 2010 
of— 
(A) employee satisfaction with the Na-
tional Security Personnel System established 
pursuant to section 9902 of title 5, United 
States Code, as amended by this section; and 
(B) the extent to which the Department of 
Defense has effectively implemented account-
ability mechanisms, including those established 
in section 9902(b)(7) of title 5, United States 
Code, and internal safeguards for the National 
Security Personnel System. 
(2) To the extent that the Department of De-
fense undertakes internal assessments or employee 
surveys to assess employee satisfaction with the Na-
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893 
tional Security Personnel System in any such cal-
endar year, the Comptroller General shall— 
(A) determine whether such assessments or 
surveys are appropriately designed and statis-
tically valid; and 
(B) provide an independent evaluation of 
the results of such assessments or surveys. 
(3) To the extent that the Department of De-
fense does not undertake appropriately designed and 
statistically valid employee surveys, the Comptroller 
General shall conduct such a survey and provide an 
independent evaluation of the results. 
(4) The Comptroller General shall report the 
results of each annual review conducted under this 
subsection to the Committees on Armed Services of 
the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives. 
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF 
PERSONNEL DEMONSTRATION PROJECT. 
(a) REQUIREMENT.—The Secretary of Defense shall 
take all necessary actions to fully implement and use the 
authorities provided to the Secretary under section 342(b) 
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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 
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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;’’. 
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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 
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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. 
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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-
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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 
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such event and the return of the employee from such event 
to the employee’s official duty station).’’. 
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PER-
SONNEL. 
(a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR 
TRAVEL.—Section 5550b(a) of title 5, United States 
Code, is amended by striking ‘‘section 5542(b)(2),’’ and 
inserting ‘‘any provision of section 5542(b)(2) or 
5544(a),’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
5541(2)(xi) of such title is amended by striking ‘‘section 
5544’’ and inserting ‘‘section 5544 or 5550b’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the earlier of— 
(1) the effective date of any regulations pre-
scribed to carry out such amendments; or 
(2) the 90th day after the date of the enact-
ment of this Act. 
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 
LEVEL EMPLOYEES. 
Section 6304(f)(1) of title 5, United States Code, is 
amended— 
(1) in the matter before subparagraph (A), by 
striking ‘‘in a position in—’’ and inserting ‘‘in—’’; 
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(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).’’. 
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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 
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(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 
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(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 
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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. 
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(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. 
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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. 
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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.— 
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‘‘(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 
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‘‘(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’’. 
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(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 
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from the assigned headquarters to one or more loca-
tions.’’. 
(c) DEFINITION.—Subsection (d) of such section is 
amended— 
(1) by striking ‘‘(d) DEFINITIONS.—’’ and all 
that follows through ‘‘(1) The term’’ and inserting 
‘‘(d) DEFINITION.—In this section, the term’’; and 
(2) by striking paragraph (2). 
(d) EXPIRATION OF AUTHORITY.—Such section is 
further amended by striking subsection (e). 
(e) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) The heading for such section is amended to read as 
follows: 
‘‘§ 1051a. Liaison officers of certain foreign nations; 
administrative 
services 
and 
support; 
travel, subsistence, medical care, and 
other personal expenses’’. 
(2) The table of sections at the beginning of chapter 
53 of title 10, United States Code, is amended by striking 
the item relating to section 1051a and inserting the fol-
lowing: 
‘‘1051a. Liaison officers of certain foreign nations; administrative services and 
support; travel, subsistence, medical care, and other personal 
expenses.’’. 
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SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT 
OF DEFENSE AUTHORITY TO PARTICIPATE IN 
MULTINATIONAL MILITARY CENTERS OF EX-
CELLENCE. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of 
section 1205 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109– 
364; 1202 Stat. 2416) is amended by striking ‘‘fiscal year 
2007’’ and inserting ‘‘fiscal years 2007 and 2008’’. 
(b) LIMITATION ON AMOUNTS AVAILABLE FOR PAR-
TICIPATION.—Subsection (e) of such section is amended 
by striking paragraph (2) and inserting the following new 
paragraph: 
‘‘(2) LIMITATION
ON
AMOUNT.—The amount 
available under paragraph (1)(A) for the expenses 
referred to in that paragraph may not exceed— 
‘‘(A) in fiscal year 2007, $3,000,000; and 
‘‘(B) in fiscal year 2008, $5,000,000.’’. 
(c) REPORTS.—Subsection (g) of such section is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and October 31, 2008,’’ 
after ‘‘October 31, 2007,’’; and 
(B) by striking ‘‘fiscal year 2007’’ and in-
serting ‘‘fiscal years 2007 and 2008’’; and 
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(2) in paragraph (2)(A), by striking ‘‘during 
fiscal year 2007’’ and inserting ‘‘during the pre-
ceding fiscal year’’. 
SEC. 1205. REAUTHORIZATION OF COMMANDERS’ EMER-
GENCY RESPONSE PROGRAM. 
(a) AUTHORITY.—Subsection (a) of section 1202 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3455–3456) is 
amended— 
(1) in the heading, by striking ‘‘FISCAL YEARS 
2006 AND 2007’’ and inserting ‘‘FISCAL YEARS 
2008 AND 2009’’; and 
(2) in the matter preceding paragraph (1)— 
(A) by striking ‘‘fiscal years 2006 and 
2007’’ and inserting ‘‘fiscal years 2008 and 
2009’’; and 
(B) by striking ‘‘$500,000,000’’ and in-
serting ‘‘$977,441,000’’. 
(b) QUARTERLY REPORTS.—Subsection (b) of such 
section is amended by striking ‘‘fiscal years 2006 and 
2007’’ and inserting ‘‘fiscal years 2008 and 2009’’. 
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE 
PAKISTAN FRONTIER CORPS. 
(a) AUTHORITY.—The Secretary of Defense, with the 
concurrence of the Secretary of State, is authorized during 
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fiscal year 2008 to provide assistance to enhance the abil-
ity of the Pakistan Frontier Corps to conduct 
counterterrorism operations along the border between 
Pakistan and Afghanistan. 
(b) TYPES OF ASSISTANCE.— 
(1) 
AUTHORIZED
ELEMENTS.—Assistance 
under subsection (a) may include the provision of 
equipment, supplies, and training. 
(2) REQUIRED
ELEMENTS.—Assistance under 
subsection (a) shall be provided in a manner that 
promotes— 
(A) observance of and respect for human 
rights and fundamental freedoms; and 
(B) respect for legitimate civilian authority 
within Pakistan. 
(c) LIMITATIONS.— 
(1) FUNDING LIMITATION.—The Secretary of 
Defense may use up to $75,000,000 of funds avail-
able to the Department of Defense for operation and 
maintenance for fiscal year 2008 to provide the as-
sistance under subsection (a). 
(2) ASSISTANCE
OTHERWISE
PROHIBITED
BY 
LAW.—The Secretary of Defense may not use the 
authority in subsection (a) to provide any type of as-
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sistance described in subsection (b) that is otherwise 
prohibited by any provision of law. 
(d) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not less than 15 days before 
providing assistance under subsection (a), the Sec-
retary of Defense shall submit to the congressional 
committees specified in paragraph (2) a notice of the 
following: 
(A) The budget, types of assistance, and 
completion date for providing the assistance 
under subsection (a). 
(B) The source and planned expenditure of 
funds for the assistance under subsection (a). 
(2) 
SPECIFIED
CONGRESSIONAL
COMMIT-
TEES.—The congressional committees specified in 
this paragraph are the following: 
(A) The Committee on Armed Services, the 
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate. 
(B) The Committee on Armed Services, 
the Committee on Foreign Affairs, and the 
Committee on Appropriations of the House of 
Representatives. 
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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. 
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‘‘(d) LIMITATION.—The amount of assistance pro-
vided under this section in any fiscal year may not exceed 
$1,000,000. 
‘‘(e) CONSTRUCTION WITH OTHER ASSISTANCE.— 
The authority to provide assistance under this section is 
in addition to any other authority to provide assistance 
to foreign nations under law. 
‘‘(f) ANNUAL REPORTS.—(1) Not later than Decem-
ber 31 each year, the Secretary of Defense shall submit 
to the congressional defense committees a report on the 
assistance provided under this section during the fiscal 
year ending in such year. 
‘‘(2) Each report under paragraph (1) shall include, 
for the fiscal year covered by such report, the following: 
‘‘(A) A listing of each foreign nation provided 
assistance under this section. 
‘‘(B) For each nation so provided assistance, a 
description of the type and amount of such assist-
ance.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 20 of such title is amended 
by adding at the end the following new item: 
‘‘408. Equipment and training of foreign personnel to assist in Department of 
Defense accounting for missing United States Government per-
sonnel.’’. 
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SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTI-
FICATION SYSTEM DATA ON MARITIME SHIP-
PING TO FOREIGN COUNTRIES AND INTER-
NATIONAL ORGANIZATIONS. 
(a) AUTHORITY TO PROVIDE DATA.—The Secretary 
of Defense, with the concurrence of the Secretary of State, 
may authorize the Secretary of a military department or 
a commander of a combatant command to exchange or 
furnish automatic identification system data broadcast by 
merchant or private ships and collected by the United 
States to a foreign country or international organization 
pursuant to an agreement for the exchange or production 
of such data. Such data may be transferred pursuant to 
this section without cost to the recipient country or inter-
national organization. 
(b) DEFINITIONS.—In this section: 
(1) AUTOMATIC IDENTIFICATION SYSTEM.—The 
term ‘‘automatic identification system’’ means a sys-
tem that is used to satisfy the requirements of the 
Automatic Identification System under the Inter-
national Convention for the Safety of Life at Sea, 
signed at London on November 1, 1974 (TIAS 
9700). 
(2) GEOGRAPHIC
COMBATANT
COMMANDER.— 
The term ‘‘commander of a combatant command’’ 
means a commander of a combatant command (as 
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such term is defined in section 161(c) of title 10, 
United States Code) with a geographic area of re-
sponsibility. 
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED 
PROGRAMS CARRIED OUT BY THE DEPART-
MENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate congressional 
committees a report that specifies, on a country-by-coun-
try basis, each foreign-assistance related program carried 
out by the Department of Defense during the prior fiscal 
year under the authorities described in subsection (b). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include— 
(1) a description of the dollar amount, type of 
support, and purpose of each foreign–assistance re-
lated program carried out by the Department of De-
fense under— 
(A) section 1206 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3456), relating to au-
thority to build the capacity of foreign military 
forces; 
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(B) section 1207 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3458), relating to au-
thority to provide security and stabilization as-
sistance to foreign countries; 
(C) section 1208 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3459), relating to au-
thority to reimburse certain coalition nations 
for support provided to United States military 
operations; 
(D) section 1033 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public 
Law 105–85; 111 Stat. 1881), relating to au-
thority to provide additional support for 
counter-drug activities of Peru and Colombia; 
(E) section 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 374 note), relating to 
additional support for counter-drug activities; 
(F) section 127d of title 10, United States 
Code, relating to authority to provide logistic 
support, supplies, and services to allied forces 
participating in a combined operation with the 
Armed Forces; 
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(G) section 2249c of title 10, United 
States Code, relating to authority to use appro-
priated funds for costs associated with edu-
cation and training of foreign officials under 
the Regional Defense Combating Terrorism 
Fellowship Program; and 
(H) section 2561 of title 10, United States 
Code, relating to authority to provide humani-
tarian assistance; and 
(2) a description of each foreign-assistance re-
lated program that the Department of Defense un-
dertakes or implements on behalf of any other de-
partment or agency of the United States Govern-
ment, including programs under the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.). 
(c) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
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Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Relations of the Senate. 
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY 
FOR SECURITY AND STABILIZATION ASSIST-
ANCE. 
(a) PROGRAM FOR ASSISTANCE.—Section 1207 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3458) is amend-
ed— 
(1) by redesignating subsections (d), (e), and 
(f) as subsections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) FORMULATION AND IMPLEMENTATION OF PRO-
GRAM FOR ASSISTANCE.—The Secretary of State shall co-
ordinate with the Secretary of Defense in the formulation 
and implementation of a program of reconstruction, secu-
rity, or stabilization assistance to a foreign country that 
involves the provision of services or transfer of defense ar-
ticles or funds under subsection (a).’’. 
(b) ONE-YEAR EXTENSION.—Subsection (g) of such 
section, as redesignated by subsection (a) of this section, 
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is amended by striking ‘‘September 30, 2007’’ and insert-
ing ‘‘September 30, 2008’’. 
SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT ON GLOBAL PEACE OPERATIONS INI-
TIATIVE. 
(a) REPORT REQUIRED.—Not later than June 1, 
2008, the Comptroller General of the United States shall 
submit to the congressional defense committees, the Com-
mittee on Foreign Relations of the Senate, and the Com-
mittee on Foreign Affairs of the House of Representatives 
a report assessing the Global Peace Operations Initiative. 
(b) CONTENT.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of whether, and to what ex-
tent, the Global Peace Operations Initiative has met 
the goals set by the President at the inception of the 
program in 2004. 
(2) Which goals, if any, remain unfulfilled. 
(3) A description of activities conducted by each 
member state of the Group of Eight (G–8), includ-
ing the approximate cost of the activities, and the 
approximate percentage of the total monetary value 
of the activities conducted by each G–8 member, in-
cluding the United States, as well as efforts by the 
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President to seek contributions or participation by 
other G–8 members. 
(4) A description of any activities conducted by 
non-G–8 members, or other organizations and insti-
tutions, as well as any efforts by the President to so-
licit contributions or participation. 
(5) A description of the extent to which the 
Global Peace Operations Initiative has had global 
participation. 
(6) A description of the administration of the 
program by the Department of State and Depart-
ment of Defense, including— 
(A) whether each Department should con-
centrate administration in one office or bureau, 
and if so, which one; 
(B) the extent to which the two Depart-
ments coordinate and the quality of their co-
ordination; and 
(C) the extent to which contractors are 
used and an assessment of the quality and 
timeliness of the results achieved by the con-
tractors, and whether the United States Gov-
ernment might have achieved similar or better 
results without contracting out functions. 
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(7) A description of the metrics, if any, that are 
used by the President and the G–8 to measure 
progress in implementation of the Global Peace Op-
erations Initiative, including— 
(A) assessments of the quality and sustain-
ability of the training of individual soldiers and 
units; 
(B) the extent to which the G–8 and par-
ticipating countries maintain records or data-
bases of trained individuals and units and con-
duct inspections to measure and monitor the 
continued readiness of such individuals and 
units; 
(C) the extent to which the individuals and 
units are equipped and remain equipped to de-
ploy in peace operations; and 
(D) the extent to which, the timeline by 
which, and how individuals and units can be 
mobilized for peace operations. 
(8) The extent to which, the timeline by which, 
and how individuals and units can be and are being 
deployed to peace operations. 
(9) An assessment of whether individuals and 
units trained under the Global Peace Operations Ini-
tiative have been utilized in peace operations subse-
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quent to receiving training under the Initiative, 
whether they will be deployed to upcoming oper-
ations in Africa and elsewhere, and the extent to 
which such individuals and units would be prepared 
to deploy and participate in such peace operations. 
(10) Recommendations as to whether participa-
tion in the Global Peace Operations Initiative should 
require reciprocal participation by countries in peace 
operations. 
(11) Any additional measures that could be 
taken to enhance the effectiveness of the Global 
Peace Operations Initiative in terms of— 
(A) achieving its stated goals; and 
(B) ensuring that individuals and units 
trained as part of the Initiative are regularly 
participating in peace operations. 
(c) FORM.—To the maximum extent practicable, the 
report required under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex, 
if necessary. 
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SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSIST-
ANCE 
UNDER 
THE 
AMERICAN 
SERVICEMEMBERS’ 
PROTECTION 
ACT 
OF 
2002. 
(a) REPEAL OF LIMITATIONS.—Section 2007 of the 
American Servicemembers’ Protection Act of 2002 (22 
U.S.C. 7426) is repealed. 
(b) CONFORMING AMENDMENTS.—Such Act is fur-
ther amended— 
(1) in section 2003 (22 U.S.C. 7422)— 
(A) in subsection (a)— 
(i) in the heading, by striking ‘‘SEC-
TIONS 5 AND 7’’ and inserting ‘‘SECTION 
2005’’; and 
(ii) by striking ‘‘sections 2005 and 
2007’’ and inserting ‘‘section 2005’’; 
(B) in subsection (b)— 
(i) in the heading, by striking ‘‘SEC-
TIONS 5 AND 7’’ and inserting ‘‘SECTION 
2005’’; and 
(ii) by striking ‘‘sections 2005 and 
2007’’ and inserting ‘‘section 2005’’; 
(C) in subsection (c)(2)(A), by striking 
‘‘sections 2005 and 2007’’ and inserting ‘‘sec-
tion 2005’’; 
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(D) in subsection (d), by striking ‘‘sections 
2005 and 2007’’ and inserting ‘‘section 2005’’; 
and 
(E) in subsection (e), by striking ‘‘2006, 
and 2007’’ and inserting ‘‘and 2006’’; and 
(2) in section 2013 (22 U.S.C. 7432), by strik-
ing paragraph (13). 
Subtitle B—Matters Relating to 
Iraq and Afghanistan 
SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO 
THE OFFICE OF THE SPECIAL INSPECTOR 
GENERAL FOR IRAQ RECONSTRUCTION. 
(a) PURPOSES.—Subsection (a)(1) of section 3001 of 
the Emergency Supplemental Appropriations Act for De-
fense and for the Reconstruction of Iraq and Afghanistan, 
2004 (Public Law 108–106; 117 Stat. 1234–1238; 5 
U.S.C. App., note to section 8G of Public Law 95–452) 
is amended by striking ‘‘to the Iraq Relief and Reconstruc-
tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 
(b) ASSISTANT INSPECTORS GENERAL.—Subsection 
(d)(1) of such section is amended by striking ‘‘the Iraq 
Relief and Reconstruction Fund’’ and inserting ‘‘amounts 
appropriated or otherwise made available for the recon-
struction of Iraq’’. 
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(c) SUPERVISION.—Subsection (e)(2) of such section 
is amended by striking ‘‘the Iraq Relief and Reconstruc-
tion Fund’’ and inserting ‘‘amounts appropriated or other-
wise made available for the reconstruction of Iraq’’. 
(d) DUTIES.—Subsection (f)(1) of such section is 
amended by striking ‘‘to the Iraq Relief and Reconstruc-
tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 
(e) PERSONNEL, FACILITIES, AND
OTHER
RE-
SOURCES.—Subsection (h) of such section is amended— 
(1) in paragraph (1), by inserting after ‘‘pay 
rates’’ the following: ‘‘, and may exercise the au-
thorities of subsections (b) through (i) of section 
3161 of title 5, United States Code (without regard 
to subsection (a) of such section)’’; and 
(2) in paragraph (3), by striking ‘‘my enter’’ 
and inserting ‘‘may enter’’. 
(f) REPORTS.—Subsection (i) of such section is 
amended by striking ‘‘to the Iraq Relief and Reconstruc-
tion Fund’’ each place it appears and inserting ‘‘for the 
reconstruction of Iraq’’. 
(g) DEFINITIONS.—Subsection (m) of such section is 
amended— 
(1) in the heading, by striking ‘‘APPROPRIATE 
COMMITTEES OF CONGRESS DEFINED’’ and insert-
ing ‘‘DEFINITIONS’’; 
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(2) by striking ‘‘In this section, the term’’ and 
inserting the following: ‘‘In this section— 
‘‘(1) the term’’; 
(3) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(4) in paragraph (1)(B) (as redesignated by 
paragraph (3) of this subsection), by striking ‘‘and 
International Relations’’ and inserting ‘‘Foreign Af-
fairs, and Oversight and Government Reform’’; 
(5) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(6) by adding at the end the following: 
‘‘(2) the term ‘amounts appropriated or other-
wise made available for the reconstruction of Iraq’ 
means amounts appropriated or otherwise made 
available for any fiscal year— 
‘‘(A) to the Iraq Relief and Reconstruction 
Fund, the Iraq Security Forces Fund, and the 
Commanders’ Emergency Response Program 
authorized under section 1202 of the National 
Defense Authorization for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3455–3456); 
or 
‘‘(B) for assistance for the reconstruction 
of Iraq under— 
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‘‘(i) the Economic Support Fund au-
thorized under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2346 et seq.); 
‘‘(ii) the International Narcotics Con-
trol and Law Enforcement account author-
ized under section 481 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2291); or 
‘‘(iii) any other provision of law.’’. 
(h) TERMINATION DATE.—Subsection (o) of such 
section is amended— 
(1) in paragraph (1), to read as follows: 
‘‘(1) The Office of the Inspector General shall termi-
nate 180 days after the date on which amounts appro-
priated or otherwise made available for the reconstruction 
of Iraq that are unexpended are less than $250,000,000.’’; 
and 
(2) in paragraph (2)— 
(A) by striking ‘‘funds deemed to be’’; and 
(B) by striking ‘‘to the Iraq Relief and Re-
construction Fund’’ and inserting ‘‘for the re-
construction of Iraq’’. 
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SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization 
of appropriations in this Act may be obligated or expended 
for a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control of the oil 
resources of Iraq. 
SEC. 1223. REPORT ON UNITED STATES POLICY AND MILI-
TARY OPERATIONS IN IRAQ. 
(a) REPORT.— 
(1) IN
GENERAL.—Subsection (c) of section 
1227 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3465; 50 U.S.C. 1541 note) is amended— 
(A) in paragraph (2), by striking ‘‘Iraq.’’ 
and inserting the following: ‘‘Iraq, including— 
‘‘(A) enacting a broadly-accepted hydro-
carbon law that equitably shares revenue among 
all Iraqis; 
‘‘(B) adopting laws necessary for the con-
duct of provincial and local elections, taking 
steps to implement such laws, and setting a 
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schedule to conduct provincial and local elec-
tions; 
‘‘(C) reforming current laws governing the 
de-Baathification process in a manner that en-
courages national reconciliation; 
‘‘(D) amending the Constitution of Iraq in 
a manner that encourages national reconcili-
ation; 
‘‘(E) allocating and beginning expenditure 
of $10 billion in Iraqi revenues for reconstruc-
tion projects, including delivery of essential 
services, and implementing such reconstruction 
projects on an equitable basis; and 
‘‘(F) making significant efforts to plan and 
implement disarmament, demobilization, and re-
integration programs relating to Iraqi mili-
tias.’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) A detailed description of the Joint Cam-
paign Plan, or any subsequent revisions, updates, or 
documents that replace or supersede the Joint Cam-
paign Plan, including goals, phases, or other mile-
stones contained in the Joint Campaign Plan. Spe-
cifically, the description shall include the following: 
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‘‘(A) An explanation of conditions required 
to move through phases of the Joint Campaign 
Plan, in particular those conditions that must 
be met in order to provide for the transition of 
additional security responsibility to the Iraqi 
Security Forces, and the measurements used to 
determine progress. 
‘‘(B) An assessment of which conditions in 
the Joint Campaign Plan have been achieved 
and which conditions have not been achieved. 
The assessment of those conditions that have 
not been achieved shall include a discussion of 
the factors that have precluded progress. 
‘‘(C) A description of any companion or 
equivalent plan of the Government of Iraq used 
to measure progress for Iraqi Security Forces 
undertaking joint operations with Coalition 
Forces.’’; and 
(C) by adding at the end the following: 
‘‘(7) An assessment of the levels of United 
States Armed Forces required in Iraq for the six- 
month period following the date of the report, the 
missions to be undertaken by the Armed Forces in 
Iraq for such period, and the incremental costs or 
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savings of any proposed changes to such levels or 
missions. 
‘‘(8) A description of the range of conditions 
that could prompt changes to the levels of United 
States Armed Forces required in Iraq for the six- 
month period following the date of the report or the 
missions to be undertaken by the Armed Forces in 
Iraq for such period, including the status of plan-
ning for such changes to the levels or missions of the 
Armed Forces in Iraq.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to each re-
port required to be submitted to Congress under sec-
tion 1227(c) of the National Defense Authorization 
Act for Fiscal Year 2006 on or after the date of the 
enactment of this Act. 
(b) CONGRESSIONAL BRIEFINGS REQUIRED.—Such 
section is further amended by adding at the end the fol-
lowing: 
‘‘(d) CONGRESSIONAL BRIEFINGS REQUIRED.—Not 
later than 30 days after the submission of the first report 
under subsection (c) on or after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 
2008, the Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff shall meet with the congressional de-
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fense committees to brief such committees on the matters 
described in paragraphs (7) and (8) of subsection (c) con-
tained in the report. Not later than 30 days after the sub-
mission of each subsequent report under subsection (c), 
appropriate senior officials of the Department of Defense 
shall meet with the congressional defense committees to 
brief such committees on the matters described in para-
graphs (7) and (8) of subsection (c) contained in the re-
port.’’. 
SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PER-
FORMANCE INDICATORS AND MEASURES FOR 
PROGRESS TOWARD MILITARY AND POLIT-
ICAL STABILITY IN IRAQ. 
(a) REPORT.—Section 9010(c) of the Department of 
Defense Appropriations Act, 2007 (division A of Public 
Law 109–289; 120 Stat. 1307) is amended— 
(1) in paragraph (1)(B)— 
(A) by striking ‘‘and trends’’ and inserting 
‘‘trends’’; and 
(B) by adding at the end before the period 
the following: ‘‘, and progress made in the tran-
sition of responsibility for the security of Iraqi 
provinces to the Iraqi Security Forces under the 
Provincial Iraqi Control (PIC) process’’; and 
(2) in paragraph (2)— 
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(A) in subparagraph (C)(i), by adding at 
the end before the semicolon the following: ‘‘, 
without any support from Coalition Forces’’; 
(B) by redesignating subparagraphs (D) 
through (J) as subparagraphs (F) through (L), 
respectively; 
(C) by inserting after subparagraph (C) 
the following: 
‘‘(D) The amount and type of support pro-
vided by Coalition Forces to the Iraqi Security 
Forces at each level of operational readiness. 
‘‘(E) The number of Iraqi battalions in the 
Iraqi Army currently conducting operations and 
the type of operations being conducted.’’; 
(D) by redesignating subparagraphs (H) 
through (L) (as redesignated by subparagraph 
(B) of this paragraph) as subparagraphs (I) 
through (M), respectively; 
(E) by inserting after subparagraph (G) 
(as redesignated by subparagraph (B) of this 
paragraph) the following: 
‘‘(H) The level and effectiveness of the 
Iraqi Security Forces under the Ministry of De-
fense in provinces where the United States has 
formally transferred responsibility for the secu-
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rity of the province to the Iraqi Security Forces 
under the Provincial Iraqi Control (PIC) proc-
ess.’’; and 
(F) in subparagraph (I) (as redesignated 
by subparagraphs (B) and (D) of this para-
graph)— 
(i) in clause (iv), by striking ‘‘and’’ at 
the end; 
(ii) in clause (v), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) the level and effectiveness of the 
Iraqi Police and other Ministry of Interior 
Forces in provinces where the United 
States has formally transferred responsi-
bility for the security of the province to the 
Iraqi Security Forces under the Provincial 
Iraqi Control (PIC) process.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to each report re-
quired to be submitted to Congress under section 9010 
of the Department of Defense Appropriations Act, 2007 
on or after the date of the enactment of this Act. 
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SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS 
AGAINST COALITION FORCES IN IRAQ. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, and every 180 
days thereafter, the Secretary of Defense, in coordination 
with the Director of National Intelligence, shall submit to 
the congressional defense committees a report describing 
and assessing in detail— 
(1) any support or direction provided to anti-co-
alition forces in Iraq by the Government of Iran or 
its agents; 
(2) the strategy and ambitions in Iraq of the 
Government of Iran; and 
(3) any strategy or efforts by the United States 
Government to counter the activities of agents of the 
Government of Iran in Iraq. 
(b) FORM.—Each report required under subsection 
(a) shall be submitted in unclassified form, to the max-
imum extent practicable, but may contain a classified 
annex, if necessary. 
(c) TERMINATION.—The requirement to submit re-
ports under subsection (a) shall terminate on the date on 
which the Secretary of Defense, in coordination with the 
Director of National Intelligence, submits to the congres-
sional defense committees a certification in writing that 
the Government of Iran has ceased to provide military 
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support to anti-coalition forces that conduct attacks 
against coalition forces in Iraq. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize or otherwise speak to 
the use of the Armed Forces against Iran. 
SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES 
OF A FAILED STATE IN IRAQ. 
It is the sense of Congress that— 
(1) a failed state in Iraq will have a negative 
impact on the Middle East and United States inter-
ests in the region; and 
(2) the United States should pursue strategies 
to prevent a failed state in Iraq or to contain the 
negative effects of a failed state in Iraq. 
SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ. 
It is the sense of Congress that— 
(1) policies supported by the United States in 
the pursuit of a political settlement in Iraq should 
be consistent with the wishes of the Iraqi people and 
should not violate the sovereignty of the nation of 
Iraq; 
(2) if the Iraqi people support a political settle-
ment in Iraq based on the final provisions of the 
Constitution of Iraq that create a federal system of 
government and allow for the creation of federal re-
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gions, consistent with the wishes of the Iraqi people 
and their elected leaders, the United States should 
actively support such a political settlement in Iraq; 
(3) the active support referred to in paragraph 
(2) should include— 
(A) calling on the international community, 
including countries with troops in Iraq, the per-
manent 5 members of the United Nations Secu-
rity Council, members of the Gulf Cooperation 
Council, and Iraq’s neighbors— 
(i) to support an Iraqi political settle-
ment based on federalism; 
(ii) to acknowledge the sovereignty 
and territorial integrity of Iraq; and 
(iii) to fulfill commitments for the ur-
gent delivery of significant assistance and 
debt relief to Iraq, especially those made 
by the member states of the Gulf Coopera-
tion Council; and 
(B) convening a conference for Iraqis to 
reach an agreement on a comprehensive polit-
ical settlement based on the federalism law ap-
proved by the Iraqi Parliament on October 11, 
2006; 
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(4) the United States should urge the Govern-
ment of Iraq to quickly agree upon and implement 
a law providing for the equitable distribution of oil 
revenues, which is a critical component of a com-
prehensive political settlement in Iraq, including a 
potential settlement based upon federalism; 
(5) the steps described in paragraphs (2), (3), 
and (4) could lead to an Iraq that is stable, not a 
haven for terrorists, and not a threat to its neigh-
bors; 
(6) in pursuit of a political settlement in Iraq, 
whether based on federalism or not, the United 
States should call on Iraq’s neighbors to pledge not 
to militarily intervene in or destabilize Iraq; and 
(7) nothing in this Act should be construed in 
any way to infringe on the sovereign rights of the 
nation of Iraq or to imply that the United States 
wishes to impose a political settlement in Iraq based 
on federalism if such a political settlement is con-
trary to the wishes of the Iraqi people. 
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SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTI-
CLES PROVIDED TO THE GOVERNMENT OF 
IRAQ AND OTHER INDIVIDUALS AND GROUPS 
IN IRAQ. 
(a) EXPORT AND TRANSFER CONTROL POLICY.— 
The President shall implement a policy to control the ex-
port and transfer of defense articles into Iraq, including 
implementation of the registration and monitoring system 
under subsection (c). 
(b) REQUIREMENT TO IMPLEMENT CONTROL SYS-
TEM.—No defense articles may be provided to the Govern-
ment of Iraq or any other group, organization, citizen, or 
resident of Iraq until the President certifies to the speci-
fied congressional committees that a registration and mon-
itoring system meeting the requirements set forth in sub-
section (c) has been established. 
(c) REGISTRATION AND MONITORING SYSTEM.—The 
registration and monitoring system required under this 
subsection shall include— 
(1) the registration of the serial numbers of all 
small arms to be provided to the Government of Iraq 
or to other groups, organizations, citizens, or resi-
dents of Iraq; 
(2) a program of end-use monitoring of all le-
thal defense articles provided to such entities or in-
dividuals; and 
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945 
(3) a detailed record of the origin, shipping, 
and distribution of all defense articles transferred 
under the Iraq Security Forces Fund or any other 
security assistance program to such entities or indi-
viduals. 
(d) REVIEW; EXEMPTION.— 
(1) REVIEW.—The President shall periodically 
review the items subject to the registration and mon-
itoring requirements under subsection (c) to deter-
mine what items, if any, should no longer be subject 
to such registration and monitoring requirements. 
The President shall transmit to the specified con-
gressional committees the results of each review con-
ducted under this paragraph. 
(2) EXEMPTION.—The President may exempt 
an item from the registration and monitoring re-
quirements under subsection (c) beginning on the 
date that is 30 days after the date on which the 
President provides notice of the proposed exemption 
to the specified congressional committees in accord-
ance with the procedures applicable to reprogram-
ming notifications under section 634A(a) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2394–1(a)). 
Such notice shall describe any controls to be im-
posed on such item under any other provision of law. 
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(e) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLE.—The term ‘‘defense ar-
ticle’’ has the meaning given the term in section 
644(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(d)). 
(2) SMALL
ARMS.—The term ‘‘small arms’’ 
means— 
(A) handguns; 
(B) shoulder-fired weapons; 
(C) light automatic weapons up to and in-
cluding .50 caliber machine guns; 
(D) recoilless rifles up to and including 
106mm; 
(E) mortars up to and including 81mm; 
(F) rocket launchers, man-portable; 
(G) grenade launchers, rifle and shoulder 
fired; and 
(H) individually-operated weapons which 
are portable or can be fired without special 
mounts or firing devices and which have poten-
tial use in civil disturbances and are vulnerable 
to theft. 
(3) 
SPECIFIED
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘specified congressional commit-
tees’’ means— 
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(A) the Committee on Foreign Affairs and 
the Committee on Armed Services of the House 
of Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Armed Services, and the 
Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall take effect 180 days 
after the date of the enactment of this Act. 
(2) EXCEPTION.—The President may delay the 
effective date of this section by an additional period 
of up to 90 days if the President certifies in writing 
to the specified congressional committees for such 
additional period that it is in the vital interest of the 
United States to do so and includes in the certifi-
cation a description of such vital interest. 
SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANI-
STAN RECONSTRUCTION. 
(a) PURPOSES.—The purposes of this section are as 
follows: 
(1) To provide for the independent and objec-
tive conduct and supervision of audits and investiga-
tions relating to the programs and operations funded 
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with amounts appropriated or otherwise made avail-
able for the reconstruction of Afghanistan. 
(2) To provide for the independent and objec-
tive leadership and coordination of, and rec-
ommendations on, policies designed to— 
(A) promote economy efficiency, and effec-
tiveness in the administration of the programs 
and operations described in paragraph (1); and 
(B) prevent and detect waste, fraud, and 
abuse in such programs and operations. 
(3) To provide for an independent and objective 
means of keeping the Secretary of State and the 
Secretary of Defense fully and currently informed 
about problems and deficiencies relating to the ad-
ministration of such programs and operations and 
the necessity for and progress on corrective action. 
(b) OFFICE
OF INSPECTOR GENERAL.—There is 
hereby established the Office of the Special Inspector Gen-
eral for Afghanistan Reconstruction to carry out the pur-
poses of subsection (a). 
(c) APPOINTMENT
OF INSPECTOR GENERAL; RE-
MOVAL.— 
(1) APPOINTMENT.—The head of the Office of 
the Special Inspector General for Afghanistan Re-
construction is the Special Inspector General for Af-
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949 
ghanistan Reconstruction (in this section referred to 
as the ‘‘Inspector General’’), who shall be appointed 
by the President. The President may appoint the 
Special Inspector General for Iraq Reconstruction to 
serve as the Special Inspector General for Afghani-
stan Reconstruction, in which case the Special In-
spector General for Iraq Reconstruction shall have 
all of the duties, responsibilities, and authorities set 
forth under this section with respect to such ap-
pointed position for the purpose of carrying out this 
section. 
(2) QUALIFICATIONS.—The appointment of the 
Inspector General shall be made solely on the basis 
of integrity and demonstrated ability in accounting, 
auditing, financial analysis, law, management anal-
ysis, public administration, or investigations. 
(3) DEADLINE
FOR
APPOINTMENT.—The ap-
pointment of an individual as Inspector General 
shall be made not later than 30 days after the date 
of the enactment of this Act. 
(4) COMPENSATION.—The annual rate of basic 
pay of the Inspector General shall be the annual rate 
of basic pay provided for positions at level IV of the 
Executive Schedule under section 5315 of title 5, 
United States Code. 
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950 
(5) PROHIBITION ON POLITICAL ACTIVITIES.— 
For purposes of section 7324 of title 5, United 
States Code, the Inspector General shall not be con-
sidered an employee who determines policies to be 
pursued by the United States in the nationwide ad-
ministration of Federal law. 
(6) REMOVAL.—The Inspector General shall be 
removable from office in accordance with the provi-
sions of section 3(b) of the Inspector General Act of 
1978 (5 U.S.C. App.). 
(d) ASSISTANT INSPECTORS GENERAL.—The Inspec-
tor General shall, in accordance with applicable laws and 
regulations governing the civil service— 
(1) appoint an Assistant Inspector General for 
Auditing who shall have the responsibility for super-
vising the performance of auditing activities relating 
to programs and operations supported by amounts 
appropriated or otherwise made available for the re-
construction of Afghanistan; and 
(2) appoint an Assistant Inspector General for 
Investigations who shall have the responsibility for 
supervising the performance of investigative activi-
ties relating to such programs and operations. 
(e) SUPERVISION.— 
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951 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Inspector General shall report directly 
to, and be under the general supervision of, the Sec-
retary of State and the Secretary of Defense. 
(2) INDEPENDENCE TO CONDUCT INVESTIGA-
TIONS AND AUDITS.—No officer of the Department 
of Defense, the Department of State, or the United 
States Agency for International Development shall 
prevent or prohibit the Inspector General from initi-
ating, carrying out, or completing any audit or in-
vestigation related to amounts appropriated or oth-
erwise made available for the reconstruction of Af-
ghanistan or from issuing any subpoena during the 
course of any such audit or investigation. 
(f) DUTIES.— 
(1) OVERSIGHT
OF
AFGHANISTAN
RECON-
STRUCTION.—It shall be the duty of the Inspector 
General to conduct, supervise, and coordinate audits 
and investigations of the treatment, handling, and 
expenditure of amounts appropriated or otherwise 
made available for the reconstruction of Afghani-
stan, and of the programs, operations, and contracts 
carried out utilizing such funds, including— 
(A) the oversight and accounting of the ob-
ligation and expenditure of such funds; 
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952 
(B) the monitoring and review of recon-
struction activities funded by such funds; 
(C) the monitoring and review of contracts 
funded by such funds; 
(D) the monitoring and review of the 
transfer of such funds and associated informa-
tion between and among departments, agencies, 
and entities of the United States and private 
and nongovernmental entities; 
(E) the maintenance of records on the use 
of such funds to facilitate future audits and in-
vestigations of the use of such fund; 
(F) the monitoring and review of the effec-
tiveness of United States coordination with the 
Government of Afghanistan and other donor 
countries in the implementation of the Afghani-
stan Compact and the Afghanistan National 
Development Strategy; and 
(G) the investigation of overpayments such 
as duplicate payments or duplicate billing and 
any potential unethical or illegal actions of Fed-
eral employees, contractors, or affiliated entities 
and the referral of such reports, as necessary, 
to the Department of Justice to ensure further 
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953 
investigations, prosecutions, recovery of further 
funds, or other remedies. 
(2) OTHER DUTIES RELATED TO OVERSIGHT.— 
The Inspector General shall establish, maintain, and 
oversee such systems, procedures, and controls as 
the Inspector General considers appropriate to dis-
charge the duties under paragraph (1). 
(3) DUTIES AND RESPONSIBILITIES UNDER IN-
SPECTOR GENERAL ACT OF 1978.—In addition to the 
duties specified in paragraphs (1) and (2), the In-
spector General shall also have the duties and re-
sponsibilities of inspectors general under the Inspec-
tor General Act of 1978. 
(4) COORDINATION OF EFFORTS.—In carrying 
out the duties, responsibilities, and authorities of the 
Inspector General under this section, the Inspector 
General shall coordinate with, and receive the co-
operation of each of the following: 
(A) The Inspector General of the Depart-
ment of Defense. 
(B) The Inspector General of the Depart-
ment of State. 
(C) The Inspector General of the United 
States Agency for International Development. 
(g) POWERS AND AUTHORITIES.— 
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954 
(1) AUTHORITIES UNDER INSPECTOR GENERAL 
ACT OF 1978.—In carrying out the duties specified in 
subsection (f), the Inspector General shall have the 
authorities provided in section 6 of the Inspector 
General Act of 1978, including the authorities under 
subsection (e) of such section. 
(2) AUDIT STANDARDS.—The Inspector General 
shall carry out the duties specified in subsection 
(f)(1) in accordance with section 4(b)(1) of the In-
spector General Act of 1978. 
(h) PERSONNEL, FACILITIES, AND
OTHER
RE-
SOURCES.— 
(1) PERSONNEL.—The Inspector General may 
select, appoint, and employ such officers and em-
ployees as may be necessary for carrying out the du-
ties of the Inspector General, subject to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service, and the provi-
sions of chapter 51 and subchapter III of chapter 53 
of such title, relating to classification and General 
Schedule pay rates. 
(2) EMPLOYMENT OF EXPERTS AND CONSULT-
ANTS.—The Inspector General may obtain services 
as authorized by section 3109 of title 5, United 
States Code, at daily rates not to exceed the equiva-
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955 
lent rate prescribed for grade GS–15 of the General 
Schedule by section 5332 of such title. 
(3) CONTRACTING AUTHORITY.—To the extent 
and in such amounts as may be provided in advance 
by appropriations Acts, the Inspector General may 
enter into contracts and other arrangements for au-
dits, studies, analyses, and other services with public 
agencies and with private persons, and make such 
payments as may be necessary to carry out the du-
ties of the Inspector General. 
(4) RESOURCES.—The Secretary of State or the 
Secretary of Defense, as appropriate, shall provide 
the Inspector General with appropriate and adequate 
office space at appropriate locations of the Depart-
ment of State or the Department of Defense, as the 
case may be, in Afghanistan, together with such 
equipment, office supplies, and communications fa-
cilities and services as may be necessary for the op-
eration of such offices, and shall provide necessary 
maintenance services for such offices and the equip-
ment and facilities located therein. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—Upon request of the In-
spector General for information or assistance 
from any department, agency, or other entity of 
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956 
the Federal Government, the head of such enti-
ty shall, insofar as is practicable and not in 
contravention of any existing law, furnish such 
information or assistance to the Inspector Gen-
eral, or an authorized designee. 
(B) REPORTING
OF
REFUSED
ASSIST-
ANCE.—Whenever information or assistance re-
quested by the Inspector General is, in the 
judgment of the Inspector General, unreason-
ably refused or not provided, the Inspector Gen-
eral shall report the circumstances to the Sec-
retary of State or the Secretary of Defense, as 
appropriate, and to the appropriate congres-
sional committees without delay. 
(6) USE
OF
PERSONNEL, FACILITIES, AND 
OTHER RESOURCES OF THE OFFICE OF THE SPE-
CIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUC-
TION.—Upon the request of the Inspector General, 
the Special Inspector General for Iraq Reconstruc-
tion— 
(A) may detail, on a reimbursable basis, 
any of the personnel of the Office of the Special 
Inspector General for Iraq Reconstruction to 
the Office of the Inspector General for Afghani-
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957 
stan Reconstruction for the purpose of carrying 
out this section; and 
(B) may provide, on a reimbursable basis, 
any of the facilities or other resources of the 
Office of the Special Inspector General for Iraq 
Reconstruction to the Office of the Inspector 
General for Afghanistan Reconstruction for the 
purpose of carrying out this section. 
(i) REPORTS.— 
(1) QUARTERLY REPORTS.—Not later than 30 
days after the end of each fiscal-year quarter, the 
Inspector General shall submit to the appropriate 
congressional committees a report summarizing, for 
the period of that quarter and, to the extent pos-
sible, the period from the end of such quarter to the 
time of the submission of the report, the activities 
during such period of the Inspector General and the 
activities under programs and operations funded 
with amounts appropriated or otherwise made avail-
able for the reconstruction of Afghanistan. Each re-
port shall include, for the period covered by such re-
port, a detailed statement of all obligations, expendi-
tures, and revenues associated with reconstruction 
and rehabilitation activities in Afghanistan, includ-
ing the following: 
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958 
(A) Obligations and expenditures of appro-
priated funds. 
(B) A project-by-project and program-by- 
program accounting of the costs incurred to 
date for the reconstruction of Afghanistan, to-
gether with the estimate of the Department of 
Defense, the Department of State, and the 
United States Agency for International Devel-
opment, as applicable, of the costs to complete 
each project and each program. 
(C) Revenues attributable to or consisting 
of funds provided by foreign nations or inter-
national organizations to programs and projects 
funded by any department or agency of the 
United States Government, and any obligations 
or expenditures of such revenues. 
(D) Revenues attributable to or consisting 
of foreign assets seized or frozen that con-
tribute to programs and projects funded by any 
department or agency of the United States Gov-
ernment, and any obligations or expenditures of 
such revenues. 
(E) Operating expenses of agencies or enti-
ties receiving amounts appropriated or other-
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959 
wise made available for the reconstruction of 
Afghanistan. 
(F) In the case of any contract, grant, 
agreement, or other funding mechanism de-
scribed in paragraph (2)— 
(i) the amount of the contract, grant, 
agreement, or other funding mechanism; 
(ii) a brief discussion of the scope of 
the contract, grant, agreement, or other 
funding mechanism; 
(iii) a discussion of how the depart-
ment or agency of the United States Gov-
ernment involved in the contract, grant, 
agreement, or other funding mechanism 
identified, and solicited offers from, poten-
tial individuals or entities to perform the 
contract, grant, agreement, or other fund-
ing mechanism, together with a list of the 
potential individuals or entities that were 
issued solicitations for the offers; and 
(iv) the justification and approval doc-
uments on which was based the determina-
tion to use procedures other than proce-
dures that provide for full and open com-
petition. 
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960 
(2) COVERED
CONTRACTS, GRANTS, AGREE-
MENTS, AND FUNDING MECHANISMS.—A contract, 
grant, agreement, or other funding mechanism de-
scribed in this paragraph is any major contract, 
grant, agreement, or other funding mechanism that 
is entered into by any department or agency of the 
United States Government that involves the use of 
amounts appropriated or otherwise made available 
for the reconstruction of Afghanistan with any pub-
lic or private sector entity for any of the following 
purposes: 
(A) To build or rebuild physical infrastruc-
ture of Afghanistan. 
(B) To establish or reestablish a political 
or societal institution of Afghanistan. 
(C) To provide products or services to the 
people of Afghanistan. 
(3) 
PUBLIC
AVAILABILITY.—The 
Inspector 
General shall publish on a publically-available Inter-
net website each report under paragraph (1) of this 
subsection in English and other languages that the 
Inspector General determines are widely used and 
understood in Afghanistan. 
(4) FORM.—Each report required under this 
subsection shall be submitted in unclassified form, 
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but may include a classified annex if the Inspector 
General considers it necessary. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the public 
disclosure of information that is— 
(A) specifically prohibited from disclosure 
by any other provision of law; 
(B) specifically required by Executive order 
to be protected from disclosure in the interest 
of national defense or national security or in 
the conduct of foreign affairs; or 
(C) a part of an ongoing criminal inves-
tigation. 
(j) REPORT COORDINATION.— 
(1) SUBMISSION
TO
SECRETARIES
OF
STATE 
AND DEFENSE.—The Inspector General shall also 
submit each report required under subsection (i) to 
the Secretary of State and the Secretary of Defense. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after receipt of a report under paragraph 
(1), the Secretary of State or the Secretary of De-
fense may submit to the appropriate congressional 
committees any comments on the matters covered by 
the report as the Secretary of State or the Secretary 
of Defense, as the case may be, considers appro-
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962 
priate. Any comments on the matters covered by the 
report shall be submitted in unclassified form, but 
may include a classified annex if the Secretary of 
State or the Secretary of Defense, as the case may 
be, considers it necessary. 
(k) TRANSPARENCY.— 
(1) REPORT.—Not later than 60 days after 
submission to the appropriate congressional commit-
tees of a report under subsection (i), the Secretary 
of State and the Secretary of Defense shall jointly 
make copies of the report available to the public 
upon request, and at a reasonable cost. 
(2) COMMENTS ON MATTERS COVERED BY RE-
PORT.—Not later than 60 days after submission to 
the appropriate congressional committees under sub-
section (j)(2) of comments on a report under sub-
section (i), the Secretary of State and the Secretary 
of Defense shall jointly make copies of the comments 
available to the public upon request, and at a rea-
sonable cost. 
(l) WAIVER.— 
(1) AUTHORITY.—The President may waive the 
requirement under paragraph (1) or (2) of sub-
section (k) with respect to availability to the public 
of any element in a report under subsection (i), or 
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any comment under subsection (j)(2), if the Presi-
dent determines that the waiver is justified for na-
tional security reasons. 
(2) NOTICE OF WAIVER.—The President shall 
publish a notice of each waiver made under this sub-
section in the Federal Register no later than the 
date on which a report required under subsection (i), 
or any comment under subsection (j)(2), is sub-
mitted to the appropriate congressional committees. 
The report and comments shall specify whether 
waivers under this subsection were made and with 
respect to which elements in the report or which 
comments, as appropriate. 
(m) DEFINITIONS.—In this section: 
(1) AMOUNTS
APPROPRIATED
OR
OTHERWISE 
MADE
AVAILABLE
FOR
THE
RECONSTRUCTION
OF 
AFGHANISTAN.—The term ‘‘amounts appropriated 
or otherwise made available for the reconstruction of 
Afghanistan’’ means— 
(A) amounts appropriated or otherwise 
made available for any fiscal year— 
(i) to the Afghanistan Security Forces 
Fund; or 
(ii) to the program to assist the peo-
ple of Afghanistan established under sub-
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964 
section (a)(2) of section 1202 of the Na-
tional Defense Authorization for Fiscal 
Year 2006 (Public Law 109–163; 119 
Stat. 3455–3456); and 
(B) amounts appropriated or otherwise 
made available for any fiscal year for the recon-
struction of Afghanistan under— 
(i) the Economic Support Fund; 
(ii) the International Narcotics Con-
trol and Law Enforcement account; or 
(iii) any other provision of law. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Appropriations, 
Armed Services, and Foreign Relations of the 
Senate; and 
(B) the Committees on Appropriations, 
Armed Services, and Foreign Affairs of the 
House of Representatives. 
(n) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated $20,000,000 for fiscal year 2008 to 
carry out this section. 
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965 
(2) OFFSET.—The amount authorized to be ap-
propriated by section 1513 for the Afghanistan Se-
curity 
Forces 
Fund 
is 
hereby 
reduced 
by 
$20,000,000. 
(o) TERMINATION.— 
(1) IN GENERAL.—The Office of the Special In-
spector General for Afghanistan Reconstruction shall 
terminate 180 days after the date on which amounts 
appropriated or otherwise made available for the re-
construction of Afghanistan that are unexpended are 
less than $250,000,000. 
(2) FINAL
REPORT.—The Inspector General 
shall, prior to the termination of the Office of the 
Special Inspector General for Afghanistan Recon-
struction under paragraph (1), prepare and submit 
to the appropriate congressional committees a final 
forensic audit report on programs and operations 
funded with amounts appropriated or otherwise 
made available for the reconstruction of Afghani-
stan. 
SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND 
STABILITY IN AFGHANISTAN. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and every 180 
days thereafter through the end of fiscal year 2010, the 
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President, acting through the Secretary of Defense, shall 
submit to the appropriate congressional committees a re-
port on progress toward security and stability in Afghani-
stan. 
(b) COORDINATION.—The report required under sub-
section (a) shall be prepared in coordination with the Sec-
retary of State, the Director of National Intelligence, the 
Attorney General, the Administrator of the Drug Enforce-
ment Administration, the Administrator of the United 
States Agency for International Development, the Sec-
retary of Agriculture, and the head of any other depart-
ment or agency of the Government of the United States 
involved with activities relating to security and stability 
in Afghanistan. 
(c) MATTERS TO BE INCLUDED: STRATEGIC DIREC-
TION OF UNITED STATES ACTIVITIES RELATING TO SE-
CURITY AND STABILITY IN AFGHANISTAN.—The report 
required under subsection (a) shall include a description 
of a comprehensive strategy of the United States for secu-
rity and stability in Afghanistan. The description of such 
strategy shall consist of a general overview and a separate 
detailed section for each of the following: 
(1) NORTH ATLANTIC TREATY ORGANIZATION 
INTERNATIONAL SECURITY ASSISTANCE FORCE.—A 
description of the following: 
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967 
(A) Efforts of the United States to work 
with countries participating in the North Atlan-
tic Treaty Organization (NATO) International 
Security Assistance Force (ISAF) in Afghani-
stan (hereafter in this section referred to as 
‘‘NATO ISAF countries’’). 
(B) Any actions by the United States to 
achieve the following goals relating to strength-
ening the NATO ISAF, and the results of such 
actions: 
(i) Encourage NATO ISAF countries 
to fulfill commitments to the NATO ISAF 
mission in Afghanistan, and ensure ade-
quate contributions to efforts to build the 
capacity of the Afghanistan National Secu-
rity Forces (ANSF), counter-narcotics ef-
forts, and reconstruction and development 
activities in Afghanistan. 
(ii) Remove national caveats on the 
use of forces deployed as part of the 
NATO ISAF. 
(iii) Reduce the number of civilian 
casualties resulting from military oper-
ations of NATO ISAF countries and miti-
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968 
gate the impact of such casualties on the 
Afghan people. 
(2) 
AFGHANISTAN
NATIONAL
SECURITY 
FORCES.—A description of the following: 
(A) A comprehensive and effective long- 
term strategy and budget, with defined objec-
tives, for activities relating to strengthening the 
resources, capabilities, and effectiveness of the 
Afghanistan National Army (ANA) and the Af-
ghanistan National Police (ANP) of the ANSF, 
with the goal of ensuring that a strong and 
fully-capable ANSF is able to independently 
and effectively conduct operations and maintain 
security and stability in Afghanistan. 
(B) Any actions by the United States to 
achieve the following goals relating to building 
the capacity of the ANSF, and the results of 
such actions: 
(i) Improve coordination with all rel-
evant departments and agencies of the 
Government of the United States, as well 
as NATO ISAF countries and other inter-
national partners. 
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969 
(ii) Improve ANSF recruitment and 
retention, including through improved vet-
ting and salaries for the ANSF. 
(iii) Increase and improve ANSF 
training and mentoring. 
(iv) Strengthen the partnership be-
tween the Government of the United 
States and the Government of Afghani-
stan. 
(3) PROVINCIAL RECONSTRUCTION TEAMS AND 
OTHER
RECONSTRUCTION
AND
DEVELOPMENT
AC-
TIVITIES.—A description of the following: 
(A) A comprehensive and effective long- 
term strategy and budget, with defined objec-
tives, for reconstruction and development in Af-
ghanistan, including a long-term strategy with 
a mission and objectives for each United States- 
led Provincial Reconstruction Team (PRT) in 
Afghanistan. 
(B) Any actions by the United States to 
achieve the following goals with respect to re-
construction and development in Afghanistan, 
and the results of such actions: 
(i) Improve coordination with all rel-
evant departments and agencies of the 
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970 
Government of the United States, as well 
as NATO ISAF countries and other inter-
national partners. 
(ii) Clarify the chain of command, and 
operations plans for United States-led 
PRTs that are appropriate to meet the 
needs of the relevant local communities. 
(iii) 
Promote 
coordination 
among 
PRTs. 
(iv) Ensure that each PRT is ade-
quately staffed, particularly with civilian 
specialists, and that such staff receive ap-
propriate training. 
(v) Expand the ability of the Afghan 
people to assume greater responsibility for 
their own reconstruction and development 
projects. 
(vi) Strengthen the partnership be-
tween the Government of the United 
States and the Government of Afghani-
stan. 
(vii) Ensure proper reconstruction and 
development oversight activities, including 
implementation, where appropriate, of rec-
ommendations of any United States in-
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971 
spectors general, including the Special In-
spector General for Afghanistan Recon-
struction appointed pursuant to section 
1229. 
(4) COUNTER-NARCOTICS
ACTIVITIES.—A de-
scription of the following: 
(A) A comprehensive and effective long- 
term strategy and budget, with defined objec-
tives, for the activities of the Department of 
Defense relating to counter-narcotics efforts in 
Afghanistan, including— 
(i) roles and missions of the Depart-
ment of Defense within the overall counter- 
narcotics strategy for Afghanistan of the 
Government of the United States, includ-
ing a statement of priorities; 
(ii) a detailed, comprehensive, and ef-
fective strategy with defined one-year, 
three-year, and five-year objectives and a 
description of the accompanying allocation 
of resources of the Department of Defense 
to accomplish such objectives; 
(iii) in furtherance of the strategy de-
scribed in clause (i), actions that the De-
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972 
partment of Defense is taking and has 
planned to take to— 
(I) improve coordination within 
the Department of Defense and with 
all relevant departments and agencies 
of the Government of the United 
States; 
(II) strengthen significantly the 
Afghanistan 
National 
Counter-nar-
cotics Police; 
(III) build the capacity of local 
and provincial governments of Af-
ghanistan and the national Govern-
ment of Afghanistan to assume great-
er responsibility for counter-narcotics- 
related activities, including interdic-
tion; and 
(IV) improve counter-narcotics- 
related intelligence capabilities and 
tactical use of such capabilities by the 
Department of Defense and other ap-
propriate departments and agencies of 
the Government of the United States; 
and 
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973 
(iv) the impact, if any, including the 
disadvantages and advantages, if any, on 
the primary counter-terrorism mission of 
the United States military of providing en-
hanced logistical support to departments 
and agencies of the Government of the 
United States and counter-narcotics part-
ners of the United States in their interdic-
tion efforts, including apprehending or 
eliminating major drug traffickers in Af-
ghanistan. 
(B) The counter-narcotics roles and mis-
sions assumed by the local and provincial gov-
ernments of Afghanistan and the national Gov-
ernment of Afghanistan, appropriate depart-
ments and agencies of the Government of the 
United States (other than the Department of 
Defense), the NATO ISAF, and the govern-
ments of other countries. 
(C) The plan and efforts to coordinate the 
counter-narcotics strategy and activities of the 
Department of Defense with the counter-nar-
cotics strategy and activities of the Government 
of Afghanistan, the NATO-led interdiction and 
security forces, other appropriate countries, and 
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974 
other counter-narcotics partners of the United 
States, and the results of such efforts. 
(D) The progress made by the govern-
ments, organizations, and entities specified in 
subparagraph (B) in executing designated roles 
and missions, and in coordinating and imple-
menting counternarcotics plans and activities, 
and based on the results of this progress wheth-
er, and to what extent, roles and missions for 
the Department of Defense should be altered in 
the future, or should remain unaltered. 
(5) PUBLIC CORRUPTION AND RULE OF LAW.— 
A description of any actions, and the results of such 
actions, to help the Government of Afghanistan fight 
public corruption and strengthen governance and the 
rule of law at the local, provincial, and national lev-
els. 
(6) REGIONAL
CONSIDERATIONS.—A descrip-
tion of any actions and the results of such actions 
to increase cooperation with countries geographically 
located around Afghanistan’s border, with a par-
ticular focus on improving security and stability in 
the Afghanistan-Pakistan border areas. 
(d) MATTERS TO BE INCLUDED: PERFORMANCE IN-
DICATORS AND MEASURES OF PROGRESS TOWARD SUS-
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975 
TAINABLE LONG-TERM SECURITY AND STABILITY IN AF-
GHANISTAN.— 
(1) IN GENERAL.—The report required under 
subsection (a) shall set forth a comprehensive set of 
performance indicators and measures of progress to-
ward sustainable long-term security and stability in 
Afghanistan, as specified in paragraph (2), and shall 
include performance standards and progress goals, 
together with a notional timetable for achieving such 
goals. 
(2) PERFORMANCE INDICATORS AND MEASURES 
OF PROGRESS SPECIFIED.—The performance indica-
tors and measures of progress specified in this para-
graph shall include, at a minimum, the following: 
(A) With respect to the NATO ISAF, an 
assessment of unfulfilled NATO ISAF mission 
requirements and contributions from individual 
NATO ISAF countries, including levels of 
troops and equipment, the effect of contribu-
tions on operations, and unfulfilled commit-
ments. 
(B) An assessment of military operations 
of the NATO ISAF, including of NATO ISAF 
countries, and an assessment of separate mili-
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976 
tary operations by United States forces. Such 
assessments shall include— 
(i) indicators of a stable security envi-
ronment in Afghanistan, such as number 
of engagements per day, and trends relat-
ing to the numbers and types of hostile en-
counters; and 
(ii) the effects of national caveats that 
limit operations, geographic location of op-
erations, and estimated number of civilian 
casualties. 
(C) For the Afghanistan National Army 
(ANA), and separately for the Afghanistan Na-
tional Police (ANP), of the Afghanistan Na-
tional Security Forces (ANSF) an assessment 
of the following: 
(i) Recruitment and retention num-
bers, rates of absenteeism, vetting proce-
dures, and salary scale. 
(ii) Numbers trained, numbers receiv-
ing mentoring, the type of training and 
mentoring, and number of trainers, men-
tors, and advisers needed to support the 
ANA and ANP and associated ministries. 
(iii) Type of equipment used. 
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(iv) Operational readiness status of 
ANSF units, including the type, number, 
size, and organizational structure of ANA 
and ANP units that are— 
(I) capable of conducting oper-
ations independently; 
(II) capable of conducting oper-
ations with the support of the United 
States, NATO ISAF forces, or other 
coalition forces; or 
(III) not ready to conduct oper-
ations. 
(v) Effectiveness of ANA and ANP 
officers and the ANA and ANP chain of 
command. 
(vi) Extent to which insurgents have 
infiltrated the ANA and ANP. 
(vii) Estimated number and capability 
level of the ANA and ANP needed to per-
form duties now undertaken by NATO 
ISAF countries, separate United States 
forces and other coalition forces, including 
defending the borders of Afghanistan and 
providing adequate levels of law and order 
throughout Afghanistan. 
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978 
(D) An assessment of the estimated 
strength of the insurgency in Afghanistan and 
the extent to which it is composed of non-Af-
ghan fighters and utilizing weapons or weapons- 
related materials from countries other than Af-
ghanistan. 
(E) A description of all terrorist and insur-
gent groups operating in Afghanistan, including 
the number, size, equipment strength, military 
effectiveness, sources of support, legal status, 
and any efforts to disarm or reintegrate each 
such group. 
(F) An assessment of security and sta-
bility, including terrorist and insurgent activity, 
in Afghanistan-Pakistan border areas and in 
Pakistan’s 
Federally 
Administered 
Tribal 
Areas. 
(G) An assessment of United States mili-
tary requirements, including planned force rota-
tions, for the twelve-month period following the 
date of the report required under subsection 
(a). 
(H) For reconstruction and development, 
an assessment of the following: 
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979 
(i) The location, funding (including 
the sources of funding), staffing require-
ments, current staffing levels, and activi-
ties of each United States-led Provincial 
Reconstruction Team. 
(ii) Key indicators of economic activ-
ity that should be considered the most im-
portant for determining the prospects of 
stability in Afghanistan, including— 
(I) the indicators set forth in the 
Afghanistan Compact, which consist 
of roads, education, health, agri-
culture, and electricity; and 
(II) unemployment and poverty 
levels. 
(I) For counter-narcotics efforts, an as-
sessment of the activities of the Department of 
Defense in Afghanistan, as described in sub-
section (c)(4), and the effectiveness of such ac-
tivities. 
(J) Key measures of political stability re-
lating to both central and local Afghan govern-
ance. 
(K) For public corruption and rule of law, 
an assessment of anti-corruption and law en-
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980 
forcement activities at the local, provincial, and 
national levels and the effectiveness of such ac-
tivities. 
(e) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex, if necessary. 
(f) CONGRESSIONAL BRIEFINGS.—The Secretary of 
Defense shall supplement the report required under sub-
section (a) with regular briefings to the appropriate con-
gressional committees on the subject matter of the report. 
(g) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Relations of the Senate. 
SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AF-
GHANISTAN NATIONAL SECURITY FORCES. 
(a) PLAN REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, and annually there-
after through the end of fiscal year 2010, the Secretary 
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981 
of Defense shall submit to the appropriate congressional 
committees a report on a long-term detailed plan for sus-
taining the Afghanistan National Army (ANA) and the 
Afghanistan National Police (ANP) of the Afghanistan 
National Security Forces (ANSF), with the objective of 
ensuring that a strong and fully-capable ANSF will be 
able to independently and effectively conduct operations 
and maintain long-term security and stability in Afghani-
stan. 
(b) COORDINATION.—The report required under sub-
section (a) shall be prepared in coordination with the Sec-
retary of State. 
(c) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include a description of 
the following matters relating to the plan for sustaining 
the ANSF: 
(1) A comprehensive and effective long-term 
strategy and budget, with defined objectives. 
(2) A mechanism for tracking funding, equip-
ment, training, and services provided for the ANSF 
by the United States, countries participating in the 
North Atlantic Treaty Organization (NATO) Inter-
national Security Assistance Force (ISAF) in Af-
ghanistan (hereafter in this section referred to as 
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982 
‘‘NATO ISAF countries’’), and other coalition forces 
that are not part of the NATO ISAF. 
(3) Any actions to assist the Government of Af-
ghanistan achieve the following goals, and the re-
sults of such actions: 
(A) Build and sustain effective Afghan se-
curity institutions with fully-capable leadership 
and staff, including a reformed Ministry of In-
terior, a fully-established Ministry of Defense, 
and logistics, intelligence, medical, and recruit-
ing units (hereafter in this section referred to 
as ‘‘ANSF-sustaining institutions’’). 
(B) Train and equip fully-capable ANSF 
that are capable of conducting operations inde-
pendently and in sufficient numbers. 
(C) Establish strong ANSF-readiness as-
sessment tools and metrics. 
(D) Build and sustain strong, professional 
ANSF officers at the junior-, mid-, and senior- 
levels. 
(E) Develop strong ANSF communication 
and control between central command and re-
gions, provinces, and districts. 
(F) Establish a robust mentoring and ad-
vising program, and a strong professional mili-
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983 
tary training and education program, for all 
ANSF officials. 
(G) Establish effective merit-based salary, 
rank, promotion, and incentive structures for 
the ANSF. 
(H) Develop mechanisms for incorporating 
lessons learned and best practices into ANSF 
operations. 
(I) Establish an ANSF personnel account-
ability system with effective internal discipline 
procedures and mechanisms, and a system for 
addressing ANSF personnel complaints. 
(J) Ensure effective ANSF oversight 
mechanisms, including a strong record-keeping 
system to track ANSF equipment and per-
sonnel. 
(4) Coordination with all relevant departments 
and agencies of the Government of the United 
States, as well as NATO ISAF countries and other 
international partners, including on— 
(A) funding; 
(B) reform and establishment of ANSF- 
sustaining institutions; and 
(C) efforts to ensure that progress on sus-
taining the ANSF is reinforced with progress in 
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other pillars of the Afghan security sector, par-
ticularly progress on building an effective judi-
ciary, curbing production and trafficking of il-
licit narcotics, and demobilizing, disarming, and 
reintegrating militia fighters. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Relations of the Senate. 
SEC. 1232. REPORT ON ENHANCING SECURITY AND STA-
BILITY IN THE REGION ALONG THE BORDER 
OF AFGHANISTAN AND PAKISTAN. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 31, 
2008, the Secretary of Defense, in consultation with 
the Secretary of State, shall submit to the appro-
priate congressional committees a report on enhanc-
ing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
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(2) MATTERS TO BE INCLUDED.—The report 
required under paragraph (1) shall include the fol-
lowing: 
(A) A detailed description of the efforts by 
the Government of Pakistan to achieve the fol-
lowing objectives: 
(i) Eliminate safe havens for Taliban, 
Al Qaeda, and other violent extremist 
forces on the national territory of Paki-
stan. 
(ii) Prevent the movement of such 
forces across the border of Pakistan into 
Afghanistan to engage in insurgent or ter-
rorist activities. 
(B) An assessment of the Secretary of De-
fense as to whether Pakistan is making sub-
stantial and sustained efforts to achieve the ob-
jectives specified in subparagraph (A). 
(3) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(4) LIMITATION.— 
(A) IN GENERAL.—If the Secretary of De-
fense does not submit the report required under 
paragraph (1) by March 31, 2008, then after 
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such date the Government of Pakistan may not 
be reimbursed under the authority of any provi-
sion of law described in subparagraph (B) for 
logistical, military, or other support provided by 
Pakistan to the United States until the Sec-
retary submits to the appropriate congressional 
committees the report required by such para-
graph. 
(B) PROVISIONS OF LAW.—The provisions 
of law referred to in subparagraph (A) are the 
following: 
(i) Section 1233. 
(ii) Any other provision of law under 
which payments are authorized to reim-
burse 
key 
cooperating 
nations 
for 
logistical, military, or other support pro-
vided by that nation to or in connection 
with United States military operations. 
(5) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives; and 
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987 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Com-
mittee on Foreign Relations of the Senate. 
(b) NOTIFICATION RELATING TO DEPARTMENT OF 
DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.— 
(1) NOTIFICATION.— 
(A) IN GENERAL.—Not less than 15 days 
before making any reimbursement to the Gov-
ernment of Pakistan under the authority of any 
provision of law described in subparagraph (B) 
for logistical, military, or other support pro-
vided by Pakistan to the United States, the 
Secretary of Defense shall submit to the con-
gressional defense committees a written notifi-
cation that contains a detailed description of 
such logistical, military, or other support. 
(B) PROVISIONS OF LAW.—The provisions 
of law referred to in subparagraph (A) are the 
following: 
(i) Section 1233. 
(ii) Any other provision of law under 
which payments are authorized to reim-
burse 
key 
cooperating 
nations 
for 
logistical, military, or other support pro-
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988 
vided by that nation to or in connection 
with United States military operations. 
(2) MATTERS TO BE INCLUDED.—Each notifi-
cation required under paragraph (1) shall include an 
itemized description of the following support pro-
vided by Pakistan to the United States for which the 
United States will provide reimbursement: 
(A) Logistic support, supplies, and serv-
ices, as such term is defined in section 2350(1) 
of title 10, United States Code. 
(B) Military support. 
(C) Any other support or services. 
(3) FORM.—Each notification required under 
paragraph (1) shall be submitted in unclassified 
form, but may include a classified annex. 
(4) RELATIONSHIP
TO
OTHER
NOTIFICATION 
REQUIREMENTS.—Each notification required under 
paragraph (1) shall be in addition to any notification 
requirements under any provision of law described in 
subparagraph (B) of such paragraph. 
(5) EFFECTIVE
DATE.—The requirement to 
submit notifications under paragraph (1) shall apply 
with respect to reimbursements to the Government 
of Pakistan for logistical, military, or other support 
provided by Pakistan to the United States during 
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989 
the period beginning on February 1, 2008, and end-
ing on September 30, 2009. 
SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NA-
TIONS FOR SUPPORT PROVIDED TO UNITED 
STATES MILITARY OPERATIONS. 
(a) AUTHORITY.—From funds made available for the 
Department of Defense by section 1508 for operation and 
maintenance, Defense-wide activities, the Secretary of De-
fense may reimburse any key cooperating nation for 
logistical and military support provided by that nation to 
or in connection with United States military operations 
in Operation Iraqi Freedom or Operation Enduring Free-
dom. 
(b) AMOUNTS OF REIMBURSEMENT.— 
(1) IN
GENERAL.—Reimbursement authorized 
by subsection (a) may be made in such amounts as 
the Secretary of Defense, with the concurrence of 
the Secretary of State and in consultation with the 
Director of the Office of Management and Budget, 
may determine, based on documentation determined 
by the Secretary of Defense to adequately account 
for the support provided. 
(2) STANDARDS.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall prescribe standards for determining 
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990 
the kinds of logistical and military support to the 
United States that shall be considered reimbursable 
under the authority in subsection (a). Such stand-
ards may not take effect until 15 days after the date 
on which the Secretary submits to the congressional 
defense committees a report setting forth such 
standards. 
(c) LIMITATIONS.— 
(1) 
LIMITATION
ON
AMOUNT.—The 
total 
amount of reimbursements made under the authority 
in subsection (a) during fiscal year 2008 may not 
exceed $1,200,000,000. 
(2) PROHIBITION
ON
CONTRACTUAL
OBLIGA-
TIONS TO MAKE PAYMENTS.—The Secretary of De-
fense may not enter into any contractual obligation 
to make a reimbursement under the authority in 
subsection (a). 
(d) NOTICE TO CONGRESS.—The Secretary of De-
fense shall— 
(1) notify the congressional defense committees 
not less than 15 days before making any reimburse-
ment under the authority in subsection (a); and 
(2) submit to the congressional defense commit-
tees on a quarterly basis a report on any reimburse-
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991 
ments made under the authority in subsection (a) 
during such quarter. 
SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES 
SUPPORTING OPERATIONS IN IRAQ AND AF-
GHANISTAN. 
(a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUP-
PORT.—Subject to the provisions of this section, amounts 
available to the Department of Defense for fiscal year 
2008 for operation and maintenance may be used to pro-
vide supplies, services, transportation (including airlift 
and sealift), and other logistical support to coalition forces 
supporting United States military and stabilization oper-
ations in Iraq and Afghanistan. 
(b) REQUIRED
DETERMINATION.—The Secretary 
may provide logistical support under the authority in sub-
section (a) only if the Secretary determines that the coali-
tion forces to be provided the logistical support— 
(1) are essential to the success of a United 
States military or stabilization operation; and 
(2) would not be able to participate in such op-
eration without the provision of the logistical sup-
port. 
(c) 
COORDINATION
WITH
EXPORT
CONTROL 
LAWS.—Logistical support may be provided under the au-
thority in subsection (a) only in accordance with applicable 
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992 
provisions of the Arms Export Control Act and other ex-
port control laws of the United States. 
(d) LIMITATION ON VALUE.—The total amount of 
logistical support provided under the authority in sub-
section (a) in fiscal year 2008 may not exceed 
$400,000,000. 
(e) QUARTERLY REPORTS.— 
(1) REPORTS REQUIRED.—Not later than 15 
days after the end of each fiscal-year quarter of fis-
cal year 2008, the Secretary shall submit to the con-
gressional defense committees a report on the provi-
sion of logistical support under the authority in sub-
section (a) during such fiscal-year quarter. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for the fiscal-year quarter covered 
by such report, the following: 
(A) Each nation provided logistical support 
under the authority in subsection (a). 
(B) For each such nation, a description of 
the type and value of logistical support so pro-
vided. 
Subtitle C—Iraq Refugee Crisis 
SEC. 1241. SHORT TITLE. 
This subtitle may be cited as the ‘‘Refugee Crisis in 
Iraq Act of 2007’’. 
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993 
SEC. 1242. PROCESSING MECHANISMS. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with the Secretary of Homeland Security, shall 
establish or use existing refugee processing mechanisms 
in Iraq and in countries, where appropriate, in the region 
in which— 
(1) aliens described in section 1243 may apply 
and interview for admission to the United States as 
refugees; and 
(2) aliens described in section 1244(b) may 
apply and interview for admission to United States 
as special immigrants. 
(b) SUSPENSION.—If such is determined necessary, 
the Secretary of State, in consultation with the Secretary 
of Homeland Security, may suspend in-country processing 
under subsection (a) for a period not to exceed 90 days. 
Such suspension may be extended by the Secretary of 
State upon notification to the Committee on the Judiciary 
of the House of Representatives, the Committee on For-
eign Affairs of the House of Representatives, the Com-
mittee on the Judiciary of the Senate, and the Committee 
on Foreign Relations of the Senate. The Secretary of 
State shall submit to such committees a report outlining 
the basis of any such suspension and any extensions there-
of. 
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994 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Homeland Security, 
shall submit to the committees specified in subsection (b) 
a report that— 
(1) describes the Secretary of State’s plans to 
establish the processing mechanisms required under 
subsection (a); 
(2) contains an assessment of in-country proc-
essing that makes use of videoconferencing; and 
(3) describes the Secretary of State’s diplomatic 
efforts to improve issuance of exit permits to Iraqis 
who have been provided special immigrant status 
under section 1244 and Iraqi refugees under section 
1243. 
SEC. 1243. UNITED STATES REFUGEE PROGRAM PROC-
ESSING PRIORITIES. 
(a) IN GENERAL.—Refugees of special humanitarian 
concern eligible for Priority 2 processing under the refugee 
resettlement priority system who may apply directly to the 
United States Admission Program shall include— 
(1) Iraqis who were or are employed by the 
United States Government, in Iraq; 
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995 
(2) Iraqis who establish to the satisfaction of 
the Secretary of State that they are or were em-
ployed in Iraq by— 
(A) a media or nongovernmental organiza-
tion headquartered in the United States; or 
(B) an organization or entity closely asso-
ciated with the United States mission in Iraq 
that has received United States Government 
funding through an official and documented 
contract, award, grant, or cooperative agree-
ment; and 
(3) spouses, children, and parents whether or 
not accompanying or following to join, and sons, 
daughters, and siblings of aliens described in para-
graph (1), paragraph (2), or section 1244(b)(1); and 
(4) Iraqis who are members of a religious or 
minority community, have been identified by the 
Secretary of State, or the designee of the Secretary, 
as a persecuted group, and have close family mem-
bers (as described in section 201(b)(2)(A)(i) or 
203(a) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United 
States. 
(b) 
IDENTIFICATION
OF
OTHER
PERSECUTED 
GROUPS.—The Secretary of State, or the designee of the 
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996 
Secretary, is authorized to identify other Priority 2 groups 
of Iraqis, including vulnerable populations. 
(c) INELIGIBLE ORGANIZATIONS AND ENTITIES.— 
Organizations and entities described in subsection (a)(2) 
shall not include any that appear on the Department of 
the Treasury’s list of Specially Designated Nationals or 
any entity specifically excluded by the Secretary of Home-
land Security, after consultation with the Secretary of 
State and the heads of relevant elements of the intelligence 
community (as defined in section 3(4) of the National Se-
curity Act of 1947 (50 U.S.C. 401a(4)). 
(d) APPLICABILITY
OF OTHER REQUIREMENTS.— 
Aliens under this section who qualify for Priority 2 proc-
essing under the refugee resettlement priority system shall 
satisfy the requirements of section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157) for admission to the 
United States. 
(e) NUMERICAL LIMITATIONS.—In determining the 
number of Iraqi refugees who should be resettled in the 
United States under paragraphs (2), (3), and (4) of sub-
section (a) and subsection (b) of section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 1157), the Presi-
dent shall consult with the heads of nongovernmental or-
ganizations that have a presence in Iraq or experience in 
assessing the problems faced by Iraqi refugees. 
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997 
(f) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No 
alien shall be denied the opportunity to apply for admis-
sion under this section solely because such alien qualifies 
as an immediate relative or is eligible for any other immi-
grant classification. 
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN 
IRAQIS. 
(a) IN GENERAL.—Subject to subsection (c), the Sec-
retary of Homeland Security, or, notwithstanding any 
other provision of law, the Secretary of State in consulta-
tion with the Secretary of Homeland Security, may pro-
vide an alien described in subsection (b) with the status 
of a special immigrant under section 101(a)(27) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(27)), if 
the alien— 
(1) or an agent acting on behalf of the alien, 
submits a petition for classification under section 
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); 
(2) is otherwise eligible to receive an immigrant 
visa; 
(3) is otherwise admissible to the United States 
for permanent residence (excluding the grounds for 
inadmissibility specified in section 212(a)(4) of such 
Act (8 U.S.C. 1182(a)(4)); and 
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998 
(4) cleared a background check and appropriate 
screening, as determined by the Secretary of Home-
land Security. 
(b) ALIENS DESCRIBED.— 
(1) PRINCIPAL ALIENS.—An alien is described 
in this subsection if the alien— 
(A) is a citizen or national of Iraq; 
(B) was or is employed by or on behalf of 
the United States Government in Iraq, on or 
after March 20, 2003, for not less than one 
year; 
(C) provided faithful and valuable service 
to the United States Government, which is doc-
umented in a positive recommendation or eval-
uation, subject to paragraph (4), from the em-
ployee’s senior supervisor or the person cur-
rently occupying that position, or a more senior 
person, if the employee’s senior supervisor has 
left the employer or has left Iraq; and 
(D) has experienced or is experiencing an 
ongoing serious threat as a consequence of the 
alien’s employment by the United States Gov-
ernment. 
(2) SPOUSES AND CHILDREN.—An alien is de-
scribed in this subsection if the alien— 
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999 
(A) is the spouse or child of a principal 
alien described in paragraph (1); and 
(B) is accompanying or following to join 
the principal alien in the United States. 
(3) TREATMENT
OF
SURVIVING
SPOUSE
OR 
CHILD.—An alien is described in subsection (b) if 
the alien— 
(A) was the spouse or child of a principal 
alien described in paragraph (1) who had a pe-
tition for classification approved pursuant to 
this section or section 1059 of the National De-
fense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 8 U.S.C. 1101 note), 
which included the alien as an accompanying 
spouse or child; and 
(B) due to the death of the principal 
alien— 
(i) such petition was revoked or termi-
nated (or otherwise rendered null); and 
(ii) such petition would have been ap-
proved if the principal alien had survived. 
(4) APPROVAL
BY
CHIEF
OF
MISSION
RE-
QUIRED.—A recommendation or evaluation required 
under paragraph (1)(C) shall be accompanied by ap-
proval from the Chief of Mission, or the designee of 
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1000 
the Chief of Mission, who shall conduct a risk as-
sessment of the alien and an independent review of 
records maintained by the United States Govern-
ment or hiring organization or entity to confirm em-
ployment and faithful and valuable service to the 
United States Government prior to approval of a pe-
tition under this section. 
(c) NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—The total number of prin-
cipal aliens who may be provided special immigrant 
status under this section may not exceed 5,000 per 
year for each of the five fiscal years beginning after 
the date of the enactment of this Act. 
(2) EXCLUSION
FROM
NUMERICAL
LIMITA-
TIONS.—Aliens provided special immigrant status 
under this section shall not be counted against any 
numerical limitation under sections 201(d), 202(a), 
or 203(b)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 
(3) CARRY FORWARD.— 
(A) FISCAL YEARS ONE THROUGH FOUR.— 
If the numerical limitation specified in para-
graph (1) is not reached during a given fiscal 
year referred to in such paragraph (with re-
spect to fiscal years one through four), the nu-
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1001 
merical limitation specified in such paragraph 
for the following fiscal year shall be increased 
by a number equal to the difference between— 
(i) the numerical limitation specified 
in paragraph (1) for the given fiscal year; 
and 
(ii) the number of principal aliens pro-
vided special immigrant status under this 
section during the given fiscal year. 
(B) FISCAL YEARS FIVE AND SIX.—If the 
numerical limitation specified in paragraph (1) 
is not reached in the fifth fiscal year beginning 
after the date of the enactment of this Act, the 
total number of principal aliens who may be 
provided special immigrant status under this 
section for the sixth fiscal year beginning after 
such date shall be equal to the difference be-
tween— 
(i) the numerical limitation specified 
in paragraph (1) for the fifth fiscal year; 
and 
(ii) the number of principal aliens pro-
vided such status under this section during 
the fifth fiscal year. 
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1002 
(d) VISA AND PASSPORT ISSUANCE AND FEES.—Nei-
ther the Secretary of State nor the Secretary of Homeland 
Security may charge an alien described in subsection (b) 
any fee in connection with an application for, or issuance 
of, a special immigrant visa. The Secretary of State shall 
make a reasonable effort to ensure that aliens described 
in this section who are issued special immigrant visas are 
provided with the appropriate series Iraqi passport nec-
essary to enter the United States. 
(e) PROTECTION
OF ALIENS.—The Secretary of 
State, in consultation with the heads of other relevant 
Federal agencies, shall make a reasonable effort to provide 
an alien described in this section who is applying for a 
special immigrant visa with protection or the immediate 
removal from Iraq, if possible, of such alien if the Sec-
retary determines after consultation that such alien is in 
imminent danger. 
(f) ELIGIBILITY
FOR ADMISSION UNDER OTHER 
CLASSIFICATION.—No alien shall be denied the oppor-
tunity to apply for admission under this section solely be-
cause such alien qualifies as an immediate relative or is 
eligible for any other immigrant classification. 
(g) RESETTLEMENT SUPPORT.—Iraqi aliens granted 
special immigrant status described in section 101(a)(27) 
of the Immigration and Nationality Act (8 U.S.C. 
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1003 
1101(a)(27)) shall be eligible for resettlement assistance, 
entitlement programs, and other benefits available to refu-
gees admitted under section 207 of such Act (8 U.S.C. 
1157) for a period not to exceed eight months. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect the authority of the Sec-
retary of Homeland Security under section 1059 of the 
National Defense Authorization Act for Fiscal Year 2006. 
SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES 
AND INTERNALLY DISPLACED PERSONS. 
(a) DESIGNATION IN IRAQ.—The Secretary of State 
shall designate in the embassy of the United States in 
Baghdad, Iraq, a Senior Coordinator for Iraqi Refugees 
and Internally Displaced Persons (referred to in this sec-
tion as the ‘‘Senior Coordinator’’). 
(b) RESPONSIBILITIES.—The Senior Coordinator 
shall be responsible for the oversight of processing for the 
resettlement in the United States of refugees of special 
humanitarian concern, special immigrant visa programs in 
Iraq, and the development and implementation of other 
appropriate policies and programs concerning Iraqi refu-
gees and internally displaced persons. The Senior Coordi-
nator shall have the authority to refer persons to the 
United States refugee resettlement program. 
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1004 
(c) DESIGNATION OF ADDITIONAL SENIOR COORDI-
NATORS.—The Secretary of State shall designate in the 
embassies of the United States in Cairo, Egypt, Amman, 
Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior 
Coordinator to oversee resettlement in the United States 
of refugees of special humanitarian concern in those coun-
tries to ensure their applications to the United States ref-
ugee resettlement program are processed in an orderly 
manner and without delay. 
SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS 
OF IRAQI REFUGEES. 
With respect to each country with a significant popu-
lation of Iraqi refugees, including Iraq, Jordan, Egypt, 
Syria, Turkey, and Lebanon, the Secretary of State 
shall— 
(1) as appropriate, consult with the appropriate 
government officials of such countries and other 
countries and the United Nations High Commis-
sioner for Refugees regarding resettlement of the 
most vulnerable members of such refugee popu-
lations; and 
(2) as appropriate, except where otherwise pro-
hibited by the laws of the United States, develop 
mechanisms in and provide assistance to countries 
with a significant population of Iraqi refugees to en-
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sure the well-being and safety of such populations in 
their host environments. 
SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION 
OF ASYLUM. 
An alien who applied for asylum or withholding of 
removal and whose claim was denied on or after March 
1, 2003, by an asylum officer or an immigration judge 
solely, or in part, on the basis of changed country condi-
tions may, notwithstanding any other provision of law, file 
a motion to reopen such claim in accordance with subpara-
graphs (A) and (B) of section 240(c)(7) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(7)) not later 
than six months after the date of the enactment of the 
Refugee Crisis in Iraq Act if the alien— 
(1) is a citizen or national of Iraq; and 
(2) has remained in the United States since the 
date of such denial. 
SEC. 1248. REPORTS. 
(a) SECRETARY
OF HOMELAND SECURITY.—Not 
later than 120 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit 
to the Committee on the Judiciary of the House of Rep-
resentatives, the Committee on Foreign Affairs of the 
House of Representatives, the Committee on the Judiciary 
of the Senate, and the Committee on Foreign Relations 
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of the Senate a report containing plans to expedite the 
processing of Iraqi refugees for resettlement, including in-
formation relating to— 
(1) expediting the processing of Iraqi refugees 
for resettlement, including through temporary ex-
pansion of the Refugee Corps of United States Citi-
zenship and Immigration Services; 
(2) increasing the number of personnel of the 
Department of Homeland Security devoted to ref-
ugee processing in Iraq, Jordan, Egypt, Syria, Tur-
key, and Lebanon; 
(3) enhancing existing systems for conducting 
background and security checks of persons applying 
for special immigrant status and of persons consid-
ered Priority 2 refugees of special humanitarian con-
cern under the refugee resettlement priority system, 
which enhancements shall support immigration secu-
rity and provide for the orderly processing of such 
applications without delay; and 
(4) the projections of the Secretary, per country 
and per month, for the number of refugee interviews 
that will be conducted in fiscal year 2008 and fiscal 
year 2009. 
(b) PRESIDENT.—Not later than 120 days after the 
date of the enactment of this Act, and annually thereafter 
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through 2013, the President shall submit to Congress an 
unclassified report, with a classified annex if necessary, 
which includes— 
(1) an assessment of the financial, security, and 
personnel considerations and resources necessary to 
carry out the provisions of this subtitle; 
(2) the number of aliens described in section 
1243(a)(1); 
(3) the number of such aliens who have applied 
for special immigrant visas; 
(4) the date of such applications; and 
(5) in the case of applications pending for 
longer than six months, the reasons that such visas 
have not been expeditiously processed. 
(c) REPORT ON IRAQI CITIZENS AND NATIONALS EM-
PLOYED BY THE UNITED STATES GOVERNMENT OR FED-
ERAL CONTRACTORS IN IRAQ.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, the Secretary of State, the Ad-
ministrator of the United States Agency for Inter-
national Development, the Secretary of the Treas-
ury, and the Secretary of Homeland Security shall— 
(A) review internal records and databases 
of their respective agencies for information that 
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can be used to verify employment of Iraqi na-
tionals by the United States Government; and 
(B) request from each prime contractor or 
grantee that has performed work in Iraq since 
March 20, 2003, under a contract, grant, or co-
operative agreement with their respective agen-
cies that is valued in excess of $25,000 infor-
mation that can be used to verify the employ-
ment of Iraqi nationals by such contractor or 
grantee. 
(2) INFORMATION
REQUIRED.—To the extent 
data is available, the information referred to in 
paragraph (1) shall include the name and dates of 
employment of, biometric data for, and other data 
that can be used to verify the employment of each 
Iraqi citizen or national who has performed work in 
Iraq since March 20, 2003, under a contract, grant, 
or cooperative agreement with an executive agency. 
(3) EXECUTIVE
AGENCY
DEFINED.—In this 
subsection, the term ‘‘executive agency’’ has the 
meaning given the term in section 4(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 
403(1)). 
(d) REPORT ON ESTABLISHMENT OF DATABASE.— 
Not later than 120 days after the date of the enactment 
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of this Act, the Secretary of Defense, in consultation with 
the Secretary of State, the Administrator of the United 
States Agency for International Development, the Sec-
retary of the Treasury, and the Secretary of Homeland 
Security, shall submit to Congress a report examining the 
options for establishing a unified, classified database of 
information related to contracts, grants, or cooperative 
agreements entered into by executive agencies for the per-
formance of work in Iraq since March 20, 2003, including 
the information described and collected under subsection 
(c), to be used by relevant Federal departments and agen-
cies to adjudicate refugee, asylum, special immigrant visa, 
and other immigration claims and applications. 
(e) NONCOMPLIANCE REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Presi-
dent shall submit a report to Congress that describes— 
(1) the inability or unwillingness of any con-
tractor or grantee to provide the information re-
quested under subsection (c)(1)(B); and 
(2) the reasons for failing to provide such infor-
mation. 
SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subtitle. 
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Subtitle D—Other Authorities and 
Limitations 
SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS 
UNDER COOPERATIVE RESEARCH AND DE-
VELOPMENT AGREEMENTS WITH NATO OR-
GANIZATIONS 
AND 
OTHER 
ALLIED 
AND 
FRIENDLY FOREIGN COUNTRIES. 
Section 2350a(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(A)’’; 
(B) by striking ‘‘an arms cooperation op-
portunities document’’ and inserting ‘‘a cooper-
ative opportunities document before the first 
milestone or decision point’’; and 
(C) by striking subparagraph (B); and 
(2) in paragraph (2), by striking ‘‘An arms co-
operation opportunities document’’ and inserting ‘‘A 
cooperative opportunities document’’. 
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SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY 
AUTHORITY 
TO 
USE 
ACQUISITION 
AND 
CROSS-SERVICING AGREEMENTS TO LEND 
MILITARY EQUIPMENT FOR PERSONNEL PRO-
TECTION AND SURVIVABILITY. 
(a) EXPANSION TO NATIONS ENGAGED IN CERTAIN 
PEACEKEEPING OPERATIONS.—Subsection (a) of section 
1202 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2412) is amended— 
(1) in paragraph (1), by inserting ‘‘or partici-
pating in combined operations with the United 
States as part of a peacekeeping operation under the 
Charter of the United Nations or another inter-
national agreement’’ after ‘‘Iraq or Afghanistan’’; 
and 
(2) in paragraph (3) by inserting ‘‘, or in a 
peacekeeping operation described in paragraph (1), 
as applicable,’’ after ‘‘Iraq or Afghanistan’’. 
(b) ONE-YEAR EXTENSION.—Subsection (e) of such 
section is amended by striking ‘‘September 30, 2008’’ and 
inserting ‘‘September 30, 2009’’. 
(c) CONFORMING AMENDMENT.—The heading of 
such section is amended by striking ‘‘FOREIGN FORCES 
IN IRAQ AND AFGHANISTAN’’ and inserting ‘‘CERTAIN 
FOREIGN FORCES’’. 
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SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERN-
MENT OF PALAU FOR COSTS OF UNITED 
STATES MILITARY CIVIC ACTION TEAM IN 
PALAU. 
Section 104(a) of Public Law 99–658 (48 U.S.C. 
1933(a)) is amended— 
(1) by striking ‘‘In recognition’’ and inserting 
‘‘(1) In recognition’’; and 
(2) by adding at the end the following: 
‘‘(2) For expenditures that the Department of De-
fense makes pursuant to paragraph (1), the Secretary of 
Defense may accept up to the amount of $250,000 in an-
nual funds from the Government of Palau as specified in 
paragraph (1). Funds accepted by the Secretary from the 
Government of Palau under this paragraph shall be cred-
ited to and merged with appropriations available to the 
Department of Defense and shall be used to defray ex-
penditures attendant to the operation of the United States 
military Civic Action Team in Palau. Funds so credited 
and merged shall be available for the same time period 
as the appropriations to which the funds are credited and 
merged.’’. 
SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH 
KOREA. 
Section 1211 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
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364; 120 Stat. 2420) is amended by striking subsection 
(a). 
SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER 
LEADERS OF AL QAEDA. 
(a) ENHANCED REWARD FOR CAPTURE OF OSAMA 
BIN LADEN.—Section 36(e)(1) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(1)) is 
amended by adding at the end the following new sentence: 
‘‘The Secretary shall authorize a reward of $50,000,000 
for the capture or death or information leading to the cap-
ture or death of Osama bin Laden.’’. 
(b) STATUS OF EFFORTS TO BRING OSAMA BIN 
LADEN AND OTHER LEADERS OF AL QAEDA TO JUS-
TICE.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of State and the Secretary of Defense 
shall, in coordination with the Director of National 
Intelligence, jointly submit to Congress a report on 
the progress made in bringing Osama bin Laden and 
other leaders of al Qaeda to justice. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) An assessment of the likely current lo-
cation of terrorist leaders, including Osama bin 
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Laden, Ayman al-Zawahiri, and other key lead-
ers of al Qaeda. 
(B) A description of ongoing efforts to 
bring to justice such terrorist leaders, particu-
larly those who have been directly implicated in 
attacks in the United States and its embassies. 
(C) An assessment of whether the govern-
ment of each country assessed as a likely loca-
tion of top leaders of al Qaeda has fully cooper-
ated in efforts to bring those leaders to justice. 
(D) A description of diplomatic efforts cur-
rently being made to improve the cooperation of 
the governments described in subparagraph (C). 
(E) A description of the current status of 
the top leadership of al Qaeda and the strategy 
for locating them and bringing them to justice. 
(F) An assessment of whether al Qaeda re-
mains the terrorist organization that poses the 
greatest threat to United States interests, in-
cluding the greatest threat to the territorial 
United States. 
(3) UPDATE OF REPORT.—Not later than one 
year after the submission of the report required 
under paragraph (1), the Secretary of State and the 
Secretary of Defense shall, in coordination with the 
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Director of National Intelligence, jointly submit to 
Congress an update of the report required under 
paragraph (1). 
(4) FORM.—The report required under para-
graph (1) and the update of the report required 
under paragraph (3) shall be submitted in unclassi-
fied form, but may contain a classified annex, if nec-
essary. 
SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PRO-
GRAM REVIEW COMMITTEE. 
(a) MEMBERS.—Section 1605 of the National De-
fense Authorization Act for Fiscal Year 1994 (22 U.S.C. 
2751 note) is amended in subsection (a)(1)— 
(1) in subparagraph (C) by striking ‘‘Director 
of Central Intelligence’’ and inserting ‘‘Director of 
National Intelligence’’; and 
(2) by adding at the end the following: 
‘‘(E) The Secretary of State. 
‘‘(F) The Secretary of Homeland Secu-
rity.’’. 
(b) ACCESS TO INFORMATION.—Subsection (d) of 
such section is amended by inserting after ‘‘Department 
of Energy,’’ the following: ‘‘the Department of State, the 
Department of Homeland Security,’’. 
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(c) TERMINATION.—Subsection (f) of such section is 
amended by striking ‘‘2008’’ and inserting ‘‘2013’’. 
(d) SUBMISSION OF REPORT.—Section 1503 of the 
National Defense Authorization Act for Fiscal Year 1995 
(22 U.S.C. 2751 note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘ANNUAL’’ and inserting 
‘‘BIENNIAL’’; and 
(B) by striking ‘‘each year’’ and inserting 
‘‘each odd-numbered year’’; and 
(2) in subsection (b)(5)— 
(A) by striking ‘‘fiscal year preceding’’ and 
inserting ‘‘two fiscal years preceding’’; and 
(B) by striking ‘‘preceding fiscal year’’ and 
inserting ‘‘preceding fiscal years’’. 
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMI-
SPHERE 
INSTITUTE 
FOR 
SECURITY 
CO-
OPERATION. 
It is the sense of Congress that— 
(1) the education and training facility of the 
Department of Defense known as the Western 
Hemisphere Institute for Security Cooperation has 
the mission of providing professional education and 
training to eligible military personnel, law enforce-
ment officials, and civilians of nations of the West-
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