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the Constitution and secured by law, and the con-
stituted authorities of that State are unable, fail, or 
refuse to protect that right, privilege, or immunity, 
or to give that protection; or 
‘‘(2) opposes or obstructs the execution of the 
laws of the United States or impedes the course of 
justice under those laws. 
In any situation covered by clause (1), the State shall be 
considered to have denied the equal protection of the laws 
secured by the Constitution.’’. 
(2) PROCLAMATION TO DISPERSE.—Section 334 
of such title is amended by striking ‘‘or those ob-
structing the enforcement of the laws’’ after ‘‘insur-
gents’’. 
(3) HEADING
AMENDMENT.—The heading of 
chapter 15 of such title is amended to read as fol-
lows: 
‘‘CHAPTER 15—INSURRECTION’’. 
(4) CLERICAL AMENDMENTS.— 
(A) The table of sections at the beginning 
of chapter 15 of such title is amended by strik-
ing the item relating to section 333 and insert-
ing the following new item: 
‘‘333. Interference with State and Federal law.’’. 
(B) The tables of chapters at the begin-
ning of subtitle A of title 10, United States
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Code, and at the beginning of part I of such 
subtitle, are each amended by striking the item 
relating to chapter 15 and inserting the fol-
lowing new item: 
‘‘15. Insurrection ......................................................................................
331’’. 
(b) REPEAL OF SECTION RELATING TO PROVISION 
OF SUPPLIES, SERVICES, AND EQUIPMENT.— 
(1) IN
GENERAL.—Section 2567 of title 10, 
United States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 152 of such title 
is amended by striking the item relating to section 
2567. 
(c) CONFORMING AMENDMENT.—Section 12304(c) of 
such title is amended by striking ‘‘Except to perform’’ and 
all that follows through ‘‘this section’’ and inserting ‘‘No 
unit or member of a reserve component may be ordered 
to active duty under this section to perform any of the 
functions authorized by chapter 15 or section 12406 of 
this title or, except as provided in subsection (b),’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act.
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SEC. 1055. SENSE OF CONGRESS REGARDING A MEMORIAL 
FOR MEMBERS OF THE ARMED FORCES WHO 
DIED IN AIR CRASH IN BAKERS CREEK, AUS-
TRALIA. 
(a) FINDINGS.—Congress finds the following: 
(1) During the Second World War, the United 
States Army Air Corps established rest and recre-
ation facilities in Mackay, Queensland, Australia. 
(2) From the end of January 1943 until early 
1944, thousands of United States servicemen were 
ferried from jungle battlefields in New Guinea to 
Mackay. 
(3) These servicemen traveled by air transport 
to spend an average of 10 days on a rest and relax-
ation furlough. 
(4) They usually were carried by two B–17C 
Flying Fortresses converted for transport duty. 
(5) On Monday, June 14, 1943, at about 6 
a.m., a B–17C, Serial Number 40–2072, took off 
from Mackay Airport for Port Moresby. 
(6) There were 6 crew members and 35 pas-
sengers aboard. 
(7) The aircraft took off into fog and soon 
made two left turns at low altitude. 
(8) A few minutes after takeoff, when it was 
five miles south of Mackay, the plane crashed at
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Bakers Creek, killing everyone on board except Cor-
poral Foye Kenneth Roberts of Wichita Falls, 
Texas, the sole survivor of the accident. 
(9) The cause of the crash remains a mystery, 
and the incident remains relatively unknown outside 
of Australia. 
(10) United States officials, who were under or-
ders not to reveal the presence of Allied troops in 
Australia, kept the crash a military secret during the 
war. 
(11) Due to wartime censorship, the news 
media did not report the crash. 
(12) Relatives of the victims received telegrams 
from the United States War Department stating lit-
tle more than that the serviceman had been killed 
somewhere in the South West Pacific. 
(13) The remains of the 40 crash victims were 
flown to Townsville, Queensland, where they were 
buried in the Belgian Gardens United States mili-
tary cemetery on June 19, 1943. 
(14) In early 1946, they were disinterred and 
shipped to Hawaii, where 13 were reburied in the 
National Memorial Cemetery of the Pacific, and the 
remainder were returned to the United States main-
land for reburial.
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(15) 15 years ago, Robert S. Cutler was read-
ing his father’s wartime journal and found a ref-
erence to the tragic B–17C airplane accident. 
(16) This discovery inspired Mr. Cutler to em-
bark upon a research project that would consume 
more than a decade and take him to Australia. 
(17) Retired United States Air Force Chief 
Master Sergeant Teddy W. Hanks, of Wichita Falls, 
Texas, who lost four of his World War II buddies in 
the crash, compiled a list of the casualties from 
United States archives in 1993 and began searching 
for their families. 
(18) The Bakers Creek Memorial Association, 
in conjunction with the Washington Post and retired 
United States Army genealogy experts Charles 
Gailey and Arvon Staats, located 23 additional fami-
lies of victims of the accident during the past two 
years. 
(19) Joy Shingleton, Donnie Tenney, Wendy 
Andrus, and Wilma Post, the family of Army Air 
Corps Corporal Edward J. Tenney, of Buckhannon, 
West Virginia, helped to bring this recently uncov-
ered World War II tragedy to light.
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(20) The commander of the United States Fifth 
Air Force officially had notified the relatives of 36 
of the 40 victims. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that an appropriate site in Arlington National Ceme-
tery should be provided for a memorial marker to honor 
the memory of the 40 members of the Armed Forces of 
the United States who lost their lives in the air crash at 
Bakers Creek, Australia, on June 14, 1943, provided that 
the Secretary of the Army have exclusive authority to ap-
prove the design and site for the memorial marker. 
SEC. 1056. BACKGROUND INVESTIGATIONS REQUIRED FOR 
CIVILIANS ENTERING MILITARY FACILITIES 
AND INSTALLATIONS. 
(a) BACKGROUND INVESTIGATIONS.— 
(1) IN
GENERAL.—Chapter 80 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1567. Civilian entry to military installations or fa-
cilities: 
background 
investigation 
re-
quired 
‘‘(a) IN GENERAL.—Any unescorted civilian seeking 
access to a military installation or facility, or any civilian 
who is an employee of a contractor or vendor of a military 
installation or facility, may not be allowed to enter the
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installation or facility unless a background investigation 
has been conducted on such individual in accordance with 
subsection (b). 
‘‘(b) BACKGROUND INVESTIGATION.—A background 
investigation required under this section— 
‘‘(1) shall be conducted by the Department of 
Defense through the National Crime Information 
Center of the Federal Bureau of Investigation; 
‘‘(2) shall verify the citizenship of the individual 
and make every effort to verify the individual’s true 
identity; and 
‘‘(3) shall determine whether there is an out-
standing warrant for the individual’s arrest and 
whether the individual is on a terrorist watch list. 
‘‘(c) EXEMPTION FOR DEPARTMENT OF DEFENSE 
IDENTIFICATION CARD HOLDERS.—The requirement for 
a background investigation under this section shall not 
apply to individuals possessing a valid Department of De-
fense identification card. 
‘‘(d) WAIVER FOR COMMUNITY EVENTS.—The base 
commander of a military installation or facility may waive 
the requirement for a background investigation under this 
section for persons attending base-sponsored community 
activities.’’.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘1567. Civilian entry to military installations or facilities: background investiga-
tion required.’’. 
(b) EFFECTIVE DATE.—Section 1567 of title 10, 
United States Code, as added by subsection (a), shall take 
effect on the date of the enactment of this Act. 
SEC. 1057. A REPORT ON TRANSFERRING INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report that contains a plan for the transfer of 
each individual presently detained at Naval Station, Guan-
tanamo Bay, Cuba, under the control of the Joint Task 
Force Guantanamo, who is or has ever been classified as 
an ‘‘enemy combatant’’ (referred to in this section as a 
‘‘detainee’’). 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An identification of the number of detainees 
who, as of December 31, 2007, the Department esti-
mates—
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(A) will have been charged with one or 
more crimes and may, therefore, be tried before 
a military commission; 
(B) will be subject of an order calling for 
the release or transfer of the detainee from the 
Guantanamo Bay facility; or 
(C) will not have been charged with any 
crimes and will not be subject to an order call-
ing for the release or transfer of the detainee 
from the Guantanamo Bay facility, but whom 
the Department wishes to continue to detain. 
(2) A description of the actions required to be 
undertaken, by the Secretary of Defense, possibly 
the heads of other Federal agencies, and Congress, 
to ensure that detainees who are subject to an order 
calling for their release or transfer from the Guanta-
namo Bay facility have, in fact, been released. 
SEC. 1058. STUDY AND REPORT ON USE OF POWER MAN-
AGEMENT SOFTWARE. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the use of power management software by civil-
ian and military personnel and facilities of the Depart-
ment of Defense to reduce the use of electricity in com-
puter monitors and personal computers. This study shall 
include recommendations for baseline electric power use,
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for ensuring robust monitoring and verification of power 
use requirements on a continuing basis, and for potential 
technological solutions or best practices for achieving these 
efficiency objectives. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report containing the results of the study 
under subsection (a), including a description of the rec-
ommendations developed under the study. 
TITLE Y—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Compensation for Federal wage system employees for certain travel 
hours. 
Sec. 1102. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1103. Accumulation of annual leave by senior level employees. 
Sec. 1104. Travel compensation for wage grade personnel. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Annuity commencing dates. 
Sec. 1108. 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. 1109. 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 a combat 
zone. 
Sec. 1110. Use of leave transfer program by wounded veterans who are Federal 
employees. 
Sec. 1111. Requirement for full implementation of personnel demonstration 
project. 
Sec. 1112. Extension of information technology exchange program with respect 
to the Department of Defense.
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SEC. 1101. COMPENSATION FOR FEDERAL WAGE SYSTEM 
EMPLOYEES FOR CERTAIN TRAVEL HOURS. 
Clause (iv) of section 5544(a) of title 5, United 
States Code, is amended by striking ‘‘administratively.’’ 
and inserting ‘‘administratively (including travel by such 
employee to such event and the return of such employee 
from such event to his or her official duty station).’’. 
SEC. 1102. 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— 
‘‘(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—
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‘‘(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 
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, notwith-
standing section 5737(b), for such additional period 
of time as the agency head may determine; and