In the nature of a substitute.

TEXT OF AMENDMENTS

SA 2003. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XV, add the following:

SEC. 1535. CONSTRUCTION OF PROVISIONS.

No provision of this Act may be construed or interpreted as
providing a specific authorization for the President to
maintain the presence of United States forces in Iraq.
______

SA 2004. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. 1535. CONTINGENCY PLAN FOR RAPID REDEPLOYMENT AND PLAN
FOR PHASED REDEPLOYMENT OF UNITED STATES FORCES
FROM IRAQ.

(a) Submittal of Plans to Congress.--Not later than 60 days
after the date of the enactment of this Act, the President
shall submit to Congress a comprehensive, current plan for
each of the following:
(1) The rapid redeployment of United States forces from
Iraq.
(2) The phased redeployment of United States forces from
Iraq, with such redeployment to be completed not later than
180 days after its commencement.
(b) Plan Elements.--Each plan on redeployment under
subsection (a) shall include elements as follows:
(1) A comprehensive description of the redeployment as
currently proposed.
(2) A comprehensive diplomatic, political, and economic
strategy that includes sustained engagement with Iraq's
neighbors and the international community for the purpose of
working collectively to bring stability to Iraq during and
after the redeployment.
(3) Plans for United States basing rights in the region
after the redeployment.
(4) Plans for United States military access to Iraq to
protect United States citizens, personnel, and infrastructure
in Iraq during and after the redeployment.
(5) Plans for United States and other allied and
international assistance to the Government of Iraq during and
after the redeployment to support its security needs
(including the training and equipping of Iraqi forces) and
its economic and humanitarian needs.
(6) Plans for efforts to prevent a refugee flow from Iraq
that would destabilize the region.
(7) An estimate of the costs of replacing United States
military equipment left in Iraq after the redeployment, or
otherwise depleted, including equipment of the regular
components of the Armed Forces and equipment of the National
Guard.
(8) An estimate of the costs of the redeployment and of any
support of the Government of Iraq after the redeployment.
(c) Form.--Each plan on a redeployment under subsection (a)
shall be submitted in both classified and unclassified form
in order to permit the complete articulation of the plan.

SEC. 1536. AVAILABILITY OF FUNDS FOR THE SAFE AND ORDERLY
REDUCTION OF UNITED STATES FORCES IN IRAQ.

Notwithstanding any other provision of law, funds
appropriated or otherwise made available by any Act are
available for obligation and expenditure to plan and execute
a safe and orderly reduction of United States forces in Iraq.
______

SA 2005. Mr. SESSIONS (for himself and Mr. Shelby) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle D of title V, add the following:

SEC. 555. AUTHORITY OF THE AIR UNIVERSITY TO CONFER
ADDITIONAL ACADEMIC DEGREES.

Section 9317(a) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(5) The degree of doctor of philosophy in strategic
studies upon graduates of the School of Advanced Airpower
Studies who fulfill the requirements for that degree in
manner consistent with the guidelines of the Department of
Education and the principles of the regional accrediting body
for Air University.
``(6) The degree of bachelor of applied science in military
leadership upon graduates of Air University who fulfill the
requirements for that degree in a manner consistent with the
guidelines of the Department of Education and the principles
of the regional accrediting body for Air University.
``(7) The degree of master of air, space, and cyberspace
studies upon graduates of Air University who fulfill the
requirements for that degree in a manner consistent with the
recommendations of the Department of Education and the
principles of the regional accrediting body for Air
University.
``(8) The degree of master of flight test engineering
science upon graduates of the Air Force Test Pilot School who
fulfill the requirements for that degree in a manner
consistent with the recommendations of the Department of
Education and the principles of the regional accrediting body
for Air University.''.
______

SA 2006. Mr. SESSIONS (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place in title VI, insert the following:

SEC. [ARM07E81]. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL
COSTS FOR CERTAIN SELECTED RESERVE MEMBERS.

(a) Payment of Travel Costs Authorized.--Chapter 7 of title
37, United States Code, is amended by inserting after section
408 the following new section:

``Sec. 408a. Travel and transportation allowances: inactive
duty training or unit training assembly outside of
commuting distance of duty station

``(a) Allowance Authorized.--Under regulations prescribed
by the Secretary concerned, if a member of the Selected
Reserve who occupies a specialty designated by the Secretary
for purposes of this section performs inactive duty training
or attends a unit training assembly outside of the commuting
limits of the member's station for the purpose of maintaining
mission readiness, the Secretary may reimburse the member for
travel expenses in an amount not to exceed $300 for the
training or assembly.
``(b) Duration of Authority.--Reimbursement may not be
provided under this section for travel costs incurred before
October 1, 2008, or after December 31, 2014.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 408 the following new
item:

``408a. Travel and transportation allowances: inactive duty training or
unit training assembly outside of commuting distance of
duty station.''.

______

SA 2007. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in title III, insert the
following:

SEC. [ARM07F75]. AUTHORITY FOR DEPARTMENT OF DEFENSE TO
PROVIDE SUPPORT FOR CERTAIN SPORTING EVENTS.

(a) Provision of Support.--Section 2564 of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraphs:
``(4) A sporting event sanctioned by the United States
Olympic Committee through the Paralympic Military Program.
``(5) Any national or international paralympic sporting
event (other than a sporting event described in paragraphs
(1) through (4))--
``(A) that--
``(i) is held in the United States or any of its
territories or commonwealths;
``(ii) is governed by the International Paralympic
Committee; and
``(iii) is sanctioned by the United States Olympic
Committee;
``(B) for which participation exceeds 100 amateur athletes;
and
``(C) in which at least 25 percent of the athletes
participating in the sporting event are

[[Page S8801]]

members or former members of the armed forces who are
participating in the sporting event based upon an injury or
wound incurred in the line of duty in the armed force and
veterans who are participating in the sporting event based
upon a service-connected disability.''; and
(2) by adding at the end the following new subsection:
``(g) Funding for Support of Certain Events.--(1) Amounts
for the provision of support for a sporting event described
in paragraph (4) or (5) of subsection (c) shall be derived
from the Support for International Sporting Competitions,
Defense account established by section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note),
notwithstanding any limitation under that section relating to
the availability of funds in such account for the provision
of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to
provide support for sporting events described in subsection
(c)(5) may not exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note)
is amended--
(1) by inserting after ``international sporting
competitions'' the following: ``and for support of sporting
competitions authorized under section 2564(c)(4) and (5), of
title 10, United States Code,''; and
(2) by striking ``45 days'' and inserting ``15 days''.

______

SA 2008. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in title III, insert the
following:

SEC. __. DEFINITION OF MATERIAL SUPPLY FUNCTION.

(a) In General.--Section 2460 of title 10, United States
Code is amended--
(1) by amending the section heading to read as follows:

``Sec. 2460. Definitions'';

(2) in subsection (a)--
(A) by striking ``In General.--In this chapter'' and
inserting ``Depot-Level Maintenance and Repair.--(1) In this
chapter'';
(B) by striking ``(except as provided in subsection (b))''
and inserting ``(except as provided in paragraph (2))''; and
(C) by striking ``includes (1)'' and all that follows
through ``(2) interim contractor support'' and inserting the
following: ``includes--
``(A) all aspects of software maintenance classified by the
Department of Defense as of July 1, 1995, as depot-level
maintenance and repair; and
``(B) interim contractor support'';
(3) by redesignating subsection (b) as paragraph (2);
(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection--
(A) by striking ``Exceptions.--(1) The term does not
include the procurement of major modifications'' and
inserting ``The term does not include--
``(A) the procurement of major modifications'';
(B) by striking ``aircraft carrier. A major upgrade program
covered by this exception could'' and inserting ``aircraft
carrier, which could''; and
(C) by striking ``public sector activities.'' and all that
follows through ``safety modifications. However, the term
does include the installation'' and inserting ``public sector
activities; or
``(B) the procurement of parts for safety modifications,
but does include the installation''; and
(5) by adding at the end the following new subsection:
``(b) Materiel Supply Function.--In this chapter, the term
`materiel supply function' means the procurement,
distribution, and maintenance of items while the items are in
storage, but does not include in-process functions involving
depot-level maintenance that has begun but has not been
completed.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2460. Definitions.''.
______

SA 2009. Ms. CANTWELL (for herself and Mrs. MURRAY) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title III, add the following:

SEC. 358. CONTINUED OPERATIONS OF 36TH RESCUE FLIGHT.

(a) Increase in Amount for Operation and Maintenance, Air
Force.--The amount authorized to be appropriated by section
301(4) for operation and maintenance for the Air Force is
hereby increased by $4,000,000.
(b) Availability for the 36th Rescue Flight.--Of the amount
authorized to be appropriated by section 301(4) for operation
and maintenance for the Air Force, as increased by subsection
(a), $4,000,000 may be available for the Air Force unit known
as the 36th Rescue Flight that is assigned to Fairchild Air
Force Base in Spokane, Washington.
(c) Deactivation Prohibited.--The Secretary of Defense
shall ensure that no action is taken to deactivate the 36th
Rescue Flight or to reassign or reorganize any of the search
and rescue capabilities of that unit.
______

SA 2010. Mr. VITTER (for himself and Mr. Kyl) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle C of title I, add the following:

SEC. 132. ENHANCEMENT OF FLEET MISSILE DEFENSE CAPABILITIES.

(a) Additional Amount for Enhancement of Atlantic Fleet
Missile Defense Capabilities.--
(1) Additional amount.--The amount authorized to be
appropriated by section 102(a)(4) for other procurement for
the Navy is hereby increased by $62,000,000.
(2) Availability.--Of the amount authorized to be
appropriated by section 102(a)(4) for other procurement for
the Navy, as increased by paragraph (1), the amount available
for Program Element 0204228N for DDG Modernization (Project
0900) is hereby increased by $62,000,000, with such amount to
be available--
(A) for the procurement of equipment to outfit United
States Atlantic Fleet ships with Aegis Ballistic Missile
Defense Radar and Weapons System modifications; and
(B) to expand and enhance Navy installation teams to
support installation of the modifications described in
paragraph (1) into United States Atlantic Fleet vessels
commencing in 2010.
(b) Additional Amount for Aegis Ballistic Missile Defense
Ships.--
(1) Additional amount.--The amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation, Defense-wide is hereby increased by
$25,000,000.
(2) Availability.--Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation, Defense-wide, as increased by paragraph
(1), $25,000,000 may be available for Ballistic Missile
Defense Aegis (Program Element 0603892C) for the enhancement
of the capacity of Aegis Ballistic Missile Defense ships to
intercept ballistic missiles in the ascent phase.
(c) Offset.--The amount authorized to be appropriated by
section 1505(4) for research, development, test, and
evaluation, Defense-wide activities, is hereby reduced by
$87,000,000, with the amount of the reduction to be allocated
to funds available for MILSATCOM Terminals (Program Element
0303601F).
______

SA 2011. Mr. NELSON of Nebraska (for Mr. Levin) proposed an amendment
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2008''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.

[[Page S8802]]

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley
fighting vehicle upgrades.
Sec. 113. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter
Information Network-Tactical program into single Army
tactical network program.

Subtitle C--Navy Programs

Sec. 131. Multiyear procurement authority for Virginia class submarine
program.

Subtitle D--Air Force Programs

Sec. 141. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 142. Limitation on retirement of KC-135E aerial refueling
aircraft.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Advanced Sensor Applications Program.
Sec. 212. Active protection systems.
Sec. 213. Obligation and expenditure of funds for competitive
procurement of propulsion system for the Joint Strike
Fighter.

Subtitle C--Missile Defense Programs

Sec. 231. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe.
Sec. 232. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 233. Budget and acquisition requirements for Missile Defense
Agency activities.
Sec. 234. Participation of Director, Operational Test and Evaluation,
in missile defense test and evaluation activities.
Sec. 235. Extension of Comptroller General assessments of ballistic
missile defense programs.

Subtitle D--Other Matters

Sec. 251. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 252. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
Sec. 254. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research
with similar Federal programs.
Sec. 255. Enhancement of defense nanotechnology research and
development program.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund
Site, Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing
Complex, Washington.

Subtitle C--Program Requirements, Restrictions, and Limitations

Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Extension of temporary authority for contract performance of
security guard functions.
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.
Sec. 324. Individual body armor.

Subtitle D--Workplace and Depot Issues

Sec. 341. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.

Subtitle E--Other Matters

Sec. 351. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully
obtained property of the Armed Forces.
Sec. 355. Authority to impose reasonable conditions on the payment of
full replacement value for claims related to personal
property transported at Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in
connection with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on
the readiness of Army and Marine Corps ground forces.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Increase in authorized strengths for Army officers on active
duty in the grade of major to meet force structure
requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active
duty in grades of lieutenant commander, commander, and
captain to meet force structure requirements.
Sec. 503. Expansion of exclusion of military permanent professors from
strength limitations for officers below general and flag
grades.
Sec. 504. Mandatory retirement age for active-duty general and flag
officers continued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for
initial appointments of officers in critically short
health professional specialties.
Sec. 506. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 507. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 508. Enhanced authority for reserve general and flag officers to
serve on active duty.
Sec. 509. Promotion of career military professors of the Navy.

Subtitle B--Enlisted Personnel Policy

Sec. 521. Increase in authorized daily average of number of members in
pay grade E-9.

Subtitle C--Reserve Component Management

Sec. 531. Revised designation, structure, and functions of the Reserve
Forces Policy Board.
Sec. 532. Charter for the National Guard Bureau.
Sec. 533. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 534. Mandatory separation for years of service of Reserve officers
in the grade of lieutenant general or vice admiral.
Sec. 535. Increase in period of temporary Federal recognition as
officers of the National Guard from six to twelve months.

Subtitle D--Education and Training

Sec. 551. Grade and service credit of commissioned officers in
uniformed medical accession programs.
Sec. 552. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States
Military Academy.
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools,
Southold, New York, as single institution for purposes of
maintaining a Junior Reserve Officers' Training Corps
unit.

Subtitle E--Defense Dependents' Education Matters

Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Inclusion of dependents of non-Department of Defense
employees employed on Federal property in plan relating
to force structure changes, relocation of military units,
or base closures and realignments.

[[Page S8803]]

Sec. 564. Authority for payment of private boarding school tuition for
military dependents in overseas areas not served by
Department of Defense dependents' schools.

Subtitle F--Military Justice and Legal Assistance Matters

Sec. 571. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 572. Military legal assistance for Department of Defense civilian
employees in areas without access to non-military legal
assistance.
Sec. 573. Modification of authorities on senior members of the Judge
Advocate Generals' corps.

Subtitle G--Military Family Readiness

Sec. 581. Department of Defense Military Family Readiness Council.
Sec. 582. Department of Defense policy and plans for military family
readiness.

Subtitle H--Other Matters

Sec. 591. Enhancement of carryover of accumulated leave for members of
the Armed Forces.
Sec. 592. Uniform policy on performances by military bands.
Sec. 593. Waiver of time limitations on award of Medals of Honor to
certain members of the Army.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Allowance for participation of Reserves in electronic
screening.
Sec. 603. Midmonth payment of basic pay for contributions of members
participating in Thrift Savings Plan.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers of the Armed Forces.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Enhancement of hardship duty pay.
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed
ship in sea duty for career sea pay.
Sec. 619. Modification of reenlistment bonus for members of the
Selected Reserve.
Sec. 620. Increase in years of commissioned service covered by
agreements for nuclear-qualified officers extending
periods of active duty.
Sec. 621. Authority to waive 25-year active duty limit for retention
bonus for critical military skills with respect to
certain members.
Sec. 622. Codification and improvement of authority to pay bonus to
encourage members of the Army to refer other persons for
enlistment in the Army.
Sec. 623. Authority to pay bonus to encourage Department of Defense
personnel to refer other persons for appointment as
officers to serve in health professions.
Sec. 624. Accession bonus for participants in Armed Forces Health
Professions Scholarship and Financial Assistance program.

Subtitle C--Travel and Transportation Allowances

Sec. 641. Payment of expenses of travel to the United States for
obstetrical purposes of dependents located in very remote
locations outside the United States.
Sec. 642. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 651. Modification of scheme for payment of death gratuity payable
with respect to members of the Armed Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children
under Survivor Benefit Plan.
Sec. 653. Expansion of combat-related special compensation eligibility
for chapter 61 military retirees.
Sec. 654. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over
30 years of service.
Sec. 655. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.

Subtitle E--Education Benefits

Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment
program.

Subtitle F--Other Matters

Sec. 681. Enhancement of authorities on income replacement payments for
Reserves experiencing extended and frequent mobilization
for active-duty service.
Sec. 682. Overseas naturalization of military family members.

TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and
TRICARE Extra.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Substantial savings under multiyear contracts.
Sec. 802. Changes to Milestone B certifications.
Sec. 803. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 804. Investment strategy for major defense acquisition programs.
Sec. 805. Report on implementation of recommendations on total
ownership cost for major weapon systems.

Subtitle B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations

Sec. 821. Enhanced competition requirements for task and delivery order
contracts.
Sec. 822. Clarification of rules regarding the procurement of
commercial items.
Sec. 823. Clarification of rules regarding the procurement of
commercial services.
Sec. 824. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 825. Five-year extension of authority to carry out certain
prototype projects.
Sec. 826. Multiyear procurement authority for electricity from
renewable energy sources.

Subtitle C--Acquisition Policy and Management

Sec. 841. Joint Requirements Oversight Council.
Sec. 842. Management structure for the procurement of contract
services.
Sec. 843. Specification of amounts requested for procurement of
contract services.
Sec. 844. Department of Defense Acquisition Workforce Development Fund.
Sec. 845. Inventories and reviews of contracts for services based on
cost or time of performance.
Sec. 846. Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies.

Subtitle D--Department of Defense Contractor Matters

Sec. 861. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 862. Requirements for defense contractors relating to certain
former Department of Defense officials.
Sec. 863. Report on contractor ethics programs of major defense
contractors.
Sec. 864. Report on Department of Defense contracting with contractors
or subcontractors employing members of the Selected
Reserve.

Subtitle E--Other Matters

Sec. 871. Contractors performing private security functions in areas of
combat operations.
Sec. 872. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 873. Defense Science Board review of Department of Defense
policies and procedures for the acquisition of
information technology.
Sec. 874. Enhancement and extension of acquisition authority for the
unified combatant command for joint warfighting
experimentation.
Sec. 875. Repeal of requirement for identification of essential
military items and military system essential item
breakout list.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel.
Sec. 902. Chief management officers of the Department of Defense.

[[Page S8804]]

Sec. 903. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 904. Department of Defense Board of Actuaries.
Sec. 905. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff
and Assistant Chiefs of Staff.
Sec. 907. Sense of Congress on term of office of the Director of
Operational Test and Evaluation.

Subtitle B--Space Matters

Sec. 921. Space posture review.
Sec. 922. Additional report on oversight of acquisition for defense
space programs.

Subtitle C--Other Matters

Sec. 931. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and
missions.
Sec. 932. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 933. United States Military Cancer Institute.
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.
Sec. 935. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere
Institute for Security Cooperation.
Sec. 936. Comptroller General assessment of proposed reorganization of
the office of the Under Secretary of Defense for Policy.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1003. Modification of fiscal year 2007 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1007. Extension of period for transfer of funds to Foreign
Currency Fluctuations, Defense account.

Subtitle B--Counter-Drug Activities

Sec. 1011. Expansion of Department of Defense authority to provide
support for counter-drug activities to certain additional
foreign governments.

Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Enhancement of authority to pay rewards for assistance in
combating terrorism.
Sec. 1022. Repeal of modification of authorities relating to the use of
the Armed Forces in major public emergencies.
Sec. 1023. Procedures for Combatant Status Review Tribunals;
modification of military commission authorities.
Sec. 1024. Gift acceptance authority.
Sec. 1025. Expansion of cooperative agreement authority for management
of cultural resources.
Sec. 1026. Minimum annual purchase amounts for airlift from carriers
participating in the Civil Reserve Air Fleet.
Sec. 1027. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1028. Participation in Strategic Airlift Capability Partnership.
Sec. 1029. Responsibility of the Air Force for fixed-wing support of
Army intra-theater logistics.
Sec. 1030. Prohibition on sale of parts for F-14 fighter aircraft.

Subtitle D--Reports

Sec. 1041. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1042. Report on threats to the United States from ungoverned
areas.
Sec. 1043. Study on national security interagency system.

Subtitle E--Other Matters

Sec. 1061. Revised nuclear posture review.
Sec. 1062. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1063. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1064. Repeal of standards for disqualification from issuance of
security clearances by the Department of Defense.
Sec. 1065. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1066. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1067. Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 1068. Establishment of National Foreign Language Coordination
Council.
Sec. 1069. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Compensation of Federal wage system employees for certain
travel hours.
Sec. 1102. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1103. Continuation of life insurance coverage for Federal
employees called to active duty.
Sec. 1104. Department of Defense National Security Personnel System.
Sec. 1105. Authority to waive limitation on premium pay for Federal
civilian employees working overseas under areas of United
States Central Command.
Sec. 1106. Authority for inclusion of certain Office of Defense
Research and Engineering positions in experimental
personnel program for scientific and technical personnel.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Authority to equip and train foreign personnel to assist in
accounting for missing United States personnel.
Sec. 1202. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Government Accountability Office report on Global Peace
Operations Initiative.

Subtitle B--Other Authorities and Limitations

Sec. 1211. Cooperative opportunities documents under cooperative
research and development agreements with NATO
organizations and other allied and friendly foreign
countries.
Sec. 1212. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend
military equipment for personnel protection and
survivability.
Sec. 1213. Acceptance of funds from the Government of Palau for costs
of military Civic Action Teams.
Sec. 1214. Extension of participation of the Department of Defense in
multinational military centers of excellence.
Sec. 1215. Limitation on assistance to the Government of Thailand.
Sec. 1216. Presidential report on policy objectives and United States
strategy regarding Iran.
Sec. 1217. Limitation on availability of certain funds pending
implementation of requirements regarding North Korea.

Subtitle C--Reports

Sec. 1231. Reports on United States policy and military operations in
Afghanistan.
Sec. 1232. Strategy for enhancing security in Afghanistan by
eliminating safe havens for violent extremists in
Pakistan.
Sec. 1233. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet Union.
Sec. 1305. Repeal of restrictions on assistance to states of the former
Soviet Union for cooperative threat reduction.
Sec. 1306. National Academy of Sciences study of prevention of
proliferation of biological weapons.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from
lower inflation.

Subtitle B--National Defense Stockpile

Sec. 1411. Disposal of ferromanganese.
Sec. 1412. Disposal of chrome metal.

[[Page S8805]]

Sec. 1413. Modification of receipt objectives for previously authorized
disposals from the national defense stockpile.

Subtitle C--Civil Programs

Sec. 1421. Armed Forces Retirement Home.

Subtitle D--Chemical Demilitarization Matters

Sec. 1431. Modification of termination requirement for Chemical
Demilitarization Citizens' Advisory Commissions.
Sec. 1432. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 1433. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.

TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Subtitle A--Authorization of Additional War-Related Appropriations

Sec. 1501. Army procurement.
Sec. 1502. Navy and Marine Corps procurement.
Sec. 1503. Air Force procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation.
Sec. 1506. Operation and maintenance.
Sec. 1507. Military personnel.
Sec. 1508. Defense Health Program.
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.
Sec. 1511. Iraq Security Forces Fund.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Iraq Freedom Fund.
Sec. 1514. Defense Working Capital Funds.
Sec. 1515. National Defense Sealift Fund.
Sec. 1516. Defense Inspector General.

Subtitle B--General Provisions Relating to Authorizations

Sec. 1521. Purpose.
Sec. 1522. Treatment as additional authorizations.
Sec. 1523. Special transfer authority.

Subtitle C--Other Matters

Sec. 1531. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1532. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1533. Logistical support for coalition forces supporting
operations in Iraq and Afghanistan.
Sec. 1534. Competition for procurement of small arms supplied to Iraq
and Afghanistan.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2005
project.
Sec. 2108. Technical amendments to the Military Construction
Authorization Act for 2007.
Sec. 2109. Ground lease, SOUTHCOM Headquarters Facility, Miami-Doral,
Florida.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out
certain fiscal year 2007 Defense Agencies projects.
Sec. 2405. Extension of authorizations of certain fiscal year 2005
projects.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not
appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004
projects.

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Effective Date and Expiration of Authorizations

Sec. 2801. Effective Date.
Sec. 2802. Expiration of authorizations and amounts required to be
specified by law.

Subtitle B--Military Construction Program and Military Family Housing
Changes

Sec. 2811. General military construction transfer authority.
Sec. 2812. Modifications of authority to lease military family housing.
Sec. 2813. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2814. Modification and extension of temporary, limited authority
to use operation and maintenance funds for construction
projects outside the United States.
Sec. 2815. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor
military construction projects.
Sec. 2816. Two-year extension of temporary program to use minor
military construction authority for construction of child
development centers.
Sec. 2817. Extension of authority to accept equalization payments for
facility exchanges.

Subtitle C--Real Property and Facilities Administration

Sec. 2831. Requirement to report transactions resulting in annual costs
of more than $750,000.
Sec. 2832. Modification of authority to lease non-excess property.
Sec. 2833. Enhanced flexibility to create or expand buffer zones.
Sec. 2834. Reports on Army and Marine Corps operational ranges.
Sec. 2835. Consolidation of real property provisions without
substantive change.

Subtitle D--Base Closure and Realignment

Sec. 2841. Niagara Air Reserve Base, New York, basing report.

Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2853. Transfer of administrative jurisdiction, GSA property,
Springfield, Virginia.

[[Page S8806]]

Subtitle F--Other Matters

Sec. 2861. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2862. Repeal of requirement for study and report on impact to
military readiness of proposed land management changes on
public lands in Utah.
Sec. 2863. Additional project in Rhode Island.

TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2901. Authorized war-related Army construction and land
acquisition projects.
Sec. 2902. Authorization of war-related military construction
appropriations, Army.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3113. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.

Subtitle C--Other Matters

Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3123. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.
Sec. 3124. Comptroller General report on Department of Energy
protective force management.
Sec. 3125. Technical amendments.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Army as follows:
(1) For aircraft, $5,229,175,000.
(2) For missiles, $2,178,102,000.
(3) For weapons and tracked combat vehicles,
$7,546,684,000.
(4) For ammunition, $2,228,976,000.
(5) For other procurement, $15,013,155,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $13,475,107,000.
(2) For weapons, including missiles and torpedoes,
$3,078,387,000.
(3) For shipbuilding and conversion, $13,605,638,000.
(4) For other procurement, $5,432,412,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for procurement for the
Marine Corps in the amount of $2,699,057,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $926,597,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,593,813,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,166,002,000.
(4) For other procurement, $16,312,962,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for Defense-wide procurement in the amount of
$3,385,970,000.

SEC. 105. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the Rapid Acquisition Fund in the amount of
$100,000,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS
SYSTEM ENHANCEMENT PACKAGE UPGRADES.

The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year,
for procurement of M1A2 Abrams System Enhancement Package
upgrades.

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3
BRADLEY FIGHTING VEHICLE UPGRADES.

The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year,
for procurement of M2A3/M3A3 Bradley fighting vehicle
upgrades.

SEC. 113. STRYKER MOBILE GUN SYSTEM.

(a) Limitation on Availability of Funds.--None of the
amounts authorized to be appropriated by sections 101(3) and
1501(3) for procurement of weapons and tracked combat
vehicles for the Army may be obligated or expended for
purposes of the procurement of the Stryker Mobile Gun System
until 30 days after the date on which the Secretary of the
Army certifies to Congress that the Stryker Mobile Gun System
is operationally effective, suitable, and survivable for its
anticipated deployment missions.
(b) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if the Secretary--
(1) determines that further procurement of the Stryker
Mobile Gun System utilizing amounts referred to in subsection
(a) is in the national security interest of the United States
notwithstanding the inability of the Secretary of the Army to
make the certification required by that subsection; and
(2) submits to the Congress, in writing , a notification of
the waiver together with a discussion of--
(A) the reasons for the determination described in
paragraph (1); and
(B) the actions that will be taken to mitigate any
deficiencies that cause the Stryker Mobile Gun System not to
be operationally effective, suitable, or survivable, as that
case may be, as described in subsection (a).

SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND
WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM
INTO SINGLE ARMY TACTICAL NETWORK PROGRAM.

(a) Consolidation Required.--The Secretary of the Army
shall consolidate the Joint Network Node program and the
Warfighter Information Network-Tactical program into a single
Army tactical network program.
(b) Report on Consolidation.--
(1) Report required.--Not later than December 31, 2007, the
Secretary shall, with the concurrence of the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Assistant Secretary of Defense for Networks and Information
Integration, submit to the congressional defense committees a
report setting forth a plan to consolidate the Joint Network
Node program and the Warfighter Information Network-Tactical
program into a single Army tactical network program as
required by subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include with respect to the acquisition of the single Army
tactical network required by subsection (a) the following:
(A) An analysis of how the systems specified in paragraph
(1) will be integrated, including--
(i) an analysis of whether there are opportunities to
leverage technologies and equipment from the Warfighter
Information Network-Tactical program as part of the
continuing development and fielding of the Joint Network
Node; and
(ii) an analysis of major technical challenges of
integrating the two programs.
(B) A description of the extent to which components of the
systems could be used together as elements of a single Army
tactical network.
(C) A description of the strategy of the Army for
completing the systems engineering necessary to ensure the
end-to-end interoperability of a single Army tactical network
as described in subsection (a).
(D) An assessment of the costs of acquiring the systems.
(E) An assessment of the technical compatibility of the
systems.
(F) A description and assessment of the plans of the Army
relating to ownership of the technical data packages for the
systems, and an assessment of the capacity of the industrial
base to support Army needs.
(G) A description of the plans and schedule of the Army for
fielding the systems, and a description of the associated
training schedule.
(H) A description of the plans of the Army for sustaining
the single Army tactical network.
(I) A description of the plans of the Army for the
insertion of new technology into the Joint Network Node.
(J) A description of the major technical challenges of
integrating the two programs.
(K) An assessment as to whether other programs should be
inserted into the single Army tactical network as required by
subsection (a).
(L) An analysis of the interoperability requirements
between the Army tactical network and the Joint Network Node,
an assessment of the technological barriers to achievement of
such interoperability requirements, and a description of
formal mechanisms of coordination between the Army tactical
network and the Joint Network Node program.

[[Page S8807]]

Subtitle C--Navy Programs

SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.

(a) Authority.--The Secretary of the Navy may, in
accordance with section 2306b of title 10, United States
Code, enter into multiyear contracts, beginning with the
fiscal year 2009 program year, for the procurement of
Virginia-class submarines and government-furnished equipment.
(b) Limitation.--The Secretary of the Navy may not enter
into a contract authorized by subsection (a) until 30 days
after the date on which the Secretary submits to the
congressional defense committees a certification that the
Secretary has made each of the findings with respect to such
contract specified in subsection (a) of section 2306b of
title 10, United States Code.

Subtitle D--Air Force Programs

SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL
AIRLIFT AIRCRAFT.

(a) Limitation.--The Secretary of the Air Force may not
retire C-130E/H tactical airlift aircraft during fiscal year
2008.
(b) Maintenance of Certain Retired Aircraft.--The Secretary
of the Air Force shall maintain each C-130E/H tactical
airlift aircraft retired during fiscal year 2007 in a
condition that will permit recall of such aircraft to future
service.

SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL
REFUELING AIRCRAFT.

The Secretary of the Air Force shall not retire any KC-135E
aerial refueling aircraft of the Air Force in fiscal year
2008 unless the Secretary provides written notification of
such retirement to the congressional defense committees in
accordance with established procedures.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $11,268,904,000.
(2) For the Navy, $16,296,395,000.
(3) For the Air Force, $25,581,989,000.
(4) For Defense-wide activities, $21,511,739,000, of which
$180,264,000 is authorized for the Director of Operational
Test and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) Fiscal Year 2008.--Of the amounts authorized to be
appropriated by section 201, $11,204,784,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense budget activity 1, 2, or 3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. ADVANCED SENSOR APPLICATIONS PROGRAM.

(a) Transfer of Funds.--Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation, Defense-wide activities, and made
available for the Foreign Material Acquisition and
Exploitation Program and for activities of the Office of
Special Technology, an aggregate of $20,000,000 shall be
transferred to the Advanced Sensor Applications Program not
later than 60 days after the date of the enactment of this
Act.
(b) Reassignment of Program.--Beginning not later than 30
days after the date of the enactment of this Act, the
Advanced Sensor Applications Program shall be a program of
the Defense Threat Reduction Agency, managed by the Director
of the Defense Threat Reduction Agency, and shall be executed
by the Program Executive Officer for Aviation for the Navy
working for the Director of the Defense Threat Reduction
Agency.

SEC. 212. ACTIVE PROTECTION SYSTEMS.

(a) Comparative Tests Required.--
(1) In general.--The Secretary of Defense shall undertake
comparative tests, including live-fire tests, of appropriate
foreign and domestic active protection systems in order--
(A) to determine the effectiveness of such systems; and
(B) to develop information useful in the consideration of
the adoption of such systems in defense acquisition programs.
(2) Reports.--Not later than March 1 of each of 2008 and
2009, the Secretary shall submit to the congressional defense
committees a report on the results of the tests undertaken
under paragraph (1) as of the date of such report.
(b) Comprehensive Assessment Required.--
(1) In general.--The Secretary shall undertake a
comprehensive assessment of active protection systems in
order to develop information useful in the development of
joint active protection systems and other defense programs.
(2) Elements.--The assessment under paragraph (1) shall
include--
(A) an identification of the potential merits and
operational costs of the use of active protection systems by
United States military forces;
(B) a characterization of the threats that use of active
protection systems by potential adversaries would pose to
United States military forces and weapons;
(C) an identification and assessment of countermeasures to
active protection systems;
(D) an analysis of collateral damage potential of active
protection systems;
(E) an identification and assessment of emerging direct-
fire and top-attack threats to defense systems that could
potentially deploy active protection systems; and
(F) an identification and assessment of critical technology
elements of active protection systems.
(3) Report.--Not later than December 31, 2008, the
Secretary shall submit to the congressional defense
committees a report on the assessment under paragraph (1).

SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE
PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT
STRIKE FIGHTER.

Within amount authorized to be appropriated for fiscal
years after fiscal year 2007 for procurement, and for
research, development, test, and evaluation, for the Joint
Strike Fighter Program, the Secretary of Defense shall ensure
the obligation and expenditure of sufficient amounts each
such fiscal year for the continued development and
procurement of two options for the propulsion system for the
Joint Strike Fighter in order to assure the competitive
development and eventual production for the propulsion system
for a Joint Strike Fighter aircraft, thereby giving a choice
of engine to the growing number of nations expressing
interest in procuring such aircraft.

Subtitle C--Missile Defense Programs

SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR
PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF
MISSILE DEFENSES IN EUROPE.

(a) General Limitation.--No funds authorized to be
appropriated by this Act may be obligated or expended for
procurement, site activation, construction, preparation of
equipment for, or deployment of a long-range missile defense
system in Europe until the following conditions have been
met:
(1) The governments of the countries in which major
components of such missile defense system (including
interceptors and associated radars) are proposed to be
deployed have each given final approval to any missile
defense agreements negotiated between such governments and
the United States Government concerning the proposed
deployment of such components in their countries.
(2) 45 days have elapsed following the receipt by Congress
of the report required under subsection (c)(6).
(b) Additional Limitation.--In addition to the limitation
in subsection (a), no funds authorized to be appropriated by
this Act may be obligated or expended for the acquisition or
deployment of operational missiles of a long-range missile
defense system in Europe until the Secretary of Defense,
after receiving the views of the Director of Operational Test
and Evaluation, submits to Congress a report certifying that
the proposed interceptor to be deployed as part of such
missile defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of
working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile
Defense in Europe.--
(1) Independent assessment.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall select a federally funded research and
development center to conduct an independent assessment of
options for ballistic missile defense for forward deployed
forces of the United States and its allies in Europe.
(2) Issues to be assessed.--In carrying out the assessment
described in paragraph (1), the federally funded research and
development center selected under that paragraph shall
consider the following in connection with options for missile
defense in Europe:
(A) The threat to Europe of ballistic missiles (including
short-range, medium-range, intermediate-range, and long-range
ballistic missiles) from Iran and from other nations (except
Russia), including the likelihood and timing of such threats.
(B) The missile defense capabilities appropriate to meet
current, near-term, and mid-term ballistic missile threats
facing Europe during the period from 2008 through 2015.
(C) Alternative options for defending the European
territory of members of the North Atlantic Treaty
Organization against the threats described in subparagraph
(B).
(D) The utility and cost-effectiveness of providing
ballistic missile defense of the United States with a system
located in Europe, if warranted by the threat, when compared
with the provision of such defense through the deployment of
additional ballistic missile defense in the United States.
(E) The views of European members of the North Atlantic
Treaty Organization on the desirability of ballistic missile
defenses for the European territory of such nations.
(F) Potential opportunities for participation by the
Government of Russia in a European missile defense system.
(3) Technologies to be considered.--In conducting the
assessment described in paragraph (1), the federally funded
research and development center selected under that paragraph
shall consider, but not be limited

[[Page S8808]]

to, the following missile defense technology options:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense system, with all
variants of the Standard Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense (THAAD) system.
(E) The proposed deployment of Ground-based Midcourse
Defense (GMD) system elements in Europe, consisting of the
proposed 2-stage Orbital Boost Vehicle interceptor, and the
proposed European Midcourse X-band radar.
(F) Forward-Based X-band Transportable (FBX-T) radars.
(G) Other non-United States, North Atlantic Treaty
Organization missile defense systems.
(4) Factors to be considered.--In conducting the assessment
described in paragraph (1), the federally funded research and
development center selected under that paragraph shall
consider the following factors with respect to potential
ballistic missile defense options:
(A) The missile defense needs of the European members of
the North Atlantic Treaty Organization, including forward
deployed United States forces, with respect to current, near-
term, and mid-term ballistic missile threats.
(B) Operational effectiveness.
(C) Command and control arrangements.
(D) Integration and interoperability with North Atlantic
Treaty Organization missile defenses.
(E) Cost and affordability, including possible allied cost-
sharing.
(F) Cost-effectiveness.
(G) The degree of coverage of the European territory of
members of the North Atlantic Treaty Organization.
(5) Cooperation of other agencies.--The Secretary of
Defense, the Director of National Intelligence, and the heads
of other departments and agencies of the United States
Government shall provide the federally funded research and
development center selected under paragraph (1) such data,
analyses, briefings, and other information as the center
considers necessary to carry out the assessment described in
that paragraph.
(6) Report required.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center selected under paragraph (1)
shall submit to the Secretary of Defense and the
congressional defense committees a report on the results of
the assessment described in that paragraph, including any
findings and recommendations of the center as a result of the
assessment.
(7) Form.--The report under paragraph (6) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Construction.--Nothing in this section shall be
construed to limit continuing obligation and expenditure of
funds for missile defense, including for research and
development and for other activities not otherwise limited by
subsection (a) or (b).

SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT
OF MISSILE DEFENSE INTERCEPTORS IN ALASKA.

None of the funds authorized to be appropriated by this Act
may be obligated or expended to deploy more than 40 Ground-
Based Interceptors at Fort Greely, Alaska, until the
Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to
Congress a certification that the Block 2006 Ground-based
Midcourse Defense element of the Ballistic Missile Defense
System has demonstrated, through operationally realistic end-
to-end flight testing, that it has a high probability of
working in an operationally effective manner.

SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE
DEFENSE AGENCY ACTIVITIES.

(a) Revised Budget Structure.--The budget justification
materials submitted to Congress in support of the Department
of Defense budget for any fiscal year after fiscal year 2008
(as submitted with the budget of the President under section
1105(a) of title 31, United States Code) shall set forth
separately amounts requested for the Missile Defense Agency
for each of the following:
(1) Research, development, test, and evaluation.
(2) Procurement.
(3) Operation and maintenance.
(4) Military construction.
(b) Objectives for Acquisition Activities.--
(1) In general.--Commencing as soon as practicable, but not
later than the submittal to Congress of the budget for the
President for fiscal year 2009 under section 1105(a) of title
31, United States Code, the Missile Defense Agency shall take
appropriate actions to achieve the following objectives in
its acquisition activities:
(A) Improved transparency.
(B) Improved accountability.
(C) Enhanced oversight.
(2) Required actions.--In order to achieve the objectives
specified in paragraph (1), the Missile Defense Agency shall,
at a minimum, take actions as follows:
(A) Establish acquisition cost, schedule, and performance
baselines for each Ballistic Missile Defense System element
that--
(i) has entered the equivalent of the System Development
and Demonstration phase of acquisition; or
(ii) is being produced and acquired for operational
fielding.
(B) Provide unit cost reporting data for each Ballistic
Missile Defense System element covered by subparagraph (A),
and secure independent estimation and verification of such
cost reporting data.
(C) Include each year in the budget justification materials
described in subsection (a) a description of actions being
taken in the fiscal year in which such materials are
submitted, and the actions to be taken in the fiscal year
covered by such materials, to achieve such objectives.
(3) Specification of ballistic missile defense system
elements.--The Ballistic Missile Defense System elements
that, as of May 2007, are Ballistic Missile Defense System
elements covered by paragraph (2)(A) are the following
elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-Transportable (AN/TPY-2).
(E) Command, Control, Battle Management, and
Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.

SEC. 234. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND
EVALUATION, IN MISSILE DEFENSE TEST AND
EVALUATION ACTIVITIES.

Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f)(1) The Director of the Missile Defense Agency shall
report promptly to the Director of Operational Test and
Evaluation the results of all tests and evaluations conducted
by the Missile Defense Agency and of all studies conducted by
the Missile Defense Agency in connection with tests and
evaluations in the Missile Defense Agency.
``(2) The Director of Operational Test and Evaluation may
require that such observers as the Director designates be
present during the preparation for and the conduct of any
test and evaluation conducted by the Missile Defense Agency.
``(3) The Director of Operational Test and Evaluation shall
have access to all records and data in the Department of
Defense (including the records and data of the Missile
Defense Agency) that the Director considers necessary to
review in order to carry out his duties under this
subsection.''.

SEC. 235. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF
BALLISTIC MISSILE DEFENSE PROGRAMS.

Section 232(g) of the National Defense Authorization Act
for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking ``through 2008'' and
inserting ``through 2013''; and
(2) in paragraph (2), by striking ``through 2009'' and
inserting ``through 2014''.

Subtitle D--Other Matters

SEC. 251. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR
OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE
TEST PROGRAM.

Paragraph (3) of section 2350a(g) of title 10, United
States Code, is amended to read as follows:
``(3) The Director of Defense Research and Engineering
shall notify the congressional defense committees of the
intent to obligate funds made available to carry out this
subsection not less than 7 days before such funds are
obligated.''.

SEC. 252. MODIFICATION OF COST SHARING REQUIREMENT FOR
TECHNOLOGY TRANSITION INITIATIVE.

Paragraph (2) of section 2359a(f) of title 10, United
States Code, is amended to read as follows:
``(2) The amount of funds provided to a project under
paragraph (1) by the military department or Defense Agency
concerned shall be the appropriate share of the military
department or Defense Agency, as the case may be, of the cost
of the project, as determined by the Manager.''.

SEC. 253. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY
PROGRAM.

(a) In General.--Section 2521 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Strategic Plan.--(1) The Secretary shall develop a
plan for the program which includes the following:
``(A) The overall manufacturing technology goals,
milestones, priorities, and investment strategy for the
program during the 5-fiscal year period beginning with the
first fiscal year commencing after the development of the
plan.
``(B) For each of the fiscal years under the period of the
plan, the objectives of, and funding for, the program for
each military department and each Defense Agency that shall
participate in the program during the period of the plan.
``(2) The Secretary shall include in the plan mechanisms
for assessing the effectiveness of the program under the
plan.
``(3) The Secretary shall update the plan on a biennial
basis.
``(4) The Secretary shall include the plan, and any update
of the plan under paragraph (3), in the budget justification
documents submitted in support of the budget of the
Department of Defense for the applicable fiscal year (as
included in the budget of the President submitted to Congress
under section 1105 of title 31).''.

[[Page S8809]]

(b) Initial Development of Plan.--The Secretary of Defense
shall develop the strategic plan required by subsection (e)
of section 2521 of title 10, United States Code (as added by
subsection (a) of this section), so that the plan goes into
effect at the beginning of fiscal year 2009.

SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINATION OF
DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH WITH SIMILAR FEDERAL
PROGRAMS.

Section 257(e)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by
striking ``shall'' each place it appears and inserting
``may''.

SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.

(a) Program Purposes.--Subsection (b) of section 246 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358
note) is amended--
(1) in paragraph (2), by striking ``in nanoscale research
and development'' and inserting ``in the National
Nanotechnology Initiative and with the National
Nanotechnology Coordination Office under section 3 of the
21st Century Nanotechnology Research and Development Act (15
U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of
fundamental and applied nanoscience and engineering research
initiatives'' and inserting ``portfolio of nanotechnology
research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of defense for
acquisition, technology, and logistics.--Subsection (c) of
such section is amended--
(A) by striking ``the Director of Defense Research and
Engineering'' and inserting ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics''; and
(B) by striking ``The Director'' and inserting ``The Under
Secretary''.
(2) Other administrative matters.--Such subsection is
further amended--
(A) in paragraph (2), by striking ``the Department's
increased investment in nanotechnology and the National
Nanotechnology Initiative; and'' and inserting ``investments
by the Department and other departments and agencies
participating in the National Nanotechnology Initiative in
nanotechnology research and development;'';
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) oversee interagency coordination of the program with
other departments and agencies participating in the National
Nanotechnology Initiative, including providing appropriate
funds to support the National Nanotechnology Coordination
Office.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
``(d) Activities.--Activities under the program shall
include the following:
``(1) The development of a strategic plan for defense
nanotechnology research and development that is integrated
with the strategic plan for the National Nanotechnology
Initiative.
``(2) The issuance on an annual basis of policy guidance to
the military departments and the Defense Agencies that--
``(A) establishes research priorities under the program;
``(B) provides for the determination and documentation of
the benefits to the Department of Defense of research under
the program; and
``(C) sets forth a clear strategy for transitioning the
research into products needed by the Department.
``(3) Advocating for the transition of nanotechnologies in
defense acquisition programs, including the development of
nanomanufacturing capabilities and a nanotechnology defense
industrial base.''.
(d) Reports.--Such section is further amended by adding at
the end the following new subsection:
``(e) Reports.--(1) Not later than March 1 of each of 2009,
2011, and 2013, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the program.
``(2) Each report under paragraph (1) shall include the
following:
``(A) A review of--
``(i) the long-term challenges and specific technical goals
of the program; and
``(ii) the progress made toward meeting such challenges and
achieving such goals.
``(B) An assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities.
``(C) A review of the coordination of activities under the
program within the Department of Defense, with other
departments and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings and
recommendations relating to the Department of Defense of the
most recent triennial external review of the National
Nanotechnology Program under section 5 of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C. 1704),
and a description of initiatives of the Department to
implement such recommendations.
``(E) An assessment of technology transition from
nanotechnology research and development to enhanced
warfighting capabilities, including contributions from the
Department of Defense Small Business Innovative Research and
Small Business Technology Transfer Research programs, and the
Department of Defense Manufacturing Technology program, and
an identification of acquisition programs and deployed
defense systems that are incorporating nanotechnologies.
``(F) An assessment of global nanotechnology research and
development in areas of interest to the Department, including
an identification of the use of nanotechnologies in any
foreign defense systems.
``(G) An assessment of the defense nanotechnology
manufacturing and industrial base and its capability to meet
the near and far term requirements of the Department.
``(H) Such recommendations for additional activities under
the program to meet emerging national security requirements
as the Under Secretary considers appropriate.
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
(e) Comptroller General Report on Program.--Not later than
March 31, 2010, the Comptroller General of the United States
shall submit to the congressional defense committees a report
setting forth the assessment of the Comptroller General of
the progress made by the Department of Defense in achieving
the purposes of the defense nanotechnology research and
development program required by section 246 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (as
amended by this section).

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other
activities and agencies of the Department of Defense, for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $29,725,273,000.
(2) For the Navy, $33,307,690,000.
(3) For the Marine Corps, $4,998,493,000.
(4) For the Air Force, $32,967,215,000.
(5) For Defense-wide activities, $22,397,153,000.
(6) For the Army Reserve, $2,512,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,861,409,000.
(11) For the Air National Guard, $5,469,368,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force,
$458,428,000.
(16) For Environmental Restoration, Defense-wide,
$12,751,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $270,249,000.
(18) For Former Soviet Union Threat Reduction programs,
$448,048,000.
(19) For Overseas Humanitarian, Disaster and Civic Aid
programs, $63,300,000.
(20) For Overseas Contingency Operations Transfer Fund,
$5,000,000.

Subtitle B--Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE
WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.

(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section
2215 of title 10, United States Code, transfer not more than
$91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J
Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for
its costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the
former Larson Air Force Base, Moses Lake Superfund Site,
Moses Lake, Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for
Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency at the Moses Lake Wellfield
Superfund Site.

[[Page S8810]]

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC
SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.

(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section
2215 of title 10, United States Code, transfer not more than
$186,625.38 to the Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for
costs incurred pursuant to the agreement known as ``In the
Matter of Arctic Surplus Superfund Site, U.S. EPA Docket
Number CERCLA-10-2003-0114: Administrative Order on Consent
for Remedial Design and Remedial Action,'' entered into by
the Department of Defense and the Environmental Protection
Agency on December 11, 2003.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for
Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency pursuant to the agreement
described in paragraph (2) of such subsection.

SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF
STIPULATED PENALTIES IN CONNECTION WITH JACKSON
PARK HOUSING COMPLEX, WASHINGTON.

(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of the Navy may, notwithstanding section
2215 of title 10, United States Code, transfer not more than
$40,000.00 to the Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under paragraph (1)
is to pay a stipulated penalty assessed by the Environmental
Protection Agency on October 25, 2005, against the Jackson
Park Housing Complex, Washington, for the failure by the Navy
to timely submit a draft final Phase II Remedial
Investigation Work Plan for the Jackson Park Housing Complex
Operable Unit (OU-3T-JPHC) pursuant to a schedule included in
an Interagency Agreement (Administrative Docket No. CERCLA-
10-2005-0023).
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(14) for operation and maintenance for
Environmental Restoration, Navy.
(c) Use of Funds.--The amount transferred under subsection
(a) shall be used by the Environmental Protection Agency to
pay the penalty described under paragraph (2) of such
subsection.

Subtitle C--Program Requirements, Restrictions, and Limitations

SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION
SYSTEMS AGENCY WORKING CAPITAL FUND FOR
TECHNOLOGY UPGRADES TO DEFENSE INFORMATION
SYSTEMS NETWORK.

(a) In General.--Funds in the Defense Information Systems
Agency Working Capital Fund may be used for expenses directly
related to technology upgrades to the Defense Information
Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used
under subsection (a) for--
(1) any significant technology insertion to the Defense
Information Systems Network; or
(2) any component with an estimated total cost in excess of
$500,000.
(c) Limitation in Fiscal Year Pending Timely Report.--If in
any fiscal year the report required by paragraph (1) of
subsection (d) is not submitted by the date specified in
paragraph (2) of subsection (d), funds may not be used under
subsection (a) in such fiscal year during the period--
(1) beginning on the date specified in paragraph (2) of
subsection (d); and
(2) ending on the date of the submittal of the report under
paragraph (1) of subsection (d).
(d) Annual Report.--
(1) In general.--The Director of the Defense Information
Systems Agency shall submit to the congressional defense
committees each fiscal year a report on the use of the
authority in subsection (a) during the preceding fiscal year.
(2) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not later
than 60 days after the date of the submittal to Congress of
the budget of the President for the succeeding fiscal year
pursuant to section 1105 of title 31, United States Code.
(e) Sunset.--The authority in subsection (a) shall expire
on October 1, 2011.

SEC. 322. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT
PERFORMANCE OF SECURITY GUARD FUNCTIONS.

(a) Extension.--Subsection (c) of section 332 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314) is amended by striking ``September 30,
2009'' both places it appears and inserting ``September 30,
2012''.
(b) Limitation for Fiscal Years 2010 Through 2012.--
Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraphs:
``(4) for fiscal year 2010, the number equal to 70 percent
of the total number of such personnel employed under such
contracts on October 1, 2006;
``(5) for fiscal year 2011, the number equal to 60 percent
of the total number of such personnel employed under such
contracts on October 1, 2006; and
``(6) for fiscal year 2012, the number equal to 50 percent
of the total number of such personnel employed under such
contracts on October 1, 2006.''.

SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED
DEPLOYMENT.

Section 323(b)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
10 U.S.C. 229 note) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) each of the military departments for the additional
incremental cost resulting from the additional deployment of
forces to Iraq and Afghanistan above the levels deployed to
such countries on January 1, 2007.''.

SEC. 324. INDIVIDUAL BODY ARMOR.

(a) Assessment.--The Director of Operational Test and
Evaluation and the Director of Defense Research and
Engineering shall jointly conduct an assessment of various
domestic technological approaches for body armor systems for
protection against ballistic threats at or above military
requirements.
(b) Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Director of Operational
Test and Evaluation and the Director of Defense Research and
Engineering shall jointly submit to the Secretary of Defense,
and to the congressional defense committees, a report on the
assessment required by subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed comparative analysis and assessment of the
technical approaches covered by the assessment under
subsection (a), including the technical capability,
feasibility, military utility, and cost of each such
approach; and
(B) such other matters as the Director of Operational Test
and Evaluation and the Director of Defense Research and
Engineering jointly consider appropriate.
(3) Form.--The report submitted under paragraph (1) to the
congressional defense committees shall be submitted in both
classified and unclassified form.

Subtitle D--Workplace and Depot Issues

SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL
FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES
WITH NON-ARMY ENTITIES.

(a) Extension of Authority.--Section 4544 of title 10,
United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``This authority may be used to enter into not more than
eight contracts or cooperative agreements.''; and
(2) in subsection (k), by striking ``2009'' and inserting
``2014''.
(b) Reports.--
(1) Annual report on use of authority.--The Secretary of
the Army shall submit to Congress at the same time the budget
of the President is submitted to Congress for fiscal years
2009 through 2016 under section 1105 of title 31, United
States Code, a report on the use of the authority provided
under section 4544 of title 10, United States Code.
(2) Analysis of use of authority.--Not later than September
30, 2012, the Secretary of the Army shall submit to the
congressional defense committees a report assessing the
advisability of making such authority permanent and
eliminating the limitation on the number of contracts or
cooperative arrangements that may be entered into pursuant to
such authority.

SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION
PROGRAM.

(a) Extension.--Subsection (a) of section 343 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 10 U.S.C.
4551 note) is amended by striking ``fiscal years 2001 through
2008'' and inserting ``fiscal years 2001 through 2010''.
(b) Extension of Reporting Requirement.--The second
sentence in subsection (g)(1) of such section is amended to
read as follows: ``No report is required after fiscal year
2010.''.

Subtitle E--Other Matters

SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION
FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.

(a) Office of Corrosion Policy and Oversight.--
(1) In general.--Section 2228 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``Military
equipment and infrastructure: prevention and mitigation of
corrosion'' and inserting ``Office of Corrosion Policy and
Oversight''; and
(B) by amending subsection (a) to read as follows:
``(a) Office and Director.--(1) There is an Office of
Corrosion Policy and Oversight

[[Page S8811]]

within the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(2) The Office shall be headed by a Director of Corrosion
Policy and Oversight (in this section referred to as the
`Director'), who shall be assigned to such position by the
Under Secretary from among civilian employees of the
Department of Defense with the qualifications described in
paragraph (3). The Director is the senior official
responsible in the Department of Defense to the Secretary of
Defense (after the Under Secretary of Defense for
Acquisition, Technology, and Logistics) for the prevention
and mitigation of corrosion of the military equipment and
infrastructure of the Department of Defense. The Director
shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have a minimum of 10 years experience in the Defense
Acquisition Corps;
``(B) have technical expertise in, and professional
experience with, corrosion engineering, including an
understanding of the effects of corrosion policies on
infrastructure; research, development, test, and evaluation;
and maintenance; and
``(C) have background in and an understanding of Department
of Defense budget formulation and execution, policy
formulation, and planning and program requirements.''.
(2) Conforming changes.--Subsection (b) of such section is
amended--
(A) in paragraph (1), by striking ``official or
organization designated under subsection (a)'' and inserting
``Director''; and
(B) by striking ``designated official or organization''
each place it appears and inserting ``Director''.
(b) Additional Authority for Director of Office.--Such
section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Additional Authorities for Director.--The Director is
authorized to--
``(1) develop, update, and coordinate corrosion training
with the Defense Acquisition University;
``(2) participate in the process within the Department of
Defense for the development of relevant directives and
instructions; and
``(3) interact directly with the corrosion prevention
industry, trade associations, other government corrosion
prevention agencies, academic research institutions, and
scientific organizations engaged in corrosion prevention,
including the National Academy of Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of
Corrosion Reduction Strategy.--Subparagraph (D) of subsection
(d)(2) of such section, as redesignated by subsection (b), is
amended by inserting after ``operational strategies'' the
following: ``, including through the establishment of
memoranda of agreement, joint funding agreements, public-
private partnerships, university research centers, and other
cooperative research agreements''.
(d) Report Requirement.--Such section is further amended by
inserting after subsection (d), as redesignated by subsection
(b), the following new subsection:
``(e) Report.--(1) The Secretary of Defense shall submit
with the defense budget materials for each fiscal year
beginning with fiscal year 2009 a report on the following:
``(A) Funding requirements for the long-term strategy
developed under subsection (d).
``(B) The return on investment that would be achieved by
implementing the strategy.
``(C) The funds requested in the budget compared to the
funding requirements.
``(D) An explanation of why the Department of Defense is
not requesting funds for the entire requirement.
``(2) Not later than 60 days after submission of the budget
for a fiscal year, the Comptroller General shall provide to
the congressional defense committees--
``(A) an analysis of the budget submission for corrosion
control and prevention by the Department of Defense; and
``(B) an analysis of the report required under paragraph
(1).''.
(e) Definitions.--Subsection (f), as redesignated by
subsection (b), is amended by adding at the end the following
new paragraphs:
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(5) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.''.

SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED
TO FEDERAL AGENCIES.

Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the extent'' and
inserting ``Subject to subsection (c), to the extent'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b)(1) Subject to subsection (c), the Secretary of
Defense shall require a Federal agency to which law
enforcement support or support to a national special security
event is provided by National Guard personnel performing duty
under section 502(f) of title 32 to reimburse the Department
of Defense for the costs of that support, notwithstanding any
other provision of law. No other provision of this chapter
shall apply to such support.
``(2) Any funds received by the Department of Defense under
this subsection as reimbursement for support provided by
personnel of the National Guard shall be credited, at the
election of the Secretary of Defense, to the following:
``(A) The appropriation, fund, or account used to fund the
support.
``(B) The appropriation, fund, or account currently
available for reimbursement purposes.''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by inserting ``or section 502(f) of title 32'' after
``under this chapter''; and
(B) in paragraph (2), by inserting ``or personnel of the
National Guard'' after ``Department of Defense''.

SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.

Section 44310 of title 49, United States Code, is amended
by striking ``March 30, 2008'' and inserting ``December 31,
2013''.

SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF
UNLAWFULLY OBTAINED PROPERTY OF THE ARMED
FORCES.

(a) Statutory Establishment of Accountability for Property
of Navy and Marine Corps.--
(1) In general.--Chapter 661 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 7864. Property accountability; regulations

``The Secretary of the Navy may prescribe regulations for
the accounting for property of the Navy and the Marine Corps
and for the fixing of responsibility for such property.''.
(2) Unauthorized disposition and recovery of property.--
Such chapter is further amended by adding at the end the
following new section:

``Sec. 7865. Military equipment: unauthorized disposition

``(a) Prohibition.--No member of the Navy or the Marine
Corps may sell, lend, pledge, barter, or give any clothing,
arms, or equipment obtained by or furnished to the member by
the United States to any person other than a member of the
Navy or the Marine Corps authorized to receive it, an officer
of the United States authorized to receive it, or any other
individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Navy or the
Marine Corps disposes of property in violation of subsection
(a) and it is in the possession of a person who is not
authorized to receive it as described in that subsection,
that person has no right to or interest in the property, and
any civil or military officer of the United States may seize
it, wherever found, subject to applicable regulations.
Possession of such property by a person who is not authorized
to receive it as described in subsection (a) is prima facie
evidence that it has been disposed of in violation of
subsection (a).
``(c) Retention of Seized Property.--If an officer who
seizes property under subsection (b) is not authorized to
retain it for the United States, the officer shall deliver it
to a person who is authorized to retain it.''.
(b) Standardizing Amendments Relating to Disposition of
Unlawfully Obtained Army and Air Force Property.--
(1) Army property.--Section 4836 of title 10, United States
Code, is amended to read as follows:

``Sec. 4836. Military equipment: unauthorized disposition

``(a) Prohibition.--No member of the Army may sell, lend,
pledge, barter, or give any clothing, arms, or equipment
obtained by or furnished to the member by the United States
to any person other than a member of the Army authorized to
receive it, an officer of the United States authorized to
receive it, or any other individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Army
disposes of property in violation of subsection (a) and it is
in the possession of a person who is not authorized to
receive it as described in that subsection, that person has
no right to or interest in the property, and any civil or
military officer of the United States may seize it, wherever
found, subject to applicable regulations. Possession of such
property by a person who is not authorized to receive it as
described in subsection (a) is prima facie evidence that it
has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who
seizes property under subsection (b) is not authorized to
retain it for the United States, the officer shall deliver it
to a person who is authorized to retain it.''.
(2) Air force property.--Section 9836 of such title is
amended is amended to read as follows:

``Sec. 9836. Military equipment: unauthorized disposition

``(a) Prohibition.--No member of the Air Force may sell,
lend, pledge, barter, or give any clothing, arms, or
equipment obtained by or furnished to the member by the
United States to any person other than a member of the Air
Force authorized to receive it, an officer of the United
States authorized to receive it, or any other individual
authorized to receive it.
``(b) Seizure of Property.--If a member of the Air Force
disposes of property in violation of subsection (a) and it is
in the possession of a person who is not authorized to
receive it as described in that subsection, that

[[Page S8812]]

person has no right to or interest in the property, and any
civil or military officer of the United States may seize it,
wherever found, subject to applicable regulations. Possession
of such property by a person who is not authorized to receive
it as described in subsection (a) is prima facie evidence
that it has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who
seizes property under subsection (b) is not authorized to
retain it for the United States, the officer shall deliver it
to a person who is authorized to retain it.''.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 453
of such title is amended by striking the item relating to
section 4836 and inserting the following new item:

``4836. Military equipment: unauthorized disposition.''.

(2) The table of sections at the beginning of chapter 661
of such title is amended by adding at the end the following
new items:

``7864. Property accountability: regulations.
``7865. Military equipment: unauthorized disposition.''.

(3) The table of sections at the beginning of chapter 953
of such title is amended by striking the item relating to
section 9836 and inserting the following new item:

``9836. Military equipment: unauthorized disposition.''.

SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE
PAYMENT OF FULL REPLACEMENT VALUE FOR CLAIMS
RELATED TO PERSONAL PROPERTY TRANSPORTED AT
GOVERNMENT EXPENSE.

Section 2636a(d) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``The regulations may require members of the armed forces or
civilian employees of the Department of Defense to comply
with reasonable conditions in order to receive benefits under
this section.''.

SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS
ISSUED IN CONNECTION WITH CONTINGENCY
OPERATIONS.

The Secretary of a military department may authorize
members of the Armed Forces under the jurisdiction of the
Secretary to retain combat uniforms issued as organizational
clothing and individual equipment in connection with their
deployment in support of contingency operations.

SEC. 357. MODIFICATION OF REQUIREMENTS ON COMPTROLLER GENERAL
REPORT ON THE READINESS OF ARMY AND MARINE
CORPS GROUND FORCES.

(a) Submittal Date.--Subsection (a)(1) of section 345 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2156) is amended by
striking ``June 1, 2007'' and inserting ``March 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) An assessment of the ability of the Army and Marine
Corps to provide trained and ready forces to meet the
requirements of increased force levels in support of
Operations Iraqi Freedom and Enduring Freedom and to meet the
requirements of other ongoing operations simultaneously with
such increased force levels.
``(3) An assessment of the strategic depth of the Army and
Marine Corps and their ability to provide trained and ready
forces to meet the requirements of the high-priority
contingency war plans of the regional combatant commands,
including an identification and evaluation for each such plan
of--
``(A) the strategic and operational risks associated with
current and projected forces of current and projected
readiness;
``(B) the time required to make forces available and
prepare them for deployment; and
``(C) likely strategic tradeoffs necessary to meet the
requirements of each such plan.''.
(c) Department of Defense Cooperation.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Department of Defense Cooperation.--The Secretary of
Defense shall ensure the full cooperation of the Department
of Defense with the Comptroller General for purposes of the
preparation of the report required by this section.''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 328,400.
(3) The Marine Corps, 189,000.
(4) The Air Force, 328,600.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.

Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2008, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2008 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States,
26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States,
22,553.

SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.

(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2008, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2008, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2008, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for military personnel, in amounts as follows:
(1) For the Army, $34,952,762,000.
(2) For the Navy, $23,300,841,000.
(3) For the Marine Corps, $11,065,542,000.
(4) For the Air Force, $24,091,993,000.
(5) For the Army Reserve, $3,701,197,000.
(6) For the Navy Reserve, $1,766,408,000.
(7) For the Marine Corps Reserve, $593,961,000.
(8) For the Air Force Reserve, $1,356,618,000.
(9) For the Army National Guard, $5,914,979,000.
(10) For the Air National Guard, $2,607,456,000.

[[Page S8813]]

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS
ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET
FORCE STRUCTURE REQUIREMENTS.

The table in section 523(a)(1) of title 10, United States
Code, is amended by striking the items under the heading
``Major'' in the portion of the table relating to the Army
and inserting the following new items:
``7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412''.

SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS
ON ACTIVE DUTY IN GRADES OF LIEUTENANT
COMMANDER, COMMANDER, AND CAPTAIN TO MEET FORCE
STRUCTURE REQUIREMENTS.

(a) In General.--The table in section 523(a)(2) of title
10, United States Code, is amended to read as follows:

------------------------------------------------------------------------
Number of officers who may be
``Total number of commissioned        serving on active duty in the
officers (excluding officers in                 grade of:
categories specified in subsection   ---------------------------------
(b)) on active duty:           Lieutenant
Commander  Commander   Captain
------------------------------------------------------------------------
Navy:
30,000                                       7,698      5,269      2,222
33,000                                       8,189      5,501      2,334
36,000                                       8,680      5,733      2,447
39,000                                       9,172      5,965      2,559
42,000                                       9,663      6,197      2,671
45,000                                      10,155      6,429      2,784
48,000                                      10,646      6,660      2,896
51,000                                      11,136      6,889      3,007
54,000                                      11,628      7,121      3,120
57,000                                      12,118      7,352      3,232
60,000                                      12,609      7,583      3,344
63,000                                      13,100      7,813      3,457
66,000                                      13,591      8,044      3,568
70,000                                      14,245      8,352      3,718
90,000                                      17,517      9,890   4,467''.
------------------------------------------------------------------------

(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007.

SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT
PROFESSORS FROM STRENGTH LIMITATIONS FOR
OFFICERS BELOW GENERAL AND FLAG GRADES.

(a) Inclusion of Permanent Professors of the Navy.--Section
523(b)(8) of title 10, United States Code, is amended--
(1) by striking ``Naval Academy'' and inserting ``Navy'';
and
(2) by inserting ``or service'' before the period at the
end.
(b) Expansion of Exclusion Generally.--Such section is
further amended by striking ``50'' and inserting ``85''.

SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL
AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY.

Section 637(b)(3) of title 10, United States Code, is
amended by striking ``but such period may not (except as
provided under section 1251(b) of this title) extend beyond
the date of the officer's sixty-second birthday'' and
inserting ``except as provided under section 1253 of this
title''.

SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION
FOR INITIAL APPOINTMENTS OF OFFICERS IN
CRITICALLY SHORT HEALTH PROFESSIONAL
SPECIALTIES.

Section 651 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) The Secretary of Defense may waive the service
required by subsection (a) for initial appointments of
commissioned officers in such critically short health
professional specialties as the Secretary shall specify for
purposes of this subsection.
``(2) The minimum period of obligated service for an
officer under a waiver under this subsection shall be the
greater of--
``(A) two years; or
``(B) in the case of an officer who has accepted an
accession bonus or executed a contract or agreement for the
multiyear receipt of special pay for service in the armed
forces, the period of obligated service specified in such
contract or agreement.''.

SEC. 506. INCREASE IN AUTHORIZED NUMBER OF PERMANENT
PROFESSORS AT THE UNITED STATES MILITARY
ACADEMY.

Paragraph (4) of section 4331(b) of title 10, United States
Code, is amended to read as follows:
``(4) Twenty-eight permanent professors.''.

SEC. 507. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS
IN THEIR FORMER ENLISTED GRADE.

(a) Regular Army.--Section 3258 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``a Reserve officer'' and inserting ``an
officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve
commission'' and inserting ``the commission''.
(b) Regular Air Force.--Section 8258 of such title is
amended--
(1) in subsection (a)--
(A) by striking ``a reserve officer'' and inserting ``an
officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve
commission'' and inserting ``the commission''.

SEC. 508. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG
OFFICERS TO SERVE ON ACTIVE DUTY.

Section 526(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The limitations''; and
(2) by adding at the end the following new paragraph:
``(2) The limitations of this section also do not apply to
a number, as specified by the Secretary of the military
department concerned, of reserve component general or flag
officers authorized to serve on active duty for a period of
not more than 365 days. The number so specified for an armed
force may not exceed the number equal to ten percent of the
authorized number of general or flag officers, as the case
may be, of that armed force under section 12004 of this
title. In determining such number, any fraction shall be
rounded down to the next whole number, except that such
number shall be at least one.''.

SEC. 509. PROMOTION OF CAREER MILITARY PROFESSORS OF THE
NAVY.

(a) Promotion.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended--
(A) by redesignating section 6970 as section 6970a; and
(B) by inserting after section 6969 the following new
section 6970:

``Sec. 6970. Permanent professors: promotion

``(a) Promotion.--An officer serving as a permanent
professor may be recommended for promotion to the grade of
captain or colonel, as the case may be, under regulations
prescribed by the Secretary of the Navy. The regulations
shall include a competitive selection board process to
identify those permanent professors best qualified for
promotion. An officer so recommended shall be promoted by
appointment to the higher grade by the President, by and with
the advice and consent of the Senate.
``(b) Effective Date of Promotion.--If made, the promotion
of an officer under subsection (a) shall be effective not
earlier than three years after the selection of the officer
as a permanent professor as described in that subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 603 of such title is amended by striking
the item relating to section 6970 and inserting the following
new items:

``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service;
authority for deferral.''.

(b) Conforming Amendments.--Section 641(2) of such title is
amended--
(1) by striking ``and the registrar'' and inserting ``, the
registrar''; and
(2) by inserting before the period at the end the
following: ``, and permanent professors of the Navy (as
defined in regulations prescribed by the Secretary of the
Navy)''.

Subtitle B--Enlisted Personnel Policy

SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF
MEMBERS IN PAY GRADE E-9.

(a) Increase.--Section 517(a) of title 10, United States
Code, is amended by striking ``1 percent'' and inserting
``1.25 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007, and shall apply with
respect to fiscal years beginning on or after that date.

Subtitle C--Reserve Component Management

SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNCTIONS OF
THE RESERVE FORCES POLICY BOARD.

(a) Modification of Designation, Structure, and Functions
of Reserve Forces Policy Board.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:

``Sec. 10301. Reserve Policy Advisory Board

``(a) There is in the Office of the Secretary of Defense a
Reserve Policy Advisory Board.
``(b)(1) The Board shall consist of a civilian chairman and
not more than 15 other members, each appointed by the
Secretary of Defense, of whom--
``(A) not more than 4 members may be Government civilian
officials who must be from outside the Department of Defense;
and
``(B) not more than 2 members may be members of the armed
forces.
``(2) Each member appointed to serve on the Board shall
have--
``(A) extensive knowledge, or experience with, reserve
component matters, national

[[Page S8814]]

security and national military strategies of the United
States, or roles and missions of the regular components and
the reserve components;
``(B) extensive knowledge of, or experience in, homeland
defense and matters involving Department of Defense support
to civil authorities; or
``(C) a distinguished background in government, business,
personnel planning, technology and its application in
military operations, or other fields that are pertinent to
the management and utilization of the reserve components.
``(3) Each member of the Board shall serve for a term of 2
years, and, at the conclusion of such term, may be appointed
under this subsection to serve an additional term of 2 years.
``(4) Upon the designation of the chairman of the Board and
the approval of the Secretary of Defense, an officer of the
Army, Navy, Air Force, or Marine Corps in the Reserves or the
National Guard who is a general or flag officer shall serve
as the military advisor to, and executive officer of, the
Board. Such service shall be either full-time or part-time,
as designated by the Secretary of Defense, and shall be in a
non-voting status on the Board.
``(c)(1) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
``(2) A member of a committee or board prescribed under a
section listed in paragraph (1) may, if otherwise eligible,
be a member of the Reserve Policy Advisory Board.
``(d)(1) The Board shall provide the Secretary of Defense,
through the Deputy Secretary of Defense, with independent
advice and recommendations on strategies, policies, and
practices designed to improve the capability, efficiency, and
effectiveness of the reserve components.
``(2) The Board shall act on those matters referred to it
by the Secretary or the chairman and, in addition, on any
matter raised by a member of the Board.
``(e) The Under Secretary of Defense for Personnel and
Readiness shall provide necessary logistical support to the
Board.
``(f) The Board shall not be subject to the provisions of
the Federal Advisory Committee Act (5 U.S.C. App.).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1009 of such title is amended by
striking the item relating to section 10301 and inserting the
following new item:

``10301. Reserve Policy Advisory Board.''.

(3) References.--Any reference in any law, regulation,
document, record, or other paper of the United States to the
Reserve Forces Policy Board shall be deemed to be a reference
to the Reserve Policy Advisory Board.
(b) Inclusion of Matters From Board in Annual Report on
Activities of Department of Defense.--Paragraph (2) of
section 113(c) of title 10, United States Code, is amended to
read as follows:
``(2) At the same time the Secretary submits the annual
report under paragraph (1), the Secretary may transmit to the
President and Congress with such report any additional
matters from the Reserve Policy Advisory Board on the
programs and activities of the reserve components as the
Secretary considers appropriate to include in such report.''.

SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.

(a) Prescription of Charter by Secretary of Defense.--
Section 10503 of title 10, United States Code, is amended--
(1) by striking ``The Secretary of the Army and the
Secretary of the Air Force shall jointly develop and'' in the
matter preceding paragraph (1) and inserting ``The Secretary
of the Defense shall, in consultation with the Secretary of
the Army, the Secretary of the Air Force, and the Chairman of
the Joint Chiefs of Staff,'';
(2) in paragraph (10), by striking ``the Army and Air
Force'' and inserting ``the Secretary of Defense, the
Secretary of the Army, and the Secretary of the Air Force'';
and
(3) in paragraph (12), by striking ``Secretaries'' and
inserting ``Secretary of Defense, the Secretary of the Army,
and the Secretary of the Air Force''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
such title is amended to read as follows:

``Sec. 10503. Functions of National Guard Bureau: charter
from the Secretary of Defense''.

(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by
striking the item related to section 10503 and inserting the
following new item:

``10503. Functions of the National Guard Bureau: charter from the
Secretary of Defense.''.

SEC. 533. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE
CHIEF OF THE NATIONAL GUARD BUREAU.

(a) Appointment.--Subsection (a) of section 10502 of title
10, United States Code, is amended by striking paragraphs (1)
through (3) and inserting the following new paragraphs:
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) are recommended for such appointment by the Secretary
of the Army or the Secretary of the Air Force;
``(3) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard;
``(4) are in a grade above the grade of brigadier general;
``(5) are determined by the Chairman of the Joint Chiefs of
Staff, in accordance with criteria and as a result of a
process established by the Chairman, to have significant
joint duty experience;
``(6) are determined by the Secretary of Defense to have
successfully completed such other assignments and experiences
so as to possess a detailed understanding of the status and
capabilities of National Guard forces and the missions of the
National Guard Bureau as set forth in section 10503 of this
title;
``(7) have a level of operational experience in a position
of significant responsibility, professional military
education, and demonstrated expertise in national defense and
homeland defense matters that are commensurate with the
advisory role of the Chief of the National Guard Bureau; and
``(8) possess such other qualifications as the Secretary of
Defense shall prescribe for purposes of this section.''.
(b) Grade.--Subsection (d) of such section is amended by
striking ``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b)
of such section is amended by striking ``An officer may not
hold that office after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of section 10502 of
such title is amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the
National Guard Bureau is--
``(1) an advisor to the Secretary of Defense, through the
Chairman of the Joint Chiefs of Staff, on matters involving
non-federalized National Guard forces and on other matters as
determined by the Secretary of Defense; and
``(2) the principal adviser to the Secretary of the Army
and the Chief of Staff of the Army, and to the Secretary of
the Air Force and the Chief of Staff of the Air Force, on
matters relating to the National Guard, the Army National
Guard of the United States, and the Air National Guard of the
United States.''.
(e) Deferral of Retirement.--Section 14512(a) of such title
is amended by adding at the end the following new paragraph:
``(3) The President may defer the retirement of an officer
serving in the position specified in paragraph (2)(A), but
such deferment may not extend beyond the first day of the
month following the month in which the officer becomes 68
years of age.''.

SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERVICE OF
RESERVE OFFICERS IN THE GRADE OF LIEUTENANT
GENERAL OR VICE ADMIRAL.

Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Thirty-Eight Years of Service for Lieutenant Generals
and Vice Admirals.--Unless retired, transferred to the
Retired Reserve, or discharged at an earlier date, each
reserve officer of the Army, Air Force, or Marine Corps in
the grade of lieutenant general, and each reserve officer of
the Navy in the grade of vice admiral, shall, 30 days after
completion of 38 years of commissioned service, be separated
in accordance with section 14514 of this title.''.

SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL RECOGNITION
AS OFFICERS OF THE NATIONAL GUARD FROM SIX TO
TWELVE MONTHS.

Section 308(a) of title 32, United States Code, is amended
by striking ``six months'' and inserting ``12 months''.

Subtitle D--Education and Training

SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS
IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

(a) Medical Students of USUHS.--Section 2114(b) of title
10, United States Code, is amended by striking the second
sentence and inserting the following new sentences: ``Medical
students so commissioned shall be appointed as regular
officers in the grade of second lieutenant or ensign, or if
they meet promotion criteria prescribed by the Secretary
concerned, in the grade of first lieutenant or lieutenant
(junior grade), and shall serve on active duty with full pay
and allowances of an officer in the applicable grade. Any
prior service of medical students on active duty shall be
deemed, for pay purposes, to have been service as a warrant
officer.''.
(b) Participants in Health Professions Scholarship and
Financial Assistance Program.--
(1) Grade of participants.--Section 2121(c) of such title
is amended by striking the second sentence and inserting the
following new sentences: ``Persons so commissioned shall be
appointed in the grade of second lieutenant or ensign, or if
they meet promotion criteria prescribed by the Secretary
concerned, in the grade of first lieutenant or lieutenant
(junior grade), and shall serve on active duty with full pay
and allowances of an officer in the applicable grade for a
period of 45 days during each year of participation in the
program. Any prior service of such

[[Page S8815]]

persons on active duty shall be deemed, for pay purposes, to
have been service as a warrant officer.''.
(2) Service credit.--Subsection (a) of section 2126 of such
title is amended to read as follows:
``(a) Service Not Creditable.--Except as provided in
subsection (b), service performed while a member of the
program shall not be counted in determining eligibility for
retirement other than by reason of a physical disability
incurred while on active duty as a member of the program.''.
(c) Officers Detailed as Students at Medical Schools.--
Subsection (a) of section 2004a of such title is amended by
adding at the end the following new sentences: ``An officer
detailed under this section shall serve on active duty,
subject to the limitations on grade specified in section
2114(b) of this title. Any prior active service of such an
officer shall be deemed, for pay purposes, to have been
served as a warrant officer.''.

SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY
STATE UNDER STARBASE PROGRAM.

(a) Expansion.--Section 2193b(c)(3) of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking ``more than two
academies'' and inserting ``more than four academies''; and
(2) in subparagraph (B), by striking ``in excess of two''
both places it appears and inserting ``in excess of four''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007.

SEC. 553. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION
ON PHASED INCREASE IN CADET STRENGTH LIMIT AT
THE UNITED STATES MILITARY ACADEMY.

Section 4342(j)(1) of title 10, United States Code, is
amended by striking the last sentence.

SEC. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND GREENPORT
HIGH SCHOOLS, SOUTHOLD, NEW YORK, AS SINGLE
INSTITUTION FOR PURPOSES OF MAINTAINING A
JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT.

Southold High School, Mattituck High School, and Greenport
High School, located in Southold, New York, may be treated as
a single institution for purposes of the maintenance of a
unit of the Junior Reserve Officers' Training Corps of the
Navy.

Subtitle E--Defense Dependents' Education Matters

SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $35,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $10,000,000 shall be available only
for the purpose of providing assistance to local educational
agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated pursuant to
section 301(5) for operation and maintenance for Defense-wide
activities, $5,000,000 shall be available for payments under
section 363 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-77; 20 U.S.C.
7703a).

SEC. 563. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF
DEFENSE EMPLOYEES EMPLOYED ON FEDERAL PROPERTY
IN PLAN RELATING TO FORCE STRUCTURE CHANGES,
RELOCATION OF MILITARY UNITS, OR BASE CLOSURES
AND REALIGNMENTS.

Section 574(e)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2227; 20 U.S.C. 7703b note) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) elementary and secondary school students who are
dependents of personnel who are not members of the Armed
Forces or civilian employees of the Department of Defense but
who are employed on Federal property.''.

SEC. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARDING SCHOOL
TUITION FOR MILITARY DEPENDENTS IN OVERSEAS
AREAS NOT SERVED BY DEPARTMENT OF DEFENSE
DEPENDENTS' SCHOOLS.

Section 1407(b)(1) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 926(b)(1)) is amended in the first
sentence by inserting ``, including private boarding schools
in the United States,'' after ``subsection (a)''.

Subtitle F--Military Justice and Legal Assistance Matters

SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES TO ADMINISTER
OATHS.

Section 936 of title 10, United States Code (article 136 of
the Uniform Code of Military Justice), is amended by adding
at the end the following new subsection:
``(c) The judges of the United States Court of Appeals for
the Armed Forces may administer oaths.''.

SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES IN AREAS WITHOUT ACCESS TO
NON-MILITARY LEGAL ASSISTANCE.

Section 1044(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Civilian employees of the Department of Defense in
locations where legal assistance from non-military legal
assistance providers is not reasonably available.''.

SEC. 573. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF
THE JUDGE ADVOCATE GENERALS' CORPS.

(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection (a) of
section 3037 of title 10, United States Code, is amended by
striking the third sentence and inserting the following new
sentence: ``The Judge Advocate General, while so serving, has
the grade of lieutenant general.''.
(2) Redesignation of assistant judge advocate general as
deputy judge advocate general.--Such section is further
amended--
(A) in subsection (a), by striking ``Assistant Judge
Advocate General'' each place it appears and inserting
``Deputy Judge Advocate General''; and
(B) in subsection (d), by striking ``Assistant Judge
Advocate General'' and inserting ``Deputy Judge Advocate
General''.
(3) Conforming and clerical amendments.--(A) The heading of
such section is amended by striking ``ASSISTANT JUDGE
ADVOCATE GENERAL'' and inserting ``DEPUTY JUDGE ADVOCATE
GENERAL''.
(B) The table of sections at the beginning of chapter 305
of such title is amended in the item relating to section 3037
by striking ``Assistant Judge Advocate General'' and
inserting ``Deputy Judge Advocate General''.
(b) Grade of Judge Advocate General of the Navy.--Section
5148(b) of such title is amended in subsection by striking
the last sentence and inserting the following new sentence:
``The Judge Advocate General, while so serving, has the grade
of vice admiral or lieutenant general, as appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--
Section 8037(a) of such title is amended by striking the last
sentence and inserting the following new sentence: ``The
Judge Advocate General, while so serving, has the grade of
lieutenant general.''.
(d) Exclusion From Active-Duty General and Flag Officer
Strength and Distribution Limitations.--Section 525(b) of
such title is amended by adding at the end the following new
paragraph:
``(9) An officer while serving as the Judge Advocate
General of the Army, the Judge Advocate General of the Navy,
or the Judge Advocate General of the Air Force is in addition
to the number that would otherwise be permitted for that
officer's armed force for officers serving on active duty in
grades above major general or rear admiral under paragraph
(1) or (2), as applicable.''.
(e) Legal Counsel to Chairman of the Joint Chiefs of
Staff.--
(1) In general.--Chapter 5 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 156. Legal Counsel to the Chairman of the Joint Chiefs
of Staff

``(a) In General.--There is a Legal Counsel to the Chairman
of the Joint Chiefs of Staff.
``(b) Selection for Appointment.--Under regulations
prescribed by the Secretary of Defense, the officer selected
for appointment to serve as Legal Counsel to the Chairman of
the Joint Chiefs of Staff shall be recommended by a board of
officers convened by the Secretary of Defense that, insofar
as practicable, is subject to the procedures applicable to
selection boards convened under chapter 36 of this title.
``(c) Grade.--An officer appointed to serve as Legal
Counsel to the Chairman of the Joint Chiefs of Staff shall,
while so serving, hold the grade of brigadier general or rear
admiral (lower half).
``(d) Duties.--The Legal Counsel of the Chairman of the
Joint Chiefs of Staff shall perform such legal duties in
support of the responsibilities of the Chairman of the Joint
Chiefs of Staff as the Chairman may prescribe.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by adding at
the end the following new item:

``156. Legal Counsel to the Chairman of the Joint Chiefs of Staff.''.

Subtitle G--Military Family Readiness

SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS
COUNCIL.

(a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section
1781 the following new section:

[[Page S8816]]

``Sec. 1781a. Department of Defense Military Family Readiness
Council

``(a) In General.--There is in the Department of Defense
the Department of Defense Military Family Readiness Council
(hereafter in this section referred to as the `Council').
``(b) Members.--(1) The members of the Council shall be the
following:
``(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as chair of the Council.
``(B) One representative of each of the Army, the Navy, the
Marine Corps, and the Air Force, who shall be appointed by
Secretary of Defense.
``(C) Three individuals appointed by the Secretary of
Defense from among representatives of military family
organizations (including military family organizations of
families of members of the regular components and of families
of members of the reserve components), of whom not less than
two shall be members of the family of an enlisted member of
the armed forces.
``(2) The term on the Council of the members appointed
under paragraph (1)(C) shall be three years.
``(c) Meetings.--The Council shall meet not less often than
twice each year. Not more than one meeting of the Council
each year shall be in the National Capital Region.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary
of Defense on the policy and plans required under section
1781b of this title.
``(2) To monitor requirements for the support of military
family readiness by the Department of Defense.
``(3) To evaluate and assess the effectiveness of the
military family readiness programs and activities of the
Department of Defense.
``(e) Annual Reports.--(1) Not later than February 1 each
year, the Council shall submit to the Secretary of Defense
and the congressional defense committees a report on military
family readiness.
``(2) Each report under this subsection shall include the
following:
``(A) An assessment of the adequacy and effectiveness of
the military family readiness programs and activities of the
Department of Defense during the preceding fiscal year in
meeting the needs and requirements of military families.
``(B) Recommendations on actions to be taken to improve the
capability of the military family readiness programs and
activities of the Department of Defense to meet the needs and
requirements of military families, including actions relating
to the allocation of funding and other resources to and among
such programs and activities.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1781
the following new item:

``1781a. Department of Defense Military Family Readiness Council.

SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS FOR MILITARY
FAMILY READINESS.

(a) Policy and Plans Required.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, as amended by section 581 of this Act, is
further amended by inserting after section 1781a the
following new section:

``Sec. 1781b. Department of Defense policy and plans for
military family readiness

``(a) In General.--The Secretary of Defense shall develop a
policy and plans for the Department of Defense for the
support of military family readiness.
``(b) Purposes.--The purposes of the policy and plans
required under subsection (a) are as follows:
``(1) To ensure that the military family readiness programs
and activities of the Department of Defense are
comprehensive, effective, and properly supported.
``(2) To ensure that support is continuously available to
military families in peacetime and in war, as well as during
periods of force structure change and relocation of military
units.
``(3) To ensure that the military family readiness programs
and activities of the Department of Defense are available to
all military families, including military families of members
of the regular components and military families of members of
the reserve components.
``(4) To ensure that the goal of military family readiness
is an explicit element of applicable Department of Defense
plans, programs, and budgeting activities, and that
achievement of military family readiness is expressed through
Department-wide goals that are identifiable and measurable.
``(5) To ensure that the military family readiness programs
and activities of the Department of Defense undergo
continuous evaluation in order to ensure that resources are
allocated and expended for such programs and activities in
the most effective possible manner throughout the Department.
``(c) Elements of Policy.--The policy required under
subsection (a) shall include the following elements:
``(1) A definition for treating a program or activity of
the Department of Defense as a military family readiness
program or activity.
``(2) Department of Defense-wide goals for military family
support, both for military families of members of the regular
components and military families of members of the reserve
components.
``(3) Requirements for joint programs and activities for
military family support.
``(4) Policies on access to military family support
programs and activities based on military family populations
served and geographical location.
``(5) Metrics to measure the performance and effectiveness
of the military family readiness programs and activities of
the Department of Defense.
``(d) Elements of Plans.--(1) Each plan under required
under subsection (a) shall include the elements specified in
paragraph (2) for the five-fiscal year period beginning with
the fiscal year in which such plan is submitted under
paragraph (3).
``(2) The elements in each plan required under subsection
(a) shall include, for the period covered by such plan, the
following:
``(A) An ongoing identification and assessment of the
effectiveness of the military family readiness programs and
activities of the Department of Defense in meeting goals for
such programs and activities, which assessment shall evaluate
such programs and activities separately for each military
department and for each regular component and each reserve
component.
``(B) A description of the resources required to support
the military family readiness programs and activities of the
Department of Defense, including the military personnel,
civilian personnel, and volunteer personnel so required.
``(C) An ongoing identification in gaps in the military
family readiness programs and activities of the Department of
Defense, and an ongoing identification of the resources
required to address such gaps.
``(D) Mechanisms to apply the metrics developed under
subsection (c)(5).
``(E) A summary, by fiscal year, of the allocation of funds
(including appropriated funds and nonappropriated funds) for
major categories of military family readiness programs and
activities of the Department of Defense, set forth for each
of the military departments and for the Office of the
Secretary of Defense.
``(3) Not later than March 1, 2008, and each year
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the plans
required under subsection (a) for the five-fiscal year period
beginning with the fiscal year beginning in the year in which
such report is submitted. Each report shall include the plans
covered by such report and an assessment of the discharge by
the Department of Defense of the previous plans submitted
under this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title, as so
amended, is further amended by inserting after the item
relating to section 1781a the following new item:

``1781b. Department of Defense policy and plans for military family
readiness.''.

(3) Report on policy.--The Secretary of Defense shall
submit to the congressional defense committees a report
setting forth the policy developed under section 1781b of
title 10, United States Code (as added by this subsection),
not later than February 1, 2009.
(b) Surveys of Military Families.--Section 1782(a) of title
10, United States Code, is amended--
(1) in the heading, by striking ``Authority'' and inserting
``In General''; and
(2) by striking ``may conduct surveys'' in the matter
preceding paragraph (1) and inserting ``shall, in fiscal year
2009 and not less often than once every three fiscal years
thereafter, conduct surveys''.

Subtitle H--Other Matters

SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.

(a) Increase in Accumulation of Carryover Amount.--
(1) In general.--Subsection (b) of section 701 of title 10,
United States Code, is amended by striking ``60 days'' and
inserting ``90 days''.
(2) High deployment members.--Paragraph (1) of subsection
(f) of such section is amended--
(A) by striking ``60 days'' each place it appears and
inserting ``90 days''; and
(B) in subparagraph (C), by striking ``third fiscal year''
and inserting ``fourth fiscal year''.
(3) Members serving in support of contingency operations.--
Paragraph (2) of subsection (f) of such section is amended by
striking ``except for this paragraph--'' and all that follows
and inserting ``except for this paragraph, would lose any
accumulated leave in excess of 90 days at the end of that
fiscal year, shall be permitted to retain such leave until
the end of the second fiscal year after the fiscal year in
which such service on active duty is terminated.''.
(4) Conforming amendments.--Subsection (g) of such section
is amended--
(A) by striking ``60-day'' and inserting ``90-day''; and
(B) by striking ``90-day'' and inserting ``120-day''.
(b) Pay.--Section 501(b) of title 37, United States Code,
is amended by adding at the end the following new paragraph:
``(6) An enlisted member of the armed forces who would lose
accumulated leave in excess of 120 days of leave under
section 701(f)(1) of title 10 may elect to be paid in cash or
by a check on the Treasurer of the United States for any
leave in excess so accumulated for up to 30 days of such
leave. A

[[Page S8817]]

member may make an election under this paragraph only
once.''.
(c) Effective Date.--
(1) Increase in accumulation.--The amendments made by
subsection (a) shall take effect on October 1, 2008.
(2) Pay.--The amendment made by subsection (b) shall take
effect on the date of the enactment of this Act.

SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILITARY BANDS.

(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 988. Performances by military bands

``(a) In General.--Department of Defense bands, ensembles,
choruses, or similar musical units, including individual
members thereof performing in an official capacity, may not--
``(1) engage in the performance of music in competition
with local civilian musicians; or
``(2) receive remuneration for official performances.
``(b) Performance of Music in Competition With Local
Civilian Musicians Defined.--In this section, the term
`performance of music in competition with local civilian
musicians'--
``(1) includes--
``(A) a performance of music that is more than incidental
to an event that is not supported solely by appropriated
funds or free to the public; and
``(B) a performance of background, dinner, dance, or other
social music at any event, regardless of location, that is
not supported solely by appropriated funds; but
``(2) does not include a performance of music--
``(A) at an official Federal Government event that is
supported solely by appropriated funds;
``(B) at a concert, parade, or other event of a patriotic
nature (including a celebration of a national holiday) that
is free to the public; or
``(C) that is incidental to an event that is not supported
solely by appropriated funds, including a short performance
of military or patriotic music at the beginning or end of an
event, if the performance complies with such regulations as
the Secretary of Defense shall prescribe for purposes of this
section.
``(c) Members of Department of Defense Bands Performing in
Personal Capacity.--A member of a Department of Defense band,
ensemble, chorus, or similar musical unit may perform music
in the member's personal capacity, as an individual or part
of a group, whether for remuneration or otherwise, if in so
performing the member does not wear a military uniform or
otherwise identify the member as a member of the Department
of Defense, as provided in applicable regulations and
standards of conduct.
``(d) Recordings.--(1) When authorized pursuant to
regulations prescribed by the Secretary of Defense for
purposes of this section, Department of Defense bands,
ensembles, choruses, or similar musical units may produce
recordings for distribution to the public, at a cost not to
exceed production and distribution expenses.
``(2) Amounts received in payment for recording distributed
to the public under this subsection shall be credited to the
appropriation or account providing the funds for the
production of such recordings. Any amounts so credited shall
be merged with amounts in the appropriation or account to
which credited, and shall be available for the same purposes,
and subject to the same conditions and limitations, as
amounts in such appropriation or account.''.
(b) Conforming Repeals.--Sections 3634, 6223, and 8634 of
such title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 49 of
such title is amended by adding at the end the following new
item:

``988. Performances by military bands.''.
(2) The table of sections at the beginning of chapter 349
of such title is amended by striking the item relating to
section 3634.
(3) The table of sections at the beginning of chapter 565
of such title is amended by striking the item relating to
section 6223.
(4) The table of sections at the beginning of chapter 849
of such title is amended by striking the item relating to
section 8634.

SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF MEDALS OF
HONOR TO CERTAIN MEMBERS OF THE ARMY.

(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the
military service, the President may award the Medal of Honor
under section 3741 of that title to any of the persons named
in subsections (b), (c), (d), (e), and (f) for the acts of
valor referred to in the respective subsections.
(b) Woodrow Keeble.--Subsection (a) applies with respect to
Woodrow W. Keeble, for conspicuous acts of gallantry and
intrepidity at the risk of his life above and beyond the call
of duty as an acting platoon leader on October 20, 1950,
during the Korean War.
(c) Leslie Sabo, Jr.--Subsection (a) applies with respect
to Leslie H. Sabo, Jr., for conspicuous acts of gallantry and
intrepidity at the risk of his life above and beyond the call
of duty on May 10, 1970, as an Army soldier, serving in the
grade of Specialist Grade Four in Vietnam, with Company B, 3d
Battalion, 506th Infantry Regiment, 101st Airborne Division.
(d) Philip Shadrach.--Subsection (a) applies with respect
to Philip G. Shadrach, for conspicuous acts of gallantry and
intrepidity at the risk of his life above and beyond the call
of duty on April 12, 1862, as a Union Soldier, serving in the
grade of Private during the Civil War, with Company K, 2nd
Ohio Volunteer Infantry Regiment.
(e) Henry Svehla.--Subsection (a) applies with respect to
Henry Svehla, for conspicuous acts of gallantry and
intrepidity at the risk of his life above and beyond the call
of duty on June 12, 1952, as an Army soldier, serving in the
grade of Private First Class in Korea, with Company F, 32d
Infantry Regiment, 7th Infantry Division.
(f) George Wilson.--Subsection (a) applies with respect to
George D. Wilson, for conspicuous acts of gallantry and
intrepidity at the risk of his life above and beyond the call
of duty on April 12, 1862, as a Union Soldier, serving in the
grade of Private during the Civil War, with Company B, 2nd
Ohio Volunteer Infantry Regiment.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2008 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2008,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.5 percent.

SEC. 602. ALLOWANCE FOR PARTICIPATION OF RESERVES IN
ELECTRONIC SCREENING.

(a) Allowance for Participation in Electronic Screening.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 433 the following new
section:

``Sec. 433a. Allowance for participation in Ready Reserve
screening

``(a) Allowance Authorized.--(1) Under regulations
prescribed by the Secretaries concerned, a member of the
Individual Ready Reserve may be paid a stipend for
participation in the screening performed pursuant to section
10149 of title 10, in lieu of muster duty performed under
section 12319 of title 10, if such participation is conducted
through electronic means.
``(2) The stipend paid a member under this section shall
constitute the sole monetary allowance authorized for
participation in the screening described in paragraph (1),
and shall constitute payment in full to the member for
participation in such screening, regardless of the grade or
rank in which the member is serving.
``(b) Maximum Payment.--The aggregate amount of the stipend
paid a member of the Individual Ready Reserve under this
section in any calendar year may not exceed $50.
``(c) Payment Requirements.--(1) The stipend authorized by
this section may not be disbursed in kind.
``(2) Payment of a stipend to a member of the Individual
Ready Reserve under this section for participation in
screening shall be made on or after the date of participation
in such screening, but not later than 30 days after such
date.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 433 the following new
item:

``433a. Allowance for participation in Ready Reserve screening.''.
(b) Bar to Dual Compensation.--Section 206 of such title is
amended by adding at the end the following new subsection:
``(f) A member of the Individual Ready Reserve is not
entitled to compensation under this section for participation
in screening for which the member is paid a stipend under
section 433a of this title.''.
(c) Bar to Retirement Credit.--Section 12732(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) Service in the screening performed pursuant to
section 10149 of this title through electronic means,
regardless of whether or not a stipend is paid the member
concerned for such service under section 433a of title 37.''.

SEC. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF
MEMBERS PARTICIPATING IN THRIFT SAVINGS PLAN.

Section 1014 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(c) Subsection (a) does not preclude a payment with
respect to a member who elects to participate in the Thrift
Savings Plan under section 211 of this title of an amount
equal to one-half of the monthly deposit to the Thrift
Savings Fund otherwise to be made by the member in
participating in the Plan, which amount shall be deposited in
the Fund at midmonth.''.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(g)
of title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.

[[Page S8818]]

(b) Selected Reserve Affiliation or Enlistment Bonus.--
Section 308c(i) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Ready Reserve Enlistment Bonus for Persons Without
Prior Service.--Section 308g(f)(2) of such title is amended
by striking ``December 31, 2007'' and inserting ``December
31, 2008''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service.--Section 308h(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(f) Selected Reserve Enlistment Bonus for Persons With
Prior Service.--Section 308i(f) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2008'' and inserting ``January 1, 2009''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(e) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a)
of such title is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.
(h) Accession Bonus for Medical Officers in Critically
Short Wartime Specialties.--Section 302k(f) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(i) Accession Bonus for Dental Specialist Officers in
Critically Short Wartime Specialties.--Section 302l(g) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(f) of title 37, United
States Code, is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.
(c) Enlistment Bonus.--Section 309(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Retention Bonus for Members With Critical Military
Skills or Assigned to High Priority Units.--Section 323(i) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such
title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(g) Accession Bonus for Officer Candidates.--Section 330(f)
of such title is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.

SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR
RETENTION BONUS FOR MEDICAL OFFICERS OF THE
ARMED FORCES.

(a) Incentive Special Pay.--Section 302(b)(1) of title 37,
United States Code, is amended by striking ``$50,000'' and
inserting ``$75,000''.
(b) Multiyear Retention Bonus.--Section 301d(a)(2) of such
title is amended by striking ``$50,000'' and inserting
``$75,000''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.

SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.

(a) Increase.--Section 302b(a)(4) of title 37, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``at the following rates'' and inserting ``at a rate
determined by the Secretary concerned, which rate may not
exceed the following'';
(2) in subparagraph (A), by striking ``$4,000'' and
inserting ``$10,000''; and
(3) in subparagraph (B), by striking ``$6,000'' and
inserting ``$12,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007, and shall apply to
payments of dental officer additional special pay under
agreements entered into under section 302b(b) of title 37,
United States Code, on or after that date.

SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.

(a) In General.--The text of section 305 of title 37,
United States Code, is amended to read as follows:
``(a) Authority.--A member of a uniformed service who is
entitled to basic pay may be paid special pay under this
section while the member is performing duty that is
designated by the Secretary of Defense as hardship duty.
``(b) Payment on Monthly or Lump Sum Basis.--Special pay
payable under this section may be paid on a monthly basis or
in a lump sum.
``(c) Maximum Rate or Amount.--(1) The maximum monthly rate
of special pay payable to a member on a monthly basis under
this section is $1,500.
``(2) The amount of the lump sum payment of special pay
payable to a member on a lump sum basis under this section
may not exceed an amount equal to the product of--
``(A) the maximum monthly rate authorized under paragraph
(1) at the time the member qualifies for payment of special
pay on a lump sum basis under this section; and
``(B) the number of months for which special pay on a lump
sum basis under this section is payable to the member.
``(d) Relationship to Other Pay and Allowances.--Special
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(e) Repayment.--A member who is paid special pay in a
lump sum under this section, but who fails to complete the
period of service for which such special pay is paid, shall
be subject to the repayment provisions of section 303a(e) of
this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the payment of hardship duty pay
under this section, including the specific rates at which
special pay payable under this section on a monthly basis
shall be paid.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007, and shall apply with
respect to hardship duty pay payable on or after that date.

SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREWMEMBER OF
MULTI-CREWED SHIP IN SEA DUTY FOR CAREER SEA
PAY.

(a) In General.--Section 305a(e)(1)(A) of title 37, United
States Code, is amended--
(1) in clause (ii), by striking ``or'' at the end; and
(2) by adding at the end the following new clause:
``(iv) while serving as an off-cycle crewmember of a multi-
crewed ship; or''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007, and shall apply with
respect to months beginning on or after that date.

SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR MEMBERS OF
THE SELECTED RESERVE.

(a) Minimum Period of Reenlistment.--Subsection (a)(2) of
section 308b of title 37, United States Code, is amended by
striking ``for a period of three years or for a period of six
years'' and inserting ``for a period of not less than three
years''.
(b) Amount of Bonus.--Subsection (b)(1) of such section is
amended by striking ``may not exceed--'' and all that follows
and inserting ``may not exceed $15,000.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007, and shall apply with
respect to reenlistments or extensions of enlistment that
occur on or after that date.

SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE COVERED
BY AGREEMENTS FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIODS OF ACTIVE DUTY.

(a) Increase.--Section 312 of title 37, United States Code,
is amended--
(1) in subsection (a)(3), by striking ``26 years'' and
inserting ``30 years''; and
(2) in subsection (e)(1), by striking ``26 years'' and
inserting ``30 years''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to agreements, including new
agreements, entered into under section 312 of title 37,
United States Code, on or after that date.

SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY LIMIT FOR
RETENTION BONUS FOR CRITICAL MILITARY SKILLS
WITH RESPECT TO CERTAIN MEMBERS.

(a) Authority.--Section 323(e) of title 37, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) The limitations in paragraph (1) may be waived by the
Secretary of Defense, or by the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, with respect

[[Page S8819]]

to a member who is assigned duties in a critical skill
designated by such Secretary for purposes of this paragraph
during the period of active duty for which the bonus is being
offered.''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2007, and shall apply with
respect to written agreements that are executed, or
reenlistments or extensions of enlistment that occur, under
section 323 of title 37, United States Code, on or after that
date.

SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHORITY TO PAY
BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER
OTHER PERSONS FOR ENLISTMENT IN THE ARMY.

(a) Codification and Improvement of Bonus Authority.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:

``Sec. 331. Bonus to encourage Army personnel to refer other
persons for enlistment in the Army

``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of the Army may pay a bonus
under this section to an individual referred to in paragraph
(2) who refers to an Army recruiter a person who has not
previously served in an armed force and who, after such
referral, enlists in the regular component of the Army or in
the Army National Guard or Army Reserve.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible for a
referral bonus under this section:
``(A) A member in the regular component of the Army.
``(B) A member of the Army National Guard.
``(C) A member of the Army Reserve.
``(D) A member of the Army in a retired status, including a
member under 60 years of age who, but for age, would be
eligible for retired pay.
``(E) A civilian employee of the Department of the Army.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts an Army
recruiter on behalf of a person interested in enlisting in
the Army; or
``(2) when a person interested in enlisting in the Army
contacts the Army recruiter and informs the recruiter of the
role of the individual concerned in initially recruiting the
person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the Army
may not be paid a bonus under subsection (a) for the referral
of an immediate family member.
``(2) Members in recruiting roles.--A member of the Army
serving in a recruiting or retention assignment, or assigned
to other duties regarding which eligibility for a bonus under
subsection (a) could (as determined by the Secretary) be
perceived as creating a conflict of interest, may not be paid
a bonus under subsection (a).
``(3) Junior reserve officers' training corps
instructors.--A member of the Army detailed under subsection
(c)(1) of section 2031 of title 10 to serve as an
administrator or instructor in the Junior Reserve Officers'
Training Corps program or a retired member of the Army
employed as an administrator or instructor in the program
under subsection (d) of such section may not be paid a bonus
under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the
commencement of basic training by the person.
``(2) Not more than $1,000 shall be paid upon the
completion of basic training and individual advanced training
by the person.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the Army in a retired
status is in addition to any compensation to which the member
is entitled under title 10, 37, or 38, or any other provision
of law.
``(h) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by adding at
the end the following new item:

``331. Bonus to encourage Army personnel to refer other persons for
enlistment in the Army.''.
(b) Repeal of Superseded Authority.--Section 645 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163), as amended, is repealed.
(c) Payment of Bonuses Under Superseded Authority.--Any
bonus payable under section 645 of the National Defense
Authorization Act for Fiscal Year 2006, as amended, as of the
day before the date of the enactment of this Act shall remain
payable after that date in accordance with the provisions of
such section as in effect on such day.

SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DEPARTMENT OF
DEFENSE PERSONNEL TO REFER OTHER PERSONS FOR
APPOINTMENT AS OFFICERS TO SERVE IN HEALTH
PROFESSIONS.

(a) In General.--Chapter 5 of title 37, United States Code,
as amended by section 622 of this Act, is further amended by
adding at the end the following new section:

``Sec. 331a. Bonus to encourage Department of Defense
personnel to refer other persons for appointment as
officers to serve in health professions

``(a) Authority To Pay Bonus.--
``(1) Authority.--The appropriate Secretary may pay a bonus
under this section to an individual referred to in paragraph
(2) who refers to a military recruiter a person who has not
previously served and, after such referral, takes an oath of
enlistment that leads to appointment as a commissioned
officer, or accepts an appointment as a commissioned officer,
in an armed force in a health profession designated by the
appropriate Secretary for purposes of this section.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible for a
referral bonus under this section:
``(A) A member of the armed forces in a regular component
of the armed forced.
``(B) A member of the armed forces in a reserve component
of the armed forced.
``(C) A member of the armed forces in a retired status,
including a member under 60 years of age who, but for age,
would be eligible for retired or retainer pay.
``(D) A civilian employee of a military department or the
Department of Defense.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts a military
recruiter on behalf of a person interested in taking an oath
of enlistment that leads to appointment as a commissioned
officer, or accepting an appointment as a commissioned
officer, as applicable, in an armed force in a health
profession; or
``(2) when a person interested in taking an oath of
enlistment that leads to appointment as a commissioned
officer, or accepting an appointment as a commissioned
officer, as applicable, in an armed force in a health
profession contacts a military recruiter and informs the
recruiter of the role of the individual concerned in
initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the armed
forces may not be paid a bonus under subsection (a) for the
referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the armed
forces serving in a recruiting or retention assignment, or
assigned to other duties regarding which eligibility for a
bonus under subsection (a) could (as determined by the
appropriate Secretary) be perceived as creating a conflict of
interest, may not be paid a bonus under subsection (a).
``(3) Junior reserve officers' training corps
instructors.--A member of the armed forces detailed under
subsection (c)(1) of section 2031 of title 10 to serve as an
administrator or instructor in the Junior Reserve Officers'
Training Corps program or a retired member of the armed
forces employed as an administrator or instructor in the
program under subsection (d) of such section may not be paid
a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the execution
by the person of an agreement to serve as an officer in a
health profession in an armed force for not less than 3
years,
``(2) Not more than $1,000 shall be paid upon the
completion by the person of the initial period of military
training as an officer.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the armed forces in a
retired status is in addition to any compensation to which
the member is entitled under title 10, 37, or 38, or any
other provision of law.
``(h) Appropriate Secretary Defined.--In this section, the
term `appropriate Secretary' means--
``(1) the Secretary of the Army, with respect to matters
concerning the Army;
``(2) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard
when it is operating as a service in the Navy;
``(3) the Secretary of the Air Force, with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense, with respect to personnel
of the Department of Defense.
``(i) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title, as so amended, is
further amended by adding at the end the following new item:

[[Page S8820]]

``331a. Bonus to encourage Department of Defense personnel to refer
other persons for appointment as officers to serve in
health professions.''.

SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.

(a) Accession Bonus Authorized.--Section 2127 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(f)(1) In order to increase participation in the program,
the Secretary of Defense may pay a person who signs an
agreement under section 2122 of this title an accession bonus
of not more than $20,000.
``(2) An accession bonus paid a person under this
subsection is in addition to any other amounts payable to the
person under this subchapter.
``(3) In the case of an individual who is paid an accession
bonus under this subsection, but fails to commence or
complete the obligated service required of the person under
this subchapter, the repayment provisions of section 303a(e)
of title 37 shall apply to the accession bonus paid the
person under this subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007, and shall apply with
respect to agreements signed under subchapter I of chapter
105 of title 10, United States Code, on or after that date.

Subtitle C--Travel and Transportation Allowances

SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE UNITED STATES
FOR OBSTETRICAL PURPOSES OF DEPENDENTS LOCATED
IN VERY REMOTE LOCATIONS OUTSIDE THE UNITED
STATES.

Section 1040 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary of Defense may pay the travel expenses
and related expenses of a dependent of a member of the
uniformed services assigned to a very remote location outside
the United States, as determined by the Secretary, for travel
for obstetrical purposes to a location in the United
States.''.

SEC. 642. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE
OFFICERS' TRAINING CORPS INSTRUCTORS IN HARD-
TO-FILL POSITIONS.

Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) When determined by the Secretary of the military
department concerned to be in the national interest and
agreed upon by the institution concerned, the institution may
reimburse the moving expenses of a Junior Reserve Officers'
Training Corps instructor who executes a written agreement to
serve a minimum of two years of employment at the institution
in a position that is hard-to-fill for geographic or economic
reasons and as determined by the Secretary concerned.
``(2) Any reimbursement of an instructor under paragraph
(1) is in addition to the minimum instructor pay otherwise
payable to the instructor.
``(3) The Secretary concerned shall reimburse an
institution making a reimbursement under paragraph (1) in an
amount equal to the amount of the reimbursement paid by the
institution under that paragraph. Any reimbursement under
this paragraph shall be made from funds appropriated for that
purpose.
``(4) The payment of reimbursements under paragraphs (1)
and (3) shall be subject to regulations prescribed by the
Secretary of Defense for purposes of this subsection.''.

Subtitle D--Retired Pay and Survivor Benefits

SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH
GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE
ARMED FORCES.

(a) In General.--Subsection (a) of section 1477 of title
10, United States Code, is amended by striking all that
follows ``on the following list:'' and inserting the
following:
``(1) To any individual designated by the person in
writing.
``(2) If there is no person so designated, to the surviving
spouse of the person.
``(3) If there is none of the above, to the children (as
prescribed by subsection (b)) of the person and the
descendants of any deceased children by representation.
``(4) If there is none of the above, to the parents (as
prescribed by subsection (c)) of the person or the survivor
of them.
``(5) If there is none of the above, to the duly appointed
executor or administrator of the estate of the person.
``(6) If there is none of the above, to other next of kin
of the person entitled under the laws of domicile of the
person at the time of the person's death.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b), by striking ``Subsection (a)(2)'' in
the matter preceding paragraph (1) and inserting ``Subsection
(a)(3)'';
(2) by striking (c) and inserting the following new
subsection (c):
``(c) For purposes of subsection (a)(4), parents include
fathers and mothers through adoption. However, only one
father and one mother may be recognized 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 entered a status described in section 1475
or 1476 of this title.''; and
(3) by striking subsection (d).
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(d) Applicability.--Notwithstanding subsection (c), the
provisions of section 1477 of title 10, United States Code,
as in effect on the day before the date of the enactment of
this Act, shall continue to apply to each member of the Armed
Forces covered by such section until the earlier of the
following--
(1) the date on which such member makes the designation
contemplated by paragraph (1) of section 1477(a) of such
title (as amended by subsection (a) of this section); or
(2) January 1, 2008.
(e) Regulations.--
(1) In general.--Not later than December 1, 2007, the
Secretary of Defense shall prescribe regulations to implement
the amendments to section 1477 of title 10, United States
Code, made by subsection (a).
(2) Elements.--The regulations required by paragraph (1)
shall include forms for the making of the designation
contemplated by paragraph (1) of section 1477(a) of title 10,
United States Code (as amended by subsection (a)), and
instructions for members of the Armed Forces in the filling
out of such forms.

SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT
CHILDREN UNDER SURVIVOR BENEFIT PLAN.

(a) Election.--Section 1448(b) of title 10, United States
Code, is amended--
(1) in the subsection caption, by striking ``and Former
Spouse'' and inserting ``, Former Spouse, and Guardian or
Caretaker''; and
(2) by adding at the end the following new paragraph:
``(6) Guardian or caretaker coverage.--
``(A) General rule.--A person who is not married and has
one or more dependent children upon becoming eligible to
participate in the Plan may elect to provide an annuity under
the Plan to a natural person (other than a natural person
with an insurable interest in the person under paragraph (1)
or a former spouse) who acts as a guardian or caretaker to
such child or children. In the case of a person providing a
reserve-component annuity, such an election shall include a
designation under subsection (e).
``(B) Termination of coverage.--Subparagraphs (B) through
(E) of paragraph (1) shall apply to an election under
subparagraph (A) of this paragraph in the same manner as such
subparagraphs apply to an election under subparagraph (A) of
paragraph (1).
``(C) Election of new beneficiary upon death of previous
beneficiary.--Subparagraph (G) of paragraph (1) shall apply
to an election under subparagraph (A) of this paragraph in
the same manner as such subparagraph (G) applies to an
election under subparagraph (A) of paragraph (1), except that
any new beneficiary elected under such subparagraph (G) by
reason of this subparagraph shall be a guardian or caretaker
of the dependent child or children of the person making such
election.''.
(b) Payment of Annuity.--Section 1450 of such title is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(5) Guardian or caretaker coverage.--The natural person
designated under section 1448(b)(6) of this title, unless the
election to provide an annuity to the natural person has been
changed as provided in subsection (f).''; and
(2) in the subsection caption of subsection (f), by
striking ``or Former Spouse'' and inserting ``, Former
Spouse, or Guardian or Caretaker''.
(c) Amount of Annuity.--Section 1451(b) of such title is
amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (2).
(d) Reduction in Retired Pay.--Section 1452(c) of such
title is amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (3).

SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION
ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

(a) Eligibility.--Subsection (c) of section 1413a of title
10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows and inserting
``who--
``(1) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such
section is amended--
(1) by designating the text of that paragraph as
subparagraph (A), realigning that text so as to be indented 4
ems from the left margin, and inserting before ``In the case
of'' the following heading: ``In general.--''; and
(2) by adding at the end the following new subparagraph:
``(B) Special rule for retirees with fewer than 20 years of
service.--In the case of an eligible combat-related disabled
uniformed services retiree who is retired

[[Page S8821]]

under chapter 61 of this title with fewer than 20 years of
creditable service, the amount of the payment under paragraph
(1) for any month shall be reduced by the amount (if any) by
which the amount of the member's retired pay under chapter 61
of this title exceeds the amount equal to 2\1/2\ percent of
the member's years of creditable service multiplied by the
member's retired pay base under section 1406(b)(1) or 1407 of
this title, whichever is applicable to the member.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2008, and shall apply to
payments for months beginning on or after that date.

SEC. 654. CLARIFICATION OF APPLICATION OF RETIRED PAY
MULTIPLIER PERCENTAGE TO MEMBERS OF THE
UNIFORMED SERVICES WITH OVER 30 YEARS OF
SERVICE.

(a) Computation of Retired and Retainer Pay for Members of
Naval Service.--The table in section 6333(a) of title 10,
United States Code, is amended in Column 2 of Formula A by
striking ``75 percent'' and inserting ``Retired pay
multiplier prescribed under section 1409 for the years of
service that may be credited to him under section 1405.''.
(b) Retired Pay for Certain Members Recalled to Active
Duty.--The table in section 1402(a) of such title is amended
by striking Column 3.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on January 1, 2007, and shall apply
with respect to retired pay and retainer pay payable on or
after that date.

SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY BY MEMBERS OF THE READY RESERVE ON
ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR
SIGNIFICANT PERIODS.

(a) Reduced Eligibility Age.--Section 12731 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) has attained the eligibility age applicable under
subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for
purposes of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the
Ready Reserve serves on active duty or performs active
service described in subparagraph (B) after the date of the
enactment of this subsection, the eligibility age for
purposes of subsection (a)(1) shall be reduced below 60 years
of age by three months for each aggregate of 90 days on which
such person so performs in any fiscal year after such date,
subject to subparagraph (C). A day of duty may be included in
only one aggregate of 90 days for purposes of this
subparagraph.
``(B)(i) Service on active duty described in this
subparagraph is service on active duty pursuant to a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) or under section 12301(d) of this
title. Such service does not include service on active duty
pursuant to a call or order to active duty under section
12310 of this title.
``(ii) Active service described in this subparagraph is
also service under a call to active service authorized by the
President or the Secretary of Defense under section 502(f) of
title 32 for purposes of responding to a national emergency
declared by the President or supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1)
may not be reduced below 50 years of age for any person under
subparagraph (A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility
of Non-Regular Service Retirees For Health Care.--Section
1074(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former
member entitled to retired pay for non-regular service under
chapter 1223 of this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or
Policy.--With respect to any provision of law, or of any
policy, regulation, or directive of the executive branch that
refers to a member or former member of the uniformed services
as being eligible for, or entitled to, retired pay under
chapter 1223 of title 10, United States Code, but for the
fact that the member or former member is under 60 years of
age, such provision shall be carried out with respect to that
member or former member by substituting for the reference to
being 60 years of age a reference to having attained the
eligibility age applicable under subsection (f) of section
12731 of title 10, United States Code (as added by subsection
(a)), to such member or former member for qualification for
such retired pay under subsection (a) of such section.

Subtitle E--Education Benefits

SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR
EDUCATION.

(a) Clarification of Applicability of Current Authority to
Commissioned Officers on Active Duty.--Subsection (b) of
section 2007 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(other than a member of the Ready
Reserve)'' after ``active duty'' the first place it appears;
and
(B) by striking ``or full-time National Guard duty'' both
places it appears; and
(2) in paragraph (2)(B), by inserting ``for which ordered
to active duty'' after ``active duty service''.
(b) Authority To Pay Tuition Assistance to Members of the
Ready Reserve.--
(1) In general.--Subsection (c) of such section is amended
to read as follows:
``(c)(1) Subject to paragraphs (3)(A) and (4), the
Secretary of a military department may pay the charges of an
educational institution for the tuition or expenses described
in subsection (a) of a member of the Selected Reserve.
``(2) Subject to paragraphs (3)(B) and (4), the Secretary
of a military department may pay the charges of an
educational institution for the tuition or expenses described
in subsection (a) of a member of the Individual Ready Reserve
who has a military occupational specialty designated by the
Secretary for purposes of this subsection.
``(3)(A) The Secretary of a military department may not pay
charges under paragraph (1) for tuition or expenses of an
officer of the Selected Reserve unless the officer agrees to
remain a member of the Selected Reserve for at least four
years after completion of the education or training for which
the charges are paid.
``(B) The Secretary of a military department may not pay
charges under paragraph (2) for tuition or expenses of an
officer of the Individual Ready Reserve unless the officer
agrees to remain in the Selected Reserve or Individual Ready
Reserve for at least four years after completion of the
education or training for which the charges are paid.
``(4) The Secretary of a military department may require
enlisted members of the Selected Reserve or Individual Ready
Reserve to agree to serve for up to four years in the
Selected Reserve or Individual Ready Reserve, as the case may
be, after completion of education or training for which
tuition or expenses are paid under paragraph (1) or (2), as
applicable.''.
(2) Repeal of superseded provision.--Such section is
further amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(3) Repayment of unearned benefit.--Subsection (e) of such
section, as redesignated by paragraph (2) of this subsection,
is amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following new paragraph:
``(2) If a member of the Ready Reserve who enters into an
agreement under subsection (c) does not complete the period
of service specified in the agreement, the member shall be
subject to the repayment provisions of section 303a(e) of
title 37.''.
(c) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(f) This section shall be administered under regulations
prescribed by the Secretary of Defense and the Secretary of
Homeland Security for the Coast Guard when it is not
operating as a service in the Navy.''.

SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION LOAN
REPAYMENT PROGRAM.

(a) Additional Loans Eligible for Repayment.--Paragraph (1)
of subsection (a) of section 16301 of title 10, United States
Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) any loan incurred for educational purposes made by a
lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including an
insurance company) that is subject to examination and
supervision by an agency of the United States or any State;
``(iii) a pension fund approved by the Secretary for
purposes of this section; or
``(iv) a nonprofit private entity designated by a State,
regulated by such State, and approved by the Secretary for
purposes of this section.''.
(b) Eligibility of Officers.--Such subsection is further
amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in paragraph (3), the
Secretary'' and inserting ``The Secretary''; and
(B) by striking ``an enlisted member of the Selected
Reserve of the Ready Reserve of an armed force in a reserve
component and military specialty'' and inserting ``a member
of the Selected Reserve of the Ready Reserve of an armed
force in a reserve component and officer program or military
specialty''; and
(2) by striking paragraph (3).
(c) Conforming Amendment.--The heading of such section is
amended to read as follows:

``Sec. 16301. Education loan repayment program: members of
the Selected Reserve''.

(d) Clerical Amendment.--The table of sections at the
beginning of chapter 1609 of such title is amended by
striking the item relating to section 16301 and inserting the
following new item:

``16301. Education loan repayment program: members of the Selected
Reserve.''.

[[Page S8822]]

Subtitle F--Other Matters

SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME REPLACEMENT
PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND
FREQUENT MOBILIZATION FOR ACTIVE-DUTY SERVICE.

(a) Clarification of General Authority.--Subsection (a) of
section 910 of title 37, United States Code, is amended by
inserting ``, when the total monthly military compensation of
the member is less than the average monthly civilian income''
after ``by the Secretary''.
(b) Eligibility.--Subsection (b) of such section is amended
to read as follows:
``(b) Eligibility.--Subject to subsection (c), a reserve
component member is entitled to a payment under this section
for any full month of active duty of the member--
``(1) while on active duty under an involuntary
mobilization order, following the date on which the member--
``(A) completes 18 continuous months of service on active
duty under such an order;
``(B) completes 730 cumulative days of service on active
duty under such an order during the previous 1,826 days; or
``(C) is involuntarily mobilized for service on active duty
for a period of 180 days or more within 180 days following
the member's separation from a previous period of involuntary
active duty for period of 180 days or more; or
``(2) while retained on active duty under subparagraph (A)
or (B) of section 12301(h)(1) of title 10 because of an
injury or illness incurred or aggravated while deployed to an
area designated for special pay under section 310 of this
title after becoming entitled to income replacement pay under
paragraph (1).''.
(c) Termination.--Subsection (g) of such section is amended
to read as follows:
``(g) Termination of Authority.--Payment under this section
shall only be made for service performed on or before
December 31, 2008.''.

SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAMILY MEMBERS.

(a) In General.--Section 319 of the Immigration and
Nationality Act (8 U.S.C. 1430) is amended by adding at the
end the following new subsection:
``(e) Any person who is lawfully admitted for permanent
residence, is the spouse or child of a member of the Armed
Forces, and is authorized to accompany such member and reside
in a foreign country with the member pursuant to the member's
official orders, and who is so accompanying and residing with
the member (in marital union if a spouse), may be naturalized
upon compliance with all the requirements of this title
except that the person's residence and physical presence in
such foreign country shall be treated as residence and
physical presence in the United States or any State for the
purpose of satisfying the requirements of section 316 or 322
for naturalization and for the purpose of satisfying the
requirements of section 101(a)(13)(C)(i) or (ii).''.
(b) Overseas Naturalization Authority.--Section 1701(d) of
the National Defense Authorization Act for Fiscal Year 2004
(8 U.S.C. 1443a) is amended by inserting ``, and persons
eligible to meet the residence or physical presence
requirements for naturalization pursuant to subsection (e) of
section 319 of the Immigration and Nationality Act (8 U.S.C.
1430),'' after ``Armed Forces''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
apply to any application of naturalization pending before the
Secretary of Homeland Security on or after the date of
enactment.

TITLE VII--HEALTH CARE PROVISIONS

SEC. 701. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN
FEDERAL PROCUREMENT OF PHARMACEUTICALS.

(a) In General.--Section 1074g of title 10, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Procurement of Pharmaceuticals by TRICARE Retail
Pharmacy Program.--With respect to any prescription filled on
or after October 1, 2007, the TRICARE retail pharmacy program
shall be treated as an element of the Department of Defense
for purposes of the procurement of drugs by Federal agencies
under section 8126 of title 38 to the extent necessary to
ensure that pharmaceuticals paid for by the Department of
Defense that are provided by pharmacies under the program to
eligible covered beneficiaries under this section are subject
to the pricing standards in such section 8126.''.
(b) Regulations.--The Secretary of Defense shall, after
consultation with the other administering Secretaries under
chapter 55 of title 10, United States Code, modify the
regulations under subsection (h) of section 1074g of title
10, United States Code (as redesignated by subsection (a)(1)
of this section), to implement the requirements of subsection
(f) of section 1074g of title 10, United States Code (as
amended by subsection (a)(2) of this section). The Secretary
shall so modify such regulations not later than December 31,
2007.

SEC. 702. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD
AND TRICARE EXTRA.

(a) Requirement for Surveys.--
(1) In general.--The Secretary of Defense shall conduct
surveys of health care providers and beneficiaries who use
TRICARE in the United States to determine, utilizing a
reconciliation of the responses of providers and
beneficiaries to such surveys, each of the following:
(A) How many health care providers in TRICARE Prime service
areas selected under paragraph (3)(A) are accepting new
patients under each of TRICARE Standard and TRICARE Extra.
(B) How many health care providers in geographic areas in
which TRICARE Prime is not offered are accepting patients
under each of TRICARE Standard and TRICARE Extra.
(C) The availability of mental health care providers in
TRICARE Prime service areas selected under paragraph (3)(C)
and in geographic areas in which TRICARE Prime is not
offered.
(2) Benchmarks.--The Secretary shall establish for purposes
of the surveys required by paragraph (1) benchmarks for
primary care and specialty care providers, including mental
health care providers, to be utilized to determine the
adequacy of health care providers to beneficiaries eligible
for TRICARE.
(3) Scope of surveys.--The Secretary shall carry out the
surveys required by paragraph (1) as follows:
(A) In the case of the surveys required by subparagraph (A)
of that paragraph, in at least 20 TRICARE Prime service areas
in the United States in each of fiscal years 2008 through
2011.
(B) In the case of the surveys required by subparagraph (B)
of that paragraph, in 20 geographic areas in which TRICARE
Prime is not offered and in which significant numbers of
beneficiaries who are members of the Selected Reserve reside.
(C) In the case of the surveys required by subparagraph (C)
of that paragraph, in at least 40 geographic areas.
(4) Priority for surveys.--In prioritizing the areas which
are to be surveyed under paragraph (1), the Secretary shall--
(A) consult with representatives of TRICARE beneficiaries
and health care and mental health care providers to identify
locations where TRICARE Standard beneficiaries are
experiencing significant levels of access-to-care problems
under TRICARE Standard or TRICARE Extra; and
(B) give a high priority to surveying health care and
mental health care providers in such areas.
(5) Information from providers.--The surveys required by
paragraph (1) shall include questions seeking to determine
from health care and mental health care providers the
following:
(A) Whether the provider is aware of the TRICARE program.
(B) What percentage of the provider's current patient
population uses any form of TRICARE.
(C) Whether the provider accepts patients for whom payment
is made under the medicare program for health care and mental
health care services.
(D) If the provider accepts patients referred to in
subparagraph (C), whether the provider would accept
additional such patients who are not in the provider's
current patient population.
(6) Information from beneficiaries.--The surveys required
by paragraph (1) shall include questions seeking information
to determine from TRICARE beneficiaries whether they have
difficulties in finding health care and mental health care
providers willing to provide services under TRICARE Standard
or TRICARE Extra.
(b) Supervision.--
(1) Supervising official.--The Secretary shall designate a
senior official of the Department of Defense to take the
actions necessary for achieving and maintaining participation
of health care and mental health care providers in TRICARE
Standard and TRICARE Extra throughout TRICARE in a number
that is adequate to ensure the viability of TRICARE Standard
for TRICARE beneficiaries.
(2) Duties.--The official designated under paragraph (1)
shall have the following duties:
(A) To make recommendations to the Secretary for purposes
of subsection (a)(2) on appropriate benchmarks for measuring
the adequacy of health care and mental health care providers
in TRICARE Prime service areas and geographic areas in the
United States in which TRICARE Prime is not offered.
(B) To educate health care and mental health care providers
about TRICARE Standard and TRICARE Extra.
(C) To encourage health care and mental health care
providers to accept patients under TRICARE Standard and
TRICARE Extra.
(D) To ensure that TRICARE beneficiaries have the
information necessary to locate TRICARE Standard and TRICARE
Extra providers readily.
(E) To recommend adjustments in TRICARE Standard provider
payment rates that the official considers necessary to ensure
adequate availability of TRICARE Standard providers for
TRICARE Standard beneficiaries.
(c) GAO Review.--
(1) Ongoing review.--The Comptroller General shall, on an
ongoing basis, review--
(A) the processes, procedures, and analysis used by the
Department of Defense to determine the adequacy of the number
of health care and mental health care providers--
(i) that currently accept TRICARE Standard or TRICARE Extra
beneficiaries as patients under TRICARE Standard in each

[[Page S8823]]

TRICARE area as of the date of completion of the review; and
(ii) that would accept TRICARE Standard or TRICARE Extra
beneficiaries as new patients under TRICARE Standard or
TRICARE Extra, as applicable, within a reasonable time after
the date of completion of the review; and
(B) the actions taken by the Department of Defense to
ensure ready access of TRICARE Standard beneficiaries to
health care and mental health care under TRICARE Standard in
each TRICARE area, including any pending or resolved requests
for waiver of payment limits in order to improve access to
health care or mental health care in a specific geographic
area.
(2) Reports.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on a bi-annual basis a report on the results
of the review under paragraph (1). Each report shall include
the following:
(A) An analysis of the adequacy of the surveys under
subsection (a).
(B) An identification of any impediments to achieving
adequacy of availability of health care and mental health
care under TRICARE Standard or TRICARE Extra.
(C) An assessment of the adequacy of Department of Defense
education programs to inform health care and mental health
care providers about TRICARE Standard and TRICARE Extra.
(D) An assessment of the adequacy of Department of Defense
initiatives to encourage health care and mental health care
providers to accept patients under TRICARE Standard and
TRICARE Extra.
(E) An assessment of the adequacy of information available
to TRICARE Standard beneficiaries to facilitate access by
such beneficiaries to health care and mental health care
under TRICARE Standard and TRICARE Extra.
(F) An assessment of any need for adjustment of health care
and mental health care provider payment rates to attract
participation in TRICARE Standard by appropriate numbers of
health care and mental health care providers.
(d) Effective Date.--This section shall take effect on
October 1, 2007.
(e) Repeal of Superseded Requirements and Authority.--
Section 723 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 1073 note) is repealed, effective
as of October 1, 2007.
(f) Definitions.--In this section:
(1) The term ``TRICARE Extra'' means the option of the
TRICARE program under which TRICARE Standard beneficiaries
may obtain discounts on cost-sharing as a result of using
TRICARE network providers.
(2) The term ``TRICARE Prime'' means the managed care
option of the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a
geographic are designated by the Department of Defense in
which managed care support contractors develop a managed care
network under TRICARE Prime.
(4) The term ``TRICARE Standard'' means the option of the
TRICARE program that is also known as the Civilian Health and
Medical Program of the Uniformed Services, as defined in
section 1072(4) of title 10, United States Code.
(5) The term ``United States'' means the United States (as
defined in section 101(a) of title 10, United States Code),
its possessions (as defined in such section), and the
Commonwealth of Puerto Rico.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Provisions Relating to Major Defense Acquisition Programs

SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CONTRACTS.

(a) Definition in Regulations of Substantial Savings Under
Multiyear Contracts.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
modify the regulations prescribed pursuant to subsection
(b)(2)(A) of section 2306b of title 10, United States Code,
to define the term ``substantial savings'' for purposes of
subsection (a)(1) of such section. Such regulations shall
specify that--
(A) savings that exceed 10 percent of the total anticipated
costs of carrying out a program through annual contracts
shall be considered to be substantial;
(B) savings that exceed 5 percent of the total anticipated
costs of carrying out a program through annual contracts, but
do not exceed 10 percent of such costs, shall not be
considered to be substantial unless the Secretary determines
in writing that an exceptionally strong case has been made
with regard to the findings required by paragraphs (2)
through (6) of section 2306b(a) of such title; and
(C) savings that do not exceed 5 percent of the total
anticipated costs of carrying out a program through annual
contracts shall not be considered to be substantial.
(2) Effective date.--The modification required by paragraph
(1) shall apply with regard to any multiyear contract that is
authorized after the date that is 60 days after the date of
the enactment of this Act.
(b) Report on Basis for Determination.--Section 2306b(i)(3)
of title 10, United States Code, is amended by inserting
before the period at the end the following: ``after the head
of the agency concerned submits to the congressional defense
committees a report on the specific facts supporting the
determination of the head of that agency under subsection
(a)''.
(c) Reports on Savings Achieved.--
(1) Reports required.--Not later than January 15 of 2008,
2009, and 2010, the Secretary shall submit to the
congressional defense committees a report on the savings
achieved through the use of multiyear contracts that were
entered under the authority of section 2306b of title 10,
United States Code, and the performance of which was
completed in the preceding fiscal year.
(2) Elements.--Each report under paragraph (1) shall
specify, for each multiyear contract covered by such report--
(A) the savings that the Department of Defense estimated it
would achieve through the use of the multiyear contract at
the time such contract was awarded; and
(B) the best estimate of the Department on the savings
actually achieved under such contract.

SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.

Section 2366a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, after receiving a
business case analysis,'' after ``the milestone decision
authority'' in the matter preceding paragraph (1);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Changes to Certification.--(1) The program manager
for a major defense acquisition program that has received
certification under subsection (a) shall immediately notify
the milestone decision authority of any changes to the
program that are--
``(A) inconsistent with such certification; or
``(B) deviate significantly from the material provided to
the milestone decision authority in support of such
certification.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification
concerned or rescind Milestone B approval (or Key Decision
Point B approval in the case of a space program) if the
milestone decision authority determines that such action is
in the best interest of the national security of the United
States.'';
(4) in subsection (c), as redesignated by paragraph (1)--
(A) by inserting ``(1)'' before ``The certification''; and
(B) by adding at the end the following new paragraph (2):
``(2) Any information provided to the milestone decision
authority pursuant to subsection (b) shall be summarized in
the first Selected Acquisition Report submitted under section
2432 of this title after such information is received by the
milestone decision authority.''; and
(5) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.

SEC. 803. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.

(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report on potential modifications of the
organization and structure of the Department of Defense for
major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall
include the results of a review, conducted by the Comptroller
General for purposes of the report, regarding the feasibility
and advisability of, at a minimum, the following:
(1) Establishing system commands within each military
department, each of which commands would be headed by a 4-
star general or flag officer, to whom the program managers
and program executive officers for major defense acquisition
programs would report.
(2) Revising the acquisition process for major defense
acquisition programs by establishing shorter, more frequent
acquisition program milestones.
(3) Requiring certifications of program status to the
defense acquisition executive and Congress prior to milestone
approval for major defense acquisition programs.
(4) Establishing a new office (to be known as the ``Office
of Independent Assessment'') to provide independent cost
estimates and performance estimates for major defense
acquisition programs.
(5) Establishing a milestone system for major defense
acquisition programs utilizing the following milestones (or
such other milestones as the Comptroller General considers
appropriate for purposes of the review):
(A) Milestone 0.--The time for the development and approval
of a mission need statement for a major defense acquisition
program.
(B) Milestone 1.--The time for the development and approval
of a capability need definition for a major defense
acquisition program, including development and approval of a
certification statement on the characteristics required for
the system under the program and a determination of the
priorities among such characteristics.

[[Page S8824]]

(C) Milestone 2.--The time for technology development and
assessment for a major defense acquisition program, including
development and approval of a certification statement on
technology maturity of elements under the program.
(D) Milestone 3.--The time for system development and
demonstration for a major defense acquisition program,
including development and approval of a certification
statement on design proof of concept.
(E) Milestone 4.--The time for final design, production
prototyping, and testing of a major defense acquisition
program, including development and approval of a
certification statement on cost, performance, and schedule in
advance of initiation of low-rate production of the system
under the program.
(F) Milestone 5.--The time for limited production and field
testing of the system under a major defense acquisition
program.
(G) Milestone 6.--The time for initiation of full-rate
production of the system under a major defense acquisition
program.
(6) Requiring the Milestone Decision Authority for a major
defense acquisition program to specify, at the time of
Milestone B approval, or Key Decision Point B approval, as
applicable, the period of time that will be required to
deliver an initial operational capability to the relevant
combatant commanders.
(7) Establishing a materiel solutions process for
addressing identified gaps in critical warfighting
capabilities, under which process the Under Secretary of
Defense for Acquisition, Technology, and Logistics circulates
among the military departments and appropriate Defense
Agencies a request for proposals for technologies and systems
to address such gaps.
(8) Modifying the role played by chiefs of staff of the
Armed Forces in the requirements, resource allocation, and
acquisition processes.
(c) Consultation.--In conducting the review required under
subsection (b) for the report required by subsection (a), the
Comptroller General shall obtain the views of the following:
(1) Senior acquisition officials currently serving in the
Department of Defense.
(2) Individuals who formerly served as senior acquisition
officials in the Department of Defense.
(3) Participants in previous reviews of the organization
and structure of the Department of Defense for the
acquisition of major weapon systems, including the
President's Blue Ribbon Commission on Defense Management in
1986.
(4) Other experts on the acquisition of major weapon
systems.
(5) Appropriate experts in the Government Accountability
Office.

SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.

(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 congressional defense committees a report
on the strategies of the Department of Defense for the
allocation of funds and other resources under major defense
acquisition programs.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum, Department of Defense organizations,
procedures, and approaches for the following purposes:
(1) To establish priorities among needed capabilities under
major defense acquisition programs, and to assess the
resources (including funds, technologies, time, and
personnel) needed to achieve such capabilities.
(2) To balance cost, schedule, and requirements for major
defense acquisition programs to ensure the most efficient use
of Department of Defense resources.
(3) To ensure that the budget, requirements, and
acquisition processes of the Department of Defense work in a
complementary manner to achieve desired results.
(c) Role of Tri-Chair Committee in Resource Allocation.--
(1) In general.--The report required by subsection (a)
shall also address the role of the committee described in
paragraph (2) in the resource allocation process for major
defense acquisition programs.
(2) Committee.--The committee described in this paragraph
is a committee (to be known as the ``Tri-Chair Committee'')
composed of the following:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who is one of the chairs of the
committee.
(B) The Vice Chairman of the Joint Chiefs of Staff, who is
one of the chairs of the committee.
(C) The Director of Program Analysis and Evaluation, who is
one of the chairs of the committee.
(D) Any other appropriate officials of the Department of
Defense, as jointly agreed upon by the Under Secretary and
the Vice Chairman.
(d) Recommendations.--The report required by subsection (a)
shall include any recommendations, including recommendations
for legislative action, that the Secretary considers
appropriate to improve the organizations, procedures, and
approaches described in the report.

SEC. 805. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON
TOTAL OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.

(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 congressional defense committees a report
on the extent of the implementation of the recommendations
set forth in the February 2003 report of the Government
Accountability Office entitled ``Setting Requirements
Differently Could Reduce Weapon Systems' Total Ownership
Costs''.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each recommendation described in subsection (a)
that has been implemented, or that the Secretary plans to
implement--
(A) a summary of all actions that have been taken to
implement such recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of such recommendation.
(2) For each recommendation that the Secretary has not
implemented and does not plan to implement--
(A) the reasons for the decision not to implement such
recommendation; and
(B) a summary of any alternative actions the Secretary
plans to take to address the purposes underlying such
recommendation.
(3) A summary of any additional actions the Secretary has
taken or plans to take to ensure that total ownership cost is
appropriately considered in the requirements process for
major weapon systems.

Subtitle B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations

SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND
DELIVERY ORDER CONTRACTS.

(a) Limitation on Single Award Contracts.--Section 2304a(d)
of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may
be awarded to a single contractor unless the head of the
agency determines in writing that--
``(A) because of the size, scope, or method of performance
of the requirement, it would not be practical to award
multiple task or delivery order contracts;
``(B) the task or delivery orders expected under the
contract are so integrally related that only a single
contractor can reasonably perform the work;
``(C) the contract provides only for firm, fixed price task
orders or delivery orders for--
``(i) products for which unit prices are established in the
contract; or
``(ii) services for which prices are established in the
contract for the specific tasks to be performed; or
``(D) only one contractor is qualified and capable of
performing the work at a reasonable price to the
government.''.
(b) Enhanced Competition for Orders in Excess of
$5,000,000.--Section 2304c of such title is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in
excess of $5,000,000, the requirement to provide all
contractors a fair opportunity to be considered under
subsection (b) is not met unless all such contractors are
provided, at a minimum--
``(1) a notice of the task or delivery order that includes
a clear statement of the agency's requirements;
``(2) a reasonable period of time to provide a proposal in
response to the notice;
``(3) disclosure of the significant factors and subfactors,
including cost or price, that the agency expects to consider
in evaluating such proposals, and their relative importance;
``(4) in the case of an award that is to be made on a best
value basis, a written statement documenting the basis for
the award and the relative importance of quality and price or
cost factors; and
``(5) an opportunity for a post-award debriefing consistent
with the requirements of section 2305(b)(5) of this title.'';
and
(3) by striking subsection (e), as redesignated by
paragraph (1), and inserting the following new subsection
(e):
``(e) Protests.--(1) A protest is not authorized in
connection with the issuance or proposed issuance of a task
or delivery order except for--
``(A) a protest on the ground that the order increases the
scope, period, or maximum value of the contract under which
the order is issued; or
``(B) a protest of an order valued in excess of $5,000,000.
``(2) Notwithstanding section 3556 of title 31, the
Comptroller General of the United States shall have exclusive
jurisdiction of a protest authorized under paragraph
(1)(B).''.
(c) Effective Dates.--
(1) Single award contracts.--The amendments made by
subsection (a) shall take effect on the date that is 60 days
after the date of the enactment of this Act, and shall apply
with respect to any contract awarded on or after such date.
(2) Orders in excess of $5,000,000.--The amendments made by
subsection (b) shall take effect on the date that is 60 days
after the date of the enactment of this Act, and shall apply
with respect to any task or delivery order awarded on or
after such date.

[[Page S8825]]

SEC. 822. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL ITEMS.

(a) Treatment of Subsystems, Components, and Spare Parts as
Commercial Items.--
(1) In general.--Section 2379 of title 10, United States
Code, is amended--
(A) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A
subsystem of a major weapon system shall be treated as a
commercial item and purchased under procedures established
for the procurement of commercial items only if--
``(1) the subsystem is intended for a major weapon system
that is being purchased, or has been purchased, under
procedures established for the procurement of commercial
items in accordance with the requirements of subsection (a);
``(2) the Secretary of Defense determines that--
``(A) the subsystem is a commercial item, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(B) the treatment of the subsystem as a commercial item
is necessary to meet national security objectives; or
``(3) the contractor demonstrates that it has sold, leased,
or licensed the subsystem or an item that is the same as the
subsystem, but for modifications described in subparagraphs
(B) and (C) of section 4(12) of the Office of Federal
Procurement Policy Act, in significant quantities to the
general public.'';
(B) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(C) by inserting after subsection (b) the following new
subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--A component or spare part for a major weapon system
may be treated as a commercial item, and purchased under
procedures established for the procurement of commercial
items, only if--
``(1) the component or spare part is intended for--
``(A) a major weapon system that is being purchased, or has
been purchased, under procedures established for the
procurement of commercial items in accordance with the
requirements of subsection (a); or
``(B) a subsystem of a major weapon system that is being
purchased, or has been purchased, under procedures
established for the procurement of commercial items in
accordance with the requirements of subsection (b); or
``(2) the contractor demonstrates that it has sold, leased,
or licensed the component or spare part, or an item that is
the same as the component or spare part, but for
modifications described in subparagraphs (B) and (C) of
section 4(12) of the Office of Federal Procurement Policy
Act, in significant quantities to the general public.
``(d) Price Information.--In the case of any major weapon
system, subsystem, component, or spare part purchased under
procedures established for the procurement of commercial
items under the authority of this section, the contractor
shall provide data other than certified cost or pricing data,
including information on prices at which the same item or
similar items have previously been sold to the general
public, that is adequate for evaluating, through price
analysis, the reasonableness of the price of the contract,
subcontract, or modification of the contract or subcontract
pursuant to which such major weapon system, subsystem,
component or spare part, as the case may be, will be
purchased.''.
(2) Conforming amendment to technical data provision.--
Section 2321(f)(2) of such title is amended by striking
``(whether or not under a contract for commercial items)''
and inserting ``(other than technical data for a subsystem,
component, or spare part that is determined to be a
commercial item in accordance with the requirements of
section 2379 of this title)''.
(b) Sales of Commercial Items to Nongovernmental
Entities.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify
the regulations of the Department of Defense on the
procurement of commercial items in order to clarify that the
terms ``general public'' and ``nongovernmental entities'' in
such regulations do not include the following:
(1) The Federal Government or a State, local, or foreign
government.
(2) A contractor or subcontractor acting on behalf of the
Federal Government or a State, local, or foreign government.
(c) Harmonization of Thresholds for Cost or Pricing Data.--
Section 2306a(b)(3)(A) of title 10, United States Code, is
amended by striking ``$500,000'' and inserting ``the amount
specified in subsection (a)(1)(A)(i), as adjusted from time
to time under subsection (a)(7),''.

SEC. 823. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL SERVICES.

Notwithstanding section 8002(d) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 264 note), the Secretary
of Defense shall modify the regulations of the Department of
Defense on procurements for or on behalf of the Department of
Defense in order to prohibit the use of time and materials
contracts or labor-hour contracts to purchase as commercial
items any category of commercial services other than the
following:
(1) Commercial services procured for support of a
commercial item, as described in section 4(12)(E) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(12)(E)).
(2) Emergency repair services.

SEC. 824. MODIFICATION OF COMPETITION REQUIREMENTS FOR
PURCHASES FROM FEDERAL PRISON INDUSTRIES.

(a) Modification of Competition Requirements.--
(1) In general.--Section 2410n of title 10, United States
Code, is amended by striking subsections (a) and (b) and
inserting the following new subsections (a) and (b):
``(a) Products for Which Federal Prison Industries Does Not
Have Significant Market Share.--(1) Before purchasing a
product listed in the latest edition of the Federal Prison
Industries catalog under section 4124(d) of title 18 for
which Federal Prison Industries does not have a significant
market share, the Secretary of Defense shall conduct market
research to determine whether the product is comparable to
products available from the private sector that best meet the
needs of the Department in terms of price, quality, and time
of delivery.
``(2) If the Secretary determines that a Federal Prison
Industries product described in paragraph (1) is not
comparable in price, quality, or time of delivery to products
of the private sector that best meets the needs of the
Department in terms of price, quality, and time of delivery,
the Secretary shall use competitive procedures for the
procurement of the product, or shall make an individual
purchase under a multiple award contract in accordance with
the competition requirements applicable to such contract. In
conducting such a competition, the Secretary shall consider a
timely offer from Federal Prison Industries.
``(b) Products for Which Federal Prison Industries Has
Significant Market Share.--(1) The Secretary of Defense may
purchase a product listed in the latest edition of the
Federal Prison Industries catalog for which Federal Prison
Industries has a significant market share only if the
Secretary uses competitive procedures for the procurement of
the product or makes an individual purchase under a multiple
award contract in accordance with the competition
requirements applicable to such contract. In conducting such
a competition, the Secretary shall consider a timely offer
from Federal Prison Industries.
``(2) For purposes of this subsection, Federal Prison
Industries shall be treated as having a significant share of
the market for a product if the Secretary, in consultation
with the Administrator of Federal Procurement Policy,
determines that the Federal Prison Industries' share of the
Department of Defense market for the category of products
including such product is greater than 5 percent.''.
(2) Effective date.--The amendment made by subsection (a)
shall take effect 60 days after the date of the enactment of
this Act.
(b) List of Products for Which Federal Prison Industries
Has Significant Market Share.--
(1) Initial list.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
publish a list of product categories for which Federal Prison
Industries' share of the Department of Defense market is
greater than 5 percent, based on the most recent fiscal year
for which data is available.
(2) Modification.--The Secretary may modify the list
published under paragraph (1) at any time if the Secretary
determines that new data require adding a product category to
the list or omitting a product category from the list.
(3) Consultation.--The Secretary shall carry out this
subsection in consultation with the Administrator for Federal
Procurement Policy.

SEC. 825. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.

Section 845(i) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by
striking ``September 30, 2008'' and inserting ``September 30,
2013''.

SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY
FROM RENEWABLE ENERGY SOURCES.

(a) Multiyear Procurement Authorized.--Chapter 141 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 2410q. Multiyear procurement authority: purchase of
electricity from renewable energy sources

``(a) Multiyear Contracts Authorized.--Subject to
subsection (b), the Secretary of Defense may enter into
contracts for a period not to exceed 10 years for the
purchase of electricity from sources of renewable energy, as
that term is defined in section 203(b)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
``(b) Limitations on Contracts for Periods in Excess of
Five Years.--The Secretary may exercise the authority in
subsection (a) to enter a contract for a period in excess of
five years only if the Secretary determines, on the basis of
a business case prepared by the Department of Defense that--
``(1) the proposed purchase of electricity under such
contract is cost effective for the Department of Defense; and
``(2) it would not be possible to purchase electricity from
the source in an economical manner without the use of a
contract for a period in excess of five years.''.

[[Page S8826]]

(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding
at the end the following new item:

``2410q. Multiyear procurement authority: purchase of electricity from
renewable energy sources.''.

Subtitle C--Acquisition Policy and Management

SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.

(a) Advisors.--Section 181 of title 10, United States Code,
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Advisors.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Under
Secretary of Defense (Comptroller) shall serve as advisors to
the Council on matters within their authority and
expertise.''.
(b) Consultation.--Section 2433(e)(2) of such title is
amended by inserting ``, after consultation with the Joint
Requirements Oversight Council regarding program
requirements,'' after ``Secretary of Defense'' in the matter
preceding subparagraph (A).

SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF
CONTRACT SERVICES.

(a) Authority To Establish Contract Support Acquisition
Centers.--Subsection (b) of section 2330 of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(4) Each senior official responsible for the management
of acquisition of contract services is authorized to
establish a center (to be known as a `Contract Support
Acquisition Center') to act as executive agent for the
acquisition of contract services. Any center so established
shall be subject to the provisions of subsection (c).''.
(b) Direction, Staff, and Support.--Such section is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Direction, Staff, and Support of Contract Support
Acquisition Centers.--(1) The Contract Support Acquisition
Center established by a senior official responsible for the
management of acquisition of contract services under
subsection (b)(4) shall be subject to the direction,
supervision, and oversight of such senior official.
``(2) The Secretary of Defense or the Secretary of the
military department concerned may transfer to a Contract
Support Acquisition Center any personnel under the authority
of such Secretary whose principal duty is the acquisition of
contract services.
``(3)(A) Except as provided in subparagraph (E), the
Secretary of Defense may accept from the head of a department
or agency outside the Department of Defense a transfer to any
Contract Support Acquisition Center under subsection (b)(4)
of all or part of any organizational unit of such other
department or agency that is primarily engaged in the
acquisition of contract services if, during the most recent
year for which data is available before such transfer, more
than 50 percent of the contract services acquired by such
organizational unit (as determined on the basis of cost) were
acquired on behalf of the Department of Defense.
``(B) The head of a department or agency outside the
Department of Defense may transfer in accordance with this
paragraph an organizational unit that is authorized to be
accepted under subparagraph (A).
``(C) A transfer under this paragraph may be made and
accepted only pursuant to a memorandum of understanding
entered into by the head of the department or agency making
the transfer and the Secretary of Defense.
``(D) A transfer of an organizational unit under this
paragraph shall include the transfer of the personnel of such
organizational unit, the assets of such organizational unit,
and the contracts of such organizational unit, to the extent
provided in the memorandum of understanding governing the
transfer of the unit.
``(E) This paragraph does not authorize a transfer of the
multiple award schedule program of the General Services
Administration as described in section 2302(2)(C) of this
title.''.

SEC. 843. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT
OF CONTRACT SERVICES.

(a) Specification of Amounts Requested.--The budget
justification materials submitted to Congress in support of
the budget of the Department of Defense for any fiscal year
after fiscal year 2008 shall identify clearly and separately
the amounts requested in each budget account for the
procurement of contract services.
(b) Contract Services Defined.--In this section, the term
``contract services''--
(1) means services from contractors; but
(2) excludes services relating to research and development
and services relating to military construction.

SEC. 844. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.

(a) Purpose.--The purpose of this section is to ensure that
the Department of Defense acquisition workforce has the
capacity, in both personnel and skills, needed to properly
perform its mission, provide appropriate oversight of
contractor performance, and ensure that the Department
receives the best value for the expenditure of public
resources.
(b) Department of Defense Acquisition Workforce Development
Fund.--
(1) Establishment.--The Secretary of Defense shall
establish a fund to be known as the ``Department of Defense
Acquisition Workforce Fund'' (in this section referred to as
the ``Fund'') to provide funds for the recruitment, training,
and retention of acquisition personnel of the Department of
Defense for the purpose of this section.
(2) Management.--The Fund shall be managed by a senior
official of the Department of Defense designated by the
Secretary for that purpose.
(c) Elements.--
(1) In general.--The Fund shall consist of amounts as
follows:
(A) Amounts credited to the Fund under paragraph (2).
(B) Any other amounts appropriated to, credited to, or
deposited into the Fund by law.
(2) Credits to the fund.--(A) There shall be credited to
the Fund an amount equal to the applicable percentage for a
fiscal year of all amounts expended by the Department of
Defense in such fiscal year for contract services, other than
services relating to research and development and services
relating to military construction.
(B) Not later than 30 days after the end of the first
fiscal year quarter of fiscal year 2008, and 30 days after
the end of each fiscal year quarter thereafter, the head of
each military department and Defense Agency shall remit to
the Secretary of Defense an amount equal to the applicable
percentage for such fiscal year of the amount expended by
such military department or Defense Agency, as the case may
be, during such fiscal year quarter for services covered by
subparagraph (A). Any amount so remitted shall be credited to
the Fund under subparagraph (A).
(C) For purposes of this paragraph, the applicable
percentage for a fiscal year is a percentage as follows:
(i) For fiscal year 2008, 0.5 percent.
(ii) For fiscal year 2009, 1 percent.
(iii) For fiscal year 2010, 1.5 percent.
(iv) For any fiscal year after fiscal year 2010, 2 percent.
(d) Availability of Funds.--
(1) In general.--Subject to the provisions of this
subsection, amounts in the Fund shall be available to the
Secretary of Defense for expenditure, or for transfer to a
military department or Defense Agency, for the recruitment,
training, and retention of acquisition personnel of the
Department of Defense for the purpose of this section,
including for the provision of training and retention
incentives to the acquisition workforce of the Department as
of the date of the enactment of this Act.
(2) Limitation on payments to or for contractors.--Amounts
in the Fund shall not be available for payments to
contractors or contractor employees, other than for the
purpose of providing training to Department of Defense
employees.
(3) Prohibition on payment of base salary of current
employees.--Amounts in the Fund may not be used to pay the
base salary of any person who is an employee of the
Department as of the date of the enactment of this Act.
(4) Duration of availability.--Amounts credited to the Fund
under subsection (c)(2) shall remain available for
expenditure in the fiscal year for which credited and the two
succeeding fiscal years.
(e) Annual Report.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the operation of the Fund
during such fiscal year. Each report shall include, for the
fiscal year covered by such report, the following:
(1) A statement of the amounts remitted to the Secretary
for crediting to the Fund for such fiscal year by each
military department and Defense Agency, and a statement of
the amounts credited to the Fund for such fiscal year.
(2) A description of the expenditures made from the Fund
(including expenditures following a transfer of amounts in
the Fund to a military department or Defense Agency) in such
fiscal year, including the purpose of such expenditures.
(3) A description and assessment of improvements in the
Department of Defense acquisition workforce resulting from
such expenditures.
(4) A statement of the balance remaining in the Fund at the
end of such fiscal year.
(f) Defense Agency Defined.--In this section, the term
``Defense Agency'' has the meaning given that term in section
101(a) of title 10, United States Code.
(g) Expedited Hiring Authority.--
(1) In general.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Secretary of Defense
may--
(A) designate any category of acquisition positions within
the Department of Defense as shortage category positions; and
(B) utilize the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so
designated.
(2) Sunset.--The Secretary may not appoint a person to a
position of employment under this subsection after September
30, 2012.

SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES
BASED ON COST OR TIME OF PERFORMANCE.

(a) Preparation of Lists of Activities Under Contracts for
Services.--
(1) Preparation of lists.--Not later than the end of the
third quarter of each fiscal

[[Page S8827]]

year beginning with fiscal year 2008, the Secretary of each
military department and the head of each Defense Agency shall
submit to the Secretary of Defense a list of the activities
performed during the preceding fiscal year pursuant to
contracts for services for or on behalf of such military
department or Defense Agency, as the case may be, under which
the contractor is paid on the basis of the cost or time of
performance, rather than specific tasks performed or results
achieved.
(2) List elements.--The entry for an activity on a list
under paragraph (1) shall include, for the fiscal year
covered by such entry, the following:
(A) The fiscal year for which the activity first appeared
on a list under this section.
(B) The number of full-time contractor employees (or its
equivalent) paid for the performance of the activity.
(C) A determination whether the contract pursuant to which
the activity is performed is a personal services contract.
(D) The name of the Federal official responsible for the
management of the contract pursuant to which the activity is
performed.
(E) With respect to a list for a fiscal year after fiscal
year 2008, information on plans and written determinations
made pursuant to subsection (c)(2).
(b) Public Availability of Lists.--Not later than 30 days
after the date on which lists are required to be submitted to
the Secretary of Defense under subsection (a), the Secretary
shall--
(1) transmit to the congressional defense committees a copy
of the lists so submitted to the Secretary;
(2) make such lists available to the public; and
(3) publish in the Federal Register a notice that such
lists are available to the public.
(c) Review and Planning Requirements.--
(1) Review of lists.--Within a reasonable time after the
date on which a notice of the public availability of a list
is published under subsection (b)(3), the Secretary of the
military department or head of the Defense Agency concerned
shall--
(A) review the contracts and activities included on the
list;
(B) ensure that--
(i) each contract on the list that is a personal services
contract has been entered into, and is being performed, in
accordance with applicable statutory and regulatory
requirements;
(ii) the activities on the list do not include any
inherently governmental functions; and
(iii) to the maximum extent practicable, the activities on
the list do not include any functions closely associated with
inherently governmental functions; and
(C) for each activity on the list, either--
(i) develop a plan to convert the activity to performance
by Federal employees, convert the contract to a performance-
based contract, or terminate the activity; or
(ii) make a written determination that it is not
practicable for the military department or Defense Agency, as
the case may be, to take any of the actions otherwise
required under clause (i).
(2) Elements of determination.--A written determination
pursuant to subparagraph (B)(ii) shall be accompanied by--
(A) a statement of the basis for the determination; and
(B) a description of the resources that will be made
available to ensure adequate planning, management, and
oversight for each contract covered by the determination.
(d) Challenges to Lists.--
(1) In general.--An interested party may submit to the
Secretary of the military department or head of the Defense
Agency concerned a challenge to the omission of a particular
activity from, or the inclusion of a particular activity on,
a list made available to the public under subsection (b).
(2) Interested party defined.--In this subsection, the term
``interested party'', with respect to an activity referred to
in subsection (a), means--
(A) the contractor performing the activity;
(B) an officer or employee of an organization within the
military department or Defense Agency concerned that is
responsible for the performance of the activity; or
(C) the head of any labor organization referred to in
section 7103(a)(4) of title 5, United States Code, that
includes within its membership officers or employees or an
organization described in subparagraph (B).
(3) Deadline for challenge.--A challenge to a list shall be
submitted under paragraph (1) not later than 30 days after
the date of the publication of the notice of public
availability of the list under subsection (b)(3).
(4) Resolution of challenge.--Not later than 30 days of the
receipt by the Secretary of a military department or head of
a Defense Agency of a challenge to a list under this
subsection, an official designated by the Secretary of the
military department or the head of the Defense Agency, as the
case may be, shall--
(A) determine whether or not the challenge is valid; and
(B) submit to the interested party concerned a written
notification of the determination, together with a discussion
of the rationale for the determination.
(5) Action following determination of valid challenge.--If
the Secretary of a military department or head of a Defense
Agency determines under paragraph (4)(A) that a challenge
under this subsection to a list under this section is valid,
such official shall--
(A) notify the Secretary of Defense of the determination;
and
(B) adjust the next list submitted by such official under
subsection (a) after the date of the determination to reflect
the resolution of the challenge.
(e) Rules of Construction.--
(1) No authorization of performance of personal services.--
Nothing in this section shall be construed to authorize the
performance of personal services by a contractor except where
expressly authorized by a provision of statute other than
this section.
(2) No public-private competition for conversion of
performance of certain functions.--No public-private
competition may be required under this section, Office of
Management and Budget Circular A-76, or any other provision
of law or regulation before a function closely associated
with inherently governmental functions is converted to
performance by Federal employees.
(f) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) The term ``function closely associated with inherently
governmental functions'' has the meaning given that term in
section 2383(b)(3) of title 10, United States Code.
(3) The term ``inherently governmental functions'' has the
meaning given that term in section 2383(b)(2) of title 10,
United States Code.
(4) The term ``personal services contract'' means a
contract under which, as a result of its terms or conditions
or the manner of its administration during performance,
contractor personnel are subject to the relatively continuous
supervision and control of one or more Government officers or
employees, except that the giving of an order for a specific
article or service, with the right to reject the finished
product or result, is not the type of supervision or control
that makes a contract a personal services contract.

SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE
AGENCIES.

(a) Limitation on Procurements on Behalf of Department of
Defense.--Except as provided in subsection (b), no official
of the Department of Defense may place an order, make a
purchase, or otherwise procure property or services for the
Department of Defense in an amount in excess of $100,000
through a non-defense agency in any fiscal year if--
(1) the head of the non-defense agency has not certified
that the non-defense agency will comply with defense
procurement requirements during that fiscal year;
(2) in the case of a covered non-defense agency that has
been determined under this section to be not compliant with
defense procurement requirements, such determination has not
been terminated in accordance with subsection (c); or
(3) in the case of a covered non-defense agency for which a
memorandum of understanding is required by subsection (e)(4),
the Inspector General of the Department of Defense and the
Inspector General of the non-defense agency have not yet
entered into such a memorandum of understanding.
(b) Exception for Procurements of Necessary Property and
Services.--
(1) In general.--The limitation in subsection (a) shall not
apply to the procurement of property and services on behalf
of the Department of Defense by a non-defense agency during
any fiscal year for which there is in effect a written
determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics that it is necessary
in the interest of the Department of Defense to procure
property and services through the non-defense agency during
such fiscal year.
(2) Scope of particular exception.--A written determination
with respect to a non-defense agency under paragraph (1)
shall apply to any category of procurements through the non-
defense agency that is specified in the determination.
(c) Termination of Applicability of Certain Limitation.--In
the event the limitation under subsection (a)(2) applies to a
covered non-defense agency, the limitation shall cease to
apply to the non-defense agency on the date on which the
Inspector General of the Department of Defense and the
Inspector General of the non-defense agency jointly--
(1) determine that the non-defense agency is compliant with
defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(d) Compliance With Defense Procurement Requirements.--For
the purposes of this section, a non-defense agency is
compliant with defense procurement requirements if the
procurement policies, procedures, and internal controls of
the non-defense agency applicable to the procurement of
products and services on behalf of the Department of Defense,
and the manner in which they are administered, are adequate
to ensure the compliance of the non-defense agency with the
requirements of laws and regulations (including applicable
Department of Defense financial management regulations) that
apply to procurements of property and services made directly
by the Department of Defense.
(e) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense agency, the
Inspector General of the Department of Defense and the
Inspector General of such non-defense agency shall, not later
than the date specified in paragraph (2), jointly--

[[Page S8828]]

(A) review--
(i) the procurement policies, procedures, and internal
controls of such non-defense agency that are applicable to
the procurement of property and services on behalf of the
Department by such non-defense agency; and
(ii) the administration of such policies, procedures, and
internal controls; and
(B) determine in writing whether such non-defense agency is
or is not compliant with defense procurement requirements.
(2) Deadline for reviews and determinations.--The reviews
and determinations required by paragraph (1) shall take place
as follows:
(A) In the case of the General Services Administration, by
not later than March 15, 2010.
(B) In the case of each of the Department of the Treasury,
the Department of the Interior, and the National Aeronautics
and Space Administration, by not later than March 15, 2011.
(C) In the case of each of the Department of Veterans
Affairs and the National Institutes of Health, by not later
than March 15, 2012.
(3) Separate reviews and determinations.--The Inspector
General of the Department of Defense and the Inspector
General of a covered non-defense agency may by joint
agreement conduct separate reviews of the procurement of
property and services on behalf of the Department of Defense
that are conducted by separate business units, or under
separate governmentwide acquisition contracts, of the non-
defense agency. If such separate reviews are conducted, the
Inspectors General shall make a separate determination under
paragraph (1)(B) with respect to each such separate review.
(4) Memoranda of understanding for reviews and
determinations.--Not later than one year before a review and
determination is required under this subsection with respect
to a covered non-defense agency, the Inspector General of the
Department of Defense and the Inspector General of the
covered non-defense agency shall enter into a memorandum of
understanding with each other to carry out such review and
determination.
(f) Treatment of Procurements for Fiscal Year Purposes.--
For the purposes of this section, a procurement shall be
treated as being made during a particular fiscal year to the
extent that funds are obligated by the Department of Defense
for the procurement in that fiscal year.
(g) Resolution of Disagreements.--If the Inspector General
of the Department of Defense and the Inspector General of a
covered non-defense agency are unable to agree on a joint
determination under subsection (c) or (e), a determination by
the Inspector General of the Department of Defense under such
subsection shall be conclusive for the purposes of this
section.
(h) Definitions.--In this section:
(1) The term ``covered non-defense agency'' means each of
the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(2) The term ``governmentwide acquisition contract'', with
respect to a covered non-defense agency, means a task or
delivery order contract that--
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which property or
services are procured for one or more other departments or
agencies of the Federal Government.

Subtitle D--Department of Defense Contractor Matters

SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.

(a) Increased Protection From Reprisal.--Subsection (a) of
section 2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of Congress or an
authorized official of an agency or the Department of
Justice'' and inserting ``disclosing to a Member of Congress,
a representative of a committee of Congress, an Inspector
General, the Government Accountability Office, a Department
of Defense employee responsible for contract oversight or
management, or an authorized official of an agency or the
Department of Justice, including in the case of a disclosure
made in the ordinary course of an employee's duties,''; and
(2) by striking ``information relating to a substantial
violation of law related to a contract'' and inserting
``information that the employee reasonably believes is
evidence of gross mismanagement of a Department of Defense
contract, a gross waste of Department of Defense funds, a
substantial and specific danger to public health or safety,
or a violation of law related to a Department of Defense
contract''.
(b) Acceleration of Schedule for Denying Relief or
Providing Remedy.--Subsection (c) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting after ``(1)'' the following: ``Not later
than 90 days after receiving an Inspector General report
pursuant to subsection (b), the head of the agency concerned
shall determine whether the contractor concerned has
subjected the complainant to a reprisal prohibited under
subsection (a).''; and
(B) by adding at the end the following new subparagraphs:
``(D) In the event the disclosure relates to a cost-plus
contract, prohibit the contractor from receiving one or more
award fee payments to which the contractor would otherwise be
eligible until such time as the contractor takes the actions
ordered by the head of the agency pursuant to subparagraphs
(A) through (C).
``(E) Take the reprisal into consideration in any past
performance evaluation of the contractor for the purpose of a
contract award.'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) In the case of a disclosure that relates to a
contract covered under subsection (f), not later than 90 days
after receipt of a written determination under paragraph (1),
a complainant who is aggrieved by the determination or by an
action that the agency head has taken or failed to take
pursuant to such determination may bring an action at law or
equity for de novo review to seek compensatory damages and
other relief available under this section in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the amount
in controversy. Such an action shall, at the request of
either party to the action, be tried by the court with a
jury.
``(B) In the event that a determination by an agency head
pursuant to paragraph (1) has not been made within 15 months
after a complaint is submitted under subsection (b), and such
delay is not shown to be due to the bad faith of the
complainant, the complainant shall be deemed to have
exhausted the complainant's administrative remedies with
respect to the complaint and may bring an action at law or
equity described under subparagraph (A).''.
(c) Legal Burden of Proof.--Such section is further
amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Legal Burden of Proof.--The legal burdens of proof
specified in section 1221(e) of title 5 shall be controlling
for the purposes of any investigation conducted by an
inspector general, decision by the head of an agency, or
hearing to determine whether discrimination prohibited under
this section has occurred.''.
(d) Requirement To Notify Employees of Rights Related to
Protection From Reprisal.--Such section, as amended by
subsection (c), is further amended by inserting after
subsection (e) the following new subsection:
``(f) Notice of Rights Related to Protection From
Reprisal.--
``(1) In general.--Each Department of Defense contract in
excess of $5,000,000, other than a contract for the purchase
of commercial items, shall include a clause requiring the
contractor to ensure that all employees of the contractor who
are working on Department of Defense contracts are notified
of--
``(A) their rights under this section;
``(B) the fact that the restrictions imposed by any
employee contract, employee agreement, or non-disclosure
agreement may not supersede, conflict with, or otherwise
alter the employee rights provided for under this section;
and
``(C) the telephone number for the whistleblower hotline of
the Inspector General of the Department of Defense.
``(2) Form of notice.--The notice required by paragraph (1)
shall be made by posting the required information at a
prominent place in each workplace where employees working on
the contract regularly work.''.

SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO
CERTAIN FORMER DEPARTMENT OF DEFENSE OFFICIALS.

(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, as amended by section 826 of this Act, is further
amended by adding at the end the following new section:

``Sec. 2410r. Defense contractors: requirements concerning
former Department of Defense officials

``(a) In General.--Each contract for the procurement of
goods or services in excess of $10,000,000, other than a
contract for the procurement of commercial items, that is
entered into by the Department of Defense shall include a
provision under which the contractor agrees to submit to the
Secretary of Defense, not later than April 1 of each year
such contract is in effect, a written report setting forth
the information required by subsection (b).
``(b) Report Information.--Except as provided in subsection
(c), a report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the Department of
Defense or a former or retired member of the armed forces who
served--
``(i) in an Executive Schedule position under subchapter II
of chapter 53 of title 5;
``(ii) in a position in the Senior Executive Service under
subchapter VIII of chapter 53 of title 5;
``(iii) in a general or flag officer position compensated
at a rate of pay for grade 0-7 or above under section 201 of
title 37; or

[[Page S8829]]

``(iv) as a program manager, deputy program manager,
procuring contracting officer, administrative contracting
officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or
technical evaluation team for a contract with a value in
excess of $10,000,000; and
``(B) during the preceding calendar year was provided
compensation by the contractor, if such compensation was
first provided by the contractor not more than two years
after such officer, employee, or member left service in the
Department of Defense; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was employed
or served on active duty during the last two years of such
person's service with the Department of Defense;
``(B) state such person's job title and identify each major
defense system, if any, on which such person performed any
work with the Department of Defense during the last two years
of such person's service with the Department; and
``(C) state such person's current job title with the
contractor and identify each major defense system on which
such person has performed any work on behalf of the
contractor.
``(c) Duplicate Information Not Required.--An annual report
submitted by a contractor pursuant to subsection (b) need not
provide information with respect to any former officer or
employee of the Department of Defense or former or retired
member of the armed forces if such information has already
been provided in a previous annual report filed by such
contractor under this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title, as so amended, is
further amended by adding at the end the following new item:

``2410r. Defense contractors: requirements concerning former Department
of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to contracts entered into on or
after that date.

SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR
DEFENSE CONTRACTORS.

(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the internal ethics programs of major defense
contractors.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum--
(1) the extent to which major defense contractors have
internal ethics programs in place;
(2) the extent to which the ethics programs described in
paragraph (1) include--
(A) the availability of internal mechanisms, such as
hotlines, for contractor employees to report conduct that may
violate applicable requirements of law or regulation;
(B) notification to contractor employees of the
availability of external mechanisms, such as the hotline of
the Inspector General of the Department of Defense, for the
reporting of conduct that may violate applicable requirements
of law or regulation;
(C) notification to contractor employees of their right to
be free from reprisal for disclosing a substantial violation
of law related to a contract, in accordance with section 2409
of title 10, United States Code;
(D) ethics training programs for contractor officers and
employees;
(E) internal audit or review programs to identify and
address conduct that may violate applicable requirements of
law or regulation;
(F) self-reporting requirements, under which contractors
report conduct that may violate applicable requirements of
law or regulation to appropriate government officials;
(G) disciplinary action for contractor employees whose
conduct is determined to have violated applicable
requirements of law or regulation; and
(H) appropriate management oversight to ensure the
successful implementation of such ethics programs;
(3) the extent to which the Department of Defense monitors
or approves the ethics programs of major defense contractors;
and
(4) the advantages and disadvantages of legislation
requiring that defense contractors develop internal ethics
programs and requiring that specific elements be included in
such ethics programs.
(c) Access to Information.--In accordance with the contract
clause required pursuant to section 2313(c) of title 10,
United States Code, each major defense contractor shall
provide the Comptroller General access to information
requested by the Comptroller General that is within the scope
of the report required by this section.
(d) Major Defense Contractor Defined.--In this section, the
term ``major defense contractor'' means any company that
received more than $500,000,000 in contract awards from the
Department of Defense during fiscal year 2006.

SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH
CONTRACTORS OR SUBCONTRACTORS EMPLOYING MEMBERS
OF THE SELECTED RESERVE.

(a) Study Required.--The Secretary of Defense shall conduct
a study on contracting with the Department of Defense by
actual and potential contractors and subcontractors of the
Department who employ members of the Selected Reserve of the
reserve components of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall
address the following:
(1) The extent to which actual and potential contractors
and subcontractors of the Department, including small
businesses, employ members of the Selected Reserve.
(2) The extent to which actual and potential contractors
and subcontractors of the Department have been or are likely
to be disadvantaged in the performance of contracts with the
Department, or in competition for new contracts with the
Department, when employees who are such members are mobilized
as part of a United States military operation overseas.
(3) Any actions that, in the view of the Secretary, should
be taken to address any such disadvantage, including--
(A) the extension of additional time for the performance of
contracts to contractors and subcontractors of the Department
who employ members of the Selected Reserve who are mobilized
as part of a United States military operation overseas; and
(B) the provision of assistance in forming contracting
relationships with other entities to ameliorate the temporary
loss of qualified personnel.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study required by this section. The report
shall set forth the findings and recommendations of the
Secretary as a result of the study.
(d) Repeal of Superseded Authority.--Section 819 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is
repealed.

Subtitle E--Other Matters

SEC. 871. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS
IN AREAS OF COMBAT OPERATIONS.

(a) Regulations on Contractors Performing Private Security
Functions.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations on the selection, training, equipping,
and conduct of personnel performing private security
functions under a covered contract or covered subcontract in
an area of combat operations.
(2) Elements.--The regulations prescribed under subsection
(a) shall, at a minimum, establish--
(A) a process for registering, processing, and accounting
for personnel performing private security functions in an
area of combat operations;
(B) a process for authorizing and accounting for weapons to
be carried by, or available to be used by, personnel
performing private security functions in an area of combat
operations;
(C) a process for the reporting of all incidents in which--
(i) a weapon is discharged by personnel performing private
security functions in an area of combat operations; or
(ii) personnel performing private security functions in an
area of combat operations are killed or injured;
(D) a process for investigating--
(i) incidents reported pursuant to subparagraph (C); and
(ii) incidents of alleged misconduct by personnel
performing private security functions in an area of combat
operations;
(E) qualification, training, screening, and security
requirements for personnel performing private security
functions in an area of combat operations;
(F) guidance to the commanders of the combatant commands on
the issuance of--
(i) orders, directives, and instructions to contractors and
subcontractors performing private security functions relating
to force protection, security, health, safety, or relations
and interaction with locals; and
(ii) rules of engagement for personnel performing private
security functions in an area of combat operations; and
(G) a process by which a commander of a combatant command
may request an action described in subsection (b)(3).
(b) Contract Clause on Contractors Performing Private
Security Functions.--
(1) Requirement under far.--Not later than 180 days after
the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with section 25
of the Office of Federal Procurement Policy Act (41 U.S.C.
421) shall be revised to require the insertion into each
covered contract and covered subcontract of a contract clause
addressing the selection, training, equipping, and conduct of
personnel performing private security functions under such
contract or subcontract.
(2) Clause requirement.--The contract clause required by
paragraph (1) shall require, at a minimum, that the
contractor or subcontractor concerned shall--
(A) comply with Department of Defense procedures for--
(i) registering, processing, and accounting for personnel
performing private security functions in an area of combat
operations;
(ii) authorizing and accounting of weapons to be carried
by, or available to be used by, personnel performing private
security functions in an area of combat operations; and

[[Page S8830]]

(iii) the reporting of incidents in which--

(I) a weapon is discharged by personnel performing private
security functions in an area of combat operations; or
(II) personnel performing private security functions in an
area of combat operations are killed or injured;

(B) ensure that all personnel performing private security
functions under such contract or subcontract comply with--
(i) qualification, training, screening, and security
requirements established by the Secretary of Defense for
personnel performing private security functions in an area of
combat operations;
(ii) applicable laws and regulations of the United States
and the host country, and applicable treaties and
international agreements, regarding the performance of the
functions of the contractor or subcontractor;
(iii) orders, directives, and instructions issued by the
applicable commander of a combatant command relating to force
protection, security, health, safety, or relations and
interaction with locals; and
(iv) rules of engagement issued by the applicable commander
of a combatant command for personnel performing private
security functions in an area of combat operations; and
(C) cooperate with any investigation conducted by the
Department of Defense pursuant to subsection (a)(2)(D) by
providing access to employees of the contractor or
subcontractor, as the case may be, and relevant information
in the possession of the contractor or subcontractor, as the
case may be, regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The
contracting officer for a covered contract or subcontract may
direct the contractor or subcontractor, at its own expense,
to remove or replace any personnel performing private
security functions in an area of combat operations who
violate or fail to comply with applicable requirements of the
clause required by this subsection. If the violation or
failure to comply is significant or repeated, the contract or
subcontract may be terminated for default.
(4) Applicability.--The contract clause required by this
subsection shall be included in all covered contracts and
covered subcontracts awarded on or after the date that is 180
days after the date of the enactment of this Act. Federal
agencies shall make best efforts to provide for the inclusion
of the contract clause required by this subsection in covered
contracts and covered subcontracts awarded before such date.
(c) Areas of Combat Operations.--
(1) Designation.--The Secretary of Defense shall designate
the areas constituting an area of combat operations for
purposes of this section by not later than 120 days after the
date of the enactment of this Act.
(2) Particular areas.--Iraq and Afghanistan shall be
included in the areas designated as an area of combat
operations under paragraph (1).
(3) Additional areas.--The Secretary may designate any
additional area as an area constituting an area of combat
operations for purposes of this section if the Secretary
determines that the presence or potential of combat
operations in such area warrants designation of such area as
an area of combat operations for purposes of this section.
(4) Modification or elimination of designation.--The
Secretary may modify or cease the designation of an area
under this subsection as an area of combat operations if the
Secretary determines that combat operations are no longer
ongoing in such area.
(d) Definitions.--In this section:
(1) The term ``covered contract'' means a contract of a
Federal agency for the performance of services in an area of
combat operations, as designated by the Secretary of Defense
under subsection (c).
(2) The term ``covered subcontract'' means a subcontract
for the performance of private security functions at any tier
under a covered contract.
(3) The term ``private security functions'' means
activities engaged in by a contractor or subcontractor under
a covered contract or subcontract as follows:
(A) Guarding of personnel, facilities, or property of a
Federal agency, the contractor or subcontractor, or a third
party.
(B) Any other activity for which personnel are required to
carry weapons in the performance of their duties.

SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN IRAQ AND AFGHANISTAN.

(a) In General.--In the case of a product or service to be
acquired in support of military operations or stability
operations in Iraq or Afghanistan (including security,
transition, reconstruction, and humanitarian relief
activities) for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may
conduct a procurement in which--
(1) competition is limited to products or services that are
from Iraq or Afghanistan;
(2) procedures other than competitive procedures are used
to award a contract to a particular source or sources from
Iraq or Afghanistan; or
(3) a preference is provided for products or services that
are from Iraq or Afghanistan.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used only by
the military forces, police, or other security personnel of
Iraq or Afghanistan; or
(2) it is in the national security interest of the United
States to limit competition, use procedures other than
competitive procedures, or provide a preference as described
in subsection (a) because--
(A) such limitation, procedure, or preference is necessary
to provide a stable source of jobs in Iraq or Afghanistan;
and
(B) such limitation, procedure, or preference will not
adversely affect--
(i) military operations or stability operations in Iraq or
Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Iraq or
Afghanistan.--For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is mined,
produced, or manufactured in Iraq or Afghanistan.
(2) A service is from Iraq or Afghanistan if it is
performed in Iraq or Afghanistan by citizens or permanent
resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are from Iraq or
Afghanistan.

SEC. 873. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF
DEFENSE POLICIES AND PROCEDURES FOR THE
ACQUISITION OF INFORMATION TECHNOLOGY.

(a) Review Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a review of
Department of Defense policies and procedures for the
acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the
review required by subsection (a) shall include the
following:
(1) Department of Defense policies and procedures for
acquiring national security systems, business information
systems, and other information technology.
(2) The roles and responsibilities in implementing such
policies and procedures of--
(A) the Under Secretary of Defense for Acquisition,
Technology, and Logistics;
(B) the Chief Information Officer of the Department of
Defense;
(C) the Director of the Business Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the military
departments;
(F) Defense Agency acquisition officials; and
(G) the information officers of the Defense Agencies.
(3) The application of such policies and procedures to
information technologies that are an integral part of weapons
or weapon systems.
(4) The requirements of the Clinger-Cohen Act (division E
of Public Law 104-106) and the Paperwork Reduction Act of
1995 regarding performance-based and results-based
management, capital planning, and investment control in the
acquisition of information technology.
(5) Department of Defense policies and procedures for
maximizing the usage of commercial information technology
while ensuring the security of the microelectronics,
software, and networks of the Department.
(6) The suitability of Department of Defense acquisition
regulations, including Department of Defense Directive 5000.1
and the accompanying milestones, to the acquisition of
information technology systems.
(7) The adequacy and transparency of performance metrics
currently used by the Department of Defense for the
acquisition of information technology systems.
(8) The effectiveness of existing statutory and regulatory
reporting requirements for the acquisition of information
technology systems.
(c) Report Required.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the congressional defense committees a report on the results
of the review required by subsection (a). The report shall
include the findings and recommendations of the Defense
Science Board pursuant to the review, including such
recommendations for legislative or administrative action as
the Board considers appropriate, together with any comments
the Secretary considers appropriate.

SEC. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION AUTHORITY
FOR THE UNIFIED COMBATANT COMMAND FOR JOINT
WARFIGHTING EXPERIMENTATION.

(a) Sustainment of Equipment.--
(1) In general.--Subsection (a) of section 167a of title
10, United States Code, is amended by striking ``and
acquire'' and inserting ``, acquire, and sustain''.
(2) Conforming amendment.--Subsection (d) of such section
is amended in the matter preceding paragraph (1) by striking
``or acquisition'' and inserting ``, acquisition, or
sustainment''.
(b) Two-Year Extension.--Subsection (f) of such section is
amended--
(1) by striking ``through 2008'' and inserting ``through
2010''; and
(2) by striking ``September 30, 2008'' and inserting
``September 30, 2010''.

SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF
ESSENTIAL MILITARY ITEMS AND MILITARY SYSTEM
ESSENTIAL ITEM BREAKOUT LIST.

Section 813 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1543) is
repealed.

[[Page S8831]]

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL.

(a) Repeal.--Section 130a of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 130a.

SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPARTMENT OF
DEFENSE.

(a) Service of Deputy Secretary of Defense as Chief
Management Officer of Department of Defense.--Section 132 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) The Deputy Secretary--
``(A) serves as the Chief Management Officer of the
Department of Defense; and
``(B) is the principal adviser to the Secretary of Defense
on matters relating to the management of the Department of
Defense, including the development, approval, implementation,
integration, and oversight of policies, procedures,
processes, and systems for the management of the Department
of Defense that relate to the performance of the following
functions:
``(i) Planning and budgeting, including performance
measurement.
``(ii) Acquisition.
``(iii) Logistics.
``(iv) Facilities, installations, and environment.
``(v) Financial management.
``(vi) Human resources and personnel.
``(vii) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(2) In carrying out the duties of Chief Management
Officer of the Department of Defense, the Deputy Secretary
shall--
``(A) develop and maintain a departmentwide strategic plan
for business reform identifying key initiatives to be
undertaken by the Department of Defense and its components,
together with related resource needs;
``(B) establish performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
Defense;
``(C) monitor the progress of the Department of Defense and
its components in meeting performance goals and measures
established pursuant to subparagraph (B);
``(D) review and approve plans and budgets for business
reform, including any proposed changes to policies,
procedures, processes, and systems, to ensure the
compatibility of such plans and budgets with the strategic
plan for business reform established pursuant to subparagraph
(A);
``(E) oversee the development of, and review and approve,
all budget requests for defense business systems, including
the information to be submitted to Congress under section
2222(h) of this title; and
``(F) subject to the authority, direction, and control of
the Secretary of Defense, perform the responsibilities of the
Secretary under section 2222 of this title.
``(3) The Deputy Secretary exercises the authority of the
Secretary of Defense in the performance of the duties of
Chief Management Officer of the Department of Defense under
this subsection subject to the authority, direction, and
control of the Secretary. The exercise of that authority is
binding on the Secretaries of the military departments and
the heads of the other elements and components of the
Department of Defense.''.
(b) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of such title is amended by
inserting after section 133b the following new section:

``Sec. 133c. Under Secretary of Defense for Management
(Deputy Chief Management Officer)

``(a) There is an Under Secretary of Defense for Management
(Deputy Chief Management Officer), appointed from civilian
life by the President, by and with the advice and consent of
the Senate, from among persons who have--
``(1) extensive executive level leadership and management
experience in the public or private sector;
``(2) strong leadership skills;
``(3) a demonstrated ability to manage large and complex
organizations; and
``(4) a record of achieving positive operational results.
``(b) The Under Secretary of Defense for Management (Deputy
Chief Management Officer) shall assist the Deputy Secretary
of Defense in the performance of his duties as Chief
Management Officer. The Under Secretary of Defense for
Management (Deputy Chief Management Officer) shall act for,
and exercise the powers of, the Chief Management Officer when
the Deputy Secretary is absent or disabled or there is no
Deputy Secretary.
``(c)(1) With respect to all matters for which he has
responsibility by law or by direction of the Secretary of
Defense, the Under Secretary of Defense for Management
(Deputy Chief Management Officer) takes precedence in the
Department of Defense after the Secretary of Defense and the
Deputy Secretary of Defense.
``(2) With respect to all matters other than matters for
which he has responsibility by law or by direction of the
Secretary of Defense, the Under Secretary takes precedence in
the Department of Defense after the Secretaries of the
military departments and the Under Secretary of Defense for
Acquisition, Technology, and Logistics.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 133b the following new item:

``133c. Under Secretary of Defense for Management (Deputy Chief
Management Officer).''.

(3) Executive schedule level iii.--Section 5314 of title 5,
United States Code, is amended by inserting after the item
relating to the Under Secretary of Defense for Intelligence
the following new item:
``Under Secretary of Defense for Management (Deputy Chief
Management Officer).''.
(4) Placement in osd.--Section 131(b)(2) of title 10,
United States Code, is amended--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) The Under Secretary of Defense for Management (Deputy
Chief Management Officer).''.
(5) Conforming amendment.--Section 134(c) of such title is
amended by striking ``the Secretary of Defense'' and all that
follows and inserting ``the Under Secretary of Defense for
Management (Deputy Chief Management Officer).''.
(c) Chief Management Officers of the Military
Departments.--
(1) Department of the army.--Section 3015 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management
Officer of the Department of the Army.
``(2) The Under Secretary is the principal adviser to the
Secretary of the Army on matters relating to the management
of the Department of the Army, including the development,
approval, implementation, integration, and oversight of
policies, procedures, processes, and systems for the
management of the Department of the Army that relate to the
performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense, the Under Secretary shall be
responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Army for business reform,
together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Army;
``(C) monitoring the progress of the Department of the Army
and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Army for business reform, including any
proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and
budgets with the strategic plan for business reform
established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems
by the Department of the Army, including the information to
be submitted to Congress under section 2222(h) of this
title.''.
(2) Department of the navy.--Section 5015 of such title is
amended by adding at the end the following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management
Officer of the Department of the Navy.
``(2) The Under Secretary is the principal adviser to the
Secretary of the Navy on matters relating to the management
of the Department of the Navy, including the development,
approval, implementation, integration, and oversight of
policies, procedures, processes, and systems for the
management of the Department of the Navy that relate to the
performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department

[[Page S8832]]

of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Navy for business reform,
together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Navy;
``(C) monitoring the progress of the Department of the Navy
and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Navy for business reform, including any
proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and
budgets with the strategic plan for business reform
established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems
by the Department of the Navy, including the information to
be submitted to Congress under section 2222(h) of this
title.''.
(3) Department of the air force.--Section 8015 of such
title is amended by adding at the end the following new
subsection:
``(c)(1) The Under Secretary serves as the Chief Management
Officer of the Department of the Air Force.
``(2) The Under Secretary is the principal adviser to the
Secretary of the Air Force on matters relating to the
management of the Department of the Air Force, including the
development, approval, implementation, integration, and
oversight of policies, procedures, processes, and systems for
the management of the Department of the Air Force that relate
to the performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense, the Under Secretary shall be
responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Air Force for business
reform, together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Air Force;
``(C) monitoring the progress of the Department of the Air
Force and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Air Force for business reform, including
any proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and
budgets with the strategic plan for business reform
established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems
by the Department of the Air Force, including the information
to be submitted to Congress under section 2222(h) of this
title.''.
(d) Matters Relating to Financial Management Modernization
Executive Committee.--Section 185(a) of title 10, United
States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (E) as
subparagraphs (C) though (G), respectively; and
(B) by inserting before subparagraph (C), as redesignated
by subparagraph (A) of this paragraph, the following new
subparagraphs:
``(A) The Deputy Secretary of Defense, who shall be the
chairman of the committee.
``(B) The Under Secretary of Defense for Management (Deputy
Chief Management Officer), who shall act as the chairman of
the committee in the absence of the Deputy Secretary of
Defense.''; and
(C) in subparagraph (C), as so redesignated, by striking
``, who shall be the chairman of the committee''; and
(2) in paragraph (3), by inserting ``the Under Secretary of
Defense for Management (Deputy Chief Management Officer),''
after ``the Deputy Secretary of Defense,''.
(e) Matters Relating to Defense Business System Management
Committee.--Section 186 of such title is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Under Secretary of Defense for Management (Deputy
Chief Management Officer).''; and
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``The Under Secretary
of Defense for Management (Deputy Chief Management Officer)
shall serve as the vice chairman of the committee, and shall
act as the chairman of the committee in the absence of the
Deputy Secretary of Defense.''.
(f) Management of Defense Business Transformation Agency.--
Section 192(e)(2) of such title is amended by striking ``that
the Agency'' and all that follows and inserting ``that the
Director of the Agency shall report directly to the Under
Secretary of Defense for Management (Deputy Chief Management
Officer).''.

SEC. 903. MODIFICATION OF BACKGROUND REQUIREMENT OF
INDIVIDUALS APPOINTED AS UNDER SECRETARY OF
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.

Section 133(a) of title 10, United States Code, is amended
by striking ``in the private sector''.

SEC. 904. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.

(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 182 the following new
section:

``Sec. 183. Department of Defense Board of Actuaries

``(a) In General.--There shall be in the Department of
Defense a Department of Defense Board of Actuaries
(hereinafter in this section referred to as the `Board').
``(b) Members.--(1) The Board shall consist of three
members who shall be appointed by the Secretary of Defense
from among qualified professional actuaries who are members
of the Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15
years, except that a member of the Board appointed to fill a
vacancy occurring before the end of the term for which the
member's predecessor was appointed shall only serve until the
end of such term. A member may serve after the end of the
member's term until the member's successor takes office.
``(3) A member of the Board may be removed by the Secretary
of Defense only for misconduct or failure to perform
functions vested in the Board.
``(4) A member of the Board who is not an employee of the
United States is entitled to receive pay at the daily
equivalent of the annual rate of basic pay of the highest
rate of basic pay then currently being paid under the General
Schedule of subchapter III of chapter 53 of title 5 for each
day the member is engaged in the performance of the duties of
the Board and is entitled to travel expenses, including a per
diem allowance, in accordance with section 5703 of that title
in connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of Defense
Military Retirement Fund in accordance with section 1465(c)
of this title and submit to the President and Congress, not
less often than once every four years, a report on the status
of that Fund, including such recommendations for
modifications to the funding or amortization of that Fund as
the Board considers appropriate and necessary to maintain
that Fund on a sound actuarial basis.
``(2) To review valuations of the Department of Defense
Education Benefits Fund in accordance with section 2006(e) of
this title and make recommendations to the President and
Congress on such modifications to the funding or amortization
of that Fund as the Board considers appropriate to maintain
that Fund on a sound actuarial basis.
``(3) To review valuations of such other funds as the
Secretary of Defense shall specify for purposes of this
section and make recommendations to the President and
Congress on such modifications to the funding or amortization
of such funds as the Board considers appropriate to maintain
such funds on a sound actuarial basis.
``(d) Records.--The Secretary of Defense shall ensure that
the Board has access to such records regarding the funds
referred to in subsection (c) as the Board shall require to
determine the actuarial status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary
of Defense on an annual basis a report on the actuarial
status of each of the following:
``(A) The Department of Defense Military Retirement Fund.
``(B) The Department of Defense Education Benefits Fund.
``(C) Each other fund specified by Secretary under
subsection (c)(3).
``(2) The Board shall also furnish its advice and opinion
on matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 182 the following new
item:

``183. Department of Defense Board of Actuaries.''.

(3) Initial service as board members.--Each member of the
Department of Defense Retirement Board of Actuaries or the
Department of Defense Education Benefits Board of Actuaries
as of the date of the enactment of this Act shall serve as an
initial member of the Department of Defense Board of
Actuaries under section 183 of title 10, United States Code
(as added by paragraph (1)), from that date until the date
otherwise provided for the completion of such individual's
term as a member of the Department of

[[Page S8833]]

Defense Retirement Board of Actuaries or the Department of
Defense Education Benefits Board of Actuaries, as the case
may be, unless earlier removed by the Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of actuaries.--
(A) Section 1464 of title 10, United States Code, is
repealed.
(B) The table of sections at the beginning of chapter 74 of
such title is amended by striking the item relating to
section 1464.
(2) Department of defense education benefits board of
actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking ``subsection (g)''
and inserting ``subsection (f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively;
(D) in subsection (e), as redesignated by subparagraph (C),
by striking ``subsection (g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection (f)(3)''
and inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by striking ``subsection (f)(4)''
and inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States Code, is
amended by striking ``Retirement'' the first place it
appears.
(2) Section 1460(b) of such title is amended by striking
``Retirement''.
(3) Section 1466(c)(3) of such title is amended by striking
``Retirement''.
(4) Section 12521(6) of such title is amended by striking
``Department of Defense Education Benefits Board of Actuaries
referred to in section 2006(e)(1) of this title'' and
inserting ``Department of Defense Board of Actuaries under
section 183 of this title''.

SEC. 905. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS
FOR ACQUISITION MATTERS; PRINCIPAL MILITARY
DEPUTIES.

(a) Department of the Army.--Section 3016(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Acquisition, Technology,
and Logistics. The principal duty of the Assistant Secretary
shall be the overall supervision of acquisition, technology,
and logistics matters of the Department of the Army.
``(B) The Assistant Secretary shall have a Principal
Deputy, who shall be a lieutenant general of the Army on
active duty. The Principal Deputy shall be appointed from
among officers who have significant experience in the areas
of acquisition and program management.''.
(b) Department of the Navy.--Section 5016(b) of such title
is amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Research, Development,
and Acquisition. The principal duty of the Assistant
Secretary shall be the overall supervision of research,
development, and acquisition matters of the Department of the
Navy.
``(B) The Assistant Secretary shall have a Principal
Deputy, who shall be a vice admiral of the Navy or a
lieutenant general of the Marine Corps on active duty. The
Principal Deputy shall be appointed from among officers who
have significant experience in the areas of acquisition and
program management.''.
(c) Department of the Air Force.--Section 8016(b) of such
title is amended by adding at the end the following new
paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Acquisition. The
principal duty of the Assistant Secretary shall be the
overall supervision of acquisition matters of the Department
of the Air Force.
``(B) The Assistant Secretary shall have a Principal
Deputy, who shall be a lieutenant general of the Air Force on
active duty. The Principal Deputy shall be appointed from
among officers who have significant experience in the areas
of acquisition and program management.''.
(d) Duty of Principal Military Deputies To Inform Service
Chiefs on Major Defense Acquisition Programs.--Each Principal
Deputy to a service acquisition executive shall be
responsible for keeping the Chief of Staff of the Armed Force
concerned informed of the progress of major defense
acquisition programs.
(e) Exclusion of Principal Military Deputies From
Distribution and Strength in Grade Limitations.--
(1) Distribution.--Section 525(b) of such title is amended
by adding at the end the following new paragraph:
``(9)(A) An officer while serving in a position specified
in subparagraph (B) is in addition to the number that would
otherwise be permitted for that officer's armed force for the
grade of lieutenant general or vice admiral, as applicable.
``(B) A position specified in this subparagraph is each
position as follows:
``(i) Principal Deputy to the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology.
``(ii) Principal Deputy to the Assistant Secretary of the
Navy for Research, Development, and Acquisition.
``(iii) Principal Deputy to the Assistant Secretary of the
Air Force for Acquisition.''.
(2) Authorized strength.--Section 526 of such title is
amended by adding at the end the following new subsection:
``(g) Exclusion of Principal Deputies to Assistant
Secretaries of the Military Departments for Acquisition
Matters.--The limitations of this section do not apply to a
general or flag officer who is covered by the exclusion under
section 525(b)(9) of this title.''.

SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY DEPUTY CHIEFS
OF STAFF AND ASSISTANT CHIEFS OF STAFF.

Subsection (b) of section 3035 of title 10, United States
Code, is amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number
of Deputy Chiefs of Staff and Assistant Chiefs of Staff. The
aggregate number of such positions may not exceed eight
positions.''.

SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.

It is the sense of Congress that the term of office of the
Director of Operational Test and Evaluation of the Department
of Defense should be not less than five years.

Subtitle B--Space Matters

SEC. 921. SPACE POSTURE REVIEW.

(a) Requirement for Comprehensive Review.--In order to
clarify the national security space policy and strategy of
the United States for the near term, the Secretary of Defense
and the Director of National Intelligence shall jointly
conduct a comprehensive review of the space posture of the
United States over the posture review period.
(b) Elements of Review.--The review conducted under
subsection (a) shall include, for the posture review period,
the following:
(1) The definition, policy, requirements, and objectives
for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and offensive
counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and
reconnaissance from space.
(F) Any other matter the Secretary considers relevant to
understanding the space posture of the United States.
(2) A description of current and planned space acquisition
programs that are in acquisition categories 1 and 2,
including how each such program will address the policy,
requirements, and objectives described under each of
subparagraphs (A) through (F) of paragraph (1).
(3) A description of future space systems and technology
development (other than such systems and technology in
development as of the date of the enactment of this Act)
necessary to address the policy, requirements, and objectives
described under each of subparagraphs (A) through (F) of
paragraph (1).
(4) An assessment of the relationship among the following:
(A) United States military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(5) An assessment of the effect of the military and
national security space policy of the United States on the
proliferation of weapons capable of targeting objects in
space or objects on Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the
Secretary of Defense and the Director of National
Intelligence shall jointly submit to the congressional
committees specified in paragraph (3) a report on the review
conducted under subsection (a).
(2) Form of report.--The report under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
(3) Committees.--The congressional committees specified in
this paragraph are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(d) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the 10-year period
beginning on February 1, 2009.

SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR
DEFENSE SPACE PROGRAMS.

Section 911(b)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2621) is amended by inserting ``, and March 15,
2008,'' after ``March 15, 2003,''.

Subtitle C--Other Matters

SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF
CLIMATE CHANGE ON DEPARTMENT FACILITIES,
CAPABILITIES, AND MISSIONS.

Section 118 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Consideration of Effect of Climate Change on
Department Facilities, Capabilities, and Missions.--(1) The
first national security strategy and national defense
strategy prepared after the date of the enactment of this
subsection shall include guidance for military planners--
``(A) to assess the risks of projected climate change to
current and future missions of the armed forces;

[[Page S8834]]

``(B) to update defense plans based on these assessments,
including working with allies and partners to incorporate
climate mitigation strategies, capacity building, and
relevant research and development; and
``(C) to develop the capabilities needed to reduce future
impacts.
``(2) The first quadrennial defense review prepared after
the date of the enactment of this subsection shall also
examine the capabilities of the armed forces to respond to
the consequences of climate change, in particular,
preparedness for natural disasters from extreme weather
events and other missions the armed forces may be asked to
support inside the United States and overseas.
``(3) For planning purposes to comply with the requirements
of this subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth assessment
report of the Intergovernmental Panel on Climate Change;
``(B) subsequent mid-range consensus climate projections if
more recent information is available when the next national
security strategy, national defense strategy, or quadrennial
defense review, as the case may be, is conducted; and
``(C) findings of appropriate and available estimations or
studies of the anticipated strategic, social, political, and
economic effects of global climate change and the
implications of such effects on the national security of the
United States.
``(4) The Secretary shall ensure that this subsection is
implemented in a manner that does not have a negative impact
on national security.
``(5) In this subsection, the term `national security
strategy' means the annual national security strategy report
of the President under section 108 of the National Security
Act of 1947 (50 U.S.C. 404a).''.

SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.

(a) Appointments.--
(1) In general.--Section 2113 of title 10, United States
Code, is amended--
(A) in subsection (a)(1), by striking ``by the President,
by and with the advice and consent of the Senate'' and
inserting ``by the Secretary of Defense''; and
(B) in subsection (b)--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2).
(2) Chairman.--Subsection (c) of such section is amended by
striking ``the President'' and inserting ``the Secretary''.
(b) Statutory Redesignation of Dean as President.--
(1) Section 2113 of such title is further amended by
striking ``Dean'' each place it appears in subsections (d)
and (f)(1) and inserting ``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).
(c) Compensation of Members for Performance of Duties.--
Subsection (e) of section 2113 of such title is further
amended by striking ``but not exceeding $100 per diem''.

SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.

(a) Establishment.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2117. United States Military Cancer Institute

``(a) Establishment.--The Secretary of Defense shall
establish in the University the United States Military Cancer
Institute. The Institute shall be established pursuant to
regulations prescribed by the Secretary.
``(b) Purposes.--The purposes of the Institute are as
follows:
``(1) To establish and maintain a clearinghouse of data on
the incidence and prevalence of cancer among members and
former members of the armed forces.
``(2) To conduct research that contributes to the detection
or treatment of cancer among the members and former members
of the armed forces.
``(c) Head of Institute.--The Director of the United States
Military Cancer Institute is the head of the Institute. The
Director shall report to the President of the University
regarding matters relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical
and basic scientists in the Department of Defense who have an
expertise in research, patient care, and education relating
to oncology and who meet applicable criteria for affiliation
with the Institute.
``(2) The components of the Institute include military
treatment and research facilities that meet applicable
criteria and are designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States
Military Cancer Institute shall carry out research studies on
the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins within
the members of the armed forces.
``(B) The prevention and early detection of cancer among
members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs
(A) and (B).
``(2) The research studies under paragraph (1) shall
include complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United
States Military Cancer Institute shall carry out the research
studies under subsection (e) in collaboration with other
cancer research organizations and entities selected by the
Institute for purposes of the research studies.
``(g) Annual Report.--(1) Not later than November 1 each
year, the Director of the United States Military Cancer
Institute shall submit to the President of the University a
report on the current status of the research studies being
carried out by the Institute under subsection (e).
``(2) Not later than 60 days after receiving a report under
paragraph (1), the President of the University shall transmit
such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by adding
at the end the following new item:

``2117. United States Military Cancer Institute.''.

SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCELLENCE IN HUMAN
RIGHTS.

(a) Center Authorized.--The Secretary of Defense may
establish and operate a center to be known as the Western
Hemisphere Center for Excellence in Human Rights.
(b) Missions.--The missions of the Center shall be as
follows:
(1) To provide and facilitate education, training,
research, strategic planning, and reform on the integration
of respect for human rights into all aspects of military
operations, doctrine, education, judicial systems, and other
internal control mechanisms, and into the relations of the
military with civil society, including the development of
programs to combat the growing phenomenon of trafficking in
persons.
(2) To sponsor conferences, symposia, seminars, academic
exchanges, and courses, as well as special projects such as
studies, reviews, design of curricula, and evaluations, on
the matters covered by paragraph (1).
(3) In carrying out its other mission, to place special
emphasis on the implementation of reforms that result in
measurable improvements in respect for human rights in the
provision of effective security.
(c) Formulation and Execution of Programs.--
(1) Concurrence of secretary of state.--The Secretary of
Defense may carry out this section only with the concurrence
of the Secretary of State.
(2) Formulation and execution of programs.--The Secretary
of Defense and the Secretary of State shall--
(A) jointly formulate any program or other activities
undertaken under this section; and
(B) shall coordinate with one another, under procedures
that they jointly establish, to ensure appropriate
implementation of such programs and activities, including in
a manner that--
(i) incorporates appropriate vetting procedures,
irrespective of the source of funding for the activity; and
(ii) avoids duplication with existing programs.
(d) Joint Operation With Educational Institutions and
Nongovernmental Organizations Authorized.--The Secretary of
Defense may enter into agreements with appropriate officials
of institutions of higher education and nongovernmental
organizations to provide for the joint operation of the
Center by the Secretary and such entities. Any such agreement
may provide for the institution or organization concerned to
furnish necessary administrative services for the Center,
including administration and allocation of funds.
(e) Acceptance of Gifts and Donations.--
(1) Acceptance authorized.--Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the
Center, gifts and donations to be used to defray the costs of
the Center or to enhance the operation of the Center. Any
such gift or donation may be accepted from any State or local
government, any foreign government, any foundation or other
charitable organization (including any that is organized or
operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
(2) Limitation.--The Secretary may not accept a gift or
donation under paragraph (1) if acceptance of the gift or
donation would compromise or appear to compromise--
(A) the ability of the Department of Defense, any employee
of the Department, or members of the Armed Forces to carry
out any responsibility or duty of the Department in a fair
and objective manner; or
(B) the integrity of any program of the Department or of
any person involved in such a program.
(3) Crediting.--Amounts accepted as a gift or donation
under paragraph (1) shall be credited to the appropriation
available to the Department of Defense for the Western
Hemisphere Center for Excellence in Human Rights. Amounts so
credited shall be merged with the appropriation to which
credited, and shall be available to the Center for the same
purposes, and subject to the same conditions and limitations,
as amounts in the appropriation with which merged.
(4) Annual report.--Not later than January 31 each year,
the Secretary shall submit to the congressional defense
committees a report on the gifts or donations accepted under
paragraph (1) during the preceding

[[Page S8835]]

year. Each report shall include, for the year covered by such
report, a description of each gift of donation so accepted,
including--
(A) the source of the gift or donation;
(B) the amount of the gift or donation; and
(C) the use of the gift or donation.

SEC. 935. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE
COMBATANT COMMANDS IN BOARD OF VISITORS OF
WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.

Subparagraph (F) of section 2166(e)(1) of title 10, United
States Code, is amended to read as follows:
``(F) The commanders of the combatant commands having
geographic responsibility for the Western Hemisphere, or the
designees of those officers.''.

SEC. 936. COMPTROLLER GENERAL ASSESSMENT OF PROPOSED
REORGANIZATION OF THE OFFICE OF THE UNDER
SECRETARY OF DEFENSE FOR POLICY.

(a) Assessment Required.--Not later than March 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an
assessment of the proposed reorganization of the office of
the Under Secretary of Defense for Policy, including an
assessment with respect to the matters set forth in
subsection (b).
(b) Matters To Be Assessed.--The matters to be included in
the assessment required by subsection are as follows:
(1) Whether the proposed reorganization of the office will
further the stated purposes of the proposed reorganization in
the short-and long-term, namely whether the proposed
reorganization will enhance the ability of the Department of
Defense--
(A) to address current security priorities, including the
war in Iraq and the global war on terrorism in Afghanistan
and elsewhere;
(B) to manage geopolitical defense relationships; and
(C) to anticipate future strategic shifts.
(2) Whether, and to what extent, the proposed
reorganization adheres to generally accepted principles of
effective organization such as establishing clear goals,
identifying clear lines of authority and accountability, and
developing an effective human capital strategy.
(3) The extent to which the Department has developed
detailed implementation plans for the proposed
reorganization, and the current status of the implementation
of all aspects of the reorganization.
(4) The extent to which the Department has worked to
mitigate congressional concerns and address other challenges
that have arisen since the proposed reorganization was
announced.
(5) Whether the Department plans to evaluate progress in
achieving the stated goals of the proposed reorganization and
what metrics, if any, the Department has established to
assess the results of the reorganization.
(6) The impact of the large span of responsibilities for
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict under the proposed reorganization on
the ability of the Assistant Secretary to carry out the
principal duties of the Assistant Secretary under law.
(7) The impact of the large span of responsibility for the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict under the proposed reorganization,
including responsibility under the proposed reorganization
for each of the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The relationship between any global war on terrorism
task force that reports directly to the Under Secretary of
Defense for Policy, the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, and the
Principal Deputy Under Secretary of Defense for Policy in
managing policy on combating terrorism.
(9) The impact of the large span of responsibilities for
the proposed Deputy Assistant Secretary of Defense for
Counternarcotics, Counterproliferation, and Global Threats
under the proposed reorganization.
(10) The impact of the proposed reorganization on
counternarcotics program execution.
(11) The unique placement under the proposed reorganization
of both functional and regional issue responsibilities under
the single proposed Assistant Secretary of Defense for
Homeland Defense and Americas' Security Affairs.
(12) The differentiation between the responsibilities of
the proposed Deputy Assistant Secretary of Defense for
Building Partnership Capacity Strategy and the proposed
Deputy Assistant Secretary of Defense for Security
Cooperation Options under the proposed reorganization, and
the relationship between such officials.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2008 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2007.

Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2007 in the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364) are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations
pursuant to such authorization are increased by a
supplemental appropriation or by a transfer of funds, or
decreased by a rescission, or any thereof, pursuant to the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28).

SEC. 1003. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER
AUTHORITY.

Section 1001(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2371) is amended by adding at the end the following
new paragraph:
``(3) Exception for certain transfers.--The following
transfers of funds shall be not be counted toward the
limitation in paragraph (2) on the amount that may be
transferred under this section:
``(A) The transfer of funds to the Iraq Security Forces
Fund under reprogramming FY07-07-R PA.
``(B) The transfer of funds to the Joint Improvised
Explosive Device Defeat Fund under reprogramming FY07-11 PA.
``(C) The transfer of funds back from the accounts referred
to in subparagraphs (A) and (B) to restore the sources used
in the reprogrammings referred to in such subparagraphs.''.

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2008.

(a) Fiscal Year 2008 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2008
for the common-funded budgets of NATO may be any amount up
to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2007, of funds appropriated for fiscal years
before fiscal year 2008 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available
for contributions for the common-funded budgets of NATO as
follows:
(1) Of the amount provided in section 201(1), $1,031,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $362,159,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.

[[Page S8836]]

SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR
THE DEFENSE AGENCIES.

(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business
Transformation Agency of the Department of Defense shall
carry out an initiative for financial management
transformation in the Defense Agencies. The initiative shall
be known as the ``Defense Agencies Initiative'' (in this
section referred to as the ``Initiative'').
(2) Scope of authority.--In carrying out the Initiative,
the Director of the Business Transformation Agency may
require the heads of the Defense Agencies to carry out
actions that are within the purpose and scope of the
Initiative.
(b) Purposes.--The purposes of Initiative shall be as
follows:
(1) To eliminate or replace financial management systems of
the Defense Agencies that are duplicative, redundant, or fail
to comply with the standards set forth in subsection (d).
(2) To transform the budget, finance, and accounting
operations of the Defense Agencies to enable the Defense
Agencies to achieve accurate and reliable financial
information needed to support financial accountability and
effective and efficient management decisions.
(c) Required Elements.--The Initiative shall include, to
the maximum extent practicable--
(1) the utilization of commercial, off-the-shelf
technologies and web-based solutions;
(2) a standardized technical environment and an open and
accessible architecture; and
(3) the implementation of common business processes, shared
services, and common data structures.
(d) Standards.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall ensure
that the Initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed pursuant to
section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of
1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(e) Scope.--The Initiative shall be designed to provide, at
a minimum, capabilities in the major process areas for both
general fund and working capital fund operations of the
Defense Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and trial
balance.
(3) Procure to pay, including commitments, obligations, and
accounts payable.
(4) Order to fulfill, including billing and accounts
receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Program Control.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall
establish--
(1) a board (to be known as the ``Configuration Control
Board'') to manage scope and cost changes to the Initiative;
and
(2) a program management office (to be known as the
``Program Management Office'') to control and enforce
assumptions made in the acquisition plan, the cost estimate,
and the system integration contract for the Initiative, as
directed by the Configuration Control Board.
(g) Plan on Development and Implementation of Initiative.--
Not later than six months after the date of the enactment of
this Act, the Director of the Business Transformation Agency
shall submit to the congressional defense committees a plan
for the development and implementation of the Initiative. The
plan shall provide for the implementation of an initial
capability under the Initiative as follows:
(1) In at least one Defense Agency by not later than eight
months after the date of the enactment of this Act.
(2) In not less than six Defense Agencies by not later than
18 months after the date of the enactment of this Act.

SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.

Section 1405 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105
note) is repealed.

SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF FUNDS TO
FOREIGN CURRENCY FLUCTUATIONS, DEFENSE ACCOUNT.

Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''; and
(2) in subsection (d)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''.

Subtitle B--Counter-Drug Activities

SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES TO
CERTAIN ADDITIONAL FOREIGN GOVERNMENTS.

Section 1033(b) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as
amended by section 1021(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1593) and section 1022(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2382), is further amended by
adding at the end the following new paragraphs:
``(17) The Government of the Dominican Republic.
``(18) The Government of Mexico.''.

Subtitle C--Miscellaneous Authorities and Limitations

SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.

(a) Increase in Amount of Reward.--Subsection (b) of
section 127b of title 10, United States Code, is amended by
inserting ``, or $5,000,000 during fiscal year 2008'' after
``$200,000''.
(b) Delegation of Authority to Commanders of Combatant
Commands.--Subsection (c)(1)(B) of such title is amended by
inserting ``, or $1,000,000 during fiscal year 2008'' after
``$50,000''.
(c) Consultation With Secretary of State in Award.--
Subsection (d)(2) of such section is amended by inserting ``,
or $2,000,000 during fiscal year 2008'' after ``$100,000''.

SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RELATING TO
THE USE OF THE ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.

(a) Repeal.--
(1) In general.--Section 333 of title 10, United States
Code, as amended by section 1076 of the John Warner National
Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2404), is amended to read as such section read on October 16,
2006, which is the day before the date of the enactment of
the John Warner National Defense Authorization Act for Fiscal
Year 2007.
(2) Conforming clerical amendments.--(A) The heading of
such section 333, as so amended, is amended to read as such
heading read on October 16, 2006.
(B) The item relating to such section 333 in the table of
sections at the beginning of chapter 15 of such title, as so
amended, is amended to read as such item read on October 16,
2006.
(C) The heading of chapter 15 of such title, as so amended,
is amended to read as such heading read on October 16, 2006.
(D) The item relating to chapter 15 of such title in the
tables of chapters at the beginning of subtitle A of such
title, and at the beginning of part I of such subtitle, as so
amended, is amended to read as such item read on October 16,
2006.
(b) Other Conforming Amendments.--
(1) Conforming repeal.--(A) Section 2567 of title 10,
United States Code, is repealed.
(B) The table of sections at the beginning of chapter 152
of such title is amended by striking the item relating to
section 2567.
(2) Additional amendment.--Section 12304(c)(1) of such
title, as amended by section 1076 of the John Warner National
Defense Authorization Act for Fiscal Year 2007, is amended to
read as such section read on October 16, 2006.

SEC. 1023. PROCEDURES FOR COMBATANT STATUS REVIEW TRIBUNALS;
MODIFICATION OF MILITARY COMMISSION
AUTHORITIES.

(a) Determination of Status of Certain Combatants.--
Subsection (b) of section 1005 of the Detainee Treatment Act
of 2005 (title X of Public Law 109-148; 10 U.S.C. 801 note)
is amended to read as follows:
``(b) Determination of Status of Certain Combatants.--
``(1) In general.--The Secretary of Defense shall determine
the status of each detainee described in paragraph (2)
through a Combatant Status Review Tribunal (in this
subsection referred to as a `Tribunal') conducted in
accordance with the requirements of this subsection.
``(2) Covered detainees.--
``(A) In general.--A detainee described in this paragraph
is a detainee who--
``(i) is held by the Department of Defense as an unlawful
enemy combatant on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008; and
``(ii) has been detained by the United States for a period
of more than two years.
``(B) Unlawful enemy combatant defined.--In this
subsection, the term `unlawful enemy combatant' has the
meaning given such term in section 948a(1) of title 10,
United States Code.
``(3) Standard of proof.--A Tribunal shall determine
whether or not a detainee is an unlawful enemy combatant by a
preponderance of the evidence. Weight shall be accorded to
evidence based on the credibility, reliability, and probative
value of the evidence.
``(4) Procedures.--Not later than 120 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2008, the Secretary shall prescribe
procedures for Tribunals under this subsection. Such
procedures shall ensure, at a minimum, that--
``(A) the President of a Tribunal is a military judge--
``(i) who shall meet the qualification requirements of
section 948j(b) of title 10, United States Code, and
``(ii) who shall rule on all questions of law and exclude
evidence that would not have probative value to a reasonable
person;

[[Page S8837]]

``(B) each detainee is represented in the same manner as
provided for the accused before a military commission under
section 949c of title 10, United States Code;
``(C) each detainee is afforded a reasonable opportunity to
obtain witnesses and other evidence, including a process to
compel witnesses to appear and testify and to compel the
production of other evidence, that is similar to that
provided for defense counsel in a military commission under
section 949j of title 10, United States Code;
``(D) each detainee is permitted to present evidence in his
defense, to cross-examine the witnesses who testify against
him, and to examine and respond to evidence admitted against
him, while providing for the handling of classified
information in a manner so that--
``(i) counsel for the detainee is provided access to the
relevant classified evidence, including both evidence
admitted against the detainee and any potentially exculpatory
evidence, consistent with the procedures for the protection
of classified information in section 949d(f) of title 10,
United States Code; and
``(ii) the detainee is provided access--

``(I) to all unclassified evidence; and
``(II) to a summary of the classified evidence admitted
against the detainee that is sufficiently specific to provide
the detainee a fair opportunity to respond, with the
assistance of counsel, to such evidence;

``(E) in making a determination of status of any such
detainee, a Tribunal may not consider a statement that was
obtained through methods that amount to torture; and
``(F) in making a determination of status of a detainee, a
Tribunal may not consider a statement in which the degree of
coercion is disputed unless--
``(i) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(ii) the interests of justice would best be served by
admission of the statement into evidence; and
``(iii) the Tribunal determines that--

``(I) the alleged coercion was incident to the lawful
conduct of military operations at the point of apprehension;
``(II) the statement was voluntary; or
``(III) the interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of this Act.

``(5) Scheduling.--The Secretary shall ensure that a
Tribunal is scheduled for a detainee described in paragraph
(2) not later than 180 days after the date on which a
Tribunal becomes required for such detainee under paragraph
(1), except that--
``(A) the Secretary shall schedule a Tribunal for a
detainee who is eligible for such a Tribunal on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2008 not later than one year after the date on
which procedures are required to be prescribed by paragraph
(4); and
``(B) the Secretary shall not be required to schedule a
Tribunal for--
``(i) a detainee upon whom charges have been served in
accordance with section 948s of title 10, United States Code,
until after final judgment has been reached on such charges;
or
``(ii) a detainee who has been convicted by a military
commission under chapter 47A of such title of an offense
under subchapter VII of that chapter.''.
(b) Modifications of Military Commission Authorities.--
(1) Enemy combatant status.--Paragraph (1) of section 948a
of title 10, United States Code, is amended to read as
follows:
``(1) Unlawful enemy combatant.--The term `unlawful enemy
combatant' means a person who is not a lawful enemy combatant
who--
``(A) has engaged in hostilities against the United States;
``(B) has purposefully and materially supported hostilities
against the United States (other than hostilities engaged in
by lawful enemy combatants); or
``(C) has been a knowing and active participant in an
organization that engaged in hostilities against the United
States.''.
(2) Repeal of dispositive nature of previous csrt
determinations.--Section 948d of such title is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(3) Statements obtained through cruel, inhuman, or
degrading treatment.--Section 948r of such title is amended--
(A) by striking subsections (c) and (d); and
(B) by adding after subsection (b) the following new
subsection (c):
``(c) Statements Obtained Through Cruel, Inhuman, or
Degrading Treatment.--A statement in which the degree of
coercion is disputed may be admitted if the military judge
finds that--
``(1) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(2) the interests of justice would best be served by
admission of the statement into evidence; and
``(3) one of the following circumstances is met:
``(A) The alleged coercion was incident to the lawful
conduct of military operations at the point of apprehension.
``(B) The statement was voluntary.
``(C) The interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd).''.
(4) Admittance of hearsay evidence.--Subparagraph (E) of
section 949a(b)(2) of such title is amended to read as
follows:
``(E) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-
martial may be admitted in a trial by military commission
if--
``(i) the proponent of the evidence makes known to the
adverse party, sufficiently in advance of trial or hearing to
provide the adverse party with a fair opportunity to meet the
evidence, the proponent's intention to offer the evidence,
and the particulars of the evidence (including information on
the circumstances under which the evidence was obtained); and
``(ii) the military judge finds that the totality of the
circumstances render the evidence more probative on the point
for which it is offered than other evidence which the
proponent can procure through reasonable efforts, taking into
consideration the unique circumstances of the conduct of
military and intelligence operations during hostilities.''.
(5) Technical and conforming amendments.--
(A) Technical amendment.--The heading of section 950j of
such title is amended by striking ``Finality or'' and
inserting ``Finality of''.
(B) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47A of such title is
amended to read as follows:

``950j. Finality of proceedings, findings, and sentences.''.

SEC. 1024. GIFT ACCEPTANCE AUTHORITY.

(a) Permanent Authority To Accept Gifts on Behalf of the
Wounded.--Section 2601(b) of title 10, United States Code, is
amended by striking paragraph (4).
(b) Limitation on Solicitation of Gifts.--The Secretary of
Defense shall prescribe regulations implementing sections
2601 and 2608 of title 10, United States Code, that prohibit
the solicitation of any gift under such sections by any
employee of the Department of Defense if the nature or
circumstances of such solicitation would compromise the
integrity or the appearance of integrity of any program of
the Department of Defense or of any individual involved in
such program.

SEC. 1025. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR
MANAGEMENT OF CULTURAL RESOURCES.

(a) In General.--Subsection (a) of section 2684 of title
10, United States Code, is amended to read as follows:
``(a) Authority.--(1) The Secretary of Defense or the
Secretary of a military department may enter into a
cooperative agreement with a State or local government,
tribal government, or other entity for any purpose as
follows:
``(A) For the preservation, management, maintenance, and
improvement of cultural resources.
``(B) For the conduct of research regarding cultural
resources.
``(2) To be covered under a cooperative agreement under
this subsection, cultural resources shall be located--
``(A) on a military installation; or
``(B) off a military installation, but only if the
cooperative agreement directly relieves or eliminates current
or anticipated restrictions that would or might restrict,
impede, or otherwise interfere (whether directly or
indirectly) with current or anticipated military training,
testing, or operations on the installation.
``(3) Activities under a cooperative agreement under this
subsection shall be subject to the availability of funds to
carry out the cooperative agreement.''.
(b) Inclusion of Indian Sacred Sites in Cultural
Resources.--Subsection (c) of such section is amended by
adding at the end the following new paragraph:
``(5) An Indian sacred site, as the that term is defined in
section 1(b)(iii) of Executive Order 13007.''.

SEC. 1026. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM
CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR
FLEET.

(a) In General.--Chapter 931 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 9515. Airlift services: minimum annual purchase amount
for carriers participating in Civil Reserve Air Fleet

``(a) In General.--The Secretary of Defense may award to
air carriers participating in the Civil Reserve Air Fleet on
a fiscal year basis a one-year contract for airlift services
with a minimum purchase amount determined in accordance with
this section.
``(b) Minimum Purchase Amount.--(1) The aggregate amount of
the minimum purchase amount for all contracts awarded under
subsection (a) for a fiscal year shall be based on forecast
needs, but may not exceed the amount equal to 80 percent of
the annual average expenditure of the Department of Defense
for airlift during the five-fiscal year period ending in the
fiscal year before the fiscal year for which such contracts
are awarded.
``(2) In calculating the annual average expenditure of the
Department of Defense for airlift for purposes of paragraph
(1), the Secretary of Defense shall omit from the calculation
any fiscal year exhibiting unusually high demand for airlift
if the Secretary determines that the omission of such fiscal

[[Page S8838]]

year from the calculation will result in a more accurate
forecast of anticipated airlift for purposes of that
paragraph.
``(3) The aggregate amount of the minimum purchase amount
for all contracts awarded under subsection (a) for a fiscal
year, as determined under paragraph (1), shall be allocated
among all carriers awarded contracts under that subsection
for such fiscal year in proportion to the commitments of such
carriers to the Civil Reserve Air Fleet for such fiscal year.
``(c) Adjustment to Minimum Purchase Amount for Periods of
Unavailability of Airlift.--In determining the minimum
purchase amount payable under a contract under subsection (a)
for airlift provided by a carrier during the fiscal year
covered by such contract, the Secretary of Defense may adjust
the amount allocated to the carrier under subsection (b)(3)
to take into account periods during such fiscal year when
services of the carrier are unavailable for usage by the
Department of Defense, including during periods of refused
business or suspended operations or when the carrier is
placed in nonuse status pursuant to section 2640 of this
title for safety issues.
``(d) Distribution of Amounts.--If any amount available
under this section for the minimum purchase of airlift from a
carrier for a fiscal year under a contract under subsection
(a) is not utilized to purchase airlift from the carrier in
such fiscal year, such amount shall be provided to the
carrier before the first day of the following fiscal year.
``(e) Transfer of Funds.--At the beginning of each fiscal
year, the Secretary of each military department shall
transfer to the transportation working capital fund a
percentage of the total amount anticipated to be required in
such fiscal year for payment of minimum purchase amounts
under all contracts awarded under subsection (a) for such
fiscal year equivalent to the percentage of the anticipated
use of airlift by such military department during such fiscal
year from all carriers under contracts awarded under
subsection (a) for such fiscal year.
``(f) Availability of Airlift.--(1) From the total amount
of airlift available for a fiscal year under all contracts
awarded under subsection (a) for such fiscal year, a military
department shall be entitled to obtain a percentage of such
airlift equivalent to the percentage of the contribution of
the military department to the transportation working capital
fund for such fiscal year under subsection (e).
``(2) A military department may transfer any entitlement to
airlift under paragraph (1) to any other military department
or to any other agency, element, or component of the
Department of Defense.
``(g) Sunset.--The authorities in this section shall expire
on December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 931 of such title is amended by adding
at the end the following new item:

``9515. Airlift services: minimum annual purchase amount for carriers
participating in Civil Reserve Air Fleet.''.

SEC. 1027. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO
FOREIGN MILITARY AND STATE AIRCRAFT.

(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United States
Code, is amended to read as follows:

``Sec. 9626. Aircraft supplies and services: foreign military
or other state aircraft

``(a) Provision of Supplies and Services on Reimbursable
Basis.--(1) The Secretary of the Air Force may, under such
regulations as the Secretary may prescribe and when in the
best interests of the United States, provide any of the
supplies or services described in paragraph (2) to military
and other state aircraft of a foreign country, on a
reimbursable basis without an advance of funds, if similar
supplies and services are furnished on a like basis to
military aircraft and other state aircraft of the United
States by the foreign country.
``(2) The supplies and services described in this paragraph
are supplies and services as follows:
``(A) Routine airport services, including landing and
takeoff assistance, servicing aircraft with fuel, use of
runways, parking and servicing, and loading and unloading of
baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-owned
fuel, provisions, spare parts, and general stores, but not
including ammunition.
``(b) Provision of Routine Airport Services on Non-
Reimbursable Basis.--(1) Routine airport services may be
provided under this section at no cost to a foreign country
under circumstances as follows:
``(A) If such services are provided by Air Force personnel
and equipment without direct cost to the Air Force.
``(B) If such services are provided under an agreement with
the foreign country that provides for the reciprocal
furnishing by the foreign country of routine airport services
to military and other state aircraft of the United States
without reimbursement.
``(2) If routine airport services are provided under this
section by a working-capital fund activity of the Air Force
under section 2208 of this title and such activity is not
reimbursed directly for the costs incurred by the activity in
providing such services by reason of paragraph (1)(B), the
working-capital fund activity shall be reimbursed for such
costs out of funds currently available to the Air Force for
operation and maintenance.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 939 of such title is amended by striking
the item relating to section 9626 and inserting the following
new item:

``9626. Aircraft supplies and services: foreign military or other state
aircraft.''.
(b) Conforming Amendment.--Section 9629(3) of such title is
amended by striking ``for aircraft of a foreign military or
air attache''.

SEC. 1028. PARTICIPATION IN STRATEGIC AIRLIFT CAPABILITY
PARTNERSHIP.

(a) Authority To Participate in Partnership.--The Secretary
of Defense may--
(1) enter into a multilateral memorandum of understanding
authorizing the Strategic Airlift Capability Partnership to
conduct activities necessary to accomplish its purpose,
including--
(A) the acquisition, equipping, ownership, and operation of
strategic airlift aircraft; and
(B) the acquisition or transfer of airlift and airlift-
related services and supplies among members of the Strategic
Airlift Capability Partnership, or between the Partnership
and non-member countries or international organizations, on a
reimbursable basis or by replacement-in-kind or exchange of
airlift or airlift-related services of an equal value; and
(2) pay from funds available to the Department of Defense
for such purpose the United States equitable share of the
recurring and non-recurring costs of the activities and
operations of the Strategic Airlift Capability Partnership,
including costs associated with procurement of aircraft
components and spare parts, maintenance, facilities, and
training, and the costs of claims.
(b) Authorities Under Partnership.--In carrying out the
memorandum of understanding entered into under subsection
(a), the Secretary of Defense may do the following:
(1) Waive reimbursement of the United States for the cost
of the functions performed by Department of Defense personnel
with respect to the Strategic Airlift Capability Partnership
as follows:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management services.
(2) Waive the imposition of any surcharge for
administrative services provided by the United States that
would otherwise be chargeable against the Strategic Airlift
Capability Partnership.
(3) Pay the salaries, travel, lodging, and subsistence
expenses of Department of Defense personnel assigned for duty
to the Strategic Airlift Capability Partnership without
seeking reimbursement or cost-sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the
United States in carrying out the memorandum of understanding
entered into under subsection (a) shall be credited, as
elected by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in incurring
the obligation for which such amount is received.
(2) An appropriation, fund, or account currently providing
funds for the purposes for which such obligation was made.
(d) Authority To Transfer Aircraft.--
(1) In general.--The Secretary of Defense is authorized to
transfer one strategic airlift aircraft to the Strategic
Airlift Capability Partnership in accordance with the terms
and conditions of the memorandum of understanding entered
into under subsection (a).
(2) Report.--Not later than 30 days before the date on
which the Secretary transfers a strategic airlift aircraft
under paragraph (1), the Secretary shall submit to the
congressional defense committees a report on the strategic
airlift aircraft to be transferred, including the type of
strategic airlift aircraft to be transferred and the tail
registration or serial number of such aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In
this section the term ``Strategic Airlift Capability
Partnership'' means the strategic airlift capability
consortium established by the United States and other
participating countries.

SEC. 1029. RESPONSIBILITY OF THE AIR FORCE FOR FIXED-WING
SUPPORT OF ARMY INTRA-THEATER LOGISTICS.

The Secretary of Defense shall, acting through the Chairman
of the Joint Chiefs of Staff, prescribe directives or
instructions to provide that the Air Force shall have
responsibility for the missions and functions of fixed-wing
support for Army intra-theater logistics.

SEC. 1030. PROHIBITION ON SALE OF PARTS FOR F-14 FIGHTER
AIRCRAFT.

(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph (2), the
Department of Defense may not sell (whether directly or
indirectly) any parts for F-14 fighter aircraft, whether
through the Defense Reutilization and Marketing Service or
through another agency or element of the Department.
(2) Exception.--Paragraph (1) shall not apply with respect
to the sale of parts for F-14 fighter aircraft to a museum or
similar organization located in the United States that is
involved in the preservation of F-14 fighter aircraft for
historical purposes.

[[Page S8839]]

(b) Prohibition on Export License.--No license for the
export of parts for F-14 fighter aircraft to a non-United
States person or entity may be issued by the United States
Government.

Subtitle D--Reports

SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL
STRIKE CAPABILITY.

Section 1032(b)(1) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605;
10 U.S.C. 113 note) is amended by inserting ``and each of
2007, 2008, and 2009,'' after ``2004, 2005, and 2006,''.

SEC. 1042. REPORT ON THREATS TO THE UNITED STATES FROM
UNGOVERNED AREAS.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall jointly, in coordination
with the Director of National Intelligence, submit to
Congress a report on the threats posed to the United States
from ungoverned areas, including the threats to the United
States from terrorist groups and individuals located in such
areas who direct their activities against the United States
and its allies.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the intelligence capabilities and
skills required by the United States Government to support
United States policy aimed at managing the threats described
in subsection (a), including, specifically, the technical,
linguistic, and analytical capabilities and the skills
required by the Department of Defense and the Department of
State.
(2) An assessment of the extent to which the Department of
Defense and the Department of State possess the capabilities
described in paragraph (1) as well as the necessary resources
and organization to support United States policy aimed at
managing the threats described in subsection (a).
(3) A description of the extent to which the implementation
of Department of Defense Directive 3000.05, entitled
``Military Support for Stability, Security, Transition, and
Reconstruction Operations'', will support United States
policy for managing such threats.
(4) A description of the actions, if any, to be taken to
improve the capabilities and skills of the Department of
Defense and the Department of State described in paragraph
(1), and the schedule for implementing any actions so
described.

SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.

(a) Study Required.--The Secretary of Defense shall enter
into an agreement with an independent, non-profit, non-
partisan organization to conduct a study on the national
security interagency system.
(b) Report.--The agreement entered into under subsection
(a) shall require the organization to submit to Congress and
the President a report containing the results of the study
conducted pursuant to such agreement and any recommendations
for changes to the national security interagency system
(including legislative or regulatory changes) identified by
the organization as a result of the study.
(c) Submittal Date.--The agreement entered into under
subsection (a) shall require the organization to submit the
report required under subsection (a) not later than 180 days
after the date on which the Secretary makes funds available
to the organization under subsection (e) for purposes of the
study.
(d) National Security Interagency System Defined.--In this
section, the term ``national security interagency system''
means the structures, mechanisms, and processes by which the
departments, agencies, and elements of the Federal Government
that have national security missions coordinate and integrate
their policies, capabilities, expertise, and activities to
accomplish such missions.
(e) Funding.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, not more than $3,000,000 may be
available to carry out this section.
(2) Matching funding requirement.--The amount provided by
the Secretary for the agreement entered into under subsection
(a) may not exceed the value of contributions (whether money
or in-kind contributions) obtained and provided by the
organization for the study from non-government sources.

Subtitle E--Other Matters

SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.

(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
comprehensive review of the nuclear posture of the United
States for the next 5 to 10 years. The Secretary shall
conduct the review in consultation with the Secretary of
Energy and the Secretary of State.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) The role of nuclear forces in United States military
strategy, planning, and programming.
(2) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(3) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(4) The role that missile defense capabilities and
conventional strike forces play in determining the role and
size of nuclear forces.
(5) The levels and composition of the nuclear delivery
systems that will be required for implementing the United
States national and military strategy, including any plans
for replacing or modifying existing systems.
(6) The nuclear weapons complex that will be required for
implementing the United States national and military
strategy, including any plans to modernize or modify the
complex.
(7) The active and inactive nuclear weapons stockpile that
will be required for implementing the United States national
and military strategy, including any plans for replacing or
modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
necessary, a report on the results of the nuclear posture
review conducted under this section. The report shall be
submitted concurrently with the quadrennial defense review
required to be submitted under section 118 of title 10,
United States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that
the nuclear posture review conducted under this section
should be used as a basis for establishing future United
States arms control objectives and negotiating positions.

SEC. 1062. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF
THE NEW STRATEGIC POSTURE OF THE UNITED STATES.

Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is
repealed.

SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON ARMED
SERVICES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES.

(a) Requests of Committees.--The Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency,
or element of the intelligence community shall, not later
than 15 days after receiving a request from the Committee on
Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives for any intelligence
assessment, report, estimate, legal opinion, or other
intelligence information relating to matters within the
jurisdiction of such Committee, make available to such
committee such assessment, report, estimate, legal opinion,
or other information, as the case may be.
(b) Assertion of Privilege.--In response to a request
covered by subsection (a), the Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency,
or element of the intelligence community shall provide the
document or information covered by such request unless the
President certifies that such document or information is not
being provided because the President is asserting a privilege
pursuant to the Constitution of the United States.
(c) Independent Testimony of Intelligence Officials.--No
officer, department, agency, or element within the Executive
branch shall have any authority to require the head of any
department, agency, or element of the intelligence community,
or any designate of such a head--
(1) to receive permission to testify before the Committee
on Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives; or
(2) to submit testimony, legislative recommendations, or
comments to any officer or agency of the Executive branch for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to the Committee on
Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives if such testimony,
legislative recommendations, or comments include a statement
indicating that the views expressed therein are those of the
head of the department, agency, or element of the
intelligence community that is making the submission and do
not necessarily represent the views of the Administration.

SEC. 1064. REPEAL OF STANDARDS FOR DISQUALIFICATION FROM
ISSUANCE OF SECURITY CLEARANCES BY THE
DEPARTMENT OF DEFENSE.

(a) Repeal.--Section 986 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by striking
the item relating to section 986.

SEC. 1065. ADVISORY PANEL ON DEPARTMENT OF DEFENSE
CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES
AFTER CERTAIN INCIDENTS.

(a) In General.--The Secretary of Defense shall establish
an advisory panel to carry out an assessment of the
capabilities of the Department of Defense to provide support
to United States civil authorities in the event of a
chemical, biological, radiological, nuclear, or high-yield
explosive (CBRNE) incident.
(b) Panel Matters.--
(1) In general.--The advisory panel required by subsection
(a) shall consist of individuals appointed by the Secretary
of Defense (in consultation with the Chairmen and Ranking
Members of the Committees on Armed Services of the Senate and
the House

[[Page S8840]]

of Representatives) from among private citizens of the United
States with expertise in the legal, operational, and
organizational aspects of the management of the consequences
of a chemical, biological, radiological, nuclear, or high-
yield explosive incident.
(2) Deadline for appointment.--All members of the advisory
panel shall be appointed under this subsection not later than
30 days after the date on which the Secretary enters into the
contract required by subsection (c).
(3) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the panel have been made under this
subsection.
(4) Procedures.--The advisory panel shall carry out its
duties under this section under procedures established under
subsection (c) by the federally funded research and
development center with which the Secretary contracts under
that subsection. Such procedures shall include procedures for
the selection of a chairman of the advisory panel from among
its members.
(c) Support of Federally Funded Research and Development
Center.--
(1) In general.--The Secretary of Defense shall enter into
a contract with a federally funded research and development
center for the provision of support and assistance to the
advisory panel required by subsection (a) in carrying out its
duties under this section. Such support and assistance shall
include the establishment of the procedures of the advisory
panel under subsection (b)(4).
(2) Deadline for contract.--The Secretary shall enter into
the contract required by this subsection not later than 60
days after the date of the enactment of this Act.
(d) Duties of Panel.--The advisory panel required by
subsection (a) shall--
(1) evaluate the authorities and capabilities of the
Department of Defense to conduct operations in support to
United States civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident, including the authorities and capabilities of the
military departments, the Defense Agencies, the combatant
commands, any supporting commands, and the reserve components
of the Armed Forces (including the National Guard in a
Federal and non-Federal status);
(2) assess the adequacy of existing plans and programs of
the Department of Defense for training and equipping
dedicated, special, and general purposes forces for
conducting operations described in paragraph (1) across a
broad spectrum of scenarios, including current National
Planning Scenarios as applicable;
(3) assess policies, directives, and plans of the
Department of Defense in support of civilian authorities in
managing the consequences of a chemical, biological,
radiological, nuclear, or high-yield explosive incident.
(4) assess the adequacy of policies and structures of the
Department of Defense for coordination with other department
and agencies of the Federal Government, especially the
Department of Homeland Security, the Department of Energy,
the Department of Justice, and the Department of Health and
Human Services, in the provision of support described in
paragraph (1);
(5) assess the adequacy and currency of information
available to the Department of Defense, whether directly or
through other departments and agencies of the Federal
Government, from State and local governments in circumstances
where the Department provides support described in paragraph
(1) because State and local response capabilities are not
fully adequate for a comprehensive response;
(6) assess the equipment capabilities and needs of the
Department of Defense to provide support described in
paragraph (1); and
(7) develop recommendations for modifying the capabilities,
plans, policies, equipment, and structures evaluated or
assessed under this subsection in order to improve the
provision by the Department of Defense of the support
described in paragraph (1).
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by subsection
(a) may secure directly from the Department of Defense, the
Department of Homeland Security, the Department of Energy,
the Department of Justice, the Department of Health and Human
Services, and any other department or agency of the Federal
Government information that the panel considers necessary for
the panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the Secretary
of Homeland Secretary, the Secretary of Energy, the Attorney
General, the Secretary of Health and Human Services, and any
other official of the United States shall provide the
advisory panel with full and timely cooperation in carrying
out its duties under this section.
(f) Report.--Not later than 12 months after the date of the
initial meeting of the advisory panel required by subsection
(a), the advisory panel shall submit to the Secretary of
Defense, and to the Committees on Armed Services of the
Senate and the House of Representatives, a report on
activities under this section. The report shall set forth--
(1) the findings, conclusions, and recommendations of the
advisory panel for improving the capabilities of the
Department of Defense to provide support to United States
civil authorities in the event of a chemical, biological,
radiological, nuclear, or high-yield explosive incident; and
(2) such other findings, conclusions, and recommendations
for improving the capabilities of the Department for homeland
defense as the advisory panel considers appropriate.

SEC. 1066. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.

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 enforcement officials, and civilians of
nations of the Western Hemisphere that support the democratic
principles set forth in the Charter of the Organization of
American States, while fostering mutual knowledge,
transparency, confidence, and cooperation among the
participating nations and promoting democratic values and
respect for human rights; and
(2) therefore, the Institute is an invaluable education and
training facility which continues to foster a spirit of
partnership and interoperability among the United States
military and the militaries of participating nations.

SEC. 1067. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.

(a) References to Head of Intelligence Community.--
(1) References.--Title 10, United States Code, is amended
by striking ``Director of Central Intelligence'' each place
it appears in the following provisions and inserting
``Director of National Intelligence'':
(A) Section 192(c)(2).
(B) Section 193.
(C) Section 201(a).
(D) Section 201(c)(1).
(E) Section 425(a).
(F) Section 426.
(G) Section 441.
(H) Section 443(d).
(I) Section 2273(b)(1).
(J) Section 2723(a).
(2) Caption amendments.--Title 10, United States Code, is
further amended by striking ``Director of Central
Intelligence'' each place it appears in the heading of the
following provisions and inserting ``Director of National
Intelligence'':
(A) Section 441(c).
(B) Section 443(d).
(b) References to Head of Central Intelligence Agency.--
Title 10, United States Code, is further amended by striking
``Director of Central Intelligence'' each place it appears in
the following provisions and inserting ``Director of the
Central Intelligence Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g)(1).
(c) Other Amendments.--Section 201 of title 10, United
States Code, is further amended--
(1) in paragraph (1) of subsection (b), by striking
``Before submitting'' and all that follows and inserting ``In
the event of a vacancy in a position referred to in paragraph
(2), the making by the Secretary of Defense of a
recommendation to the President regarding the appointment of
an individual to such position shall be governed by the
provisions of section 106(b) of the National Security Act of
1947 (50 U.S.C. 403-6(b)), relating to the concurrence of the
Director of National Intelligence in appointments to
positions in the intelligence community.''; and
(2) in subsection (c), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''.

SEC. 1068. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE
COORDINATION COUNCIL.

(a) Establishment.--There is established in the Executive
Office of the President a National Foreign Language
Coordination Council (in this section referred to as the
``Council'').
(b) Membership.--The Council shall consist of the following
members or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank
of the United States.
(17) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) overseeing, coordinating, and implementing the National
Security Language Initiative;
(B) developing a national foreign language strategy,
building upon the efforts of the National Security Language
Initiative, within 18 months after the date of the enactment
of this Act, in consultation with--
(i) State and local government agencies;

[[Page S8841]]

(ii) academic sector institutions;
(iii) foreign language related interest groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(C) conducting a survey of the status of Federal agency
foreign language and area expertise and agency needs for such
expertise; and
(D) monitoring the implementation of such strategy
through--
(i) application of current and recently enacted laws; and
(ii) the promulgation and enforcement of rules and
regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) recommendations for amendments to title 5, United
States Code, in order to improve the ability of the Federal
Government to recruit and retain individuals with foreign
language proficiency and provide foreign language training
for Federal employees;
(B) the long term goals, anticipated effect, and needs of
the National Security Language Initiative;
(C) identification of crucial priorities across all
sectors;
(D) identification and evaluation of Federal foreign
language programs and activities, including--
(i) any duplicative or overlapping programs that may impede
efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to maximize use of
resources;
(E) needed national policies and corresponding legislative
and regulatory actions in support of, and allocation of
designated resources to, promising programs and initiatives
at all levels (Federal, State, and local), especially in the
less commonly taught languages that are seen as critical for
national security and global competitiveness during the next
20 to 50 years;
(F) effective ways to increase public awareness of the need
for foreign language skills and career paths in all sectors
that can employ those skills, with the objective of
increasing support for foreign language study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and postsecondary educational
institutions; and
(v) employers;
(G) recommendations for incentives for related educational
programs, including foreign language teacher training;
(H) coordination of cross-sector efforts, including public-
private partnerships;
(I) coordination initiatives to develop a strategic posture
for language research and recommendations for funding for
applied foreign language research into issues of national
concern;
(J) recommendations for assistance for--
(i) the development of foreign language achievement
standards; and
(ii) corresponding assessments for the elementary,
secondary, and postsecondary education levels, including the
National Assessment of Educational Progress in foreign
languages;
(K) recommendations for development of--
(i) language skill-level certification standards;
(ii) frameworks for pre-service and professional
development study for those who teach foreign language;
(iii) suggested graduation criteria for foreign language
studies and appropriate non-language studies, such as--

(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;

(L) identification of and means for replicating best
practices at all levels and in all sectors, including best
practices from the international community; and
(M) recommendations for overcoming barriers in foreign
language proficiency.
(3) National security language initiative.--The term
``National Security Language Initiative'' means the
comprehensive national plan of the President announced on
January 5, 2006, and under the direction of the Secretaries
of State, Education, and Defense and the Director of National
Intelligence to expand foreign language education for
national security purposes in the United States.
(d) Submission of Strategy to President and Congress.--Not
later than 18 months after the date of enactment of this
section, the Council shall prepare and transmit to the
President and the relevant committees of Congress the
strategy required under subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit
and act at such times and places, as the Council considers
appropriate, but shall meet in formal session at least 2
times a year. State and local government agencies and other
organizations (such as academic sector institutions, foreign
language-related interest groups, business associations,
industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at
least once a year.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of title 5,
United States Code, governing the competitive service, such
personnel as the Director considers necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to
the Council without reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall cooperate
with the Council in expeditiously providing to the Council
members and staff appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements.
(B) Exception.--No person shall be provided with access to
classified information under this section without the
appropriate required security clearance access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the
Council is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may secure
directly from any Federal agency such information, consistent
with Federal privacy laws, including The Family Educational
Rights and Privacy Act (20 U.S.C. 1232g) and Department of
Education's General Education Provisions Act (20 U.S.C.
1232(h)), the Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--Upon
request of the Director, the head of such agency shall
furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other
Federal agencies.
(h) Conferences, Newsletter, and Website.--In carrying out
this section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(i) Annual Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Council shall prepare and transmit to the President and the
relevant committees of Congress a report that describes--
(A) the activities of the Council;
(B) the efforts of the Council to improve foreign language
education and training; and
(C) impediments to the use of a National Foreign Language
program, including any statutory and regulatory restrictions.
(2) Relevant committees.--For purposes of paragraph (1),
the relevant committees of Congress include--
(A) in the House of Representatives--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Education and Labor;
(iv) the Committee on Oversight and Government Reform;
(v) the Committee on Small Business;
(vi) the Committee on Foreign Affairs; and
(vii) the Permanent Select Committee on Intelligence;
(B) in the Senate--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Health, Education, Labor, and
Pensions;
(iv) the Committee on Homeland Security and Governmental
Affairs;
(v) the Committee on Foreign Relations; and
(vi) the Select Committee on Intelligence.
(j) Establishment of a National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The
National Language Director shall be a nationally recognized
individual with credentials and abilities across the sectors
to be involved with

[[Page S8842]]

creating and implementing long-term solutions to achieving
national foreign language and cultural competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and monitor the implementation of a national
foreign language strategy, built upon the efforts of the
National Security Language Initiative, across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for improved
capabilities in foreign languages and cultural understanding,
including Federal, State, and local government agencies,
academia, industry, labor, and heritage communities; and
(C) coordinate and lead a public information campaign that
raises awareness of public and private sector careers
requiring foreign language skills and cultural understanding,
with the objective of increasing interest in and support for
the study of foreign languages among national leaders, the
business community, local officials, parents, and
individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council
on foreign language coordination or designate a lead agency
for the State for the purpose of assuming primary
responsibility for coordinating and interacting with the
Council and State and local government agencies as necessary.
(l) Congressional Notification.--The Council shall provide
to Congress such information as may be requested by Congress,
through reports, briefings, and other appropriate means.

SEC. 1069. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF
AIRCRAFT UNDER CONTRACT WITH THE ARMED FORCES.

(a) Definition of Public Aircraft.--Section 40102(a)(41)(E)
of title 49, United States Code, is amended--
(1) by inserting ``or an operational support service''
after ``transportation''; and
(2) by adding at the end the following new sentence: ``The
term `an operational support service' means a mission
performed by an aircraft operator that uses fixed or rotary
winged aircraft to provide a service other than
transportation.''.
(b) Armed Forces Operational Mission.--Section 40125(c) of
such title is amended--
(1) in paragraph (1)(C), by inserting ``or an operational
support service'' after ``transportation''; and
(2) by adding at the end the following new paragraph:
``(3) Compliance with federal aviation regulations.--If the
Secretary of Defense (or the Secretary of the department in
which the Coast Guard is operating) does not make a
designation under paragraph (1)(C) with regard to a chartered
aircraft, the transportation or operational support service
provided to the armed forces by such aircraft shall be in
compliance with the Federal Aviation Regulations under title
14, Code of Federal Regulations.''.
(c) Technical Corrections.--
(1) Section 40125(b) of such title is amended by striking
``40102(a)(37)'' and inserting ``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by
striking ``40102(a)(37)(E)'' appears and inserting
``40102(a)(41)(E)''.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EMPLOYEES FOR
CERTAIN TRAVEL HOURS.

Section 5544(a) of title 5, United States Code, is amended
in the third sentence in the matter following paragraph (3)
by inserting ``, including travel by the employee to such
event and the return of the employee from such event to the
employee's official duty station,'' after ``event''.

SEC. 1102. 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
(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. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE FOR
FEDERAL EMPLOYEES CALLED TO ACTIVE DUTY.

Section 8706(b) of title 5, United States Code, is amended
by adding at the end the following new paragraph:
``(5) In the case of an employee enrolled in life insurance
under this chapter who is a member of a reserve component of
the armed forces called or ordered to active duty, is placed
on leave without pay to perform active duty pursuant to such
call or order, and serves on active duty pursuant to such
call or order for a period of more than 30 consecutive days,
the life insurance of the employee under this chapter may
continue for up to 24 months after discontinuance of pay by
reason of the performance of such active duty.''.

SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL
SYSTEM.

(a) Exclusion of Wage-Grade Employees.--Subsection (b) of
section 9902 of title 5, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) not apply to any prevailing rate employees, as
defined in section 5342(a)(2);''.
(b) Clarification of Requirements Regarding Labor-
Management Relations.--
(1) In general.--Such section is further amended by
striking subsection (m).
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (f)(1)(D)(i), by inserting ``subject to
the requirements of chapter 71,'' before ``develop a
method''; and
(B) in subsection (g)(2)--
(i) in subparagraph (B), by inserting ``and'' at the end;
(ii) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (D).
(3) Construction of pay establishment or adjustment.--
Subsection (e) of such section is amended by adding at the
end the following new paragraph:
``(6) Any rate of pay established or adjusted in accordance
with the requirements of this section shall be a matter
covered by section 7103(a)(14)(C) of this title.''.

SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS
UNDER AREAS OF UNITED STATES CENTRAL COMMAND.

(a) Waiver Authority.--
(1) In general.--Notwithstanding section 5547 of title 5,
United States Code, during 2008, the head of an Executive
agency (as that term is defined in section 105 of title 5,
United States Code) may waive limitations on total
compensation, including limitations on the aggregate of basic
pay and premium pay payable in a calendar year, to an
employee who performs work while in an overseas location that
is in the area of responsibility of the Commander of the
United States Central Command in direct support of, or
directly related to--
(A) a military operation, including a contingency
operation; or
(B) an operation in response to a declared emergency.
(2) Limitation.--The total compensation payable to an
employee pursuant to a waiver under this subsection in a
calendar year may not exceed $212,100.
(b) Additional Pay Not Considered Basic Pay.--To the extent
that a waiver under subsection (a) results in payment of
additional premium pay of a type that is normally creditable
as basic pay for retirement or any other purpose, such
additional pay shall not be considered to be basic pay for
any purpose, nor shall such additional pay be used in
computing a lump-sum payment for accumulated and accrued
annual leave under section 5551 of title 5, United States
Code.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations to ensure appropriate
consistency among heads of Executive agencies in the exercise
of the authority granted by this section.

SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF
DEFENSE RESEARCH AND ENGINEERING POSITIONS IN
EXPERIMENTAL PERSONNEL 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 following new
subparagraph (D):
``(D) not more than a total of 20 scientific and
engineering positions in the Office of the Director of
Defense Research and Engineering;''.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO
ASSIST IN ACCOUNTING FOR MISSING UNITED STATES
PERSONNEL.

(a) In General.--Chapter 20 of title 10, United States
Code, is amended by adding at the end the following new
section:

[[Page S8843]]

``Sec. 408. Equipment and training of foreign personnel to
assist in Department of Defense accounting for missing
United States personnel

``(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide assistance to
any foreign nation to assist the Department of Defense with
recovery of and accounting for missing United States
personnel.
``(b) Types of Assistance.--The assistance provided under
subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.
``(4) Training of personnel.
``(c) Limitation.--The amount of assistance provided under
this section in any fiscal year may not exceed $1,000,000.
``(d) 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.
``(e) Annual Reports.--(1) Not later than December 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 statement 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 assistance.''.
(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 personnel.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.

SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR
SECURITY AND STABILIZATION ASSISTANCE.

(a) Increase in Amount of Authorized Assistance.--
Subsection (b) of section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3458) is amended by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(b) Program for Assistance.--Such section is further
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsection (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Formulation and Implementation of Program for
Assistance.--The Secretary of State shall coordinate with the
Secretary of Defense in the formulation and implementation of
a program of reconstruction, security, or stabilization
assistance to a foreign country that involves the provision
of services or transfer of defense articles or funds under
subsection (a).''.
(c) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (b) of this section, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.

SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Year 2008.--During fiscal year
2008, from funds made available to the Department of Defense
for operation and maintenance for such fiscal year, not to
exceed $977,441,000 may be used by the Secretary of Defense
in such fiscal year to provide funds--
(1) for the Commanders' Emergency Response Program in Iraq
for the purpose of enabling United States military commanders
in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi people; and
(2) for a similar program to assist the people of
Afghanistan.
(b) Waiver Authority.--For purposes of exercising the
authority provided by this section or any other provision of
law making funds available for the Commanders' Emergency
Response Program in Iraq or any similar program to assist the
people of Afghanistan, the Secretary may waive any provision
of law not contained in this section that would (but for the
waiver) prohibit, restrict, limit, or otherwise constrain the
exercise of that authority.
(c) Quarterly Reports.--Not later than 15 days after the
end of each fiscal-year quarter of fiscal year 2008, the
Secretary shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
of the programs referred to in subsection (a).
(d) Submittal of Modifications of Guidance.--In the event
any modification is made after the date of the enactment of
this Act in the guidance issued to the Armed Forces by the
Under Secretary of Defense (Comptroller) on February 18,
2005, concerning the allocation of funds through the
Commanders' Emergency Response Program in Iraq and any
similar program to assist the people of Afghanistan, the
Secretary shall submit to the congressional defense
committees a copy of such modification not later than 15 days
after the date of such modification.

SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL
PEACE OPERATIONS INITIATIVE.

(a) Report Required.--Not later than March 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee 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 extent, 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), including the approximate
cost of the activities, and the approximate percentage of the
total monetary value of the activities conducted by each G-8
member, including the United States, as well as efforts by
the 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 institutions, as well as
any efforts by the President to solicit 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 Department of Defense,
including--
(A) whether each Department should concentrate
administration in one office or bureau, and if so, which one;
(B) the extent to which the two Departments coordinate and
the quality of their coordination; and
(C) the extent to which contractors are used and an
assessment of the quality and timeliness of the results
achieved by the contractors, and whether the United States
Government might have achieved similar or better results
without contracting out functions.
(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 Operations Initiative,
including--
(A) assessments of the quality and sustainability of the
training of individual soldiers and units;
(B) the extent to which the G-8 and participating countries
maintain records or databases of trained individuals and
units and conduct 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 deploy 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 Initiative have been
utilized in peace operations subsequent to receiving training
under the Initiative, whether they will be deployed to
upcoming operations 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 participation 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.

Subtitle B--Other Authorities and Limitations

SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS
WITH NATO ORGANIZATIONS 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 opportunities
document'' and inserting ``a cooperative opportunities
document before the first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms cooperation
opportunities document'' and inserting ``A cooperative
opportunities document''.

SEC. 1212. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO
USE ACQUISITION AND CROSS-SERVICING AGREEMENTS
TO LEND MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION 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

[[Page S8844]]

Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended--
(1) in paragraph (1), by inserting ``or participating in
combined operations with the United States as part of a
peacekeeping operation under the Charter of the United
Nations or another international 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''.

SEC. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU
FOR COSTS OF MILITARY CIVIC ACTION TEAMS.

Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by inserting ``(1)'' before ``In recognition''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may accept from the
Government of Palau the amount available for the use of the
Government of Palau under paragraph (1). Any amount so
accepted by the Secretary under this paragraph shall be
credited to the appropriation or account available to the
Department of Defense for the Civic Action Team with respect
to which such amount is so accepted. Amounts so credited
shall be merged with the appropriation or account to which
credited, and shall be available to the Civic Action Team for
the same purposes, and subject to the same conditions and
limitations, as the appropriation or account with which
merged.''.

SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPARTMENT OF
DEFENSE IN MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.

(a) Extension of Participation.--Section 1205 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2416) is amended--
(1) in subsection (a), by striking ``fiscal year 2007'' and
inserting ``during fiscal years 2007 and 2008''; and
(2) in subsection (e)(2), by inserting ``or 2008'' after
``in fiscal year 2007''.
(b) Reporting Requirements.--Subsection (g) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``October 31, 2007,'' and inserting
``October 31 of each of 2007 and 2008,''; and
(B) by striking ``fiscal year 2007'' and inserting ``fiscal
year 2007 or 2008, as applicable''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The report'' and inserting ``Each
report''; and
(ii) by inserting ``, for the fiscal year covered by such
report,'' after ``shall include''; and
(B) in subparagraph (A), by striking ``fiscal year 2007''.

SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF
THAILAND.

(a) Limitation.--Notwithstanding any other provision of
law, no funds authorized to be appropriated by this Act may
be obligated or expended to provide direct assistance to the
Government of Thailand unless the President certifies to the
congressional defense committees that a democratically-
elected government has taken office in Thailand on or after
October 1, 2007.
(b) Exception.--The limitation in subsection (a) shall not
apply with respect to funds as follows:
(1) Amounts authorized to be appropriated for Overseas
Humanitarian, Disaster, and Civic Aid.
(2) Amounts otherwise authorized to be appropriated by this
Act and available for humanitarian or emergency assistance
for other nations.
(c) Waiver.--The President may waive the limitation in
subsection (a) if the President certifies to the
congressional defense committees in writing that the waiver
of the limitation is in the national security interests of
the United States.

SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND
UNITED STATES STRATEGY REGARDING IRAN.

Not more than 75 percent of the amount authorized to be
appropriated by this Act and available for the Office of the
Under Secretary of Defense for Policy may be obligated or
expended for that purpose until the President submits to
Congress the report required by section 1213(b) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2422).

SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS
PENDING IMPLEMENTATION OF REQUIREMENTS
REGARDING NORTH KOREA.

Notwithstanding any other provision of law, no funds
authorized to be appropriated for the Department of Defense
by this Act or any other Act for the provision of security
and stabilization assistance as authorized by section 1207 of
the National Defense Authorization Act for Fiscal Year 2006
(as amended by section 1202 of this Act) may be obligated or
expended for that purpose until the President certifies to
Congress that all the provisions of section 1211 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-163; 120 Stat. 2420) have been or are
being carried out.

Subtitle C--Reports

SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILITARY
OPERATIONS IN AFGHANISTAN.

(a) Reports Required.--Not later than 60 days after the
date of the enactment of this Act and every 180 days
thereafter through the end of fiscal year 2009, the President
shall submit to the congressional defense committees a report
on United States policy and military operations in
Afghanistan.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) A comprehensive strategy, coordinated between and among
the departments and agencies of the United States Government,
for achieving the objectives of United States policy and
military operations in Afghanistan.
(2) A description of current and proposed efforts to assist
the Government of Afghanistan in increasing the size and
capability of the Afghan Security Forces, including key
criteria for measuring the capabilities and readiness of the
Afghan National Army, the Afghan National Police, and other
Afghan security forces.
(3) A description of current and proposed efforts of the
United States Government to work with coalition partners to
strengthen the International Security Assistance Force (ISAF)
led by the North Atlantic Treaty Organization (NATO) in
Afghanistan, including efforts--
(A) to encourage North Atlantic Treaty Organization members
to make or fulfill commitments to meet North Atlantic Treaty
Organization mission requirements with respect to the
International Security Assistance Force; and
(B) to remove national restrictions on the use of forces of
members of the North Atlantic Treaty Organization deployed as
part of the International Security Assistance Force mission.
(4) A description of current and proposed efforts to
improve provincial governance and expand economic development
in the provinces of Afghanistan, including--
(A) a statement of the mission and objectives of the
Provincial Reconstruction Teams in Afghanistan;
(B) a description of the number, funding (including the
sources of funding), staffing requirements, and current
staffing levels of the Provincial Reconstruction Teams, set
forth by United States Government agency;
(C) an evaluation of the effectiveness of each Provincial
Reconstruction Team, including each team under the command of
the United States and each team under the command of the
International Security Assistance Force, in achieving its
mission and objectives; and
(D) a description of the collaboration, if any, between the
United States Agency for International Development and
Special Operations Forces in such efforts, and an assessment
of the results of such collaboration.
(5) With respect to current counternarcotics efforts in
Afghanistan--
(A) a description of the counternarcotics plan of the
United States Government in Afghanistan, including a
statement of priorities among United States counterdrug
activities (including interdiction, eradication, and
alternative livelihood programs) within that plan, and a
description of the specific resources allocated for each such
activity;
(B) a description of the counternarcotics roles and
missions assumed by the local and provincial governments of
Afghanistan, the Government of Afghanistan, particular
departments and agencies of the United States Government, the
International Security Assistance Force, and other
governments;
(C) a description of the extent, if any, to which
counternarcotics operations in or with respect to Afghanistan
have been determined to constitute a United States military
mission, and the justification for that determination;
(D) a description of United States efforts to destroy drug
manufacturing facilities; and
(E) a description of United States efforts to apprehend or
eliminate major drug traffickers in Afghanistan, and a
description of the extent to which such drug traffickers are
currently assisting United States counterterrorist efforts.
(6) A description of current and proposed efforts to help
the Government of Afghanistan fight public corruption and
strengthen the rule of law.
(7) A description of current and proposed diplomatic and
other efforts to encourage and assist the Government of
Pakistan to eliminate safe havens for Taliban, Al Qaeda, and
other extremists within the territory of Pakistan which
threaten the stability of Afghanistan, and an evaluation of
the cooperation of the Government of Pakistan in eliminating
such safe havens.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form to the maximum extent
practicable, but may include a classified annex.

SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AFGHANISTAN BY
ELIMINATING SAFE HAVENS FOR VIOLENT EXTREMISTS
IN PAKISTAN.

(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, the Government of Pakistan
has been an important partner in helping the United States
remove the Taliban regime from Afghanistan.

[[Page S8845]]

(2) In early September 2006, the Government of Pakistan
signed a peace agreement with pro-Taliban militants in
Miramshah, North Waziristan, Pakistan. Under the agreement,
local tribesmen in North Waziristan agreed to halt cross-
border movement of pro-Taliban insurgents from the North
Waziristan area to Afghanistan and to remove all foreigners
who do not respect the peace and abide by the agreement.
(3) In late September 2006, United States military
officials in Kabul, Afghanistan, reported two-fold, and in
cases three-fold, increases in the number of cross-border
attacks along the Afghanistan border with Pakistan in the
weeks following the signing of the agreement referred to in
paragraph (2).
(4) On February 13, 2007, Lieutenant General Karl W.
Eikenberry, the former commanding general of Combined Forces
Command--Afghanistan, stated in a written statement to the
Committee on Armed Services of the House of Representatives
that ``Al Qaeda and Taliban leadership presence inside
Pakistan remains a significant problem that must be
satisfactorily addressed if we are to prevail in Afghanistan
and if we are to defeat the global threat posed by
international terrorism''.
(5) On February 27, 2007, John McConnell, the Director of
National Intelligence, stated in a written statement to the
Committee on Armed Services of the Senate that
``[e]liminating the safehaven that the Taliban and other
extremists have found in Pakistan's tribal areas is not
sufficient to end the insurgency in Afghanistan but it is
necessary''.
(b) Strategy Relating to Pakistan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
congressional defense committees a report describing the
long-term strategy of the United States to engage with the
Government of Pakistan--
(A) to prevent the movement of Taliban, Al Qaeda, and other
violent extremist forces across the border of Pakistan into
Afghanistan; and
(B) to eliminate safe havens for such forces on the
national territory of Pakistan.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(c) Limitation on Availability of Department of Defense
Coalition Support Funds for Pakistan.--
(1) Limitation.--For fiscal years 2008 and 2009, the
Government of Pakistan may not be reimbursed in any fiscal
year quarter for the provision to the United States of
logistical, military, or other support utilizing funds
appropriated or otherwise made available by an Act making
supplemental appropriations for fiscal year 2007 for
operations in Iraq and Afghanistan, or any other Act, for the
purpose of making payments to reimburse key cooperating
nations for the provision to the United States of such
support unless the President certifies to the congressional
defense committees for such fiscal year quarter that the
Government of Pakistan is making substantial and sustained
efforts to eliminate safe havens for the Taliban, Al Qaeda
and other violent extremists in areas under its sovereign
control, including in the cities of Quetta and Chaman and in
the Northwest Frontier Province and the Federally
Administered Tribal Areas.
(2) Content of certification.--Each certification submitted
under paragraph (1) shall include a detailed description of
the efforts made by the Government of Pakistan to eliminate
safe havens for the Taliban, Al Qaeda, and other violent
extremists in areas under its sovereign control.
(3) Form.--Each certification submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) Waiver.--The President may waive the limitation on
reimbursements under paragraph (1) for a fiscal year quarter
if the President determines and certifies to the
congressional defense committees that it is important to the
national security interest of the United States to do so.

SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS
RELATING TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.

Section 1225(b)(2) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465)
is amended by striking ``Not later than one year after
enactment of this Act,'' and inserting ``Not later than each
of January 6, 2007, and January 7, 2008,''.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2008
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense
for fiscal year 2008 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$102,885,000.
(2) For nuclear weapons storage security in Russia,
$22,988,000.
(3) For nuclear weapons transportation security in Russia,
$37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$51,986,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $194,489,000.
(6) For chemical weapons destruction in Russia, $1,000,000.
(7) For threat reduction outside the former Soviet Union,
$10,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2008 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2008 for a
purpose listed in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET
UNION.

Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new subsection:
``(c) Specified Programs With Respect to States Outside the
Former Soviet Union.--The programs referred to in subsection
(a) are the following programs with respect to states that
are not states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and safe and
secure transportation and storage, of biological, or chemical
weapons, materials, weapons components, or weapons-related
materials.
``(2) Programs to prevent the proliferation of nuclear,
chemical, or biological weapons, weapons components, and
weapons-related military technology and expertise.
``(3) Programs to facilitate detection and reporting of
highly pathogenic diseases or other diseases that are
associated with or that could be utilized as an early warning
mechanism for disease outbreaks that could impact the Armed
Forces of the United States or allies of the United
States.''.

SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE FORMER
SOVIET UNION.

Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22
U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``the President'' the
second place it appears and inserting ``the Secretary of
Defense, with the concurrence of the Secretary of State,'';
and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the President'' the
second place it appears and inserting ``the Secretary of
Defense, with the concurrence of the Secretary of State,'';
and
(B) in paragraph (2), by striking ``the President'' and
inserting ``the Secretary of Defense and the Secretary of
State''.

SEC. 1305. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF
THE FORMER SOVIET UNION FOR COOPERATIVE THREAT
REDUCTION.

(a) In General.--

[[Page S8846]]

(1) Soviet nuclear threat reduction act of 1991.--The
Soviet Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) is amended--
(A) by striking section 211; and
(B) in section 212, by striking ``, consistent with the
findings stated in section 211,''.
(2) Cooperative threat reduction act of 1993.--Section 1203
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952) is amended by striking subsection (d).
(3) Russian chemical weapons destruction facilities.--
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is
repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 22 U.S.C. 5952 note) is repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.

SEC. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION
OF PROLIFERATION OF BIOLOGICAL WEAPONS.

(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of
Sciences under which the Academy shall carry out a study to
identify areas for cooperation with states other than states
of the former Soviet Union under the Cooperative Threat
Reduction program of the Department of Defense in the
prevention of proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of trends in the biological sciences and
biotechnology that will affect the capabilities of
governments of developing countries to control the
containment and use of dual-use technologies of potential
interest to terrorist organizations or individuals with
hostile intentions.
(2) An assessment of the approaches to cooperative threat
reduction used by the states of the former Soviet Union that
are of special relevance in preventing the proliferation of
biological weapons in other areas of the world.
(3) A review of programs of the United States Government
and other governments, international organizations,
foundations, and other private sector entities used in
developing countries that are not states of the former Soviet
Union that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating activities of
the Cooperative Threat Reduction program relating to the
prevention of the proliferation of biological weapons with
activities of other departments and agencies of the United
States addressing problems and opportunities in developing
countries that are not states of the former Soviet Union.
(c) Report.--
(1) In general.--Not later than December 31, 2008, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the study carried out under
subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) The results of the study carried out under subsection
(a), including any report received by the Secretary from the
National Academy of Sciences on the study.
(B) An assessment by the Secretary of the study.
(C) A statement of the actions, if any, to be undertaken by
the Secretary to implement any recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Funding.--Of the amount authorized to be appropriated
by section 301(18) for Cooperative Threat Reduction programs,
not more than $2,500,000 may be obligated or expended to
carry out this section.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $102,446,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,250,300,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the National Defense Sealift Fund in the amount
of $1,044,194,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Defense Health Program, in
the amount of $22,543,124,000, of which--
(1) $22,044,381,000 is for Operation and Maintenance;
(2) $136,482,000 is for Research, Development, Test, and
Evaluation; and
(3) $362,261,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2008 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,491,724,000, of which--
(1) $1,186,452,000 is for Operation and Maintenance;
(2) $274,846,000 is for Research, Development, Test, and
Evaluation; and
(3) $30,426,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $959,322,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of
$225,995,000, of which--
(1) $224,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS
FROM LOWER INFLATION.

(a) Reduction.--The aggregate amount authorized to be
appropriated by this division is the amount equal to the sum
of all the amounts authorized to be appropriated by the
provisions of this division reduced by $1,627,000,000, to be
allocated as follows:
(1) Procurement.--The aggregate amount authorized to be
appropriated by title I is hereby reduced by $601,000,000.
(2) Research, development, test, and evaluation.--The
aggregate amount authorized to be appropriated by title II is
hereby reduced by $451,000,000.
(3) Operation and maintenance.--The aggregate amount
authorized to be appropriated by title III is hereby reduced
by $554,000,000.
(4) Other authorizations.--The aggregate amount authorized
to be appropriated by title XIV is hereby reduced by
$21,000,000.
(b) Source of Savings.--Reductions required in order to
comply with subsection (a) shall be derived from savings
resulting from lower-than-expected inflation as a result of
the difference between the inflation assumptions used in the
Concurrent Resolution on the Budget for Fiscal Year 2008 when
compared with the inflation assumptions used in the budget of
the President for fiscal year 2008, as submitted to Congress
pursuant to section 1005 of title 31, United States Code.
(c) Allocation of Reductions.--The Secretary of Defense
shall allocate the reductions required by this section among
the amounts authorized to be appropriated for accounts in
titles I, II, III, and XIV to reflect the extent to which net
savings from lower-than-expected inflations are allocable to
amounts authorized to be appropriated to such accounts.

Subtitle B--National Defense Stockpile

SEC. 1411. DISPOSAL OF FERROMANGANESE.

(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 50,000 tons of ferromanganese from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the
disposal of the total quantity of ferromanganese authorized
for disposal by subsection (a) before September 30, 2008, the
Secretary of Defense may dispose of up to an additional
25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the
disposal of the total quantity of additional ferromanganese
authorized for disposal by paragraph (1) before September 30,
2008, the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits written
certification to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, not later than 30 days before the
commencement of disposal under the applicable paragraph,
that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause disruption to the usual markets of producers and
processors of ferromanganese in the United States; and

[[Page S8847]]

(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense
may delegate the responsibility of the Secretary under
subsection (c) to an appropriate official within the
Department of Defense.
(e) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).

SEC. 1412. DISPOSAL OF CHROME METAL.

(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 500 short tons of chrome metal from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the
disposal of the total quantity of chrome metal authorized for
disposal by subsection (a) before September 30, 2008, the
Secretary of Defense may dispose of up to an additional 250
short tons of chrome metal from the National Defense
Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the
disposal of the total quantity of additional chrome metal
authorized for disposal by paragraph (1) before September 30,
2008, the Secretary may dispose of up to an additional 250
short tons of chrome metal from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
chrome metal under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits written
certification to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, not later than 30 days before the
commencement of disposal under the applicable paragraph,
that--
(1) the disposal of the additional chrome metal from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional chrome metal will not
cause disruption to the usual markets of producers and
processors of chrome metal in the United States; and
(3) the disposal of the additional chrome metal is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense
may delegate the responsibility of the Secretary under
subsection (c) to an appropriate official within the
Department of Defense.
(e) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).

SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.

(a) Fiscal Year 2000 Disposal Authority.--Paragraph (5) of
section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as
amended by section 3302(b) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3546), is further amended by striking
``$600,000,000 before'' and inserting ``$729,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Paragraph (7) of
section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 98d note), as amended by section 3302(a) of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2513), is further
amended to read as follows:
``(7) $1,469,102,000 by the end of fiscal year 2015.''.

Subtitle C--Civil Programs

SEC. 1421. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2008 from the Armed Forces Retirement Home Trust Fund
the sum of $61,624,000 for the operation of the Armed Forces
Retirement Home.

Subtitle D--Chemical Demilitarization Matters

SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT FOR
CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY
COMMISSIONS.

(a) Modification.--Subsection (h) of section 172 of the
National Defense Authorization Act for Fiscal Year 1993 (50
U.S.C. 1521 note) is amended by striking ``after the
stockpile located in that commission's State has been
destroyed'' and inserting ``upon the earlier of--
``(1) the completion of closure activities for the chemical
agent destruction facility in the commission's State as
required pursuant to regulations promulgated by the
Administrator of the Environmental Protection Agency pursuant
to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
``(2) the request of the Governor of the commission's
State.''.
(b) Technical Amendments.--Subsections (b), (f), and (g) of
such section are each amended by striking ``Assistant
Secretary of the Army (Research, Development, and
Acquisition)'' and inserting ``Assistant Secretary of the
Army (Acquisition, Logistics, and Technology)''.

SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR
DIRECTOR OF CHEMICAL DEMILITARIZATION
MANAGEMENT ORGANIZATION.

Section 1412(e)(3) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 1433. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF
UNITED STATES CHEMICAL WEAPONS STOCKPILE.

(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, done at Paris on January 13, 1993
(commonly referred to as the ``Chemical Weapons
Convention''), requires that destruction of the entire United
States chemical weapons stockpile be completed by not later
than April 29, 2007.
(2) In 2006, under the terms of the Chemical Weapons
Convention, the United States requested and received a one-
time, 5-year extension of its chemical weapons destruction
deadline to April 29, 2012.
(3) On April 10, 2006, the Secretary of Defense notified
Congress that the United States would not meet even the
extended deadline under the Chemical Weapons Convention for
destruction of the United States chemical weapons stockpile,
but would ``continue working diligently to minimize the time
to complete destruction without sacrificing safety and
security'' and would also ``continue requesting resources
needed to complete destruction as close to April 2012 as
practicable''.
(4) Destroying the remaining stockpile of United States
chemical weapons is imperative for public safety and homeland
security, and doing so by April 2012, in accordance with the
current destruction deadline provided under the Chemical
Weapons Convention, is required by United States law.
(5) The elimination of chemical weapons anywhere they exist
in the world, and the prevention of their proliferation, is
of utmost importance to the national security of the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain, committed to
making every effort to safely dispose of its entire chemical
weapons stockpile by April 2012, the current destruction
deadline provided under the Chemical Weapons Convention, or
as soon thereafter as possible, and must carry out all of its
other obligations under the Convention; and
(2) the Secretary of Defense should make every effort to
plan for, and to request in the annual budget of the
President submitted to Congress adequate funding to complete,
the elimination of the United States chemical weapons
stockpile in accordance with United States obligations under
the Chemical Weapons Convention and in a manner that will
protect public health, safety, and the environment, as
required by law.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and every
180 days thereafter until the year in which the United States
completes the destruction of its entire stockpile of chemical
weapons under the terms of the Chemical Weapons Convention,
the Secretary of Defense shall submit to the members and
committees of Congress referred to in paragraph (3) a report
on the implementation by the United States of its chemical
weapons destruction obligations under the Chemical Weapons
Convention.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) The anticipated schedule at the time of such report for
the completion of destruction of chemical agents, munitions,
and materiel at each chemical weapons demilitarization
facility in the United States.
(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction
at each such facility, particularly in time to meet the
destruction deadline of April 29, 2012, currently provided by
the Chemical Weapons Convention.
(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph
(B).
(D) A description of all actions being taken by the United
States to accelerate the destruction of its entire stockpile
of chemical weapons, agents, and materiel in order to meet
the current destruction deadline under the Chemical Weapons
Convention of April 29, 2012, or as soon thereafter as
possible.
(3) Members and committees of congress.--The members and
committees of Congress referred to in this paragraph are--
(A) the majority leader of the Senate, the minority leader
of the Senate, and the Committees on Armed Services and
Appropriations of the Senate; and
(B) the Speaker of the House of Representatives, the
majority leader of the House of Representatives, the minority
leader of the House of Representatives, and the Committees on
Armed Services and Appropriations of the House of
Representatives.

[[Page S8848]]

TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Subtitle A--Authorization of Additional War-Related Appropriations

SEC. 1501. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $890,786,000.
(2) For missiles, $492,734,000.
(3) For weapons and tracked combat vehicles procurement,
$1,249,177,000.
(4) For ammunition, $303,000,000.
(5) For other procurement, $10,310,055,000.

SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft procurement, $2,263,018,000.
(2) For weapons procurement, $251,281,000.
(3) For other procurement, $814,311,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the procurement account
for the Marine Corps in the amount of $4,236,140,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $590,090,000.

SEC. 1503. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts for the Air Force in
amounts as follows:
(1) For aircraft procurement, $2,069,009,000.
(2) For ammunition, $74,005,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,163,450,000.

SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement account for Defense-wide in the
amount of $593,768,000.

SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $121,653,000.
(2) For the Navy, $370,798,000.
(3) For the Air Force, $922,791,000.
(4) For Defense-wide activities, $535,087,000.

SEC. 1506. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $45,519,264,000.
(2) For the Navy, $5,190,000,000.
(3) For the Marine Corps, $4,013,093,000.
(4) For the Air Force, $10,532,630,000.
(5) For Defense-wide activities, $5,976,216,000.
(6) For the Army Reserve, $158,410,000.
(7) For the Navy Reserve, $69,598,000.
(8) For the Marine Corps Reserve, $68,000,000.
(9) For the Army National Guard, $466,150,000.
(10) For the Air National Guard, $31,168,000.

SEC. 1507. MILITARY PERSONNEL.

There is hereby authorized to be appropriated for fiscal
year 2008 for the Department of Defense for military
personnel in amounts as follows:
(1) For the Army, $9,140,516,000.
(2) For the Navy, $752,089,000.
(3) For the Marine Corps, $817,475,000.
(4) For the Air Force, $1,411,890,000.
(5) For the Army Reserve, $235,000,000.
(6) For the Navy Reserve, $70,000,000.
(7) For the Marine Corps Reserve, $15,420,000.
(8) For the Air Force Reserve, $3,000,000.
(9) For the Army National Guard, $476,584,000.

SEC. 1508. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the Department of Defense for expenses, not
otherwise provided for, for the Defense Health Program, in
the amount of $1,022,842,000, for operation and maintenance.

SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the Department of Defense for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $257,618,000.

SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriation.--Funds are hereby
authorized for fiscal year 2008 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $4,500,000,000.
(b) Use of Funds.--Funds appropriated pursuant to
subsection (a) shall be available to the Secretary of Defense
for the purpose of allowing the Director of the Joint
Improvised Explosive Device Defeat Organization to
investigate, develop, and provide equipment, supplies,
services, training, facilities, personnel, and funds to
assist United States forces in the defeat of improvised
explosive devices.
(c) Transfer Authority.--
(1) Transfers authorized.--Amounts authorized to be
appropriated by subsection (a) may be transferred from the
Joint Improvised Explosive Device Defeat Fund to any of the
following accounts and funds of the Department of Defense to
accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(2) Additional transfer authority.--The transfer authority
provided by paragraph (1) is in addition to any other
transfer authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Joint
Improvised Explosive Device Defeat Fund under paragraph (1)
are not necessary for the purpose provided, such funds may be
transferred back to the Joint Improvised Explosive Device
Defeat Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(d) Notice to Congress.--Funds may not be obligated from
the Joint Improvised Explosive Device Defeat Fund, or
transferred under the authority provided in subsection
(c)(1), until five days after the date on which the Secretary
of Defense notifies the congressional defense committees in
writing of the details of the proposed obligation or
transfer.
(e) Management Plan.--
(1) Plan 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 committees a plan for the
intended management and use of the Joint Improvised Explosive
Device Defeat Fund.
(2) Matter to be included.--The plan required by paragraph
(1) shall include an update of the plan required in the
paragraph under the heading ``Joint Improvised Explosive
Device Defeat Fund'' in chapter 2 of title I of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 424), including identification of--
(A) year-to-date transfers and obligations; and
(B) projected transfers and obligations through September
30, 2008.
(f) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the detail of any obligation or transfer of funds
from the Joint Improvised Explosive Device Defeat Fund plan
required by subsection (e).
(g) Duration of Authority.--Amounts appropriated to the
Joint Improvised Explosive Device Defeat Fund are available
for obligation or transfer from the Fund until September 30,
2009.

SEC. 1511. IRAQ SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Iraq Security Forces Fund in the amount of $2,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security
Transition Command-Iraq, to provide assistance to the
security forces of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Security Forces Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.

[[Page S8849]]

(e) Notice to Congress.--Funds may not be obligated from
the Iraq Security Forces Fund, or transferred under the
authority provided in subsection (d)(1), until five days
after the date on which the Secretary of Defense notifies the
congressional defense committees in writing of the details of
the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (b) from any person,
foreign government, or international organization. Any
amounts so accepted shall be credited to the Iraq Security
Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees in writing upon the
acceptance, and upon the transfer under subsection (d), of
any contribution under this subsection. Such notice shall
specify the source and amount of any amount so accepted and
the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of
funds from the Iraq Security Forces Fund during such fiscal-
year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Fund during fiscal year
2008 are available for obligation or transfer from the Iraq
Security Forces Fund in accordance with this section until
September 30, 2009.

SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Afghanistan Security Forces Fund in the amount of
$2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense
for the purpose of allowing the Commander, Office of Security
Cooperation-Afghanistan, to provide assistance to the
security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funds.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Afghanistan Security Forces Fund to
any of the following accounts and funds of the Department of
Defense to accomplish the purposes provided in subsection
(b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all
or part of the funds transferred from the Afghanistan
Security Forces Fund under paragraph (1) are not necessary
for the purpose for which transferred, such funds may be
transferred back to the Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--
Funds may not be obligated from the Afghanistan Security
Forces Fund, or transferred under subsection (d)(1), until
five days after the date on which the Secretary of Defense
notifies the congressional defense committees in writing of
the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Afghanistan Security Forces
Fund for the purposes provided in subsection (b) from any
person, foreign government, or international organization.
Any amounts so accepted shall be credited to the Afghanistan
Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees in writing upon the
acceptance, and upon the transfer under subsection (d), of
any contribution under this subsection. Such notice shall
specify the source and amount of any amount so accepted and
the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of
funds from the Afghanistan Security Forces Fund during such
fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Fund during fiscal year
2008 are available for obligation or transfer from the
Afghanistan Security Forces Fund in accordance with this
section until September 30, 2009.

SEC. 1513. IRAQ FREEDOM FUND.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the Iraq Freedom Fund
in the amount of $107,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as
follows:
(A) Operation and maintenance accounts of the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation accounts of
the Department of Defense.
(D) Procurement accounts of the Department of Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) Notice to congress.--A transfer may not be made under
the authority in paragraph (1) until five days after the date
on which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to
an account under the authority in paragraph (1) shall be
merged with amounts in such account and shall be made
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.

SEC. 1514. DEFENSE WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for the Defense Working Capital Funds in
the amount of $1,676,275,000.

SEC. 1515. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the National Defense Sealift Fund in the amount
of $5,100,000.

SEC. 1516. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the Department of Defense for expenses, not
otherwise provided for, for the Office of Inspector General
of the Department of Defense in the amount of $4,394,000, for
Operation and Maintenance.

Subtitle B--General Provisions Relating to Authorizations

SEC. 1521. PURPOSE.

The purpose of this title is to authorize additional
appropriations for the Department of Defense for fiscal year
2008 for the incremental costs of Operation Iraqi Freedom and
Operation Enduring Freedom.

SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.

SEC. 1523. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2008 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the

[[Page S8850]]

same terms and conditions as transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.

Subtitle C--Other Matters

SEC. 1531. 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. 1532. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.

(a) Authority.--From funds made available for the
Department of Defense by section 1506 for operation and
maintenance, Defense-wide activities, the Secretary of
Defense 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 Freedom.
(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 the kinds of logistical
and military support to the United States that shall be
considered reimbursable under the authority in subsection
(a). Such standards 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 obligations to make
payments.--The Secretary of Defense may not enter into any
contractual obligation to make a reimbursement under the
authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not less
than 15 days before making any reimbursement under the
authority in subsection (a); and
(2) submit to the congressional defense committees on a
quarterly basis a report on any reimbursements made under the
authority in subsection (a) during such quarter.

SEC. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING
OPERATIONS IN IRAQ AND AFGHANISTAN.

(a) Availability of Funds for Logistical Support.--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 provide supplies, services,
transportation (including airlift and sealift), and other
logistical support to coalition forces supporting United
States military and stabilization operations in Iraq and
Afghanistan.
(b) Required Determination.--The Secretary may provide
logistical support under the authority in subsection (a) only
if the Secretary determines that the coalition 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 operation
without the provision of the logistical support.
(c) Coordination With Export Control Laws.--Logistical
support may be provided under the authority in subsection (a)
only in accordance with applicable provisions of the Arms
Export Control Act and other export control laws of the
United States.
(d) Limitation on Value.--The total amount of logistical
support provided under the authority in subsection (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 fiscal year 2008, the
Secretary shall submit to the congressional defense
committees a report on the provision of logistical support
under the authority in subsection (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 provided.

SEC. 1534. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED
TO IRAQ AND AFGHANISTAN.

(a) Competition Requirement.--For the procurement of
pistols and other weapons described in subsection (b), the
Secretary of Defense shall ensure, consistent with the
provisions of section 2304 of title 10, United States Code,
that--
(1) full and open competition is obtained to the maximum
extent practicable;
(2) no responsible United States manufacturer is excluded
from competing for such procurements; and
(3) products manufactured in the United States are not
excluded from the competition.
(b) Procurements Covered.--This section applies to the
procurement of the following:
(1) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Iraq, the Iraqi Police Forces, and
other Iraqi security organizations.
(2) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Afghanistan, the Afghani Police
Forces, and other Afghani security organizations.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
Alabama..........................  Anniston Army Depot       $26,000,000
Redstone Arsenal...       $20,000,000
Alaska...........................  Fort Richardson....       $92,800,000
Fort Wainwright....      $114,500,000
Arizona..........................  Fort Huachuca......      $129,600,000
California.......................  Fort Irwin.........       $24,000,000
Presidio, Monterey.       $28,000,000
Colorado.........................  Fort Carson........      $156,200,000
Delaware.........................  Dover Air Force           $17,500,000
Base.
Florida..........................  Eglin Air Force           $66,000,000
Base.
Miami Doral........      $237,000,000
Georgia..........................  Fort Benning.......      $185,800,000
Fort Stewart/Hunter      $123,500,000
Army Air Field.
Hawaii...........................  Fort Shafter.......       $31,000,000
Schofield Barracks.       $88,000,000
Wheeler Army Air          $51,000,000
Field.
Illinois.........................  Rock Island Arsenal        $3,350,000
Kansas...........................  Fort Leavenworth...       $90,800,000
Fort Riley.........      $138,300,000
Kentucky.........................  Fort Campbell......      $105,000,000
Fort Knox..........        $6,700,000
Louisiana........................  Fort Polk..........       $15,900,000
Maryland.........................  Aberdeen Proving          $12,200,000
Ground.
Michigan.........................  Detroit Arsenal....       $18,500,000
Missouri.........................  Fort Leonard Wood..      $125,650,000
Nevada...........................  Hawthorne Army            $11,800,000
Ammunition Plant.
New Mexico.......................  White Sands Missile       $71,000,000
Range.
New York.........................  Fort Drum..........      $291,000,000
North Carolina...................  Fort Bragg.........      $275,600,000
Oklahoma.........................  Fort Sill..........        $6,200,000
South Carolina...................  Fort Jackson.......       $85,000,000
Texas............................  Camp Bullis........        $1,600,000
Fort Bliss.........      $111,900,000
Fort Hood..........      $145,400,000
Fort Sam Houston...       $19,150,000
Red River Army             $9,200,000
Depot.
Virginia.........................  Fort Belvoir.......       $13,000,000
Fort Eustis........       $75,000,000
Fort Lee...........       $16,700,000
Fort Myer..........       $20,800,000
Washington.......................  Fort Lewis.........      $164,600,000
Yakima Training           $29,000,000
Center.
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Bulgaria..........................  Nevo Selo FOS.......     $61,000,000
Germany...........................  Grafenwoehr.........     $62,000,000
Honduras..........................  Soto Cano Air Base..      $2,550,000
Italy.............................  Vicenza.............    $173,000,000
Korea.............................  Camp Humphreys......     $57,000,000
Romania...........................   Mihail Kogalniceanu     $12,600,000
FOS.
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

[[Page S8851]]

Army: Family Housing
------------------------------------------------------------------------
Installation
Country                or Location   Units      Amount
------------------------------------------------------------------------
Germany...........................       Ansbach     138     $52,000,000
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,000,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $365,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $5,218,067,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,254,250,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $295,150,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $333,947,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$419,400,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $742,920,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3485), $47,400,000.
(7) For the construction of increment 2 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289), as added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5),
$102,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $204,000,000 (the balance of the amount authorized
under section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat 2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289) (as added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5)), for
construction of a brigade complex for Fort Lewis,
Washington).
(3) $37,000,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex
operations support facility at Vicenza, Italy).
(4) $36,000,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex
barracks and community support facility at Vicenza, Italy).

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2445), as amended by section 20814 of
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289), as added by section 2 of the Revised
Continuing Appropriations Resolution, 2007 (Public Law 110-
5), is further amended--
(1) by striking the item relating to Redstone Arsenal,
Alabama;
(2) by striking the item relating to Fort Wainwright,
Alaska;
(3) in the item relating to Fort Irwin, California, by
striking ``$18,200,000'' in the amount column and inserting
``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado, by
striking ``$30,800,000'' in the amount column and inserting
``$24,000,000'';
(5) in the item relating to Fort Leavenworth, Kansas, by
striking ``$23,200,000'' in the amount column and inserting
``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by striking
``$47,400,000'' in the amount column and inserting
``$37,200,000'';
(7) in the item relating to Fort Campbell, Kentucky, by
striking ``$135,300,000'' in the amount column and inserting
``$115,400,000'';
(8) by striking the item relating to Fort Polk, Louisiana;
(9) by striking the item relating to Aberdeen Proving
Ground, Maryland;
(10) by striking the item relating to Fort Detrick,
Maryland;
(11) by striking the item relating to Detroit Arsenal,
Michigan;
(12) in the item relating to Fort Leonard Wood, Missouri,
by striking ``$34,500,000'' in the amount column and
inserting ``$17,000,000'';
(13) by striking the item relating to Picatinny Arsenal,
New Jersey;
(14) in the item relating to Fort Drum, New York, by
striking ``$218,600,000'' in the amount column and inserting
``$209,200,000'';
(15) in the item relating to Fort Bragg, North Carolina, by
striking ``$96,900,000'' in the amount column and inserting
``$89,000,000'';
(16) by striking the item relating to Letterkenny Depot,
Pennsylvania;
(17) by striking the item relating to Corpus Christi Army
Depot, Texas;
(18) by striking the item relating to Fort Bliss, Texas;
(19) in the item relating to Fort Hood, Texas, by striking
``$93,000,000'' in the amount column and inserting
``$75,000,000'';
(20) by striking the item relating to Red River Depot,
Texas; and
(21) by striking the item relating to Fort Lee, Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act
(120 Stat. 2447) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,518,450,000'' and inserting ``$3,275,700,000''; and
(2) in paragraph (1), by striking ``$1,362,200,000'' and
inserting ``$1,119,450,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.

(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485) is amended
in the item relating to Fort Bragg, North Carolina, by
striking ``$301,250,000'' in the amount column and inserting
``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act
(119 Stat. 3488) is amended by striking ``$77,400,000'' and
inserting ``$84,400,000''.

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECT.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act, shall remain in effect
until October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii........  Training facility...     $35,542,000
------------------------------------------------------------------------

SEC. 2108. TECHNICAL AMENDMENTS TO THE MILITARY CONSTRUCTION
AUTHORIZATION ACT FOR 2007.

(a) Technical Amendment To Specify Location of Project in
Romania.--The table in section 2101(b) of the Military
Construction Authorization Act for 2007 (division B of Public
Law 109-364; 120 Stat. 2446) is amended by striking ``Babadag
Range'' and inserting ``Mihail Kogalniceanu Air Base''.
(b) Technical Amendment To Correct Printing Error Relating
to Army Family Housing.--The table in section 2102(a) of the
Military Construction Authorization Act for 2007 (division B
of Public Law 109-364; 120 Stat. 2446) is amended by striking
``Fort McCoyine'' and inserting ``Fort McCoy''.

SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY,
MIAMI-DORAL, FLORIDA.

(a) Ground Lease Authorized.--The Secretary of the Army may
utilize the State of Florida property as described in
sublease number 4489-01, entered into between the State of
Florida and the United States (in this section referred to as
the ``ground lease''), for the purpose of constructing a
consolidated headquarters facility for the United States
Southern Command (SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the
Army may carry out the project to construct a new
headquarters on property leased from the State of Florida
when the following conditions have been met regarding the
lease for the property:
(1) The United States Government shall have the right to
use the property without interruption until at least December
31, 2055.
(2) The United States Government shall have the right to
use the property for general administrative purposes in the
event the

[[Page S8852]]

United States Southern Command relocates or vacates the
property.
(c) Authority To Obtain Ground Lease of Adjacent
Property.--The Secretary may obtain the ground lease of
additional real property owned by the State of Florida that
is adjacent to the real property leased under the ground
lease for purposes of completing the construction of the
SOUTHCOM headquarters facility, as long as the additional
terms of the ground lease required by subsection (b) apply to
such adjacent property.
(d) Limitation.--The Secretary may not obligate or expend
funds appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) for the construction of
the SOUTHCOM headquarters facility authorized under section
2101(a) until the Secretary transmits to the congressional
defense committees a modification to the ground lease signed
by the United States Government and the State of Florida in
accordance with subsection (b).

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
Alabama..........................  Outlying Field             $9,560,000
Evergreen.
Arizona..........................  Marine Corps Air          $33,720,000
Station, Yuma.
California.......................  Marine Corps Base,       $366,394,000
Camp Pendleton.
Marine Corps Air          $26,760,000
Station, Miramar.
Naval Station, San        $23,630,000
Diego.
Marine Corps Base,       $147,059,000
Twentynine Palms.
Connecticut......................  Naval Submarine           $11,900,000
Base, New London.
Florida..........................  Marine Corps               $7,570,000
Logistics Base,
Blount Island.
Cape Canaveral.....        $9,900,000
Naval Surface             $13,870,000
Warfare Center,
Panama City.
Hawaii...........................  Marine Corps Air          $37,961,000
Station, Kaneohe.
Naval Base, Pearl         $99,860,000
Harbor.
Naval Shipyard,           $30,200,000
Pearl Harbor.
Naval Station Pearl       $65,410,000
Harbor, Wahiawa.
Illinois.........................  Naval Training            $10,221,000
Center, Great
Lakes.
Indiana..........................  Naval Support             $12,000,000
Activity, Crane.
Maryland.........................  Naval Air Warfare          38,360,000
Center, Patuxent
River.
Maine............................  Naval Shipyard,            $9,700,000
Portsmouth.
Mississippi......................  Naval Air Station,         $6,770,000
Meridian.
Nevada...........................  Naval Air Station,        $11,460,000
Fallon.
New Jersey.......................  Naval Air Station,         $4,100,000
Lakehurst.
North Carolina...................  Marine Corps Air          $28,610,000
Station, Cherry
Point.
Marine Corps Air          $54,430,000
Station, New River.
Marine Corps Base,       $278,070,000
Camp Lejeune.
Rhode Island.....................  Naval Station,             $9,990,000
Newport.
South Carolina...................  Marine Corps Air           $6,800,000
Station, Beaufort.
Marine Corps              $55,282,000
Recruit Depot,
Parris Island.
Texas............................  Naval Air Station,        $14,290,000
Corpus Christi.
Virginia.........................  Naval Support              $8,450,000
Activity,
Chesapeake.
Naval Station,            $79,560,000
Norfolk.
Marine Corps Base,        $50,519,000
Quantico.
Washington.......................  Naval Station,           $119,760,000
Bremerton.
Naval Station,            $10,940,000
Everett.
Naval Air Station,        $23,910,000
Whidbey Island.
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Bahrain...........................  Naval Support            $35,500,000
Activity, Bahrain.
Diego Garcia......................  Naval Support             $7,150,000
Facility, Diego
Garcia.
Djibouti..........................  Camp Lemonier.......     $22,390,000
Guam..............................  Naval Activities,       $273,518,000
Guam.
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Unspecified               Wharf Utilities           $8,900,000
Upgrade.
Host Nation               $2,700,000
Infrastructure.
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installation,
in the number of units, and in the amount set forth in the
following table:

Navy: Family Housing
------------------------------------------------------------------------
Location               Installation     Units      Amount
------------------------------------------------------------------------
Mariana Islands...............  Naval                 73     $47,167,000
Activities,
Guam.
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $3,172,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(6)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $237,990,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $3,032,790,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,717,016,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $338,558,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c),
$11,600,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $119,658,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$300,095,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $371,404,000.
(7) For the construction of increment 2 of the construction
of an addition to the National Maritime Intelligence Center,
Suitland, Maryland, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2448),
$52,069,000.
(8) For the construction of increment 3 of recruit training
barracks infrastructure upgrade at Recruit Training Command,
Great Lakes, Illinois, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$16,650,000.
(9) For the construction of increment 3 of wharf upgrades
at Yokosuka, Japan, authorized by section 2201(b) of the
Military Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$8,750,000.
(10) For the construction of increment 2 of the Bachelor
Enlisted Quarters Homeport Ashore Program at Bremerton,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of increment 4 of the limited
area production and storage complex at Naval Submarine Base
Kitsap, Silverdale, Washington, authorized by section 2201(a)
of the Military Construction Authorization Act of Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3493), $39,750,000.

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 NAVY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of

[[Page S8853]]

Public Law 109-364; 120 Stat. 2449) is amended--
(1) in the item relating to Marine Corps Base, Twentynine
Palms, California, by striking ``$27,217,000'' in the amount
column and inserting ``$8,217,000'';
(2) by striking the item relating to Naval Support
Activity, Monterey, California;
(3) by striking the item relating to Naval Submarine Base,
New London, Connecticut;
(4) by striking the item relating to Cape Canaveral,
Florida;
(5) in the item relating to Marine Corps Logistics Base,
Albany, Georgia, by striking ``$70,540,000'' in the amount
column and inserting ``$62,000,000'';
(6) by striking the item relating to Naval Magazine, Pearl
Harbor, Hawaii;
(7) by striking the item relating to Naval Shipyard, Pearl
Harbor, Hawaii;
(8) by striking the item relating to Naval Support
Activity, Crane, Indiana;
(9) by striking the item relating to Portsmouth Naval
Shipyard, Maine;
(10) by striking the item relating to Naval Air Station,
Meridian, Mississippi;
(11) by striking the item relating to Naval Air Station,
Fallon, Nevada;
(12) by striking the item relating to Marine Corps Air
Station, Cherry Point, North Carolina;
(13) by striking the item relating to Naval Station,
Newport, Rhode Island;
(14) in the item relating to Marine Corps Air Station,
Beaufort, South Carolina, by striking ``$25,575,000'' in the
amount column and inserting ``$22,225,000'';
(15) by striking the item relating to Naval Special Weapons
Center, Dahlgren, Virginia;
(16) in the item relating to Naval Support Activity,
Norfolk, Virginia, by striking ``$41,712,000'' in the amount
column and inserting ``$28,462,000'';
(17) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$67,303,000'' in the amount
column and inserting ``$57,653,000''; and
(18) in the item relating to Naval Base, Kitsap,
Washington, by striking ``$17,617,000'' in the amount column
and inserting ``$13,507,000''.
(b) Termination of Military Family Housing Projects.--
Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended
by striking ``$308,956,000'' and inserting ``$305,256,000''.
(c) Conforming Amendments.--Section 2204(a) of such Act, as
amended by subsection (b), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$2,109,367,000'' and inserting ``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000'' and
inserting ``$674,182,000''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
Alaska...........................  Elmendorf Air Force       $83,180,000
Base.
Arizona..........................  Davis-Monthan Air         $11,200,000
Force Base.
Arkansas.........................  Little Rock Air            $9,800,000
Force Base.
California.......................  Travis Air Force          $26,600,000
Base.
Colorado.........................  Fort Carson........       $13,500,000
Schriever Air Force       $24,500,000
Base.
United States Air         $15,000,000
Force Academy.
District of Columbia.............  Bolling Air Force          $2,500,000
Base.
Florida..........................  Eglin Air Force          $158,300,000
Base.
MacDill Air Force         $57,000,000
Base.
Patrick Air Force         $11,854,000
Base.
Tyndall Air Force         $44,114,000
Base.
Georgia..........................  Robins Air Force          $14,700,000
Base.
Hawaii...........................  Hickam Air Force          $31,971,000
Base.
Illinois.........................  Scott Air Force           $24,900,000
Base.
Kansas...........................  Fort Riley.........       $12,515,000
Massachusetts....................  Hanscom Air Force         $12,800,000
Base.
Montana..........................  Malmstrom Air Force        $7,000,000
Base.
Nebraska.........................  Offutt Air Force          $16,952,000
Base.
New Mexico.......................  Cannon Air Force           $1,688,000
Base.
Kirtland Air Force        $11,400,000
Base.
Nevada...........................  Nellis Air Force           $4,950,000
Base.
North Dakota.....................  Grand Forks Air           $13,000,000
Force Base.
Minot Air Force           $18,200,000
Base.
Oklahoma.........................  Altus Air Force            $2,000,000
Base.
Tinker Air Force         $34,600,000
Base.
Vance Air Force            $7,700,000
Base.
South Carolina...................  Charleston Air            $11,000,000
Force Base.
South Dakota.....................  Ellsworth Air Force       $16,600,000
Base.
Texas............................  Lackland Air Force        $14,000,000
Base.
Utah.............................  Hill Air Force Base       $25,999,000
Wyoming..........................  Francis E. Warren         $14,600,000
Air Force Base.
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Germany...........................  Ramstein Air Base...     $48,209,000
Guam..............................  Andersen Air Force       $10,000,000
Base.
Qatar.............................  Al Udeid Air Base...     $22,300,000
Spain.............................  Moron Air Base......      $1,800,000
United Kingdom....................  Royal Air Force          $17,300,000
Lakenheath.
Royal Air Force          $41,000,000
Menwith Hill
Station.
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amounts set
forth in the following table:

Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Classified..............  Classified Project..      $1,500,000
Classified-Special       $13,940,000
Evaluation Program.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installation or
location, in the number of units, and in the amount set forth
in the following table:

Air Force: Family Housing
------------------------------------------------------------------------
Installation or
State or Country             Location       Units      Amount
------------------------------------------------------------------------
Germany.......................  Ramstein Air         117     $56,275,000
Base.
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $12,210,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $294,262,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total
amount of $2,097,357,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $754,123,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $140,609,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$15,440,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $61,103,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$362,747,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $688,335,000.
(7) For the construction of increment 3 of the main base
runway at Edwards Air Force Base, California, authorized by
section 2301(a) of the Military Construction Authorization
Act for Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3494), $35,000,000.
(8) For the construction of increment 3 of the CENTCOM
Joint Intelligence Center at MacDill Air Force Base, Florida,
authorized by section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2006

[[Page S8854]]

(division B of Public Law 109-163; 119 Stat. 3494), as
amended by section 2305 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2456), $25,000,000.

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE
NOT APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453) is amended--
(1) in the item relating to Elmendorf, Alaska, by striking
``$68,100,000'' in the amount column and inserting
``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force Base,
Arizona, by striking ``$11,800,000'' in the amount column and
inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock Air Force
Base, Arkansas;
(4) in the item relating to Travis Air Force Base,
California, by striking ``$85,800,000'' in the amount column
and inserting ``$73,900,000'';
(5) by striking the item relating to Peterson Air Force
Base, Colorado;
(6) in the item relating to Dover Air Force, Delaware, by
striking ``$30,400,000'' in the amount column and inserting
``$26,400,000'';
(7) in the item relating to Eglin Air Force Base, Florida,
by striking ``$30,350,000'' in the amount column and
inserting ``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base,
Florida, by striking ``$8,200,000'' in the amount column and
inserting ``$1,800,000'';
(9) in the item relating to Robins Air Force Base, Georgia,
by striking ``$59,600,000'' in the amount column and
inserting ``$38,600,000'';
(10) in the item relating to Scott Air Force, Illinois, by
striking ``$28,200,000'' in the amount column and inserting
``$20,000,000'';
(11) by striking the item relating to McConnell Air Force
Base, Kansas;
(12) by striking the item relating to Hanscom Air Force
Base, Massachusetts;
(13) by striking the item relating to Whiteman Air Force
Base, Missouri;
(14) by striking the item relating to Malmstrom Air Force
Base, Montana;
(15) in the item relating to McGuire Air Force Base, New
Jersey, by striking ``$28,500,000'' in the amount column and
inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air Force
Base, New Mexico;
(17) by striking the item relating to Minot Air Force Base,
North Dakota;
(18) in the item relating to Altus Air Force Base,
Oklahoma, by striking ``$9,500,000'' in the amount column and
inserting ``$1,500,000'';
(19) by striking the item relating to Tinker Air Force
Base, Oklahoma;
(20) by striking the item relating to Charleston Air Force
Base, South Carolina;
(21) in the item relating to Shaw Air Force Base, South
Carolina, by striking ``$31,500,000'' in the amount column
and inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air Force
Base, South Dakota;
(23) by striking the item relating to Laughlin Air Force
Base, Texas;
(24) by striking the item relating to Sheppard Air Force
Base, Texas;
(25) in the item relating to Hill Air Force Base, Utah, by
striking ``$63,400,000'' in the amount column and inserting
``$53,400,000''; and
(26) by striking the item relating to Fairchild Air Force
Base, Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act
(120 Stat. 2455) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,231,442,000'' and inserting ``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000'' and
inserting ``$736,661,000''.

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.

(a) Modification.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3494), as
amended by section 2305(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2456), is further amended in the item
relating to MacDill Air Force Base, Florida, by striking
``$101,500,000'' in the amount column and inserting
``$126,500,000''.
(b) Conforming Amendment.--Section 2304(b)(4) of the
Military Construction Authorization Act for Fiscal Year 2006
(119 Stat. 3496), as amended by section 2305(b) of the
Military Construction Authorization Act for Fiscal Year 2007
(120 Stat. 2456), is further amended by striking
``$23,300,000'' and inserting ``$48,300,000''.

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act, shall remain in effect
until October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base,       Family housing (250      $48,500,000
Arizona.                            units).
Vandenberg Air Force Base,          Family housing (120      $30,906,000
California.                         units).
MacDill Air Force Base, Florida...  Family housing (61       $21,723,000
units).
MacDill Air Force Base, Florida.  Housing maintenance       $1,250,000
facility.
Columbus Air Force Base,            Housing management          $711,000
Mississippi.                        facility.
Whiteman Air Force Base, Missouri.  Family housing (160      $37,087,000
units).
Seymour Johnson Air Force Base,     Family housing (167      $32,693,000
North Carolina.                     units).
Goodfellow Air Force Base, Texas..  Family housing (127      $20,604,000
units).
Ramstein Air Base, Germany........  USAFE Theater            $24,024,000
Aerospace
Operations Support
Center.
------------------------------------------------------------------------

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act and extended by section
2702 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2464), shall remain in effect until October 1, 2008, or the
date of the enactment of an Act authorizing funds for
military construction for fiscal year 2009, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Travis Air Force Base, California.  Family housing (56       $12,723,000
units).
Eglin Air Force Base, Florida.....  Family housing (279      $32,166,000
units).
------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:

Defense Education Activity
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
North Carolina....................  Marine Corps Base,        $2,014,000
Camp Lejeune.
------------------------------------------------------------------------

Defense Intelligence Agency
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
District of Columbia..............  Bolling Air Force         $1,012,000
Base.
------------------------------------------------------------------------

Defense Logistics Agency
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
California........................  Port Loma Annex.....    $140,000,000
Florida...........................  Naval Air Station,        $1,874,000
Key West.
Hawaii............................  Hickam Air Force         $26,000,000
Base.
New Mexico........................  Kirtland Air Force        $1,800,000
Base.
Ohio..............................  Defense Supply            $4,000,000
Center Columbus.
Pennsylvania......................  Defense Distribution     $21,000,000
Depot, New
Cumberland.
Virginia..........................  Fort Belvoir........      $5,000,000
------------------------------------------------------------------------

National Security Agency
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
Maryland..........................  Fort Meade..........     $11,901,000
------------------------------------------------------------------------

Special Operations Command
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
California........................  Marine Corps Base,       $20,030,000
Camp Pendleton.
Naval Amphibious         $12,000,000
Base, Coronado.
Florida...........................  Hurlburt Field......     $29,111,000
MacDill Air Force        $47,700,000
Base.
Georgia...........................  Fort Benning........     $35,000,000
Hunter Army Air          $13,800,000
Field.
Kentucky..........................  Fort Campbell.......     $53,500,000
Mississippi.......................  Stennis Space Center     $10,200,000
New Mexico........................  Cannon Air Force          $7,500,000
Base.

[[Page S8855]]

North Carolina....................  Fort Bragg..........     $47,250,000
Marine Corps Base,       $28,210,000
Camp Lejeune.
Virginia..........................  Dam Neck............    $108,500,000
Naval Amphibious         $99,000,000
Base, Little Creek.
Washington........................  Fort Lewis..........     $77,000,000
------------------------------------------------------------------------

TRICARE Management Activity
------------------------------------------------------------------------
Installation or
State                      Location            Amount
------------------------------------------------------------------------
Florida...........................  MacDill Air Force         $5,000,000
Base.
Illinois..........................  Naval Hospital,          $99,000,000
Great Lakes.
New York..........................  Fort Drum...........     $41,000,000
Texas.............................  Camp Bullis.........      $7,400,000
Virginia..........................  Naval Station,            $6,450,000
Norfolk.
Washington........................  Fort Lewis..........     $21,000,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:

Defense Education Activity
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Belgium...........................  Sterrebeek..........      $5,992,000
Germany...........................  Ramstein Air Base...      $5,393,000
Wiesbaden Air Base..     $20,472,000
------------------------------------------------------------------------

Special Operations Command
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Bahrain...........................  Southwest Asia......     $19,000,000
Qatar.............................  Al Udeid Air Base...     $52,852,000
------------------------------------------------------------------------

TRICARE Management Activity
------------------------------------------------------------------------
Installation or
Country                     Location            Amount
------------------------------------------------------------------------
Germany...........................  Spangdahlem Air Base     $30,100,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Classified                Classified Project..      $1,887,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of
Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount of
$70,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing
functions of the Department of Defense (other than the
military departments) in the total amount of $1,944,529,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $969,152,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $133,809,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$1,887,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$23,711,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $154,728,000.
(7) For energy conservation projects authorized by section
2402 of this Act, $70,000,000.
(8) For military family housing functions:
(A) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $48,848,000.
(B) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $500,000.
(9) For the construction of increment 3 of the regional
security operations center at Kunia, Hawaii, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 7017 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 485), $136,318,000.
(10) For the construction of increment 3 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 7016 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 485), $100,000,000.
(11) For the construction of increment 2 of the health
clinic replacement at MacDill Air Force Base, Florida,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2457), $41,400,000.
(12) For the construction of increment 2 of the replacement
of the Army Medical Research Institute of Infectious Diseases
at Fort Detrick, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act of Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2457),
$150,000,000.
(13) For the construction of increment 9 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $69,017,000.

SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES
PROJECTS.

(a) Termination of Inside the United States Projects for
Which Funds Were Not Appropriated.--The table relating to
Special Operations Command in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2457) is amended--
(1) by striking the item relating to Stennis Space Center,
Mississippi; and
(2) in the item relating to Fort Bragg, North Carolina, by
striking ``$51,768,000'' in the amount column and inserting
``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base
Closure and Realignment Activities.--Section 2405(a)(7) of
that Act (120 Stat. 2460) is amended by striking
``$191,220,000'' and inserting ``$252,279,000''.
(c) Modification of Certain Inside the United States
Project.--Section 2405(a)(15) of that Act (120 Stat. 2461) is
amended by striking ``$99,157,000'' and inserting
``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act, as
amended by subsections (a) through (c), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$7,163,431,000'' and inserting ``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000'' and
inserting ``$515,999,000''.

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116),
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act, shall remain in effect
until October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Defense Wide: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location        Agency and Project       Amount
------------------------------------------------------------------------
Naval Air Station, Oceana,          DLA bulk fuel             $3,589,000
Virginia.                           storage tank.
Naval Air Station, Jacksonville,    TMA hospital project     $28,438,000
Florida.
------------------------------------------------------------------------

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

[[Page S8856]]

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $201,400,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army National Guard locations,
and in the amounts, set forth in the following table:

Army National Guard
------------------------------------------------------------------------
State                      Location            Amount
------------------------------------------------------------------------
Alabama...........................  Springville.........      $3,300,000
Arkansas..........................  Camp Robinson.......     $23,923.000
Arizona...........................  Florence............     $10,870,000
California........................  Sacramento Army          $21,000,000
Depot.
Camp Roberts........      $2,850,000
Connecticut.......................  Niantic.............     $13,600,000
Florida...........................  Jacksonville........     $12,200,000
Idaho.............................  Gowen Field.........      $7,615,000
Orchard Training          $1,700,000
Area.
Illinois..........................  St. Clair County....      $8,100,000
Iowa..............................  Iowa City...........     $13,186,000
Michigan..........................  Camp Grayling.......      $2,450,000
Lansing.............      $4,239,000
Minnesota.........................  Camp Ripley.........      $4,850,000
Mississippi.......................  Camp Shelby.........      $4,000,000
Missouri..........................  Whiteman Air Force       $30,000,000
Base.
North Dakota......................  Camp Grafton........     $33,416,000
Oregon............................  Ontario.............     $11,000,000
Pennsylvania......................  Carlisle............      $7,800,000
East Fallowfield          $8,300,000
Township.
Fort Indiantown Gap.      $9,500,000
Gettysburg..........      $6,300,000
Graterford..........      $7,300,000
Hanover.............      $5,500,000
Hazelton............      $5,600,000
Holidaysburg........      $9,400,000
Huntingdon..........      $7,500,000
Kutztown............      $6,800,000
Lebanon.............      $7,800,000
Philadelphia........     $13,650,000
Rhode Island......................  East Greenwich......      $8,200,000
North Kingstown.....     $33,000,000
Texas.............................  Camp Bowie..........      $1,500,000
Fort Wolters........      $2,100,000
Utah..............................  North Salt Lake.....     $12,200,000
Vermont...........................  Ethan Allen Range...      $1,996,000
Virginia..........................  Fort Pickett........     $26,211,000
Winchester..........      $3,113,000
West Virginia.....................  Camp Dawson.........      $4,500,000
Wyoming...........................  Camp Guernsey.......      $2,650,000
------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army Reserve locations, and in
the amounts, set forth in the following table:

Army Reserve
------------------------------------------------------------------------
State                      Location            Amount
------------------------------------------------------------------------
California........................  Fort Hunter Liggett.      $7,035,000
Garden Grove........     $25,440,000
Montana...........................  Butte...............      $7,629,000
New Jersey........................  Fort Dix............     $17,000,000
New York..........................  Fort Drum...........     $15,923,000
Texas.............................  Ellington Field.....     $15,000,000
Fort Worth..........     $15,076,000
Wisconsin.........................  Ellsworth...........      $9,100,000
Fort McCoy..........      $8,523,000
------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(a)(2), the Secretary of the
Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps
Reserve locations, and in the amounts, set forth in the
following table:

Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State                      Location            Amount
------------------------------------------------------------------------
California........................  Miramar.............      $5,580,000
Michigan..........................  Selfridge...........      $4,030,000
Ohio..............................  Wright-Patterson Air     $10,277,000
Force Base.
Oregon............................  Portland............      $1,900,000
South Dakota......................  Sioux Falls.........      $3,730,000
Texas.............................  Austin..............      $6,490,000
Fort Worth..........     $22,514,000
Virginia..........................  Quantico............      $2,410,000
------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations,
and in the amounts, set forth in the following table:

Air National Guard
------------------------------------------------------------------------
State                      Location            Amount
------------------------------------------------------------------------
Colorado..........................  Buckley Air National      $7,300,000
Guard Base.
Delaware..........................  New Castle..........     $10,800,000
Georgia...........................  Savannah                  $9,000,000
International
Airport.
Indiana...........................  Hulman Regional           $7,700,000
Airport.
Kansas............................  Smoky Hill Air            $9,000,000
National Guard
Range.
Louisiana.........................  Camp Beauregard.....      $1,800,000
Massachusetts.....................  Otis Air National         $1,800,000
Guard Base.
New Hampshire.....................  Pease Air National        $8,900,000
Guard Base.
Nebraska..........................  Lincoln.............      $8,900,000
Nevada............................  Reno-Tahoe                $5,200,000
International
Airport.
New York..........................  Gabreski Airport....      $8,400,000
Pennsylvania......................  Fort Indiantown Gap.     $12,700,000
Rhode Island......................  Quonset State             $5,000,000
Airport.
South Dakota......................  Joe Foss Field......      $7,900,000
Tennessee.........................  McGhee-Tyson Airport      $3,200,000
Memphis                  $11,376,000
International
Airport.
Vermont...........................  Burlington..........      $6,600,000
West Virginia.....................  Eastern West             $50,776,000
Virginia Regional
Airport-Shepherd
Field.
Yeager..............     $17,300,000
Wisconsin.........................  Truax Field.........      $7,300,000
------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations,
and in the amounts, set forth in the following table:

Air Force Reserve
------------------------------------------------------------------------
State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Elmendorf Air Force      $14,950,000
Base.
Utah..............................  Hill Air Force Base.      $3,200,000
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD AND
RESERVE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$458,515,000; and
(B) for the Army Reserve, $134,684,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $59,150,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$216,417,000; and
(B) for the Air Force Reserve, $26,559,000.

SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS
WERE NOT APPROPRIATED.

Section 2601 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2463) is amended--
(1) in paragraph(1)--
(A) in subparagraph (A), by striking ``$561,375,000'' and
inserting ``$476,697,000''; and
(B) in subparagraph (B), by striking ``$190,617,000'' and
inserting ``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000'' and
inserting ``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$294,283,000'' and
inserting ``$133,983,000''; and
(B) in subparagraph (B), by striking ``$56,836,000'' and
inserting ``$47,436,000''.

SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2006 AIR FORCE RESERVE CONSTRUCTION AND
ACQUISITION PROJECTS.

Section 2601(3)(B) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3501) is amended by striking
``$105,883,000'' and inserting ``$102,783,000''.

SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the tables in subsection (b), as
provided in section 2601 of that Act, shall remain in effect
until October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Dublin, California................  Readiness center....     $11,318,000

[[Page S8857]]

Gary, Indiana.....................  Reserve center......      $9,380,000
------------------------------------------------------------------------

Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas..  Storage facility....      $9,038,000
------------------------------------------------------------------------

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act and extended by section
2702 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2464), shall remain in effect until October 1, 2008, or the
date of the enactment of an Act authorizing funds for
military construction for fiscal year 2009, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location              Project            Amount
------------------------------------------------------------------------
Albuquerque, New Mexico...........  Readiness center....      $2,533,000
Fort Indiantown Gap, Pennsylvania.  Multipurpose             $15,338,000
training range.
------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 1990 established by section 2906 of such Act, in the
total amount of $220,689,000, as follows:
(1) For the Department of the Army, $73,716,000.
(2) For the Department of the Air Force, $143,260,000.
(3) For the Defense Agencies, $3,713,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may
carry out base closure and realignment activities, including
real property acquisition and military construction projects,
as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $8,718,988,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
total amount of $8,174,315,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force, $1,183,812,000.
(4) For the Defense Agencies, $2,241,062,000.

SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.

For military construction projects carried out using
amounts appropriated pursuant to the authorization of
appropriations in sections 2701 and 2703 of this title and
section 2405(a)(8) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2460), section 2853 of title 10, United States
Code, shall apply for variations to the cost and scope of
work for each military construction project requested to the
congressional defense committees as part of the budget
justification materials submitted to Congress in support of
the Department of Defense budget for fiscal year 2007 and
2008 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code).

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Effective Date and Expiration of Authorizations

SEC. 2801. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX
shall take effect on the later of--
(1) October 1, 2007; or
(2) the date of the enactment of this Act.

SEC. 2802. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2011 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.

Subtitle B--Military Construction Program and Military Family Housing
Changes

SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon a determination by the Secretary of a
military department, or with respect to the Defense Agencies,
the Secretary of Defense, that such action is necessary in
the national interest, the Secretary concerned may transfer
amounts of authorizations made available to that military
department or Defense Agency in this division for fiscal year
2008 between any such authorizations for that military
department or Defense Agency for that fiscal year. Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretaries concerned may transfer
under the authority of this section may not exceed
$200,000,000.
(b) Limitation.--The authority provided by this section to
transfer authorizations may only be used to fund increases in
the cost or scope of military construction projects that have
been authorized by law.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary concerned shall
promptly notify Congress of each transfer made by that
Secretary under subsection (a).

SEC. 2812. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY
FAMILY HOUSING.

(a) Increased Maximum Lease Amount Applicable to Certain
Domestic Army Family Housing Leases.--Subsection (b) of
section 2828 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (7)'';
(2) in paragraph (5), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (7)''; and
(3) by adding at the end the following new paragraph:
``(7)(A) Not more than 600 housing units may be leased by
the Secretary of the Army under subsection (a) for which the
expenditure for the rental of such units (including the cost
of utilities, maintenance, and operation) exceeds the maximum
amount per unit per year in effect under paragraph (2) but
does not exceed $18,620 per unit per year, as adjusted from
time to time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A)
shall apply only to Army family housing in areas designated
by the Secretary of the Army.
``(C) The term of a lease under subparagraph (A) may not
exceed 2 years.''.
(b) Increased Maximum Lease Amount Applicable to Foreign
Military Family Housing Leases.--Subsection (e) of such
section is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and inserting ``(1)(A)'';

[[Page S8858]]

(B) by striking the second sentence; and
(C) by adding at the end the following new subparagraph:
``(B)(i) Subject to clause (ii), the maximum lease amounts
in subparagraph (A) may be waived and increased up to a
maximum of $100,000 per unit per year.
``(ii) The Secretary concerned may not exercise the waiver
authority under clause (i) until the Secretary has notified
the congressional defense committees of such proposed waiver
and the reasons therefor and a period of 21 days has elapsed
or, if over sooner, 14 days after such notice is provided in
an electronic medium pursuant to section 480 of this
title.'';
(2) in paragraph (2), by striking ``the Secretary of the
Navy may lease not more than 2,800 units of family housing in
Italy, and the Secretary of the Army may lease not more than
500 units of family housing in Italy'' and inserting ``the
Secretaries of the military departments may lease not more
than 3,300 units of family housing in Italy''; and
(3) in paragraph (4), by striking ``$35,000'' and inserting
``$35,050''.
(c) Increased Threshold for Congressional Notification for
Foreign Military Family Housing Leases.--Subsection (f) of
such section is amended by striking ``$500,000'' and
inserting ``$1,000,000''.

SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.

(a) Increase.--Section 2805(a)(1) of title 10, United
States Code, is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007.

SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.

Section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as amended by section 2810 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2128), section 2809 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), and
section 2802 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2466), is further amended--
(1) in subsection (a), by striking ``2007'' and inserting
``2008''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``(1) The total'' and
inserting ``The total''; and
(B) by striking paragraphs (2) and (3).

SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF
DEPARTMENT OF DEFENSE LABORATORIES THROUGH
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS.

(a) Laboratory Revitalization.--For the revitalization and
recapitalization of laboratories owned by the United States
and under the jurisdiction of the Secretary concerned, the
Secretary concerned may obligate and expend--
(1) from appropriations available to the Secretary
concerned for operation and maintenance, amounts necessary to
carry out an unspecified minor military construction project
costing not more than $1,000,000; or
(2) from appropriations available to the Secretary
concerned for military construction not otherwise authorized
by law, amounts necessary to carry out an unspecified minor
military construction project costing not more than
$2,500,000.
(b) Fiscal Year Limitation Applicable to Individual
Laboratories.--For purposes of this section, the total amount
allowed to be applied in any one fiscal year to projects at
any one laboratory shall be limited to the larger of the
amounts applicable under subsection (a).
(c) Laboratory Defined.--In this section, the term
``laboratory'' includes--
(1) a research, engineering, and development center;
(2) a test and evaluation activity; and
(3) any buildings, structures, or facilities located at and
supporting such center or activity.
(d) Sunset.--The authority to carry out a project under
this section expires on September 30, 2012.

SEC. 2816. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE
MINOR MILITARY CONSTRUCTION AUTHORITY FOR
CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.

(a) Extension.--Subsection (e) of section 2810 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3510) is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2009''.
(b) Report Required.--Subsection (d) of such section is
amended to read as follows:
``(d) Reports Required.--Not later than March 1, 2007, and
March 1, 2009, the Secretary of Defense shall submit to the
congressional committees reports on the program authorized by
this section. Each report shall include a list and
description of the construction projects carried out under
the program, including the location and cost of each
project.''.

SEC. 2817. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION
PAYMENTS FOR FACILITY EXCHANGES.

Section 2809(c)(5) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2127) is amended by striking
``September 30, 2007'' and inserting ``September 30, 2010''.

Subtitle C--Real Property and Facilities Administration

SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RESULTING IN
ANNUAL COSTS OF MORE THAN $750,000.

Section 2662(a)(1) of title 10, United States Code, is
amended--
(1) by striking ``or his designee'' and inserting ``or the
Secretary's designee, or with respect to a Defense Agency,
the Secretary of Defense or the Secretary's designee''; and
(2) by adding at the end the following new subparagraph:
``(G) Any transaction or contract action that results in,
or includes, the acquisition or use by, or the lease or
license to, the United States of real property, if the
estimated annual rental or cost for the use of the real
property is more than $750,000.''.

SEC. 2832. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS
PROPERTY.

(a) Increased Use of Competitive Procedures for Selection
of Certain Lessees.--Section 2667(h)(1) of title 10, United
States Code, is amended by striking ``exceeds one year, and
the fair market value of the lease'' and inserting ``exceeds
one year, or the fair market value of the lease''.
(b) Modification of Authorities Related to Facilities
Operation Support.--
(1) Elimination of authority to accept facilities operation
support as in-kind consideration.--Section 2667(c)(1) of
title 10, United States Code, is amended--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subparagraph (D).
(2) Elimination of authority to use rental and certain
other proceeds for facilities operation support.--Section
2667(e)(1)(C) of title 10, United States Code, is amended by
striking clause (iv).
(c) Technical Amendments.--Section 2667(e) of title 10,
United States Code, is further amended--
(1) in paragraph (1)(B)(ii), by striking ``paragraph (4),
(5), or (6)'' and inserting ``paragraph (3), (4), or (5)'';
and
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5).

SEC. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND BUFFER
ZONES.

Section 2684a(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Subject to the availability of appropriations for
such purpose, an agreement with an eligible entity under
subsection (a)(2) may provide for the management of natural
resources and the contribution by the United States towards
natural resource management costs on any real property in
which a military department has acquired any right title or
interest in accordance with paragraph (1)(A) where there is a
demonstrated need to preserve or restore habitat for purposes
of subsection (a)(2).''; and
(3) in paragraph (4)(C), as redesignated by paragraph (1),
by striking ``paragraph (4)'' and inserting ``paragraph (5),
unless the Secretary concerned certifies in writing to the
Committees on Armed Services of the Senate and the House of
Representatives that the military value to the United States
as a result of the acquisition of such property or interest
in property justifies the payment of costs in excess of the
fair market value of such property or interest. Such
certification shall include a detailed description of the
military value to be obtained in each such case. The
Secretary concerned may not acquire such property or interest
until 14 days after the date on which the certification is
provided to the Committees or, if earlier, 10 days after the
date on which a copy of such certification is provided in an
electronic medium pursuant to section 480 of this title''.

SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL
RANGES.

(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Section 2827(c) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2479) is amended--
(1) in paragraph (1), by striking ``February 1, 2007'' and
inserting ``December 31, 2007''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (iv) and (v)
to read as follows:
``(iv) the proposal contained in the budget justification
materials submitted in support of the Department of Defense
budget for fiscal year 2008 to increase the size of the
active component of the Army to 547,400 personnel by the end
of fiscal year 2012; or
``(v) high operational tempos or surge requirements.''; and
(B) by adding at the end the following new subparagraphs:
``(F) An analysis of the cost of, potential military value
of, and potential legal or practical impediments to, the
expansion of the Joint Readiness Training Center at Fort
Polk, Louisiana, through the acquisition of additional land
adjacent to or in the vicinity of the installation that is
under the control of the United States Forest Service.
``(G) An analysis of the impact of the proposal described
in subparagraph (B)(iv) on

[[Page S8859]]

the plan developed prior to such proposal to relocate forces
from Germany to the United States and vacate installations in
Germany as part of the Integrated Global Presence and Basing
Strategy, including a comparative analysis of--
``(i) the projected utilization of the Army's three combat
training centers if all of the six light infantry brigades
proposed to be added to the active component of the Army
would be based in the United States; and
``(ii) the projected utilization of such ranges if at least
one of those six brigades would be based in Germany.
``(H) If the analysis required by subparagraph (G)
indicates that the Joint Multi-National Readiness Center in
Hohenfels, Germany, or the Army's training complex at
Grafenwoehr, Germany, would not be fully utilized under the
basing scenarios analyzed, an estimate of the cost to
replicate the training capability at that center in another
location.''.
(b) Report on Potential Expansion of Marine Corps
Operational Ranges.--
(1) Report required.--Not later than December 31, 2007, the
Secretary of the Navy shall submit to the congressional
defense committees a report containing an assessment of the
operational ranges used to support training and range
activities of the Marine Corps.
(2) Content.--The report required under paragraph (1) shall
include the following information:
(A) The size, description, and mission-essential tasks
supported by each major Marine Corps operational range during
fiscal year 2003.
(B) A description of the projected changes in Marine Corps
operational range requirements, including the size,
characteristics, and attributes for mission-essential
activities at each range and the extent to which any changes
in requirements are a result of the proposal contained in the
fiscal year 2008 budget request to increase the size of the
active component of the Marine Corps to 202,000 personnel by
the end of fiscal year 2012.
(C) The projected deficit or surplus of land at each major
Marine Corps operational range, and a description of the
Secretary's plan to address that projected deficit or surplus
of land as well as the upgrade of range attributes at each
existing Marine Corps operational range.
(D) A description of the Secretary's prioritization process
and investment strategy to address the potential expansion or
upgrade of Marine Corps operational ranges.
(E) An analysis of alternatives to the expansion of Marine
Corps operational ranges, including an assessment of the
joint use of operational ranges under the jurisdiction,
custody, or control of the Secretary of another military
department.
(F) An analysis of the cost of, potential military value
of, and potential legal or practical impediments to, the
expansion of Marine Corps Base, Twentynine Palms, California,
through the acquisition of additional land adjacent to or in
the vicinity of that installation that is under the control
of the Bureau of Land Management.
(3) Definitions.--In this subsection:
(A) The term ``Marine Corps operational range'' has the
meaning given the term ``operational range'' in section
101(e)(3) of title 10, United States Code, except that the
term is limited to operational ranges under the jurisdiction,
custody, or control of the Secretary of the Navy that are
used by or available to the United States Marine Corps.
(B) The term ``range activities'' has the meaning given
that term in section 101(e)(2) of such title.

SEC. 2835. CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT
SUBSTANTIVE CHANGE.

(a) Consolidation.--Section 2663 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Options for Military Construction Projects.--
``(1) Authority.--The Secretary of a military department
may acquire an option on a parcel of real property before or
after its acquisition is authorized by law, if the Secretary
considers it suitable and likely to be needed for a military
project of the department.
``(2) Consideration.--As consideration for an option
acquired under paragraph (1), the Secretary may pay, from
funds available to the department for real property
activities, an amount that is not more than 12 percent of the
appraised fair market value of the property.''.
(b) Conforming Amendments.--
(1) Repeal of superseded authority.--Section 2677 of such
title is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the item relating to section 2677.

Subtitle D--Base Closure and Realignment

SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

Not later than December 1, 2007, the Secretary of the Air
Force shall submit to the congressional defense committees a
report containing a detailed plan of the current and future
aviation assets that the Secretary expects will be based at
Niagara Air Reserve Base, New York. The report shall include
a description of all of the aviation assets that will be
impacted by the series of relocations to be made to or from
Niagara Air Reserve Base and the timeline for such
relocations.

Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN
HAVEN, FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to Florida State University (in this section
referred to as the ``University'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 40 acres located at the Lynn Haven Fuel Depot
in Lynn Haven, Florida, as a public benefit conveyance for
the purpose of permitting the University to develop the
property as a new satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property under
subsection (a), the University shall provide the United
States with consideration in an amount that is acceptable to
the Secretary, whether in the form of cash payment, in-kind
consideration, or a combination thereof.
(2) Reduced tuition rates.--The Secretary may accept as in-
kind consideration under paragraph (1) reduced tuition rates
or scholarships for military personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
University to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, related to the conveyance. If amounts
are collected from the University in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the University.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to all or any portion of the property
shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsections (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2852. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT
BRAGG, NORTH CAROLINA.

(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (111 Stat. 2005) is
amended--
(1) in subsection (a)(3), by striking ``at fair market
value'' and inserting ``without consideration'';
(2) by amending subsection (b)(2) to read as follows:
``(2) The conveyances under paragraphs (2) and (3) of
subsection (a) shall be subject to the condition that the
County develop and use the conveyed properties for
educational purposes and the construction of public school
structures.''; and
(3) by amending subsection (c)(2) to read as follows:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of
subsection (a) is not being used in accordance with
subsection (b)(2), all right, title, and interest in and to
the property conveyed under such paragraph, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
thereon.''.
(b) Payment of Costs of Conveyance.--Such section is
further amended by inserting at the end the following new
subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1
Property.--
``(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a)(3),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the County in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the County.
``(2) Treatment of amounts received.--Amounts received as
reimbursement under

[[Page S8860]]

paragraph (1) shall be credited to the fund or account that
was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.''.

SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, GSA
PROPERTY, SPRINGFIELD, VIRGINIA.

(a) Transfer Authorized.--The Administrator of General
Services (in this section referred to as ``the
Administrator'') may transfer to the administrative
jurisdiction of the Secretary of the Army a parcel of real
property consisting of approximately 69.5 acres and
containing warehouse facilities in Springfield, Virginia,
known as the ``GSA Property'' for the purpose of permitting
the Secretary to construct facilities on the property to
support administrative functions to be located at Fort
Belvoir, Virginia.
(b) Consideration.--
(1) In general.--As consideration for the property to be
transferred by the Administrator, the Secretary of the Army
shall--
(A) pay all reasonable costs to move furnishings,
equipment, and other material related to the relocation of
functions identified by the Administrator;
(B) if deemed necessary by the Administrator, transfer to
the administrative jurisdiction of the Administrator a parcel
of property in the National Capital Region determined to be
suitable to the Administrator;
(C) if deemed necessary by the Administrator, design and
construct storage facilities, utilities, security measures,
and access to a road infrastructure on the parcel to meet the
requirements of the Administrator; and
(D) if deemed necessary by the Administrator, enter into a
memorandum of agreement with the Administrator for support
services and security at the new facilities constructed
pursuant to subsection (a).
(2) Fair market value limitation.--The consideration
provided by the Secretary under paragraph (1) may not exceed
the fair market value of the property transferred by the
Administrator under subsection (a).
(c) Administration of Transferred Property.--Upon
completion of the transfer under subsection (a), the
transferred property shall be administered by the Secretary
as a part of Fort Belvoir, Virginia.
(d) Description of Property.--The exact acreage and legal
description of the property or properties to be conveyed
under this section shall be determined by surveys
satisfactory to the Administrator and the Secretary.
(e) Status Report.--Not later than November 30, 2007, the
Administrator and the Secretary shall jointly submit to the
congressional defense committees a report on the status and
estimated costs of the transfer under subsection (a).

Subtitle F--Other Matters

SEC. 2861. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION
OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.

(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the conditions of schools
under the jurisdiction of the Department of Defense Education
Activity.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of each school under the control of the
Secretary, including the location, year constructed, grades
of attending children, maximum capacity, and current capacity
of the school.
(2) A description of the standards and processes used by
the Secretary to assess the adequacy of the size of school
facilities, the ability of facilities to support school
programs, and the current condition of facilities.
(3) A description of the conditions of the facility or
facilities at each school, including the level of compliance
with the standards described in paragraph (2), any existing
or projected facility deficiencies or inadequate conditions
at each facility, and whether any of the facilities listed
are temporary structures.
(4) An investment strategy planned for each school to
correct deficiencies identified in paragraph (3), including a
description of each project to correct such deficiencies,
cost estimates, and timelines to complete each project.
(5) A description of requirements for new schools to be
constructed over the next 10 years as a result of changes to
the population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and
Construction of Schools.--The Secretary shall use the report
required under subsection (a) as a master plan for the
repair, upgrade, and construction of schools in the
Department of Defense system that support dependants of
members of the Armed Forces and civilian employees of the
Department of Defense.

SEC. 2862. REPEAL OF REQUIREMENT FOR STUDY AND REPORT ON
IMPACT TO MILITARY READINESS OF PROPOSED LAND
MANAGEMENT CHANGES ON PUBLIC LANDS IN UTAH.

Section 2815 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is
repealed.

SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.

In carrying out section 2866 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2499), the Secretary of the Army, acting
through the Chief of Engineers, shall assume responsibility
for the annual operation and maintenance of the Woonsocket
local protection project authorized by section 10 of the Act
of December 22, 1944 (commonly known as the ``Flood Control
Act of 1944'') (58 Stat. 892, chapter 665), including by
acquiring any interest of the State of Rhode Island in and to
land and structures required for the continued operation and
maintenance, repair, replacement, rehabilitation, and
structural integrity of the project, as identified by the
State, in coordination with the Secretary.

TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2902(1), the Secretary of the Army
may acquire real property and carry out military construction
projects for the installations or locations outside the
United States, and in the amounts set forth in the following
table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country                       Location           Amount
------------------------------------------------------------------------
Afghanistan........................  Bagram Air Base......   116,800,000
Iraq...............................  Camp Adder...........    80,650,000
Al Asad..............    86,100,000
Camp Anaconda........    88,200,000
Fallujah.............       880,000
Camp Marez...........       880,000
Mosul................    43,000,000
Q-West...............    26,000,000
Camp Ramadi..........       880,000
Scania...............     5,000,000
Camp Speicher........    103,700,00
Camp Taqqadum........       880,000
Tikrit...............    43,000,000
Camp Victory.........    34,400,000
Camp Warrior.........       880,000
Various Locations....   102,000,000
------------------------------------------------------------------------

SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY CONSTRUCTION
APPROPRIATIONS, ARMY.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $752,650,000 as follows:
(1) For military construction projects outside the United
States authorized by section 2901(a), $733,250,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $19,400,000.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $9,539,693,000, to be
allocated as follows:
(1) For weapons activities, $6,472,172,000.
(2) For defense nuclear nonproliferation activities,
$1,809,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(5) For the International Atomic Energy Agency Nuclear Fuel
Bank, $50,000,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 08-D-801, High pressure fire loop, Pantex Plant,
Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing facility, Pantex
Plant, Amarillo, Texas, $25,300,000.
Project 08-D-804, Technical Area 55 reinvestment project,
Los Alamos National Laboratory, Los Alamos, New Mexico,
$6,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 08-D-601, Mercury highway, Nevada Test Site,
Nevada, $7,800,000.
Project 08-D-602, Potable water system upgrades, Y-12
Plant, Oak Ridge, Tennessee, $22,500,000.
(3) For safeguards and security, the following new plant
project:
Project 08-D-701, Nuclear materials safeguards and security
upgrade, Los Alamos National Laboratory, Los Alamos, New
Mexico, $49,496,000.
(4) For naval reactors, the following new plant projects:
Project 08-D-901, Shipping and receiving and warehouse
complex, Bettis Atomic Power Laboratory, West Mifflin,
Pennsylvania, $9,000,000.

[[Page S8861]]

Project 08-D-190, Project engineering and design, Expended
Core Facility M-290 Recovering Discharge Station, Naval
Reactors Facility, Idaho Falls, Idaho, $550,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for defense environmental cleanup activities
in carrying out programs necessary for national security in
the amount of $5,410,905,000.
(b) Authorization for New Plant Project.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant project:
Project 08-D-414, Project engineering and design, Plutonium
Vitrification Facility, various locations, $15,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for other defense
activities in carrying out programs necessary for national
security in the amount of $663,074,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $242,046,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

(a) Limitation on Availability of Funds.--Of the amount
authorized to be appropriated under section 3101(a)(1) for
weapons activities for fiscal year 2008, not more than
$195,069,000 may be obligated or expended for the Reliable
Replacement Warhead program under section 4204a of the Atomic
Energy Defense Act (50 U.S.C. 2524a).
(b) Prohibition on Availability of Funds for Certain
Activities.--No funds referred to in subsection (a) may be
obligated or expended for activities under the Reliable
Replacement Warhead program beyond phase 2A activities.

SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE
MATERIALS DISPOSITION PROGRAM.

(a) Limitation Pending Report on Use of Prior Fiscal Year
Funds.--No fiscal year 2008 Fissile Materials Disposition
program funds may be obligated or expended for the Fissile
Materials Disposition program until the Secretary of Energy,
in consultation with the Administrator for Nuclear Security,
submits to the congressional defense committees a report
setting forth a plan for obligating and expending funds made
available for that program in fiscal years before fiscal year
2008 that remain available for obligation or expenditure as
of October 1, 2007.
(b) Limitation Pending Certification on Use of Current
Fiscal Year Funds.--
(1) In general.--Within fiscal year 2008 Fissile Materials
Disposition program funds, the aggregate amount that may be
obligated for the Fissile Materials Disposition program may
not exceed such amount as the Secretary, in consultation with
the Administrator, certifies to the congressional defense
committees will be obligated for that program in fiscal years
2008 and 2009.
(2) Availability of unutilized funds absent
certification.--If the Secretary does not make a
certification under paragraph (1), fiscal year 2008 Fissile
Materials Disposition program funds shall not be available
for the Fissile Materials Disposition program, but shall be
available instead for any defense nuclear nonproliferation
activities (other than the Fissile Materials Disposition
program) for which amounts are authorized to be appropriated
by section 3101(a)(2).
(3) Availability of unutilized funds under certification of
partial use.--If the aggregate amount of funds certified
under paragraph (1) as to be obligated for the Fissile
Materials Disposition program in fiscal years 2008 and 2009
is less than the amount of the fiscal year 2008 Fissile
Materials Disposition program funds, an amount within fiscal
year 2008 Fissile Materials Disposition program funds that is
equal to the difference between the amount of fiscal year
2008 Fissile Materials Disposition program funds and such
aggregate amount shall not be available for the Fissile
Materials Disposition program, but shall be available instead
for any defense nuclear nonproliferation activities (other
than the Fissile Materials Disposition program) for which
amounts are authorized to be appropriated by section
3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program
Funds Defined.--In this section, the term ``fiscal year 2008
Fissile Materials Disposition program funds'' means amounts
authorized to be appropriated by section 3101(a)(2) and
available for the Fissile Materials Disposition program.

SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF
FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION
PLANT.

Paragraph (2) of section 3120(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management Agency
has recommended for acceptance'' and inserting ``an
independent entity has reviewed''; and
(2) by inserting ``and that the system has been certified
by the Secretary for use by a construction contractor at the
Waste Treatment and Immobilization Plant'' after ``Waste
Treatment and Immobilization Plant''.

Subtitle C--Other Matters

SEC. 3121. NUCLEAR TEST READINESS.

(a) Repeal of Requirements on Readiness Posture.--Section
3113 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1743; 50 U.S.C.
2528a) is repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy Defense
Act (50 U.S.C. 2528) is amended to read as follows:

``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.

``(a) In General.--Not later than March 1, 2009, and every
odd-numbered year thereafter, the Secretary of Energy shall
submit to the congressional defense committees a report on
the nuclear test readiness of the United States.
``(b) Elements.--Each report under subsection (a) shall
include, current as of the date of such report, the
following:
``(1) An estimate of the period of time that would be
necessary for the Secretary of Energy to conduct an
underground test of a nuclear weapon once directed by the
President to conduct such a test.
``(2) A description of the level of test readiness that the
Secretary of Energy, in consultation with the Secretary of
Defense, determines to be appropriate.
``(3) A list and description of the workforce skills and
capabilities that are essential to carrying out an
underground nuclear test at the Nevada Test Site.
``(4) A list and description of the infrastructure and
physical plant that are essential to carrying out an
underground nuclear test at the Nevada Test Site.
``(5) An assessment of the readiness status of the skills
and capabilities described in paragraph (3) and the
infrastructure and physical plant described in paragraph (4).
``(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.''.
(2) Clerical amendment.--The item relating to section 4208
in the table of contents for such Act is amended to read as
follows:

``Sec. 4208. Reports on nuclear test readiness.''.

SEC. 3122. SENSE OF CONGRESS ON THE NUCLEAR NONPROLIFERATION
POLICY OF THE UNITED STATES AND THE RELIABLE
REPLACEMENT WARHEAD PROGRAM.

It is the sense of Congress that--
(1) the United States should reaffirm its commitment to
Article VI of the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (in this section
referred to as the ``Nuclear Non-Proliferation Treaty'');
(2) the United States should initiate talks with Russia to
reduce the number of nonstrategic nuclear weapons and further
reduce the number of strategic nuclear weapons in the
respective nuclear weapons stockpiles of the United States
and Russia in a transparent and verifiable fashion and in a
manner consistent with the security of the United States;
(3) the United States and other declared nuclear weapons
state parties to the Nuclear Non-Proliferation Treaty,
together with weapons states that are not parties to the
treaty, should work to reduce the total number of nuclear
weapons in the respective stockpiles and related delivery
systems of such states;
(4) the United States, Russia, and other states should work
to negotiate, and then sign and ratify, a treaty setting
forth a date for the cessation of the production of fissile
material;
(5) the Senate should ratify the Comprehensive Nuclear-
Test-Ban Treaty, opened for signature at New York September
10, 1996;
(6) the United States should commit to dismantle as soon as
possible all retired warheads or warheads that are planned to
be retired from the United States nuclear weapons stockpile;
(7) the United States, along with the other declared
nuclear weapons state parties to the Nuclear Non-
Proliferation Treaty, should participate in transparent
discussions regarding their nuclear weapons programs and
plans, and how such programs and plans, including plans for
any new weapons or warheads, relate to their obligations as
nuclear weapons state parties under the Treaty;
(8) the United States and the declared nuclear weapons
state parties to the Nuclear Non-Proliferation Treaty should
work to decrease reliance on, and the importance of, nuclear
weapons; and
(9) the United States should formulate any decision on
whether to manufacture or deploy a reliable replacement
warhead within the broader context of the progress made by
the United States toward achieving each of the goals
described in paragraphs (1) through (8).

SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT
INITIATIVES TO ACCELERATE THE REDUCTION OF
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE
LEGACY OF THE COLD WAR.

(a) In General.--On the date described in subsection (d),
the Secretary of Energy shall

[[Page S8862]]

submit to the congressional defense committees and the
Comptroller General of the United States a report on the
status of the environmental management initiatives described
in subsection (c) undertaken to accelerate the reduction of
the environmental risks and challenges that, as a result of
the legacy of the Cold War, are faced by the Department of
Energy, contractors of the Department, and applicable Federal
and State agencies with regulatory jurisdiction.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A discussion of the progress made in reducing the
environmental risks and challenges described in subsection
(a) in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level waste,
spent nuclear fuel, transuranic waste, and low-level waste.
(D) Closure and transfer of environmental remediation
sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction and
cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of the progress made in streamlining risk
reduction processes of the environmental management program
of the Department.
(3) An assessment of the progress made in improving the
responsiveness and effectiveness of the environmental
management program of the Department.
(4) Any proposals for legislation that the Secretary
considers necessary to carry out the environmental management
initiatives described in subsection (c) and the justification
for each such proposal.
(5) A list of the mandatory milestones and commitments set
forth in each enforceable cleanup agreement or other type of
agreement covering or applicable to environmental management
and cleanup activities at any site of the Department, the
status of the efforts of the Department to meet such
milestones and commitments, and if the Secretary determines
that the Department will be unable to achieve any such
milestone or commitment, a statement setting forth the
reasons the Department will be unable to achieve such
milestone or commitment.
(6) An estimate of the life cycle cost of the environmental
management program, including the following:
(A) A list of the environmental projects being reviewed for
potential inclusion in the environmental management program
as of October 1, 2007, and an estimated date by which a
determination will be made to include or exclude each such
project.
(B) A list of environmental projects not being considered
for potential inclusion in the environmental management
program as of October 1, 2007, but that are likely to be
included in the next five years, and an estimated date by
which a determination will be made to include or exclude each
such project.
(C) A list of projects in the environmental management
program as of October 1, 2007, for which an audit of the cost
estimate of the project has been completed, and the estimated
date by which such an audit will be completed for each such
project for which such an audit has not been completed.
(D) The estimated schedule for production of a revised life
cycle cost estimate for the environmental management program
incorporating the information described in subparagraphs (A),
(B), and (C).
(c) Initiatives Described.--The environmental management
initiatives described in this subsection are the initiatives
arising out of the report titled ``Top-to-Bottom Review of
the Environmental Management Program'' and dated February 4,
2002, with respect to the environmental restoration and waste
management activities of the Department in carrying out
programs necessary for national security.
(d) Date of Submittal.--The date described in this
subsection is the date on which the budget justification
materials in support of the Department of Energy budget for
fiscal year 2009 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) are submitted to Congress.
(e) Review by Comptroller General.--Not later than 180 days
after the date described in subsection (d), the Comptroller
General shall submit to the congressional defense committees
a report containing a review of the report required by
subsection (a).

SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY
PROTECTIVE FORCE MANAGEMENT.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the management of the
protective forces of the Department of Energy.
(b) Contents.--The report shall include the following:
(1) A description of the management and contractual
structure for protective forces at each Department of Energy
site with Category I nuclear materials.
(2) A statement of the number and category of protective
force members at each site described in paragraph (1) and an
assessment of whether the protective force at each such site
is adequately staffed, trained, and equipped to comply with
the requirements of the Design Basis Threat issued by the
Department of Energy in November 2005.
(3) A description of the manner in which each site
described in paragraph (1) is moving to a tactical response
force as required by the policy of the Department of Energy
and an assessment of the issues or problems, if any, involved
in the moving to a tactical response force at such site.
(4) A description of the extent to which the protective
force at each site described in paragraph (1) has been
assigned or is responsible for law enforcement or law-
enforcement related activities.
(5) An analysis comparing the management, training, pay,
benefits, duties, responsibilities, and assignments of the
protective force at each site described in paragraph (1) with
the management, training, pay, benefits, duties,
responsibilities, and assignments of the Federal
transportation security force of the Department of Energy.
(6) A statement of options for managing the protective
force at sites described in paragraph (1) in a more uniform
manner, an analysis of the advantages and disadvantages of
each option, and an assessment of the approximate cost of
each option when compared with the costs associated with the
existing management of the protective force at such sites.
(c) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.

SEC. 3125. TECHNICAL AMENDMENTS.

The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a) is
amended to read as follows:

``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.

(2) The table of contents for that Act is amended by
inserting after the item relating to section 4204 the
following new item:

``Sec. 4204A. Reliable Replacement Warhead program.''.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2008, $27,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
______

SA 2012. Mr. WEBB (for himself, Mr. Hagel, Mr. Reid, Mr. Levin, Mr.
Durbin, Mrs. Murray, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr. Byrd,
Mr. Tester, Mrs. McCaskill, Mr. Kennedy, Mr. Kerry, Mr. Salazar, Mr.
Harkin, Mrs. Feinstein, Mr. Brown, Mrs. Lincoln, Mr. Pryor, Mr.
Sanders, Mrs. Boxer, Ms. Klobuchar, Ms. Mikulski, Ms. Cantwell, Mr.
Dodd, Mr. Akaka, Mr. Biden, Ms. Stabenow, and Ms. Landrieu) proposed an
amendment to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for
Mr. Levin) to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; as follows:

At the end of subtitle C of title X, add the following:

SEC. 1031. MINIMUM PERIODS BETWEEN DEPLOYMENT FOR UNITS AND
MEMBERS OF THE ARMED FORCES FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.

(a) Minimum Period for Units and Members of the Regular
Components.--
(1) In general.--No unit or member of the Armed Forces
specified in paragraph (3) may be deployed for Operation
Iraqi Freedom or Operation Enduring Freedom (including
participation in the NATO International Security Assistance
Force (Afghanistan)) unless the period between the deployment
of the unit or member is equal to or longer than the period
of such previous deployment.
(2) Sense of congress on optimal minimum period between
deployments.--It is the sense of Congress that the optimal
minimum period between the previous deployment of a unit or
member of the Armed Forces specified in paragraph (3) to
Operation Iraqi Freedom or Operation Enduring Freedom and a
subsequent deployment of the unit or member to Operation
Iraqi Freedom or Operation Enduring Freedom should be equal
to or longer than twice the period of such previous
deployment.
(3) Covered units and members.--The units and members of
the Armed Forces specified in this paragraph are as follows:
(A) Units and members of the regular Army.
(B) Units and members of the regular Marine Corps.
(C) Units and members of the regular Navy.
(D) Units and members of the regular Air Force.
(E) Units and members of the regular Coast Guard.
(b) Minimum Period for Units and Members of the Reserve
Components.--
(1) In general.--No unit or member of the Armed Forces
specified in paragraph (3) may be deployed for Operation
Iraqi Freedom or Operation Enduring Freedom (including
participation in the NATO International Security Assistance
Force (Afghanistan)) if the

[[Page S8863]]

unit or member has been deployed at any time within the three
years preceding the date of the deployment covered by this
subsection.
(2) Sense of congress on mobilization and optimal minimum
period between deployments.--It is the sense of Congress
that--
(A) the units and members of the reserve components of the
Armed Forces should not be mobilized continuously for more
than one year; and
(B) the optimal minimum period between the previous
deployment of a unit or member of the Armed Forces specified
in paragraph (3) to Operation Iraqi Freedom or Operation
Enduring Freedom and a subsequent deployment of the unit or
member to Operation Iraqi Freedom or Operation Enduring
Freedom should be five years.
(3) Covered units and members.--The units and members of
the Armed Forces specified in this paragraph are as follows:
(A) Units and members of the Army Reserve.
(B) Units and members of the Army National Guard.
(C) Units and members of the Marine Corps Reserve.
(D) Units and members of the Navy Reserve.
(E) Units and members of the Air Force Reserve.
(F) Units and members of the Air National Guard.
(G) Units and members of the Coast Guard Reserve.
(c) Waiver by the President.--The President may waive the
limitation in subsection (a) or (b) with respect to the
deployment of a unit or member of the Armed Forces specified
in such subsection if the President certifies to Congress
that the deployment of the unit or member is necessary to
meet an operational emergency posing a threat to vital
national security interests of the United States.
(d) Waiver by Miliary Chief of Staff or Commandant for
Voluntary Mobilizations.--
(1) Army.--With respect to the deployment of a member of
the Army who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the
Chief of Staff of the Army (or the designee of the Chief of
Staff of the Army).
(2) Navy.--With respect to the deployment of a member of
the Navy who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the
Chief of Naval Operations (or the designee of the Chief of
Naval Operations).
(3) Marine corps.--With respect to the deployment of a
member of the Marine Corps who has voluntarily requested
mobilization, the limitation in subsection (a) or (b) may be
waived by the Commandant of the Marine Corps (or the designee
of the Commandant of the Marine Corps).
(4) Air force.--With respect to the deployment of a member
of the Air Force who has voluntarily requested mobilization,
the limitation in subsection (a) or (b) may be waived by the
Chief of Staff of the Air Force (or the designee of the Chief
of Staff of the Air Force).
(5) Coast guard.--With respect to the deployment of a
member of the Coast Guard who has voluntarily requested
mobilization, the limitation in subsection (a) or (b) may be
waived by the Commandant of the Coast Guard (or the designee
of the Commandant of the Coast Guard).
______

SA 2013. Mr. NELSON of Florida proposed an amendment to amendment SA
2012 proposed by Mr. Webb (for himself, Mr. Hagel, Mr. Reid, Mr. Levin,
Mr. Durbin, Mrs. Murray, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr.
Byrd, Mr. Tester, Mrs. McCaskill, Mr. Kennedy, Mr. Kerry, Mr. Salazar,
Mr. Harkin, Mrs. Feinstein, Mr. Brown, Mrs. Lincoln, Mr. Pryor, Mr.
Sanders, Mrs. Boxer, Ms. Klobuchar, Ms. Mikulski, Ms. Cantwell, Mr.
Dodd, Mr. Akaka, Mr. Biden, Ms. Stabenow, and Ms. Landrieu) to the
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

At the end of the amendment add the following:
This section shall take effect one day after the date of
this bill's enactment.
______

SA 2014. Mr. HAGEL (for himself, Mr. Harkin, and Mr. Grassley)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VI, add the following:

SEC. 656. PAYMENT OF DEATH GRATUITY WITH RESPECT TO MEMBERS
OF THE ARMED FORCES WITHOUT A SURVIVING SPOUSE
WHO ARE SURVIVED BY A MINOR CHILD.

Section 1477 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall be paid'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) In the case of a person covered by section 1475 or
1476 of this title who has no surviving spouse, but who has
one or more surviving children (as prescribed by subsection
(b)) under the age of 18 years who, after the death of the
person, will be in the custody of a parent (as prescribed by
subsection (c)) or brother or sister (as prescribed by
subsection (a)) of the person, the death gratuity shall be
paid to such parent, brother, or sister as designated by the
person, whether in the full amount payable under section 1478
of this title or in such portion of such amount as the person
shall specify.
``(2) If the amount of the death gratuity specified for
payment under paragraph (1) is less than the full amount of
the death gratuity payable under section 1478 of this title,
the balance of the amount of the death gratuity shall be paid
to or for the living survivors of the person concerned in
accordance with paragraphs (2) through (5) of subsection (a).
``(3) An individual designated for the payment of death
gratuity under paragraph (1) shall be treated as an eligible
survivor for purposes of subsection (e).''.
______

SA 2015. Mr. HAGEL submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 107, between lines 16 and 17, insert the following:
``(D) In addition to the members appointed under
subparagraphs (B) and (C), eight individuals appointed by the
Secretary of Defense, of whom--
``(i) one shall be a commissioned officer of the Army or
spouse of a commissioned officer of the Army, and one shall
be an enlisted member of the Army or spouse of an enlisted
member of the Army, except that of the individuals appointed
under this clause at any particular time, one shall be a
member of the Army and the other shall be a spouse of a
member of the Army;
``(ii) one shall be a commissioned officer of the Navy or
spouse of a commissioned officer of the Navy, and one shall
be an enlisted member of the Navy or spouse of an enlisted
member of the Navy, except that of the individuals appointed
under this clause at any particular time, one shall be a
member of the Navy and the other shall be a spouse of a
member of the Navy;
``(iii) one shall be a commissioned officer of the Marine
Corps or spouse of a commissioned officer of the Marine
Corps, and one shall be an enlisted member of the Marine
Corps or spouse of an enlisted member of the Marine Corps,
except that of the individuals appointed under this clause at
any particular time, one shall be a member of the Marine
Corps and the other shall be a spouse of a member of the
Marine Corps; and
``(iv) one shall be a commissioned officer of the Air Force
or spouse of a commissioned officer of the Air Force, and one
shall be an enlisted member of the Air Force or spouse of an
enlisted member of the Air Force, except that of the
individuals appointed under this clause at any particular
time, one shall be a member of the Air Force and the other
shall be a spouse of a member of the Air Force.''.
______

SA 2016. Mr. HAGEL submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title IX, add the following:

Subtitle D--Mental Health Personnel and Facilities

SEC. 951. SHORT TITLE.

This subtitle may be cited as the ``Mental Wellness
Facilities and Professional Development Act of 2007''.

SEC. 952. EMPLOYMENT BONUSES OF QUALIFIED CIVILIAN MENTAL
HEALTH PROFESSIONALS.

(a) Employment Bonuses Authorized.--
(1) In general.--Chapter 81 of title 10, United States
Code, is amended by inserting after section 1589 the
following new section:

``Sec. 1590. Mental health professional positions: employment
bonuses

``(a) Bonus Authorized.--The Secretary of Defense may pay
an employment bonus

[[Page S8864]]

under this section to any qualified mental health
professional who enters into an agreement to accept
employment with the Department of Defense to provide mental
health services at a military medical treatment facility
specified in such agreement for a period of not less than 12
months.
``(b) Qualifications for Mental Health Professionals.--The
Secretary shall prescribe in regulations the qualifications
of mental health professionals for eligibility for entry into
an agreement under this section.
``(c) Installment Payment.--The amount of the employment
bonus payable to a mental health professional entering into
an agreement under this section is $25,000, which amount is
payable in four equal installments as follows:
``(1) One quarter is payable upon completion by the mental
health professional of three months of service under the
agreement.
``(2) One quarter is payable upon completion by the mental
health professional of six months of service under the
agreement.
``(3) One quarter is payable upon completion by the mental
health professional of nine months of service under the
agreement.
``(4) One quarter is payable upon completion by the mental
health professional of twelve months of service under the
agreement.
``(d) Repayment.--(1) A mental health professional entering
into an agreement under this section who does not complete
the service provided for in the agreement shall repay to the
United States an amount equal to the amount of the employment
bonus specified in subsection (c) received by the
professional under this section.
``(2) The Secretary may waive, whether in whole or in part,
the requirement for repayment of an employment bonus under
this subsection under such circumstances as the Secretary
shall prescribe for purposes of this subsection.
``(3) An obligation to repay the United States under this
subsection is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge order is
entered less than five years after the date of the
termination of service of the person under an agreement under
this section.
``(e) Sunset.--No agreement may be entered into under this
section after September 30, 2011.''.
(2) 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 1589 the following new
item:

``1590. Mental health professional positions: employment bonuses.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2007.
(b) Authorization of Appropriations for Civilian Personnel
for Vacant Mental Health Positions.--
(1) In general.--There is hereby authorized to be
appropriated for the Department of Defense for fiscal year
2008 for Defense Health Program such sums as may be required
to fill during such fiscal year all civilian mental health
professional positions at the military medical treatment
facilities that are vacant at the commencement of fiscal year
2008 or become vacant during that fiscal year.
(2) Supplement not supplant.--The amount authorized to be
appropriated by paragraph (1) for fiscal year 2008 for
Defense Health Program is in addition to any other amounts
authorized to be appropriated by this Act for fiscal year
2008 for that account.

SEC. 953. PILOT PROGRAM ON ADDITIONAL DEPLOYMENT HEALTH
CLINICAL CENTERS.

(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasability and
advisability of establishing deployment health clinical
centers similar to the Deployment Health Clinical Center at
Walter Reed Army Medical Center, District of Columbia, at
additional military medical treatment facilities and other
appropriate medical facilities and clinics serving members of
the Armed Forces.
(b) Establishment of Centers.--
(1) In general.--In carrying out the pilot program, the
Secretary shall establish at least three, but not more than
five, deployment health clinical centers described in
subsection (a) at such principal treatment facilities or
other facilities or clinics serving members of the Armed
Forces as the Secretary shall select for purposes of the
pilot program.
(2) Locations.--Of the facilities or clinics selected under
paragraph (1)--
(A) at least one facility or clinic shall be located in a
State on the East Coast of the United States;
(B) at least one facility or clinic shall be located in a
State on the West Coast of the United States; and
(C) at least one facility or clinic shall be located in a
State other than a State described in subparagraph (A) or
(B).
(c) Services.--Each deployment health clinical center
established for purposes of the pilot program shall provide
to members of the Armed Forces--
(1) services similar to the services provided to members of
the Armed Forces by the Deployment Health Clinical Center at
Walter Reed Army Medical Center; and
(2) such other services as the Secretary shall specify for
purposes of the pilot program.
(d) Reports.--
(1) Periodic reports required.--The Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives on a periodic basis a report on the
pilot program.
(2) Elements.--Each report under paragraph (1) shall
include the following, current as of the date of such report:
(A) A description of services provided under the pilot
program, including--
(i) a statement of the number of members of the Armed
Forces provided services under the pilot program;
(ii) a description of the nature and scope of services
provided under the pilot program; and
(iii) an assessment of the extent to which the pilot
program has increased the access of members of the Armed
Forces to such services.
(B) A separate statement of the number of members of the
Armed Forces provided services under the pilot program who
receive such services at a facility or location within 500
miles of the permanent duty station, homeport, or residence
of such members.
(C) An assessment of the satisfaction of members of the
Armed Forces receiving services under the pilot program with
such services.
(D) Such recommendations as the Secretary considers
appropriate for the extension, expansion, or other
modification of the pilot program.
(e) Sunset.--The authority to carry out the pilot program
shall expire on September 30, 2011.

SEC. 954. SCHOLARSHIPS FOR CIVILIAN STUDENTS PURSUING
PROFESSIONAL DEGREES IN MENTAL HEALTH SERVICES.

(a) Scholarships Authorized.--The Secretary of Defense may
award scholarships to covered individuals who enter into an
agreement to serve, upon completion of the program of
education for which the scholarship is awarded, as a mental
health professional in a military medical treatment facility
for not less than one year for each two semesters (or three
academic quarters, as applicable) for which such scholarship
assistance is awarded.
(b) Covered Individuals.--For purposes of this subsection,
a covered individual is any individual not employed by the
Department of Defense who--
(1) is pursuing a professional degree in mental health
services at an institution of higher education approved by
the Secretary for purposes of this section; and
(2) meets such additional qualifications as the Secretary
may prescribe for purposes of this section.
(c) Scholarship Amount.--The amount of the scholarship
awarded a covered individual under this section for a
semester or academic quarter may not exceed an amount equal
to 50 percent of the tuition of the covered individual for
such semester or academic quarter.
(d) Repayment.--
(1) Repayment required.--A covered individual entering into
an agreement under this section who does not complete the
service provided for in the agreement shall repay to the
United States an amount equal to the amount of the
scholarship paid the individual under this section.
(2) Waiver.--The Secretary may waive, whether in whole or
in part, the requirement for repayment of a scholarship under
this subsection under such circumstances as the Secretary
shall prescribe for purposes of this subsection.
(3) Debt to the united states.--An obligation to repay the
United States under this subsection is, for all purposes, a
debt owed the United States. A discharge in bankruptcy under
title 11, United States Code, does not discharge a person
from such debt if the discharge order is entered less than
five years after the date of the termination of service of
the person under an agreement under this section.
(e) Sunset.--The authority of the Secretary to award
scholarships under this section shall expire on the date that
is ten years after the date of the enactment of this Act.
______

SA 2017. Mr. HAGEL submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VI, add the following:

SEC. 656. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR
SERVICE.

(a) Age and Service Requirements.--Subsection (a) of
section 12731 of title 10, United States Code, is amended to
read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed

[[Page S8865]]

under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve, except
that in the case of a person who completed 20 years of
service computed under section 12732 of this title before
October 5, 1994, the number of years of qualifying service
under this subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member
of the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of
service required of a person under subparagraph (A) of
paragraph (1) for entitlement to retired pay as provided in
such paragraph are as follows:

``Age, in years, The minimum years of service required for that age is:
53.................................................................34
54.................................................................32
55.................................................................30
56.................................................................28
57.................................................................26
58.................................................................24
59.................................................................22
60.............................................................20.''.

(b) 20-Year Letter.--Subsection (d) of such section is
amended by striking ``the years of service required for
eligibility for retired pay under this chapter'' in the first
sentence and inserting ``20 years of service computed under
section 12732 of this title''.
(c) Effective Date.--This section and the amendments made
by this subsection (a) shall take effect on the first day of
the first month beginning on or after the date of the
enactment of this Act and shall apply with respect to retired
pay payable for that month and subsequent months.
______

SA 2018. Mr. HAGEL submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VI, add the following:

SEC. 604. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED
FORCES OF ONE-HALF OF ONE PERCENTAGE POINT
HIGHER THAN EMPLOYMENT COST INDEX.

Section 1009(c)(2) of title 37, United States Code, is
amended by striking ``fiscal years 2004, 2005, and 2006'' and
inserting ``fiscal years 2009 through 2012''.
______

SA 2019. Mr. LEVIN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:

TITLE XVI--WOUNDED WARRIOR MATTERS

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Dignified Treatment of
Wounded Warriors Act''.

SEC. 1602. GENERAL DEFINITIONS.

In this title:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Veterans' Affairs
of the Senate; and
(B) the Committees on Armed Services and Veterans' Affairs
of the House of Representatives.
(2) The term ``covered member of the Armed Forces'' means a
member of the Armed Forces, including a member of the
National Guard or a Reserve, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in medical
hold or medical holdover status, or is otherwise on the
temporary disability retired list for a serious injury or
illness.
(3) The term ``family member'', with respect to a member of
the Armed Forces or a veteran, has the meaning given that
term in section 411h(b) of title 37, United States Code.
(4) The term ``medical hold or medical holdover status''
means--
(A) the status of a member of the Armed Forces, including a
member of the National Guard or Reserve, assigned or attached
to a military hospital for medical care; and
(B) the status of a member of a reserve component of the
Armed Forces who is separated, whether pre-deployment or
post-deployment, from the member's unit while in need of
health care based on a medical condition identified while the
member is on active duty in the Armed Forces.
(5) The term ``serious injury or illness'', in the case of
a member of the Armed Forces, means an injury or illness
incurred by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.
(6) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.

Subtitle A--Policy on Care, Management, and Transition of
Servicemembers With Serious Injuries or Illnesses

SEC. 1611. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND
TRANSITION OF MEMBERS OF THE ARMED FORCES WITH
SERIOUS INJURIES OR ILLNESSES.

(a) Comprehensive Policy Required.--
(1) In general.--Not later than January 1, 2008, the
Secretary of Defense and the Secretary of Veterans Affairs
shall, to the extent feasible, jointly develop and implement
a comprehensive policy on the care and management of members
of the Armed Forces who are undergoing medical treatment,
recuperation, or therapy, are otherwise in medical hold or
medical holdover status, or are otherwise on the temporary
disability retired list for a serious injury or illness
(hereafter in this section referred to as a ``covered
servicemembers'').
(2) Scope of policy.--The policy shall cover each of the
following:
(A) The care and management of covered servicemembers while
in medical hold or medical holdover status or on the
temporary disability retired list.
(B) The medical evaluation and disability evaluation of
covered servicemembers.
(C) The return of covered servicemembers to active duty
when appropriate.
(D) The transition of covered servicemembers from receipt
of care and services through the Department of Defense to
receipt of care and services through the Department of
Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the
Secretary of Veterans Affairs shall develop the policy in
consultation with the heads of other appropriate departments
and agencies of the Federal Government and with appropriate
non-governmental organizations having an expertise in matters
relating to the policy.
(4) Update.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly update the policy on a
periodic basis, but not less often than annually, in order to
incorporate in the policy, as appropriate, the results of the
reviews under subsections (b) and (c) and the best practices
identified through pilot programs under section 1654.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy required by
this section, the Secretary of Defense and the Secretary of
Veterans Affairs shall, to the extent necessary, jointly and
separately conduct a review of all policies and procedures of
the Department of Defense and the Department of Veterans
Affairs that apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to
identify the most effective and patient-oriented approaches
to care and management of covered servicemembers for purposes
of--
(A) incorporating such approaches into the policy; and
(B) extending such approaches, where applicable, to care
and management of other injured or ill members of the Armed
Forces and veterans.
(3) Elements.--In conducting the review, the Secretary of
Defense and the Secretary of Veterans Affairs shall--
(A) identify among the policies and procedures described in
paragraph (1) best practices in approaches to the care and
management described in that paragraph;
(B) identify among such policies and procedures existing
and potential shortfalls in such care and management
(including care and management of covered servicemembers on
the temporary disability retired list), and determine means
of addressing any shortfalls so identified;
(C) determine potential modifications of such policies and
procedures in order to ensure consistency and uniformity
among the military departments and the regions of the
Department of Veterans Affairs in their application and
discharge; and
(D) develop recommendations for legislative and
administrative action necessary to implement the results of
the review.
(4) Deadline for completion.--The review shall be completed
not later than 90 days after the date of the enactment of
this Act.
(c) Consideration of Findings, Recommendations, and
Practices.--In developing the policy required by this
section, the Secretary of Defense and the Secretary of
Veterans Affairs shall take into account the following:
(1) The findings and recommendations of applicable studies,
reviews, reports, and evaluations that address matters
relating to the policy, including, but not limited, to the
following:
(A) The Independent Review Group on Rehabilitative Care and
Administrative Processes at Walter Reed Army Medical Center
and National Naval Medical Center appointed by the Secretary
of Defense.
(B) The Secretary of Veterans Affairs Task Force on
Returning Global War on Terror Heroes appointed by the
President.
(C) The President's Commission on Care for America's
Returning Wounded Warriors.
(D) The Veterans' Disability Benefits Commission
established by title XV of the National Defense Authorization
Act for Fiscal

[[Page S8866]]

Year 2004 (Public Law 108-136; 117 Stat. 1676; 38 U.S.C. 1101
note).
(E) The President's Commission on Veterans' Pensions, of
1956, chaired by General Omar N. Bradley.
(F) The Report of the Congressional Commission on
Servicemembers and Veterans Transition Assistance, of 1999,
chaired by Anthony J. Principi.
(G) The President's Task Force to Improve Health Care
Delivery for Our Nation's Veterans, of March 2003.
(2) The experience and best practices of the Department of
Defense and the military departments on matters relating to
the policy.
(3) The experience and best practices of the Department of
Veterans Affairs on matters relating to the policy.
(4) Such other matters as the Secretary of Defense and the
Secretary of Veterans Affairs consider appropriate.
(d) Particular Elements of Policy.--The policy required by
this section shall provide, in particular, the following:
(1) Responsibility for covered servicemembers in medical
hold or medical holdover status or on temporary disability
retired list.--Mechanisms to ensure responsibility for
covered servicemembers in medical hold or medical holdover
status or on the temporary disability retired list, including
the following:
(A) Uniform standards for access of covered servicemembers
to non-urgent health care services from the Department of
Defense or other providers under the TRICARE program, with
such access to be--
(i) for follow-up care, within 2 days of request of care;
(ii) for specialty care, within 3 days of request of care;
(iii) for diagnostic referrals and studies, within 5 days
of request; and
(iv) for surgery based on a physician's determination of
medical necessity, within 14 days of request.
(B) Requirements for the assignment of adequate numbers of
personnel for the purpose of responsibility for and
administration of covered servicemembers in medical hold or
medical holdover status or on the temporary disability
retired list.
(C) Requirements for the assignment of adequate numbers of
medical personnel and non-medical personnel to roles and
responsibilities for caring for and administering covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list, and a description
of the roles and responsibilities of personnel so assigned.
(D) Guidelines for the location of care for covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list, which guidelines
shall address the assignment of such servicemembers to care
and residential facilities closest to their duty station or
home of record or the location of their designated caregiver
at the earliest possible time.
(E) Criteria for work and duty assignments of covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list, including a
prohibition on the assignment of duty to a servicemember
which is incompatible with the servicemember's medical
condition.
(F) Guidelines for the provision of care and counseling for
eligible family members of covered servicemembers in medical
hold or medical holdover status or on the temporary
disability retired list.
(G) Requirements for case management of covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list, including
qualifications for personnel providing such case management.
(H) Requirements for uniform quality of care and
administration for all covered servicemembers in medical hold
or medical holdover status or on the temporary disability
retired list, whether members of the regular components of
the Armed Forces or members of the reserve components of the
Armed Forces.
(I) Standards for the conditions and accessibility of
residential facilities for covered servicemembers in medical
hold or medical holdover status or on the temporary
disability retired list who are in outpatient status, and for
their immediate family members.
(J) Requirements on the provision of transportation and
subsistence for covered servicemembers in medical hold or
medical holdover status or on the temporary disability
retired list, whether in inpatient status or outpatient
status, to facilitate obtaining needed medical care and
services.
(K) Requirements on the provision of educational and
vocational training and rehabilitation opportunities for
covered servicemembers in medical hold or medical holdover
status or on the temporary disability retired list.
(L) Procedures for tracking and informing covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list about medical
evaluation board and physical disability evaluation board
processing.
(M) Requirements for integrated case management of covered
servicemembers in medical hold or medical holdover status or
on the temporary disability retired list during their
transition from care and treatment through the Department of
Defense to care and treatment through the Department of
Veterans Affairs.
(N) Requirements and standards for advising and training,
as appropriate, family members with respect to care for
covered servicemembers in medical hold or medical holdover
status or on the temporary disability retired list with
serious medical conditions, particularly traumatic brain
injury (TBI), burns, and post-traumatic stress disorder
(PTSD).
(O) Requirements for periodic reassessments of covered
servicemembers, and limits on the length of time such
servicemembers may be retained in medical hold or medical
holdover status or on the temporary disability retired list.
(P) Requirements to inform covered servicemembers and their
family members of their rights and responsibilities while in
medical hold or medical holdover status or on the temporary
disability retired list.
(Q) The requirement to establish a Department of Defense-
wide Ombudsman Office within the Office of the Secretary of
Defense to provide oversight of the ombudsman offices in the
military departments and policy guidance to such offices with
respect to providing assistance to, and answering questions
from, covered servicemembers and their families.
(2) Medical evaluation and physical disability evaluation
for covered servicemembers.--
(A) Medical evaluations.--Processes, procedures, and
standards for medical evaluations of covered servicemembers,
including the following:
(i) Processes for medical evaluations of covered
servicemembers that are--

(I) applicable uniformly throughout the military
departments; and
(II) applicable uniformly with respect to such
servicemembers who are members of the regular components of
the Armed Forces and such servicemembers who are members of
the National Guard and Reserve.

(ii) Standard criteria and definitions for determining the
achievement for covered servicemembers of the maximum medical
benefit from treatment and rehabilitation.
(iii) Standard timelines for each of the following:

(I) Determinations of fitness for duty of covered
servicemembers.
(II) Specialty consultations for covered servicemembers.
(III) Preparation of medical documents for covered
servicemembers.
(IV) Appeals by covered servicemembers of medical
evaluation determinations, including determinations of
fitness for duty.

(iv) Uniform standards for qualifications and training of
medical evaluation board personnel, including physicians,
case workers, and physical disability evaluation board
liaison officers, in conducting medical evaluations of
covered servicemembers.
(v) Standards for the maximum number of medical evaluation
cases of covered servicemembers that are pending before a
medical evaluation board at any one time, and requirements
for the establishment of additional medical evaluation boards
in the event such number is exceeded.
(vi) Uniform standards for information for covered
servicemembers, and their families, on the medical evaluation
board process and the rights and responsibilities of such
servicemembers under that process, including a standard
handbook on such information.
(B) Physical disability evaluations.--Processes,
procedures, and standards for physical disability evaluations
of covered servicemembers, including the following:
(i) A non-adversarial process of the Department of Defense
and the Department of Veterans Affairs for disability
determinations of covered servicemembers.
(ii) To the extent feasible, procedures to eliminate
unacceptable discrepancies among disability ratings assigned
by the military departments and the Department of Veterans
Affairs, particularly in the disability evaluation of covered
servicemembers, which procedures shall be subject to the
following requirements and limitations:

(I) Such procedures shall apply uniformly with respect to
covered servicemembers who are members of the regular
components of the Armed Forces and covered servicemembers who
are members of the National Guard and Reserve.
(II) Under such procedures, each Secretary of a military
department shall, to the extent feasible, utilize the
standard schedule for rating disabilities in use by the
Department of Veterans Affairs, including any applicable
interpretation of such schedule by the United States Court of
Appeals for Veterans Claims, in making any determination of
disability of a covered servicemember.

(iii) Standard timelines for appeals of determinations of
disability of covered servicemembers, including timelines for
presentation, consideration, and disposition of appeals.
(iv) Uniform standards for qualifications and training of
physical disability evaluation board personnel in conducting
physical disability evaluations of covered servicemembers.
(v) Standards for the maximum number of physical disability
evaluation cases of covered servicemembers that are pending
before a physical disability evaluation board at any one
time, and requirements for the establishment of additional
physical disability evaluation boards in the event such
number is exceeded.
(vi) Procedures for the provision of legal counsel to
covered servicemembers while undergoing evaluation by a
physical disability evaluation board.

[[Page S8867]]

(vii) Uniform standards on the roles and responsibilities
of case managers, servicemember advocates, and judge
advocates assigned to covered servicemembers undergoing
evaluation by a physical disability board, and uniform
standards on the maximum number of cases involving such
servicemembers that are to be assigned to such managers and
advocates.
(C) Return of covered servicemembers to active duty.--
Standards for determinations by the military departments on
the return of covered servicemembers to active duty in the
Armed Forces.
(D) Transition of covered servicemembers from dod to va.--
Processes, procedures, and standards for the transition of
covered servicemembers from care and treatment by the
Department of Defense to care and treatment by the Department
of Veterans Affairs before, during, and after separation from
the Armed Forces, including the following:
(i) A uniform, patient-focused policy to ensure that the
transition occurs without gaps in medical care and the
quality of medical care, benefits, and services.
(ii) Procedures for the identification and tracking of
covered servicemembers during the transition, and for the
coordination of care and treatment of such servicemembers
during the transition, including a system of cooperative case
management of such servicemembers by the Department of
Defense and the Department of Veterans Affairs during the
transition.
(iii) Procedures for the notification of Department of
Veterans Affairs liaison personnel of the commencement by
covered servicemembers of the medical evaluation process and
the physical disability evaluation process.
(iv) Procedures and timelines for the enrollment of covered
servicemembers in applicable enrollment or application
systems of the Department of Veterans with respect to health
care, disability, education, vocational rehabilitation, or
other benefits.
(v) Procedures to ensure the access of covered
servicemembers during the transition to vocational,
educational, and rehabilitation benefits available through
the Department of Veterans Affairs.
(vi) Standards for the optimal location of Department of
Defense and Department of Veterans Affairs liaison and case
management personnel at military medical treatment
facilities, medical centers, and other medical facilities of
the Department of Defense.
(vii) Standards and procedures for integrated medical care
and management for covered servicemembers during the
transition, including procedures for the assignment of
medical personnel of the Department of Veterans Affairs to
Department of Defense facilities to participate in the needs
assessments of such servicemembers before, during, and after
their separation from military service.
(viii) Standards for the preparation of detailed plans for
the transition of covered servicemembers from care and
treatment by the Department of Defense to care and treatment
by the Department of Veterans Affairs, which plans shall be
based on standardized elements with respect to care and
treatment requirements and other applicable requirements.
(E) Other matters.--The following additional matters with
respect to covered servicemembers:
(i) Access by the Department of Veterans Affairs to the
military health records of covered servicemembers who are
receiving care and treatment, or are anticipating receipt of
care and treatment, in Department of Veterans Affairs health
care facilities.
(ii) Requirements for utilizing, in appropriate cases, a
single physical examination that meets requirements of both
the Department of Defense and the Department of Veterans
Affairs for covered servicemembers who are being retired,
separated, or released from military service.
(iii) Surveys and other mechanisms to measure patient and
family satisfaction with the provision by the Department of
Defense and the Department of Veterans Affairs of care and
services for covered servicemembers, and to facilitate
appropriate oversight by supervisory personnel of the
provision of such care and services.
(e) Reports.--
(1) Report on policy.--Upon the development of the policy
required by this section but not later than January 1, 2008,
the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report on the policy, including a comprehensive
and detailed description of the policy and of the manner in
which the policy addresses the findings and recommendations
of the reviews under subsections (b) and (c).
(2) Reports on update.--Upon updating the policy under
subsection (a)(4), the Secretary of Defense and the Secretary
of Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the update of the policy,
including a comprehensive and detailed description of such
update and of the reasons for such update.
(f) Comptroller General Assessment of Implementation.--Not
later than six months after the date of the enactment of this
Act and every year thereafter, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report setting forth the assessment of the
Comptroller General of the progress of the Secretary of
Defense and the Secretary of Veterans Affairs in developing
and implementing the policy required by this section.

SEC. 1612. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE
ARMED FORCES AND VETERANS.

(a) In General.--In developing and implementing the policy
required by section 1611, and in otherwise carrying out any
other provision of this title or any amendment made by this
title, the Secretary of Defense and the Secretary of Veterans
Affairs shall take into account and fully address any unique
specific needs of women members of the Armed Forces and women
veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this
title or an amendment made by this title, the Secretary of
Defense and the Secretary of Veterans Affairs shall, to the
extent applicable, include a description of the manner in
which the matters covered by such report address the unique
specific needs of women members of the Armed Forces and women
veterans.

Subtitle B--Health Care

PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS

SEC. 1621. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE
INJURIES OR ILLNESSES.

(a) Medical and Dental Care for Members and Former
Members.--
(1) In general.--Effective as of the date of the enactment
of this Act and subject to regulations prescribed by the
Secretary of Defense, any covered member of the Armed Forces,
and any former member of the Armed Forces, with a severe
injury or illness is entitled to medical and dental care in
any facility of the uniformed services under section 1074(a)
of title 10, United States Code, or through any civilian
health care provider authorized by the Secretary to provide
health and mental health services to members of the uniformed
services, including traumatic brain injury (TBI) and post-
traumatic stress disorder (PTSD), as if such member or former
member were a member of the uniformed services described in
paragraph (2) of such section who is entitled to medical and
dental care under such section.
(2) Period of authorized care.--(A) Except as provided in
subparagraph (B), a member or former member described in
paragraph (1) is entitled to care under that paragraph--
(i) in the case of a member or former member whose severe
injury or illness concerned is incurred or aggravated during
the period beginning on October 7, 2001, and ending on the
date of the enactment of this Act, during the three-year
period beginning on the date of the enactment of this Act,
except that no compensation is payable by reason of this
subsection for any period before the date of the enactment of
this Act; or
(ii) in the case of a member or former member whose severe
injury or illness concerned is incurred or aggravated on or
after the date of the enactment of this Act, during the
three-year period beginning on the date on which such injury
or illness is so incurred or aggravated.
(B) The period of care authorized for a member or former
member under this paragraph may be extended by the Secretary
concerned for an additional period of up to two years if the
Secretary concerned determines that such extension is
necessary to assure the maximum feasible recovery and
rehabilitation of the member or former member. Any such
determination shall be made on a case-by-case basis.
(3) Integrated care management.--The Secretary of Defense
shall provide for a program of integrated care management in
the provision of care and services under this subsection,
which management shall be provided by appropriate medical and
case management personnel of the Department of Defense and
the Department of Veterans Affairs (as approved by the
Secretary of Veterans Affairs) and with appropriate support
from the Department of Defense regional health care support
contractors.
(4) Waiver of limitations to maximize care.--The Secretary
of Defense may, in providing medical and dental care to a
member or former member under this subsection during the
period referred to in paragraph (2), waive any limitation
otherwise applicable under chapter 55 of title 10, United
States Code, to the provision of such care to the member or
former member if the Secretary considers the waiver
appropriate to assure the maximum feasible recovery and
rehabilitation of the member or former member.
(5) Construction with eligibility for veterans benefits.--
Nothing in this subsection shall be construed to reduce,
alter, or otherwise affect the eligibility or entitlement of
a member or former member of the Armed Forces to any health
care, disability, or other benefits to which the member of
former member would otherwise be eligible or entitled as a
veteran under the laws administered by the Secretary of
Veterans Affairs.
(6) Sunset.--The Secretary of Defense may not provide
medical or dental care to a member or former member of the
Armed Forces under this subsection after December 31, 2012,
if the Secretary has not provided medical or dental care to
the member or former member under this subsection before that
date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the enactment
of this Act, a member of the Armed Forces with a severe
injury or illness

[[Page S8868]]

is entitled to such benefits (including rehabilitation and
vocational benefits, but not including compensation) from the
Secretary of Veterans Affairs to facilitate the recovery and
rehabilitation of such member as the Secretary otherwise
provides to members of the Armed Forces receiving medical
care in medical facilities of the Department of Veterans
Affairs facilities in order to facilitate the recovery and
rehabilitation of such members.
(2) Limitations.--The provisions of paragraphs (2) through
(6) of subsection (a) shall apply to the provision of
benefits under this subsection as if the benefits provided
under this subsection were provided under subsection (a).
(3) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of Veterans Affairs for the cost of
any benefits provided under this subsection in accordance
with applicable mechanisms for the reimbursement of the
Secretary of Veterans Affairs for the provision of medical
care to members of the Armed Forces.
(c) Recovery of Certain Expenses of Medical Care and
Related Travel.--
(1) In general.--Commencing not later than 60 days after
the date of the enactment of this Act, the Secretary of the
military department concerned may reimburse covered members
of the Armed Forces, and former members of the Armed Forces,
with a severe injury or illness for covered expenses incurred
by such members or former members, or their family members,
in connection with the receipt by such members or former
members of medical care that is required for such injury or
illness.
(2) Covered expenses.--Expenses for which reimbursement may
be made under paragraph (1) include the following:
(A) Expenses for health care services for which coverage
would be provided under section 1074(c) of title 10, United
States Code, for members of the uniformed services on active
duty.
(B) Expenses of travel of a non-medical attendant who
accompanies a member or former member of the Armed Forces for
required medical care that is not available to such member or
former member locally, if such attendant is appointed for
that purpose by a competent medical authority (as determined
under regulations prescribed by the Secretary of Defense for
purposes of this subsection).
(C) Such other expenses for medical care as the Secretary
may prescribe for purposes of this subsection.
(3) Amount of reimbursement.--The amount of reimbursement
under paragraph (1) for expenses covered by paragraph (2)
shall be determined in accordance with regulations prescribed
by the Secretary of Defense for purposes of this subsection.
(d) Severe Injury or Illness Defined.--In this section, the
term ``severe injury or illness'' means any serious injury or
illness that is assigned a disability rating of 30 percent or
higher under the schedule for rating disabilities in use by
the Department of Defense.

PART II--CARE AND SERVICES FOR DEPENDENTS

SEC. 1626. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR
FAMILIES OF MEMBERS OF THE ARMED FORCES
RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.

(a) Medical Care.--
(1) In general.--A family member of a covered member of the
Armed Forces who is not otherwise eligible for medical care
at a military medical treatment facility or at medical
facilities of the Department of Veterans Affairs shall be
eligible for such care at such facilities, on a space-
available basis, if the family member is--
(A) on invitational orders while caring for the covered
member of the Armed Forces;
(B) a non-medical attendee caring for the covered member of
the Armed Forces; or
(C) receiving per diem payments from the Department of
Defense while caring for the covered member of the Armed
Forces.
(2) Specification of family members.--Notwithstanding
section 1602(3), the Secretary of Defense and the Secretary
of Veterans Affairs shall jointly prescribe in regulations
the family members of covered members of the Armed Forces who
shall be considered to be a family member of a covered member
of the Armed Forces for purposes of paragraph (1).
(3) Specification of care.--(A) The Secretary of Defense
shall prescribe in regulations the medical care and
counseling that shall be available to family members under
paragraph (1) at military medical treatment facilities.
(B) The Secretary of Veterans Affairs shall prescribe in
regulations the medical care and counseling that shall be
available to family members under paragraph (1) at medical
facilities of the Department of Veterans Affairs.
(4) Recovery of costs.--The United States may recover the
costs of the provision of medical care and counseling under
paragraph (1) as follows (as applicable):
(A) From third-party payers, in the same manner as the
United States may collect costs of the charges of health care
provided to covered beneficiaries from third-party payers
under section 1095 of title 10, United States Code.
(B) As if such care and counseling was provided under the
authority of section 1784 of title 38, United States Code.
(b) Job Placement Services.--A family member who is on
invitational orders or is a non-medical attendee while caring
for a covered member of the Armed Forces for more than 45
days during a one-year period shall be eligible for job
placement services otherwise offered by the Department of
Defense.
(c) Report on Need for Additional Services.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the assessment of
the Secretary of the need for additional employment services,
and of the need for employment protection, of family members
described in subsection (b) who are placed on leave from
employment or otherwise displaced from employment while
caring for a covered member of the Armed Forces as described
in that subsection.

PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

SEC. 1631. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS,
MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN
INJURY AND POST-TRAUMATIC STRESS DISORDER IN
MEMBERS OF THE ARMED FORCES.

(a) Plans Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretary of Veterans Affairs,
submit to the congressional defense committees one or more
comprehensive plans for programs and activities of the
Department of Defense to prevent, diagnose, mitigate, treat,
and otherwise respond to traumatic brain injury (TBI) and
post-traumatic stress disorder (PTSD) in members of the Armed
Forces.
(b) Elements.--Each plan submitted under subsection (a)
shall include comprehensive proposals of the Department on
the following:
(1) The designation by the Secretary of Defense of a lead
agent or executive agent for the Department to coordinate
development and implementation of the plan.
(2) The improvement of personnel protective equipment for
members of the Armed Forces in order to prevent traumatic
brain injury.
(3) The improvement of methods and mechanisms for the
detection and treatment of traumatic brain injury and post-
traumatic stress disorder in members of the Armed Forces in
the field.
(4) The requirements for research on traumatic brain injury
and post-traumatic stress disorder, including (in particular)
research on pharmacological approaches to treatment for
traumatic brain injury or post-traumatic stress disorder, as
applicable, and the allocation of priorities among such
research.
(5) The development, adoption, and deployment of diagnostic
criteria for the detection and evaluation of the range of
traumatic brain injury and post-traumatic stress disorder in
members of the Armed Forces, which criteria shall be employed
uniformly across the military departments in all applicable
circumstances, including provision of clinical care and
assessment of future deployability of members of the Armed
Forces.
(6) The development and deployment of effective means of
assessing traumatic brain injury and post-traumatic stress
disorder in members of the Armed Forces, including a system
of pre-deployment and post-deployment screenings of cognitive
ability in members for the detection of cognitive impairment,
as required by the amendments made by section 222.
(7) The development and deployment of effective means of
managing and monitoring members of the Armed Forces with
traumatic brain injury or post-traumatic stress disorder in
the receipt of care for traumatic brain injury or post-
traumatic stress disorder, as applicable, including the
monitoring and assessment of treatment and outcomes.
(8) The development and deployment of an education and
awareness training initiative designed to reduce the negative
stigma associated with traumatic brain injury, post-traumatic
stress disorder, and mental health treatment.
(9) The provision of education and outreach to families of
members of the Armed Forces with traumatic brain injury or
post-traumatic stress disorder on a range of matters relating
to traumatic brain injury or post-traumatic stress disorder,
as applicable, including detection, mitigation, and
treatment.
(10) The assessment of the current capabilities of the
Department for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury and
post-traumatic stress disorder in members of the Armed
Forces.
(11) The identification of gaps in current capabilities of
the Department for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury and
post-traumatic stress disorder in members of the Armed
Forces.
(12) The identification of the resources required for the
Department in fiscal years 2009 thru 2013 to address the gaps
in capabilities identified under paragraph (11).
(13) The development of joint planning among the Department
of Defense, the military departments, and the Department of
Veterans Affairs for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury and
post-traumatic stress disorder in members of the Armed
Forces, including planning for the seamless transition of
such members from care through the Department of Defense care
through the Department of Veterans Affairs.

[[Page S8869]]

(14) A requirement that exposure to a blast or blasts be
recorded in the records of members of the Armed Forces.
(15) The development of clinical practice guidelines for
the diagnosis and treatment of blast injuries in members of
the Armed Forces, including, but not limited to, traumatic
brain injury.
(c) Coordination in Development.--Each plan submitted under
subsection (a) shall be developed in coordination with the
Secretary of the Army (who was designated by the Secretary of
Defense as executive agent for the prevention, mitigation,
and treatment of blast injuries under section 256 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)).
(d) Additional Activities.--In carrying out programs and
activities for the prevention, diagnosis, mitigation, and
treatment of traumatic brain injury and post-traumatic stress
disorder in members of the Armed Forces, the Secretary of
Defense shall--
(1) examine the results of the recently completed Phase 2
study, funded by the National Institutes of Health, on the
use of progesterone for acute traumatic brain injury;
(2) determine if Department of Defense funding for a Phase
3 clinical trial on the use of progesterone for acute
traumatic brain injury, or for further research regarding the
use of progesterone or its metabolites for treatment of
traumatic brain injury, is warranted; and
(3) provide for the collaboration of the Department of
Defense, as appropriate, in clinical trials and research on
pharmacological approaches to treatment for traumatic brain
injury and post-traumatic stress disorder that is conducted
by other departments and agencies of the Federal Government.

SEC. 1632. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS
OF THE ARMED FORCES DEPLOYED OVERSEAS.

(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section 1074f of
title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) An assessment of post-traumatic stress disorder.'';
and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall establish for purposes of
subparagraphs (B) and (C) of paragraph (2) a protocol for the
predeployment assessment and documentation of the cognitive
(including memory) functioning of a member who is deployed
outside the United States in order to facilitate the
assessment of the postdeployment cognitive (including memory)
functioning of the member.
``(B) The protocol under subparagraph (A) shall include
appropriate mechanisms to permit the differential diagnosis
of traumatic brain injury in members returning from
deployment in a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol
required by paragraph (3) of section 1074f(b) of title 10,
United States Code (as amended by paragraph (1) of this
subsection), for purposes of assessments for traumatic brain
injury, the Secretary of Defense shall conduct up to three
pilot projects to evaluate various mechanisms for use in the
protocol for such purposes. One of the mechanisms to be so
evaluated shall be a computer-based assessment tool.
(B) Not later than 60 days after the completion of the
pilot projects conducted under this paragraph, the Secretary
shall submit to the appropriate committees of Congress a
report on the pilot projects. The report shall include--
(i) a description of the pilot projects so conducted;
(ii) an assessment of the results of each such pilot
project; and
(iii) a description of any mechanisms evaluated under each
such pilot project that will incorporated into the protocol.
(C) Not later than 180 days after completion of the pilot
projects conducted under this paragraph, the Secretary shall
establish a mechanism for implementing any mechanism
evaluated under such a pilot project that is selected for
incorporation in the protocol.
(D) There is hereby authorized to be appropriated to the
Department of Defense, $3,000,000 for the pilot projects
authorized by this paragraph. Of the amount so authorized to
be appropriated, not more than $1,000,000 shall be available
for any particular pilot project.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The diagnosis and treatment of traumatic brain injury
and post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such
section is amended--
(1) in the subsection heading, by striking ``Mental
Health''; and
(2) in paragraph (2)(B), by striking ``or'' and inserting
``, traumatic brain injury, or''.

SEC. 1633. CENTERS OF EXCELLENCE IN THE PREVENTION,
DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF TRAUMATIC BRAIN INJURY AND
POST-TRAUMATIC STRESS DISORDER.

(a) Center of Excellence on Traumatic Brain Injury.--
Chapter 55 of title 10, United States Code, is amended by
inserting after section 1105 the following new section:

``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic
Brain Injury

``(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury (TBI), including
mild, moderate, and severe traumatic brain injury, to carry
out the responsibilities specified in subsection (c). The
center shall be known as a `Center of Excellence in
Prevention, Diagnosis, Mitigation, Treatment, and
Rehabilitation of Traumatic Brain Injury'.
``(b) Partnerships.--The Secretary shall authorize the
Center to enter into such partnerships, agreements, or other
arrangements as the Secretary considers appropriate with the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
``(c) Responsibilities.--The Center shall have
responsibilities as follows:
``(1) To direct and oversee, based on expert research, the
development and implementation of a long-term, comprehensive
plan and strategy for the Department of Defense for the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury.
``(2) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of traumatic brain injury.
``(3) To provide guidance for the mental health system of
the Department in determining the mental health and
neurological health personnel required to provide quality
mental health care for members of the armed forces with
traumatic brain injury.
``(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of traumatic
brain injury.
``(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of traumatic brain
injury.
``(6) To disseminate within the military medical treatment
facilities of the Department best practices for training
mental health professionals, including neurological health
professionals, with respect to traumatic brain injury.
``(7) To conduct basic science and translational research
on traumatic brain injury for the purposes of understanding
the etiology of traumatic brain injury and developing
preventive interventions and new treatments.
``(8) To develop outreach strategies and treatments for
families of members of the armed forces with traumatic brain
injury in order to mitigate the negative impacts of traumatic
brain injury on such family members and to support the
recovery of such members from traumatic brain injury.
``(9) To conduct research on the unique mental health needs
of women members of the armed forces with traumatic brain
injury and develop treatments to meet any needs identified
through such research.
``(10) To conduct research on the unique mental health
needs of ethnic minority members of the armed forces with
traumatic brain injury and develop treatments to meet any
needs identified through such research.
``(11) To conduct research on the mental health needs of
families of members of the armed forces with traumatic brain
injury and develop treatments to meet any needs identified
through such research.
``(12) To conduct longitudinal studies (using imaging
technology and other proven research methods) on members of
the armed forces with traumatic brain injury to identify
early signs of Alzheimer's disease, Parkinson's disease, or
other manifestations of neurodegeneration in such members,
which studies should be conducted in coordination with the
studies authorized by section 721 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2294) and other studies of the Department
of Defense and the Department of Veterans Affairs that
address the connection between exposure to combat and the
development of Alzheimer's disease, Parkinson's disease, and
other neurodegenerative disorders.
``(13) To develop and oversee a long-term plan to increase
the number of mental health and neurological health
professionals within the Department in order to facilitate
the meeting by the Department of the needs of members of the
armed forces with traumatic brain injury until their
transition to care and treatment from the Department of
Veterans Affairs.
``(14) Such other responsibilities as the Secretary shall
specify.''.
(b) Center of Excellence on Post-Traumatic Stress
Disorder.--Chapter 55 of such title is further amended by
inserting after section 1105a, as added by subsection (a),
the following new section:

``Sec. 1105b. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Post-Traumatic
Stress Disorder

``(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder (PTSD),
including mild, moderate, and severe post-traumatic stress
disorder, to carry out the responsibilities specified in
subsection (c). The center shall be known as

[[Page S8870]]

a `Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Post-Traumatic Stress
Disorder'.
``(b) Partnerships.--The Secretary shall authorize the
Center to enter into such partnerships, agreements, or other
arrangements as the Secretary considers appropriate with the
National Center for Post-Traumatic Stress Disorder of the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
``(c) Responsibilities.--The Center shall have
responsibilities as follows:
``(1) To direct and oversee, based on expert research, the
development and implementation of a long-term, comprehensive
plan and strategy for the Department of Defense for the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder.
``(2) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of post-traumatic stress disorder.
``(3) To provide guidance for the mental health system of
the Department in determining the mental health and
neurological health personnel required to provide quality
mental health care for members of the armed forces with post-
traumatic stress disorder.
``(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of post-
traumatic stress disorder.
``(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of post-traumatic
stress disorder.
``(6) To disseminate within the military medical treatment
facilities of the Department best practices for training
mental health professionals, including neurological health
professionals, with respect to post-traumatic stress
disorder.
``(7) To conduct basic science and translational research
on post-traumatic stress disorder for the purposes of
understanding the etiology of post-traumatic stress disorder
and developing preventive interventions and new treatments.
``(8) To develop outreach strategies and treatments for
families of members of the armed forces with post-traumatic
stress disorder in order to mitigate the negative impacts of
traumatic brain injury on such family members and to support
the recovery of such members from post-traumatic stress
disorder.
``(9) To conduct research on the unique mental health needs
of women members of the armed forces, including victims of
sexual assault, with post-traumatic stress disorder and
develop treatments to meet any needs identified through such
research.
``(10) To conduct research on the unique mental health
needs of ethnic minority members of the armed forces with
post-traumatic stress disorder and develop treatments to meet
any needs identified through such research.
``(11) To conduct research on the mental health needs of
families of members of the armed forces with post-traumatic
stress disorder and develop treatments to meet any needs
identified through such research.
``(12) To develop and oversee a long-term plan to increase
the number of mental health and neurological health
professionals within the Department in order to facilitate
the meeting by the Department of the needs of members of the
armed forces with post-traumatic stress disorder until their
transition to care and treatment from the Department of
Veterans Affairs.
``(13) Such other responsibilities as the Secretary shall
specify.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1105 the following new
items:
``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Traumatic Brain Injury.
``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Post-Traumatic Stress
Disorder.''.
(d) Report on Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the
establishment of the Center of Excellence in Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of
Traumatic Brain Injury required by section 1105a of title 10,
United States Code (as added by subsection (a)), and the
establishment of the Center of Excellence in Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-
Traumatic Stress Disorder required by section 1105b of title
10, United States Code (as added by subsection (b)). The
report shall, for each such Center--
(1) describe in detail the activities and proposed
activities of such Center; and
(2) assess the progress of such Center in discharging the
responsibilities of such Center.
(e) Authorization of Appropriations.--There is hereby
authorized to be appropriated for fiscal year 2008 for the
Department of Defense for Defense Health Program,
$10,000,000, of which--
(1) $5,000,000 shall be available for the Center of
Excellence in Prevention, Diagnosis, Mitigation, Treatment,
and Rehabilitation of Traumatic Brain Injury required by
section 1105a of title 10, United States Code; and
(2) $5,000,000 shall be available for the Center of
Excellence in Prevention, Diagnosis, Mitigation, Treatment,
and Rehabilitation of Post-Traumatic Stress Disorder required
by section 1105b of title 10, United States Code.

SEC. 1634. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR
FEMALE MEMBERS OF THE ARMED FORCES AND
VETERANS.

(a) Comprehensive Review.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly conduct a
comprehensive review of--
(1) the need for mental health treatment and services for
female members of the Armed Forces and veterans; and
(2) the efficacy and adequacy of existing mental health
treatment programs and services for female members of the
Armed Forces and veterans.
(b) Elements.--The review required by subsection (a) shall
include, but not be limited to, an assessment of the
following:
(1) The need for mental health outreach, prevention, and
treatment services specifically for female members of the
Armed Forces and veterans.
(2) The access to and efficacy of existing mental health
outreach, prevention, and treatment services and programs
(including substance abuse programs) for female veterans who
served in a combat zone.
(3) The access to and efficacy of services and treatment
for female members of the Armed Forces and veterans who
experience post-traumatic stress disorder (PTSD).
(4) The availability of services and treatment for female
members of the Armed Forces and veterans who experienced
sexual assault or abuse.
(5) The access to and need for treatment facilities
focusing on the mental health care needs of female members of
the Armed Forces and veterans.
(6) The need for further clinical research on the unique
needs of female veterans who served in a combat zone.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the review
required by subsection (a).
(d) Policy Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly develop a
comprehensive policy to address the treatment and care needs
of female members of the Armed Forces and veterans who
experience mental health problems and conditions, including
post-traumatic stress disorder. The policy shall take into
account and reflect the results of the review required by
subsection (a).

SEC. 1635. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND
REHABILITATION OF MEMBERS OF THE ARMED FORCES
WITH TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC
STRESS DISORDER.

(a) Authorization of Appropriations.--
(1) In general.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the Department of
Defense for Defense Health Program in the amount of
$50,000,000, with such amount to be available for activities
as follows:
(A) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with post-traumatic stress disorder (PTSD).
(2) Availability of amount.--Of the amount authorized to be
appropriated by paragraph (1), $17,000,000 shall be available
for the Defense and Veterans Brain Injury Center of the
Department of Defense.
(b) Supplement Not Supplant.--The amount authorized to be
appropriated by subsection (a) for Defense Health Program is
in addition to any other amounts authorized to be
appropriated by this Act for Defense Health Program.

SEC. 1636. REPORTS.

(a) Reports on Implementation of Certain Requirements.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing the
progress in implementing the requirements as follows:
(1) The requirements of section 721 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2294), relating to a
longitudinal study on traumatic brain injury incurred by
members of the Armed Forces in Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) The requirements arising from the amendments made by
section 738 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (120 Stat. 2303), relating to
enhanced mental health screening and services for members of
the Armed Forces.
(3) The requirements of section 741 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (120
Stat. 2304), relating to pilot projects on early diagnosis
and treatment of post-traumatic stress disorder and other
mental health conditions.
(b) Annual Reports on Expenditures for Activities on Tbi
and Ptsd.--

[[Page S8871]]

(1) Reports required.--Not later than March 1, 2008, and
each year thereafter through 2013, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the amounts expended by the Department of
Defense during the preceding calendar year on activities
described in paragraph (2), including the amount allocated
during such calendar year to the Defense and Veterans Brain
Injury Center of the Department.
(2) Covered activities.--The activities described in this
paragraph are activities as follows:
(A) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with post-traumatic stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1) shall
include--
(A) a description of the amounts expended as described in
that paragraph, including a description of the activities for
which expended;
(B) a description and assessment of the outcome of such
activities;
(C) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of traumatic brain injury in
members of the Armed Forces during the year in which such
report is submitted and in future calendar years;
(D) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of post-traumatic stress
disorder in members of the Armed Forces during the year in
which such report is submitted and in future calendar years;
and
(E) an assessment of the progress made toward achieving the
priorities stated in subparagraphs (C) and (D) in the report
under paragraph (1) in the previous year, and a description
of any actions planned during the year in which such report
is submitted to achieve any unfulfilled priorities during
such year.

PART IV--OTHER MATTERS

SEC. 1641. JOINT ELECTRONIC HEALTH RECORD FOR THE DEPARTMENT
OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly--
(1) develop and implement a joint electronic health record
for use by the Department of Defense and the Department of
Veterans Affairs; and
(2) accelerate the exchange of health care information
between the Department of Defense and the Department of
Veterans Affairs in order to support the delivery of health
care by both Departments.
(b) Department of Defense-Department of Veterans Affairs
Interagency Program Office for a Joint Electronic Health
Record.--
(1) In general.--There is hereby established a joint
element of the Department of Defense and the Department of
Veterans Affairs to be known as the ``Department of Defense-
Department of Veterans Affairs Interagency Program Office for
a Joint Electronic Health Record'' (in this section referred
to as the ``Office'').
(2) Purposes.--The purposes of the Office shall be as
follows:
(A) To act as a single point of accountability for the
Department of Defense and the Department of Veterans Affairs
in the rapid development, test, and implementation of a joint
electronic health record for use by the Department of Defense
and the Department of Veterans Affairs.
(B) To accelerate the exchange of health care information
between Department of Defense and the Department of Veterans
Affairs in order to support the delivery of health care by
both Departments.
(c) Leadership.--
(1) Director.--The Director of the Department of Defense-
Department of Veterans Affairs Interagency Program Office for
a Joint Electronic Health Record shall be the head of the
Office.
(2) Deputy director.--The Deputy Director of the Department
of Defense-Department of Veterans Affairs Interagency Program
Office for a Joint Electronic Health Record shall be the
deputy head of the office and shall assist the Director in
carrying out the duties of the Director.
(3) Appointments.--(A) The Director shall be appointed by
the Secretary of Defense, with the concurrence of the
Secretary of Veterans Affairs, from among employees of the
Department of Defense and the Department of Veterans Affairs
in the Senior Executive Service who are qualified to direct
the development and acquisition of major information
technology capabilities.
(B) The Deputy Director shall be appointed by the Secretary
of Veterans Affairs, with the concurrence of the Secretary of
Defense, from among employees of the Department of Defense
and the Department of Veterans Affairs in the Senior
Executive Service who are qualified to direct the development
and acquisition of major information technology capabilities.
(4) Additional guidance.--In addition to the direction,
supervision, and control provided by the Secretary of Defense
and the Secretary of Veterans Affairs, the Office shall also
receive guidance from the Department of Veterans Affairs-
Department of Defense Joint Executive Committee under section
320 of title 38, United States Code, in the discharge of the
functions of the Office under this section.
(5) Testimony.--Upon request by any of the appropriate
committees of Congress, the Director and the Deputy Director
shall testify before such committee regarding the discharge
of the functions of the Office under this section.
(d) Function.--The function of the Office shall be to
develop and prepare for deployment, by not later than
September 30, 2010, a joint electronic health record to be
utilized by both the Department of Defense and the Department
of Veterans Affairs in the provision of medical care and
treatment to members of the Armed Forces and veterans, which
health record shall comply with applicable interoperability
standards, implementation specifications, and certification
criteria (including for the reporting of quality measures) of
the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
establish a schedule and benchmarks for the discharge by the
Office of its function under this section, including each of
the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment of the
requirements for the joint electronic health record described
in subsection (d), including coordination with the Office of
the National Coordinator for Health Information Technology in
the development of a nationwide interoperable health
information technology infrastructure.
(3) A schedule and associated deadlines for any acquisition
and testing required in the development and deployment of the
joint electronic health record.
(4) A schedule and associated deadlines and requirements
for the deployment of the joint electronic health record.
(5) Proposed funding for the Office for each of fiscal
years 2009 through 2013 for the discharge of its function.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in the
discharge of its function under this section, the Secretary
of Defense and the Secretary of Veterans Affairs may, acting
jointly, carry out one or more pilot projects to assess the
feasability and advisability of various technological
approaches to the achievement of the joint electronic health
record described in subsection (d).
(2) Treatment as single health care system.--For purposes
of each pilot project carried out under this subsection, the
health care system of the Department of Defense and the
health care system of the Department of Veterans Affairs
shall be treated as a single health care system for purposes
of the regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note).
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall assign to the Office such personnel
and other resources of the Department of Defense and the
Department of Veterans Affairs as are required for the
discharge of its function under this section.
(2) Additional services.--Subject to the approval of the
Secretary of Defense and the Secretary of Veterans Affairs,
the Director may utilize the services of private individuals
and entities as consultants to the Office in the discharge of
its function under this section. Amounts available to the
Office shall be available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009, and each
year thereafter through 2014, the Director shall submit to
the Secretary of Defense and the Secretary of Veterans
Affairs, and to the appropriate committees of Congress, a
report on the activities of the Office during the preceding
calendar year. Each report shall include, for the year
covered by such report, the following:
(A) A detailed description of the activities of the Office,
including a detailed description of the amounts expended and
the purposes for which expended.
(B) An assessment of the progress made by the Department of
Defense and the Department of Veterans Affairs in the
development and implementation of the joint electronic health
record described in subsection (d).
(2) Availability to public.--The Secretary of Defense and
the Secretary of Veterans Affairs shall make available to the
public each report submitted under paragraph (1), including
by posting such report on the Internet website of the
Department of Defense and the Department of Veterans Affairs,
respectively, that is available to the public.
(i) Comptroller General Assessment of Implementation.--Not
later than six months after the date of the enactment of this
Act and every six months thereafter until the completion of
the implementation of the joint electronic health record
described in subsection (d), the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report setting forth the assessment of the
Comptroller General of the progress of the Department of
Defense and the Department of Veterans Affairs in developing
and implementing the joint electronic health record.
(j) Funding.--

[[Page S8872]]

(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall each contribute equally to the
costs of the Office in fiscal year 2008 and fiscal years
thereafter. The amount so contributed by each Secretary in
fiscal year 2008 shall be up to $10,000,000.
(2) Source of funds.--(A) Amounts contributed by the
Secretary of Defense under paragraph (1) shall be derived
from amounts authorized to be appropriated for the Department
of Defense for the Defense Health Program and available for
program management and technology resources.
(B) Amounts contributed by the Secretary of Veterans
Affairs under paragraph (1) shall be derived from amounts
authorized to be appropriated for the Department of Veterans
Affairs for Medical Care and available for program management
and technology resources.
(k) Joint Electronic Health Record Defined.--In this
section, the term ``joint electronic health record'' means a
single system that includes patient information across the
continuum of medical care, including inpatient care,
outpatient care, pharmacy care, patient safety, and
rehabilitative care.

SEC. 1642. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR
CARE AND TREATMENT OF WOUNDED AND INJURED
MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1599c of title 10, United States
Code, is amended to read as follows:

``Sec. 1599c. Health care professionals: enhanced appointment
and compensation authority for personnel for care and
treatment of wounded and injured members of the armed
forces

``(a) In General.--The Secretary of Defense may, in the
discretion of the Secretary, exercise any authority for the
appointment and pay of health care personnel under chapter 74
of title 38 for purposes of the recruitment, employment, and
retention of civilian health care professionals for the
Department of Defense if the Secretary determines that the
exercise of such authority is necessary in order to provide
or enhance the capacity of the Department to provide care and
treatment for members of the armed forces who are wounded or
injured on active duty in the armed forces and to support the
ongoing patient care and medical readiness, education, and
training requirements of the Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the
military departments shall each develop and implement a
strategy to disseminate among appropriate personnel of the
military departments authorities and best practices for the
recruitment of medical and health professionals, including
the authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies, procedures, and
practices of the military department concerned to assure that
such strategy facilitates the implementation of efficiencies
which reduce the time required to fill vacant positions for
medical and health professionals; and
``(B) clearly identify processes and actions that will be
used to inform and educate military and civilian personnel
responsible for the recruitment of medical and health
professionals.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
the item relating to section 1599c and inserting the
following new item:

``1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and
treatment of wounded and injured members of the armed
forces.''.

(c) Reports on Strategies on Recruitment of Medical and
Health Professionals.--Not later than six months after the
date of the enactment of this Act, each Secretary of a
military department shall submit to the congressional defense
committees a report setting forth the strategy developed by
such Secretary under section 1599c(b) of title 10, United
States Code, as added by subsection (a).

SEC. 1643. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE
OF THE DEPARTMENT OF DEFENSE, INCLUDING
PERSONNEL IN THE MENTAL HEALTH WORKFORCE.

(a) Recommendations on Means of Addressing Shortages.--
(1) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth the
recommendations of the Secretary for such legislative or
administrative actions as the Secretary considers appropriate
to address shortages in health care professionals within the
Department of Defense, including personnel in the mental
health workforce.
(2) Elements.--The report required by paragraph (1) shall
address the following:
(A) Enhancements or improvements of financial incentives
for health care professionals, including personnel in the
mental health workforce, of the Department of Defense in
order to enhance the recruitment and retention of such
personnel, including recruitment, accession, or retention
bonuses and scholarship, tuition, and other financial
assistance.
(B) Modifications of service obligations of health care
professionals, including personnel in the mental health
workforce.
(C) Such other matters as the Secretary considers
appropriate.
(b) Recruitment.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall implement programs to recruit qualified
individuals in health care fields (including mental health)
to serve in the Armed Forces as health care and mental health
personnel of the Armed Forces.

Subtitle C--Disability Matters

PART I--DISABILITY EVALUATIONS

SEC. 1651. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND
CONDITION IN ESTABLISHING ELIGIBILITY OF
MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR
DISABILITY.

(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of
title 10, United States Code, is amended to read as follows:
``(i) the member has six months or more of active military
service and the disability was not noted at the time of the
member's entrance on active duty (unless compelling evidence
or medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty);''.
(b) Separation of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1203(b)(4)(B) of such title is
amended by striking ``and the member has at least eight years
of service computed under section 1208 of this title'' and
inserting ``, the member has six months or more of active
military service, and the disability was not noted at the
time of the member's entrance on active duty (unless evidence
or medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty)''.

SEC. 1652. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF
DEFENSE DETERMINATIONS OF DISABILITY WITH
RESPECT TO MEMBERS OF THE ARMED FORCES.

(a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1216 the
following new section:

``Sec. 1216a. Determinations of disability: requirements and
limitations on determinations

``(a) Utilization of VA Schedule for Rating Disabilities in
Determinations of Disability.--(1) In making a determination
of disability of a member of the armed forces for purposes of
this chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the schedule
for rating disabilities in use by the Department of Veterans
Affairs, including any applicable interpretation of the
schedule by the United States Court of Appeals for Veterans
Claims; and
``(B) except as provided in paragraph (2), may not deviate
from the schedule or any such interpretation of the schedule.
``(2) In making a determination described in paragraph (1),
the Secretary concerned may utilize in lieu of the schedule
described in that paragraph such criteria as the Secretary of
Defense and the Secretary of Veterans Affairs may jointly
prescribe for purposes of this subsection if the utilization
of such criteria will result in a determination of a greater
percentage of disability than would be otherwise determined
through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a
determination of the rating of disability of a member of the
armed forces for purposes of this chapter, the Secretary
concerned shall take into account all medical conditions,
whether individually or collectively, that render the member
unfit to perform the duties of the member's office, grade,
rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1216 the following new
item:
``1216a. Determinations of disability: requirements and limitations on
determinations.''.

SEC. 1653. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED
FORCES SEPARATED FROM SERVICE WITH A DISABILITY
RATING OF 20 PERCENT DISABLED OR LESS.

(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1554 adding the
following new section:

``Sec. 1554a. Review of separation with disability rating of
20 percent disabled or less

``(a) In General.--(1) The Secretary of Defense shall
establish within the Office of the Secretary of Defense a
board of review to review the disability determinations of
covered individuals by Physical Evaluation Boards. The board
shall be known as the `Physical Disability Board of Review'.
``(2) The Board shall consist of not less than three
members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section,
covered individuals are members and former members of the
armed forces who, during the period beginning on September
11, 2001, and ending on December 31, 2009--

[[Page S8873]]

``(1) are separated from the armed forces due to unfitness
for duty due to a medical condition with a disability rating
of 20 percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon its own motion, or upon the request
of a covered individual, or a surviving spouse, next of kin,
or legal representative of a covered individual, the Board
shall review the findings and decisions of the Physical
Evaluation Board with respect to such covered individual.
``(2) The review by the Board under paragraph (1) shall be
based on the records of the armed force concerned and such
other evidence as may be presented to the Board. A witness
may present evidence to the Board by affidavit or by any
other means considered acceptable by the Secretary of
Defense.
``(d) Authorized Recommendations.--The Board may, as a
result of its findings under a review under subsection (c),
recommend to the Secretary concerned the following (as
applicable) with respect to a covered individual:
``(1) No recharacterization of the separation of such
individual or modification of the disability rating
previously assigned such individual.
``(2) The recharacterization of the separation of such
individual to retirement for disability.
``(3) The modification of the disability rating previously
assigned such individual by the Physical Evaluation Board
concerned, which modified disability rating may not be a
reduction of the disability rating previously assigned such
individual by that Physical Evaluation Board.
``(4) The issuance of a new disability rating for such
individual.
``(e) Correction of Military Records.--(1) The Secretary
concerned may correct the military records of a covered
individual in accordance with a recommendation made by the
Board under subsection (d). Any such correction may be made
effective as of the effective date of the action taken on the
report of the Physical Evaluation Board to which such
recommendation relates.
``(2) In the case of a member previously separated pursuant
to the findings and decision of a Physical Evaluation Board
together with a lump-sum or other payment of back pay and
allowances at separation, the amount of pay or other monetary
benefits to which such member would be entitled based on the
member's military record as corrected shall be reduced to
take into account receipt of such lump-sum or other payment
in such manner as the Secretary of Defense considers
appropriate.
``(3) If the Board makes a recommendation not to correct
the military records of a covered individual, the action
taken on the report of the Physical Evaluation Board to which
such recommendation relates shall be treated as final as of
the date of such action.
``(f) Regulations.--(1) This section shall be carried out
in accordance with regulations prescribed by the Secretary of
Defense.
``(2) The regulations under paragraph (1) shall specify
reasonable deadlines for the performance of reviews required
by this section.
``(3) The regulations under paragraph (1) shall specify the
effect of a determination or pending determination of a
Physical Evaluation Board on considerations by boards for
correction of military records under section 1552 of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of such title is amended by inserting
after the item relating to section 1554 the following new
item:

``1554a. Review of separation with disability rating of 20 percent
disabled or less.''.

(b) Implementation.--The Secretary of Defense shall
establish the board of review required by section 1554a of
title 10, United States Code (as added by subsection (a)),
and prescribe the regulations required by such section, not
later than 90 days after the date of the enactment of this
Act.

SEC. 1654. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY
EVALUATION SYSTEM FOR MEMBERS OF THE ARMED
FORCES.

(a) Pilot Programs.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, carry
out pilot programs with respect to the disability evaluation
system of the Department of Defense for the purpose set forth
in subsection (d).
(2) Required pilot programs.--In carrying out this section,
the Secretary of Defense shall carry out the pilot programs
described in paragraphs (1) through (3) of subsection (c).
Each such pilot program shall be implemented not later than
90 days after the date of the enactment of this Act.
(3) Authorized pilot programs.--In carrying out this
section, the Secretary of Defense may carry out such other
pilot programs as the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, considers
appropriate.
(b) Disability Evaluation System of the Department of
Defense.--For purposes of this section, the disability
evaluation system of the Department of Defense is the system
of the Department for the evaluation of the disabilities of
members of the Armed Forces who are being separated or
retired from the Armed Forces for disability under chapter 61
of title 10, United States Code.
(c) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va assigned
disability rating.--Under one of the pilot programs under
subsection (a), for purposes of making a determination of
disability of a member of the Armed Forces under section
1201(b) of title 10, United States Code, for the retirement,
separation, or placement of the member on the temporary
disability retired list under chapter 61 of such title, upon
a determination by the Secretary of the military department
concerned that the member is unfit to perform the duties of
the member's office, grade, rank, or rating because of a
physical disability as described in section 1201(a) of such
title--
(A) the Secretary of Veterans Affairs shall--
(i) conduct an evaluation of the member for physical
disability; and
(ii) assign the member a rating of disability in accordance
with the schedule for rating disabilities utilized by the
Secretary of Veterans Affairs based on all medical conditions
(whether individually or collectively) that render the member
unfit for duty; and
(B) the Secretary of the military department concerned
shall make the determination of disability regarding the
member utilizing the rating of disability assigned under
subparagraph (A)(ii).
(2) Disability determinations utilizing joint dod/va
assigned disability rating.--Under one of the pilot programs
under subsection (a), in making a determination of disability
of a member of the Armed Forces under section 1201(b) of
title 10, United States Code, for the retirement, separation,
or placement of the member on the temporary disability
retired list under chapter 61 of such title, the Secretary of
the military department concerned shall, upon determining
that the member is unfit to perform the duties of the
member's office, grade, rank, or rating because of a physical
disability as described in section 1201(a) of such title--
(A) provide for the joint evaluation of the member for
disability by the Secretary of the military department
concerned and the Secretary of Veterans Affairs, including
the assignment of a rating of disability for the member in
accordance with the schedule for rating disabilities utilized
by the Secretary of Veterans Affairs based on all medical
conditions (whether individually or collectively) that render
the member unfit for duty; and
(B) make the determination of disability regarding the
member utilizing the rating of disability assigned under
subparagraph (A).
(3) Electronic clearing house.--Under one of the pilot
programs, the Secretary of Defense shall establish and
operate a single Internet website for the disability
evaluation system of the Department of Defense that enables
participating members of the Armed Forces to fully utilize
such system through the Internet, with such Internet website
to include the following:
(A) The availability of any forms required for the
utilization of the disability evaluation system by members of
the Armed Forces under the system.
(B) Secure mechanisms for the submission of such forms by
members of the Armed Forces under the system, and for the
tracking of the acceptance and review of any forms so
submitted.
(C) Secure mechanisms for advising members of the Armed
Forces under the system of any additional information, forms,
or other items that are required for the acceptance and
review of any forms so submitted.
(D) The continuous availability of assistance to members of
the Armed Forces under the system (including assistance
through the caseworkers assigned to such members of the Armed
Forces) in submitting and tracking such forms, including
assistance in obtaining information, forms, or other items
described by subparagraph (C).
(E) Secure mechanisms to request and receive personnel
files or other personnel records of members of the Armed
Forces under the system that are required for submission
under the disability evaluation system, including the
capability to track requests for such files or records and to
determine the status of such requests and of responses to
such requests.
(4) Other pilot programs.--Under any pilot program carried
out by the Secretary of Defense under subsection (a)(3), the
Secretary shall provide for the development, evaluation, and
identification of such practices and procedures under the
disability evaluation system of the Department of Defense as
the Secretary considers appropriate for purpose set forth in
subsection (d).
(d) Purpose.--The purpose of each pilot program under
subsection (a) shall be--
(1) to provide for the development, evaluation, and
identification of revised and improved practices and
procedures under the disability evaluation system of the
Department of Defense in order to--
(A) reduce the processing time under the disability
evaluation system of members of the Armed Forces who are
likely to be retired or separated for disability, and who
have not requested continuation on active duty, including, in
particular, members who are severely wounded;
(B) identify and implement or seek the modification of
statutory or administrative policies and requirements
applicable to the disability evaluation system that--
(i) are unnecessary or contrary to applicable best
practices of civilian employers and civilian healthcare
systems; or
(ii) otherwise result in hardship, arbitrary, or
inconsistent outcomes for members of the

[[Page S8874]]

Armed Forces, or unwarranted inefficiencies and delays;
(C) eliminate material variations in policies,
interpretations, and overall performance standards among the
military departments under the disability evaluation system;
and
(D) determine whether it enhances the capability of the
Department of Veterans Affairs to receive and determine
claims from members of the Armed Forces for compensation,
pension, hospitalization, or other veterans benefits; and
(2) in conjunction with the findings and recommendations of
applicable Presidential and Department of Defense study
groups, to provide for the eventual development of revised
and improved practices and procedures for the disability
evaluation system in order to achieve the objectives set
forth in paragraph (1).
(e) Utilization of Results in Updates of Comprehensive
Policy on Care, Management, and Transition of Covered
Servicemembers.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly incorporate responses to
any findings and recommendations arising under the pilot
programs required by subsection (a) in updating the
comprehensive policy on the care and management of covered
servicemembers under section 1611.
(f) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in carrying out
a pilot program under subsection (a)--
(A) the rules and regulations of the Department of Defense
and the Department of Veterans Affairs relating to methods of
determining fitness or unfitness for duty and disability
ratings for members of the Armed Forces shall apply to the
pilot program only to the extent provided in the report on
the pilot program under subsection (h)(1); and
(B) the Secretary of Defense and the Secretary of Veterans
Affairs may waive any provision of title 10, 37, or 38,
United States Code, relating to methods of determining
fitness or unfitness for duty and disability ratings for
members of the Armed Forces if the Secretaries determine in
writing that the application of such provision would be
inconsistent with the purpose of the pilot program.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to authorize the waiver of any provision of section
1216a of title 10, United States Code, as added by section
1652 of this Act.
(g) Duration.--Each pilot program under subsection (a)
shall be completed not later than one year after the date of
the commencement of such pilot program under that subsection.
(h) Reports.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the pilot programs under subsection (a). The report shall
include--
(A) a description of the scope and objectives of each pilot
program;
(B) a description of the methodology to be used under such
pilot program to ensure rapid identification under such pilot
program of revised or improved practices under the disability
evaluation system of the Department of Defense in order to
achieve the objectives set forth in subsection (d)(1); and
(C) a statement of any provision described in subsection
(f)(1)(B) that shall not apply to the pilot program by reason
of a waiver under that subsection.
(2) Interim report.--Not later than 150 days after the date
of the submittal of the report required by paragraph (1), the
Secretary shall submit to the appropriate committees of
Congress a report describing the current status of such pilot
program.
(3) Final report.--Not later than 90 days after the
completion of all the pilot programs described in paragraphs
(1) through (3) of subsection (c), the Secretary shall submit
to the appropriate committees of Congress a report setting
forth a final evaluation and assessment of such pilot
programs. The report shall include such recommendations for
legislative or administrative action as the Secretary
considers appropriate in light of such pilot programs.

SEC. 1655. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO
DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY
EVALUATION SYSTEM.

(a) Reports Required.--Not later than 30 days after the
date of the enactment of this Act, and every 120 days
thereafter until March 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
on the implementation of corrective measures by the
Department of Defense with respect to the Physical Disability
Evaluation System (PDES) in response to the following:
(1) The report of the Inspector General of the Army on that
system of March 6, 2007.
(2) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter
Reed Army Medical Center and National Naval Medical Center.
(3) The report of the Department of Veterans Affairs Task
Force on Returning Global War on Terror Heroes.
(b) Elements of Report.--Each report under subsection (a)
shall include current information on the following:
(1) The total number of cases, and the number of cases
involving combat disabled servicemembers, pending resolution
before the Medical and Physical Disability Evaluation Boards
of the Army, including information on the number of members
of the Army who have been in a medical hold or holdover
status for more than each of 100, 200, and 300 days.
(2) The status of the implementation of modifications to
disability evaluation processes of the Department of Defense
in response to the following:
(A) The report of the Inspector General on such processes
dated March 6, 2007.
(B) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter
Reed Army Medical Center and National Naval Medical Center.
(C) The report of the Department of Veterans Affairs Task
Force on Returning Global War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after
submitting a report under subsection (a), the Secretary shall
post such report on the Internet website of the Department of
Defense that is available to the public.

PART II--OTHER DISABILITY MATTERS

SEC. 1661. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR
MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1212 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``his years of
service, but not more than 12, computed under section 1208 of
this title'' in the matter preceding subparagraph (A) and
inserting ``the member's years of service computed under
section 1208 of this title (subject to the minimum and
maximum years of service provided for in subsection (c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) The minimum years of service of a member for
purposes of subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated from the
armed forces for a disability incurred in line of duty in a
combat zone (as designated by the Secretary of Defense for
purposes of this subsection) or incurred during the
performance of duty in combat-related operations as
designated by the Secretary of Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes
of subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for
Disabilities Incurred in Combat Zones.--Subsection (d) of
such section, as redesignated by subsection (a)(2) of this
section, is further amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2) No deduction may be made under paragraph (1) in the
case of disability severance pay received by a member for a
disability incurred in line of duty in a combat zone or
incurred during performance of duty in combat-related
operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any
death compensation to which a member's dependents become
entitled after the member's death.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to members of the Armed Forces
separated from the Armed Forces under chapter 61 of title 10,
United States Code, on or after that date.

SEC. 1662. ELECTRONIC TRANSFER FROM THE DEPARTMENT OF DEFENSE
TO THE DEPARTMENT OF VETERANS AFFAIRS OF
DOCUMENTS SUPPORTING ELIGIBILITY FOR BENEFITS.

The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly develop and implement a mechanism to
provide for the electronic transfer from the Department of
Defense to the Department of Veterans Affairs of any
Department of Defense documents (including Department of
Defense form DD-214) necessary to establish or support the
eligibility of a member of the Armed Forces for benefits
under the laws administered by the Secretary of Veterans
Affairs at the time of the retirement, separation, or release
of the member from the Armed Forces.

SEC. 1663. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense and the Comptroller
General of the United States shall each submit to the
congressional defense committees a report assessing the
continuing utility of the temporary disability retired list
in satisfying the purposes for which the temporary disability
retired list was established. Each report shall include such
recommendations for the modification or improvement of the
temporary disability retired list as the Secretary or the
Comptroller General, as applicable, considers appropriate in
light of the assessment in such report.

Subtitle D--Improvement of Facilities Housing Patients

SEC. 1671. STANDARDS FOR MILITARY MEDICAL TREATMENT
FACILITIES, SPECIALTY MEDICAL CARE FACILITIES,
AND MILITARY QUARTERS HOUSING PATIENTS.

(a) Establishment of Standards.--The Secretary of Defense
shall establish for the

[[Page S8875]]

military facilities referred to in subsection (b) standards
with respect to the matters set forth in subsection (c). The
standards shall, to the maximum extent practicable--
(1) be uniform and consistent across such facilities; and
(2) be uniform and consistent across the Department of
Defense and the military departments.
(b) Covered Military Facilities.--The military facilities
referred to in this subsection are the military facilities of
the Department of Defense and the military departments as
follows:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for patients.
(c) Scope of Standards.--The standards required by
subsection (a) shall include the following:
(1) Generally accepted standards for the accreditation of
medical facilities, or for facilities used to quarter
individuals that may require medical supervision, as
applicable, in the United States.
(2) To the extent not inconsistent with the standards
described in paragraph (1), minimally acceptable conditions
for the following:
(A) Appearance and maintenance of facilities generally,
including the structure and roofs of facilities.
(B) Size, appearance, and maintenance of rooms housing or
utilized by patients, including furniture and amenities in
such rooms.
(C) Operation and maintenance of primary and back-up
facility utility systems and other systems required for
patient care, including electrical systems, plumbing systems,
heating, ventilation, and air conditioning systems,
communications systems, fire protection systems, energy
management systems, and other systems required for patient
care.
(D) Compliance with Federal Government standards for
hospital facilities and operations.
(E) Compliance of facilities, rooms, and grounds, to the
maximum extent practicable, with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(F) Such other matters relating to the appearance, size,
operation, and maintenance of facilities and rooms as the
Secretary considers appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under subsection
(a), the Secretary shall specify a deadline for compliance
with such standards by each facility referred to in
subsection (b). The deadline shall be at the earliest date
practicable after the date of the enactment of this Act, and
shall, to the maximum extent practicable, be uniform across
the facilities referred to in subsection (b).
(2) Investment.--In carrying out this section, the
Secretary shall also establish guidelines for investment to
be utilized by the Department of Defense and the military
departments in determining the allocation of financial
resources to facilities referred to in subsection (b) in
order to meet the deadline specified under paragraph (1).
(e) Report.--
(1) In general.--Not later than December 30, 2007, the
Secretary shall submit to the congressional defense
committees a report on the actions taken to carry out this
section.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The standards established under subsection (a).
(B) An assessment of the appearance, condition, and
maintenance of each facility referred to in subsection (a),
including--
(i) an assessment of the compliance of such facility with
the standards established under subsection (a); and
(ii) a description of any deficiency or noncompliance in
each facility with the standards.
(C) A description of the investment to be allocated to
address each deficiency or noncompliance identified under
subparagraph (B)(ii).

SEC. 1672. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY
MEDICAL CENTER.

(a) Reports Required.--Not later than 30 days after the
date of the enactment of this Act, and every 120 days
thereafter until March 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
on the implementation of the action plan of the Army to
correct deficiencies identified in the condition of
facilities, and in the administration of outpatients in
medical hold or medical holdover status, at Walter Reed Army
Medical Center (WRAMC) and at other applicable Army
installations at which covered members of the Armed Forces
are assigned.
(b) Elements of Report.--Each report under subsection (a)
shall include current information on the following:
(1) The number of inpatients at Walter Reed Army Medical
Center, and the number of outpatients on medical hold or in a
medical holdover status at Walter Reed Army Medical Center,
as a result of serious injuries or illnesses.
(2) A description of the lodging facilities and other forms
of housing at Walter Reed Army Medical Center, and at each
other Army facility, to which are assigned personnel in
medical hold or medical holdover status as a result of
serious injuries or illnesses, including--
(A) an assessment of the conditions of such facilities and
housing; and
(B) a description of any plans to correct inadequacies in
such conditions.
(3) The status, estimated completion date, and estimated
cost of any proposed or ongoing actions to correct any
inadequacies in conditions as described under paragraph (2).
(4) The number of case managers, platoon sergeants, patient
advocates, and physical evaluation board liaison officers
stationed at Walter Reed Army Medical Center, and at each
other Army facility, to which are assigned personnel in
medical hold or medical holdover status as a result of
serious injuries or illnesses, and the ratio of case workers
and platoon sergeants to outpatients for whom they are
responsible at each such facility.
(5) The number of telephone calls received during the
preceding 60 days on the Wounded Soldier and Family hotline
(as established on March 19, 2007), a summary of the
complaints or communications received through such calls, and
a description of the actions taken in response to such calls.
(6) A summary of the activities, findings, and
recommendations of the Army tiger team of medical and
installation professionals who visited the major medical
treatment facilities and community-based health care
organizations of the Army pursuant to March 2007 orders, and
a description of the status of corrective actions being taken
with to address deficiencies noted by that team.
(7) The status of the ombudsman programs at Walter Reed
Army Medical Center and at other major Army installations to
which are assigned personnel in medical hold or medical
holdover status as a result of serious injuries or illnesses.
(c) Posting on Internet.--Not later than 24 hours after
submitting a report under subsection (a), the Secretary shall
post such report on the Internet website of the Department of
Defense that is available to the public.

SEC. 1673. CONSTRUCTION OF FACILITIES REQUIRED FOR THE
CLOSURE OF WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.

(a) Assessment of Acceleration of Construction of
Facilities.--The Secretary of Defense shall carry out an
assessment of the feasibility (including the cost-
effectiveness) of accelerating the construction and
completion of any new facilities required to facilitate the
closure of Walter Reed Army Medical Center, District of
Columbia, as required as a result of the 2005 round of
defense base closure and realignment under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; U.S.C. 2687 note).
(b) Development and Implementation of Plan for Construction
of Facilities.--
(1) In general.--The Secretary shall develop and carry out
a plan for the construction and completion of any new
facilities required to facilitate the closure of Walter Reed
Army Medical Center as required as described in subsection
(a). If the Secretary determines as a result of the
assessment under subsection (a) that accelerating the
construction and completion of such facilities is feasible,
the plan shall provide for the accelerated construction and
completion of such facilities in a manner consistent with
that determination.
(2) Submittal of plan.--The Secretary shall submit to the
congressional defense committees the plan required by
paragraph (1) not later than September 30, 2007.
(c) Certifications.--Not later than September 30, 2007, the
Secretary shall submit to the congressional defense
committees a certification of each of the following:
(1) That a transition plan has been developed, and
resources have been committed, to ensure that patient care
services, medical operations, and facilities are sustained at
the highest possible level at Walter Reed Army Medical Center
until facilities to replace Walter Reed Army Medical Center
are staffed and ready to assume at least the same level of
care previously provided at Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical Center
will not result in a net loss of capacity in the major
military medical centers in the National Capitol Region in
terms of total bed capacity or staffed bed capacity.
(3) That the capacity and types of medical hold and out-
patient lodging facilities currently operating at Walter Reed
Army Medical Center will be available at the facilities to
replace Walter Reed Army Medical Center by the date of the
closure of Walter Reed Army Medical Center.
(4) That adequate funds have been provided to complete
fully all facilities identified in the Base Realignment and
Closure Business Plan for Walter Reed Army Medical Center
submitted to the congressional defense committees as part of
the budget justification materials submitted to Congress
together with the budget of the President for fiscal year
2008 as contemplated in that business plan.
(d) Environmental Laws.--Nothing in this section shall
require the Secretary or any designated representative to
waive or ignore responsibilities and actions required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or the regulations implementing such Act.

[[Page S8876]]

Subtitle E--Outreach and Related Information on Benefits

SEC. 1681. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON
COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS
INJURIES AND ILLNESSES.

(a) Information on Available Compensation and Benefits.--
The Secretary of Defense shall, in consultation with the
Secretary of Veterans Affairs, the Secretary of Health and
Human Services, and the Commissioner of Social Security,
develop and maintain in handbook and electronic form a
comprehensive description of the compensation and other
benefits to which a member of the Armed Forces, and the
family of such member, would be entitled upon the member's
separation or retirement from the Armed Forces as a result of
a serious injury or illness. The handbook shall set forth the
range of such compensation and benefits based on grade,
length of service, degree of disability at separation or
retirement, and such other factors affecting such
compensation and benefits as the Secretary of Defense
considers appropriate.
(b) Update.--The Secretary of Defense shall update the
comprehensive description required by subsection (a),
including the handbook and electronic form of the
description, on a periodic basis, but not less often than
annually.
(c) Provision to Members.--The Secretary of the military
department concerned shall provide the descriptive handbook
under subsection (a) to each member of the Armed Forces
described in that subsection as soon as practicable following
the injury or illness qualifying the member for coverage
under that subsection.
(d) Provision to Representatives.--If a member is
incapacitated or otherwise unable to receive the descriptive
handbook to be provided under subsection (a), the handbook
shall be provided to the next of kin or a legal
representative of the member (as determined in accordance
with regulations prescribed by the Secretary of the military
department concerned for purposes of this section).

Subtitle F--Other Matters

SEC. 1691. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER
READJUSTMENT NEEDS OF MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN
OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM AND THEIR FAMILIES.

(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, enter
into an agreement with the National Academy of Sciences for a
study on the physical and mental health and other
readjustment needs of members and former members of the Armed
Forces who deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment.
(b) Phases.--The study required under subsection (a) shall
consist of two phases:
(1) A preliminary phase, to be completed not later than 180
days after the date of the enactment of this Act--
(A) to identify preliminary findings on the physical and
mental health and other readjustment needs described in
subsection (a) and on gaps in care for the members, former
members, and families described in that subsection; and
(B) to determine the parameters of the second phase of the
study under paragraph (2).
(2) A second phase, to be completed not later than three
years after the date of the enactment of this Act, to carry
out a comprehensive assessment, in accordance with the
parameters identified under the preliminary report required
by paragraph (1), of the physical and mental health and other
readjustment needs of members and former members of the Armed
Forces who deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment, including, at a minimum--
(A) an assessment of the psychological, social, and
economic impacts of such deployment on such members and
former members and their families;
(B) an assessment of the particular impacts of multiple
deployments in Operation Iraqi Freedom or Operation Enduring
Freedom on such members and former members and their
families;
(C) an assessment of the full scope of the neurological,
psychiatric, and psychological effects of traumatic brain
injury (TBI) on members and former members of the Armed
Forces, including the effects of such effects on the family
members of such members and former members, and an assessment
of the efficacy of current treatment approaches for traumatic
brain injury in the United States and the efficacy of
screenings and treatment approaches for traumatic brain
injury within the Department of Defense and the Department of
Veterans Affairs;
(D) an assessment of the effects of undiagnosed injuries
such as post-traumatic stress disorder (PTSD) and traumatic
brain injury, an estimate of the long-term costs associated
with such injuries, and an assessment of the efficacy of
screenings and treatment approaches for post-traumatic stress
disorder and other mental health conditions within the
Department of Defense and Department of Veterans Affairs;
(E) an assessment of the particular needs and concerns of
female members of the Armed Forces and female veterans;
(F) an assessment of the particular needs and concerns of
children of members of the Armed Forces, taking into account
differing age groups, impacts on development and education,
and the mental and emotional well being of children;
(G) an assessment of the particular needs and concerns of
minority members of the Armed Forces and minority veterans;
(H) an assessment of the particular educational and
vocational needs of such members and former members and their
families, and an assessment of the efficacy of existing
educational and vocational programs to address such needs;
(I) an assessment of the impacts on communities with high
populations of military families, including military housing
communities and townships with deployed members of the
National Guard and Reserve, of deployments associated with
Operation Iraqi Freedom and Operation Enduring Freedom, and
an assessment of the efficacy of programs that address
community outreach and education concerning military
deployments of community residents;
(J) an assessment of the impacts of increasing numbers of
older and married members of the Armed Forces on readjustment
requirements;
(K) the development, based on such assessments, of
recommendations for programs, treatments, or policy remedies
targeted at preventing, minimizing or addressing the impacts,
gaps and needs identified; and
(L) the development, based on such assessments, of
recommendations for additional research on such needs.
(c) Populations To Be Studied.--The study required under
subsection (a) shall consider the readjustment needs of each
population of individuals as follows:
(1) Members of the regular components of the Armed Forces
who are returning, or have returned, to the United States
from deployment in Operation Iraqi Freedom or Operation
Enduring Freedom.
(2) Members of the National Guard and Reserve who are
returning, or have returned, to the United States from
deployment in Operation Iraqi Freedom or Operation Enduring
Freedom.
(3) Veterans of Operation Iraqi Freedom or Operation
Enduring Freedom.
(4) Family members of the members and veterans described in
paragraphs (1) through (3).
(d) Access to Information.--The National Academy of
Sciences shall have access to such personnel, information,
records, and systems of the Department of Defense and the
Department of Veterans Affairs as the National Academy of
Sciences requires in order to carry out the study required
under subsection (a).
(e) Privacy of Information.--The National Academy of
Sciences shall maintain any personally identifiable
information accessed by the Academy in carrying out the study
required under subsection (a) in accordance with all
applicable laws, protections, and best practices regarding
the privacy of such information, and may not permit access to
such information by any persons or entities not engaged in
work under the study.
(f) Reports by National Academy of Sciences.--Upon the
completion of each phase of the study required under
subsection (a), the National Academy of Sciences shall submit
to the Secretary of Defense and the Secretary of Veterans
Affairs a report on such phase of the study.
(g) DoD and VA Response to NAS Reports.--
(1) Preliminary response.--Not later than 45 days after the
receipt of a report under subsection (f) on each phase of the
study required under subsection (a), the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly develop a
preliminary joint Department of Defense-Department of
Veterans Affairs plan to address the findings and
recommendations of the National Academy of Sciences contained
in such report. The preliminary plan shall provide
preliminary proposals on the matters set forth in paragraph
(3).
(2) Final response.--Not later than 90 days after the
receipt of a report under subsection (f) on each phase of the
study required under subsection (a), the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly develop a
final joint Department of Defense-Department of Veterans
Affairs plan to address the findings and recommendations of
the National Academy of Sciences contained in such report.
The final plan shall provide final proposals on the matters
set forth in paragraph (3).
(3) Covered matters.--The matters set forth in this
paragraph with respect to a phase of the study required under
subsection (a) are as follows:
(A) Modifications of policy or practice within the
Department of Defense and the Department of Veterans Affairs
that are necessary to address gaps in care or services as
identified by the National Academy of Sciences under such
phase of the study.
(B) Modifications of policy or practice within the
Department of Defense and the Department of Veterans Affairs
that are necessary to address recommendations made by the
National Academy of Sciences under such phase of the study.
(C) An estimate of the costs of implementing the
modifications set forth under subparagraphs (A) and (B), set
forth by fiscal year for at least the first five fiscal years
beginning after the date of the plan concerned.

[[Page S8877]]

(4) Reports on responses.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth each joint plan developed
under paragraphs (1) and (2).
(5) Public availability of responses.--The Secretary of
Defense and the Secretary of Veterans Affairs shall each make
available to the public each report submitted to Congress
under paragraph (4), including by posting an electronic copy
of such report on the Internet website of the Department of
Defense or the Department of Veterans Affairs, as applicable,
that is available to the public.
(6) GAO audit.--Not later than 45 days after the submittal
to Congress of the report under paragraph (4) on the final
joint Department of Defense-Department of Veterans Affairs
plan under paragraph (2), the Comptroller General of the
United States shall submit to Congress a report assessing the
contents of such report under paragraph (4). The report of
the Comptroller General under this paragraph shall include--
(A) an assessment of the adequacy and sufficiency of the
final joint Department of Defense-Department of Veterans
Affairs plan in addressing the findings and recommendations
of the National Academy of Sciences as a result of the study
required under subsection (a);
(B) an assessment of the feasibility and advisability of
the modifications of policy and practice proposed in the
final joint Department of Defense-Department of Veterans
Affairs plan;
(C) an assessment of the sufficiency and accuracy of the
cost estimates in the final joint Department of Defense-
Department of Veterans Affairs plan; and
(D) the comments, if any, of the National Academy of
Sciences on the final joint Department of Defense-Department
of Veterans Affairs plan.
(h) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Department of Defense
such sums as may be necessary to carry out this section.
______

SA 2020. Mr. COLEMAN (for himself, Mr. DeMint, Mr. Thune, Mr. Inhofe,
Mr. McConnell, Mr. Cornyn, Mr. Allard, Mr. Craig, Mr. Lugar, Mr.
Roberts, Mr. Graham, Mrs. Hutchison, Mr. Cochran, and Mr. Hagel)
submitted an amendment intended to be proposed by him to the bill H.R.
1585, to authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:

SEC. ____. FAIRNESS DOCTRINE PROHIBITED.

(a) Short Title.--This section may be cited as the
``Broadcaster Freedom Act of 2007''.
(b) Fairness Doctrine Prohibited.--Title III of the
Communications Act of 1934 is amended by inserting after
section 303 (47 U.S.C. 303) the following new section:

``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

``Notwithstanding section 303 or any other provision of
this Act or any other Act authorizing the Commission to
prescribe rules, regulations, policies, doctrines, standards,
or other requirements, the Commission shall not have the
authority to prescribe any rule, regulation, policy,
doctrine, standard, or other requirement that has the purpose
or effect of reinstating or repromulgating (in whole or in
part) the requirement that broadcasters present opposing
viewpoints on controversial issues of public importance,
commonly referred to as the `Fairness Doctrine', as repealed
in General Fairness Doctrine Obligations of Broadcast
Licensees, 50 Fed. Reg. 35418 (1985).''.
______

SA 2021. Mr. SPECTER (for himself and Mr. Kerry) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

Subtitle F--Presidential Signing Statements

SEC. 1071. SHORT TITLE.

This subtitle may be cited as the ``Presidential Signing
Statements Act of 2007''.

SEC. 1072. FINDINGS.

Congress finds the following:
(1) While the executive branch has a role in enacting
legislation, it is clear that this is a limited role. Article
I, section 7 of the Constitution provides that when a bill is
presented to the President, he may either sign it or veto it
with his objections, and his veto is subject to a
congressional override by two-thirds majorities in the House
of Representatives and Senate.
(2) As the President signs a bill into law, the President
sometimes issues a statement elaborating on his views of a
bill.
(3) This practice began in the early 1800s, and such
statements have been issued by Presidents including James
Monroe, Andrew Jackson, John Tyler, Franklin Delano
Roosevelt, Dwight D. Eisenhower, John F. Kennedy, Lyndon B.
Johnson, Richard Nixon, Gerald Ford, Jimmy Carter, Ronald
Reagan, George H.W. Bush, Bill Clinton, and George W. Bush.
(4) Much more recently, some courts have begun using
presidential signing statements as a source of authority in
the interpretation of Acts of Congress.
(5) This judicial use of presidential signing statements is
inappropriate, because it in effect gives these statements
the force of law. As the Supreme Court itself has explained,
Article I, section 7, of the Constitution provides a
``single, finely wrought and exhaustively considered,
procedure'' for the making of Federal law. I.N.S. v. Chadha,
462 U.S. 919, 951 (1983). Presidential signing statements are
not passed by both Houses of Congress pursuant to Article I,
section 7, so they are not the supreme law of the land. It is
inappropriate, therefore, for courts to rely on presidential
signing statements as a source of authority in the
interpretation of Acts of Congress.
(6) The Supreme Court's reliance on presidential signing
statements has been sporadic and unpredictable. In some
cases, such as Bowsher v. Synar, 478 U.S. 714, 719 n.1
(1986), the Supreme Court has relied on presidential signing
statements as a source of authority, while in other cases,
such as the recent military tribunals case, Hamdan v.
Rumsfeld, 126 S.Ct. 2749 (2006), it has conspicuously
declined to do so. This inconsistency has the unfortunate
effect of rendering the interpretation of Federal law
unpredictable.
(7) As the Hamdan case demonstrates, the Justices of the
Supreme Court appear to disagree with one another on the
propriety of reliance on presidential signing statements in
the interpretation of Federal law. The Supreme Court, with
its nine competing perspectives and its jurisdictional
restriction to cases and controversies, may remain unable to
resolve this difference of opinion and establish a clear rule
abjuring such reliance.
(8) Congress has the power to resolve judicial disputes
such as this by enacting rules of statutory interpretation.
This power flows from Article I, section 8, clause 18, which
gives Congress the power ``To make all laws which shall be
necessary and proper for carrying into execution the
foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in
any department or officer thereof''. Rules of statutory
interpretation are necessary and proper to bring into
execution the legislative power.
(9) Congress can and should exercise this power over the
interpretation of Federal statutes in a systematic and
comprehensive manner.
(10) Congress hereby exercises this power to forbid
judicial reliance on presidential signing statements as a
source of authority in the interpretation of Acts of
Congress.

SEC. 1073. DEFINITION.

As used in this subtitle, the term ``presidential signing
statement'' means a statement issued by the President about a
bill, in conjunction with signing that bill into law pursuant
to Article I, section 7, of the Constitution.

SEC. 1074. JUDICIAL USE OF PRESIDENTIAL SIGNING STATEMENTS.

In determining the meaning of any Act of Congress, no
Federal or State court shall rely on or defer to a
presidential signing statement as a source of authority.

SEC. 1075. CONGRESSIONAL RIGHT TO PARTICIPATE IN COURT
PROCEEDINGS OR SUBMIT CLARIFYING RESOLUTION.

(a) Congressional Right to Participate as Amicus Curiae.--
In any action, suit, or proceeding in any Federal or State
court (including the Supreme Court of the United States),
regarding the construction or constitutionality, or both, of
any Act of Congress in which a presidential signing statement
was issued, the Federal or State Court shall permit the
United States Senate, through the Office of Senate Legal
Counsel, as authorized in section 701 of the Ethics in
Government Act of 1978 (2 U.S.C. 288), or the United States
House of Representatives, through the Office of General
Counsel for the United States House of Representatives, or
both, to participate as an amicus curiae, and to present an
oral argument on the question of the Act's construction or
constitutionality, or both. Nothing in this section shall be
construed to confer standing on any party seeking to bring,
or jurisdiction on any court with respect to, any civil or
criminal action, including suit for court costs, against
Congress, either House of Congress, a Member of Congress, a
committee or subcommittee of a House of Congress, any office
or agency of Congress, or any officer or employee of a House
of Congress or any office or agency of Congress.
(b) Congressional Right to Submit Clarifying Resolution.--
In any suit referenced in subsection (a), the full Congress
may pass a concurrent resolution declaring its view of the
proper interpretation of the Act of Congress at issue,
clarifying Congress's intent or clarifying Congress's
findings of fact, or both. If Congress does pass such a
concurrent resolution, the Federal or State court shall
permit the United States Congress, through the Office of
Senate Legal Counsel, to submit that resolution into the
record of the case as a matter of right.

[[Page S8878]]

(c) Expedited Consideration.--It shall be the duty of each
Federal or State court, including the Supreme Court of the
United States, to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter
brought under subsection (a).
______

SA 2022. Mr. SPECTER (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1070. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY
THE UNITED STATES.

(a) In General.--Section 2241 of title 28, United States
Code, is amended by striking subsection (e).
(b) Title 10.--Section 950j of title 10, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Limited Review of Military Commission Procedures and
Actions.--Except as otherwise provided in this chapter or in
section 2241 of title 28 or any other habeas corpus
provision, and notwithstanding any other provision of law, no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or cause of action whatsoever, including
any action pending on or filed after the date of the
enactment of the Military Commissions Act of 2006, relating
to the prosecution, trial, or judgment of a military
commission under this chapter, including challenges to the
lawfulness of procedures of military commissions under this
chapter.''.
(c) Effective Date and Applicability.--The amendments made
by this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any case that is pending on or after the date
of enactment of this Act.
______

SA 2023. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle D of title I, add the following:

SEC. 143. SENSE OF CONGRESS ON THE PROCUREMENT PROGRAM FOR
THE KC-X TANKER AIRCRAFT.

It is the sense of Congress--
(1) to congratulate the Air Force for conducting a full and
open competition for the procurement program for the KC-X
tanker aircraft;
(2) the Air Force should have the ability to choose the
best possible joint aerial refueling capability at the most
reasonable price;
(3) to discourage actions that would limit the ability of
either of the teams seeking the contract for the procurement
of KC-X tanker aircraft from competing in the competition
referred to in paragraph (1).
______

SA 2024. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle B of title XII, add the following:

SEC. 1218. POLICY OF THE UNITED STATES ON PROTECTION OF THE
UNITED STATES AND ITS ALLIES AGAINST IRANIAN
BALLISTIC MISSILES.

(a) Finding.--Congress finds that Iran maintains a nuclear
program in continued defiance of the international community
while developing ballistic missiles of increasing
sophistication and range that pose a threat to both the
United States and its North Atlantic Treaty Organization
(NATO) allies.
(b) Policy of the United States.--It is the policy of the
United States--
(1) to develop and deploy, as soon as technologically
possible, an effective defense against the threat from Iran
described in subsection (a)(1) that will provide enhanced
protection for the United States, its friends, and its North
Atlantic Treaty Organization allies; and
(2) to proceed in the development of such response in a
manner such that the missile defenses fielded by the United
States in Europe are complementary to missile defense
capabilities that might be fielded by the North Atlantic
Treaty Organization in Europe.
______

SA 2025. Mr. REID (for Mr. Levin) proposed an amendment to the bill
H.R. 710, to provide that criminal penalties do not apply to paired
donations of human kidneys, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Charlie W. Norwood Living
Organ Donation Act''.

SEC. 2. AMENDMENTS TO THE NATIONAL ORGAN TRANSPLANT ACT.

Section 301 of the National Organ Transplant Act (42 U.S.C.
274e) is amended--
(1) in subsection (a), by adding at the end the following:
``For purposes of this section, human organ paired donation
and similar practices, as defined by the Secretary, shall not
be considered to involve the transfer of a human organ for
valuable consideration.''; and
(2) in subsection (c), by adding at the end the following:
``(4) The term `human organ paired donation' means the
donation and receipt of human organs in a circumstance in
which each of the following applies:
``(A) An individual (referred to in this paragraph as the
`first donor') desires to make a living donation of a human
organ specifically to a particular patient (referred to in
this paragraph as the `first patient'), but such donor is
biologically incompatible as a donor for such patient.
``(B) A second individual (referred to in this paragraph as
the `second donor') desires to make a living donation of a
human organ specifically to a second particular patient
(referred to in this paragraph as the `second patient'), but
such donor is biologically incompatible as a donor for such
patient.
``(C) Subject to subparagraph (D), the first donor is
biologically compatible as a donor of a human donor for the
second patient, and the second donor is biologically
compatible as a donor of a human organ for the first patient.
``(D) If there is any additional donor-patient pair as
described in subparagraph (A) or (B), each donor in the group
of donor-patient pairs is biologically compatible as a donor
of a human organ for a patient in such group.
``(E) All donors and patients in the group of donor-patient
pairs (whether 2 pairs or more than 2 pairs) enter into a
single agreement to donate and receive such human organs,
respectively, according to such biological compatibility in
the group.
``(F) Other than as described in subparagraph (E), no
valuable consideration is knowingly acquired, received, or
otherwise transferred with respect to the human organs
referred to in such subparagraph.''.

SEC. 3. REPORT.

Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Secretary of Health and
Human Services shall submit to the appropriate committees of
Congress a report that details the progress made towards
understanding the long-term health effects of living organ
donation.

SEC. 4. NO IMPACT ON SOCIAL SECURITY TRUST FUND.

Nothing in this Act (or an amendment made by this Act)
shall be construed to alter or amend the Social Security Act
(42 U.S.C. 301 et seq.) (or any regulation promulgated under
that Act).

____________________