[110th Congress Public Law 181]
[From the U.S. Government Printing Office]
[DOCID: f:publ181.110]
[[Page 122 STAT. 3]]
Public Law 110-181
110th Congress
An Act
To provide for the enactment of the National Defense Authorization Act
for Fiscal Year 2008, as previously enrolled, with certain modifications
to address the foreign sovereign immunities provisions of title 28,
United States Code, with respect to the attachment of property in
certain judgments against Iraq, the lapse of statutory authorities for
the payment of bonuses, special pays, and similar benefits for members
of the uniformed services, and for other purposes. <<NOTE: Jan. 28,
2008 - [H.R. 4986]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Defense
Authorization Act for Fiscal Year 2008.>> assembled,
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.
(a) Short Title.--This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2008''.
(b) Explanatory Statement.--The Joint Explanatory Statement
submitted by the Committee of Conference for the conference report to
accompany H.R. 1585 of the 110th Congress (Report 110-477) shall be
deemed to be part of the legislative history of this Act and shall have
the same effect with respect to the implementation of this Act as it
would have had with respect to the implementation of H.R. 1585, if such
bill had been enacted.
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; treatment of explanatory statement.
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. National Guard and Reserve equipment.
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.
[[Page 122 STAT. 4]]
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
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. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost-sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
[[Page 122 STAT. 5]]
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
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.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
[[Page 122 STAT. 6]]
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
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.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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. Expansion of authority for reenlistment of officers in their
former enlisted grade.
[[Page 122 STAT. 7]]
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term
active duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States
Military Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance
program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam
War.
[[Page 122 STAT. 8]]
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. 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.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense
dependents' education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United
States flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
[[Page 122 STAT. 9]]
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 610. Correction of lapsed authorities for payment of bonuses,
special pays, and similar benefits for members of the
uniformed services.
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.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and
veterans' disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. 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.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
[[Page 122 STAT. 10]]
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
[[Page 122 STAT. 11]]
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of Government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
[[Page 122 STAT. 12]]
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
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 and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
[[Page 122 STAT. 13]]
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
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.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
[[Page 122 STAT. 14]]
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General
Schedule pay system.
[[Page 122 STAT. 15]]
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
[[Page 122 STAT. 16]]
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
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. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. 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.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
[[Page 122 STAT. 17]]
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or
illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. 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.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related
medical conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
[[Page 122 STAT. 18]]
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. 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.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
[[Page 122 STAT. 19]]
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
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. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
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.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
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 projects.
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. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
[[Page 122 STAT. 20]]
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, National 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 for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
[[Page 122 STAT. 21]]
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
[[Page 122 STAT. 22]]
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
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.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
[[Page 122 STAT. 23]]
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
SEC. 3. <<NOTE: 10 USC 101 note.>> 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.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
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. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
[[Page 122 STAT. 24]]
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.
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, $4,168,798,000.
(2) For missiles, $1,911,979,000.
(3) For weapons and tracked combat vehicles, $3,007,489,000.
(4) For ammunition, $2,214,576,000.
(5) For other procurement, $12,451,312,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$228,000,000.
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, $12,432,644,000.
(2) For weapons, including missiles and torpedoes,
$3,068,187,000.
(3) For shipbuilding and conversion, $13,596,120,000.
(4) For other procurement, $5,209,330,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Marine Corps in the amount
of $2,299,419,000.
(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 $1,058,832,000.
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, $12,117,800,000.
(2) For ammunition, $854,167,000.
(3) For missiles, $4,984,102,000.
(4) For other procurement, $15,405,832,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008
for Defense-wide procurement in the amount of $3,280,435,000.
[[Page 122 STAT. 25]]
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $980,000,000.
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. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D
HELICOPTERS TO CH-47F CONFIGURATION.
The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract, beginning
with the fiscal year 2008 program year, for conversion of CH-47D
helicopters to the CH-47F configuration.
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.
The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract, beginning
with the fiscal year 2008 program year, for procurement of CH-47F
helicopters.
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM PENDING CERTIFICATION
TO CONGRESS.
(a) Funding Restricted.--Of the amounts appropriated pursuant to an
authorization of appropriations for fiscal year 2008 or otherwise made
available for Other Procurement, Army, that are available for Increment
1 of the Warfighter Information Network-Tactical program, not more than
50 percent may be obligated or expended until the Director of
Operational Test and Evaluation submits to the congressional defense
committees a certification, in writing, that the Director of Operational
Test and Evaluation has approved a Test and Evaluation Master Plan and
Initial Operational Test Plan for Increment 1 of the Warfighter
Information Network-Tactical program.
(b) Increment 1 Defined.--For the purposes of this section,
Increment 1 of the Warfighter Information Network-Tactical program
includes all program elements described as constituting ``Increment 1''
in the memorandum titled ``Warfighter Information
[[Page 122 STAT. 26]]
Network-Tactical (WIN-T) Program Acquisition Decision Memorandum'',
dated June 5, 2007, and signed by the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM
PRODUCTION LINE PENDING REPORT.
(a) Prohibition.--Amounts appropriated pursuant to the authorization
of appropriations in section 101(2) for missiles, Army, and in section
1502(4) for missile procurement, Army, and any other appropriated funds
available to the Secretary of the Army may not be used to close the
production line for the Army Tactical Missile System program until after
the date on which the Secretary of the Army submits to the congressional
defense committees a report that contains--
(1) <<NOTE: Certification.>> the certification of the
Secretary that the long range surface-to-surface strike and
counter battery mission of the Army can be adequately performed
by other Army weapons systems or by other elements of the Armed
Forces; and
(2) <<NOTE: Plan.>> a plan to mitigate any shortfalls in the
industrial base that would be created by the closure of the
production line.
(b) Submission of Report.--The report referred to in subsection (a)
is required not later than April 1, 2008.
SEC. 117. 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).
Subtitle C--Navy Programs
SEC. 121. 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
[[Page 122 STAT. 27]]
year, for the procurement of Virginia-class submarines and Government-
furnished equipment associated with the Virginia-class submarine
program.
(b) Limitation.--The Secretary may not enter into a contract
authorized by subsection (a) until--
(1) <<NOTE: Certification.>> the Secretary submits to the
congressional defense committees a certification that the
Secretary has made, with respect to that contract, each of the
findings required by subsection (a) of section 2306b of title
10, United States Code; and
(2) <<NOTE: Deadline.>> a period of 30 days has elapsed
after the date of the transmission of such certification.
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.
(a) Study Required.--The Secretary of the Navy shall provide for a
study to determine the effectiveness of current financing mechanisms for
providing incentives for contractors to make shipbuilding capital
expenditures, and to assess potential capital expenditure incentives
that would lead to ship construction or life-cycle cost savings to the
Federal Government. The study shall examine--
(1) potential improvements in design tools and techniques,
material management, technology insertion, systems integration
and testing, and other key processes and functions that would
lead to reduced construction costs;
(2) construction process improvements that would reduce
procurement and life-cycle costs of the vessels under
construction at the contractor's facilities; and
(3) incentives for investment in shipyard infrastructure
that support construction process improvements.
(b) Report.--Not later than October 1, 2008, the Secretary of the
Navy shall submit to the congressional defense committees a report
providing the results of the study under subsection (a). The report
shall include each of the following:
(1) An assessment of the shipbuilding industrial base, as
measured by a 10-year history for major shipbuilders with
respect to--
(A) estimated value of shipbuilding facilities;
(B) critical shipbuilding capabilities;
(C) capital expenditures;
(D) major investments in process improvements; and
(E) costs for related Navy shipbuilding projects.
(2) A description of mechanisms available to the Government
and industry to finance facilities and process improvements,
including--
(A) contract incentive and award fees;
(B) facilities capital cost of money;
(C) facilities depreciation;
(D) progress payment provisions;
(E) other contract terms and conditions;
(F) State and Federal tax provisions and tax
incentives;
(G) the National Shipbuilding Research Program; and
(H) any other mechanisms available.
(3) A summary of potential shipbuilding investments that
offer greatest reduction to shipbuilding costs, including, for
each such investment--
(A) a project description;
[[Page 122 STAT. 28]]
(B) an estimate of required investment;
(C) the estimated return on investment; and
(D) alternatives for financing the investment.
(4) The Navy's strategy for providing incentives for
contractors' capital expenditures that would lead to ship
construction or life-cycle savings to the Federal Government,
including identification of any specific changes in legislative
authority that would be required for the Secretary to execute
this strategy.
(c) Utilization of Other Studies and Outside Experts.--The study
shall build upon the results of the 2005 and 2006 Global Shipbuilding
Industrial Base Benchmarking studies. Financial analysis associated with
the report shall be conducted in consultation with financial experts
independent of the Department of Defense.
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED UNITED
STATES SHIPYARD WORKFORCE.
(a) Sense of Congress.--It is the sense of Congress that the
preservation of a robust domestic skilled workforce is required for the
national shipbuilding infrastructure and particularly essential to the
construction of ships for the United States Navy.
(b) Study Required.--
(1) In general.--The Secretary of the Navy shall determine,
on a one-time, non-recurring basis, and in consultation with the
Department of Labor, the average number of H2B visa workers
employed by the major shipbuilders in the construction of United
States Navy ships during the calendar year ending December 31,
2007. The study shall also identify the number of workers
petitioned by the major shipbuilders for use in calendar year
2008, as of the first quarter of calendar year 2008.
(2) Report.--Not later than April 1, 2008, the Secretary of
the Navy shall submit to the congressional defense committees a
report containing the results of the study required by
subsection (b).
(3) Definitions.--In this paragraph--
(A) the term ``major shipbuilder'' means a prime
contractor or a first-tier subcontractor responsible for
delivery of combatant and support vessels required for
the naval vessel force, as reported within the annual
naval vessel construction plan required by section 231
of title 10, United States Code; and
(B) the term ``H2B visa'' means a non-immigrant visa
program that permits employers to hire foreign workers
to come temporarily to the United States and perform
temporary non-agricultural services or labor on a one-
time, seasonal, peakload, or intermittent basis.
SEC. 124. <<NOTE: 10 USC 7291 note.>> ASSESSMENTS REQUIRED PRIOR TO
START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING
PROGRAM.
(a) In General.--Concurrent with approving the start of construction
of the first ship for any major shipbuilding program, the Secretary of
the Navy shall--
(1) <<NOTE: Reports.>> submit a report to the congressional
defense committees on the results of any production readiness
review; and
(2) <<NOTE: Certification.>> certify to the congressional
defense committees that the findings of any such review support
commencement of construction.
[[Page 122 STAT. 29]]
(b) Report.--The report required by subsection (a)(1) shall include,
at a minimum, an assessment of each of the following:
(1) The maturity of the ship's design, as measured by
stability of the ship contract specifications and the degree of
completion of detail design and production design drawings.
(2) The maturity of developmental command and control
systems, weapon and sensor systems, and hull, mechanical and
electrical systems.
(3) The readiness of the shipyard facilities and workforce
to begin construction.
(4) The Navy's estimated cost at completion and the adequacy
of the budget to support the estimate.
(5) The Navy's estimated delivery date and description of
any variance to the contract delivery date.
(6) The extent to which adequate processes and metrics are
in place to measure and manage program risks.
(c) Applicability.--This section applies to each major shipbuilding
program beginning after the date of the enactment of this Act.
(d) Definitions.--For the purposes of subsection (a):
(1) Start of construction.--The term ``start of
construction'' means the beginning of fabrication of the hull
and superstructure of the ship.
(2) First ship.--The term ``first ship'' applies to a ship
if--
(A) the ship is the first ship to be constructed
under that shipbuilding program; or
(B) the shipyard at which the ship is to be
constructed has not previously started construction on a
ship under that shipbuilding program.
(3) Major shipbuilding program.--The term ``major
shipbuilding program'' means a program for the construction of
combatant and support vessels required for the naval vessel
force, as reported within the annual naval vessel construction
plan required by section 231 of title 10, United States Code.
(4) Production readiness review.--The term ``production
readiness review'' means a formal examination of a program prior
to the start of construction to determine if the design is ready
for production, production engineering problems have been
resolved, and the producer has accomplished adequate planning
for the production phase.
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3157) is amended by striking
subsections (a), (b), (c), and (d) and inserting the following:
``(a) Limitation of Costs.--
``(1) In general.--The total amount obligated or expended
for the procurement costs of post-2007 LCS vessels shall not
exceed $460,000,000 per vessel.
``(2) Procurement costs.--For purposes of this section,
procurement costs shall include all costs for plans, basic
construction, change orders, electronics, ordnance, contractor
support, and other costs associated with completion of
production drawings, ship construction, test, and delivery,
including work performed post-delivery that is required to meet
original contract requirements.
[[Page 122 STAT. 30]]
``(3) Post-2007 lcs vessels.--For purposes of this section,
the term `post-2007 LCS vessel' means a vessel in the Littoral
Combat Ship (LCS) class of vessels, the procurement of which is
funded from amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008
or any fiscal year thereafter.
``(b) Contract Type.--The Secretary of the Navy shall employ a
fixed-price type contract for construction of post-2007 LCS vessels.
``(c) Limitation of Government Liability.--The Secretary of the Navy
shall not enter into a contract, or modify a contract, for construction
or final delivery of post-2007 LCS vessels if the limitation of the
Government's cost liability, when added to the sum of other budgeted
procurement costs, would exceed $460,000,000 per vessel.
``(d) Adjustment of Limitation Amount.--The Secretary of the Navy
may adjust the amount set forth in subsections (a)(1) and (c) for
vessels referred to in such subsections by the following:
``(1) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2007.
``(2) The amounts of outfitting costs and costs required to
complete post-delivery test and trials.''.
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.
No <<NOTE: Deadline. Submissions.>> funds appropriated pursuant to
an authorization of appropriations or otherwise made available for
procurement, or for research, development, test, and evaluation, may be
obligated or expended for the Joint Cargo Aircraft until 30 days after
the Secretary of Defense submits to the congressional defense committees
each of the following:
(1) The Air Force Air Mobility Command's Airlift Mobility
Roadmap.
(2) <<NOTE: Study.>> The Department of Defense Intra-Theater
Airlift Capabilities Study.
(3) The Department of Defense Joint Intra-Theater
Distribution Assessment.
(4) The Joint Cargo Aircraft Functional Area Series
Analysis.
(5) The Joint Cargo Aircraft Analysis of Alternatives.
(6) The Joint Intra-Theater Airlift Fleet Mix Analysis.
(7) <<NOTE: Certification.>> The Secretary's certification
that--
(A) there is, within the Department of the Army,
Department of the Air Force, Army National Guard, or Air
National Guard, a capability gap or shortfall with
respect to intra-theater airlift; and
(B) validated requirements exist to fill that gap or
shortfall through procurement of the Joint Cargo
Aircraft.
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
Section 133(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) is amended--
(1) in paragraph (1)--
[[Page 122 STAT. 31]]
(A) by striking ``After fiscal year 2007'' and
inserting ``For each fiscal year after fiscal year
2007''; and
(B) by inserting after ``Secretary of Defense'' the
following: ``, in that fiscal year,''; and
(2) in paragraph (2)--
(A) by inserting after ``Department of Defense'' the
following: ``in a fiscal year''; and
(B) by inserting after ``Congress'' the following:
``in that fiscal year''.
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL
AIRCRAFT.
(a) In General.--Effective <<NOTE: Effective date.>> as of the date
specified in subsection (b), section 137(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2114) is repealed.
(b) <<NOTE: Study.>> Specified Date.--The date specified in this
subsection is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 134. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.
(a) General Prohibition.--The Secretary of the Air Force may not
retire C-130E/H tactical airlift aircraft during fiscal year 2008,
except as provided in subsection (b).
(b) Contingent Authority to Retire Certain C-130E Aircraft.--
Effective <<NOTE: Effective date.>> as of the date specified in
subsection (d), subsection (a) shall not apply to C-130E tactical
airlift aircraft, and the number of such aircraft retired by the
Secretary of the Air Force during fiscal year 2008 may not exceed 24.
(c) Treatment of Retired Aircraft.--The Secretary of the Air Force
shall maintain each C-130E tactical airlift aircraft that is retired
during fiscal year 2008 in a condition that would allow recall of that
aircraft to future service.
(d) <<NOTE: Study.>> Specified Date.--The date specified in this
subsection is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING AIRCRAFT.
(a) Limitation on Retirement of More Than 48 Aircraft.--The
Secretary of the Air Force may not retire more than 48 KC-135E aerial
refueling aircraft of the Air Force during fiscal year 2008, except as
provided in subsection (b).
(b) Contingent Authority to Retire 37 Additional Aircraft.--
Effective <<NOTE: Effective date.>> as of the date specified in
subsection (c), the number of such aircraft retired by the Secretary of
the Air Force during fiscal year 2008 may not exceed 85.
(c) <<NOTE: Certification.>> Specified Date.--The date specified in
this subsection is the date that is 15 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Secretary's certification that--
(1) the system design and development contract for the KC-X
program has been awarded; and
(2) if a protest is submitted pursuant to subchapter 5 of
title 31, United States Code--
[[Page 122 STAT. 32]]
(A) the protest has been resolved in favor of the
Federal agency; or
(B) the Secretary has authorized performance of the
contract (notwithstanding the protest).
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL
AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more than 3 C-130E
tactical airlift aircraft, allowed to be retired under the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), to the Government of Iraq.
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER
AIRCRAFT.
(a) Maintenance of Primary, Backup, and Attrition Reserve Inventory
of Aircraft.--Subsection (a) of section 131 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2111) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) shall maintain in a common capability
configuration a primary aircraft inventory of not less
than 63 such aircraft, a backup aircraft inventory of
not less than 11 such aircraft, and an attrition reserve
aircraft inventory of not less than 2 such aircraft; and
``(D) shall not keep any such aircraft referred to
in subparagraph (C) in a status considered excess to the
requirements of the possessing command and awaiting
disposition instructions.''; and
(2) by adding at the end the following:
``(3) Definitions.--For purposes of paragraph (1):
``(A) The term `primary aircraft inventory' means
aircraft assigned to meet the primary aircraft
authorization to--
``(i) a unit for the performance of its
wartime mission;
``(ii) a training unit primarily for technical
and specialized training for crew personnel or
leading to aircrew qualification;
``(iii) a test unit for testing of the
aircraft or its components for purposes of
research, development, test and evaluation,
operational test and evaluation, or to support
testing programs; or
``(iv) meet requirements for special missions
not elsewhere classified.
``(B) The term `backup aircraft inventory' means
aircraft above the primary aircraft inventory to permit
scheduled and unscheduled depot level maintenance,
modifications, inspections, and repairs, and certain
other mitigating circumstances without reduction of
aircraft available for the assigned mission.
``(C) The term `attrition reserve aircraft
inventory' means aircraft required to replace
anticipated losses of primary aircraft inventory due to
peacetime accidents or wartime attrition.
[[Page 122 STAT. 33]]
``(4) Treatment of retired aircraft.--Of the aircraft
retired in accordance with paragraph (1)(A), the Secretary of
the Air Force may use not more than 2 such aircraft for
maintenance ground training.''.
(b) Notice of Retirement.--Subsection (b)(1) of such section is
amended by striking ``45 days'' and inserting ``60 days''.
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. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle Program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
[[Page 122 STAT. 34]]
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, $10,840,392,000.
(2) For the Navy, $16,980,732,000.
(3) For the Air Force, $25,692,521,000.
(4) For Defense-wide activities, $20,213,900,000, 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, $10,913,944,000 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. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS
NETWORK.
(a) Operational Test and Evaluation Required.--The Secretary of the
Army, in cooperation with the Director, Operational Test and Evaluation,
shall complete an operational test and evaluation (as defined in section
139(a)(2)(A) of title 10, United States Code), of the FCS network in a
realistic environment simulating operational conditions. The operational
test and evaluation shall--
(1) be conducted in accordance with a Future Combat Systems
Test and Evaluation Master Plan approved by the Director,
Operational Test and Evaluation;
(2) be conducted using prototype equipment, sensors, and
software for the FCS network;
(3) be conducted in a manner that simulates a full Future
Combat Systems brigade;
(4) be conducted, to the maximum extent possible, using
actual communications equipment instead of computer simulations;
(5) be conducted in a realistic operational electronic
warfare environment, including enemy electronic warfare and
network attacks; and
(6) include, to the maximum extent possible, all sensor
information feeds the FCS network is designed to incorporate.
(b) FCS Network Defined.--In this section, the term ``FCS network''
includes all sensors, information systems, computers, and
[[Page 122 STAT. 35]]
communications systems necessary to support Future Combat Systems
brigade operations.
(c) Report.--Not later than 120 days after completing the
operational test and evaluation required by subsection (a), the
Director, Operational Test and Evaluation shall submit to the
congressional defense committees a report on the outcome of the
operational test and evaluation. The report shall include, at a
minimum--
(1) an evaluation of the overall operational effectiveness
of the FCS network, including--
(A) an evaluation of the FCS network's capability to
transmit the volume and classes of data required by
Future Combat Systems approved requirements; and
(B) an evaluation of the FCS network's performance
in a degraded condition due to enemy network attack,
sophisticated enemy electronic warfare, adverse weather
conditions, and terrain variability;
(2) an evaluation of the FCS network's ability to improve
friendly force knowledge of the location and capability of enemy
forces and combat systems; and
(3) an evaluation of the overall operational suitability of
the FCS network.
(d) Limitation Pending Submission of Report.--
(1) In general.--No funds, with the exception of funds for
advanced procurement, appropriated pursuant to an authorization
of appropriations or otherwise made available to the Department
of the Army for any fiscal year may be obligated for low-rate
initial production or full-rate production of Future Combat
Systems manned ground vehicles until 60 days after the date on
which the report is submitted under subsection (c).
(2) Waiver authority.--The Secretary of Defense may waive
the limitation in paragraph (1) if the Secretary determines that
such a waiver is critical for national security. Such a waiver
shall not become effective until 45 days after the date on which
the Secretary submits to the congressional defense committees a
written notice of the waiver.
(3) Inapplicability to the non line of sight cannon
vehicle.--The limitation in paragraph (1) does not apply to the
Non Line of Sight Cannon vehicle.
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT AND
DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE PROGRAM.
Of the amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint Light Tactical
Vehicle Program for the acquisition program phase of systems development
and demonstration for fiscal year 2008 or any fiscal year thereafter, no
more than 50 percent of those amounts may be obligated or expended until
after--
(1) <<NOTE: Certification.>> the Under Secretary of Defense
for Acquisition, Technology, and Logistics, or the appropriate
milestone decision authority, makes the certification required
by section 2366a of title 10, United States Code, with respect
to the Joint Light Tactical Vehicle Program; and
(2) the certification has been received by the congressional
defense committees.
[[Page 122 STAT. 36]]
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR DEVELOPMENT AND
PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR THE JOINT
STRIKE FIGHTER.
Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008 or any
year thereafter, for research, development, test, and evaluation and
procurement for the Joint Strike Fighter Program, the Secretary of
Defense shall ensure the obligation and expenditure in each such fiscal
year of sufficient annual amounts for the continued development and
procurement of 2 options for the propulsion system for the Joint Strike
Fighter in order to ensure the development and competitive production
for the propulsion system for the Joint Strike Fighter.
SEC. 214. <<NOTE: 10 USC 2521 note.>> LIMITATION ON USE OF FUNDS FOR
DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
No funds available to the Office of the Secretary of Defense for any
fiscal year may be obligated or expended for the defense-wide
manufacturing science and technology program unless the Director,
Defense Research and Engineering, ensures each of the following:
(1) A component of the Department of Defense has requested
and evaluated--
(A) competitive proposals, for each project under
the program that is not a project covered by
subparagraph (B); and
(B) proposals from as many sources as is practicable
under the circumstances, for a project under the program
if the disclosure of the needs of the Department of
Defense with respect to that project would compromise
the national security.
(2) Each project under the program is carried out--
(A) in accordance with the statutory requirements of
the Manufacturing Technology Program established by
section 2521 of title 10, United States Code; and
(B) in compliance with all requirements of any
directive that applies to manufacturing technology.
(3) An implementation plan has been developed.
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) <<NOTE: Deadlines.>> Transfer of Funds.--(1) Of the amount
authorized to be appropriated by section 201(3) for research,
development, test, and evaluation, Air Force activities, and made
available for the activities of the Intelligence Systems Support Office,
an aggregate of $13,000,000 shall be transferred to the Advanced Sensor
Applications Program not later than 60 days after the date of the
enactment of this Act.
(2) Of the amount authorized to be appropriated by section 301(2)
for operation and maintenance, Navy activities, and made available for
the activities of the Office of Naval Intelligence, an aggregate of
$5,000,000 shall be transferred to the Advanced Sensor Applications
Program not later than 60 days after the date of the enactment of this
Act.
(b) Assignment of Program.--Management of the program shall reside
within the office of the Under Secretary of Defense for Intelligence
until certain conditions specified in the classified annex to the
statement of managers accompanying this Act are
[[Page 122 STAT. 37]]
met. The program shall be executed by the Commander, Naval Air Systems
Command in consultation with the Program Executive Officer for Aviation
for the Navy.
SEC. 216. ACTIVE PROTECTION SYSTEMS.
(a) Live-Fire Tests Required.--
(1) In general.--The Secretary of Defense shall undertake
live-fire tests, of appropriate foreign and domestic active
protection systems with size, weight, and power characteristics
suitable for protecting wheeled tactical vehicles, especially
light wheeled tactical vehicles, in order--
(A) to determine the effectiveness of such systems
for protecting wheeled tactical vehicles; 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.
(3) Funding.--The live-fire tests required by paragraph (1)
shall be conducted using funds authorized and appropriated for
the Joint Improvised Explosive Device Defeat Fund.
(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).
Subtitle C--Ballistic Missile Defense
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION, IN
MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.
Section 139 of title 10, United States Code, is amended--
[[Page 122 STAT. 38]]
(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) <<NOTE: Records.>> The Director of the Missile Defense
Agency shall make available 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 conducting 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. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE DEFENSE
AGENCY.
(a) In General.--The Secretary of Defense shall enter into an
agreement with 1 of the Federally Funded Research and Development
Centers under which the Center shall carry out an independent study to
examine, and make recommendations with respect to, the long-term
structure, roles, and missions of the Missile Defense Agency.
(b) Matters Included.--
(1) Review.--The study shall include a full review of the
structure, roles, and missions of the Missile Defense Agency.
(2) Assessments.--The study shall include an examination and
assessment of the current and future--
(A) structure, roles, and missions of the Missile
Defense Agency;
(B) relationship of the Missile Defense Agency
with--
(i) the Office of the Under Secretary of
Defense for Acquisition, Technology, and
Logistics;
(ii) the Office of the Under Secretary of
Defense for Policy;
(iii) the Director of Operational Test and
Evaluation;
(iv) the Commander of the United States
Strategic Command and other combatant commanders;
(v) the Joint Requirements Oversight Council;
and
(vi) the military departments;
(C) operations and sustainment of missile defenses;
(D) acquisition process for missile defense;
(E) requirements process for missile defense; and
(F) transition and transfer of missile defense
capabilities to the military departments.
(3) Recommendations.--The study shall include
recommendations as to how the Missile Defense Agency can be made
more effective to support the needs of the warfighter,
especially with regard to near-term missile defense
capabilities. The study shall also examine the full range of
options for
[[Page 122 STAT. 39]]
the future of the Missile Defense Agency and shall include, but
not be limited to, specific recommendations as to whether--
(A) the Missile Defense Agency should be maintained
in its current configuration;
(B) the scope and nature of the Missile Defense
Agency should be changed from an organization focused on
research and development to an organization focused on
combat support;
(C) any functions and responsibilities should be
added to the Missile Defense Agency, in part or in
whole, from other entities such as the United States
Strategic Command and the military departments; and
(D) any functions and responsibilities of the
Missile Defense Agency should be transferred, in part or
in whole, to other entities such as the United States
Strategic Command and the military departments.
(c) Cooperation From Government.--In carrying out the study, the
Federally Funded Research and Development Center shall receive the full
and timely cooperation of the Secretary of Defense and any other United
States Government official in providing the Center with analyses,
briefings, and other information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than September 1, 2008, the Federally Funded
Research and Development Center 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 its findings, conclusions, and
recommendations.
(e) Funding.--Funds for the study shall be provided from amounts
appropriated for the Department of Defense.
SEC. 223. <<NOTE: 10 USC 223 note.>> 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 2009 (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) Revised Budget Structure for Fiscal Year 2009.--The budget
justification materials submitted to Congress in support of the
Department of Defense budget for fiscal year 2009 (as submitted with the
budget of the President under section 1105(a) of title 31, United States
Code) shall--
(1) identify all known and estimated operation and support
costs; and
(2) set forth separately amounts requested for the Missile
Defense Agency for each of the following:
(A) Research, development, test, and evaluation.
(B) Procurement or advance procurement of long lead
items, including for Terminal High Altitude Area Defense
firing units 3 and 4, and for Standard Missile-3 Block
1A interceptors.
(C) Military construction.
[[Page 122 STAT. 40]]
(c) Availability of RDT&E Funds for Fiscal Year 2009.--Upon approval
by the Secretary of Defense, and consistent with the plan submitted
under subsection (f), funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2009 for
research, development, test, and evaluation for the Missile Defense
Agency--
(1) may be used for the fielding of ballistic missile
defense capabilities approved previously by Congress; and
(2) may not be used for--
(A) military construction activities; or
(B) procurement or advance procurement of long lead
items, including for Terminal High Altitude Area Defense
firing units 3 and 4, and for Standard Missile-3 Block
1A interceptors.
(d) Full Funding Requirement Not Applicable to Use of Procurement
Funds for Fiscal Years 2009 and 2010.--In any case in which funds
appropriated pursuant to an authorization of appropriations or otherwise
made available for procurement for the Missile Defense Agency for fiscal
years 2009 and 2010 are used for the fielding of ballistic missile
defense capabilities, the funds may be used for the fielding of those
capabilities on an ``incremental'' basis, notwithstanding any law or
policy of the Department of Defense that would otherwise require a
``full funding'' basis.
(e) Relationship to Other Law.--Nothing in this provision shall be
construed to alter or otherwise affect in any way the applicability of
the requirements and other provisions of section 234(a) through (d) of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1837; 10 U.S.C. 2431 note).
(f) Plan Required.--Not <<NOTE: Deadline.>> later than March 1,
2008, the Director of the Missile Defense Agency shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a plan for transitioning the
Missile Defense Agency from using exclusively research, development,
test, and evaluation funds to using procurement, military construction,
operations and maintenance, and research, development, test, and
evaluation funds for the appropriate budget activities, and for
transitioning from incremental funding to full funding for fiscal years
after fiscal year 2010.
(g) 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--
[[Page 122 STAT. 41]]
(i) has entered the equivalent of the systems
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, 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 October 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. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3 BLOCK
IIA MISSILE.
None <<NOTE: Certification.>> of the funds appropriated or
otherwise made available pursuant to an authorization of appropriations
in this Act may be obligated or expended to replace the unitary warhead
on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after
the Secretary of Defense certifies to Congress that--
(1) <<NOTE: Japan.>> the United States and Japan have
reached an agreement to replace the unitary warhead on the SM-3
Block IIA missile; and
(2) replacing the unitary warhead on the SM-3 Block IIA
missile with the Multiple Kill Vehicle will not delay the
expected deployment date of 2014-2015 for that missile.
SEC. 225. 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''.
SEC. 226. 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
[[Page 122 STAT. 42]]
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) <<NOTE: Deadline.>> Forty five days have elapsed
following the receipt by Congress of the report required under
subsection (c)(6).
(b) Additional Limitation.--
In <<NOTE: Reports. Certification.>> 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 and for the United States homeland.
(2) Analysis of administration proposal.--The study shall
provide a full analysis of the Administration's proposal to
protect forward-deployed forces of the United States and its
allies in Europe, forward-deployed radars in Europe, and the
United States by deploying, in Europe, interceptors and radars
of the Ground-Based Midcourse Defense (GMD) system. In providing
the analysis, the study shall examine each of the following
matters:
(A) The threat to Europe and the United States of
ballistic missiles (including short-range, medium-range,
intermediate-range, and long-range ballistic missiles)
from Iran, including the likelihood and timing of such
threats.
(B) The technical capabilities of the system, as so
deployed, to effectively protect forward-deployed forces
of the United States and its allies in Europe, forward-
deployed radars in Europe, and the United States against
the threat specified in subparagraph (A).
(C) The degree of coverage of the European territory
of members of the North Atlantic Treaty Organization.
(D) The political implications of such a deployment
on the United States, the North Atlantic Treaty
Organization, and other interested parties.
(E) Integration and interoperability with North
Atlantic Treaty Organization missile defenses.
(F) The operational issues associated with such a
deployment, including operational effectiveness.
[[Page 122 STAT. 43]]
(G) The force structure implications of such a
deployment, including a comparative analysis of
alternative deployment options.
(H) The budgetary implications of such a deployment,
including possible allied cost sharing, and the cost-
effectiveness of such a deployment.
(I) Command and control arrangements, including any
command and control roles for the United States European
Command and the North Atlantic Treaty Organization.
(J) Potential opportunities for participation by the
Government of Russia.
(3) Analysis of alternatives.--The study shall also provide
a full analysis of alternative systems that could be deployed to
fulfill, in whole or in part, the protective purposes of the
Administration's proposal. The alternative systems shall include
a range of feasible combinations of other missile defense
systems that are available or are expected to be available as of
2015 and 2020. These should include, but not be limited to, the
following:
(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) Forward-Based X-band Transportable (FBX-T)
radars.
(F) The Kinetic Energy Interceptor (KEI).
(G) Other non-United States, North Atlantic Treaty
Organization missile defense systems or components.
(4) Matters examined.--In providing the analysis, the study
shall examine, for each alternative system included, each of the
matters specified in paragraph (2).
(5) Cooperation of other agencies.--The Secretary of Defense
shall provide the federally funded research and development
center selected under paragraph (1) data, analyses, briefings,
and other information as the center considers necessary to carry
out the assessment described in that paragraph. Furthermore, the
Director of National Intelligence and the heads of other
departments and agencies of the United States Government shall
also provide the center the appropriate data, analyses,
briefings, and other information necessary for the purpose of
carrying out the assessment described in that paragraph.
(6) Report.--Not later than 180 days after the date of the
enactment of this Act, the federally funded research and
development center shall submit to the congressional defense
committees and the Secretary of Defense a report on the results
of the study. The report shall be in unclassified form, but may
include a classified annex.
(7) Funding.--Of the amounts appropriated or otherwise made
available pursuant to the authorization of appropriations in
section 201(4), $1,000,000 is available to carry out the study
required by this subsection.
(d) Construction.--Nothing in this section shall be construed to
limit continuing obligation and expenditure of funds for missile
[[Page 122 STAT. 44]]
defense, including for research and development and for other activities
not otherwise limited by subsection (a) or (b), including, but not
limited to, site surveys, studies, analysis, and planning and design for
the proposed missile defense deployment in Europe.
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that the United
States should have an active program of ballistic missile defense
cooperation with Israel, and should take steps to improve the
coordination, interoperability, and integration of United States and
Israeli missile defense capabilities, and to enhance the capability of
both nations to defend against ballistic missile threats present in the
Middle East region.
(b) Report.--
(1) In general.--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 status
of missile defense cooperation between the United States and
Israel.
(2) Content.--The report submitted under this subsection
shall include each of the following:
(A) A description of the current program of
ballistic missile defense cooperation between the United
States and Israel, including its objectives and results
to date.
(B) A description of steps taken within the previous
five years to improve the interoperability and
coordination of the missile defense capabilities of the
United States and Israel.
(C) A description of steps planned to be taken by
the governments of the United States and Israel in the
future to improve the coordination, interoperability,
and integration of their missile defense capabilities.
(D) A description of joint efforts of the United
States and Israel to develop ballistic missile defense
technologies.
(E) A description of joint missile defense exercises
and training that have been conducted by the United
States and Israel, and the lessons learned from those
exercises.
(F) A description of the joint missile defense
testing activities of the United States and Israel, past
and planned, and the benefits of such joint testing
activities.
(G) A description of how the United States and
Israel share threat assessments regarding the ballistic
missile threat.
(H) Any other matters that the Secretary considers
appropriate.
SEC. 228. <<NOTE: Certification.>> 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.
[[Page 122 STAT. 45]]
SEC. 229. <<NOTE: 10 USC 2431 note.>> 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--
(1) pose a threat to--
(A) the forward-deployed forces of the United
States;
(B) North Atlantic Treaty Organization (NATO) allies
in Europe; and
(C) other allies and friendly foreign countries in
the region; and
(2) eventually could pose a threat to the United States
homeland.
(b) Policy of the United States.--It is the policy of the United
States--
(1) to develop, test, and deploy, as soon as technologically
feasible, in conjunction with allies and friendly foreign
countries whenever possible, an effective defense against the
threat from Iran described in subsection (a) that will provide
protection--
(A) for the forward-deployed forces of the United
States, NATO allies, and other allies and friendly
foreign countries in the region; and
(B) for the United States homeland;
(2) to encourage the NATO alliance to accelerate its efforts
to--
(A) protect NATO territory in Europe against the
existing threat of Iranian short- and medium-range
ballistic missiles; and
(B) facilitate the ability of NATO allies to acquire
the missile defense systems needed to provide a wide-
area defense capability against short- and medium-range
ballistic missiles; and
(3) to proceed with the activities specified in paragraphs
(1) and (2) in a manner such that any missile defense systems
fielded by the United States in Europe are integrated with or
complementary to missile defense systems fielded by NATO in
Europe.
Subtitle D--Other Matters
SEC. 231. <<NOTE: 10 USC 1701 note.>> COORDINATION OF HUMAN SYSTEMS
INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition, Technology, and Logistics, shall
coordinate and manage human systems integration activities throughout
the acquisition programs of the Department of Defense.
(b) Administration.--In carrying out subsection (a), the Secretary
shall designate a senior official to be responsible for the effort.
(c) Responsibilities.--In carrying out this section, the senior
official designated in subsection (b) shall--
(1) coordinate the planning, management, and execution of
such activities; and
[[Page 122 STAT. 46]]
(2) identify and recommend, as appropriate, resource
requirements for human systems integration activities.
(d) Designation.--The <<NOTE: Deadline.>> designation required by
subsection (b) shall be made not later than 60 days after the date of
the enactment of this Act.
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY FACILITIES,
SERVICES, AND EQUIPMENT.
Section 2539b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) make available to any person or entity, through
leases, contracts, or other appropriate arrangements,
facilities, services, and equipment of any government
laboratory, research center, or range, if the facilities,
services, and equipment provided will not be in direct
competition with the domestic private sector.'';
(2) in subsection (c)--
(A) by striking ``for services''; and
(B) by striking ``subsection (a)(3)'' and inserting
``subsections (a)(3) and (a)(4)''; and
(3) in subsection (d)--
(A) by striking ``for services made available''; and
(B) by striking ``subsection (a)(3)'' and inserting
``subsections (a)(3) and (a)(4)''.
SEC. 233. 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. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense 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 implementation of the technologies and
processes developed under the Manufacturing Technology Program required
by section 2521 of title 10, United States Code.
(b) Elements.--The report shall identify each technology or process
implemented and, for each such technology or process, shall identify--
(1) the project of the Manufacturing Technology Program
through which the technology or process was developed, the
Federal and non-Federal participants in that project, and the
duration of the project;
(2) the organization or program implementing the technology
or process, and a description of the implementation;
[[Page 122 STAT. 47]]
(3) the funding required to implement the technology or
process, including--
(A) funds provided by military departments and
Defense Agencies under the Manufacturing Technology
Program;
(B) funds provided by the Department of Defense, or
any element of the Department, to co-develop the
technology or process;
(C) to the maximum extent practicable, funds
provided by the Department of Defense, or any element of
the Department, to--
(i) mature the technology or process prior to
transition to the Manufacturing Technology
Program; and
(ii) provide for the implementation of the
technology or process;
(4) the total value of industry cost share, if applicable;
(5) if applicable, the total value of cost avoidance or cost
savings directly attributable to the implementation of the
technology or process; and
(6) a description of any system performance enhancements,
technology performance enhancements, or improvements in a
manufacturing readiness level of a system or a technology.
(c) Definition.--For purposes of this section, the term
``implementation'' refers to--
(1) the use of a technology or process in the manufacture of
defense materiel;
(2) the inclusion of a technology or process in the systems
engineering plan for a program of record; or
(3) the use of a technology or process for the manufacture
of commercial items.
(d) Scope.--The report shall include technologies or processes
developed with funds appropriated or otherwise made available for the
Manufacturing Technology programs of the military departments and
Defense Agencies for fiscal years 2003 through 2005.
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.
(a) Assessment Required.--The Director of Operational Test and
Evaluation shall assess whether the Director's professional staff meets
the requirement of section 139(j) of title 10, United States Code, that
the staff be sufficient to carry out the Director's duties and
responsibilities.
(b) Inclusion in Report.--The Director shall include the results of
the assessment in the report, required by section 139(g) of title 10,
United States Code, summarizing the operational test and evaluation
activities during fiscal year 2007.
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA
REVIEW AND ASSESSMENT SUMMARIES.
Subsection (c) of section 253 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3179; 10 U.S.C.
2501 note) is repealed.
[[Page 122 STAT. 48]]
SEC. 237. 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) <<NOTE: Deadline.>> 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. 238. 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) Five-Year Strategic Plan.--(1) The Secretary shall develop a
plan for the program that includes the following:
``(A) The overall manufacturing technology goals,
milestones, priorities, and investment strategy for the program.
``(B) 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) Each plan, and each update to the plan, shall cover a period
of five fiscal years.''.
(b) <<NOTE: 10 USC 2521 note.>> Initial Development and Submission
of Plan.--
(1) Development.--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.
(2) Submission.--Not <<NOTE: Deadline.>> later than the
date on which the budget of the President for fiscal year 2010
is submitted to Congress under section 1105 of title 31, United
States Code, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives the plan specified in paragraph
(1).
SEC. 239. 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. 240. 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
[[Page 122 STAT. 49]]
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 research and
development 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 Department of Defense participation in
interagency coordination of the program with other departments
and agencies participating in the National Nanotechnology
Initiative.''.
(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) Strategic Plan.--The Under Secretary shall develop and
maintain a strategic plan for defense nanotechnology research and
development that--
``(1) is integrated with the strategic plan for the National
Nanotechnology Initiative and the strategic plans of the
Director of Defense Research and Engineering, the military
departments, and the Defense Agencies; and
``(2) includes a clear strategy for transitioning the
research into products needed by the Department.''.
(d) Reports.--Such section is further amended by adding at the end
the following new subsection:
``(e) Reports.--
``(1) In general.--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) Matters included.--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
[[Page 122 STAT. 50]]
``(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) Classification.--Each report under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.''.
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ASSESSMENT OF
THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
(a) Assessment Required.--The Secretary of Defense shall--
(1) utilize a defense federally funded research and
development center to carry out an assessment of the
effectiveness of the Defense Experimental Program to Stimulate
Competitive Research; and
(2) <<NOTE: Deadline. Reports.>> not later than nine months
after the date of the enactment of this Act, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on that assessment.
(b) Matters Assessed.--The report under subsection (a) shall include
the following:
(1) A description and assessment of the tangible results and
progress toward the objectives of the program, including--
[[Page 122 STAT. 51]]
(A) an identification of any past program activities
that led to, or were fundamental to, applications used
by, or supportive of, operational users; and
(B) an assessment of whether the program has
expanded the national research infrastructure.
(2) An assessment whether the activities undertaken under
the program are consistent with the statute authorizing the
program.
(3) An assessment whether the various elements of the
program, such as structure, funding, staffing, project
solicitation and selection, and administration, are working
effectively and efficiently to support the effective execution
of the program.
(4) A description and assessment of past and ongoing
activities of State planning committees under the program in
supporting the achievement of the objectives of the program.
(5) An analysis of the advantages and disadvantages of
having an institution-based formula for qualification to
participate in the program when compared with the advantages and
disadvantages of having a State-based formula for qualification
to participate in supporting defense missions and the objective
of expanding the Nation's defense research infrastructure.
(6) An identification of mechanisms for improving the
management and implementation of the program, including
modification of the statute authorizing the program, Department
regulations, program structure, funding levels, funding
strategy, or the activities of the State committees.
(7) Any other matters the Secretary considers appropriate.
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH
ENERGY LASER SYSTEMS TEST FACILITY.
(a) Report Required.--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 containing a cost-benefit
analysis of the proposed reduction in Army research, development, test,
and evaluation funding for the High Energy Laser Systems Test Facility.
(b) Evaluation of Impact on Other Military Departments.--The report
required under subsection (a) shall include an evaluation of the impact
of the proposed reduction in funding on each Department of Defense
organization or activity that utilizes the High Energy Laser Systems
Test Facility.
SEC. 243. <<NOTE: 10 USC 113 note.>> PROMPT GLOBAL STRIKE.
(a) Research, Development, and Testing Plan.--The Secretary of
Defense shall submit to the congressional defense committees a research,
development, and testing plan for prompt global strike program
objectives for fiscal years 2008 through 2013.
(b) Plan for Obligation and Expenditure of Funds.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a plan for obligation and
expenditure of funds available for prompt global strike for
fiscal year 2008. The plan shall include correlations between
each technology application being developed in fiscal year 2008
and the prompt global strike alternative or alternatives toward
which the technology application applies.
[[Page 122 STAT. 52]]
(2) Limitation.--The <<NOTE: Deadline.>> Under Secretary
shall not implement the plan required by paragraph (1) until at
least 10 days after the plan is submitted as required by that
paragraph.
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.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
[[Page 122 STAT. 53]]
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
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, $28,787,219,000.
(2) For the Navy, $33,355,683,000.
(3) For the Marine Corps, $4,967,193,000.
(4) For the Air Force, $33,118,462,000.
(5) For Defense-wide activities, $22,500,253,000.
(6) For the Army Reserve, $2,509,862,000.
(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, $5,857,409,000.
(11) For the Air National Guard, $5,456,668,000.
(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 Overseas Humanitarian, Disaster, and Civic Aid
programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction programs,
$428,048,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.
[[Page 122 STAT. 54]]
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.
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
[[Page 122 STAT. 55]]
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.
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.
(a) Findings.--Congress finds the following:
(1) The brown tree snake (Boiga irregularis), an invasive
species, is found in significant numbers on military
installations and in other areas on Guam, and constitutes a
serious threat to the ecology of Guam.
(2) If introduced into Hawaii, the Commonwealth of the
Northern Mariana Islands, or the continental United States, the
brown tree snake would pose an immediate and serious economic
and ecological threat.
(3) The most probable vector for the introduction of the
brown tree snake into Hawaii, the Commonwealth of the Northern
Mariana Islands, or the continental United States is the
movement from Guam of military aircraft, personnel, and cargo,
including the household goods of military personnel and other
military assets.
(4) It is probable that the movement of military aircraft,
personnel, and cargo, including the household goods of military
personnel, from Guam to Hawaii, the Commonwealth of the Northern
Mariana Islands, or the continental United States will increase
significantly coincident with the increase in the number of
military units and personnel stationed on Guam.
(5) Current policies, programs, procedures, and dedicated
resources of the Department of Defense and of other departments
and agencies of the United States may not be sufficient to
adequately address the management, control, and eradication of
the brown tree snake on Guam and the increasing threat of the
introduction of the brown tree snake from Guam into Hawaii, the
Commonwealth of the Northern Mariana Islands,
[[Page 122 STAT. 56]]
the continental United States, or other non-native environments.
(b) Report.--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 following:
(1) The actions currently being taken (including the
resources being made available) by the Department of Defense to
control, and to develop new or existing techniques to control,
the brown tree snake on Guam and to prevent the introduction of
the brown tree snake into Hawaii, the Commonwealth of the
Northern Mariana Island, the continental United States, or any
other non-native environment as a result of the movement from
Guam of military aircraft, personnel, and cargo, including the
household goods of military personnel and other military assets.
Such actions shall include any actions taken by the Department
of Defense to implement the recommendations of the Brown Tree
Snake Review Panel commissioned by the Department of the
Interior, as contained in the Review Panel's final report
entitled ``Review of Brown Tree Snake Problems and Control
Programs'' published in March 2005.
(2) Current plans for enhanced future actions, policies, and
procedures and increased levels of resources in order to ensure
that the projected increase of military personnel stationed on
Guam does not increase the threat of introduction of the brown
tree snake from Guam into Hawaii, the Commonwealth of the
Northern Mariana Islands, the continental United States, or
other non-native environments.
(3) The results of management, control, and eradication
carried out by the Secretary of Defense, in consultation with
the Secretary of the Interior, before the date on which the
report is submitted with respect to brown tree snakes through
the integrated natural resource management plans prepared for
military installations in Guam under the pilot program
authorized by section 101(g) of the Sikes Act (16 U.S.C.
670a(g)).
SEC. 315. <<NOTE: Deadlines.>> NOTIFICATION OF CERTAIN RESIDENTS AND
CIVILIAN EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF
EXPOSURE TO DRINKING WATER CONTAMINATION.
(a) Notification of Individuals Served by Tarawa Terrace Water
Distribution System, Including Knox Trailer Park.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of the Navy
shall make reasonable efforts to identify and notify directly
individuals who were served by the Tarawa Terrace Water Distribution
System, including Knox Trailer Park, at Camp Lejeune, North Carolina,
during the years 1958 through 1987 that they may have been exposed to
drinking water contaminated with tetrachloroethylene (PCE).
(b) Notification of Individuals Served by Hadnot Point Water
Distribution System.--Not later than 1 year after the Agency for Toxic
Substances and Disease Registry (ATSDR) completes its water modeling
study of the Hadnot Point water distribution system, the Secretary of
the Navy shall make reasonable efforts to identify and notify directly
individuals who were served by the system during the period identified
in the study of the drinking water contamination to which they may have
been exposed.
(c) Notification of Former Civilian Employees at Camp Lejeune.--Not
later than 1 year after the date of the enactment
[[Page 122 STAT. 57]]
of this Act, the Secretary of the Navy shall make reasonable efforts to
identify and notify directly civilian employees who worked at Camp
Lejeune during the period identified in the ATSDR drinking water study
of the drinking water contamination to which they may have been exposed.
(d) Circulation of Health Survey.--
(1) Findings.--Congress makes the following findings:
(A) Notification and survey efforts related to the
drinking water contamination described in this section
are necessary due to the potential negative health
impacts of these contaminants.
(B) The Secretary of the Navy will not be able to
identify or contact all former residents and former
employees due to the condition, non-existence, or
accessibility of records.
(C) It is the intent of Congress that the Secretary
of the Navy contact as many former residents and former
employees as quickly as possible.
(2) ATSDR health survey.--
(A) Development.--
(i) In general.--Not later than 120 days after
the date of the enactment of this Act, the ATSDR,
in consultation with a well-qualified contractor
selected by the ATSDR, shall develop a health
survey that would voluntarily request of
individuals described in subsections (a), (b), and
(c) personal health information that may lead to
scientifically useful health information
associated with exposure to trichloroethylene
(TCE), PCE, vinyl chloride, and the other
contaminants identified in the ATSDR studies that
may provide a basis for further reliable
scientific studies of potentially adverse health
impacts of exposure to contaminated water at Camp
Lejeune.
(ii) Funding.--The Secretary of the Navy is
authorized to provide from available funds the
necessary funding for the ATSDR to develop the
health survey.
(B) Inclusion with notification.--The survey
developed under subparagraph (A) shall be distributed by
the Secretary of the Navy concurrently with the direct
notification required under subsections (a), (b), and
(c).
(e) Use of Media To Supplement Notification.--The Secretary of the
Navy may use media notification as a supplement to direct notification
of individuals described under subsections (a), (b), and (c). Media
notification may reach those individuals not identifiable via remaining
records. Once individuals respond to media notifications, the Secretary
will add them to the contact list to be included in future information
updates.
[[Page 122 STAT. 58]]
Subtitle C--Workplace and Depot Issues
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE
INFORMATION SYSTEMS NETWORK.
(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, 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 technology insertion to the Defense Information
Systems Network that significantly changes the performance
envelope of an end item; 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. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.
(a) Comparison of Retirement System Costs.--Section 2461(a)(1) of
title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the
Department of Defense by--
``(i) not making an employer-sponsored health
insurance plan (or payment that could be used in lieu of
such a plan), health savings account, or medical savings
account
[[Page 122 STAT. 59]]
available to the workers who are to be employed to
perform the function under the contract;
``(ii) offering to such workers an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium or
subscription share than the amount that is paid by the
Department of Defense for health benefits for civilian
employees of the Department under chapter 89 of title 5;
or
``(iii) offering to such workers a retirement
benefit that, in any year, costs less than the annual
retirement cost factor applicable to civilian employees
of the Department of Defense under chapter 84 of title
5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each officer or
employee of the Department of Defense responsible for determining under
Office of Management and Budget Circular A-76 whether to convert to
contractor performance any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the management
efficiency study used in making that determination, consult with
civilian employees who will be affected by that determination
and consider the views of such employees on the development and
preparation of that statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111 of title
5, consultation with representatives of that labor organization shall
satisfy the consultation requirement in paragraph (1).
``(B) In the case of employees other than employees referred to in
subparagraph (A), consultation with appropriate representatives of those
employees shall satisfy the consultation requirement in paragraph (1).
``(C) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B) for
purposes of the consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as amended by
this section, is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003''
the following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and
reliability'' and inserting ``, reliability, and
timeliness''; and
(2) in subsection (c)(2), as redesignated by subsection
(b)(2), by inserting ``of'' after ``examination''.
[[Page 122 STAT. 60]]
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2467.
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN
PERFORMANCE AGREEMENT NOT REQUIRED.
Section 2461(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) A military department or Defense Agency may not be required to
conduct a public-private competition under Office of Management and
Budget Circular A-76 or any other provision of law at the end of the
performance period specified in a letter of obligation or other
agreement entered into with Department of Defense civilian employees
pursuant to a public-private competition for any function of the
Department of Defense performed by Department of Defense civilian
employees.''.
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
(a) Codification and Revision of Requirement for Guidelines.--
(1) In general.--Chapter 146 of title 10, United States
Code, is amended by inserting after section 2462 the following
new section:
``Sec. 2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions
``(a) Guidelines Required.--(1) The Under Secretary of Defense for
Personnel and Readiness shall devise and implement guidelines and
procedures to ensure that consideration is given to using, on a regular
basis, Department of Defense civilian employees to perform new functions
and functions that are performed by contractors and could be performed
by Department of Defense civilian employees. The Secretary of a military
department may prescribe supplemental regulations, if the Secretary
determines such regulations are necessary for implementing such
guidelines within that military department.
``(2) The guidelines and procedures required under paragraph (1) may
not include any specific limitation or restriction on the number of
functions or activities that may be converted to performance by
Department of Defense civilian employees.
``(b) Special Consideration for Certain Functions.--The guidelines
and procedures required under subsection (a) shall provide for special
consideration to be given to using Department of Defense civilian
employees to perform any function that--
``(1) is performed by a contractor and--
``(A) has been performed by Department of Defense
civilian employees at any time during the previous 10
years;
``(B) is a function closely associated with the
performance of an inherently governmental function;
``(C) has been performed pursuant to a contract
awarded on a non-competitive basis; or
``(D) has been performed poorly, as determined by a
contracting officer during the 5-year period preceding
the date of such determination, because of excessive
costs or inferior quality; or
[[Page 122 STAT. 61]]
``(2) is a new requirement, with particular emphasis given
to a new requirement that is similar to a function previously
performed by Department of Defense civilian employees or is a
function closely associated with the performance of an
inherently governmental function.
``(c) Exclusion of Certain Functions From Competitions.--The
Secretary of Defense may not conduct a public-private competition under
this chapter, Office of Management and Budget Circular A-76, or any
other provision of law or regulation before--
``(1) in the case of a new Department of Defense function,
assigning the performance of the function to Department of
Defense civilian employees;
``(2) in the case of any Department of Defense function
described in subsection (b), converting the function to
performance by Department of Defense civilian employees; or
``(3) in the case of a Department of Defense function
performed by Department of Defense civilian employees, expanding
the scope of the function.
``(d) Use of Flexible Hiring Authority.--(1) The Secretary of
Defense may use the flexible hiring authority available to the Secretary
under the National Security Personnel System, as established pursuant to
section 9902 of title 5, to facilitate the performance by Department of
Defense civilian employees of functions described in subsection (b).
``(2) <<NOTE: Inventory.>> The Secretary shall make use of the
inventory required by section 2330a(c) of this title for the purpose of
identifying functions that should be considered for performance by
Department of Defense civilian employees pursuant to subsection (b).
``(e) Definitions.--In this section the term `functions closely
associated with inherently governmental functions' has the meaning given
that term in section 2383(b)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 2462 the following new item:
``2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions.''.
(3) <<NOTE: 10 USC 2463 note.>> Deadline for issuance of
guidelines and procedures.--The Secretary of Defense shall
implement the guidelines and procedures required under section
2463 of title 10, United States Code, as added by paragraph (1),
by not later than 60 days after the date of the enactment of
this Act.
(b) Inspector General Report.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report on the implementation of this section and the
amendments made by this section.
(c) Conforming Repeal.--The National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) is amended by striking
section <<NOTE: 10 USC 2461 note.>> 343.
SEC. 325. <<NOTE: 10 USC 2461 note.>> RESTRICTION ON OFFICE OF
MANAGEMENT AND BUDGET INFLUENCE OVER DEPARTMENT OF DEFENSE
PUBLIC-PRIVATE COMPETITIONS.
(a) Restriction on Office of Management and Budget.--The Office of
Management and Budget may not direct or require the Secretary of Defense
or the Secretary of a military department to prepare for, undertake,
continue, or complete a public-private
[[Page 122 STAT. 62]]
competition or direct conversion of a Department of Defense function to
performance by a contractor under Office of Management and Budget
Circular A-76, or any other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of Defense
or the Secretary of a military department may not prepare for,
undertake, continue, or complete a public-private competition or direct
conversion of a Department of Defense function to performance by a
contractor under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management and
Budget.
(c) Inspector General Review.--
(1) <<NOTE: Reports. Deadline.>> Comprehensive review
required.--The Inspector General of the Department of Defense
shall conduct a comprehensive review of the compliance of the
Secretary of Defense and the Secretaries of the military
departments with the requirements of this section during
calendar year 2008. The Inspector General shall submit to the
congressional defense committees the following reports on the
comprehensive review:
(A) An interim report, to be submitted by not later
than 90 days after the date of the enactment of this
Act.
(B) A final report, to be submitted by not later
than December 31, 2008.
(2) <<NOTE: Records.>> Inspector general access.--For the
purpose of determining compliance with the requirements of this
section, the Secretary of Defense shall ensure that the
Inspector General has access to all Department records of
relevant communications between Department officials and
officials of other departments and agencies of the Federal
Government, whether such communications occurred inside or
outside of the Department.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility to Protest Public-Private Competitions.--Section
3551(2) of title 31, United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation
or other request for offers described in paragraph (1),
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular
A-76 with respect to the performance of an activity or
function of a Federal agency, or a decision to convert a
function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, includes--
``(i) any official who submitted the agency
tender in such competition; and
``(ii) any one individual who, for the purpose
of representing the Federal employees engaged in
the performance of the activity or function for
which the public-private competition is conducted
in a protest
[[Page 122 STAT. 63]]
under this subchapter that relates to such public-
private competition, has been designated as the
agent of the Federal employees by a majority of
such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:
``Sec. 3557. Expedited action in protests of Public-Private competitions
``For any protest of a public-private competition conducted under
Office of Management and Budget Circular A-76 with respect to the
performance of an activity or function of a Federal agency, the
Comptroller General shall administer the provisions of this subchapter
in the manner best suited for expediting the final resolution of the
protest and the final action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the
beginning of such chapter is amended by inserting after the item
relating to section 3556 the following new item:
``3557. Expedited action in protests of public-private competitions.''.
(c) Right to Intervene in Civil Action.--Section 1491(b) of title
28, United States Code, is amended by adding at the end the following
new paragraph:
``(5) If an interested party who is a member of the private sector
commences an action described in paragraph (1) with respect to a public-
private competition conducted under Office of Management and Budget
Circular A-76 regarding the performance of an activity or function of a
Federal agency, or a decision to convert a function performed by Federal
employees to private sector performance without a competition under
Office of Management and Budget Circular A-76, then an interested party
described in section 3551(2)(B) of title 31 shall be entitled to
intervene in that action.''.
(d) <<NOTE: 28 USC 1491 note.>> Applicability.--Subparagraph (B) of
section 3551(2) of title 31, United States Code (as added by subsection
(a)), and paragraph (5) of section 1491(b) of title 28, United States
Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity or
function of a Federal agency that is made pursuant to a study
initiated under Office of Management and Budget Circular A-76 on
or after January 1, 2004; and
(2) any other protest or civil action that relates to a
public-private competition initiated under Office of Management
and Budget Circular A-76, or to a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, on or after the date of the enactment of this
Act.
SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.
(a) In General.--The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by adding at the end the following new
section:
[[Page 122 STAT. 64]]
``SEC. 43. <<NOTE: 41 USC 439.>> PUBLIC-PRIVATE COMPETITION REQUIRED
BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
``(a) Public-Private Competition.--(1) A function of an executive
agency performed by 10 or more agency civilian employees may not be
converted, in whole or in part, to performance by a contractor unless
the conversion is based on the results of a public-private competition
that--
``(A) formally compares the cost of performance of the
function by agency civilian employees with the cost of
performance by a contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A-76, as implemented on May 29, 2003, or any
successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the needs
of the executive agency with respect to factors other than cost,
including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in savings
to the Government over the life of the contract, including--
``(i) the estimated cost to the Government (based on
offers received) for performance of the function by a
contractor;
``(ii) the estimated cost to the Government for
performance of the function by agency civilian
employees; and
``(iii) an estimate of all other costs and
expenditures that the Government would incur because of
the award of such a contract;
``(F) requires continued performance of the function by
agency civilian employees unless the difference in the cost of
performance of the function by a contractor compared to the cost
of performance of the function by agency civilian employees
would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by
a contractor on the agency mission associated with the
performance of the function.
``(2) A function that is performed by the executive agency and is
reengineered, reorganized, modernized, upgraded, expanded, or changed to
become more efficient, but still essentially provides the same service,
shall not be considered a new requirement.
``(3) In no case may a function being performed by executive agency
personnel be--
``(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function from
the requirements of this section; or
``(B) converted to performance by a contractor to circumvent
a civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian employee
of an executive agency responsible for determining under
[[Page 122 STAT. 65]]
Office of Management and Budget Circular A-76 whether to convert to
contractor performance any function of the executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the management
efficiency study used in making that determination, consult with
civilian employees who will be affected by that determination
and consider the views of such employees on the development and
preparation of that statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111 of title
5, United States Code, consultation with representatives of that labor
organization shall satisfy the consultation requirement in paragraph
(1).
``(B) In the case of employees other than employees referred to in
subparagraph (A), consultation with appropriate representatives of those
employees shall satisfy the consultation requirement in paragraph (1).
``(C) <<NOTE: Regulations.>> The head of each executive agency
shall prescribe regulations to carry out this subsection. The
regulations shall include provisions for the selection or designation of
appropriate representatives of employees referred to in paragraph (2)(B)
for purposes of consultation required by paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a public-
private competition under subsection (a), the head of an executive
agency shall submit to Congress a report containing the following:
``(A) The function for which such public-private competition
is to be conducted.
``(B) The location at which the function is performed by
agency civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary line
item from which funds will be used to cover the cost of the
public-private competition.
``(E) <<NOTE: Certification.>> A certification that a
proposed performance of the function by a contractor is not a
result of a decision by an official of an executive agency to
impose predetermined constraints or limitations on such
employees in terms of man years, end strengths, full-time
equivalent positions, or maximum number of employees.
``(2) The report required under paragraph (1) shall include an
examination of the potential economic effect of performance of the
function by a contractor on--
``(A) agency civilian employees who would be affected by
such a conversion in performance; and
``(B) the local community and the Government, if more than
50 agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a facility where a
public-private competition is conducted may submit to the head of the
executive agency an objection to the public-private competition on the
grounds that the report required by paragraph (1)
[[Page 122 STAT. 66]]
has not been submitted or that the certification required by paragraph
(1)(E) is not included in the report submitted as a condition for the
public-private competition. <<NOTE: Deadline.>> The objection shall be
in writing and shall be submitted within 90 days after the following
date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or an
official of the representative entity authorized to pose the
objection first knew or should have known of that failure.
``(ii) In the case of a failure to include the certification
in a submitted report, the date on which the report was
submitted to Congress.
``(B) If the head of the executive agency determines that the report
required by paragraph (1) was not submitted or that the required
certification was not included in the submitted report, the function for
which the public-private competition was conducted for which the
objection was submitted may not be the subject of a solicitation of
offers for, or award of, a contract until, respectively, the report is
submitted or a report containing the certification in full compliance
with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services of the
Blind and Other Severely Handicapped Persons.--This section shall not
apply to a commercial or industrial type function of an executive agency
that--
``(1) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C.
47); or
``(2) is planned to be changed to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped persons in accordance with
that Act.
``(e) Inapplicability During War or Emergency.--The provisions of
this section shall not apply during war or during a period of national
emergency declared by the President or Congress.''.
(b) Clerical Amendment.--The table of sections in section 1(b) of
such Act is amended by adding at the end the following new item:
``Sec. 43. Public-private competition required before conversion to
contractor performance.''.
SEC. 328. 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) <<NOTE: 10 USC 4544 note.>> 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.
[[Page 122 STAT. 67]]
(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. 329. <<NOTE: 10 USC 5013 note.>> REAUTHORIZATION AND MODIFICATION
OF MULTI-TRADES DEMONSTRATION PROJECT.
(a) Reauthorization and Expansion.--Section 338 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 5013 note) is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Demonstration Project Authorized.--In accordance with section
4703 of title 5, United States Code, the Secretary of a military
department may carry out a demonstration project under which workers who
are certified at the journey level as able to perform multiple trades
may be promoted by one grade level. A demonstration project under this
subsection may be carried out as follows:
``(1) In the case of the Secretary of the Army, at one Army
depot.
``(2) In the case of the Secretary of the Navy, at one Navy
Fleet Readiness Center.
``(3) In the case of the Secretary of the Air Force, at one
Air Force Logistics Center.'';
(2) in subsection (b)--
(A) by striking ``a Naval Aviation Depot'' and
inserting ``an Air Force Air Logistics Center, Navy
Fleet Readiness Center, or Army depot''; and
(B) by striking ``Secretary'' and inserting
``Secretary of the military department concerned'';
(3) by striking subsection (d) and redesignating subsections
(e) through (g) as subsections (d) through (f), respectively;
(4) in subsection (d), as so redesignated, by striking
``2004 through 2006'' and inserting ``2008 through 2013'';
(5) in subsection (e), as so redesignated--
(A) by striking ``2007'' and inserting ``2014'';
(B) by inserting after ``Secretary'' the following
``of each military department that carried out a
demonstration project under this section''; and
(C) by adding at the end the following new sentence:
``Each such report shall include the Secretary's
recommendation on whether permanent multi-trade
authority should be authorized.''; and
(6) in subsection (f), as so redesignated--
(A) in the first sentence, by striking ``The
Secretary'' and inserting ``Each Secretary who submits a
report under subsection (e)''; and
(B) in the second sentence--
(i) by striking ``receiving the report'' and
inserting ``receiving a report''; and
(ii) by striking ``evaluation of the report''
and inserting ``evaluation of that report''.
[[Page 122 STAT. 68]]
(b) Clerical Amendment.--The heading for such section is amended to
read as follows:
``SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.''.
SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO
ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.
(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, the Secretary of the Army may use a working-capital fund
established pursuant to that section for expenses directly related to
conducting a pilot program for a product improvement described in
subsection (b).
(b) Product Improvement.--A product improvement covered by the pilot
program is the procurement and installation of a component or subsystem
of a weapon system platform or major end item that would improve the
reliability and maintainability, extend the useful life, enhance safety,
lower maintenance costs, or provide performance enhancement of the
weapon system platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used under
subsection (a) for--
(1) any product improvement that significantly changes the
performance envelope of an end item; or
(2) any component with an estimated total cost in excess of
$1,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If during any
fiscal year the report required by paragraph (1) of subsection (e) is
not submitted by the date specified in paragraph (3) of that subsection,
funds may not be used under subsection (a) in such fiscal year during
the period--
(1) beginning on the date specified in paragraph (3) of
subsection (e); and
(2) ending on the date of the submittal of the report under
paragraph (1) of subsection (e).
(e) Annual Report.--
(1) In general.--Each fiscal year, the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology, in
consultation with the Assistant Secretary of the Army for
Financial Management and Comptroller, shall submit to the
congressional defense committees a report on the use of the
authority in subsection (a) during the preceding fiscal year.
(2) Recommendation.--In the case of the report required to
be submitted under paragraph (1) during fiscal year 2012, the
report shall include the recommendation of the Assistant
Secretary of the Army for Acquisition, Logistics, and Technology
regarding whether the authority under subsection (a) should be
made permanent.
(3) 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.
(f) Sunset.--The authority under subsection (a) shall expire on
October 1, 2013.
[[Page 122 STAT. 69]]
Subtitle D--Extension of Program Authorities
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2010''; and
(2) in subsection (g)(1), by striking ``2008'' and inserting
``2010''.
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS
PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED IN
CONTINGENCY OPERATIONS.
(a) Extension.--Section 351 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1857) is amended--
(1) in subsection (a)(3), by inserting before the period at
the end the following: ``, or in the case of protective helmet
pads purchased by a member from a qualified vendor for that
member's personal use, ending on September 30, 2007'';
(2) in subsection (c)--
(A) by inserting after ``Armed Forces'' the
following: ``shall comply with regular Department of
Defense procedures for the submission of claims and'';
and
(B) by inserting before the period at the end the
following: ``or one year after the date on which the
purchase of the protective, safety, or health equipment
was made, whichever occurs last''; and
(3) in subsection (d), by adding at the end the following
new sentence: ``Subsection (a)(1) shall not apply in the case of
the purchase of protective helmet pads on behalf of a member.''.
(b) Funding.--Amounts for reimbursements made under section 351 of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 after the date of the enactment of this Act shall be derived from
supplemental appropriations for the Department of Defense for fiscal
year 2008, contingent upon such appropriations being enacted.
SEC. 343. 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) <<NOTE: 116 Stat. 2513.>> 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 a
semicolon; 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;
[[Page 122 STAT. 70]]
``(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.''.
Subtitle E--Reports
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR
DISASTERS.
(a) Annual Reports on Equipment.--Section 10541(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(9) An assessment of the extent to which the National
Guard possesses the equipment required to perform the
responsibilities of the National Guard pursuant to sections 331,
332, 333, 12304(b), and 12406 of this title in response to an
emergency or major disaster (as such terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)). Such assessment
shall--
``(A) identify any shortfall in equipment provided
to the National Guard by the Department of Defense
throughout the United States and the territories and
possessions of the United States that is likely to
affect the ability of the National Guard to perform such
responsibilities;
``(B) evaluate the effect of any such shortfall on
the capacity of the National Guard to perform such
responsibilities in response to an emergency or major
disaster that occurs in the United States or a territory
or possession of the United States; and
``(C) identify the requirements and investment
strategies for equipment provided to the National Guard
by the Department of Defense that are necessary to plan
for a reduction or elimination of any such shortfall.''.
(b) Inclusion of Assessment of National Guard Readiness in Quarterly
Personnel and Unit Readiness Report.--Section 482 of such title is
amended--
(1) in subsection (a), by striking ``and (e)'' and inserting
``(e), and (f)'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Readiness of National Guard to Perform Civil Support
Missions.--(1) Each report shall also include an assessment of the
readiness of the National Guard to perform tasks required to support the
National Response Plan for support to civil authorities.
``(2) Any information in an assessment under this subsection that is
relevant to the National Guard of a particular State shall also be made
available to the Governor of that State.
``(3) The Secretary shall ensure that each State Governor has an
opportunity to provide to the Secretary an independent evaluation of
that State's National Guard, which the Secretary shall include with each
assessment submitted under this subsection.''.
(c) <<NOTE: 10 USC 10541 note.>> Effective Date.--
[[Page 122 STAT. 71]]
(1) Annual report on national guard and reserve component
equipment.--The amendment made by subsection (a) shall apply
with respect to reports submitted after the date of the
enactment of this Act.
(2) <<NOTE: 10 USC 482 note.>> Quarterly reports on
personnel and unit readiness.--The amendment made by subsection
(b) shall apply with respect to the quarterly report required
under section 482 of title 10, United States Code, for the
second quarter of fiscal year 2009 and each subsequent report
required under that section.
(d) Report on Implementation.--
(1) In general.--As part of the budget justification
materials submitted to Congress in support of the budget of the
President for each of fiscal years 2009 and 2010 (as submitted
under section 1105 of title 31, United States Code), the
Secretary of Defense shall submit to the congressional defense
committees a report on actions taken by the Secretary to
implement the amendments made by this section.
(2) Elements.--Each report required under paragraph (1)
shall include a description of the mechanisms to be utilized by
the Secretary for assessing the personnel, equipment, and
training readiness of the National Guard, including the
standards and measures that will be applied and mechanisms for
sharing information on such matters with the Governors of the
States.
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.
(a) Annual Report Required.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2229a. Annual report on prepositioned materiel and equipment
``(a) Annual Report Required.--Not later than the date of the
submission of the President's budget request for a fiscal year under
section 1105 of title 31, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of the materiel
in the prepositioned stocks as of the end of the fiscal year preceding
the fiscal year during which the report is submitted. Each report shall
be unclassified and may contain a classified annex. Each report shall
include the following information:
``(1) The level of fill for major end items of equipment and
spare parts in each prepositioned set as of the end of the
fiscal year covered by the report.
``(2) The material condition of equipment in the
prepositioned stocks as of the end of such fiscal year, grouped
by category or major end item.
``(3) A list of major end items of equipment drawn from the
prepositioned stocks during such fiscal year and a description
of how that equipment was used and whether it was returned to
the stocks after being used.
``(4) A timeline for completely reconstituting any shortfall
in the prepositioned stocks.
``(5) An estimate of the amount of funds required to
completely reconstitute any shortfall in the prepositioned
stocks
[[Page 122 STAT. 72]]
and a description of the Secretary's plan for carrying out such
complete reconstitution.
``(6) A list of any operations plan affected by any
shortfall in the prepositioned stocks and a description of any
action taken to mitigate any risk that such a shortfall may
create.
``(b) Comptroller General Review.--(1) By not later than 120 days
after the date on which a report is submitted under subsection (a), the
Comptroller General shall review the report and, as the Comptroller
General determines appropriate, submit to the congressional defense
committees any additional information that the Comptroller General
determines will further inform such committees on issues relating to the
status of the materiel in the prepositioned stocks.
``(2) The Secretary of Defense shall ensure the full cooperation of
the Department of Defense with the Comptroller General for purposes of
the conduct of the review required by this subsection, both before and
after each report is submitted under subsection (a). The Secretary shall
conduct periodic briefings for the Comptroller General on the
information covered by each report required under subsection (a) and
provide to the Comptroller General access to the data and preliminary
results to be used by the Secretary in preparing each such report before
the Secretary submits the report to enable the Comptroller General to
conduct each review required under paragraph (1) in a timely manner.
``(3) <<NOTE: Termination date.>> The requirement to conduct a
review under this subsection shall terminate on September 30, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2229a. Annual report on prepositioned materiel and equipment.''.
SEC. 353. 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; 120 Stat. 2146; 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
incremental changes in reset costs resulting from the
deployment and redeployment of forces to Iraq and
Afghanistan above the levels deployed to such countries
on January 1, 2007.''.
SEC. 354. MODIFICATION OF REQUIREMENTS OF 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 ``June 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
[[Page 122 STAT. 73]]
(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 Operation
Iraqi Freedom and Operation Enduring Freedom above such force
levels in effect on January 1, 2007, 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.''.
SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF ACTIVE AND
RESERVE COMPONENTS.
(a) Report Required.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for a fiscal
year, the Secretary of Defense shall submit to the congressional defense
committees a report on improving the readiness of the ground forces of
active and reserve components of the Armed Forces. Each such report
shall include--
(1) a summary of the readiness of each reporting unit of the
ground forces of the active and reserve components and a summary
of the readiness of each major combat unit of each Armed Force
by readiness level;
(2) an identification of the extent to which the actual
readiness ratings of the active and reserve components of the
Armed Forces have been upgraded based on the judgment of
commanders and any efforts of the Secretary of Defense to
analyze the trends and implications of such upgrades;
(3) the goals of the Secretary of Defense for managing the
readiness of the ground forces of the active and reserve
components, expressed in terms of the number of units or
percentage of the force that the Secretary plans to maintain at
each level of readiness, and the Secretary's projected timeframe
for achieving each such goal;
[[Page 122 STAT. 74]]
(4) a prioritized list of items and actions to be
accomplished during the fiscal year during which the report is
submitted, and during the fiscal years covered by the future-
years defense program, that the Secretary of Defense believes
are necessary to significantly improve the readiness of the
ground forces of the active and reserve components and achieve
the goals and timeframes described in paragraph (3); and
(5) a detailed investment strategy and plan for each fiscal
year covered by the future-years defense program under section
221 of title 10, United States Code, that is submitted during
the fiscal year in which the report is submitted, that outlines
the resources required to improve the readiness of the ground
forces of the active and reserve components, including a
description of how each resource identified in such plan relates
to funding requested by the Secretary in the Secretary's annual
budget, and how each such resource will specifically enable the
Secretary to achieve the readiness goals described in paragraph
(3) within the projected timeframes.
(b) <<NOTE: Deadline.>> Comptroller General Review.--By not later
than 60 days after the date on which a report is submitted under
subsection (a), the Comptroller General shall review the report and, as
the Comptroller General determines appropriate, submit to the
congressional defense committees any additional information that the
Comptroller General determines will further inform the congressional
defense committees on issues relating to the readiness of the ground
forces of the active and reserve components of the Armed Forces.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date the Secretary of Defense
submits the fifth report required under that subsection.
SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY.
(a) Independent Assessment Required.--The Secretary of Defense shall
provide for an independent assessment of the viability of the Civil
Reserve Air Fleet to be conducted by a federally-funded research and
development center selected by the Secretary.
(b) Contents of Assessment.--The assessment required by subsection
(a) shall include each of the following:
(1) An assessment of the Civil Reserve Air Fleet as of the
date of the enactment of this Act, including an assessment of--
(A) the level of increased use of commercial assets
to fulfill Department of Defense transportation
requirements as a result of the increased global
mobility requirements in response to the terrorist
attacks of September 11, 2001;
(B) the extent of charter air carrier participation
in fulfilling increased Department of Defense
transportation requirements as a result of the increased
global mobility requirements in response to the
terrorist attacks of September 11, 2001;
(C) any policy of the Secretary of Defense to limit
the percentage of income a single air carrier
participating in the Civil Reserve Air Fleet may earn
under contracts with the Secretary during any calendar
year and the effects of such policy on the air carrier
industry in peacetime
[[Page 122 STAT. 75]]
and during periods during which the Armed Forces are
deployed in support of a contingency operation for which
the Civil Reserve Air Fleet is not activated; and
(D) any risks to the charter air carrier industry as
a result of the expansion of the industry in response to
contingency operations resulting in increased demand by
the Department of Defense.
(2) A strategic assessment of the viability of the Civil
Reserve Air Fleet that compares such viability as of the date of
the enactment of this Act with the projected viability of the
Civil Reserve Air Fleet 5, 10, and 15 years after the date of
the enactment of this Act, including for activations at each of
stages 1, 2, and 3--
(A) an examination of the requirements of the
Department of Defense for the Civil Reserve Air Fleet
for the support of operational and contingency plans,
including any anticipated changes in the Department's
organic airlift capacity, logistics concepts, and
personnel and training requirements;
(B) an assessment of air carrier participation in
the Civil Reserve Air Fleet; and
(C) a comparison between the requirements of the
Department described in subparagraph (A) and air carrier
participation described in subparagraph (B).
(3) An examination of any perceived barriers to Civil
Reserve Air Fleet viability, including--
(A) the operational planning system of the Civil
Reserve Air Fleet;
(B) the reward system of the Civil Reserve Air
Fleet;
(C) the long-term affordability of the Aviation War
Risk Insurance Program;
(D) the effect on United States air carriers
operating overseas routes during periods of Civil
Reserve Air Fleet activation;
(E) increased foreign ownership of United States air
carriers;
(F) increased operational costs during activation as
a result of hazardous duty pay, routing delays, and
inefficiencies in cargo handling by the Department of
Defense;
(G) the effect of policy initiatives by the
Secretary of Transportation to encourage international
code sharing and alliances; and
(H) the effect of limitations imposed by the
Secretary of Defense to limit commercial shipping
options for certain routes and package sizes.
(4) Recommendations for improving the Civil Reserve Air
Fleet program, including an assessment of potential incentives
for increasing participation in the Civil Reserve Air Fleet
program, including establishing a minimum annual purchase amount
during peacetime.
(c) Submission to Congress.--Upon the completion of the assessment
required under subsection (a) and by not later than April 1, 2008, the
Secretary shall submit to the congressional defense committees a report
on the assessment.
(d) Comptroller General Report.--Not later than 90 days after the
report is submitted under subsection (c), the Comptroller
[[Page 122 STAT. 76]]
General shall conduct a review of the assessment required under
subsection (a).
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON PHYSICAL
SECURITY OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Department of Defense shall
submit to Congress a report on the physical security of Department of
Defense installations and resources.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of the progress in implementing requirements
under the Physical Security Program as set forth in the
Department of Defense Instruction 5200.08-R, Chapter 2 (C.2) and
Chapter 3, Section 3: Installation Access (C3.3), which mandates
the policies and minimum standards for the physical security of
Department of Defense installations and resources.
(2) Recommendations based on the findings of the Comptroller
General of the United States in the report required by section
344 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-366; 120 Stat. 2155).
(3) Recommendations based on the lessons learned from the
thwarted plot to attack Fort Dix, New Jersey, in 2007.
SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING.
(a) Review Required.--The Secretary of the Defense shall conduct a
review of the training requirements of the Department of Defense for
helicopter operations in high-altitude or power-limited conditions.
(b) Content.--The review required under subsection (a) shall include
an examination of--
(1) power-management and high-altitude training requirements
by military department, helicopter, and crew position;
(2) training methods and locations currently used by each of
the military departments to fulfill those training requirements;
(3) department or service regulations that prohibit or
inhibit joint-service or inter-service high-altitude aviation
training;
(4) costs for each of the previous 5 years associated with
transporting aircraft to and from the High-Altitude Aviation
Training Site, Gypsum, Colorado, for training purposes;
(5) potential risk avoidance and reductions in accident
rates due to power management if training of the type offered at
the High-Altitude Aviation Training Site was required training,
rather than optional training; and
(6) potential cost savings and operational benefits, if any,
of permanently stationing no less than 4 UH-60, 2 CH-47, and 2
LUH-72 aircraft at the High-Altitude Aviation Training Site,
Gypsum, Colorado.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the conduct and findings of the review required
under subsection (a) along with a summary of changes to policy,
regulation, or asset allocation necessary to
[[Page 122 STAT. 77]]
ensure that Department of Defense helicopter aircrews are adequately
trained in high-altitude or power-limited flying conditions prior to
being exposed to such conditions operationally.
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES AND MASTER
PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY.
(a) Annual Report on Safety Measures.--Not later than March 1, 2008,
and annually thereafter for 2 additional years, the Secretary of the Air
Force shall submit to the congressional defense committees a report on
efforts made by all of the military departments utilizing the Warren
Grove Gunnery Range, New Jersey, to provide the highest level of safety.
(b) Master Plan for Warren Grove Gunnery Range.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a master plan for
Warren Grove Gunnery Range.
(2) Content.--The master plan required under paragraph (1)
shall include measures to mitigate encroachment of the Warren
Grove Gunnery Range, taking into consideration military mission
requirements, land use plans, the surrounding community, the
economy of the region, and protection of the environment and
public health, safety, and welfare.
(3) Input.--In establishing the master plan required under
paragraph (1), the Secretary shall seek input from relevant
stakeholders at the Federal, State, and local level.
SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE AIR FORCE IN
THE NORTHWESTERN UNITED STATES.
(a) Report.--Not later than April 1, 2008, the Secretary of the Air
Force shall submit to the appropriate congressional committees a report
on the search and rescue capabilities of the Air Force in the
northwestern United States.
(b) Content.--The report required under subsection (a) shall include
the following:
(1) An assessment of the search and rescue capabilities
required to support Air Force operations and training.
(2) A description of the compliance of the Air Force with
the 1999 United States National Search and Rescue Plan (referred
to hereinafter in this section as the ``NSRP'') for Washington,
Oregon, Idaho, and Montana.
(3) An inventory and description of the search and rescue
assets of the Air Force that are available to meet the
requirements of the NSRP.
(4) A description of the use of such search and rescue
assets during the 3-year period preceding the date when the
report is submitted.
(5) The plans of the Air Force to meet current and future
search and rescue requirements in the northwestern United
States, including plans that take into consideration
requirements related to support for both Air Force operations
and training and compliance with the NSRP.
(6) An inventory of other search and rescue capabilities
equivalent to such capabilities provided by the Air Force that
may be provided by other Federal, State, or local agencies in
the northwestern United States.
[[Page 122 STAT. 78]]
(c) Use of Report for Purposes of Certification Regarding Search and
Rescue Capabilities.--Section 1085 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2065; 10 U.S.C. 113 note) is amended by striking ``unless the
Secretary first certifies'' and inserting ``unless the Secretary, after
reviewing the search and rescue capabilities report prepared by the
Secretary of the Air Force under subsection (a), first certifies''.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, the Committee on Energy
and Natural Resources, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Energy and Commerce, the
Committee on Natural Resources, and the Committee on
Appropriations of the House of Representatives.
SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION PLAN FOR
CHEYENNE MOUNTAIN AIR STATION, COLORADO.
(a) Report on Relocation of North American Aerospace Defense Command
Center.--
(1) In general.--Not later than March 1, 2008, the Secretary
of Defense shall submit to Congress a report on the relocation
of the North American Aerospace Defense Command center and
related functions from Cheyenne Mountain Air Station, Colorado,
to Peterson Air Force Base, Colorado.
(2) Content.--The report required under paragraph (1) shall
include--
(A) an analysis comparing the total costs associated
with the relocation, including costs determined as part
of ongoing security-related studies of the relocation,
to anticipated operational benefits from the relocation;
(B) a detailed explanation of the backup functions
that will remain located at Cheyenne Mountain Air
Station, and how such functions planned to be
transferred out of Cheyenne Mountain Air Station,
including the Space Operations Center, will maintain
operational connectivity with their related commands and
relevant communications centers;
(C) the final plans for the relocation of the North
American Aerospace Defense Command center and related
functions; and
(D) the findings and recommendations of an
independent security and vulnerability assessment of
Peterson Air Force Base carried out by Sandia National
Laboratory for the United States Air Force Space Command
and the Secretary's plans for mitigating any security
and vulnerability risks identified as part of that
assessment and associated cost and schedule estimates.
(b) Limitation on Availability of Funds Pending Receipt of Report.--
Of the funds appropriated pursuant to an authorization of appropriations
or otherwise made available for fiscal year
[[Page 122 STAT. 79]]
2008 for operation and maintenance for the Air Force that are available
for the Cheyenne Mountain Transformation project, $5,000,000 may not be
obligated or expended until Congress receives the report required under
subsection (a).
(c) Comptroller General Review.--Not later than 120 days after the
date on which the Secretary of Defense submits the report required under
subsection (a), the Comptroller General shall submit to Congress a
review of the report and the final plans of the Secretary for the
relocation of the North American Aerospace Defense Command center and
related functions.
(d) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the
Secretary of the Air Force shall submit to Congress a master
infrastructure recapitalization plan for Cheyenne Mountain Air
Station.
(2) Content.--The plan required under paragraph (1) shall
include--
(A) a description of the projects that are needed to
improve the infrastructure required for supporting
missions associated with Cheyenne Mountain Air Station;
and
(B) a funding plan explaining the expected timetable
for the Air Force to support such projects.
Subtitle F--Other Matters
SEC. 371. 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 by striking the section heading and subsection
(a) and inserting the following:
``Sec. 2228. <<NOTE: Establishment.>> Office of Corrosion Policy and
Oversight
``(a) Office and Director.--(1) There is an Office of Corrosion
Policy and Oversight 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, 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
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 management expertise in, and professional
experience with, corrosion project and policy implementation,
including an understanding of the effects of corrosion policies
on infrastructure; research, development, test, and evaluation;
and maintenance; and
``(B) have an understanding of Department of Defense budget
formulation and execution, policy formulation, and planning and
program requirements.
[[Page 122 STAT. 80]]
``(4) The Secretary of Defense shall designate the position of
Director as a critical acquisition position under section 1733(b)(1)(C)
of this title.''.
(2) Conforming amendments.--Section 2228(b) of such title is
amended--
(A) in paragraph (1), by striking ``official or
organization designated under subsection (a)'' and
inserting ``Director of Corrosion Policy and Oversight
(in this section referred to as the `Director')''; and
(B) in paragraphs (2), (3), (4), and (5), by
striking ``designated official or organization'' and
inserting ``Director''.
(b) Additional Authority for Director of Office.--Section 2228 of
such title 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 and educational
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.--Subsection (d)(2)(D) of section 2228 of
such title, 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 and education centers,
and other cooperative research agreements''.
(d) Report Requirement.--Section 2228 of such title is further
amended by inserting after subsection (d) (as redesignated by subsection
(b)) the following new subsection:
``(e) Report.--(1) For each budget for a fiscal year, beginning with
the budget for fiscal year 2009, the Secretary of Defense shall submit,
with the defense budget materials, 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 if the funding requirements are not
fully funded in the budget.
``(2) Within 60 days after submission of the budget for a fiscal
year, the Comptroller General shall provide to the congressional defense
committees--
[[Page 122 STAT. 81]]
``(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) of section 2228 of such title, 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.''.
(f) Clerical Amendment.--The table of sections at the beginning of
chapter 131 of such title is amended by striking the item relating to
section 2228 and inserting the following new item:
``2228. Office of Corrosion Policy and Oversight.''.
SEC. 372. 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 10 percent of the athletes
participating in the sporting event are 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) may be derived from the Support for International
Sporting Competitions, Defense account established by section 5802 of
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208;
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.
[[Page 122 STAT. 82]]
``(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 (Public Law 104-208; 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''.
SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF FULL
REPLACEMENT VALUE FOR LOST OR DAMAGED 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
include a requirement that a member of the armed forces or civilian
employee of the Department of Defense comply with reasonable
restrictions or conditions prescribed by the Secretary in order to
receive the full amount deducted under subsection (b).''.
SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF
RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND POSSESSIONS OF
THE UNITED STATES FOR CERTAIN HEALTH CARE SERVICES.
(a) Availability of Transportation.--Chapter 157 of title 10, United
States Code, is amended by inserting after section 2641a the following
new section:
``Sec. 2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and
possessions of the United States for certain
health care services
``(a) Priority Transportation.--The Secretary of Defense shall
provide transportation on Department of Defense aircraft on a space-
available basis for any member or former member of the uniformed
services described in subsection (b), and a single dependent of the
member if needed to accompany the member, at a priority level in the
same category as the priority level for an unaccompanied dependent over
the age of 18 traveling on environmental and morale leave.
``(b) Eligible Members and Former Members.--A member or former
member eligible for priority transport under subsection (a) is a covered
beneficiary under chapter 55 of this title who--
``(1) is entitled to retired or retainer pay;
``(2) resides in or is located in a Commonwealth or
possession of the United States; and
``(3) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a
specialty care provider for services to be provided outside of
that Commonwealth or possession.
``(c) <<NOTE: Applicability.>> Scope of Priority.--The increased
priority for space-available transportation required by subsection (a)
applies with respect to both--
[[Page 122 STAT. 83]]
``(1) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(2) the return travel.
``(d) Definitions.--In this section, the terms `primary care
provider' and `specialty care provider' refer to a medical or dental
professional who provides health care services under chapter 55 of this
title.
``(e) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2641a the following new item:
``2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and possessions of
the United States for certain health care services.''.
SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new sections:
``Sec. 2788. Property accountability: regulations
``The Secretary of a military department may prescribe regulations
for the accounting for the property of that department and the fixing of
responsibility for that property.
``Sec. 2789. Individual equipment: unauthorized disposition
``(a) Prohibition.--No member of the armed forces may sell, lend,
pledge, barter, or give any clothing, arms, or equipment furnished to
such member by the United States to any person other than a member of
the armed forces or an officer of the United States who is authorized to
receive it.
``(b) Seizure of Improperly Disposed Property.--If a member of the
armed forces has disposed of property in violation of subsection (a) and
the property is in the possession of a person who is neither a member of
the armed forces nor an officer of the United States who is authorized
to receive it, that person has no right to or interest in the property,
and any civil or military officer of the United States may seize the
property, wherever found, subject to applicable regulations. Possession
of such property furnished by the United States to a member of the armed
forces by a person who is neither a member of the armed forces, nor an
officer of the United States, is prima facie evidence that the property
has been disposed of in violation of subsection (a).
``(c) Delivery 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 the property to a person who is
authorized to retain it.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``2788. Property accountability: regulations.
``2789. Individual equipment: unauthorized disposition.''.
(c) Conforming Amendments.--
(1) In general.--Such title is further amended by striking
the following sections:
(A) Section 4832.
(B) Section 4836.
[[Page 122 STAT. 84]]
(C) Section 9832.
(D) Section 9836.
(2) Clerical amendments.--
(A) Chapter 453.--The table of sections at the
beginning of chapter 453 of such title is amended by
striking the items relating to sections 4832 and 4836.
(B) Chapter 953.--The table of sections at the
beginning of chapter 953 of such title is amended by
striking the items relating to sections 9832 and 9836.
SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Retention of Combat Uniforms.--Chapter 152 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2568. Retention of combat uniforms by members deployed in support
of contingency operations
``The Secretary of a military department may authorize a member of
the armed forces under the jurisdiction of the Secretary who has been
deployed in support of a contingency operation for at least 30 days to
retain, after that member is no longer so deployed, the combat uniform
issued to that member as organizational clothing and individual
equipment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2568. Retention of combat uniforms by members deployed in support of
contingency operations.''.
SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER THAN TO ARMED
FORCES.
(a) In General.--Part IV of subtitle C of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
``Sec.
``7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen.
``7913. Supplies: military instruction camps.
``Sec. 7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``Under such conditions as he may prescribe, the Secretary of the
Navy may issue arms, tentage, and equipment that the Secretary considers
necessary for proper military training, to any educational institution
at which no unit of the Reserve Officers' Training Corps is maintained,
but which has a course in military training prescribed by the Secretary
and which has at least 50 physically fit students over 14 years of age.
[[Page 122 STAT. 85]]
``Sec. 7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen
``(a) Authority To Lend.--The Secretary of the Navy may lend,
without expense to the United States, magazine rifles and appendages
that are not of the existing service models in use at the time and that
are not necessary for a proper reserve supply, to any educational
institution having a uniformed corps of midshipmen of sufficient number
for target practice. The Secretary may also issue 40 rounds of ball
cartridges for each midshipman for each range at which target practice
is held, but not more than 120 rounds each year for each midshipman
participating in target practice.
``(b) Responsibilities of Institutions.--The institutions to which
property is lent under subsection (a) shall--
``(1) use the property for target practice;
``(2) take proper care of the property; and
``(3) return the property when required.
``(c) Regulations.--The Secretary of the Navy shall prescribe
regulations to carry out this section, containing such other
requirements as he considers necessary to safeguard the interests of the
United States.
``Sec. 7913. Supplies: military instruction camps
``Under such conditions as he may prescribe, the Secretary of the
Navy may issue, to any educational institution at which an officer of
the naval service is detailed as professor of naval science, such
supplies as are necessary to establish and maintain a camp for the
military instruction of its students. The Secretary shall require a bond
in the value of the property issued under this section, for the care and
safekeeping of that property and except for property properly expended,
for its return when required.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle C of such title, and the table of chapters at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 665 the following new item:
``667. Issue of serviceable material other than to Armed Forces.7911.''.
SEC. 378. 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''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
[[Page 122 STAT. 86]]
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.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) In General.--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, 329,098.
(3) The Marine Corps, 189,000.
(4) The Air Force, 329,563.
(b) Limitation.--
(1) Army.--The authorized strength for the Army provided in
paragraph (1) of subsection (a) for active duty personnel for
fiscal year 2008 is subject to the condition that costs of
active duty personnel of the Army for that fiscal year in excess
of 489,400 shall be paid out of funds authorized to be
appropriated for that fiscal year by section 1514.
(2) Marine corps.--The authorized strength for the Marine
Corps provided in paragraph (3) of subsection (a) for active
duty personnel for fiscal year 2008 is subject to the condition
that costs of active duty personnel of the Marine Corps for that
fiscal year in excess of 180,000 shall be paid out of funds
authorized to be appropriated for that fiscal year by section
1514.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 525,400.
``(2) For the Navy, 328,400.
``(3) For the Marine Corps, 189,000.
``(4) For the Air Force, 328,600.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS
ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010.
(a) Authority to Increase Army Active Duty End Strengths.--For each
of fiscal years 2009 and 2010, the Secretary of Defense may, as the
Secretary determines necessary for the purposes described in subsection
(c), establish the active-duty end strength for the Army at a number
greater than the number otherwise authorized by law up to the number
equal to the fiscal-year 2008 baseline plus 22,000.
[[Page 122 STAT. 87]]
(b) Marine Corps.--For each of fiscal years 2009 and 2010, the
Secretary of Defense may, as the Secretary determines necessary for the
purposes described in subsection (c), establish the active-duty end
strength for the Marine Corps at a number greater than the number
otherwise authorized by law up to the number equal to the fiscal-year
2008 baseline plus 13,000.
(c) Purpose of Increases.--The purposes for which increases may be
made in Army and Marine Corps active duty end strengths under this
section are--
(1) to support operational missions; and
(2) to achieve transformational reorganization objectives,
including objectives for increased numbers of combat brigades
and battalions, increased unit manning, force stabilization and
shaping, and rebalancing of the active and reserve component
forces.
(d) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory end
strength in a time of war or national emergency.
(e) Relationship to Other Variance Authority.--The authority under
this section is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(f) Budget Treatment.--
(1) Fiscal years 2009 and 2010 budgets.--The budget for the
Department of Defense for fiscal years 2009 and 2010 as
submitted to Congress shall comply, with respect to funding,
with subsections (c) and (d) of section 691 of title 10, United
States Code.
(2) Other increases.--If the Secretary of Defense plans to
increase the Army or Marine Corps active duty end strength for a
fiscal year under this section, then the budget for the
Department of Defense for that fiscal year as submitted to
Congress shall include the amounts necessary for funding that
active duty end strength in excess of the fiscal year 2008
active duty end strength authorized for that service under
section 401.
(g) Definitions.--In this section:
(1) Fiscal-year 2008 baseline.--The term ``fiscal-year 2008
baseline'', with respect to the Army and Marine Corps, means the
active-duty end strength authorized for those services in
section 401.
(2) Active-duty end strength.--In this subsection, the term
``active-duty end strength'' means the strength for active-duty
personnel of one of the Armed Forces as of the last day of a
fiscal year.
(h) Repeal of Other Discretionary Authority to Temporarily Increase
Army and Marine Corps Active Duty End Strengths.--Section 403 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 115 note), as amended by section 403 of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2169), is repealed.
[[Page 122 STAT. 88]]
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR.
The portion of the table in section 523(a)(1) of title 10, United
States Code, relating to the Army is amended to read as follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Major Colonel Colonel
------------------------------------------------------------------------
Army:
20,000 7,768 5,253 1,613
25,000 8,689 5,642 1,796
30,000 9,611 6,030 1,980
35,000 10,532 6,419 2,163
40,000 11,454 6,807 2,347
45,000 12,375 7,196 2,530
50,000 13,297 7,584 2,713
55,000 14,218 7,973 2,897
60,000 15,140 8,361 3,080
65,000 16,061 8,750 3,264
70,000 16,983 9,138 3,447
75,000 17,903 9,527 3,631
80,000 18,825 9,915 3,814
85,000 19,746 10,304 3,997
90,000 20,668 10,692 4,181
95,000 21,589 11,081 4,364
100,000 22,511 11,469 4,548
110,000 24,354 12,246 4,915
120,000 26,197 13,023 5,281
130,000 28,040 13,800 5,648
170,000 35,412 16,908 7,116''.
------------------------------------------------------------------------
SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND
CAPTAIN.
The table in section 523(a)(2) of title 10, United States Code, is
amended to read as follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: 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
[[Page 122 STAT. 89]]
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''.
------------------------------------------------------------------------
SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN
PAY GRADE E-9.
Section 517(a) of title 10, United States Code, is amended by
striking ``1 percent'' and inserting ``1.25 percent''.
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) End Strength Reductions.--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.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component 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.
[[Page 122 STAT. 90]]
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.
[[Page 122 STAT. 91]]
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE
COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY TO PROVIDE OPERATIONAL SUPPORT.
(a) Review of Operational Support Missions Performed by Certain
Reserve Component Personnel.--
(1) Review required.--The Secretary of Defense shall conduct
a review of the long-term operational support missions performed
by members of the reserve components authorized under section
115(b) of title 10, United States Code, to be on active duty or
full-time National Guard duty for the purpose of providing
operational support, with the objectives of such review being--
(A) minimizing the number of reserve component
members who perform such service for a period greater
than 1,095 consecutive days, or cumulatively for 1,095
days out of the previous 1,460 days; and
(B) determining which long-term operational support
missions being performed by such members would more
appropriately be performed by members of the Armed
Forces on active duty under other provisions of title
10, United States Code, or by full-time support
personnel of reserve components.
(2) Submission of results.--Not <<NOTE: Deadline.>> later
than March 1, 2008, the Secretary shall submit to Congress the
results of the review, including a description of the
adjustments in Department of Defense policy to be implemented as
a result of the review and such recommendations for changes in
statute, as the Secretary considers to be appropriate.
(b) Improved Accounting for Reserve Component Personnel Providing
Operational Support.--Section 115(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) As part of the budget justification materials submitted by the
Secretary of Defense to Congress in support of the end strength
authorizations required under subparagraphs (A) and (B) of subsection
(a)(1) for fiscal year 2009 and each fiscal year thereafter, the
Secretary shall provide the following:
``(A) The number of members, specified by reserve component,
authorized under subparagraphs (A) and (B) of paragraph (1) who
were serving on active duty or full-time National Guard duty for
operational support beyond each of the limits specified under
subparagraphs (A) and (B) of paragraph (2) at the end of the
fiscal year preceding the fiscal year for which the budget
justification materials are submitted.
``(B) The number of members, specified by reserve component,
on active duty for operational support who, at the end of the
fiscal year for which the budget justification materials are
submitted, are projected to be serving on active duty or full-
time National Guard duty for operational support beyond such
limits.
``(C) The number of members, specified by reserve component,
on active duty or full-time National Guard duty for operational
support who are included in, and counted against, the
[[Page 122 STAT. 92]]
end strength authorizations requested under subparagraphs (A)
and (B) of subsection (a)(1).
``(D) A summary of the missions being performed by members
identified under subparagraphs (A) and (B).''.
SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END
STRENGTHS.
Section 115(f)(3) of title 10, United States Code, is amended by
striking ``2 percent'' and inserting ``3 percent''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2008 a total of
$117,091,420,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2008.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term
active duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
[[Page 122 STAT. 93]]
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States
Military Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance
program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam
War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. 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.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense
dependents' education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
[[Page 122 STAT. 94]]
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United
States flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
Subtitle A--Officer Personnel Policy
SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE
AND RESPONSIBILITY.
(a) Continuation in Grade While Awaiting Orders.--Section 601(b) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) <<NOTE: Deadline.>> at the discretion of the
Secretary of Defense, while the officer is awaiting orders after
being relieved from the position designated under subsection (a)
or by law to carry one of those grades, but not for more than 60
days beginning on the day the officer is relieved from the
position, unless, during such period, the officer is placed
under orders to another position designated under subsection (a)
or by law to carry one of those grades, in which case paragraph
(2) will also apply to the officer; and''.
(b) Conforming Amendment Regarding General and Flag Officer
Ceilings.--Section 525(e) of such title is amended by striking paragraph
(2) and inserting the following new paragraph:
``(2) <<NOTE: Deadline.>> At the discretion of the
Secretary of Defense, an officer of that armed force who has
been relieved from a position designated under section 601(a) of
this title or by law to carry one of the grades specified in
such section, but only during the 60-day period beginning on the
date on which the assignment of the officer to the first
position is terminated or until the officer is assigned to a
second such position, whichever occurs first.''.
[[Page 122 STAT. 95]]
SEC. 502. 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) <<NOTE: Deadline.>> 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 10 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. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR
DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF FORCE
SHAPING AUTHORITY.
(a) Active-Duty List Officers.--
(1) Extended probationary period.--Paragraph (1)(A) of
section 630 of title 10, United States Code, is amended by
striking ``five years'' and inserting ``six years''.
(2) Section heading.--The heading of such section is amended
by striking ``five years'' and inserting ``six years''.
(3) Table of sections.--The item relating to such section in
the table of sections at the beginning of subchapter III of
chapter 36 of such title is amended to read as follows:
``630. Discharge of commissioned officers with less than six years of
active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior
grade).''.
(b) Officer Force Shaping Authority.--Section 647(b)(1) of such
title is amended by striking ``5 years'' both places it appears and
inserting ``six years''.
(c) Reserve Officers.--
(1) Extended probationary period.--Subsection (a)(1) of
section 14503 of such title is amended by striking ``five
years'' and inserting ``six years''.
(2) Section heading.--The heading of such section is amended
by striking ``five years'' and inserting ``six years''.
(3) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 1407 of such
title is amended to read as follows:
``14503. Discharge of officers with less than six years of commissioned
service or found not qualified for promotion to first
lieutenant or lieutenant (junior grade).''.
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 1251
or 1253 of this title''.
[[Page 122 STAT. 96]]
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) For the armed forces under the jurisdiction of the
Secretary of Defense, the Secretary may waive the initial period of
required service otherwise established pursuant to subsection (a) in the
case of the initial appointment of a commissioned officer in a
critically short health professional specialty specified by the
Secretary 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. 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. 507. 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. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE NAVY.
(a) Promotion.--
[[Page 122 STAT. 97]]
(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 <<NOTE: Regulations.>> 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. <<NOTE: President.>> 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 such chapter 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)''.
(c) Competitive Selection Assessment.--The Secretary of Defense
shall conduct an assessment of the effectiveness of the promotion system
established under section 6970 of title 10, United States Code, as added
by subsection (a), for permanent professors of the United States Naval
Academy, including an evaluation of the extent to which the
implementation of the promotion system has resulted in a competitive
environment for the selection of permanent professors and an evaluation
of whether the goals of the permanent professor program have been
achieved, including adequate career progression and promotion
opportunities for participating officers. <<NOTE: Deadline. Reports.>>
Not later than December 31, 2009, the Secretary shall submit to the
congressional defense committees a report containing the results of the
assessment.
(d) Use of Exclusions From Authorized Officer Strengths.--
Not <<NOTE: Deadline. Reports.>> later than March 31, 2008, the
Secretary of the Navy shall submit to the congressional defense
committees a report describing the plans of the Secretary for
utilization of authorized exemptions under section 523(b)(8) of title
10, United States Code, and a discussion of the Navy's requirement, if
any, and projections for use of additional exemptions by grade.
[[Page 122 STAT. 98]]
Subtitle B--Reserve Component Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE
SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.
Section 10216 of title 10, United States Code, is amended by
inserting after subsection (f) the following new subsection:
``(g) Retention of Military Technicians Who Lose Dual Status Due to
Combat-Related Disability.--(1) Notwithstanding subsection (d) of this
section or subsections (a)(3) and (b) of section 10218 of this title, if
a military technician (dual status) loses such dual status as the result
of a combat-related disability (as defined in section 1413a of this
title), the person may be retained as a non-dual status technician so
long as--
``(A) the combat-related disability does not prevent the
person from performing the non-dual status functions or
position; and
``(B) the person, while a non-dual status technician, is not
disqualified from performing the non-dual status functions or
position because of performance, medical, or other reasons.
``(2) A <<NOTE: Deadline.>> person so retained shall be removed not
later than 30 days after becoming eligible for an unreduced annuity and
becoming 60 years of age.
``(3) Persons retained under the authority of this subsection do not
count against the limitations of section 10217(c) of this title.''.
SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF
RESERVE OFFICERS IN CERTAIN HEALTH CARE PROFESSIONS.
(a) Inclusion of Additional Health Care Professions.--Paragraph (2)
of section 12207(b) of title 10, United States Code, is amended to read
as follows:
``(2)(A) If the Secretary of Defense determines that the number of
officers in a health profession described in subparagraph (B) who are
serving in an active status in a reserve component of the Army, Navy, or
Air Force in grades below major or lieutenant commander is critically
below the number needed in such health profession by such reserve
component in such grades, the Secretary of Defense may authorize the
Secretary of the military department concerned to credit any person who
is receiving an original appointment as an officer for service in such
health profession with a period of constructive credit in such amount
(in addition to any amount credited such person under paragraph (1)) as
will result in the grade of such person being that of captain or, in the
case of the Navy Reserve, lieutenant.
``(B) The types of health professions referred to in subparagraph
(A) include the following:
``(i) Any health profession performed by officers in the
Medical Corps of the Army or the Navy or by officers of the Air
Force designated as a medical officer.
``(ii) Any health profession performed by officers in the
Dental Corps of the Army or the Navy or by officers of the Air
Force designated as a dental officer.
[[Page 122 STAT. 99]]
``(iii) Any health profession performed by officers in the
Medical Service Corps of the Army or the Navy or by officers of
the Air Force designated as a medical service officer or
biomedical sciences officer.
``(iv) Any health profession performed by officers in the
Army Medical Specialist Corps.
``(v) Any health profession performed by officers of the
Nurse Corps of the Army or the Navy or by officers of the Air
Force designated as a nurse.
``(vi) Any health profession performed by officers in the
Veterinary Corps of the Army or by officers designated as a
veterinary officer.''.
(b) Conforming Amendment.--Paragraph (3) of such section is amended
by striking ``a medical or dental officer'' and inserting ``officers
covered by paragraph (2)''.
SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF
LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION OF 38
YEARS OF COMMISSIONED SERVICE.
(a) Mandatory Separation.--Section 14508 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), 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 be
separated in accordance with section 14514 of this title on the later of
the following:
``(1) 30 days after completion of 38 years of commissioned
service.
``(2) The fifth anniversary of the date of the officer's
appointment in the grade of lieutenant general or vice
admiral.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``for Brigadier Generals
and Rear Admirals (Lower Half)'' after ``Grade'' in the
subsection heading; and
(2) in subsection (b), by inserting ``for Major Generals and
Rear Admirals'' after ``Grade'' in the subsection heading.
SEC. 514. <<NOTE: 10 USC 12301 note.>> MAXIMUM PERIOD OF TEMPORARY
FEDERAL RECOGNITION OF PERSON AS ARMY NATIONAL GUARD OFFICER
OR AIR NATIONAL GUARD OFFICER.
Section 308(a) of title 32, United States Code, is amended in the
last sentence by striking ``six months'' and inserting ``one year''.
SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT
IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Advance Notice Required.--The Secretary of a military department
shall ensure that a member of a reserve component under the jurisdiction
of that Secretary who will be called or ordered to active duty for a
period of more than 30 days in support of
[[Page 122 STAT. 100]]
a contingency operation (as defined in section 101(a)(13) of title 10,
United States Code) receives notice in advance of the mobilization date.
In so far as is practicable, the notice shall be provided not less
than <<NOTE: Deadline.>> 30 days before the mobilization date, but with
a goal of 90 days before the mobilization date.
(b) Reduction or Waiver of Notice Requirement.--The Secretary of
Defense may waive the requirement of subsection (a), or authorize
shorter notice than the minimum specified in such subsection, during a
war or national emergency declared by the President or Congress or to
meet mission requirements. <<NOTE: Reports.>> If the waiver or
reduction is made on account of mission requirements, the Secretary
shall submit to Congress a report detailing the reasons for the waiver
or reduction and the mission requirements at issue.
SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND CERTIFICATION
REQUIREMENTS FOR RESERVE COMPONENT MEMBERS ON LONG-TERM
ACTIVE DUTY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the requirements to maintain licensure or
certification by members of the National Guard or other reserve
components of the Armed Forces while on active duty for an extended
period of time.
(b) Elements of Study.--In the study, the Comptroller General
shall--
(1) identify the number and type of professional or other
licensure or certification requirements that may be adversely
impacted by extended periods of active duty; and
(2) determine mechanisms that would provide relief from
professional or other licensure or certification requirements
for members of the reserve components while on active duty for
an extended period of time.
(c) Report.--Not later than 120 days after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and House of Representative a report
containing the results of the study and such recommendations as the
Comptroller General considers appropriate to provide further relief for
members of the reserve components from professional or other licensure
or certification requirements while on active duty for an extended
period of time.
Subtitle C--Education and Training
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING OR
EDUCATION.
(a) Inclusion of Coast Guard.--Subsection (a) of section 2007 of
title 10, United States Code, is amended by striking ``Subject to
subsection (b), the Secretary of a military department'' and inserting
``Subject to subsections (b) and (c), the Secretary concerned''.
(b) Commissioned Officers on Active Duty.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by inserting after ``commissioned officer on
active duty'' the following: ``(other than a member of
the Ready Reserve)'';
[[Page 122 STAT. 101]]
(B) by striking ``the Secretary of the military
department concerned'' and inserting ``the Secretary
concerned''; and
(C) by striking ``or full-time National Guard duty''
both places it appears; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``the Secretary of the military department''
and inserting ``the Secretary concerned'';
(B) in subparagraph (B), by inserting after ``active
duty service'' the following: ``for which the officer
was ordered to active duty''; and
(C) in subparagraph (C), by striking ``Secretary''
and inserting ``Secretary concerned''.
(c) Authority To Pay Tuition Assistance to Members of the Ready
Reserve.--
(1) Availability of assistance.--Subsection (c) of such
section is amended to read as follows:
``(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned
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 (4) and (5), the Secretary concerned 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 concerned for purposes of this subsection.
``(3) The Secretary concerned may not pay charges under paragraph
(1) for tuition or expenses of an officer of the Selected Reserve unless
the officer enters into an agreement to remain a member of the Selected
Reserve for at least 4 years after completion of the education or
training for which the charges are paid.
``(4) The Secretary concerned may not pay charges under paragraph
(2) for tuition or expenses of an officer of the Individual Ready
Reserve unless the officer enters into an agreement to remain in the
Selected Reserve or Individual Ready Reserve for at least 4 years after
completion of the education or training for which the charges are paid.
``(5) The Secretary of a military department may require an enlisted
member of the Selected Reserve or Individual Ready Reserve to enter into
an agreement to serve for up to 4 years in the Selected Reserve or
Individual Ready Reserve, as the case may be, after completion of the
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
[[Page 122 STAT. 102]]
service specified in the agreement, the member shall be subject to the
repayment provisions of section 303a(e) of title 37.''.
(d) 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 or, with respect to the Coast
Guard when it is not operating as a service in the Navy, the Secretary
of Homeland Security.''.
(e) Study.--
(1) Study required.--The Secretary of Defense shall carry
out a study on the tuition assistance program carried out under
section 2007 of title 10, United States Code. The study shall--
(A) identify the number of members of the Armed
Forces eligible for assistance under the program, and
the number who actually receive the assistance;
(B) assess the extent to which the program affects
retention rates; and
(C) assess the extent to which State tuition
assistance programs affect retention rates in those
States.
(2) Report.--Not later than 9 months after the date of the
enactment of this Act, 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
containing the results of the study.
SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY
RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT FOR
CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Paragraph (3) of section 2107a(b) of title 10, United States Code,
is amended to read as follows:
``(3)(A) Subject to subparagraph (C), in the case of a person
described in subparagraph (B), the Secretary may, at any time and with
the consent of the person, modify an agreement described in paragraph
(1)(F) submitted by the person for the purpose of reducing or
eliminating the troop program unit service obligation specified in the
agreement and to establish, in lieu of that obligation, an active duty
service obligation.
``(B) Subparagraph (A) applies with respect to the following
persons:
``(i) A cadet under this section at a military junior
college.
``(ii) A cadet or former cadet under this section who is
selected under section 2114 of this title to be a medical
student at the Uniformed Services University of the Health
Sciences.
``(iii) A cadet or former cadet under this section who signs
an agreement under section 2122 of this title for participation
in the Armed Forces Health Professions Scholarship and Financial
Assistance program.
``(C) The modification of an agreement described in paragraph (1)(F)
may be made only if the Secretary determines that it is in the best
interests of the United States to do so.''.
[[Page 122 STAT. 103]]
SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER
ARMY RESERVE AND ARMY NATIONAL GUARD FINANCIAL ASSISTANCE
PROGRAM.
Section 2107a(h) of title 10, United States Code, is amended by
striking ``not more than 416 cadets each year under this section, to
include'' and inserting ``each year under this section''.
SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED
MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS.--
(1) Treatment of students with prior active service.--
Section 2114 of title 10, United States Code, is amended--
(A) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(B) in subsection (b)--
(i) by inserting ``(1)'' after ``(b)''; and
(ii) by inserting after the second sentence
the following new paragraph:
``(2) If a member of the uniformed services selected to be a student
has prior active service in a pay grade and with years of service
credited for pay that would entitle the member, if the member remained
in the former grade, to a rate of basic pay in excess of the rate of
basic pay for regular officers in the grade of second lieutenant or
ensign, the member shall be paid basic pay based on the former grade and
years of service credited for pay. The amount of such basic pay for the
member shall be increased on January 1 of each year by the percentage by
which basic pay is increased on average on that date for that year, and
the member shall continue to receive basic pay based on the former grade
and years of service until the date, whether occurring before or after
graduation, on which the basic pay for the member in the member's actual
grade and years of service credited for pay exceeds the amount of basic
pay to which the member is entitled based on the member's former grade
and years of service.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by striking ``Upon graduation
they'' and inserting the following:
``(c) Medical students who graduate''; and
(B) in subsection (i), as redesignated by paragraph
(1), by striking ``subsection (b)'' and inserting
``subsection (c)''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--Section 2121(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) If a member of the uniformed services selected to participate
in the program as a medical student has prior active service in a pay
grade and with years of service credited for pay that would entitle the
member, if the member remained in the former grade, to a rate of basic
pay in excess of the rate of basic pay for regular officers in the grade
of second lieutenant or ensign, the member shall be paid basic pay based
on the former grade and years of service credited for pay. The amount of
such basic pay for the member shall be increased on January 1 of each
year by the percentage by which basic pay is increased on average
[[Page 122 STAT. 104]]
on that date for that year, and the member shall continue to receive
basic pay based on the former grade and years of service until the date,
whether occurring before or after the conclusion of such participation,
on which the basic pay for the member in the member's actual grade and
years of service credited for pay exceeds the amount of basic pay to
which the member is entitled based on the member's former grade and
years of service.''.
(c) Officers Detailed as Students at Medical Schools.--
(1) Appointment and treatment of prior active service.--
Section 2004a of such title is amended--
(A) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(B) by inserting after subsection (d) the following
new subsection:
``(e) Appointment and Treatment of Prior Active Service.--(1) A
commissioned officer detailed as a student at a medical school under
subsection (a) shall be appointed as a regular officer in the grade of
second lieutenant or ensign and shall serve on active duty in that grade
with full pay and allowances of that grade.
``(2) If an officer detailed to be a medical student has prior
active service in a pay grade and with years of service credited for pay
that would entitle the officer, if the officer remained in the former
grade, to a rate of basic pay in excess of the rate of basic pay for
regular officers in the grade of second lieutenant or ensign, the
officer shall be paid basic pay based on the former grade and years of
service credited for pay. The amount of such basic pay for the officer
shall be increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year, and the
officer shall continue to receive basic pay based on the former grade
and years of service until the date, whether occurring before or after
graduation, on which the basic pay for the officer in the officer's
actual grade and years of service credited for pay exceeds the amount of
basic pay to which the officer is entitled based on the officer's former
grade and years of service.''.
(2) Technical amendment.--Subsection (c) of such section is
amended by striking ``subsection (c)'' and inserting
``subsection (b)''.
SEC. 525. 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. 526. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS.
(a) Master of Arts Program Authorized.--Section 2163 of title 10,
United States Code, is amended--
(1) in subsection (a), by inserting ``or master of arts''
after ``master of science''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) Master of arts in strategic security studies.--The
degree of master of arts in strategic security studies, to
graduates of the University who fulfill the requirements of the
program at the School for National Security Executive
Education.''.
[[Page 122 STAT. 105]]
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2163. National Defense University: master's degree programs''.
(2) Table of contents.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2163 and inserting the following
new item:
``2163. National Defense University: master's degree programs.''.
(c) <<NOTE: 10 USC 2163 note.>> Applicability to 2006-2007
Graduates.--Paragraph (4) of section 2163(b) of title 10, United States
Code, as added by subsection (a) of this section, applies with respect
to any person who becomes a graduate of the National Defense University
on or after September 6, 2006, and fulfills the requirements of the
program referred to in such paragraph (4).
SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE OF MASTER OF
SCIENCE IN FLIGHT TEST ENGINEERING.
Section 9317(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The degree of master of science in flight test
engineering 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 the Air University.''.
SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN MEMBERS OF
RESERVE COMPONENTS.
(a) Accelerated Payment of Educational Assistance for Members of the
Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United States
Code, is amended by inserting after section 16131 the following
new section:
``Sec. 16131a. Accelerated payment of educational assistance
``(a) The educational assistance allowance payable under section
16131 of this title with respect to an eligible person described in
subsection (b) may, upon the election of such eligible person, be paid
on an accelerated basis in accordance with this section.
``(b) An eligible person described in this subsection is a person
entitled to educational assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an associate,
bachelors, masters, or other degree, subject to subsection (g);
and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal to
200 percent of the monthly rate of educational assistance
allowance otherwise payable with respect to the person under
section 16131 of this title.
[[Page 122 STAT. 106]]
``(c)(1) The amount of the accelerated payment of educational
assistance payable with respect to an eligible person making an election
under subsection (a) for a program of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established
charges for the program of education; or
``(B) the aggregate amount of educational assistance
allowance to which the person remains entitled under this
chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in subparagraph (B),
the term `established charges', in the case of a program of education,
means the actual charges (as determined pursuant to regulations
prescribed by the Secretary of Veterans Affairs) for tuition and fees
which similarly circumstanced individuals who are not eligible for
benefits under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall be
determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter,
or semester.
``(ii) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the entire program
of education.
``(B) In this subsection, the term `established charges' does not
include any fees or payments attributable to the purchase of a vehicle.
``(3) The educational institution providing the program of education
for which an accelerated payment of educational assistance allowance is
elected by an eligible person under subsection (a) shall certify to the
Secretary of Veterans Affairs the amount of the established charges for
the program of education.
``(d) An accelerated payment of educational assistance allowance
made with respect to an eligible person under this section for a program
of education shall be made not later than the last day of the month
immediately following the month in which the Secretary of Veterans
Affairs receives a certification from the educational institution
regarding--
``(1) the person's enrollment in and pursuit of the program
of education; and
``(2) the amount of the established charges for the program
of education.
``(e)(1) Except as provided in paragraph (2), for each accelerated
payment of educational assistance allowance made with respect to an
eligible person under this section, the person's entitlement to
educational assistance under this chapter shall be charged the number of
months (and any fraction thereof) determined by dividing the amount of
the accelerated payment by the full-time monthly rate of educational
assistance allowance otherwise payable with respect to the person under
section 16131 of this title as of the beginning date of the enrollment
period for the program of education for which the accelerated payment is
made.
``(2) If the monthly rate of educational assistance allowance
otherwise payable with respect to an eligible person under section 16131
of this title increases during the enrollment period of a
[[Page 122 STAT. 107]]
program of education for which an accelerated payment of educational
assistance allowance is made under this section, the charge to the
person's entitlement to educational assistance under this chapter shall
be determined by prorating the entitlement chargeable, in the manner
provided for under paragraph (1), for the periods covered by the initial
rate and increased rate, respectively, in accordance with regulations
prescribed by the Secretary of Veterans Affairs.
``(f) <<NOTE: Regulations.>> The Secretary of Veterans Affairs
shall prescribe regulations to carry out this section. The regulations
shall include requirements, conditions, and methods for the request,
issuance, delivery, certification of receipt and use, and recovery of
overpayment of an accelerated payment of educational assistance
allowance under this section. The regulations may include such elements
of the regulations prescribed under section 3014A of title 38 as the
Secretary of Veterans Affairs considers appropriate for purposes of this
section.
``(g) The aggregate amount of educational assistance payable under
this section in any fiscal year for enrollments covered by subsection
(b)(1) may not exceed $4,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1606 of such title is amended by inserting
after the item relating to section 16131 the following new item:
``16131a. Accelerated payment of educational assistance.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after such
date.
(b) <<NOTE: 10 USC 16131a note.>> Accelerated Payment of
Educational Assistance for Reserve Component Members Supporting
Contingency Operations and Other Operations.--
(1) In general.--Chapter 1607 of title 10, United States
Code, is amended by inserting after section 16162 the following
new section:
``Sec. 16162a. Accelerated payment of educational assistance
``(a) Payment on Accelerated Basis.--The educational assistance
allowance payable under section 16162 of this title with respect to an
eligible member described in subsection (b) may, upon the election of
such eligible member, be paid on an accelerated basis in accordance with
this section.
``(b) Eligible Members.--An eligible member described in this
subsection is a member of a reserve component entitled to educational
assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an associate,
bachelors, masters, or other degree, subject to subsection (g);
and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal to
200 percent of the monthly rate of educational assistance
allowance otherwise payable with respect to the member under
section 16162 of this title.
``(c) Amount of Accelerated Payment.--(1) The amount of the
accelerated payment of educational assistance payable with
[[Page 122 STAT. 108]]
respect to an eligible member making an election under subsection (a)
for a program of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established
charges for the program of education; or
``(B) the aggregate amount of educational assistance
allowance to which the member remains entitled under this
chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in subparagraph (B),
the term `established charges', in the case of a program of education,
means the actual charges (as determined pursuant to regulations
prescribed by the Secretary of Veterans Affairs) for tuition and fees
which similarly circumstanced individuals who are not eligible for
benefits under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall be
determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter,
or semester.
``(ii) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the entire program
of education.
``(B) In this subsection, the term `established charges' does not
include any fees or payments attributable to the purchase of a vehicle.
``(3) The educational institution providing the program of education
for which an accelerated payment of educational assistance allowance is
elected by an eligible member under subsection (a) shall certify to the
Secretary of Veterans Affairs the amount of the established charges for
the program of education.
``(d) Time of Payment.--An accelerated payment of educational
assistance allowance made with respect to an eligible member under this
section for a program of education shall be made not later than the last
day of the month immediately following the month in which the Secretary
of Veterans Affairs receives a certification from the educational
institution regarding--
``(1) the member's enrollment in and pursuit of the program
of education; and
``(2) the amount of the established charges for the program
of education.
``(e) Charge Against Entitlement.--(1) Except as provided in
paragraph (2), for each accelerated payment of educational assistance
allowance made with respect to an eligible member under this section,
the member's entitlement to educational assistance under this chapter
shall be charged the number of months (and any fraction thereof)
determined by dividing the amount of the accelerated payment by the
full-time monthly rate of educational assistance allowance otherwise
payable with respect to the member under section 16162 of this title as
of the beginning date of the enrollment period for the program of
education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance allowance
otherwise payable with respect to an eligible member under section 16162
of this title increases during the enrollment period of a program of
education for which an accelerated payment of educational assistance
allowance is made under this section, the charge
[[Page 122 STAT. 109]]
to the member's entitlement to educational assistance under this chapter
shall be determined by prorating the entitlement chargeable, in the
manner provided for under paragraph (1), for the periods covered by the
initial rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) Regulations.--The Secretary of Veterans Affairs shall
prescribe regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the request, issuance,
delivery, certification of receipt and use, and recovery of overpayment
of an accelerated payment of educational assistance allowance under this
section. The regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of Veterans
Affairs considers appropriate for purposes of this section.
``(g) Limitation.--The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments covered by
subsection (b)(1) may not exceed $3,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1607 of such title is amended by inserting
after the item relating to section 16162 the following new item:
``16162a. Accelerated payment of educational assistance.''.
(3) <<NOTE: 10 USC 16162a note.>> Effective date.--The
amendments made by this subsection shall take effect on October
1, 2008, and shall only apply to initial enrollments in approved
programs of education after such date.
(c) Enhancement of Educational Assistance for Reserve Component
Members Supporting Contingency Operations and Other Operations.--
(1) Assistance for three years cumulative service.--
Subsection (c)(4)(C) of section 16162 of title 10, United States
Code, is amended by striking ``for two continuous years or
more.'' and inserting ``for--
``(i) two continuous years or more; or
``(ii) an aggregate of three years or more.''.
(2) Contributions for increased amount of educational
assistance.--Such section is further amended by adding at the
end the following new subsection:
``(f) Contributions for Increased Amount of Educational
Assistance.--(1)(A) Any individual eligible for educational assistance
under this section may contribute amounts for purposes of receiving an
increased amount of educational assistance as provided for in paragraph
(2).
``(B) An individual covered by subparagraph (A) may make the
contributions authorized by that subparagraph at any time while a member
of a reserve component, but not more frequently than monthly.
``(C) The total amount of the contributions made by an individual
under subparagraph (A) may not exceed $600. Such contributions shall be
made in multiples of $20.
``(D) Contributions under this subsection shall be made to the
Secretary concerned. Such Secretary shall deposit any amounts received
as contributions under this subsection into the Treasury as
miscellaneous receipts.
[[Page 122 STAT. 110]]
``(2) <<NOTE: Effective date.>> Effective as of the first day of
the enrollment period following the enrollment period in which an
individual makes contributions under paragraph (1), the monthly amount
of educational assistance allowance applicable to such individual under
this section shall be the monthly rate otherwise provided for under
subsection (c) increased by--
``(A) an amount equal to $5 for each $20 contributed by such
individual under paragraph (1) for an approved program of
education pursued on a full-time basis; or
``(B) <<NOTE: Regulations.>> an appropriately reduced
amount based on the amount so contributed as determined under
regulations that the Secretary of Veterans Affairs shall
prescribe, for an approved program of education pursued on less
than a full-time basis.''.
SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR CERTAIN MEMBERS OF THE SELECTED RESERVE AFFECTED BY
FORCE SHAPING INITIATIVES.
Section 16133(b)(1)(B) of title 10, United States Code, is amended
by inserting ``or the period beginning on October 1, 2007, and ending on
September 30, 2014,'' after ``December 31, 2001,''.
SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS AND RESUMPTION OF
BENEFIT.
(a) Modification of Time Limit for Use of Benefit.--
(1) Modification.--Section 16164(a) of title 10, United
States Code, is amended by striking ``this chapter while
serving--'' and all that follows and inserting ``this chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready Reserve,
in the case of a member called or ordered to active
service while serving in the Selected Reserve; or
``(B) in the Ready Reserve, in the case of a member
ordered to active duty while serving in the Ready
Reserve (other than the Selected Reserve); and
``(2) in the case of a person who separates from the
Selected Reserve of the Ready Reserve after completion of a
period of active service described in section 16163 of this
title and completion of a service contract under other than
dishonorable conditions, during the 10-year period beginning on
the date on which the person separates from the Selected
Reserve.''.
(2) Conforming amendment.--Paragraph (2) of section 16165(a)
of such title is amended to read as follows:
``(2) when the member separates from the Ready Reserve as
provided in section 16164(a)(1) of this title, or upon
completion of the period provided for in section 16164(a)(2) of
this title, as applicable.''.
(b) Reclaiming Benefit for Members Reentering Service.--Section
16165(b) of such title is amended by striking ``of not more than 90
days'' after ``who incurs a break in service in the Selected Reserve''.
(c) <<NOTE: 10 USC 16164 note.>> Effective Date.--The amendments
made by this section shall take effect as of October 28, 2004, as if
included in the enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375), to which
such amendments relate.
[[Page 122 STAT. 111]]
SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE DEGREE-
GRANTING AUTHORITIES OF CERTAIN MILITARY UNIVERSITIES AND
EDUCATIONAL INSTITUTIONS.
(a) Evaluation Required.--The Secretary of Defense shall carry out
an evaluation of the degree-granting authorities provided by title 10,
United States Code, to the academic institutions specified in subsection
(b). The evaluation shall assess whether the current process, under
which each degree conferred by each institution must have a statutory
authorization, remains adequate, appropriate, and responsive enough to
meet emerging military service education requirements.
(b) Specified Institutions.--The academic institutions covered by
subsection (a) are the following:
(1) The National Defense University.
(2) The Army War College and the United States Army Command
and General Staff College.
(3) The United States Naval War College.
(4) The United States Naval Postgraduate School.
(5) Air University and the United States Air Force Institute
of Technology.
(6) The Marine Corps University.
(c) Report.--Not later than April 1, 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 evaluation. The report shall include the results of the evaluation
and any recommendations for changes to policy or law that the Secretary
considers appropriate.
SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND RESERVE SENIOR
RESERVE OFFICERS' TRAINING CORPS FINANCIAL ASSISTANCE
PROGRAM.
(a) Report Required.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the success of the financial assistance
program of the Senior Reserve Officers' Training Corps under section
2107a of title 10, United States Code, in securing the appointment of
second lieutenants in the Army Reserve and Army National Guard. The
report shall include detailed information on the appointment of cadets
under the financial assistance program who are enrolled in an
educational institution described in subsection (b) and address the
efforts of the Secretary to increase awareness of the availability and
advantages of appointment in the Senior Reserve Officers' Training Corps
at these institutions and to increase the number of cadets at these
institutions.
(b) Covered Educational Institutions.--The educational institutions
referred to in subsection (a) are the following:
(1) An historically Black college or university that is a
part B institution, as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)).
(2) A minority institution, as defined in section 365(3) of
that Act (20 U.S.C. 1067k(3)).
(3) An Hispanic-serving institution, as defined in section
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)).
[[Page 122 STAT. 112]]
SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE
ARMED FORCES.
(a) Reports Required.--Not later than April 1, 2008, the Secretary
of each military department shall submit to the congressional defense
committees a report on the utilization of tuition assistance by members
of the Armed Forces, whether in the regular components of the Armed
Forces or the reserve components of the Armed Forces, under the
jurisdiction of such military department during fiscal year 2007.
(b) Elements.--The report with respect to a military department
under subsection (a) shall include the following:
(1) Information on the policies of such military department
for fiscal year 2007 regarding utilization of, and limits on,
tuition assistance by members of the Armed Forces under the
jurisdiction of such military department, including an estimate
of the number of members of the reserve components of the Armed
Forces under the jurisdiction of such military department whose
requests for tuition assistance during that fiscal year were
unfunded.
(2) Information on the policies of such military department
for fiscal year 2007 regarding funding of tuition assistance for
each of the regular components of the Armed Forces and each of
the reserve components of the Armed Forces under the
jurisdiction of such military department.
SEC. 534. <<NOTE: New York.>> NAVY JUNIOR RESERVE OFFICERS' TRAINING
CORPS UNIT FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH
SCHOOLS.
For purposes of meeting the requirements of section 2031(b) of title
10, United States Code, the Secretary of the Navy may and, to the extent
the schools request, shall treat any two or more of the following
schools (all in Southold, Suffolk County, New York) as a single
institution:
(1) Southold High School.
(2) Mattituck High School.
(3) Greenport High School.
SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN EDUCATIONAL
ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE COMPONENTS.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense, in cooperation with the Secretary of Veterans
Affairs, shall submit to the congressional defense committees and the
Committees on Veterans Affairs of the Senate and House of
Representatives a report on the feasibility and merits of transferring
the administration of the educational assistance programs for members of
the reserve components contained in chapters 1606 and 1607 of title 10,
United States Code, from the Department of Defense to the Department of
Veterans Affairs.
(b) Elements of Report.--The report shall specifically address the
following:
(1) A discussion of the history and purpose of the
educational assistance benefits under chapters 1606 and 1607 of
title 10, United States Code, and the data most recently
available, as of the date of the enactment of this Act, relating
to the cost of providing such benefits and the projected costs
[[Page 122 STAT. 113]]
of providing such benefits over the ten-year period beginning on
the such date.
(2) The effect of a transfer of administrative jurisdiction
on the delivery of educational assistance benefits to members of
the reserve components.
(3) The effect of a transfer of administrative jurisdiction
on Department of Defense efforts relating to recruiting,
retention, and compensation, including bonuses, special pays,
and incentive pays.
(4) The extent to which educational assistance benefits
influence the decision of a person to join a reserve component.
(5) The extent to which the educational assistance benefits
available under chapter 1606 of title 10, United States Code,
affect retention rates, including statistics showing how many
members remain in the reserve components in order to continue to
receive education benefits under such chapter.
(6) The extent to which the educational assistance benefits
available under chapter 1607 of title 10, United States Code,
affect retention rates, including statistics showing how many
members remain in the reserve components in order to continue to
receive education benefits under such chapter.
(7) The practical and budgetary issues involved in a
transfer of administrative jurisdiction, including a discussion
of the cost of equating the educational assistance benefits for
members of the active and reserve components.
(8) Any recommendations of the Secretary for legislation to
enhance or improve the delivery of educational assistance
benefits for members of the reserve components.
(9) The feasibility and likely effects of transferring the
administration of the educational assistance programs for
members of the reserve components contained in chapters 1606 and
1607 of title 10, United States Code, from the Department of
Defense to the Department of Veterans Affairs through the
recodification of such chapters in title 38, United States Code,
as proposed in section 525 of H.R. 1585 of the 110th Congress,
as passed by the House of Representatives, together with any
recommendations of the Secretary for improving that section.
(10) A discussion of the effects and impact of the
amendments to chapter 1607 of title 10, United States Code, made
by section 530 of this Act, relating to the extension of the
time limit for the use of educational assistance benefits under
that chapter.
(c) Reviews of Report.--Before submission of the report to Congress,
the Secretary of Defense shall secure the review of the report by the
Defense Business Board, in cooperation with the Reserve Forces Policy
Board. The Secretary of Veterans Affairs shall secure the review of the
report by the Veterans Affairs Advisory Committee on Education. The
results of such reviews shall be included as an appendix to the report.
(d) Comptroller General Review.--
Not <<NOTE: Deadline. Assessment.>> later than November 1, 2008, the
Comptroller General shall submit to the congressional committees
referred to in subsection (a) an assessment of the report, including a
review of the costs inherent in the transfer of administrative
jurisdiction and the recruiting and retention data and other assumptions
used by the Secretary of Defense in preparing the report. As part of the
assessment, the Comptroller General shall
[[Page 122 STAT. 114]]
solicit responses from the Secretary of Defense and the Secretary of
Veterans Affairs.
Subtitle D--Military Justice and Legal Assistance Matters
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE FEDERAL
GOVERNMENT AND DEPENDENTS OF DECEASED MEMBERS AS ELIGIBLE
FOR LEGAL ASSISTANCE FROM DEPARTMENT OF DEFENSE LEGAL STAFF
RESOURCES.
Section 1044(a) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(6) Survivors of a deceased member or former member
described in paragraphs (1), (2), (3), and (4) who were
dependents of the member or former member at the time of the
death of the member or former member, except that the
eligibility of such survivors shall be determined pursuant to
regulations prescribed by the Secretary concerned.
``(7) Civilian employees of the Federal Government serving
in locations where legal assistance from non-military legal
assistance providers is not reasonably available, except that
the eligibility of civilian employees shall be determined
pursuant to regulations prescribed by the Secretary
concerned.''.
SEC. 542. 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 the oaths authorized by subsections (a) and
(b).''.
SEC. 543. 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) Clerical amendments.--(A) The heading of such section is
amended to read as follows:
[[Page 122 STAT. 115]]
``Sec. 3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's
Corps: appointment; duties''.
(B) The table of sections at the beginning of chapter 305 of
such title is amended by striking the item relating to section
3037 and inserting the following new item:
``3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties.''.
(b) Grade of Judge Advocate General of the Navy.--Section 5148(b) 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 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) Increase in Number of Officers Serving in Grades Above Major
General and Rear Admiral.--Section 525(b) of such title is amended in
paragraphs (1) and (2)(A) by striking ``15.7 percent'' each place it
appears and inserting ``16.3 percent''.
(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) <<NOTE: Regulations.>> 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''.
(f) Strategic Plan to Link General and Flag Officer Numbers,
Assignments, and Development to the Missions and Requirements of the
Department of Defense.--
(1) Strategic plan required.--The Secretary of Defense shall
develop a strategic plan linking the missions and requirements
of the Department of Defense for general and flag officers to
the statutory limits on the numbers of general and flag
[[Page 122 STAT. 116]]
officers, and current assignment, promotion, and joint officer
development policies for general and flag officers.
(2) Advice of chairman of joint chiefs of staff.--The
Secretary shall develop the strategic plan required under
paragraph (1) with the advice of the Chairman of the Joint
Chiefs of Staff.
(3) Matters to be included.--The strategic plan required
under paragraph (1) shall include the following:
(A) A description of the process for identification
of the present and emerging requirements for general and
flag officers and recommendations for meeting these
requirements.
(B) Identification of the numbers of general and
flag officers by service, grade, and qualifications
currently available compared with the numbers needed to
meet existing statutory requirements in support of the
overall missions of the Department of Defense.
(C) An assessment of the problems or issues (and
proposed solutions for any such problems or issues)
arising from existing numerical limitations on the
number and grade distribution of active and reserve
component general and flag officers under sections 525,
526, and 12004 of title 10, United States Code.
(D) A discussion of how wartime requirements for
additional general or flag officers have been addressed
in support of Operation Enduring Freedom and Operation
Iraqi Freedom, including the usage of wartime or
national emergency authorities.
(E) An assessment of any problems or issues (and
proposed solutions for any such problems or issues)
arising from existing statutory provisions regarding
general and flag officer assignments and grade
requirements and the need, if any, for revision of
provisions in title 10, United States Code, specific to
individual general and flag officer positions along with
recommendations to mitigate the need for routine
legislative intervention as positions change to support
organizational demands.
(F) An assessment of the use currently being made of
reserve component flag and general officers and
discussion of barriers to the qualification, selection,
and assignment of National Guard and Reserve officers
for the broadest possible range of positions of
importance and responsibility.
(4) Deadline for submission.--The Secretary shall submit the
plan required under paragraph (1) to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 1, 2009.
SEC. 544. <<NOTE: 10 USC note prec. 651.>> PROHIBITION AGAINST MEMBERS
OF THE ARMED FORCES PARTICIPATING IN CRIMINAL STREET GANGS.
The <<NOTE: Regulations.>> Secretary of Defense shall prescribe
regulations to prohibit the active participation by members of the Armed
Forces in a criminal street gang.
[[Page 122 STAT. 117]]
Subtitle E--Military Leave
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.
(a) Temporary Increase in Accumulated Leave Carryover Amount.--
Section 701 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsection (f) and
subsection (g)'' and inserting ``subsections (d), (f), and
(g)''; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding subsection (b), during the period beginning on
October 1, 2008, through December 31, 2010, a member may accumulate up
to 75 days of leave.''.
(b) Conforming Amendments Related to High Deployment Members.--
Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``any accumulated leave
in excess of 60 days at the end of the fiscal year'' and
inserting ``at the end of the fiscal year any accumulated leave
in excess of the number of days of leave authorized to be
accumulated under subsection (b) or (d)'';
(2) in paragraph (1)(C)--
(A) by striking ``60 days'' and inserting ``the days
of leave authorized to be accumulated under subsection
(b) or (d) that are''; and
(B) by inserting ``(or fourth fiscal year, if
accumulated while subsection (d) is in effect)'' after
``third fiscal year''; and
(3) in paragraph (2), by striking ``except for this
paragraph--'' and all that follows through the end of the
paragraph and inserting ``except for this paragraph, would lose
at the end of that fiscal year any accumulated leave in excess
of the number of days of leave authorized to be accumulated
under subsection (b) or (d), 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.''.
(c) Conforming Amendment Related to Members in Missing Status.--
Subsection (g) of such section is amended by striking ``60-day
limitation in subsection (b) and the 90-day limitation in subsection
(f)'' and inserting ``limitations in subsections (b), (d), and (f)''.
(d) 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 member may make an election under this paragraph
only once.''.
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.
Section 705(b)(2) of title 10, United States Code, is amended by
inserting ``for members whose qualifying tour of duty is 12 months or
less, or for not more than 20 days for members whose qualifying tour of
duty is longer than 12 months,'' after ``for not more than 15 days''.
[[Page 122 STAT. 118]]
Subtitle F--Decorations <<NOTE: President.>> and Awards
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE VIETNAM
WAR.
(a) Authorization.--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 Armed Forces, the President is authorized and requested to
award the Medal of Honor under section 3741 of such title to Leslie H.
Sabo, Jr., for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Leslie H. Sabo, Jr., on May 10, 1970,
as a member of the United States Army serving in the grade of Specialist
Four in the Republic of Vietnam with Company B of the 3d Battalion,
506th Infantry Regiment, 101st Airborne Division.
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO HENRY
SVEHLA FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization.--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 Armed Forces, the President is authorized and requested to
award the Medal of Honor under section 3741 of such title to Henry
Svehla for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Henry Svehla on June 12, 1952, as a
member of the United States Army serving in the grade of Private First
Class in Korea with Company F of the 32d Infantry Regiment, 7th Infantry
Division.
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE KOREAN WAR.
(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 Armed Forces, the President is
authorized and requested to award the Medal of Honor under section 3741
of such title to Woodrow W. Keeble for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Woodrow W. Keeble of the United States
Army as an acting platoon leader on October 20, 1950, during the Korean
War.
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR AS ONE OF
ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--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
[[Page 122 STAT. 119]]
to persons who served in the Armed Forces, the President is authorized
and requested to award the Medal of Honor under section 3741 of such
title posthumously to Private Philip G. Shadrach of Company K, 2nd Ohio
Volunteer Infantry Regiment for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Philip G. Shadrach as one of Andrews'
Raiders during the Civil War on April 12, 1862.
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE OF
ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--The President is authorized and requested to
award the Medal of Honor under section 3741 of title 10, United States
Code, posthumously to Private George D. Wilson of Company B, 2nd Ohio
Volunteer Infantry Regiment for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of George D. Wilson as one of Andrews'
Raiders during the Civil War on April 12, 1862.
Subtitle G--Impact Aid and Defense Dependents Education System
SEC. 571. 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, $30,000,000 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. 572. 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).
[[Page 122 STAT. 120]]
SEC. 573. 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. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY
DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE
DEPENDENTS' EDUCATION SYSTEM SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 926(b)(1)) is amended by inserting after the first sentence
the following new sentence: ``Schools to which tuition may be paid under
this subsection may include private boarding schools in the United
States.''.
Subtitle H--Military Families
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL AND
POLICY AND PLANS FOR MILITARY FAMILY READINESS.
(a) In General.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1781 the following
new sections:
``Sec. 1781a. Department of Defense Military Family Readiness Council
``(a) <<NOTE: Establishment.>> In General.--There is in the
Department of Defense the Department of Defense Military Family
Readiness Council (in this section referred to as the `Council').
``(b) Members.--(1) The Council shall consist of the following
members:
``(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, Navy, Marine
Corps, and Air Force, who shall be appointed by the 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.
``(D) In addition to the representatives appointed under
subparagraph (B), the senior enlisted advisors of the Army,
Navy, Marine Corps, and Air Force, or the spouse of a senior
[[Page 122 STAT. 121]]
enlisted member from each of the Army, Navy, Marine Corps, and
Air Force.
``(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.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary of
Defense regarding 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.
``Sec. 1781b. Department of Defense policy and plans for military family
readiness
``(a) Policy and Plans Required.--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 make military family readiness 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.
[[Page 122 STAT. 122]]
``(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 to achieve Department-
wide family readiness goals.
``(c) Elements of Policy.--The policy required under subsection (a)
shall include the following elements:
``(1) A list of military family readiness programs and
activities.
``(2) Department of Defense-wide goals for military family
support, including joint programs, both for military families of
members of the regular components and military families of
members of the reserve components.
``(3) Policies on access to military family support programs
and activities based on military family populations served and
geographical location.
``(4) Metrics to measure the performance and effectiveness
of the military family readiness programs and activities of the
Department of Defense.
``(5) 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.
``(d) Annual Report.--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 in which
the report is submitted. Each report shall include the plans covered by
the report and an assessment of the discharge by the Department of
Defense of the previous plans submitted under this section.''.
(b) Report on Military Family Readiness Policy.--Not later than
February 1, 2009, 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 subsection (a).
(c) Surveys of Military Families.--Section 1782 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Survey Required for Fiscal Year 2010.--Notwithstanding
subsection (a), during fiscal year 2010, the Secretary of Defense shall
conduct a survey otherwise authorized under such subsection. Thereafter,
additional surveys may be conducted not less often than once every three
fiscal years.''.
(d) 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 items:
``1781a. Department of Defense Military Family Readiness Council.
``1781b. Department of Defense policy and plans for military family
readiness.''.
SEC. 582. <<NOTE: 10 USC 10101 note.>> YELLOW RIBBON REINTEGRATION
PROGRAM.
(a) Establishment of Program.--The Secretary of Defense shall
establish a national combat veteran reintegration program to provide
National Guard and Reserve members and their families
[[Page 122 STAT. 123]]
with sufficient information, services, referral, and proactive outreach
opportunities throughout the entire deployment cycle. This program shall
be known as the Yellow Ribbon Reintegration Program.
(b) Purpose of Program; Deployment Cycle.--The Yellow Ribbon
Reintegration Program shall consist of informational events and
activities for members of the reserve components of the Armed Forces,
their families, and community members to facilitate access to services
supporting their health and well-being through the 4 phases of the
deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) <<NOTE: Designation.>> Executive Agent.--The Secretary shall
designate the Under Secretary of Defense for Personnel and Readiness as
the Department of Defense executive agent for the Yellow Ribbon
Reintegration Program.
(d) Office for Reintegration Programs.--
(1) Establishment.--The Under Secretary of Defense for
Personnel and Readiness shall establish the Office for
Reintegration Programs within the Office of the Secretary of
Defense. The office shall administer all reintegration programs
in coordination with State National Guard organizations. The
office shall be responsible for coordination with existing
National Guard and Reserve family and support programs. The
Directors of the Army National Guard and Air National Guard and
the Chiefs of the Army Reserve, Marine Corps Reserve, Navy
Reserve, and Air Force Reserve may appoint liaison officers to
coordinate with the permanent office staff. The office may also
enter into partnerships with other public entities, including
the Department of Health and Human Services, Substance Abuse and
the Mental Health Services Administration, for access to
necessary substance abuse and mental health treatment services
from local State-licensed service providers.
(2) <<NOTE: Establishment.>> Center for excellence in
reintegration.--The Office for Reintegration Programs shall
establish a Center for Excellence in Reintegration within the
office. The Center shall collect and analyze ``lessons learned''
and suggestions from State National Guard and Reserve
organizations with existing or developing reintegration
programs. The Center shall also assist in developing training
aids and briefing materials and training representatives from
State National Guard and Reserve organizations.
(e) <<NOTE: Establishment.>> Advisory Board.--
(1) Appointment.--The Secretary of Defense shall appoint an
advisory board to analyze the Yellow Ribbon Reintegration
Program and report on areas of success and areas for necessary
improvements. The advisory board shall include the Director of
the Army National Guard, the Director of the Air National Guard,
Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve,
and Air Force Reserve, the Assistant Secretary of Defense for
Reserve Affairs, an Adjutant General on a rotational basis as
determined by the Chief of the National Guard Bureau, and any
other Department of Defense, Federal Government agency, or
outside organization as determined by the
[[Page 122 STAT. 124]]
Secretary of Defense. The members of the advisory board may
designate representatives in their stead.
(2) Schedule.--The advisory board shall meet on a schedule
determined by the Secretary of Defense.
(3) Initial reporting requirement.--The advisory board shall
issue internal reports as necessary and shall submit an initial
report to the Committees on Armed Services of the Senate and
House of Representatives not later than 180 days after the end
of the 1-year period beginning on the date of the establishment
of the Office for Reintegration Programs. The report shall
contain--
(A) an evaluation of the implementation of the
Yellow Ribbon Reintegration Program by State National
Guard and Reserve organizations;
(B) an assessment of any unmet resource
requirements; and
(C) recommendations regarding closer coordination
between the Office of Reintegration Programs and State
National Guard and Reserve organizations.
(4) Annual reports.--The advisory board shall submit annual
reports to the Committees on Armed Services of the Senate and
the House of Representatives following the initial report by the
first week in March of subsequent years following the initial
report.
(f) State Deployment Cycle Support Teams.--The Office for
Reintegration Programs may employ personnel to administer the Yellow
Ribbon Reintegration Program at the State level. The primary function of
team members shall be--
(1) to implement the reintegration curriculum through the
deployment cycle described in subsection (g);
(2) to obtain necessary service providers; and
(3) to educate service providers regarding the unique
military nature of the reintegration program.
(g) Operation of Program Through Deployment Cycle.--
(1) In general.--The Office for Reintegration Programs shall
analyze the demographics, placement of State Family Assistance
Centers and their resources before a mobilization alert is
issued to affected State National Guard and Reserve
organizations. The Office of Reintegration Programs shall
consult with affected State National Guard and Reserve
organizations following the issuance of a mobilization alert and
implement the reintegration events in accordance with the
Reintegration Program phase model.
(2) Pre-deployment phase.--The Pre-Deployment Phase shall
constitute the time from first notification of mobilization
until deployment of the mobilized National Guard or Reserve
unit. Events and activities shall focus on providing education
and ensuring the readiness of members of the unit, their
families, and affected communities for the rigors of a combat
deployment.
(3) Deployment phase.--The Deployment Phase shall constitute
the period from deployment of the mobilized National Guard or
Reserve unit until the unit arrives at a demobilization station
inside the continental United States. Events and services
provided shall focus on the challenges and stress associated
with separation and having a member in a combat zone.
Information sessions shall utilize State National Guard and
[[Page 122 STAT. 125]]
Reserve resources in coordination with the Employer Support of
Guard and Reserve Office, Transition Assistance Advisors, and
the State Family Programs Director.
(4) Demobilization phase.--
(A) In general.--The Demobilization Phase shall
constitute the period from arrival of the National Guard
or Reserve unit at the demobilization station until its
departure for home station.
(B) Initial reintegration activity.--The purpose of
this reintegration program is to educate members about
the resources that are available to them and to connect
members to service providers who can assist them in
overcoming the challenges of reintegration.
(5) Post-deployment-reconstitution phase.--
(A) In general.--The Post-Deployment-Reconstitution
Phase shall constitute the period from arrival at home
station until 180 days following demobilization.
Activities and services provided shall focus on
reconnecting members with their families and communities
and providing resources and information necessary for
successful reintegration. Reintegration events shall
begin with elements of the Initial Reintegration
Activity program that were not completed during the
Demobilization Phase.
(B) 30-day, 60-day, and 90-day reintegration
activities.--The State National Guard and Reserve
organizations shall hold reintegration activities at the
30-day, 60-day, and 90-day interval following
demobilization. These activities shall focus on
reconnecting members and their families with the service
providers from the Initial Reintegration Activity to
ensure that members and their families understand what
benefits they are entitled to and what resources are
available to help them overcome the challenges of
reintegration. The Reintegration Activities shall also
provide a forum for members and their families to
address negative behaviors related to combat stress and
transition.
(C) Member pay.--Members shall receive appropriate
pay for days spent attending the Reintegration
Activities at the 30-day, 60-day, and 90-day intervals.
(h) Outreach Services.--As part of the Yellow Ribbon Reintegration
Program, the Office for Reintegration Programs may develop programs of
outreach to members of the Armed Forces and their family members to
educate such members and their family members about the assistance and
services available to them under the Yellow Ribbon Reintegration
Program. Such assistance and services may include the following:
(1) Marriage counseling.
(2) Services for children.
(3) Suicide prevention.
(4) Substance abuse awareness and treatment.
(5) Mental health awareness and treatment.
(6) Financial counseling.
(7) Anger management counseling.
(8) Domestic violence awareness and prevention.
(9) Employment assistance.
(10) Preparing and updating family care plans.
[[Page 122 STAT. 126]]
(11) Development of strategies for living with a member of
the Armed Forces with post-traumatic stress disorder or
traumatic brain injury.
(12) Other services that may be appropriate to address the
unique needs of members of the Armed Forces and their families
who live in rural or remote areas with respect to family
readiness and servicemember reintegration.
(13) Assisting members of the Armed Forces and their
families find and receive assistance with military family
readiness and servicemember reintegration, including referral
services.
(14) Development of strategies and programs that recognize
the need for long-term follow-up services for reintegrating
members of the Armed Forces and their families for extended
periods following deployments, including between deployments.
(15) Assisting members of the Armed Forces and their
families in receiving services and assistance from the
Department of Veterans Affairs, including referral services.
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND PROGRAMS FOR
FAMILIES OF MEMBERS OF REGULAR AND RESERVE COMPONENTS
UNDERGOING DEPLOYMENT.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the most effective means to enhance and improve family
support programs for families of deployed members of the regular and
reserve components of the Armed Forces before, during, and after
deployment. The study shall also take into account the potential to
utilize non-governmental and local private sector entities and other
Federal agencies having expertise in health and well-being of families,
including family members who are children, infants, or toddlers.
(b) Elements.--The study shall include at a minimum the following:
(1) The assessment of the types of information on health
care and mental health benefits and services and other community
resources that should be made available to members of the
regular and reserve components and their families, including--
(A) crisis services;
(B) marriage and family counseling; and
(C) financial counseling.
(2) An assessment of means to improve support to the parents
and caretakers of military dependent children in order to
mitigate any adverse effects of the deployment of members on
such children, including consideration of the following:
(A) The need to develop materials for parents and
other caretakers of children to assist in responding to
the effects of such deployment on children, including
extended and multiple deployments and reunion (and the
death or injury of members during such deployment), and
the role that parents and caretakers can play in
addressing or mitigating such effects.
(B) The potential best practices that are identified
which build psychological and emotional resiliency in
children in coping with deployment.
[[Page 122 STAT. 127]]
(C) The potential to improve dissemination
throughout the Armed Forces of the most effective
practices for outreach, training, and building
psychological and emotional resiliency in children.
(D) The effectiveness of training materials for
education, mental health, health, and family support
professionals who provide services to parents and
caretakers of military dependent children.
(E) The requirement to develop programs and
activities to increase awareness throughout the military
and civilian communities of the effects of deployment of
a military spouse or guardians for such children and
their families and to increase collaboration within such
communities to address and mitigate such effects.
(F) The development of training for early child care
and education, mental health, health care, and family
support professionals to enhance the awareness of such
professionals of their role in assisting families in
addressing and mitigating the adverse implications of
such deployment.
(G) The conduct of research on best practices for
building psychological and emotional resiliency in such
children in coping with the deployment of such members.
(3) An assessment of the effectiveness of family-to-family
support programs--
(A) in providing peer support for families of
deployed members of the regular and reserve components;
(B) in identifying and preventing family problems in
such families;
(C) in reducing adverse outcomes for children of
such families, including poor academic performance,
behavioral problems, stress, and anxiety;
(D) in improving family readiness and post-
deployment transition for such families; and
(E) in utilizing spouses of members of the Armed
Forces as counselors for families of deployed members,
in order to assist such families in coping before,
during, and after the deployment, and the best practices
for training spouses of members of the Armed Forces to
act as counselors for families of deployed members.
(4) An assessment of the effectiveness of transition
assistance programs and policies for families of members during
post-deployment transition from a combat zone back to civilian
or military communities--
(A) in identifying signs and symptoms of mental
health conditions for both service members and their
families; and
(B) in receiving information and resources available
within the local communities to ease transition.
(5) An assessment of the impact of multiple overseas
deployments of members on their families, particularly in the
case of members serving in Operation Iraqi Freedom and Operation
Enduring Freedom, including financial impacts and emotional
impacts.
(6) An assessment of the most effective timing of providing
information and support to the families of deployed members
[[Page 122 STAT. 128]]
before, during, and after deployment, including at least six
months after the date of return of deployed members.
(7) An assessment of the need for additional long-term
research on the effects of multiple wartime deployments on
families, including children, and critical areas of focus that
should be addressed by such research.
(c) Report on Results of Study.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing the results of
the study conducted under subsection (a).
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Protection of Servicemembers Against Default Judgments.--Section
201(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(a)) is
amended by inserting ``, including any child custody proceeding,'' after
``proceeding''.
(b) Stay of Proceedings When Servicemember Has Notice.--Section
202(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(a)) is
amended by inserting ``, including any child custody proceeding,'' after
``civil action or proceeding''.
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS OF THE ARMED
FORCES.
(a) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraphs:
``(14) Active duty.--The term `active duty' means duty under
a call or order to active duty under a provision of law referred
to in section 101(a)(13)(B) of title 10, United States Code.
``(15) Contingency operation.--The term `contingency
operation' has the same meaning given such term in section
101(a)(13) of title 10, United States Code.
``(16) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability
retired list, for a serious injury or illness.
``(17) Outpatient status.--The term `outpatient status',
with respect to a covered servicemember, means the status of a
member of the Armed Forces assigned to--
``(A) a military medical treatment facility as an
outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the Armed
Forces receiving medical care as outpatients.
``(18) Next of kin.--The term `next of kin', used with
respect to an individual, means the nearest blood relative of
that individual.
``(19) Serious injury or illness.--The term `serious injury
or illness', in the case of a member of the Armed Forces,
including a member of the National Guard or Reserves, means an
injury or illness incurred by the member in line of duty on
active duty in the Armed Forces that may render the
[[Page 122 STAT. 129]]
member medically unfit to perform the duties of the member's
office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 102(a) of such Act (29
U.S.C. 2612(a)) is amended--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(E) Because of any qualifying exigency (as the
Secretary shall, by regulation, determine) arising out
of the fact that the spouse, or a son, daughter, or
parent of the employee is on active duty (or has been
notified of an impending call or order to active duty)
in the Armed Forces in support of a contingency
operation.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Servicemember family leave.--Subject to section 103,
an eligible employee who is the spouse, son, daughter, parent,
or next of kin of a covered servicemember shall be entitled to a
total of 26 workweeks of leave during a 12-month period to care
for the servicemember. The leave described in this paragraph
shall only be available during a single 12-month period.
``(4) Combined leave total.--During the single 12-month
period described in paragraph (3), an eligible employee shall be
entitled to a combined total of 26 workweeks of leave under
paragraphs (1) and (3). Nothing in this paragraph shall be
construed to limit the availability of leave under paragraph (1)
during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(i) in paragraph (1), in the second sentence--
(I) by striking ``section
103(b)(5)'' and inserting ``subsection
(b)(5) or (f) (as appropriate) of
section 103''; and
(II) by inserting ``or under
subsection (a)(3)'' after ``subsection
(a)(1)'';
(ii) in paragraph (1), by inserting after the
second sentence the following new sentence:
``Subject to subsection (e)(3) and section 103(f),
leave under subsection (a)(1)(E) may be taken
intermittently or on a reduced leave schedule.'';
and
(iii) in paragraph (2), by inserting ``or
under subsection (a)(3)'' after ``subsection
(a)(1)''.
(B) Substitution of paid leave.--Section 102(d) of
such Act (29 U.S.C. 2612(d)) is amended--
(i) in paragraph (1)--
(I) by inserting ``(or 26 workweeks
in the case of leave provided under
subsection (a)(3))'' after ``12
workweeks'' the first place it appears;
and
(II) by inserting ``(or 26
workweeks, as appropriate)'' after ``12
workweeks'' the second place it appears;
(ii) in paragraph (2)(A), by striking ``or
(C)'' and inserting ``(C), or (E)''; and
(iii) in paragraph (2)(B), by adding at the
end the following: ``An eligible employee may
elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave,
personal leave,
[[Page 122 STAT. 130]]
family leave, or medical or sick leave of the
employee for leave provided under subsection
(a)(3) for any part of the 26-week period of such
leave under such subsection, except that nothing
in this title requires an employer to provide paid
sick leave or paid medical leave in any situation
in which the employer would not normally provide
any such paid leave.''.
(C) Notice.--Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended--
(i) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)'';
and
(ii) by adding at the end the following new
paragraph:
``(3) Notice for leave due to active duty of family
member.--In any case in which the necessity for leave under
subsection (a)(1)(E) is foreseeable, whether because the spouse,
or a son, daughter, or parent, of the employee is on active
duty, or because of notification of an impending call or order
to active duty in support of a contingency operation, the
employee shall provide such notice to the employer as is
reasonable and practicable.''.
(D) Spouses employed by same employer.--Section
102(f) of such Act (29 U.S.C. 2612(f)) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and aligning the
margins of the subparagraphs with the margins of
section 102(e)(2)(A);
(ii) by striking ``In any'' and inserting the
following:
``(1) In general.--In any''; and
(iii) by adding at the end the following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of workweeks
of leave to which both that husband and wife may be
entitled under subsection (a) may be limited to 26
workweeks during the single 12-month period described in
subsection (a)(3) if the leave is--
``(i) leave under subsection (a)(3); or
``(ii) a combination of leave under subsection
(a)(3) and leave described in paragraph (1).
``(B) Both limitations applicable.--If the leave
taken by the husband and wife includes leave described
in paragraph (1), the limitation in paragraph (1) shall
apply to the leave described in paragraph (1).''.
(E) Certification requirements.--Section 103 of such
Act (29 U.S.C. 2613) is amended--
(i) in subsection (a)--
(I) by striking ``section
102(a)(1)'' and inserting ``paragraph
(1) or paragraph (3) of section
102(a)''; and
(II) by inserting ``or of the next
of kin of an individual in the case of
leave taken under such paragraph (3),''
after ``parent of the employee,''; and
(ii) by adding at the end the following:
``(f) Certification Related to Active Duty or Call to Active Duty.--
An employer may require that a request for leave under section
102(a)(1)(E) be supported by a certification issued
[[Page 122 STAT. 131]]
at such time and in such manner as the Secretary may by regulation
prescribe. If the Secretary issues a regulation requiring such
certification, the employee shall provide, in a timely manner, a copy of
such certification to the employer.''.
(F) Failure to return.--Section 104(c) of such Act
(29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting ``or
under section 102(a)(3)'' before the semicolon;
and
(ii) in paragraph (3)(A)--
(I) in clause (i), by striking
``or'' at the end;
(II) in clause (ii), by striking the
period and inserting ``; or''; and
(III) by adding at the end the
following:
``(iii) a certification issued by the health
care provider of the servicemember being cared for
by the employee, in the case of an employee unable
to return to work because of a condition specified
in section 102(a)(3).''.
(G) Enforcement.--Section 107 of such Act (29 U.S.C.
2617) is amended, in subsection (a)(1)(A)(i)(II), by
inserting ``(or 26 weeks, in a case involving leave
under section 102(a)(3))'' after ``12 weeks''.
(H) Instructional employees.--Section 108 of such
Act (29 U.S.C. 2618) is amended, in subsections (c)(1),
(d)(2), and (d)(3), by inserting ``or under section
102(a)(3)'' after ``section 102(a)(1)''.
(b) Servicemember Family Leave for Civil Service Employees.--
(1) Definitions.--Section 6381 of title 5, United States
Code, is amended--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10;
``(8) the term `covered servicemember' means a member of the
Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in an outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury
or illness;
``(9) the term `outpatient status', with respect to a
covered servicemember, means the status of a member of the Armed
Forces assigned to--
``(A) a military medical treatment facility as an
outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the Armed
Forces receiving medical care as outpatients;
``(10) the term `next of kin', used with respect to an
individual, means the nearest blood relative of that individual;
and
``(11) 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
[[Page 122 STAT. 132]]
the Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.''.
(2) Entitlement to leave.--Section 6382(a) of such title is
amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the spouse, son,
daughter, parent, or next of kin of a covered servicemember shall be
entitled to a total of 26 administrative workweeks of leave during a 12-
month period to care for the servicemember. The leave described in this
paragraph shall only be available during a single 12-month period.
``(4) During the single 12-month period described in paragraph (3),
an employee shall be entitled to a combined total of 26 administrative
workweeks of leave under paragraphs (1) and (3). Nothing in this
paragraph shall be construed to limit the availability of leave under
paragraph (1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such title is
amended--
(i) in paragraph (1), in the second sentence--
(I) by striking ``section
6383(b)(5)'' and inserting ``subsection
(b)(5) or (f) (as appropriate) of
section 6383''; and
(II) by inserting ``or under
subsection (a)(3)'' after ``subsection
(a)(1)''; and
(ii) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 6382(d) of
such title is amended by adding at the end the
following: ``An employee may elect to substitute for
leave under subsection (a)(3) any of the employee's
accrued or accumulated annual or sick leave under
subchapter I for any part of the 26-week period of leave
under such subsection.''.
(C) Notice.--Section 6382(e) of such title is
amended by inserting ``or under subsection (a)(3)''
after ``subsection (a)(1)''.
(D) Certification.--Section 6383 of such title is
amended by adding at the end the following:
``(f) An employing agency may require that a request for leave under
section 6382(a)(3) be supported by a certification issued at such time
and in such manner as the Office of Personnel Management may by
regulation prescribe.''.
SEC. 586. <<NOTE: Procedures. 10 USC 991 note.>> FAMILY CARE PLANS AND
DEFERMENT OF DEPLOYMENT OF SINGLE PARENT OR DUAL MILITARY
COUPLES WITH MINOR DEPENDENTS.
The Secretary of Defense shall establish appropriate procedures to
ensure that an adequate family care plan is in place for a member of the
Armed Forces with minor dependents who is a single parent or whose
spouse is also a member of the Armed Forces when the member may be
deployed in an area for which imminent danger pay is authorized under
section 310 of title 37, United States Code. Such procedures should
allow the member to request a deferment of deployment due to unforeseen
circumstances, and the request for such a deferment should be considered
and responded to promptly.
[[Page 122 STAT. 133]]
SEC. 587. <<NOTE: 10 USC 1781 note.>> EDUCATION AND TREATMENT SERVICES
FOR MILITARY DEPENDENT CHILDREN WITH AUTISM.
(a) Assessment of Availability of Services.--The Secretary of
Defense shall conduct a comprehensive assessment of the availability of
Federal, State, and local education and treatment services on and in the
vicinity of a covered military installation for children of members of
the Armed Forces who are diagnosed with autism. This assessment shall
include the following:
(1) The local availability of adequate educational services
for children with autism.
(2) The local availability of adequate medical services for
children with autism.
(3) The local availability of supplemental services for
children with autism.
(4) The ease of access of children with autism to adequate
educational services, such as the length of time on waiting
lists.
(b) Review of Best Practices.--In preparing the assessment under
subsection (a), the Secretary of Defense shall conduct a review of best
practices in the United States in the provision of covered educational
services and treatment services for children with autism, including an
assessment of Federal and State education and treatment services for
children with autism in each State, with an emphasis on locations where
eligible members and eligible dependents reside. The Secretary of
Defense shall conduct the review in coordination with the Secretary of
Education.
(c) Personnel Management Requirements.--
(1) Limited stationing options.--The Secretary of the
military department concerned shall ensure that, whenever
practicable, eligible members are only assigned to military
installations that are identified in the report required by
subsection (g)(1).
(2) Stabilization policy.--The Secretary of the military
department concerned shall ensure that, whenever practicable,
the families of eligible members residing at a military
installation that is identified in such report are permitted to
remain at that installation for a period of not less than 4
years.
(d) Case Managers and Services.--
(1) Case managers.--The Secretary of the military department
concerned shall ensure that eligible members are assigned case
managers for both medical services and covered educational
services for eligible dependents, which shall be required under
the Exceptional Family Member Program pursuant to the policy
established by the Secretary.
(2) Individualized services plan.--The Secretary of the
military department concerned shall provide for the voluntary
development for eligible dependents of individualized autism
services plans for use by case managers, caregivers, and
families to ensure continuity of services throughout the active
military service of eligible members.
(3) Autism support centers.--The Secretary of the military
department concerned may establish local centers on military
installations for the purpose of providing and coordinating
autism services for eligible dependents.
[[Page 122 STAT. 134]]
(4) Partnerships and contracts.--The Secretary of the
military department concerned is encouraged to enter into
partnerships or contracts with other appropriate public and
private entities to carry out the responsibilities of this
section.
(e) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense may
conduct 1 or more demonstration projects to evaluate improved
approaches to the provision of covered educational services and
treatment services to eligible dependents for the purpose of
evaluating strategies for integrated treatment and case manager
services, including early intervention and diagnosis, medical
care, parent involvement, special education services, intensive
behavioral intervention, and language, communications, and other
interventions considered appropriate by the Secretary.
(2) Case managers and services plan.--Each demonstration
project shall include the assignment of case managers under
paragraph (1) of subsection (d) and utilize the services plans
prepared for eligible dependents under paragraph (2) of such
subsection.
(3) Supervisory level providers.--The Secretary of Defense
may utilize for purposes of the demonstration projects personnel
who are professionals with a level (as determined by the
Secretary) of post-secondary education that is appropriate for
the provision of safe and effective services for autism and who
are from an accredited educational facility in the mental
health, human development, social work, or education field to
act as supervisory level providers of behavioral intervention
services for autism. In so acting, such personnel may be
authorized--
(A) to develop and monitor intensive behavior
intervention plans for eligible dependents who are
participating in the demonstration projects; and
(B) to provide appropriate training in the provision
of approved services to participating eligible
dependents.
(4) Services under corporate services provider model.--In
carrying out the demonstration projects, the Secretary of
Defense may utilize a corporate services provider model.
Employees of a provider under such a model shall include
personnel who implement special educational and behavioral
intervention plans for eligible dependents that are developed,
reviewed, and maintained by supervisory level providers approved
by the Secretary. In authorizing such a model, the Secretary
shall establish--
(A) <<NOTE: Criteria.>> minimum education,
training, and experience criteria required to be met by
employees who provide services to eligible dependents;
(B) <<NOTE: Requirements.>> requirements for
supervisory personnel and supervision, including
requirements for supervisor credentials and for the
frequency and intensity of supervision; and
(C) such other requirements as the Secretary
considers appropriate to ensure safety and the
protection of the eligible dependents who receive
services from such employees under the demonstration
projects.
(5) <<NOTE: Deadline.>> Period.--If the Secretary of
Defense determines to conduct demonstration projects under this
subsection, the Secretary shall commence such demonstration
projects not later
[[Page 122 STAT. 135]]
than 180 days after the date of the enactment of this Act. The
demonstration projects shall be conducted for not less than 2
years.
(6) Evaluation.--The Secretary of Defense shall conduct an
evaluation of each demonstration project conducted under this
section. The evaluation shall include the following:
(A) An assessment of the extent to which the
activities under the demonstration project contributed
to positive outcomes for eligible dependents.
(B) An assessment of the extent to which the
activities under the demonstration project led to
improvements in services and continuity of care for
eligible dependents.
(C) An assessment of the extent to which the
activities under the demonstration project improved
military family readiness and enhanced military
retention.
(f) Relationship to Other Benefits.--Nothing in this section
precludes the eligibility of members of the Armed Forces and their
dependents for extended benefits under section 1079 of title 10, United
States Code.
(g) Reports.--
(1) Report identifying covered military installations.--As a
result of the assessment required by subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees, not later than December 31, 2008, a report
identifying those covered military installations that have
covered educational services and facilities available (on the
installation or in the vicinity of the installation) for
eligible dependents that provide special education and related
services consistent with the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(2) Reports on demonstration projects.--Not later than 30
months after the commencement of any demonstration project under
subsection (e), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the demonstration project. The
report shall include a description of the project, the results
of the evaluation under subsection (e)(6) with respect to the
project, and a description of plans for the further provision of
services for eligible dependents under the project.
(h) Covered Educational Services Plan.--After completing the
assessment required by subsection (a) and the report required by
subsection (g)(1), the Secretary of Defense shall develop a plan that
would ensure that all eligible dependents are able to obtain covered
educational services. In the event that eligible members are assigned to
military installations that are not identified in the report required by
subsection (g)(1), the plan should ensure that such eligible dependents
are still able to obtain covered educational services, including by the
use of authority granted to the Secretary under section 2164 of title
10, United States Code. The plan shall also include any legislative
actions that the Secretary recommends to implement the plan and describe
what funding or funding mechanisms may be needed to ensure eligible
dependents obtain covered educational services. <<NOTE: Deadline.>> The
Secretary shall submit the plan to the congressional defense committees
not later than July 1, 2009.
(i) Definitions.--In this section:
[[Page 122 STAT. 136]]
(1) The term ``autism'' refers to the Autism Spectrum
Disorders, which are developmental disabilities that cause
substantial impairments in the areas of social interaction,
emotional regulation, communication, and the integration of
higher-order cognitive processes and are often characterized by
the presence of unusual behaviors and interests. The term
includes autistic disorder, pervasive developmental disorder
(not otherwise specified), and Asperger's syndrome.
(2) The term ``child'' has the meaning given that term in
section 1072 of title 10, United States Code.
(3) The term ``covered military installation'' means a
military installation at which at least 1,000 members of the
Armed Forces are assigned who are eligible for an assignment
accompanied by dependents.
(4) The term ``eligible member'' means a member of the Armed
Forces who--
(A) has a dependent child who is diagnosed with
autism; and
(B) is enrolled in an Exceptional Family Member
Program of the Department of Defense.
(5) The term ``eligible dependent'' means a child of an
eligible member who is diagnosed with autism.
(6) 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)), except that
the term includes publicly financed schools in communities,
Department of Defense domestic dependent elementary and
secondary schools, and schools of the defense dependents'
education system.
(7) The term ``covered educational services'' includes
behavioral intervention services for autism, such as Applied
Behavioral Analysis.
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION IN PAYING
TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE FALLEN IN
THE SERVICE OF THE UNITED STATES.
(a) <<NOTE: Kaziah M. Hancock.>> Commendation.--Congress, on the
behalf of the people of the United States, commends Kaziah M. Hancock
and the 4 other volunteer professional portrait artists of the nonprofit
organization known as Project Compassion, as well as the entire Project
Compassion organization, for their ongoing efforts to provide, without
charge, to the family of each member of the Armed Forces who has died on
active duty since September 11, 2001, a museum-quality original oil
portrait of the member.
(b) Sense of Congress.--It is the sense of Congress that the people
of the United States owe the deepest gratitude to Kaziah M. Hancock and
the members of Project Compassion.
Subtitle I--Other Matters
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER
MUSICAL UNITS.
(a) In General.--
[[Page 122 STAT. 137]]
(1) Consolidation of separate authorities.--Chapter 49 of
title 10, United States Code, is amended by inserting after
section 973 the following new section:
``Sec. 974. Uniform performance policies for military bands and other
musical units
``(a) Restrictions on Competition and Remuneration.--Bands,
ensembles, choruses, or similar musical units of the armed forces,
including individual members of such a unit 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) Members Performing in Personal Capacity.--A member of a band,
ensemble, chorus, or similar musical unit of the armed forces may engage
in the performance of music in the member's personal capacity, as an
individual or part of a group, for remuneration or otherwise, if the
member--
``(1) does not wear a military uniform for the performance;
``(2) does not identify himself or herself as a member of
the armed forces in connection with the performance; and
``(3) complies with all other applicable regulations and
standards of conduct.
``(c) Recordings.--(1) When authorized pursuant to regulations
prescribed by the Secretary of Defense for purposes of this section,
bands, ensembles, choruses, or similar musical units of the armed forces
may produce recordings for distribution to the public, at a cost not to
exceed production and distribution expenses.
``(2) Amounts received in payment for recordings 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.
``(d) Performance of Music in Competition With Local Civilian
Musicians Defined.--(1) In this section, the term `performance of music
in competition with local civilian musicians' includes performances--
``(A) that are more than incidental to events that are not
supported solely by appropriated funds and are not free to the
public; and
``(B) of background, dinner, dance, or other social music at
events, regardless of location, that are not supported solely by
appropriated funds.
``(2) The term does not include performances--
``(A) at official Federal Government events that are
supported solely by appropriated funds;
``(B) at concerts, parades, and other events that are
patriotic events or celebrations of national holidays and are
free to the public; or
``(C) that are incidental, such as short performances of
military or patriotic music to open or close events, to events
that are not supported solely by appropriated funds, in
compliance with applicable rules and regulations.''.
[[Page 122 STAT. 138]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 973 the following new item:
``974. Uniform performance policies for military bands and other musical
units.''.
(b) Repeal of Separate Service Authorities.--
(1) Repeal.--Sections 3634, 6223, and 8634 of such title are
repealed.
(2) Table of sections.--(A) The table of sections at the
beginning of chapter 349 of such title is amended by striking
the item relating to section 3634.
(B) The table of sections at the beginning of chapter 565 of
such title is amended by striking the item relating to section
6223.
(C) The table of sections at the beginning of chapter 849 of
such title is amended by striking the item relating to section
8634.
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED
FORCES AND CERTAIN OTHER PERSONS.
Section 1482(a)(8) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``When transportation of
the remains includes transportation by aircraft under section 562 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned shall
provide, to the maximum extent practicable, for delivery of the remains
by air to the commercial, general aviation, or military airport nearest
to the place selected by the designee.''.
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE
UNDER STARBASE PROGRAM.
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''.
SEC. 593. 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) <<NOTE: Regulations. 10 USC 2601 note.>> 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. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF
UNIFORM DURING HOISTING, LOWERING, OR PASSING OF UNITED
STATES FLAG.
Section 9 of title 4, United States Code, is amended by striking
``all persons present'' and all that follows through the end of the
section and inserting the following: ``all persons present in uniform
should render the military salute. Members of the Armed Forces
[[Page 122 STAT. 139]]
and veterans who are present but not in uniform may render the military
salute. All other persons present should face the flag and stand at
attention with their right hand over the heart, or if applicable, remove
their headdress with their right hand and hold it at the left shoulder,
the hand being over the heart. Citizens of other countries present
should stand at attention. All such conduct toward the flag in a moving
column should be rendered at the moment the flag passes.''.
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR
EMPLOYER SUPPORT OF THE GUARD AND RESERVE.
Section 4332 of title 38, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (3), (4), (5), (6), and (7) respectively;
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The number of cases reviewed by the Secretary of
Defense under the National Committee for Employer Support of the
Guard and Reserve of the Department of Defense during the fiscal
year for which the report is made.''; and
(3) in paragraph (5), as so redesignated, by striking ``(2),
or (3)'' and inserting ``(2), (3), or (4)''.
SEC. 596. <<NOTE: 10 USC 1168 note.>> MODIFICATION OF CERTIFICATE OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214).
The Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, shall modify the Certificate of Release or Discharge
from Active Duty (DD Form 214) in order to permit a member of the Armed
Forces, upon discharge or release from active duty in the Armed Forces,
to elect that the DD-214 issued with regard to the member be forwarded
to the following:
(1) The Central Office of the Department of Veterans Affairs
in the District of Columbia.
(2) The appropriate office of the Department of Veterans
Affairs for the State or other locality in which the member will
first reside after such discharge or release.
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.
(a) Secretary of Defense Report on Administrative Separations Based
on Personality Disorder.--
(1) Report required.--Not later than April 1, 2008, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on all cases of administrative separation from the Armed Forces
of covered members of the Armed Forces on the basis of a
personality disorder.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement of the total number of cases, by
Armed Force, in which covered members of the Armed
Forces have been separated from the Armed Forces on the
basis of a personality disorder, and an identification
of the various forms of personality disorder forming the
basis for such separations.
(B) A statement of the total number of cases, by
Armed Force, in which covered members of the Armed
Forces
[[Page 122 STAT. 140]]
who have served in Iraq and Afghanistan since October
2001 have been separated from the Armed Forces on the
basis of a personality disorder, and the identification
of the various forms of personality disorder forming the
basis for such separations.
(C) A summary of the policies, by Armed Force,
controlling administrative separations of members of the
Armed Forces based on personality disorder, and an
evaluation of the adequacy of such policies for ensuring
that covered members of the Armed Forces who may be
eligible for disability evaluation due to mental health
conditions are not separated from the Armed Forces on
the basis of a personality disorder.
(D) A discussion of measures being implemented to
ensure that members of the Armed Forces who should be
evaluated for disability separation or retirement due to
mental health conditions are not processed for
separation from the Armed Forces on the basis of a
personality disorder, and recommendations regarding how
members of the Armed Forces who may have been so
separated from the Armed Forces should be provided with
expedited review by the applicable board for the
correction of military records.
(b) Comptroller General Report on Policies on Administrative
Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008, the
Comptroller General shall submit to Congress a report evaluating
the policies and procedures of the Department of Defense and of
the military departments relating to the separation of members
of the Armed Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1) shall--
(A) include an audit of a sampling of cases to
determine the validity and clinical efficacy of the
policies and procedures referred to in paragraph (1) and
the extent, if any, of the divergence between the terms
of such policies and procedures and the implementation
of such policies and procedures; and
(B) include a determination by the Comptroller
General of whether, and to what extent, the policies and
procedures referred to in paragraph (1)--
(i) deviate from standard clinical diagnostic
practices and current clinical standards; and
(ii) provide adequate safeguards aimed at
ensuring that members of the Armed Forces who
suffer from mental health conditions (including
depression, post-traumatic stress disorder, or
traumatic brain injury) resulting from service in
a combat zone are not separated from the Armed
Forces on the basis of a personality disorder.
(3) Alternative submission method.--In lieu of submitting a
separate report under this subsection, the Comptroller may
include the evaluation, audit and determination required by this
subsection as part of the study of mental health services
required by section 723 of the Ronald W. Reagan National
[[Page 122 STAT. 141]]
Defense Authorization Act of 2005 (Public Law 108-375; 118 Stat.
1989).
(c) Covered Member of the Armed Forces Defined.--In this section,
the term ``covered member of the Armed Forces'' includes the following:
(1) Any member of a regular component of the Armed Forces
who has served in Iraq or Afghanistan since October 2001.
(2) Any member of the Selected Reserve of the Ready Reserve
of the Armed Forces who served on active duty in Iraq or
Afghanistan since October 2001.
SEC. 598. <<NOTE: 10 USC 113 note.>> PROGRAM TO COMMEMORATE 50TH
ANNIVERSARY OF THE VIETNAM WAR.
(a) Commemorative Program Authorized.--The Secretary of Defense may
conduct a program to commemorate the 50th anniversary of the Vietnam
War. In conducting the commemorative program, the Secretary shall
coordinate, support, and facilitate other programs and activities of the
Federal Government, State and local governments, and other persons and
organizations in commemoration of the Vietnam War.
(b) Schedule.--The Secretary of Defense shall determine the schedule
of major events and priority of efforts for the commemorative program in
order to ensure achievement of the objectives specified in subsection
(c).
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Vietnam War,
including personnel who were held as prisoners of war or listed
as missing in action, for their service and sacrifice on behalf
of the United States and to thank and honor the families of
these veterans.
(2) To highlight the service of the Armed Forces during the
Vietnam War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(3) To pay tribute to the contributions made on the home
front by the people of the United States during the Vietnam War.
(4) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Vietnam War.
(5) To recognize the contributions and sacrifices made by
the allies of the United States during the Vietnam War.
(d) Names and Symbols.--The Secretary of Defense shall have the sole
and exclusive right to use the name ``The United States of America
Vietnam War Commemoration'', and such seal, emblems, and badges
incorporating such name as the Secretary may lawfully adopt. Nothing in
this section may be construed to supersede rights that are established
or vested before the date of the enactment of this Act.
(e) Commemorative Fund.--
(1) Establishment and administration.--If the Secretary
establishes the commemorative program under subsection (a), the
Secretary the Treasury shall establish in the Treasury of the
United States an account to be known as the ``Department
[[Page 122 STAT. 142]]
of Defense Vietnam War Commemoration Fund'' (in this section
referred to as the ``Fund''). The Fund shall be administered by
the Secretary of Defense.
(2) <<NOTE: Regulations.>> Use of fund.--The Secretary
shall use the assets of the Fund only for the purpose of
conducting the commemorative program and shall prescribe such
regulations regarding the use of the Fund as the Secretary
considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund--
(A) amounts appropriated to the Fund;
(B) proceeds derived from the Secretary's use of the
exclusive rights described in subsection (d);
(C) donations made in support of the commemorative
program by private and corporate donors; and
(D) funds transferred to the Fund by the Secretary
from funds appropriated for fiscal year 2008 and
subsequent years for the Department of Defense.
(4) Availability.--Subject to subsection (g)(2), amounts
deposited under paragraph (3) shall constitute the assets of the
Fund and remain available until expended.
(5) Budget request.--The Secretary of Defense may establish
a separate budget line for the commemorative program. In the
budget justification materials submitted by the Secretary in
support of the budget of the President for any fiscal year for
which the Secretary establishes the separate budget line, the
Secretary shall--
(A) identify and explain any amounts expended for
the commemorative program in the fiscal year preceding
the budget request;
(B) identify and explain the amounts being requested
to support the commemorative program for the fiscal year
of the budget request; and
(C) present a summary of the fiscal status of the
Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of
Defense shall prohibit the solicitation of any voluntary
services 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 the program.
(2) Reimbursement of incidental expenses.--The Secretary may
provide for reimbursement of incidental expenses incurred by a
person providing voluntary services under this subsection. The
Secretary shall determine which expenses are eligible for
reimbursement under this paragraph.
(g) Final Report.--
(1) Report required.--Not later than 60 days after the end
of the commemorative program, if established by the Secretary of
Defense under subsection (a), the Secretary shall submit to
Congress a report containing an accounting of--
(A) all of the funds deposited into and expended
from the Fund;
(B) any other funds expended under this section; and
(C) any unobligated funds remaining in the Fund.
[[Page 122 STAT. 143]]
(2) Treatment of unobligated funds.--Unobligated amounts
remaining in the Fund as of the end of the commemorative period
specified in subsection (b) shall be held in the Fund until
transferred by law.
(h) Limitation on Expenditures.--Total expenditures from the Fund,
using amounts appropriated to the Department of Defense, may not exceed
$5,000,000 for fiscal year 2008 or for any subsequent fiscal year to
carry out the commemorative program.
(i) Funding.--Of the amount authorized to be appropriated pursuant
to section 301(5) for Defense-wide activities, $1,000,000 shall be
available for deposit in the Fund for fiscal year 2008 if the Fund is
established under subsection (e).
SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND
ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY
GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND FOLLOWING
WORLD WAR II.
Congress hereby--
(1) recognizes the men and women who served in the
Monuments, Fine Arts, and Archives program (MFAA) under the
Civil Affairs and Military Government Sections of the United
States Armed Forces for their heroic role in the preservation,
protection, and restitution of monuments, works of art, and
other artifacts of inestimable cultural importance in Europe and
Asia during and following World War II;
(2) recognizes that without their dedication and service,
many more of the world's artistic and historic treasures would
have been destroyed or lost forever amidst the chaos and
destruction of World War II;
(3) acknowledges that the detailed catalogues,
documentation, inventories, and photographs developed and
compiled by MFAA personnel during and following World War II,
have made, and continue to make, possible the restitution of
stolen works of art to their rightful owners; and
(4) commends and extols the members of the MFAA for
establishing a precedent for action to protect cultural property
in the event of armed conflict, and by their action setting a
standard not just for one country, but for people of all nations
to acknowledge and uphold.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
[[Page 122 STAT. 144]]
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 610. Correction of lapsed authorities for payment of bonuses,
special pays, and similar benefits for members of the
uniformed services.
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.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and
veterans' disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. 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.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
[[Page 122 STAT. 145]]
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> FISCAL YEAR 2008 INCREASE IN
MILITARY BASIC PAY.
(a) Rescission of Prior Basic Pay Adjustment.--The adjustment made
as of January 1, 2008, pursuant to section 4 of Executive Order No.
13454 (issued January 4, 2008), in elements of compensation of members
of the uniformed services pursuant to section 1009 of title 37, United
States Code, is hereby rescinded in order to permit the 3.5 percent
increase in monthly basic pay for members of the uniformed services
required by subsection (b) to take effect as intended.
(b) <<NOTE: Effective date.>> Increase in Basic Pay.--Effective as
of January 1, 2008, the rates of monthly basic pay for members of the
uniformed services are increased by 3.5 percent.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS
WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING WHILE
MAINTAINING A PRIMARY RESIDENCE.
(a) Availability of Allowance.--Section 403(g)(1) of title 37,
United States Code, is amended--
(1) by inserting ``to attend accession training,'' after
``active duty'' the first place it appears; and
(2) by inserting a comma after ``contingency operation'' the
first place it appears.
(b) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendments made
by subsection (a) shall apply with respect to months beginning on or
after the date of the enactment of this Act.
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING
EXPENSES FOR MEMBERS OF THE ARMED FORCES IN AREAS SUBJECT TO
MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS EXPERIENCING
SUDDEN INCREASE IN PERSONNEL LEVELS.
(a) Maximum Period of Receipt of Expenses.--Section 404a(c)(3) of
title 37, United States Code, is amended by striking ``20 days'' and
inserting ``60 days''.
(b) Extension of Authority for Increase in Certain BAH.--Section
403(b)(7)(E) of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE
DUTY SERVICE.
(a) Clarification Regarding When Payments Required.--Subsection (a)
of section 910 of title 37, United States Code, is amended by inserting
before the period at the end of the first
[[Page 122 STAT. 146]]
sentence the following: ``, when the total monthly military compensation
of the member is less than the average monthly civilian income of the
member''.
(b) Eligibility.--Subsection (b) of such section is amended to read
as follows:
``(b) Eligibility.--(1) A member of a reserve component is entitled
to a payment under this section for any full month of active duty of the
member, when the total monthly military compensation of the member is
less than the average monthly civilian income of the member, while the
member is on active duty under an involuntary mobilization order,
following the date on which the member--
``(A) completes 547 continuous days of service on active
duty under an involuntary mobilization order;
``(B) completes 730 cumulative days on active duty under an
involuntary mobilization 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 after the date
of the member's separation from a previous period of active duty
for a period of 180 days or more.
``(2) The entitlement of a member of a reserve component to a
payment under this section also shall commence or, if previously
commenced under paragraph (1), shall continue if the member--
``(A) satisfies the required number of days on active duty
specified in subparagraph (A) or (B) of paragraph (1) or was
involuntarily mobilized as provided in subparagraph (C) of such
paragraph; and
``(B) is 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 the member was assigned to
duty in an area for which special pay under section 310 of this
title is available.''.
(c) Termination of Authority.--Subsection (g) of such section is
amended to read as follows:
``(g) Termination.--No payment shall be made to a member under this
section for months beginning after December 31, 2008, unless the
entitlement of the member to payments under this section commenced on or
before that date.''.
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS OF
THE UNIFORMED SERVICES PARTICIPATING IN THRIFT SAVINGS PLAN.
(a) Semi-Monthly Deposit of Member's Contributions.--Section 1014 of
title 37, United States Code, is amended by adding at the end the
following new subsection:
``(c) With respect to a member of the uniformed services who has
elected to participate in the Thrift Savings Plan under section 211 of
this title, subsection (a) does not preclude the payment 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 may be deposited in the Thrift Savings Fund at midmonth.''.
(b) Semi-Monthly Repayment of Borrowed Amounts.--Section 211 of such
title is amended by adding at the end the following new subsection:
[[Page 122 STAT. 147]]
``(e) Repayment of Amounts Borrowed From Member Account.--If a loan
is issued to a member under section 8433(g) of title 5 from funds in the
member's account in the Thrift Savings Plan, repayment of the loan may
be required on the same semi-monthly basis as authorized for
contributions to the Thrift Savings Fund on behalf of the member under
section 1014(c) of this title.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 610. <<NOTE: 10 USC 2130a note.>> CORRECTION OF LAPSED AUTHORITIES
FOR PAYMENT OF BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS
FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Retroactive Effective Date for Payment Authorities.--The
amendments made by sections 611, 612, 613, and 614 shall take effect as
of December 31, 2007.
(b) Ratification of Existing Contingent Agreements.--In the case of
a provision of title 10 or 37, United States Code, amended by section
611, 612, 613, or 614 under which an individual must enter into an
agreement with the Secretary concerned for receipt of a bonus, special
pay, or similar benefit, the Secretary concerned may treat any agreement
entered into under such a provision during the period beginning on
January 1, 2008, and ending on the date of the enactment of this Act as
having taken effect as of the date on which the agreement was signed by
the individual.
(c) Temporary Additional Agreement Authority.--
(1) Authority.--In the case of a provision of title 10 or
37, United States Code, amended by section 611, 612, 613, or 614
under which an individual must enter into an agreement with the
Secretary concerned for receipt of a bonus, special pay, or
similar benefit, the Secretary concerned, during the 120-day
period beginning on the date of the enactment of this Act, may
treat any agreement entered into under such a provision by an
individual described in paragraph (2) as having been signed by
the individual during the period beginning on January 1, 2008,
and ending on the date of the enactment of this Act.
(2) Covered individuals.--An individual referred to in
paragraph (1) is an individual who would have met all of the
qualifications for a bonus, special pay, or similar benefit
under a provision of title 10 or 37, United States Code, amended
by section 611, 612, 613, or 614 at any time during the period
beginning on January 1, 2008, and ending on the date of the
enactment of this Act, but for the fact that the statutory
authority for the bonus, special pay, or similar benefit lapsed
on December 31, 2007.
(d) Tax Treatment.--The payment of a bonus, special pay, or similar
benefit under a provision of title 10 or 37, United States Code, amended
by section 611, 612, 613, or 614 to an individual who would have been
entitled to the tax treatment accorded by section 112 of the Internal
Revenue Code of 1986 on the date on which the member would have
otherwise earned the bonus, special pay, or similar benefit, but for the
fact that the statutory authority for the bonus, special pay, or similar
benefit lapsed on
[[Page 122 STAT. 148]]
December 31, 2007, shall be treated as covered by such section 112.
(e) Retroactive Implementation of Army Referral Bonus.--The
Secretary of the Army may pay a bonus under section 3252 of title 10,
United States Code, as added by section 671(a)(1), to an individual
referred to in subsection (a)(2) of such section 3252 who made a
referral, as described in subsection (b) of such section 3252, to an
Army recruiter during the period beginning on January 1, 2008, and
ending on the date of the enactment of this Act.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(5) of title 37, United States Code.
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''.
(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''.
[[Page 122 STAT. 149]]
(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''.
(h) Prohibition on Charges for Meals Received at Military Treatment
Facilities by Members Receiving Continuous Care.--Section 402(h)(3) of
such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
[[Page 122 STAT. 150]]
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS.
(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 title 37,
United States Code, is amended by striking ``$50,000'' and inserting
``$75,000''.
(c) <<NOTE: 37 USC 301d note.>> Effective Date.--The amendments
made by this section shall apply with respect to agreements entered into
under section 301d(a) or 302b(c) of title 37, United States Code, on or
after the date of the enactment of this Act.
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) <<NOTE: 37 USC 302b note.>> Effective Date.--The amendments
made by this section shall apply with respect to agreements entered into
under section 302b(b) of title 37, United States Code, on or after the
date of the enactment of this Act.
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND
AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP SUM.
Section 305 of title 37, United States Code, is amended to read as
follows:
``Sec. 305. Special pay: hardship duty pay
``(a) Special Pay Authorized.--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 monthly rate of special pay
payable to a member under this section may not exceed $1,500.
``(2) The amount of the lump sum payment of special pay payable to a
member under this section may not exceed the product of--
``(A) the maximum monthly rate in effect under paragraph (1)
at the time the member qualifies for payment of special pay
under this section; and
``(B) the number of months during which the member will be
performing the designated hardship duty.
``(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.
[[Page 122 STAT. 151]]
``(e) Repayment.--A member who is paid special pay in a lump sum
under this section, but who fails to perform the designated hardship
duty during the months included in the calculation of the amount of the
lump sum under subsection (c)(2), 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 monthly rates at which the special pay will be
available.''.
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE
AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.
Section 305a(e)(1)(A) of title 37, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii); 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''.
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
(a) Minimum Term of Reenlistment or Enlistment Extension.--
Subsection (a)(2) of 308b of title 37, United States Code, is amended by
striking ``his enlistment for a period of three years or for a period of
six years'' and inserting ``an enlistment for a period of at least three
years''.
(b) Maximum Bonus Amount.--Subsection (b)(1) of such section is
amended by striking ``may not exceed'' and all that follows through the
end of the paragraph and inserting ``may not exceed $15,000.''.
(c) Conforming Amendments Regarding Eligibility Requirements.--
Subsection (c) of such section is amended--
(1) by striking the subsection heading and all that follows
through ``(2) In the case'' and inserting ``Waiver of Condition
on Eligibility.--In the case''; and
(2) by striking ``paragraph (1)(B) or''.
(d) <<NOTE: 37 USC 308b note.>> Effective Date.--The amendments
made by this section shall apply with respect to reenlistments or
extensions of enlistment that occur on or after the date of the
enactment of this Act.
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS
WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A SHORT
PERIOD.
Section 308c(c)(1) of title 37, United States Code, is amended by
inserting before the semicolon the following: ``or has served in the
armed forces, but was released from such service before completing the
basic training requirements of the armed force of which the person was a
member and the service was characterized as either honorable or
uncharacterized''.
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS
WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE.
(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
[[Page 122 STAT. 152]]
(2) in subsection (e)(1), by striking ``the end of 26 years
of commissioned service'' and inserting ``the maximum number of
years of commissioned service authorized by subsection (a)(3)''.
(b) <<NOTE: 37 USC 312 note.>> Effect on Existing Agreements.--The
Secretary of the Navy and an officer of the naval service who is a party
to an agreement under section 312 of title 37, United States Code, that
was entered into before the date of the enactment of this Act may revise
the agreement to reflect the new limitation on the number of years of
commissioned service that the officer may serve while remaining eligible
for special pay under such section.
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL
SKILLS RETENTION BONUS.
Section 323(e) of title 37, United States Code, is amended by adding
at the end the following new paragraph:
``(4) The Secretary of Defense, or the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, may waive the limitations in paragraph (1) with
respect to a member who, during the period of active duty or service in
an active status in a reserve component for which the bonus is being
offered, is assigned duties in a skill designated as critical under
subsection (b)(1). The authority to grant a waiver under this paragraph
may not be delegated below the Under Secretary of Defense for Personnel
and Readiness or the Deputy Secretary of the Department of Homeland
Security.''.
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Accession Bonus Authorized.--Subchapter I of chapter 105 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2128. Accession bonus for members of the program
``(a) Availability of Bonus.--The Secretary of Defense may offer a
person who enters into an agreement under section 2122(a)(2) of this
title an accession bonus of not more than $20,000 as part of the
agreement.
``(b) Relation to Other Payments.--An accession bonus paid a person
under this section is in addition to any other amounts payable to the
person under this subchapter.
``(c) Repayment.--A person who receives an accession bonus under
this section, but fails to comply with the agreement under section
2122(a)(2) of this title or to commence or complete the active duty
obligation imposed by section 2123 of this title, shall be subject to
the repayment provisions of section 303a(e) of title 37.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2128. Accession bonus for members of the program.''.
(c) <<NOTE: 10 USC 2128 note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to agreements entered into
under section 2122(a)(2) of title 10, United States Code, on or after
the date of the enactment of this Act.
[[Page 122 STAT. 153]]
SEC. 624. <<NOTE: 37 USC 307a note.>> PAYMENT OF ASSIGNMENT INCENTIVE
PAY FOR RESERVE MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN
22 MONTHS.
(a) Payment.--The Secretary of a military department may pay
assignment incentive pay under section 307a of title 37, United States
Code, to a member of a reserve component under the jurisdiction of the
Secretary for each month during the eligibility period of the member
determined under subsection (b) during which the member served for any
portion of the month in a combat zone associated with Operating Enduring
Freedom or Operation Iraqi Freedom in excess of 22 months of qualifying
service.
(b) Eligibility Period.--The eligibility period for a member extends
from January 1, 2005, through the end of the active duty service of the
member in a combat zone associated with Operating Enduring Freedom or
Operation Iraqi Freedom if the service on active duty during the
member's most recent period of mobilization to active duty began before
January 19, 2007.
(c) Amount of Payment.--The monthly rate of incentive pay payable to
a member under this section is $1,000.
(d) Qualifying Service.--For purposes of this section, qualifying
service includes cumulative mobilized service on active duty under
sections 12301(d), 12302, and 12304 of title 10, United States Code,
during the period beginning on January 1, 2003, through the end of the
member's active duty service during the member's most recent period of
mobilization to active duty beginning before January 19, 2007.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN
SELECTED RESERVE MEMBERS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--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 outside of normal commuting distances
``(a) Allowance Authorized.--The Secretary concerned may reimburse
an eligible member of the Selected Reserve of the Ready Reserve for
travel expenses for travel to an inactive duty training location to
perform inactive duty training when the member is required to commute a
distance from the member's permanent residence to the inactive duty
training location that is outside the normal commuting distance (as
determined under the regulations prescribed under subsection (d)) for
that commute.
``(b) Eligible Members.--To be eligible for reimbursement under
subsection (a), a member of the Selected Reserve of the Ready Reserve
must be--
``(1) qualified in a skill designated as critically short by
the Secretary concerned;
``(2) assigned to a unit of the Selected Reserve with a
critical manpower shortage or in a pay grade in the member's
reserve component with a critical manpower shortage; or
[[Page 122 STAT. 154]]
``(3) assigned to a unit or position that is disestablished
or relocated as a result of defense base closure or realignment
or another force structure reallocation.
``(c) Maximum Reimbursement Amount.--The amount of reimbursement
provided a member under subsection (a) for each round trip to a training
location may not exceed $300.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.
``(e) Termination.--No reimbursement may be provided under this
section for travel that occurs after December 31, 2010.''.
(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 408 the following new item:
``408a. Travel and transportation allowances: inactive duty training
outside of normal commuting distances.''.
(b) <<NOTE: 37 USC 408a note.>> Application of Amendment.--No
reimbursement may be provided under section 408a of title 37, United
States Code, as added by subsection (a), for travel costs incurred
before the date of the enactment of this Act.
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR TRANSPORTATION TO
ATTEND BURIAL CEREMONIES.
(a) Eligible Relatives.--Paragraph (1) of section 411f(c) of title
37, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) The child or children of the deceased member
(including stepchildren, adopted children, and illegitimate
children).''; and
(2) by adding at the end the following new subparagraphs:
``(D) The sibling or siblings of the deceased member.
``(E) The person who directs the disposition of the remains
of the deceased member under section 1482(c) of title 10 or, in
the case of a deceased member whose remains are commingled and
buried in a common grave in a national cemetery, the person who
would have been designated under such section to direct the
disposition of the remains if individual identification had been
made.''.
(b) Other Persons.--Paragraph (2) of such section is amended to read
as follows:
``(2) If no person described in subparagraphs (A) through (D) of
paragraph (1) is provided travel and transportation allowances under
subsection (a)(1), the travel and transportation allowances may be
provided to one or two other persons who are closely related to the
deceased member and are selected by the person referred to in paragraph
(1)(E). A person provided travel and transportation allowances under
this paragraph is in addition to the person referred to in paragraph
(1)(E).''.
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC
SCREENING.
(a) Allowance for Participation in Electronic Screening.--
[[Page 122 STAT. 155]]
(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) <<NOTE: Regulations.>> 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. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED
FORCES TRAVELING IN CONNECTION WITH MEDICAL EVACUATION.
Section 1047(a) of title 10, United States Code, is amended by
inserting ``and luggage'' after ``civilian clothing'' both places it
appears.
SEC. 635. 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:
[[Page 122 STAT. 156]]
``(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 a Junior Reserve
Officers' Training Corps instructor for moving expenses incurred by the
instructor to accept employment at the institution in a position that
the Secretary concerned determines is hard-to-fill for geographic or
economic reasons.
``(2) As a condition on providing reimbursement under paragraph (1),
the institution shall require the instructor to execute a written
agreement to serve a minimum of two years of employment at the
institution in the hard-to-fill position.
``(3) Any reimbursement provided to an instructor under paragraph
(1) is in addition to the minimum instructor pay otherwise payable to
the instructor.
``(4) The Secretary concerned shall reimburse an institution
providing reimbursement to an instructor under paragraph (1) in an
amount equal to the amount of the reimbursement paid by the institution
under that paragraph. Any reimbursement provided by the Secretary
concerned shall be provided from funds appropriated for that purpose.
``(5) The provision of reimbursement under paragraph (1) or (4)
shall be subject to regulations prescribed by the Secretary of Defense
for purposes of this subsection.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.
(a) Expanded Eligibility for Chapter 61 Military Retirees.--
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 striking ``In the case of'' and inserting the
following:
``(A) General rule.--In the case of''; 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 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) <<NOTE: Applicability. 10 USC 1413a note.>> 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.
[[Page 122 STAT. 157]]
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER
TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY
AND VETERANS' DISABILITY COMPENSATION.
(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, United
States Code, is amended by striking ``except that'' and all that follows
and inserting ``except that payment of retired pay is subject to
subsection (c) only during the period beginning on January 1, 2004, and
ending on December 31, 2004, in the case of the following:
``(A) A qualified retiree receiving veterans'
disability compensation for a disability rated as 100
percent.
``(B) A qualified retiree receiving veterans'
disability compensation at the rate payable for a 100
percent disability by reason of a determination of
individual unemployability.''.
(b) <<NOTE: 10 USC 1414 note.>> Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) shall take effect as of December 31,
2004.
(2) Timing of payment of retroactive benefits.--Any amount
payable for a period before October 1, 2008, by reason of the
amendment made by subsection (a) shall not be paid until after
that date.
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO
OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Limitation on Recoupment; Notification Requirements.--Section
1450(c) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) Limitation on recoupment of offset amount.--Any amount
subject to offset under this subsection that was previously paid
to the surviving spouse or former spouse shall be recouped only
to the extent that the amount paid exceeds any amount to be
refunded under subsection (e). In notifying a surviving spouse
or former spouse of the recoupment requirement, the Secretary
shall provide the spouse or former spouse--
``(A) a single notice of the net amount to be
recouped or the net amount to be refunded, as
applicable, under this subsection or subsection (e);
``(B) a written explanation of the statutory
requirements for recoupment of the offset amount and for
refund of any applicable amount deducted from retired
pay;
``(C) a detailed accounting of how the offset amount
being recouped and retired pay deduction amount being
refunded were calculated; and
``(D) contact information for a person who can
provide information about the offset recoupment and
retired pay deduction refund processes and answer
questions the surviving spouse or former spouse may have
about the requirements, processes, or amounts.''.
(b) <<NOTE: 10 USC 1450 note.>> Application.--Paragraph (3) of
subsection (c) of section 1450 of title 10, United States Code, as added
by subsection (a), shall apply with respect to the recoupment on or
after April 1, 2008, of amounts subject to offset under such subsection.
[[Page 122 STAT. 158]]
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY
REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY
AND INDEMNITY COMPENSATION.
Section 1450 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(m) Special Survivor Indemnity Allowance.--
``(1) Provision of allowance.--The Secretary concerned shall
pay a monthly special survivor indemnity allowance under this
subsection to the surviving spouse or former spouse of a member
of the uniformed services to whom section 1448 of this title
applies if--
``(A) the surviving spouse or former spouse is
entitled to dependency and indemnity compensation under
section 1311(a) of title 38;
``(B) except for subsection (c) of this section, the
surviving spouse or former spouse is eligible for an
annuity by reason of a participant in the Plan under
section 1448(a)(1) of this title; and
``(C) the eligibility of the surviving spouse or
former spouse for an annuity as described in
subparagraph (B) is affected by subsection (c) of this
section.
``(2) Amount of payment.--Subject to paragraph (3), the
amount of the allowance paid to an eligible survivor under
paragraph (1) for a month shall be equal to--
``(A) for months during fiscal year 2009, $50;
``(B) for months during fiscal year 2010, $60;
``(C) for months during fiscal year 2011, $70;
``(D) for months during fiscal year 2012, $80;
``(E) for months during fiscal year 2013, $90; and
``(F) for months after fiscal year 2013, $100.
``(3) Limitation.--The amount of the allowance paid to an
eligible survivor under paragraph (1) for any month may not
exceed the amount of the annuity for that month that is subject
to offset under subsection (c).
``(4) Status of payments.--An allowance paid under this
subsection does not constitute an annuity, and amounts so paid
are not subject to adjustment under any other provision of law.
``(5) Source of funds.--The special survivor indemnity
allowance shall be paid from amounts in the Department of
Defense Military Retirement Fund established under section 1461
of this title.
``(6) <<NOTE: Applicability.>> Effective date and
duration.--This subsection shall only apply with respect to the
month beginning on October 1, 2008, and subsequent months
through the month ending on February 28,
2016. <<NOTE: Termination date.>> Effective on March 1, 2016,
the authority provided by this subsection shall terminate. No
special survivor indemnity allowance may be paid to any person
by reason of this subsection for any period before October 1,
2008, or beginning on or after March 1, 2016.''.
SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED FORCES TO
DESIGNATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY.
(a) Authority to Designate Recipients.--Section 1477 of title 10,
United States Code, is amended--
[[Page 122 STAT. 159]]
(1) by striking subsections (c) and (d);
(2) by redesignating subsection (b) as subsection (d) and,
in such subsection, by striking ``Subsection (a)(2)'' and
inserting ``Treatment of Children.--Subsection (b)(2)''; and
(3) by striking subsection (a) and inserting the following
new subsections:
``(a) Designation of Recipients.--(1) On and after July 1, 2008, or
such earlier date as the Secretary of Defense may prescribe, a person
covered by section 1475 or 1476 of this title may designate one or more
persons to receive all or a portion of the amount payable under section
1478 of this title. The designation of a person to receive a portion of
the amount shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may receive.
The balance of the amount of the death gratuity, if any, shall be paid
in accordance with subsection (b).
``(2) <<NOTE: Notification.>> If a person covered by section 1475
or 1476 of this title has a spouse, but designates a person other than
the spouse to receive all or a portion of the amount payable under
section 1478 of this title, the Secretary concerned shall provide notice
of the designation to the spouse.
``(b) Distribution of Remainder; Distribution in Absence of
Designated Recipient.--If a person covered by section 1475 or 1476 of
this title does not make a designation under subsection (a) or
designates only a portion of the amount payable under section 1478 of
this title, the amount of the death gratuity not covered by a
designation shall be paid as follows:
``(1) To the surviving spouse of the person, if any.
``(2) If there is no surviving spouse, to any surviving
children (as prescribed by subsection (d)) of the person and the
descendants of any deceased children by representation.
``(3) If there is none of the above, to the surviving
parents (as prescribed by subsection (c)) of the person or the
survivor of them.
``(4) If there is none of the above, to the duly-appointed
executor or administrator of the estate of the person.
``(5) 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.
``(c) Treatment of Parents.--For purposes of subsection (b)(3),
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.''.
(b) Clerical and Conforming Amendments.--Subsection (e) of such
section is amended--
(1) by inserting ``Effect of Death Before Receipt of
Gratuity.--'' after ``(e)'';
(2) by striking ``subsection (a) or (d)'' and inserting
``subsection (a) or (b)''; and
(3) by striking ``subsection (a).'' and inserting
``subsection (b)''.
(c) <<NOTE: Termination date. 10 USC 1477 note.>> Existing
Designation Authority.--The authority provided by subsection (d) of
section 1477 of title 10, United States Code, as in effect on the day
before the date of the enactment of this
[[Page 122 STAT. 160]]
Act, shall remain available to persons covered by section 1475 or 1476
of such title until July 1, 2008, or such earlier date as the Secretary
of Defense may prescribe, and any designation under such subsection made
before July 1, 2008, or the earlier date prescribed by the Secretary,
shall continue in effect until such time as the person who made the
designation makes a new designation under such section 1477, as amended
by subsection (a) of this section.
(d) <<NOTE: 10 USC 1477 note.>> Regulations.--
(1) In general.--Not <<NOTE: Deadline.>> later than April
1, 2008, 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 subsection (a) of section 1477 of title 10,
United States Code, as amended by subsection (a) of this
section, and instructions for members of the Armed Forces in the
filling out of such forms.
SEC. 646. 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 the member 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) <<NOTE: Applicability. 10 USC 1402 note.>> Effective Date.--The
amendments made by subsections (a) and (b) shall take effect as of
January 1, 2007, and shall apply with respect to retired pay and
retainer pay payable on or after that date.
SEC. 647. 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 the National Defense
Authorization Act for Fiscal Year 2008, 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
[[Page 122 STAT. 161]]
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) <<NOTE: President.>> 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) <<NOTE: 10 USC 12731 note.>> 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.
SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF RETIRED PAY
FOR NON-REGULAR SERVICE.
Section 12733(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``before the year of service that includes October 30,
2007; and''; and
(3) by adding at the end the following new subparagraph:
``(D) 130 days in the year of service that includes
October 30, 2007, and in any subsequent year of
service.''.
[[Page 122 STAT. 162]]
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR
CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE ARMED FORCES.
(a) Resumption for Members Involuntarily Separated From Active
Duty.--Section 1146 of title 10, United States Code, is amended--
(1) by inserting ``(a) Members Involuntarily Separated From
Active Duty.--'' before ``The Secretary of Defense'';
(2) in the first sentence, by striking ``October 1, 1990,
and ending on December 31, 2001'' and inserting ``October 1,
2007, and ending on December 31, 2012''; and
(3) in the second sentence, by striking ``the period
beginning on October 1, 1994, and ending on December 31, 2001''
and inserting ``the same period''.
(b) Extension to Members Involuntarily Separated From Selected
Reserve.--Such section is further amended by adding at the end the
following new subsection:
``(b) Members Involuntarily Separated From Selected Reserve.--
The <<NOTE: Regulations.>> Secretary of Defense shall prescribe
regulations to allow a member of the Selected Reserve of the Ready
Reserve who is involuntarily separated from the Selected Reserve as a
result of the exercise of the force shaping authority of the Secretary
concerned under section 647 of this title or other force shaping
authority during the period beginning on October 1, 2007, and ending on
December 31, 2012, to continue to use commissary and exchange stores
during the two-year period beginning on the date of the involuntary
separation of the member in the same manner as a member on active duty.
The Secretary of Homeland Security shall implement this provision for
Coast Guard members involuntarily separated during the same period.''.
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO COLLECT
INDEBTEDNESS TO THE UNITED STATES.
Section 5514 of title 5, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``any nonappropriated
fund instrumentality described in section 2105(c) of this
title,'' after ``Commission,''; and
(2) by adding at the end the following new subsection:
``(e) An employee of a nonappropriated fund instrumentality
described in section 2105(c) of this title is deemed an employee covered
by this section.''.
[[Page 122 STAT. 163]]
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Consolidation.--Chapter 5 of title 37, United States Code, is
amended--
(1) by inserting before section 301 the following subchapter
heading:
``SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES'';
and
(2) by adding at the end the following new subchapters:
``SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES
``Sec. 331. General bonus authority for enlisted members
``(a) Authority to Provide Bonus.--The Secretary concerned may pay a
bonus under this section to a person, including a member of the armed
forces, who--
``(1) enlists in an armed force;
``(2) enlists in or affiliates with a reserve component of
an armed force;
``(3) reenlists, voluntarily extends an enlistment, or
otherwise agrees to serve--
``(A) for a specified period in a designated career
field, skill, or unit of an armed force; or
``(B) under other conditions of service in an armed
force;
``(4) transfers from a regular component of an armed force
to a reserve component of that same armed force or from a
reserve component of an armed force to the regular component of
that same armed force; or
``(5) transfers from a regular component or reserve
component of an armed force to a regular component or reserve
component of another armed force, subject to the approval of the
Secretary with jurisdiction over the armed force to which the
member is transferring.
``(b) Service Eligibility.--A bonus authorized by subsection (a) may
be paid to a person or member only if the person or member agrees under
subsection (d)--
``(1) to serve for a specified period in a designated career
field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of service
imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus to be paid under this section,
except that--
``(A) a bonus paid under paragraph (1) or (2) of
subsection (a) may not exceed $50,000 for a minimum two-
year period of obligated service agreed to under
subsection (d);
[[Page 122 STAT. 164]]
``(B) a bonus paid under paragraph (3) of subsection
(a) may not exceed $30,000 for each year of obligated
service in a regular component agreed to under
subsection (d);
``(C) a bonus paid under paragraph (3) of subsection
(a) may not exceed $15,000 for each year of obligated
service in a reserve component agreed to under
subsection (d); and
``(D) a bonus paid under paragraph (4) or (5) of
subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d),
the total amount of the bonus to be paid under the agreement
shall be fixed.
``(d) Written Agreement.--To receive a bonus under this section, a
person or member determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--A bonus paid to a
person or member under this section is in addition to any other pay and
allowance to which the person or member is entitled.
``(f) Relationship to Prohibition on Bounties.--A bonus authorized
under this section is not a bounty for purposes of section 514(a) of
title 10.
``(g) Repayment.--A person or member who receives a bonus under this
section and who fails to complete the period of service, or meet the
conditions of service, for which the bonus is paid, as specified in the
written agreement under subsection (d), shall be subject to the
repayment provisions of section 373 of this title.
``(h) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``Sec. 332. General bonus authority for officers
``(a) Authority To Provide Bonus.--The Secretary concerned may pay a
bonus under this section to a person, including an officer in the
uniformed services, who--
``(1) accepts a commission or appointment as an officer in a
uniformed service;
``(2) affiliates with a reserve component of a uniformed
service;
``(3) agrees to remain on active duty or to serve in an
active status for a specific period as an officer in a uniformed
service;
``(4) transfers from a regular component of a uniformed
service to a reserve component of that same uniformed service or
from a reserve component of a uniformed service to the regular
component of that same uniformed service; or
[[Page 122 STAT. 165]]
``(5) transfers from a regular component or reserve
component of a uniformed service to a regular component or
reserve component of another uniformed service, subject to the
approval of the Secretary with jurisdiction over the uniformed
service to which the member is transferring.
``(b) Service Eligibility.--A bonus authorized by subsection (a) may
be paid to a person or officer only if the person or officer agrees
under subsection (d)--
``(1) to serve for a specified period in a designated career
field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of service
imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus to be paid under this section,
except that--
``(A) a bonus paid under paragraph (1) of subsection
(a) may not exceed $60,000 for a minimum three-year
period of obligated service agreed to under subsection
(d);
``(B) a bonus paid under paragraph (2) of subsection
(a) may not exceed $12,000 for a minimum three-year
period of obligated service agreed to under subsection
(d);
``(C) a bonus paid under paragraph (3) of subsection
(a) may not exceed $50,000 for each year of obligated
service in a regular component agreed to under
subsection (d);
``(D) a bonus paid under paragraph (3) of subsection
(a) may not exceed $12,000 for each year of obligated
service in a reserve component agreed to under
subsection (d); and
``(E) a bonus paid under paragraph (4) or (5) of
subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d),
the total amount of the bonus to be paid under the agreement
shall be fixed.
``(d) Written Agreement.--To receive a bonus under this section, a
person or officer determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--The bonus paid to a
person or officer under this section is in addition to any other pay and
allowance to which the person or officer is entitled.
``(f) Repayment.--A person or officer who receives a bonus under
this section and who fails to complete the period of service, or meet
the conditions of service, for which the bonus is paid, as specified in
the written agreement under subsection (d), shall be subject to the
repayment provisions of section 373 of this title.
[[Page 122 STAT. 166]]
``(g) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``Sec. 333. Special bonus and incentive pay authorities for nuclear
officers
``(a) Nuclear Officer Bonus.--The Secretary of the Navy may pay a
nuclear officer bonus under this section to a person, including an
officer in the Navy, who--
``(1) is selected for the officer naval nuclear power
training program in connection with the supervision, operation,
and maintenance of naval nuclear propulsion plants and agrees to
serve, upon completion of such training, on active duty in
connection with the supervision, operation, and maintenance of
naval nuclear propulsion plants; or
``(2) has the current technical and operational
qualification for duty in connection with the supervision,
operation, and maintenance of naval nuclear propulsion plants
and agrees to remain on active duty in connection with the
supervision, operation, and maintenance of naval nuclear
propulsion plants.
``(b) Nuclear Officer Incentive Pay.--The Secretary of the Navy may
pay nuclear officer incentive pay under this section to an officer in
the Navy who--
``(1) is entitled to basic pay under section 204 of this
title; and
``(2) remains on active duty for a specified period while
maintaining current technical and operational qualifications, as
approved by the Secretary, for duty in connection with the
supervision, operation, and maintenance of naval nuclear
propulsion plants.
``(c) Additional Eligibility Criteria.--The Secretary of the Navy
may impose such additional criteria for the receipt of a nuclear officer
bonus or nuclear officer incentive pay under this section as the
Secretary determines to be appropriate.
``(d) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary of the Navy shall
determine the amounts of a nuclear officer bonus or nuclear
officer incentive pay to be paid under this section, except
that--
``(A) a nuclear officer bonus paid under subsection
(a) may not exceed $35,000 for each 12-month period of
the agreement under subsection (e); and
``(B) the amount of nuclear officer incentive paid
under subsection (b) may not exceed $25,000 for each 12-
month period of qualifying service.
``(2) Lump sum or installments.--A nuclear officer bonus or
nuclear officer incentive pay under this section may be paid in
a lump sum or in periodic installments.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (e),
the total amount of the nuclear officer bonus to be paid under
the agreement shall be fixed.
``(e) Written Agreement for Bonus.--
``(1) Agreement required.--To receive a nuclear officer
bonus under subsection (a), a person or officer determined to be
eligible for the bonus shall enter into a written agreement with
the Secretary of the Navy that specifies--
``(A) the amount of the bonus;
[[Page 122 STAT. 167]]
``(B) the method of payment of the bonus under
subsection (d)(2);
``(C) the period of obligated service; and
``(D) the type or conditions of the service.
``(2) Replacement agreement.--An officer who is performing
obligated service under an agreement for a nuclear officer bonus
may execute a new agreement to replace the existing agreement if
the amount to be paid under the new agreement will be higher
than the amount to be paid under the existing agreement. The
period of the new agreement shall be equal to or exceed the
remaining term of the period of the officer's existing
agreement. If a new agreement is executed under this paragraph,
the existing agreement shall be cancelled, effective on the day
before an anniversary date of the existing agreement occurring
after the date on which the amount to be paid under this
paragraph is increased.
``(f) Relationship to Other Pay and Allowances.--A nuclear officer
bonus or nuclear officer incentive pay paid to a person or officer under
this section is in addition to any other pay and allowance to which the
person or officer is entitled, except that a person or officer may not
receive a payment under this section and section 332 or 353 of this
title for the same skill and period of service.
``(g) Repayment.--A person or officer who receives a nuclear officer
bonus or nuclear officer incentive pay under this section and who fails
to complete the officer naval nuclear power training program, maintain
required technical and operational qualifications, complete the period
of service, or meet the types or conditions of service for which the
bonus or incentive pay is paid, as specified in the written agreement
under subsection (e) in the case of a nuclear officer bonus, shall be
subject to the repayment provisions of section 373 of this title.
``(h) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of the Navy.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``Sec. 334. Special aviation incentive pay and bonus authorities for
officers
``(a) Aviation Incentive Pay.--The Secretary concerned may pay
aviation incentive pay under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title;
``(2) maintains, or is in training leading to, an
aeronautical rating or designation that qualifies the officer to
engage in operational flying duty or proficiency flying duty;
``(3) engages in, or is in training leading to, frequent and
regular performance of operational flying duty or proficiency
flying duty;
``(4) engages in or remains in aviation service for a
specified period; and
``(5) meets such other criteria as the Secretary concerned
determines appropriate.
``(b) Aviation Bonus.--The Secretary concerned may pay an aviation
bonus under this section to an officer in a regular or reserve component
of a uniformed service who--
[[Page 122 STAT. 168]]
``(1) is entitled to aviation incentive pay under subsection
(a);
``(2) has completed any active duty service commitment
incurred for undergraduate aviator training or is within one
year of completing such commitment;
``(3) executes a written agreement to remain on active duty
in a regular component or to serve in an active status in a
reserve component in aviation service for at least one year; and
``(4) meets such other criteria as the Secretary concerned
determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus or incentive pay to be paid
under this section, except that--
``(A) aviation incentive pay under subsection (a)
shall be paid at a monthly rate, not to exceed $850 per
month; and
``(B) an aviation bonus under subsection (b) may not
exceed $25,000 for each 12-month period of obligated
service agreed to under subsection (d).
``(2) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d),
the total amount of the bonus to be paid under the agreement
shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation officer
bonus under this section, an officer determined to be eligible for the
bonus shall enter into a written agreement with the Secretary concerned
that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Officers Performing Inactive Duty
Training.--A reserve component officer who is entitled to compensation
under section 206 of this title and who is authorized aviation incentive
pay under this section may be paid an amount of incentive pay that is
proportionate to the compensation received under section 206 for
inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive pay paid
to an officer under subsection (a) shall be in addition to any
other pay and allowance to which the officer is entitled, except
that an officer may not receive a payment under such subsection
and section 351 or 353 of this title for the same skill and
period of service.
``(2) Aviation bonus.--An aviation bonus paid to an officer
under subsection (b) shall be in addition to any other pay and
allowance to which the officer is entitled, except that an
officer may not receive a payment under such subsection and
section 332 or 353 of this title for the same skill and period
of service.
[[Page 122 STAT. 169]]
``(g) Repayment.--An officer who receives aviation incentive pay or
an aviation bonus under this section and who fails to fulfill the
eligibility requirements for the receipt of the incentive pay or bonus
or complete the period of service for which the incentive pay or bonus
is paid, as specified in the written agreement under subsection (d) in
the case of a bonus, shall be subject to the repayment provisions of
section 373 of this title.
``(h) Definitions.--In this section:
``(1) The term `aviation service' means service performed by
an officer in a regular or reserve component (except a flight
surgeon or other medical officer) while holding an aeronautical
rating or designation or while in training to receive an
aeronautical rating or designation.
``(2) The term `operational flying duty' means flying
performed under competent orders by rated or designated regular
or reserve component officers while serving in assignments in
which basic flying skills normally are maintained in the
performance of assigned duties as determined by the Secretary
concerned, and flying performed by members in training that
leads to the award of an aeronautical rating or designation.
``(3) The term `proficiency flying duty' means flying
performed under competent orders by rated or designated regular
or reserve component officers while serving in assignments in
which such skills would normally not be maintained in the
performance of assigned duties.
``(4) The term `officer' includes an individual enlisted and
designated as an aviation cadet under section 6911 of title 10.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``Sec. 335. Special bonus and incentive pay authorities for officers in
health professions
``(a) Health Professions Bonus.--The Secretary concerned may pay a
health professions bonus under this section to a person, including an
officer in the uniformed services, who is a graduate of an accredited
school in a health profession and who--
``(1) accepts a commission or appointment as an officer in a
regular or reserve component of a uniformed service, or
affiliates with a reserve component of a uniformed service, and
agrees to serve on active duty in a regular component or in an
active status in a reserve component in a health profession;
``(2) accepts a commission or appointment as an officer and
whose health profession specialty is designated by the Secretary
of Defense as a critically short wartime specialty; or
``(3) agrees to remain on active duty or continue serving in
an active status in a reserve component in a health profession.
``(b) Health Professions Incentive Pay.--The Secretary concerned may
pay incentive pay under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title; and
``(2) is serving on active duty or in an active status in a
designated health profession specialty or skill.
[[Page 122 STAT. 170]]
``(c) Board Certification Incentive Pay.--The Secretary concerned
may pay board certification incentive pay under this section to an
officer in a regular or reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title;
``(2) is board certified in a designated health profession
specialty or skill; and
``(3) is serving on active duty or in an active status in
such designated health profession specialty or skill.
``(d) Additional Eligibility Criteria.--The Secretary concerned may
impose such additional criteria for the receipt of a bonus or incentive
pay under this section as the Secretary determines to be appropriate.
``(e) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amounts of a bonus or incentive pay to be paid
under this section, except that--
``(A) a health professions bonus paid under
paragraph (1) of subsection (a) may not exceed $30,000
for each 12-month period of obligated service agreed to
under subsection (f);
``(B) a health professions bonus paid under
paragraph (2) of subsection (a) may not exceed $100,000
for each 12-month period of obligated service agreed to
under subsection (f);
``(C) a health professions bonus paid under
paragraph (3) of subsection (a) may not exceed $75,000
for each 12-month period of obligated service agreed to
under subsection (f);
``(D) health professions incentive pay under
subsection (b) may be paid monthly and may not exceed,
in any 12-month period--
``(i) $100,000 for medical officers and dental
surgeons; and
``(ii) $15,000 for officers in other health
professions; and
``(E) board certification incentive pay under
subsection (c) may not exceed $6,000 for each 12-month
period an officer remains certified in the designated
health profession specialty or skill.
``(2) Lump sum or installments.--A health professions bonus
under subsection (a) may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned. Board
certification incentive pay under subsection (c) may be paid
monthly, in a lump sum at the beginning of the certification
period, or in periodic installments during the certification
period, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (f),
the total amount of the health professions bonus to be paid
under the agreement shall be fixed.
``(f) Written Agreement for Bonus.--To receive a bonus under this
section, an officer determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
[[Page 122 STAT. 171]]
``(2) the method of payment of the bonus under subsection
(e)(2);
``(3) the period of obligated service;
``(4) whether the service will be performed on active duty
or in an active status in a reserve component; and
``(5) the type or conditions of the service.
``(g) Reserve Component Officers.--An officer in a reserve component
authorized incentive pay under subsection (b) or (c) who is not serving
on continuous active duty and is entitled to compensation under section
204 of this title or compensation under section 206 of this title may be
paid a monthly amount of incentive pay that is proportionate to the
basic pay or compensation received under this title.
``(h) Relationship to Other Pay and Allowances.--
``(1) Health professions bonus.--A bonus paid to a person or
officer under subsection (a) shall be in addition to any other
pay and allowance to which the person or officer is entitled,
except that a person or officer may not receive a payment under
such subsection and section 332 of this title for the same
period of obligated service.
``(2) Health professions incentive pay.--Incentive pay paid
to an officer under subsection (b) shall be in addition to any
other pay and allowance to which an officer is entitled, except
that an officer may not receive a payment under such subsection
and section 353 of this title for the same skill and period of
service.
``(3) Board certification incentive pay.--Incentive pay paid
to an officer under subsection (c) shall be in addition to any
other pay and allowance to which an officer is entitled, except
that an officer may not receive a payment under such subsection
and section 353(b) of this title for the same skill and period
of service covered by the certification.
``(i) Repayment.--An officer who receives a bonus or incentive pay
under this section and who fails to fulfill the eligibility requirements
for the receipt of the bonus or incentive pay or complete the period of
service for which the bonus or incentive pay is paid, as specified in
the written agreement under subsection (f) in the case of a bonus, shall
be subject to the repayment provisions of section 373 of this title.
``(j) Health Profession Defined.--In this section, the term `health
profession' means the following:
``(1) Any health profession performed by officers in the
Medical Corps of a uniformed service or by officers designated
as a medical officer.
``(2) Any health profession performed by officers in the
Dental Corps of a uniformed service or by officers designated as
a dental officer.
``(3) Any health profession performed by officers in the
Medical Service Corps of a uniformed service or by officers
designated as a medical service officer or biomedical sciences
officer.
``(4) Any health profession performed by officers in the
Medical Specialist Corps of a uniformed service or by officers
designated as a medical specialist.
``(5) Any health profession performed by officers of the
Nurse Corps of a uniformed service or by officers designated as
a nurse.
[[Page 122 STAT. 172]]
``(6) Any health profession performed by officers in the
Veterinary Corps of a uniformed service or by officers
designated as a veterinary officer.
``(7) Any health profession performed by officers designated
as a physician assistant.
``(8) Any health profession performed by officers in the
regular or reserve corps of the Public Health Service.
``(k) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``Sec. 351. Hazardous duty pay
``(a) Hazardous Duty Pay.--The Secretary concerned may pay hazardous
duty pay under this section to a member of a regular or reserve
component of the uniformed services entitled to basic pay under section
204 of this title or compensation under section 206 of this title who--
``(1) performs duty in a hostile fire area designated by the
Secretary concerned, is exposed to a hostile fire event,
explosion of a hostile explosive device, or any other hostile
action, or is on duty during a month in an area in which a
hostile event occurred which placed the member in grave danger
of physical injury;
``(2) performs duty designated by the Secretary concerned as
hazardous duty based upon the inherent dangers of that duty and
risks of physical injury; or
``(3) performs duty in a foreign area designated by the
Secretary concerned as an area in which the member is subject to
imminent danger of physical injury due to threat conditions.
``(b) Maximum Amount.--The amount of hazardous duty pay paid to a
member under subsection (a) shall be based on the type of duty and the
area in which the duty is performed, as follows:
``(1) In the case of a member who performs duty in a
designated hostile fire area, as described in subsection (a)(1),
hazardous duty pay may not exceed $450 per month.
``(2) In the case of a member who performs a designated
hazardous duty, as described in subsection (a)(2), hazardous
duty pay may not exceed $250 per month.
``(3) In the case of a member who performs duty in a foreign
area designated as an imminent danger area, as described in
subsection (a)(3), hazardous duty pay may not exceed $250 per
month.
``(c) Method of Payment.--Hazardous duty pay shall be paid on a
monthly basis. A member who is eligible for hazardous duty pay by reason
of subsection (a) shall receive the full monthly rate of hazardous duty
pay authorized by the Secretary concerned under such paragraph,
notwithstanding subsection (d).
``(d) Reserve Component Members Performing Inactive Duty Training.--
A member of a reserve component entitled to compensation under section
206 of this title who is authorized hazardous duty pay under this
section may be paid an amount of hazardous duty pay that is
proportionate to the compensation received by the member under section
206 of this title for inactive-duty training.
``(e) Administration and Retroactive Payments.--The effective date
for the designation of a hostile fire area, as described in paragraph
(1) of subsection (a), and for the designation of a
[[Page 122 STAT. 173]]
foreign area as an imminent danger area, as described in paragraph (3)
of such subsection, may be a date that occurs before, on, or after the
actual date of the designation by the Secretary concerned.
``(f) Determination of Fact.--Any determination of fact that is made
in administering subsection (a) is conclusive. The determination may not
be reviewed by any other officer or agency of the United States unless
there has been fraud or gross negligence. However, the Secretary
concerned may change the determination on the basis of new evidence or
for other good cause. <<NOTE: Regulations.>> The regulations prescribed
to administer this section shall define the activities that are
considered hazardous for purposes of subsection (a)(2).
``(g) Relationship to Other Pay and Allowances.--
``(1) In addition to other pay and allowances.--A member may
be paid hazardous duty pay under this section in addition to any
other pay and allowances to which the member is
entitled. <<NOTE: Regulations.>> The regulations prescribed to
administer this section shall address dual compensation under
this section for multiple circumstances involving performance of
a designated hazardous duty, as described in paragraph (2) of
subsection (a), or for duty in certain designated areas, as
described in paragraph (1) or (3) of such subsection, that is
performed by a member during a single month of service.
``(2) Limitation.--A member may not receive hazardous duty
pay under this section for a month for more than three
qualifying instances described in subsection (a)(2).
``(h) Prohibition on Variable Rates.--The regulations prescribed to
administer this section may not include varied criteria or rates for
payment of hazardous duty for officers and enlisted members.
``(i) Termination of Authority.--No hazardous duty pay under this
section may be paid after December 31, 2009.
``Sec. 352. Assignment pay or special duty pay
``(a) Assignment or Special Duty Pay Authorized.--The Secretary
concerned may pay assignment or special duty pay under this section to a
member of a regular or reserve component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title; and
``(2) performs duties in an assignment, location, or unit
designated by, and under the conditions of service specified by,
the Secretary concerned.
``(b) Maximum Amount and Method of Payment.--
``(1) Lump sum or installments.--Assignment or special duty
pay under subsection (a) may be paid monthly, in a lump sum, or
in periodic installments other than monthly, as determined by
the Secretary concerned.
``(2) Maximum monthly amount.--The maximum monthly amount of
assignment or special duty pay may not exceed $5,000.
``(3) Maximum lump sum amount.--The amount of a lump sum
payment of assignment or special duty pay payable to a member
may not exceed the amount equal to the product of--
``(A) the maximum monthly rate authorized under
paragraph (2) at the time the member enters into a
written agreement under subsection (c); and
[[Page 122 STAT. 174]]
``(B) the number of continuous months in the period
for which assignment or special duty pay will be paid
pursuant to the agreement.
``(4) Maximum installment amount.--The amount of each
installment payment of assignment or special duty pay payable to
a member on an installment basis may not exceed the amount equal
to--
``(A) the product of--
``(i) a monthly rate specified in the written
agreement entered into under subsection (c), which
monthly rate may not exceed the maximum monthly
rate authorized under paragraph (2) at the time
the member enters into the agreement; and
``(ii) the number of continuous months in the
period for which the assignment or special duty
pay will be paid; divided by
``(B) the number of installments over such period.
``(5) Effect of extension.--If a member extends an
assignment or performance of duty specified in an agreement with
the Secretary concerned under subsection (c), assignment or
special duty pay for the period of the extension may be paid on
a monthly basis, in a lump sum, or in installments, consistent
with this subsection.
``(c) Written Agreement.--
``(1) Discretionary for monthly payments.--The Secretary
concerned may require a member to enter into a written agreement
with the Secretary in order to qualify for the payment of
assignment or special duty pay on a monthly basis. The written
agreement shall specify the period for which the assignment or
special duty pay will be paid to the member and the monthly rate
of the assignment or special duty pay.
``(2) Required for lump sum or installment payments.--The
Secretary concerned shall require a member to enter into a
written agreement with the Secretary in order to qualify for
payment of assignment or special duty pay on a lump sum or
installment basis. The written agreement shall specify the
period for which the assignment or special duty pay will be paid
to the member and the amount of the lump sum or each periodic
installment.
``(d) Reserve Component Members Performing Inactive Duty Training.--
A member of a reserve component entitled to compensation under section
206 of this title who is authorized assignment or special duty pay under
this section may be paid an amount of assignment or special duty pay
that is proportionate to the compensation received by the member under
section 206 of this title for inactive-duty training.
``(e) Relationship to Other Pay and Allowances.--Assignment or
special duty pay paid to a member under this section is in addition to
any other pay and allowances to which the member is entitled.
``(f) Repayment.--A member who receives assignment or special duty
pay under this section and who fails to fulfill the eligibility
requirements under subsection (a) for receipt of such pay shall be
subject to the repayment provisions of section 373 of this title.
``(g) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
[[Page 122 STAT. 175]]
``Sec. 353. Skill incentive pay or proficiency bonus
``(a) Skill Incentive Pay.--The Secretary concerned may pay a
monthly skill incentive pay to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title; and
``(2) serves in a career field or skill designated as
critical by the Secretary concerned.
``(b) Skill Proficiency Bonus.--The Secretary concerned may pay a
proficiency bonus to a member of a regular or reserve component of the
uniformed services who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title; and
``(2) is determined to have, and maintains, certified
proficiency under subsection (d) in a skill designated as
critical by the Secretary concerned.
``(c) Maximum Amounts and Methods of Payment.--
``(1) Skill incentive pay.--Skill incentive pay under
subsection (a) shall be paid monthly in an amount not to exceed
$1,000 per month.
``(2) Proficiency bonus.--A proficiency bonus under
subsection (b) may be paid in a lump sum at the beginning of the
proficiency certification period or in periodic installments
during the proficiency certification period. The amount of the
bonus may not exceed $12,000 for each 12-month period of
certification. The Secretary concerned may not vary the criteria
or rates for the proficiency bonus paid for officers and
enlisted members.
``(d) Certified Proficiency for Proficiency Bonus.--
``(1) Certification required.--Proficiency in a designated
critical skill for purposes of subsection (b) shall be subject
to annual certification by the Secretary concerned.
``(2) Duration of certification.--A certification period for
purposes of subsection (c)(2) shall expire at the end of the
one-year period beginning on the first day of the first month
beginning on or after the certification date.
``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the
regulations prescribed to administer this section shall address
the circumstances under which the Secretary concerned may waive
the certification requirement under paragraph (1) or extend a
certification period under paragraph (2).
``(e) Written Agreement.--
``(1) Discretionary for skill incentive pay.--The Secretary
concerned may require a member to enter into a written agreement
with the Secretary in order to qualify for the payment of skill
incentive pay under subsection (a). The written agreement shall
specify the period for which the skill incentive pay will be
paid to the member and the monthly rate of the pay.
``(2) Required for proficiency bonus.--The Secretary
concerned shall require a member to enter into a written
agreement with the Secretary in order to qualify for payment of
a proficiency bonus under subsection (b). The written agreement
shall specify the amount of the proficiency bonus, the period
for which the bonus will be paid, and the initial certification
or recertification necessary for payment of the proficiency
bonus.
[[Page 122 STAT. 176]]
``(f) Reserve Component Members Performing Inactive Duty Training.--
``(1) Proration.--A member of a reserve component entitled
to compensation under section 206 of this title who is
authorized skill incentive pay under subsection (a) or a skill
proficiency bonus under subsection (b) may be paid an amount of
the pay or bonus, as the case may be, that is proportionate to
the compensation received by the member under section 206 of
this title for inactive-duty training.
``(2) Exception for foreign language proficiency.--No
reduction in the amount of a skill proficiency bonus may be made
under paragraph (1) in the case of a member of a reserve
component who is authorized the bonus because of the member's
proficiency in a foreign language.
``(g) Repayment.--A member who receives skill incentive pay or a
proficiency bonus under this section and who fails to fulfill the
eligibility requirement for receipt of the pay or bonus shall be subject
to the repayment provisions of section 373 of this title.
``(h) Relationship to Other Pays and Allowances.--A member may not
be paid more than one pay under this section in any month for the same
period of service and skill. A member may be paid skill incentive pay or
the proficiency bonus under this section in addition to any other pay
and allowances to which the member is entitled, except that a member may
not be paid skill incentive pay or a proficiency bonus under this
section and hazardous duty pay under section 351 of this title for the
same period of service in the same career field or skill.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.
``SUBCHAPTER III--GENERAL PROVISIONS
``Sec. 371. Relationship to other incentives and pays
``(a) Treatment.--A bonus or incentive pay paid to a member of the
uniformed services under subchapter II is in addition to any other pay
and allowance to which a member is entitled, unless otherwise provided
under this chapter.
``(b) Exception.--A member may not receive a bonus or incentive pay
under both subchapter I and subchapter II for the same activity, skill,
or period of service.
``(c) Relationship to Other Computations.--The amount of a bonus or
incentive pay to which a member is entitled under subchapter II may not
be included in computing the amount of--
``(1) any increase in pay authorized by any other provision
of this title; or
``(2) any retired pay, retainer pay, separation pay, or
disability severance pay.
``Sec. 372. Continuation of pays during hospitalization and
rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire
area or exposed to an event of hostile fire or
other hostile action
``(a) Continuation of Pays.--If a member of a regular or reserve
component of a uniformed service incurs a wound, injury, or illness in
the line of duty while serving in a combat operation or a combat zone,
while serving in a hostile fire area, or while
[[Page 122 STAT. 177]]
exposed to a hostile fire event, as described under section 351 of this
title, and is hospitalized for treatment of the wound, injury, or
illness, the Secretary concerned may continue to pay to the member,
notwithstanding any provision of this chapter to the contrary, all pay
and allowances (including any bonus, incentive pay, or similar benefit)
that were being paid to the member at the time the member incurred the
wound, injury, or illness.
``(b) Duration.--The payment of pay and allowances to a member under
subsection (a) may continue until the end of the first month beginning
after the earliest of the following dates:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for duty.
``(2) One year after the date on which the member is first
hospitalized for the treatment of the wound, injury, or illness,
except that the Secretary concerned may extend the termination
date in six-month increments.
``(3) The date on which the member is discharged, separated,
or retired (including temporary disability retirement) from the
uniformed services.
``(c) Bonus, Incentive Pay, or Similar Benefit Defined.--In this
section, the term `bonus, incentive pay, or similar benefit' means a
bonus, incentive pay, special pay, or similar payment paid to a member
of the uniformed services under this title or title 10.
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit when conditions of payment not
met
``(a) Repayment.--Except as provided in subsection (b), a member of
the uniformed services who is paid a bonus, incentive pay, or similar
benefit, the receipt of which is contingent upon the member's
satisfaction of certain service or eligibility requirements, shall repay
to the United States any unearned portion of the bonus, incentive pay,
or similar benefit if the member fails to satisfy any such service or
eligibility requirement.
``(b) Exceptions.--The regulations prescribed to administer this
section may specify procedures for determining the circumstances under
which an exception to the required repayment may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the United
States under this section 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--
``(1) the date of the termination of the agreement or
contract on which the debt is based; or
``(2) in the absence of such an agreement or contract, the
date of the termination of the service on which the debt is
based.
``(d) Definitions.--In this section:
``(1) The term `bonus, incentive pay, or similar benefit'
means a bonus, incentive pay, special pay, or similar payment,
or an educational benefit or stipend, paid to a member of the
uniformed services under a provision of law that refers to the
repayment requirements of this section or section 303a(e) of
this title.
[[Page 122 STAT. 178]]
``(2) The term `service', as used in subsection (c)(2),
refers to an obligation willingly undertaken by a member of the
uniformed services, in exchange for a bonus, incentive pay, or
similar benefit offered by the Secretary concerned--
``(A) to a member in a regular or reserve component
who remains on active duty or in an active status;
``(B) to perform duty in a specified skill, with or
without a specified qualification or credential;
``(C) to perform duty in a specified assignment,
location or unit; or
``(D) to perform duty for a specified period of
time.
``Sec. 374. Regulations
``This subchapter and subchapter II shall be administered under
regulations prescribed by--
``(1) the Secretary of Defense, with respect to the armed
forces under the jurisdiction of the Secretary of Defense;
``(2) the Secretary of Homeland Security, with respect to
the Coast Guard when it is not operating as a service in the
Navy;
``(3) the Secretary of Health and Human Services, with
respect to the commissioned corps of the Public Health Service;
and
``(4) the Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration.''.
(b) Transfer of 15-Year Career Status Bonus to Subchapter II.--
(1) Transfer.--Section 322 of title 37, United States Code,
is transferred to appear after section 353 of subchapter II of
chapter 5 of such title, as added by subsection (a), and is
redesignated as section 354.
(2) Conforming amendment.--Subsection (f) of such section,
as so transferred and redesignated, <<NOTE: 37 USC 354.>> is
amended by striking ``section 303a(e)'' and inserting ``section
373''.
(3) Cross references.--Sections 1401a, 1409(b)(2), and 1410
of title 10, United States Code, are amended by striking
``section 322'' each place it appears and inserting ``section
322 (as in effect before the enactment of the National Defense
Authorization Act for Fiscal Year 2008) or section 354''.
(c) Transfer of Retention Incentives for Members Qualified in
Critical Military Skills or Assigned to High Priority Units.--
(1) Transfer.--Section 323 of title 37, United States Code,
as amended by sections 614 and 622, is transferred to appear
after section 354 of subchapter II of chapter 5 of such title,
as transferred and redesignated by subsection (b)(1), and is
redesignated as section 355.
(2) Conforming amendment.--Subsection (g) of such section,
as so transferred and redesignated, <<NOTE: 37 USC 355.>> is
amended by striking ``section 303a(e)'' and inserting ``section
373''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 37, United States Code, is amended to read as
follows:
``subchapter i--existing special pay, incentive pay, and bonus
authorities
``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.
[[Page 122 STAT. 179]]
``301b. Special pay: aviation career officers extending period of active
duty.
``301c. Incentive pay: submarine duty.
``301d. Multiyear retention bonus: medical officers of the armed forces.
``301e. Multiyear retention bonus: dental officers of the armed forces.
``302. Special pay: medical officers of the armed forces.
``302a. Special pay: optometrists.
``302b. Special pay: dental officers of the armed forces.
``302c. Special pay: psychologists and nonphysician health care
providers.
``302d. Special pay: accession bonus for registered nurses.
``302e. Special pay: nurse anesthetists.
``302f. Special pay: reserve, recalled, or retained health care
officers.
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.
``302h. Special pay: accession bonus for dental officers.
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.
``302k. Special pay: accession bonus for medical officers in critically
short wartime specialties.
``302l. Special pay: accession bonus for dental specialist officers in
critically short wartime specialties.
``303. Special pay: veterinarians.
``303a. Special pay: general provisions.
``303b. Waiver of board certification requirements.
``304. Special pay: diving duty.
``305. Special pay: hardship duty pay.
``305a. Special pay: career sea pay.
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.
``306. Special pay: officers holding positions of unusual responsibility
and of critical nature.
``306a. Special pay: members assigned to international military
headquarters.
``307. Special pay: special duty assignment pay for enlisted members.
``307a. Special pay: assignment incentive pay.
``308. Special pay: reenlistment bonus.
``308b. Special pay: reenlistment bonus for members of the Selected
Reserve.
``308c. Special pay: bonus for affiliation or enlistment in the Selected
Reserve.
``308d. Special pay: members of the Selected Reserve assigned to certain
high priority units.
``308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``308h. Special pay: bonus for reenlistment, enlistment, or voluntary
extension of enlistment in elements of the Ready Reserve
other than the Selected Reserve.
``308i. Special pay: prior service enlistment bonus.
``308j. Special pay: affiliation bonus for officers in the Selected
Reserve.
``309. Special pay: enlistment bonus.
``310. Special pay: duty subject to hostile fire or imminent danger.
``312. Special pay: nuclear-qualified officers extending period of
active duty.
``312b. Special pay: nuclear career accession bonus.
``312c. Special pay: nuclear career annual incentive bonus.
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.
``315. Special pay: engineering and scientific career continuation pay.
``316. Special pay: bonus for members with foreign language proficiency.
``317. Special pay: officers in critical acquisition positions extending
period of active duty.
``318. Special pay: special warfare officers extending period of active
duty.
``319. Special pay: surface warfare officer continuation pay.
``320. Incentive pay: career enlisted flyers.
``321. Special pay: judge advocate continuation pay.
``324. Special pay: accession bonus for new officers in critical skills.
``325. Incentive bonus: savings plan for education expenses and other
contingencies.
``326. Incentive bonus: conversion to military occupational specialty to
ease personnel shortage.
``327. Incentive bonus: transfer between armed forces.
``328. Combat-related injury rehabilitation pay.
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.
``330. Special pay: accession bonus for officer candidates.
``subchapter ii--consolidation of special pay, incentive pay, and bonus
authorities
``331. General bonus authority for enlisted members.
[[Page 122 STAT. 180]]
``332. General bonus authority for officers.
``333. Special bonus and incentive pay authorities for nuclear officers.
``334. Special aviation incentive pay and bonus authorities for
officers.
``335. Special bonus and incentive pay authorities for officers in
health professions.
``351. Hazardous duty pay.
``352. Assignment pay or special duty pay.
``353. Skill incentive pay or proficiency bonus.
``354. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.
``355. Special pay: retention incentives for members qualified in
critical military skills or assigned to high priority units.
``subchapter iii--general provisions
``371. Relationship to other incentives and pays.
``372. Continuation of pays during hospitalization and rehabilitation
resulting from wounds, injury, or illness incurred while on
duty in a hostile fire area or exposed to an event of hostile
fire or other hostile action.
``373. Repayment of unearned portion of bonus, incentive pay, or similar
benefit when conditions of payment not met.
``374. Regulations.''.
SEC. 662. <<NOTE: 37 USC 801 note.>> TRANSITIONAL PROVISIONS.
(a) Implementation Plan.--
(1) Development.--The Secretary of Defense shall develop a
plan to implement subchapters II and III of chapter 5 of title
37, United States Code, as added by section 661(a), and to
correspondingly transition all of the special and incentive pay
programs for members of the uniformed services solely to
provisions of such subchapters.
(2) <<NOTE: Deadline.>> Submission.--Not later than one
year after the date of the enactment of this Act, the Secretary
shall submit the implementation plan to the congressional
defense committees.
(b) Transition Period.--During a transition period of not more than
10 years beginning on the date of the enactment of this Act, the
Secretary of Defense, the Secretary of a military department, and the
Secretaries referred to in subsection (d) may continue to use the
authorities in provisions in subchapter I of chapter 5 of title 37,
United States Code, as designated by section 661(a), but subject to the
terms of such provisions and such modifications as the Secretary of
Defense may include in the implementation plan, to provide bonuses and
special and incentive pays for members of the uniformed services.
(c) Notice of Implementation of New Authorities.--Not less than 30
days before the date on which a special pay or bonus authority provided
under subchapter II of chapter 5 of title 37, United States Code, as
added by section 661(a), is first utilized, the Secretary of Defense
shall submit to the congressional defense committees a notice of the
implementation of the authority, including whether, as a result of
implementation of the authority, a corresponding authority in subchapter
I of such chapter, as designated by section 661(a), will no longer be
used.
(d) Coordination.--The Secretary of Defense shall prepare the
implementation plan in coordination with--
(1) the Secretary of Homeland Security, with respect to the
Coast Guard;
(2) the Secretary of Health and Human Services, with respect
to the commissioned corps of the Public Health Service; and
(3) the Secretary of Commerce, with respect to the National
Oceanic and Atmospheric Administration.
(e) No Effect on Fiscal Year 2008 Obligations.--During fiscal year
2008, obligations incurred under subchapters I, II, and
[[Page 122 STAT. 181]]
III of chapter 5 of title 37, United States Code, as amended by section
661, to provide bonuses, incentive pays, special pays, and similar
payments to members of the uniformed services under such subchapters may
not exceed the obligations that would be incurred in the absence of the
amendments made by such section.
Subtitle G--Other Matters
SEC. 671. REFERRAL BONUS AUTHORITIES.
(a) Codification and Modification of Army Referral Bonus
Authority.--
(1) Army referral bonus.--Chapter 333 of title 10, United
States Code, is amended by inserting after section 3251 the
following new section:
``Sec. 3252. Bonus to encourage Army personnel to refer 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 or
civilian employee of the Department 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 or
civilian employee of the Department 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).
[[Page 122 STAT. 182]]
``(3) Junior reserve officers' training corps instructors.--
A member of the Army detailed under subsection (c)(1) of section
2031 of this title 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 this title.
``(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 this title,
title 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 such chapter is amended by inserting after the item
relating to section 3251 the following new item:
``3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army.''.
(b) Bonus for Referral of Persons for Appointment as Officers To
Serve in Health Professions.--
(1) Health professions referral bonus.--Chapter 53 of such
title is amended by inserting before section 1031 the following
new section:
``Sec. 1030. Bonus to encourage Department of Defense personnel to refer
persons for appointment as officers to serve in
health professions
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of Defense may authorize the
appropriate Secretary to 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 in an armed
force 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:
[[Page 122 STAT. 183]]
``(A) A member of the armed forces in a regular
component of the armed forces.
``(B) A member of the armed forces in a reserve
component of the armed forces.
``(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 or civilian employee of a military department or the
Department of Defense 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 or civilian employee of a military department or the
Department of Defense 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 this title 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 this title.
[[Page 122 STAT. 184]]
``(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 this
title, title 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.''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 1031 the following new item:
``1030. Bonus to encourage Department of Defense personnel to refer
persons for appointment as officers to serve in health
professions.''.
(c) Repeal of Superseded army Referral Bonus Authority.--
(1) Repeal.--Section 645 of the National Defense
Authorization Act for Fiscal Year 2006 <<NOTE: 119 Stat.
3310.>> (Public Law 109-163) is repealed.
(2) Payment of bonuses under superseded authority.--Any
bonus payable under section 645 of the National Defense
Authorization Act for Fiscal Year 2006, as in effect before its
repeal by paragraph (1), shall remain payable after that date
and shall be paid in accordance with the provisions of such
section, as in effect on the day before the date of the
enactment of this Act.
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Additional Educational Loans Eligible for Repayment.--Paragraph
(1) of subsection (a) of section 16301 of title 10, United States Code,
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by inserting after subparagraph (C) 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
[[Page 122 STAT. 185]]
``(iv) a nonprofit private entity designated by a
State, regulated by that State, and approved by the
Secretary for purposes of this section.''.
(b) Participation of Officers in Program.--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 in an
officer program or military specialty''; and
(2) by striking paragraph (3).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 16301. Education loan repayment program: members of Selected
Reserve''.
(2) Table of sections.--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 Selected
Reserve.''.
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR
PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND CHILDREN.
Section 284 of the Immigration and Nationality Act (8 U.S.C. 1354)
is amended--
(1) by striking ``Nothing'' and inserting ``(a) Nothing'';
and
(2) by adding at the end the following new subsection:
``(b) If a person lawfully admitted for permanent residence is the
spouse or child of a member of the Armed Forces of the United States, is
authorized to accompany the member and reside abroad with the member
pursuant to the member's official orders, and is so accompanying and
residing with the member (in marital union if a spouse), then the
residence and physical presence of the person abroad shall not be
treated as--
``(1) an abandonment or relinquishment of lawful permanent
resident status for purposes of clause (i) of section
101(a)(13)(C); or
``(2) an absence from the United States for purposes of
clause (ii) of such section.''.
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.
(a) Spouses.--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)(1) In the case of a person lawfully admitted for permanent
residence in the United States who is the spouse of a member of the
Armed Forces of the United States, is authorized to accompany such
member and reside abroad with the member pursuant to the member's
official orders, and is so accompanying and residing
[[Page 122 STAT. 186]]
with the member in marital union, such residence and physical presence
abroad shall be treated, for purposes of subsection (a) and section
316(a), as residence and physical presence in--
``(A) the United States; and
``(B) any State or district of the Department of Homeland
Security in the United States.
``(2) Notwithstanding any other provision of law, a spouse described
in paragraph (1) shall be eligible for naturalization proceedings
overseas pursuant to section 1701(d) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C.
1443a).''.
(b) Children.--Section 322 of the Immigration and Nationality Act (8
U.S.C. 1433) is amended by adding at the end the following new
subsection:
``(d) In the case of a child of a member of the Armed Forces of the
United States who is authorized to accompany such member and reside
abroad with the member pursuant to the member's official orders, and is
so accompanying and residing with the member--
``(1) any period of time during which the member of the
Armed Forces is residing abroad pursuant to official orders
shall be treated, for purposes of subsection (a)(2)(A), as
physical presence in the United States;
``(2) subsection (a)(5) shall not apply; and
``(3) the oath of allegiance described in subsection (b) may
be subscribed to abroad pursuant to section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 8 U.S.C. 1443a).''.
(c) Overseas Naturalization Authority.--Section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 8 U.S.C. 1443a) is amended--
(1) in the subsection heading, by inserting ``and Their
Spouses and Children'' after ``Forces''; and
(2) by inserting ``, and persons made eligible for
naturalization by section 319(e) or 322(d) of such Act,'' after
``Armed Forces''.
(d) <<NOTE: Applicability. 8 USC 1430 note.>> Effective Date.--The
amendments made by this section shall take effect on the date of
enactment of this Act and apply to any application for naturalization or
issuance of a certificate of citizenship pending on or after such date.
SEC. 675. <<NOTE: 37 USC 559 note.>> MODIFICATION OF AMOUNT OF BACK PAY
FOR MEMBERS OF NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD WAR II TO
TAKE INTO ACCOUNT CHANGES IN CONSUMER PRICE INDEX.
(a) Modification.--Section 667(c) 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-170) is amended by adding at the end
the following new paragraph:
``(3) The amount determined for a person under paragraph (1) shall
be increased to reflect increases in cost of living since the basic pay
referred to in paragraph (1)(B) was paid to or for that person,
calculated on the basis of the Consumer Price Index (all items--United
States city average) published monthly by the Bureau of Labor
Statistics.''.
[[Page 122 STAT. 187]]
(b) Recalculation of Previous Payments.--In the case of any payment
of back pay made to or for a person under section 667 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 before
the date of the enactment of this Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection (a);
and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the surviving
spouse of the person, an amount equal to the excess.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
Subtitle A--Improvements to Military Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2007'' and inserting ``September 30, 2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is
amended by striking ``September 30, 2007.'' and inserting ``September
30, 2008''.
[[Page 122 STAT. 188]]
(c) Premiums Under TRICARE Coverage for Certain Members in the
Selected Reserve.--Section 1076d(d)(3) of such title is amended by
striking ``September 30, 2007'' and inserting ``September 30, 2008''.
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2007, and ending on
September 30, 2008, the cost sharing requirements established under
paragraph (6) of section 1074g(a) of title 10, United States Code, for
pharmaceutical agents available through retail pharmacies covered by
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 703. 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 the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008, 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) <<NOTE: 10 USC 1074g note.>> 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 <<NOTE: Deadline.>> Secretary shall so modify such
regulations not later than December 31, 2007.
SEC. 704. <<NOTE: Regulations. 10 USC 1076 note.>> STIPEND FOR MEMBERS
OF RESERVE COMPONENTS FOR HEALTH CARE FOR CERTAIN
DEPENDENTS.
The Secretary of Defense may, pursuant to regulations prescribed by
the Secretary, pay a stipend to a member of a reserve component of the
Armed Forces who is called or ordered to active duty for a period of
more than 30 days for purposes of maintaining civilian health care
coverage for a dependant whom the Secretary determines to possess a
special health care need that would be best met by remaining in the
member's civilian health plan. In making such determination, the
Secretary shall consider whether--
[[Page 122 STAT. 189]]
(1) the dependent of the member was receiving treatment for
the special health care need before the call or order to active
duty of the member; and
(2) the call or order to active duty would result in an
interruption in treatment or a change in health care provider
for such treatment.
SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR CONTINUED
HEALTH BENEFITS COVERAGE.
(a) Authority To Specify Additional Eligible Persons.--Subsection
(b) of section 1078a of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) <<NOTE: Regulations.>> Any other person specified in
regulations prescribed by the Secretary of Defense for purposes
of this paragraph who loses entitlement to health care services
under this chapter or section 1145 of this title, subject to
such terms and conditions as the Secretary shall prescribe in
the regulations.''.
(b) Election of Coverage.--Subsection (d) of such section is amended
by adding at the end the following new paragraph:
``(4) <<NOTE: Regulations.>> In the case of a person
described in subsection (b)(4), by such date as the Secretary
shall prescribe in the regulations required for purposes of that
subsection.''.
(c) Period of Coverage.--Subsection (g)(1) of such section is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) in the case of a person described in subsection
(b)(4), the date that is 36 months after the date on which the
person loses entitlement to health care services as described in
that subsection.''.
SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD COVERAGE FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) In General.--Section 706(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2282; 10 U.S.C. 1076d note) is amended--
(1) by striking ``Enrollments'' and inserting ``(1) Except
as provided in paragraph (2), enrollments''; and
(2) by adding at the end the following new paragraph:
``(2) The enrollment of a member in TRICARE Standard that is in
effect on the day before health care under TRICARE Standard is provided
pursuant to the effective date in subsection (g) shall not be terminated
by operation of the exclusion of eligibility under subsection (a)(2) of
such section 1076d, as so amended, for the duration of the eligibility
of the member under TRICARE Standard as in effect on October 16,
2006.''.
(b) <<NOTE: 10 USC 1076d note.>> Effective Date.--The amendments
made by subsection (a) shall take effect on October 1, 2007.
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY.
(a) Extension of Duration of Pilot Program.--Section 721(e) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1988;
[[Page 122 STAT. 190]]
10 U.S.C. 1092 note) is amended by striking ``and 2007'' and inserting
``, 2007, 2008, 2009, and 2010''.
(b) Extension of Report Deadline.--Section 721(f) of such Act is
amended by striking ``July 1, 2007'' and inserting ``July 1, 2010''.
(c) Revision in Selection Criteria.--Section 721(d)(2) of such Act
is amended by striking ``expected to increase over the next five years''
and inserting ``has increased over the five years preceding 2008''.
(d) <<NOTE: 10 USC 1092 note.>> Addition to Requirements of Pilot
Program.--Section 721(b) of such Act is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by adding at the end the following:
``(5) collaborate with State and local authorities to create
an arrangement to share and exchange, between the Department of
Defense and non-military health care systems, personal health
information and data of military personnel and their
families.''.
SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF HEALTH CARE
AND REPORT ON MENTAL HEALTH CARE SERVICES.
(a) Inclusion of Mental Health Care in Definition of Health Care.--
Section 1072 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(10) The term `health care' includes mental health
care.''.
(b) Report on Access to Mental Health Care Services.--Not later than
one year 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 on the adequacy of access to
mental health services under the TRICARE program, including in the
geographic areas where surveys on the continued viability of TRICARE
Standard and TRICARE Extra are conducted under section 711 of this Act.
Subtitle B--Studies and Reports
SEC. 711. <<NOTE: 10 USC 1073 note.>> 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.
[[Page 122 STAT. 191]]
(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 the
availability 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;
(B) give a high priority to surveying health care
and mental health care providers in such areas; and
(C) give a high priority to surveying beneficiaries
and providers located in geographic areas with high
concentrations of members of the Selected Reserve.
(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.
[[Page 122 STAT. 192]]
(b) 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 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.
(G) An assessment of the adequacy of Department of
Defense programs to inform members of the Selected
Reserve about the TRICARE Reserve Select program.
(H) An assessment of the ability of TRICARE Reserve
Select beneficiaries to receive care in their geographic
area.
(c) Effective Date.--This section shall take effect on October 1,
2007.
[[Page 122 STAT. 193]]
(d) 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.
(e) 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 area 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 ``TRICARE Reserve Select'' means the option of
the TRICARE program that allows members of the Selected Reserve
to enroll in TRICARE Standard, pursuant to section 1076d of
title 10, United States Code.
(6) The term ``member of the Selected Reserve'' means a
member of the Selected Reserve of the Ready Reserve of a reserve
component of the Armed Forces.
(7) 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.
SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR
COMBAT-RELATED CONDITIONS.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the requirements of section 567 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2224; 10 U.S.C. 1481 note).
(b) Matters Covered.--The report shall include a detailed
description of the implementation of such section, including--
(1) where the training program is taking place;
(2) who is providing the training;
(3) the number of each type of military health care
professional trained to date; and
(4) what the training covers.
(c) Deadline.--The report required by this section shall be
submitted not later than 180 days after the date of the enactment of
this Act.
SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.
(a) Report Required.--Not later than March 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report on
the ongoing patient satisfaction surveys taking place in Department of
Defense inpatient and outpatient settings at military treatment
facilities.
(b) Content.--The report required under subsection (a) shall include
the following:
[[Page 122 STAT. 194]]
(1) The types of survey questions asked.
(2) How frequently the surveying is conducted.
(3) How often the results are analyzed and reported back to
the treatment facilities.
(4) To whom survey feedback is made available.
(5) How best practices are incorporated for quality
improvement.
(6) An analysis of the effect of inpatient and outpatient
surveys on quality improvement and a comparison of patient
satisfaction survey programs with patient satisfaction survey
programs used by other public and private health care systems
and organizations.
(c) Use of Report Information.--The Secretary shall use information
in the report as the basis for a plan for improvements in patient
satisfaction surveys used to assess health care at military treatment
facilities in order to ensure the provision of high quality health care
and hospital services in such facilities.
SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE
ARMED FORCES BEFORE THEIR DEPLOYMENT.
Not later than April 1, 2008, 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 following:
(1) A comparison of the policies of the military departments
concerning medical physical examinations of members of the Armed
Forces before their deployment, including an identification of
instances in which a member (including a member of a reserve
component) may be required to undergo multiple physical
examinations, from the time of notification of an upcoming
deployment through the period of preparation for deployment.
(2) An assessment of the current policies related to, as
well as the feasibility of, each of the following:
(A) A single predeployment physical examination for
members of the Armed Forces before their deployment.
(B) A single system for tracking electronically the
results of examinations under subparagraph (A) that can
be shared among the military departments and thereby
eliminate redundancy of medical physical examinations
for members of the Armed Forces before their deployment.
SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE
ARMED FORCES.
(a) Report Required.--Not later than 90 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 on the policies of the Department of Defense
for administering and evaluating the vaccination of members of the Armed
Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the Department's policies governing the
administration of multiple vaccinations in a 24-hour period,
including the procedures providing for a full review of an
individual's medical history prior to the administration of
multiple vaccinations, and whether such policies and procedures
[[Page 122 STAT. 195]]
differ for members of the Armed Forces on active duty and
members of reserve components.
(2) An assessment of how the Department's policies on
multiple vaccinations in a 24-hour period conform to current
regulations of the Food and Drug Administration and research
performed or being performed by the Centers for Disease Control,
other non-military Federal agencies, and non-Federal
institutions on multiple vaccinations in a 24-hour period.
(3) An assessment of the Department's procedures for
initiating investigations of deaths of members of the Armed
Forces in which vaccinations may have played a role, including
whether such investigations can be requested by family members
of the deceased individuals.
(4) The number of deaths of members of the Armed Forces
since May 18, 1998, that the Department has investigated for the
potential role of vaccine administration, including both the
number of deaths investigated that was alleged to have involved
more than one vaccine administered in a given 24-hour period and
the number of deaths investigated that was determined to have
involved more than one vaccine administered in a given 24-hour
period.
(5) An assessment of the procedures for providing the
Adjutants General of the various States and territories with up-
to-date information on the effectiveness and potential allergic
reactions and side effects of vaccines required to be taken by
National Guard members.
(6) An assessment of whether procedures are in place to
provide that the Adjutants General of the various States and
territories retain updated medical records of each National
Guard member called up for active duty.
SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL HEALTH
SERVICES AND TREATMENT FOR MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Review.--The Secretary of Defense shall conduct a
comprehensive review of--
(1) the need for gender- and ethnic group-specific mental
health treatment and services for members of the Armed Forces;
and
(2) the efficacy and adequacy of existing gender- and ethnic
group-specific mental health treatment programs and services for
members of the Armed Forces, to include availability of and
access to such programs.
(b) Elements.--The review required by subsection (a) shall include,
but not be limited to, an assessment of the following:
(1) The need for gender- and ethnic group-specific mental
health outreach, prevention, and treatment services for members
of the Armed Forces.
(2) The access to and efficacy of existing gender- and
ethnic group-specific mental health outreach, prevention, and
treatment services and programs (including substance abuse
programs).
(3) The availability of gender- and ethnic group-specific
services and treatment for members of the Armed Forces who
experienced sexual assault or abuse.
[[Page 122 STAT. 196]]
(4) The access to and need for treatment facilities focusing
on the gender- and ethnic group-specific mental health care
needs of members of the Armed Forces.
(5) The need for further clinical research on the gender-
and ethnic group-specific needs of members of the Armed Forces
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 shall submit to the congressional
defense committees a report on the review required by subsection (a).
SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.
(a) <<NOTE: 10 USC 1073 note.>> Regulations.--The Secretary of
Defense shall prescribe regulations to establish criteria that licensed
or certified mental health counselors shall meet in order to be able to
independently provide care to TRICARE beneficiaries and receive payment
under the TRICARE program for such services. The criteria shall include
requirements for education level, licensure, certification, and clinical
experience as considered appropriate by the Secretary.
(b) Study Required.--The Secretary of Defense shall enter into a
contract with the Institute of Medicine of the National Academy of
Sciences, or another similarly qualified independent academic medical
organization, for the purpose of--
(1) conducting an independent study of the credentials,
preparation, and training of individuals practicing as licensed
mental health counselors; and
(2) making recommendations for permitting licensed mental
health counselors to practice independently under the TRICARE
program.
(c) Elements of Study.--
(1) Educational requirements.--The study required by
subsection (b) shall provide for an assessment of the
educational requirements and curricula relevant to mental health
practice for licensed mental health counselors, including types
of degrees recognized, certification standards for graduate
programs for such profession, and recognition of undergraduate
coursework for completion of graduate degree requirements.
(2) Licensing requirements.--The study required by
subsection (b) shall provide for an assessment of State
licensing requirements for licensed mental health counselors,
including for each level of licensure if a State issues more
than one type of license for the profession. The assessment
shall examine requirements in the areas of education, training,
examination, continuing education, and ethical standards, and
shall include an evaluation of the extent to which States
authorize members of the licensed mental health counselor
profession to diagnose and treat mental illnesses.
(3) Clinical experience requirements.--The study required by
subsection (b) shall provide for an analysis of the requirements
for clinical experience for a licensed mental health counselor
to be recognized under regulations for the TRICARE program, and
recommendations, if any, for standardization or adjustment of
such requirements.
(4) Independent practice under other federal programs.--The
study required by subsection (b) shall provide for an assessment
of the extent to which licensed mental health
[[Page 122 STAT. 197]]
counselors are authorized to practice independently under other
Federal programs (such as the Medicare program, the Department
of Veterans Affairs, the Indian Health Service, and Head Start),
and a review of the relationship, if any, between recognition of
mental health professions under the Medicare program and
independent practice authority for such profession under the
TRICARE program.
(5) Independent practice under fehbp.--The study required by
subsection (b) shall provide for an assessment of the extent to
which licensed mental health counselors are authorized to
practice independently under the Federal Employee Health
Benefits Program and private insurance plans. The assessment
shall identify the States having laws requiring private insurers
to cover, or offer coverage of, the services of members of
licensed mental health counselors and shall identify the
conditions, if any, that are placed on coverage of practitioners
under the profession by insurance plans and how frequently these
types of conditions are used by insurers.
(6) Historical review of regulations.--The study required by
subsection (b) shall provide for a review of the history of
regulations prescribed by the Department of Defense regarding
which members of the mental health profession are recognized as
providers under the TRICARE program as independent
practitioners, and an examination of the recognition by the
Department of third-party certification for members of such
profession.
(7) Clinical capabilities studies.--The study required by
subsection (b) shall include a review of outcome studies and of
the literature regarding the comparative quality and
effectiveness of care provided by licensed mental health
counselors and provide an independent review of the findings.
(d) Recommendations for TRICARE Independent Practice Authority.--The
recommendations provided under subsection (b)(2) shall include
recommendations regarding modifications of current policy for the
TRICARE program with respect to allowing licensed mental health
counselors to practice independently under the TRICARE program.
(e) Report.--Not later than March 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the review required by subsection
(b).
SEC. 718. <<NOTE: 10 USC 221 note.>> REPORT ON FUNDING OF THE
DEPARTMENT OF DEFENSE FOR HEALTH CARE.
(a) <<NOTE: President.>> Report.--If the President submits to
Congress the budget for a fiscal year under section 1105 of title 31,
United States Code, and the aggregate amount included in that budget for
the Department of Defense for health care for such fiscal year is less
than the aggregate amount provided by Congress for the Department for
health care for the preceding fiscal year, and, in the case of the
Department, the total allocation from the Defense Health Program to any
military department is less than the total of such allocation in the
preceding fiscal year, the President shall submit to Congress a report
on--
(1) the reasons for the determination that inclusion of a
lesser aggregate amount or allocation to any military department
is in the national interest; and
[[Page 122 STAT. 198]]
(2) the anticipated effects of the inclusion of such lesser
aggregate amount or allocation to any military department on the
access to and delivery of medical and support services to
members of the Armed Forces and their family members.
(b) Termination.--The section shall not be in effect after December
31, 2017.
Subtitle C--Other Matters
SEC. 721. <<NOTE: 10 USC 129c note.>> PROHIBITION ON CONVERSION OF
MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL
AND DENTAL POSITIONS.
(a) Prohibition.--The Secretary of a military department may not
convert any military medical or dental position to a civilian medical or
dental position during the period beginning on October 1, 2007, and
ending on September 30, 2012.
(b) Restoration of Certain Positions to Military Positions.--In the
case of any military medical or dental position that is converted to a
civilian medical or dental position during the period beginning on
October 1, 2004, and ending on September 30, 2008, if the position is
not filled by a civilian by September 30, 2008, the Secretary of the
military department concerned shall restore the position to a military
medical or dental position that can be filled only by a member of the
Armed Forces who is a health professional.
(c) Report.--
(1) Requirement.--The Secretary of Defense shall submit to
the congressional defense committees a report on conversions
made during fiscal year 2007 not later than 180 days after the
enactment of this Act.
(2) Matters covered.--The report shall include the
following:
(A) The number of military medical or dental
positions, by grade or band and specialty, converted to
civilian medical or dental positions.
(B) The results of a market survey in each affected
area of the availability of civilian medical and dental
care providers in such area in order to determine
whether there were civilian medical and dental care
providers available in such area adequate to fill the
civilian positions created by the conversion of military
medical and dental positions to civilian positions in
such area.
(C) An analysis, by affected area, showing the
extent to which access to health care and cost of health
care was affected in both the direct care and purchased
care systems, including an assessment of the effect of
any increased shifts in patient load from the direct
care to the purchased care system, or any delays in
receipt of care in either the direct or purchased care
system because of the conversions.
(D) The extent to which military medical and dental
positions converted to civilian medical or dental
positions affected recruiting and retention of uniformed
medical and dental personnel.
(E) A comparison of the full costs for the military
medical and dental positions converted with the full
costs
[[Page 122 STAT. 199]]
for civilian medical and dental positions, including
expenses such as recruiting, salary, benefits, training,
and any other costs the Department identifies.
(F) An assessment showing that the military medical
or dental positions converted were in excess of the
military medical and dental positions needed to meet
medical and dental readiness requirements of the
uniformed services, as determined jointly by all the
uniformed services.
(d) Definitions.--In this section:
(1) The term ``military medical or dental position'' means a
position for the performance of health care functions within the
Armed Forces held by a member of the Armed Forces.
(2) The term ``civilian medical or dental position'' means a
position for the performance of health care functions within the
Department of Defense held by an employee of the Department or
of a contractor of the Department.
(3) The term ``uniformed services'' has the meaning given
that term in section 1072(1) of title 10, United States Code.
(4) The term ``conversion'', with respect to a military
medical or dental position, means a change of the position to a
civilian medical or dental position, effective as of the date of
the manning authorization document of the military department
making the change (through a change in designation from military
to civilian in the document, the elimination of the listing of
the position as a military position in the document, or through
any other means indicating the change in the document or
otherwise).
(e) Repeal.--Section 742 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2306) <<NOTE: 10 USC 129c note.>> is repealed.
SEC. 722. <<NOTE: 10 USC 176 note.>> ESTABLISHMENT OF JOINT PATHOLOGY
CENTER.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense proposed to disestablish all
elements of the Armed Forces Institute of Pathology, except the
National Medical Museum and the Tissue Repository, as part of
the recommendations of the Secretary for the closure of Walter
Reed Army Medical Center in the 2005 round of defense base
closure and realignment.
(2) The Defense Base Closure and Realignment Commission
altered, but did not reject, the proposal of the Secretary of
Defense to disestablish the Armed Forces Institute of Pathology.
(3) The Commission's recommendation that the Armed Forces
Institute of Pathology's ``capabilities not specified in this
recommendation will be absorbed into other DOD, Federal, or
civilian facilities'' provides the flexibility to retain a Joint
Pathology Center as a Department of Defense or Federal entity.
(b) Sense of Congress.--It is the sense of Congress that the Armed
Forces Institute of Pathology has provided important medical benefits to
the Armed Forces and to the United States and that the Federal
Government should retain a Joint Pathology Center.
(c) <<NOTE: President.>> Establishment.--
(1) Establishment required.--The President shall establish
and maintain a Joint Pathology Center that shall function as the
reference center in pathology for the Federal Government.
[[Page 122 STAT. 200]]
(2) Establishment within dod.--Except as provided in
paragraph (3), the Joint Pathology Center shall be established
in the Department of Defense, consistent with the final
recommendations of the 2005 Defense Base Closure and Realignment
Commission, as approved by the President.
(3) <<NOTE: Deadline.>> Establishment in another
department.--If the President makes a determination, within 180
days after the date of the enactment of this Act, that the Joint
Pathology Center cannot be established in the Department of
Defense, the Joint Pathology Center shall be established as an
element of a Federal agency other than the Department of
Defense. The President shall incorporate the selection of such
agency into the determination made under this paragraph.
(d) Services.--The Joint Pathology Center shall provide, at a
minimum, the following:
(1) Diagnostic pathology consultation services in medicine,
dentistry, and veterinary sciences.
(2) Pathology education, to include graduate medical
education, including residency and fellowship programs, and
continuing medical education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the Tissue
Repository and, as appropriate, utilization of the Repository in
conducting the activities described in paragraphs (1) through
(3).
TITLE <<NOTE: Acquisition Improvement and Accountability Act of 2007.>>
VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
[[Page 122 STAT. 201]]
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
[[Page 122 STAT. 202]]
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
SEC. 800. <<NOTE: 10 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Acquisition Improvement and
Accountability Act of 2007''.
Subtitle A--Acquisition Policy and Management
SEC. 801. <<NOTE: 10 USC 2304 note.>> INTERNAL CONTROLS FOR
PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY
CERTAIN NON-DEFENSE AGENCIES.
(a) 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 covered non-defense agency shall, not later than
the date specified in paragraph (2), jointly--
(A) review--
(i) the procurement policies, procedures, and
internal controls of such covered non-defense
agency that are applicable to the procurement of
property and services on behalf of the Department
by such covered non-defense agency; and
(ii) the administration of such policies,
procedures, and internal controls; and
(B) determine in writing whether such covered 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 government-wide
acquisition contracts, of the covered non-defense agency. If
such separate reviews are conducted, the
[[Page 122 STAT. 203]]
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 <<NOTE: Deadline.>> 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.
(5) Termination of non-compliance determination.--If the
Inspector General of the Department of Defense and the Inspector
General of a covered non-defense agency determine, pursuant to
paragraph (1)(B), that a covered non-defense agency is not
compliant with defense procurement requirements, the Inspectors
General shall terminate such a determination effective on the
date on which the Inspectors General jointly--
(A) determine that the non-defense agency is
compliant with defense procurement requirements; and
(B) <<NOTE: Notification.>> notify the Secretary of
Defense of that determination.
(6) 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 this subsection, a determination by the
Inspector General of the Department of Defense under this
subsection shall be conclusive for the purposes of this section.
(b) Limitation on Procurements on Behalf of Department of Defense.--
(1) Except as provided in paragraph (2), an acquisition
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 excess of the simplified acquisition
threshold through a non-defense agency only if--
(A) in the case of a procurement by any non-defense
agency in any fiscal year, the head of the non-defense
agency has certified that the non-defense agency will
comply with defense procurement requirements for the
fiscal year;
(B) in the case of--
(i) a procurement by a covered non-defense
agency in a fiscal year for which a memorandum of
understanding is required by subsection (a)(4),
the Inspector General of the Department of Defense
and the Inspector General of the covered non-
defense agency have entered into such a memorandum
of understanding; or
(ii) a procurement by a covered non-defense
agency in a fiscal year following the Inspectors
General review and determination required by
subsection (a), the Inspectors General have
determined that a covered non-defense agency is
compliant with defense procurement requirements or
have terminated a prior determination of non-
compliance in accordance with subsection (a)(5);
and
[[Page 122 STAT. 204]]
(C) the procurement is not otherwise prohibited by
section 817 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364) or section 811 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163).
(2) Exception for procurements of necessary property and
services.--
(A) In general.--The limitation in paragraph (1)
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.
(B) Scope of particular exception.--A written
determination with respect to a non-defense agency under
subparagraph (A) shall apply to any category of
procurements through the non-defense agency that is
specified in the determination.
(c) Guidance on Interagency Contracting.--
(1) Requirement.--Not <<NOTE: Deadline.>> later than 180
days after the date of enactment of this Act, the Secretary of
Defense shall issue guidance on the use of interagency
contracting by the Department of Defense.
(2) Matters covered.--The guidance required by paragraph (1)
shall address the circumstances in which it is appropriate for
Department of Defense acquisition officials to procure goods or
services through a contract entered into by an agency outside
the Department of Defense. At a minimum, the guidance shall
address--
(A) the circumstances in which it is appropriate for
such acquisition officials to use direct acquisitions;
(B) the circumstances in which it is appropriate for
such acquisition officials to use assisted acquisitions;
(C) the circumstances in which it is appropriate for
such acquisition officials to use interagency
contracting to acquire items unique to the Department of
Defense and the procedures for approving such
interagency contracting;
(D) the circumstances in which it is appropriate for
such acquisition officials to use interagency
contracting to acquire items that are already being
provided under a contract awarded by the Department of
Defense;
(E) tools that should be used by such acquisition
officials to determine whether items are already being
provided under a contract awarded by the Department of
Defense; and
(F) procedures for ensuring that defense procurement
requirements are identified and communicated to outside
agencies involved in interagency contracting.
(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
[[Page 122 STAT. 205]]
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) 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.
(f) Definitions.--In this section:
(1) Non-defense agency.--The term ``non-defense agency''
means any department or agency of the Federal Government other
than the Department of Defense. Such term includes a covered
non-defense agency.
(2) Covered non-defense agency.--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.
(3) Government-wide acquisition contract.--The term
``government-wide acquisition contract'' means a task or
delivery order contract that--
(A) is entered into by a 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.
(4) Simplified acquisition threshold.--The term ``simplified
acquisition threshold'' has the meaning provided by section
2302(7) of title 10, United States Code.
(5) Interagency contracting.--The term ``interagency
contracting'' means the exercise of the authority under section
1535 of title 31, United States Code, or other statutory
authority, for Federal agencies to purchase goods and services
under contracts entered into or administered by other agencies.
(6) Acquisition official.--The term ``acquisition
official'', with respect to the Department of Defense, means--
(A) a contracting officer of the Department of
Defense; or
(B) any other Department of Defense official
authorized to approve a direct acquisition or an
assisted acquisition on behalf of the Department of
Defense.
(7) Direct acquisition.--The term ``direct acquisition'',
with respect to the Department of Defense, means the type of
interagency contracting through which the Department of Defense
orders an item or service from a government-wide acquisition
contract maintained by a non-defense agency.
(8) Assisted acquisition.--The term ``assisted
acquisition'', with respect to the Department of Defense, means
the type of interagency contracting through which acquisition
officials of a non-defense agency award a contract or task or
delivery
[[Page 122 STAT. 206]]
order for the procurement of goods or services on behalf of the
Department of Defense.
SEC. 802. <<NOTE: 10 USC 2410p note.>> LEAD SYSTEMS INTEGRATORS.
(a) <<NOTE: Effective dates. Contracts.>> Prohibitions on the Use
of Lead Systems Integrators.--
(1) Prohibition on new lead systems integrators.--Effective
October 1, 2010, the Department of Defense may not award a new
contract for lead systems integrator functions in the
acquisition of a major system to any entity that was not
performing lead systems integrator functions in the acquisition
of the major system prior to the date of the enactment of this
Act.
(2) Prohibition on lead systems integrators beyond low-rate
initial production.--Effective on the date of the enactment of
this Act, the Department of Defense may award a new contract for
lead systems integrator functions in the acquisition of a major
system only if--
(A) the major system has not yet proceeded beyond
low-rate initial production; or
(B) the Secretary of Defense determines in writing
that it would not be practicable to carry out the
acquisition without continuing to use a contractor to
perform lead systems integrator functions and that doing
so is in the best interest of the Department.
(3) Requirements relating to determinations.--A
determination under paragraph (2)(B)--
(A) shall specify the reasons why it would not be
practicable to carry out the acquisition without
continuing to use a contractor to perform lead systems
integrator functions (including a discussion of
alternatives, such as the use of the Department of
Defense workforce, or a system engineering and technical
assistance contractor);
(B) shall include a plan for phasing out the use of
contracted lead systems integrator functions over the
shortest period of time consistent with the interest of
the national defense;
(C) may not be delegated below the level of the
Under Secretary of Defense for Acquisition, Technology,
and Logistics; and
(D) shall be provided to the Committees on Armed
Services of the Senate and the House of Representatives
at least 45 days before the award of a contract pursuant
to the determination.
(b) Acquisition Workforce.--
(1) Requirement.--The Secretary of Defense shall ensure that
the acquisition workforce is of the appropriate size and skill
level necessary--
(A) to accomplish inherently governmental functions
related to acquisition of major systems; and
(B) to effectuate the purpose of subsection (a) to
minimize and eventually eliminate the use of contractors
to perform lead systems integrator functions.
(2) Report.--The Secretary shall include an update on the
progress made in complying with paragraph (1) in the annual
report required by section 820 of the John Warner
[[Page 122 STAT. 207]]
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2330).
(c) Exception for Contracts for Other Management Services.--The
Department of Defense may continue to award contracts for the
procurement of services the primary purpose of which is to perform
acquisition support functions with respect to the development or
production of a major system, if the following conditions are met with
respect to each such contract:
(1) The contract prohibits the contractor from performing
inherently governmental functions.
(2) The Department of Defense organization responsible for
the development or production of the major system ensures that
Federal employees are responsible for--
(A) determining courses of action to be taken in the
best interest of the government; and
(B) determining best technical performance for the
warfighter.
(3) The contract requires that the prime contractor for the
contract may not advise or recommend the award of a contract or
subcontract for the development or production of the major
system to an entity owned in whole or in part by the prime
contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead systems
integrator'' means--
(A) a prime contractor for the development or
production of a major system, if the prime contractor is
not expected at the time of award to perform a
substantial portion of the work on the system and the
major subsystems; or
(B) a prime contractor under a contract for the
procurement of services the primary purpose of which is
to perform acquisition functions closely associated with
inherently governmental functions with respect to the
development or production of a major system.
(2) Major system.--The term ``major system'' has the meaning
given such term in section 2302d of title 10, United States
Code.
(3) Low-rate initial production.--The term ``low-rate
initial production'' has the meaning given such term in section
2400 of title 10, United States Code.
SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS.
(a) <<NOTE: Deadline.>> Assessment Required.--Not later than 180
days after the date of the enactment of this Act, the Strategic
Materials Protection Board established pursuant to section 187 of title
10, United States Code, shall perform an assessment of the extent to
which domestic producers of strategic materials are investing and
planning to invest on a sustained basis in the processes,
infrastructure, workforce training, and facilities required for the
continued domestic production of such materials to meet national defense
requirements.
(b) Cooperation of Domestic Producers.--The Department of Defense
may take into consideration the degree of cooperation of any domestic
producer of strategic materials with the assessment conducted under
subsection (a) when determining how much weight to accord any comments
provided by such domestic producer
[[Page 122 STAT. 208]]
regarding a proposed waiver of domestic source limitations pursuant to
section 2533b of title 10, United States Code.
(c) Report to Congressional Defense Committees.--The Board shall
include the findings and recommendations of the assessment required by
subsection (a) in the first report submitted to Congress pursuant to
section 187(d) of title 10, United States Code, after the completion of
such assessment.
(d) Definition.--The term ``strategic material'' means--
(1) a material designated as critical to national security
by the Strategic Materials Protection Board in accordance with
section 187 of title 10, United States Code; or
(2) a specialty metal as defined by section 2533b of title
10, United States Code.
SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS
CRITICAL TO NATIONAL SECURITY.
(a) Prohibition.--Subsection (a) of section 2533b of title 10,
United States Code, is amended--
(1) by striking ``Except as provided in subsections (b)
through (j), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement of--''
and inserting ``Except as provided in subsections (b) through
(m), the acquisition by the Department of Defense of the
following items is prohibited:'';
(2) in paragraph (1)--
(A) by striking ``the following'' and inserting
``The following''; and
(B) by striking ``; or'' and inserting a period; and
(3) in paragraph (2), by striking ``a speciality'' and
inserting ``A specialty''.
(b) Applicability to Acquisition of Commercial Items.--Subsection
(h) of such section is amended to read as follows:
``(h) Applicability to Acquisitions of Commercial Items.--(1) Except
as provided in paragraphs (2) and (3), this section applies to
acquisitions of commercial items, notwithstanding sections 34 and 35 of
the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431).
``(2) This section does not apply to contracts or subcontracts for
the acquisition of commercially available off-the-shelf items, as
defined in section 35(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 431(c)), other than--
``(A) contracts or subcontracts for the acquisition of
specialty metals, including mill products, such as bar, billet,
slab, wire, plate and sheet, that have not been incorporated
into end items, subsystems, assemblies, or components;
``(B) contracts or subcontracts for the acquisition of
forgings or castings of specialty metals, unless such forgings
or castings are incorporated into commercially available off-
the-shelf end items, subsystems, or assemblies;
``(C) contracts or subcontracts for commercially available
high performance magnets unless such high performance magnets
are incorporated into commercially available off-the-shelf-end
items or subsystems; and
``(D) contracts or subcontracts for commercially available
off-the-shelf fasteners, unless such fasteners are--
[[Page 122 STAT. 209]]
``(i) incorporated into commercially available off-
the-shelf end items, subsystems, assemblies, or
components; or
``(ii) purchased as provided in paragraph (3).
``(3) This section does not apply to fasteners that are commercial
items that are purchased under a contract or subcontract with a
manufacturer of such fasteners, if the manufacturer has certified that
it will purchase, during the relevant calendar year, an amount of
domestically melted specialty metal, in the required form, for use in
the production of such fasteners for sale to the Department of Defense
and other customers, that is not less than 50 percent of the total
amount of the specialty metal that it will purchase to carry out the
production of such fasteners.''.
(c) Electronic Components.--Subsection (g) of such section is
amended by striking ``commercially available'' and all that follows
through the end of the subsection and inserting ``electronic components,
unless the Secretary of Defense, upon the recommendation of the
Strategic Materials Protection Board pursuant to section 187 of this
title, determines that the domestic availability of a particular
electronic component is critical to national security.''.
(d) Additional Exceptions.--Section 2533b of title 10, United States
Code, as amended by subsections (a), (b), and (c), is further amended--
(1) by redesignating subsections (i) and (j) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (h) the following new
subsections:
``(i) Exceptions for Purchases of Specialty Metals Below Minimum
Threshold.--(1) Notwithstanding subsection (a), the Secretary of Defense
or the Secretary of a military department may accept delivery of an item
containing specialty metals that were not melted in the United States if
the total amount of noncompliant specialty metals in the item does not
exceed 2 percent of the total weight of specialty metals in the item.
``(2) This subsection does not apply to high performance magnets.
``(j) Streamlined Compliance for Commercial Derivative Military
Articles.--(1) Subsection (a) shall not apply to an item acquired under
a prime contract if the Secretary of Defense or the Secretary of a
military department determines that--
``(A) the item is a commercial derivative military article;
and
``(B) <<NOTE: Certification.>> the contractor certifies
that the contractor and its subcontractors have entered into a
contractual agreement, or agreements, to purchase an amount of
domestically melted specialty metal in the required form, for
use during the period of contract performance in the production
of the commercial derivative military article and the related
commercial article, that is not less than the greater of--
``(i) an amount equivalent to 120 percent of the
amount of specialty metal that is required to carry out
the production of the commercial derivative military
article (including the work performed under each
subcontract); or
``(ii) an amount equivalent to 50 percent of the
amount of specialty metal that is purchased by the
contractor and
[[Page 122 STAT. 210]]
its subcontractors for use during such period in the
production of the commercial derivative military article
and the related commercial article.
``(2) For the purposes of this subsection, the amount of specialty
metal that is required to carry out the production of the commercial
derivative military article includes specialty metal contained in any
item, including commercially available off-the-shelf items, incorporated
into such commercial derivative military article.
``(k) <<NOTE: Determination.>> National Security Waiver.--(1)
Notwithstanding subsection (a), the Secretary of Defense may accept the
delivery of an end item containing noncompliant materials if the
Secretary determines in writing that acceptance of such end item is
necessary to the national security interests of the United States.
``(2) A written determination under paragraph (1)--
``(A) may not be delegated below the level of the Deputy
Secretary of Defense or the Under Secretary of Defense for
Acquisition, Technology, and Logistics;
``(B) shall specify the quantity of end items to which the
waiver applies and the time period over which the waiver
applies; and
``(C) shall be provided to the congressional defense
committees prior to making such a determination (except that in
the case of an urgent national security requirement, such
certification may be provided to the defense committees up to 7
days after it is made).
``(3)(A) In any case in which the Secretary makes a determination
under paragraph (1), the Secretary shall determine whether or not the
noncompliance was knowing and willful.
``(B) If the Secretary determines that the noncompliance was not
knowing or willful, the Secretary shall ensure that the contractor or
subcontractor responsible for the noncompliance develops and implements
an effective plan to ensure future compliance.
``(C) If the Secretary determines that the noncompliance was knowing
or willful, the Secretary shall--
``(i) require the development and implementation of a plan
to ensure future compliance; and
``(ii) consider suspending or debarring the contractor or
subcontractor until such time as the contractor or subcontractor
has effectively addressed the issues that lead to such
noncompliance.''.
(e) Additional Definitions.--Subsection (m) of section 2533b of
title 10, United States Code, as redesignated by subsection (c), is
further amended by adding at the end the following:
``(3) The term `acquisition' has the meaning provided in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
``(4) The term `required form' shall not apply to end items
or to their components at any tier. The term `required form'
means in the form of mill product, such as bar, billet, wire,
slab, plate or sheet, and in the grade appropriate for the
production of--
``(A) a finished end item delivered to the
Department of Defense; or
``(B) a finished component assembled into an end
item delivered to the Department of Defense.
[[Page 122 STAT. 211]]
``(5) The term `commercially available off-the-shelf', has
the meaning provided in section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c)).
``(6) The term `assemblies' means items forming a portion of
a system or subsystem that can be provisioned and replaced as an
entity and which incorporates multiple, replaceable parts.
``(7) The term `commercial derivative military article'
means an item procured by the Department of Defense that is or
will be produced using the same production facilities, a common
supply chain, and the same or similar production processes that
are used for the production of articles predominantly used by
the general public or by nongovernmental entities for purposes
other than governmental purposes.
``(8) The term `subsystem' means a functional grouping of
items that combine to perform a major function within an end
item, such as electrical power, attitude control, and
propulsion.
``(9) The term `end item' means the final production product
when assembled or completed, and ready for issue, delivery, or
deployment.
``(10) The term `subcontract' includes a subcontract at any
tier.''.
(f) Conforming Amendments.--Section 2533b of title 10, United States
Code, is further amended--
(1) in subsection (c)--
(A) in the heading, by striking ``Procurements'' and
inserting ``Acquisitions''; and
(B) in paragraphs (1) and (2), by striking
``Procurements'' and inserting ``Acquisitions'';
(2) in subsection (d), by striking ``procurement'' each
place it appears and inserting ``acquisition''; and
(3) in subsections (f) and (g), by striking ``procurements''
each place it appears and inserting ``acquisitions''.
(g) <<NOTE: Deadline. Regulations. 10 USC 2533b note.>>
Implementation.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall prescribe regulations on the
implementation of this section and the amendments made by this section,
including specific guidance on how thresholds established in subsections
(h)(3), (i) and (j) of section 2533b of title 10, United States Code, as
amended by this section, should be implemented.
(h) <<NOTE: Deadline. 10 USC 2533b note.>> Revision of Domestic
Nonavailability Determinations and Rules.--No later than 180 days after
the date of the enactment of this Act, any domestic nonavailability
determination under section 2533b of title 10, United States Code,
including a class deviation, or rules made by the Department of Defense
between December 6, 2006, and the date of the enactment of this Act,
shall be reviewed and amended, as necessary, to comply with the
amendments made by this section. This requirement shall not apply to a
domestic nonavailability determination that applies to--
(1) an individual contract that was entered into before the
date of the enactment of this Act; or
(2) an individual Department of Defense program, except to
the extent that such domestic nonavailability determination
applies to contracts entered into after the date of the
enactment of this Act.
(i) <<NOTE: Deadlines. Reports.>> Transparency Requirement for
Commercially Available Off-the-Shelf Item Exception.--The Secretary of
Defense
[[Page 122 STAT. 212]]
shall submit to the Committees on Armed Services of the Senate and House
of Representatives, not later than December 30, 2008, a report on the
use of authority provided under subsection (h) of section 2533b of title
10, United States Code, as amended by this section. Such report shall
include, at a minimum, a description of types of items being procured as
commercially available off-the-shelf items under such subsection and
incorporated into noncommercial items. The Secretary shall submit an
update of such report to such committees not later than December 30,
2009.
SEC. 805. <<NOTE: 10 USC 2330 note. Deadline.>> PROCUREMENT OF
COMMERCIAL SERVICES.
(a) Regulations Required.--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 for the procurement of
commercial services for or on behalf of the Department of Defense.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The regulations
modified pursuant to subsection (a) shall ensure that services
that are not offered and sold competitively in substantial
quantities in the commercial marketplace, but are of a type
offered and sold competitively in substantial quantities in the
commercial marketplace, may be treated as commercial items for
purposes of section 2306a of title 10, United States Code
(relating to truth in negotiations), only if the contracting
officer determines in writing that the offeror has submitted
sufficient information to evaluate, through price analysis, the
reasonableness of the price for such services.
(2) Information submitted.--To the extent necessary to make
a determination under paragraph (1), the contracting officer may
request the offeror to submit--
(A) prices paid for the same or similar commercial
items under comparable terms and conditions by both
government and commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not
sufficient to determine the reasonableness of price,
other relevant information regarding the basis for price
or cost, including information on labor costs, material
costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations modified
pursuant to subsection (a) shall ensure that procedures
applicable to time-and-materials contracts and labor-hour
contracts for commercial item acquisitions may be used only for
the following:
(A) 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)).
(B) Emergency repair services.
(C) Any other commercial services only to the extent
that the head of the agency concerned approves a
determination in writing by the contracting officer
that--
(i) the services to be acquired are commercial
services as defined in section 4(12)(F) of the
Office of Federal Procurement Policy Act (41
U.S.C. 403(12)(F));
[[Page 122 STAT. 213]]
(ii) if the services to be acquired are
subject to subsection (b), the offeror of the
services has submitted sufficient information in
accordance with that subsection;
(iii) such services are commonly sold to the
general public through use of time-and-materials
or labor-hour contracts; and
(iv) the use of a time-and-materials or labor-
hour contract type is in the best interest of the
Government.
(2) Non-commercial item acquisitions.--Nothing in this
subsection shall be construed to preclude the use of procedures
applicable to time-and-materials contracts and labor-hour
contracts for non-commercial item acquisitions for the
acquisition of any category of services.
SEC. 806. <<NOTE: 10 USC 221 note.>> 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 2009 shall
identify clearly and separately the amounts requested in each budget
account for the procurement of contract services.
(b) Information Provided.--For each budget account, the materials
submitted shall clearly identify--
(1) the amount requested for each Department of Defense
component, installation, or activity; and
(2) the amount requested for each type of service to be
provided.
(c) 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. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES.
(a) Inventory Requirement.--Section 2330a of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (g);
(2) by striking subsection (c) and inserting the following:
``(c) <<NOTE: Deadline.>> Inventory.--(1) Not later than the end of
the third quarter of each fiscal year, the Secretary of Defense shall
submit to Congress an annual inventory of the activities performed
during the preceding fiscal year pursuant to contracts for services for
or on behalf of the Department of Defense. The entry for an activity on
an inventory under this subsection shall include, for the fiscal year
covered by such entry, the following:
``(A) The functions and missions performed by the
contractor.
``(B) The contracting organization, the component of the
Department of Defense administering the contract, and the
organization whose requirements are being met through contractor
performance of the function.
``(C) The funding source for the contract under which the
function is performed by appropriation and operating agency.
``(D) The fiscal year for which the activity first appeared
on an inventory under this section.
``(E) The number of full-time contractor employees (or its
equivalent) paid for the performance of the activity.
[[Page 122 STAT. 214]]
``(F) A determination whether the contract pursuant to which
the activity is performed is a personal services contract.
``(G) A summary of the data required to be collected for the
activity under subsection (a).
``(2) The inventory required under this subsection shall be
submitted in unclassified form, but may include a classified annex.
``(d) <<NOTE: Deadline. Federal Register, publication.>> Public
Availability of Inventories.--Not later than 30 days after the date on
which an inventory under subsection (c) is required to be submitted to
Congress, the Secretary shall--
``(1) make the inventory available to the public; and
``(2) publish in the Federal Register a notice that the
inventory is available to the public.
``(e) <<NOTE: Deadline.>> Review and Planning Requirements.--Within
90 days after the date on which an inventory is submitted under
subsection (c), the Secretary of the military department or head of the
Defense Agency responsible for activities in the inventory shall--
``(1) review the contracts and activities in the inventory
for which such Secretary or agency head is responsible;
``(2) ensure that--
``(A) 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;
``(B) the activities on the list do not include any
inherently governmental functions; and
``(C) to the maximum extent practicable, the
activities on the list do not include any functions
closely associated with inherently governmental
functions;
``(3) identify activities that should be considered for
conversion--
``(A) to performance by civilian employees of the
Department of Defense pursuant to section 2463 of this
title; or
``(B) to an acquisition approach that would be more
advantageous to the Department of Defense; and
``(4) develop a plan to provide for appropriate
consideration of the conversion of activities identified under
paragraph (3) within a reasonable period of time.
``(f) Rule of Construction.--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 law other
than this section.''; and
(3) by adding at the end of subsection (g) (as so
redesignated) the following new paragraphs:
``(3) Function closely associated with inherently
governmental functions.--The term `function closely associated
with inherently governmental functions' has the meaning given
that term in section 2383(b)(3) of this title.
``(4) Inherently governmental functions.--The term
`inherently governmental functions' has the meaning given that
term in section 2383(b)(2) of this title.
``(5) Personal services contract.--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
[[Page 122 STAT. 215]]
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.''.
(b) <<NOTE: 10 USC 2330a note.>> Effective Date.--
(1) The amendments made by subsection (a) shall be effective
upon the date of the enactment of this Act.
(2) <<NOTE: Deadline.>> The first inventory required by
section 2330a(c) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than the end of the
third quarter of fiscal year 2008.
SEC. 808. <<NOTE: 10 USC 2330 note.>> INDEPENDENT MANAGEMENT REVIEWS OF
CONTRACTS FOR SERVICES.
(a) <<NOTE: Deadline.>> Guidance and Instructions.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation instructions,
for the Department of Defense to provide for periodic independent
management reviews of contracts for services. The independent management
review guidance and instructions issued pursuant to this subsection
shall be designed to evaluate, at a minimum--
(1) contract performance in terms of cost, schedule, and
requirements;
(2) the use of contracting mechanisms, including the use of
competition, the contract structure and type, the definition of
contract requirements, cost or pricing methods, the award and
negotiation of task orders, and management and oversight
mechanisms;
(3) the contractor's use, management, and oversight of
subcontractors;
(4) the staffing of contract management and oversight
functions; and
(5) the extent of any pass-throughs, and excessive pass-
through charges (as defined in section 852 of the John Warner
National Defense Authorization Act for Fiscal Year 2007), by the
contractor.
(b) Additional Subject of Review.--In addition to the matters
required by subsection (a), the guidance and instructions issued
pursuant to subsection (a) shall provide for procedures for the periodic
review of contracts under which one contractor provides oversight for
services performed by other contractors. In particular, the procedures
shall be designed to evaluate, at a minimum--
(1) the extent of the agency's reliance on the contractor to
perform acquisition functions closely associated with inherently
governmental functions as defined in section 2383(b)(3) of title
10, United States Code; and
(2) the financial interest of any prime contractor
performing acquisition functions described in paragraph (1) in
any contract or subcontract with regard to which the contractor
provided advice or recommendations to the agency.
(c) Elements.--The guidance and instructions issued pursuant to
subsection (a) shall address, at a minimum--
(1) the contracts subject to independent management reviews,
including any applicable thresholds and exceptions;
(2) the frequency with which independent management reviews
shall be conducted;
[[Page 122 STAT. 216]]
(3) the composition of teams designated to perform
independent management reviews;
(4) any phase-in requirements needed to ensure that
qualified staff are available to perform independent management
reviews;
(5) procedures for tracking the implementation of
recommendations made by independent management review teams; and
(6) procedures for developing and disseminating lessons
learned from independent management reviews.
(c) Reports.--
(1) Report on guidance and instruction.--Not later than 270
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 guidance and instructions issued
pursuant to subsection (a).
(2) GAO report on implementation.--Not later than two years
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 the implementation of the
guidance and instructions issued pursuant to subsection (a).
SEC. 809. <<NOTE: 10 USC 2326 note.>> IMPLEMENTATION AND ENFORCEMENT OF
REQUIREMENTS APPLICABLE TO UNDEFINITIZED CONTRACTUAL
ACTIONS.
(a) <<NOTE: Deadline.>> Guidance and Instructions.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation instructions,
for the Department of Defense to ensure the implementation and
enforcement of requirements applicable to undefinitized contractual
actions.
(b) Elements.--The guidance and instructions issued pursuant to
subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds) for the use
of undefinitized contractual actions;
(3) procedures for ensuring that timelines for the
definitization of undefinitized contractual actions are met;
(4) procedures for ensuring compliance with regulatory
limitations on the obligation of funds pursuant to undefinitized
contractual actions;
(5) procedures for ensuring compliance with regulatory
limitations on profit or fee with respect to costs incurred
before the definitization of an undefinitized contractual
action; and
(6) reporting requirements for undefinitized contractual
actions that fail to meet required timelines for definitization
or fail to comply with regulatory limitations on the obligation
of funds or on profit or fee.
(c) Reports.--
(1) Report on guidance and instructions.--Not later than 210
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 guidance and instructions issued
pursuant to subsection (a).
[[Page 122 STAT. 217]]
(2) GAO report.--Not later than two years 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 the extent to which the guidance and instructions
issued pursuant to subsection (a) have resulted in improvements
to--
(A) the level of insight that senior Department of
Defense officials have into the use of undefinitized
contractual actions;
(B) the appropriate use of undefinitized contractual
actions;
(C) the timely definitization of undefinitized
contractual actions; and
(D) the negotiation of appropriate profits and fees
for undefinitized contractual actions.
SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL
OPERATIONS COMMAND.
Section 167(e)(4) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C)(i) The staff of the commander shall include a command
acquisition executive, who shall be responsible for the overall
supervision of acquisition matters for the special operations command.
The command acquisition executive shall have the authority to--
``(I) negotiate memoranda of agreement with the military
departments to carry out the acquisition of equipment, material,
supplies, and services described in subparagraph (A) on behalf
of the command;
``(II) supervise the acquisition of equipment, material,
supplies, and services described in subparagraph (A), regardless
of whether such acquisition is carried out by the command, or by
a military department pursuant to a delegation of authority by
the command;
``(III) represent the command in discussions with the
military departments regarding acquisition programs for which
the command is a customer; and
``(IV) work with the military departments to ensure that the
command is appropriately represented in any joint working group
or integrated product team regarding acquisition programs for
which the command is a customer.
``(ii) The command acquisition executive of the special operations
command shall be included on the distribution list for acquisition
directives and instructions of the Department of Defense.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS FOR THE
PROCUREMENT OF MAJOR SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Additional Requirements Applicable to Multiyear Contracts.--
Section 2306b of title 10, United States Code, is amended as follows:
[[Page 122 STAT. 218]]
(1) Subsection (a) of such section is amended by adding at
the end the following new paragraph:
``(7) In the case of a contract in an amount equal to or
greater than $500,000,000, that the conditions required by
subparagraphs (C) through (F) of paragraph (1) of subsection (i)
will be met, in accordance with the Secretary's certification
and determination under such subsection, by such contract.''.
(2) <<NOTE: Certification. Deadline.>> Subsection (i)(1) of
such section is amended by inserting after ``unless'' the
following: ``the Secretary of Defense certifies in writing by no
later than March 1 of the year in which the Secretary requests
legislative authority to enter into such contract that''.
(3) Subsection (i)(1) of such section is further amended--
(A) by redesignating subparagraph (B) as
subparagraph (G); and
(B) by striking subparagraph (A) and inserting the
following:
``(A) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of subsection (a)
will be met by such contract and has provided the basis for such
determination to the congressional defense committees.
``(B) The Secretary's determination under subparagraph (A)
was made after the completion of a cost analysis performed by
the Cost Analysis Improvement Group of the Department of Defense
and such analysis supports the findings.
``(C) The system being acquired pursuant to such contract
has not been determined to have experienced cost growth in
excess of the critical cost growth threshold pursuant to section
2433(d) of this title within 5 years prior to the date the
Secretary anticipates such contract (or a contract for advance
procurement entered into consistent with the authorization for
such contract) will be awarded.
``(D) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most current estimates of the program acquisition unit cost
or procurement unit cost for such system to determine that
current estimates of such unit costs are realistic.
``(E) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program for such fiscal year will include the funding required
to execute the program without cancellation.
``(F) The contract is a fixed price type contract.''.
(4) Subsection (i) of such section is further amended by
adding at the end the following new paragraphs:
``(5) The Secretary may make the certification under paragraph (1)
notwithstanding the fact that one or more of the conditions of such
certification are not met if the Secretary determines that, due to
exceptional circumstances, proceeding with a multiyear contract under
this section is in the best interest of the Department of Defense and
the Secretary provides the basis for such determination with the
certification.
``(6) The Secretary of Defense may not delegate the authority to
make the certification under paragraph (1) or the determination under
paragraph (5) to an official below the level of Under Secretary of
Defense for Acquisition, Technology, and Logistics.
[[Page 122 STAT. 219]]
``(7) <<NOTE: Notification. Deadline.>> The Secretary of Defense
shall send a notification containing the findings of the agency head
under subsection (a), and the basis for such findings, 30 days prior to
the award of a multiyear contract for a defense acquisition program that
has been specifically authorized by law.''.
(5) Such section is further amended by adding at the end the
following new subsection:
``(m) Increased Funding and Reprogramming Requests.--Any request for
increased funding for the procurement of a major system under a
multiyear contract authorized under this section shall be accompanied by
an explanation of how the request for increased funding affects the
determinations made by the Secretary under subsection (i).''.
(b) <<NOTE: Effective date. 10 USC 2306b note.>> Applicability.--
The amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply with respect to multiyear
contracts for the purchase of major systems for which legislative
authority is requested on or after that date.
SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.
Section 2366a of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Certification.--A major defense acquisition program may not
receive Milestone B approval, or Key Decision Point B approval in the
case of a space program, until the milestone decision authority--
``(1) has received a business case analysis and certifies on
the basis of the analysis that--
``(A) the program is affordable when considering the
ability of the Department of Defense to accomplish the
program's mission using alternative systems;
``(B) the program is affordable when considering the
per unit cost and the total acquisition cost in the
context of the total resources available during the
period covered by the future-years defense program
submitted during the fiscal year in which the
certification is made;
``(C) reasonable cost and schedule estimates have
been developed to execute the product development and
production plan under the program; and
``(D) funding is available to execute the product
development and production plan under the program,
through the period covered by the future-years defense
program submitted during the fiscal year in which the
certification is made, consistent with the estimates
described in subparagraph (C) for the program; and
``(2) further certifies that--
``(A) appropriate market research has been conducted
prior to technology development to reduce duplication of
existing technology and products;
``(B) the Department of Defense has completed an
analysis of alternatives with respect to the program;
``(C) the Joint Requirements Oversight Council has
accomplished its duties with respect to the program
pursuant to section 181(b) of this title, including an
analysis of the operational requirements for the
program;
``(D) the technology in the program has been
demonstrated in a relevant environment;
[[Page 122 STAT. 220]]
``(E) the program demonstrates a high likelihood of
accomplishing its intended mission; and
``(F) the program complies with all relevant
policies, regulations, and directives of the Department
of Defense.'';
(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) <<NOTE: Notification.>> 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--
``(A) alter the substantive basis for the certification of
the milestone decision authority relating to any component of
such certification specified in paragraph (1) or (2) of
subsection (a); or
``(B) otherwise cause the program to 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
certification or approval is no longer valid.'';
(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) A summary of any information provided to the milestone
decision authority pursuant to subsection (b) and a description of the
actions taken as a result of such information shall be submitted with
the first Selected Acquisition Report submitted under section 2432 of
this title after receipt of such information by the milestone decision
authority.'';
(5) in subsection (d), as so redesignated--
(A) by striking ``authority may waive'' and
inserting the following: ``authority may, at the time of
Milestone B approval (or Key Decision Point B approval
in the case of a space program) or at the time that such
milestone decision authority withdraws a certification
or rescinds Milestone B approval (or Key Decision Point
B approval in the case of a space program) pursuant to
subsection (b)(2), waive''; and
(B) by striking ``paragraph (1), (2), (3), (4), (5),
(6), (7), (8), or (9)'' and inserting ``paragraph (1) or
(2)''; and
(6) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 813. 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.
[[Page 122 STAT. 221]]
(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) Revising the acquisition process for major defense
acquisition programs by establishing shorter, more frequent
acquisition program milestones.
(2) Requiring certifications of program status to the
defense acquisition executive and Congress prior to milestone
approval for major defense acquisition programs.
(3) 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.
(4) 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.
(5) 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.
(6) Modifying the role played by chiefs of staff of the
Armed Forces in the requirements, resource allocation, and
acquisition processes.
(7) Establishing a process in which the commanders of
combatant commands assess, and provide input on, the
capabilities needed to successfully accomplish the missions in
the operational and contingency plans of their commands over a
long-term planning horizon of 15 years or more, taking into
account expected changes in threats, the geo-political
environment, and doctrine, training, and operational concepts.
(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) Senior military officers involved in setting
requirements for the joint staff, the Armed Forces, and the
combatant commands currently serving in the Department of
Defense.
(3) Individuals who formerly served as senior acquisition
officials in the Department of Defense.
(4) 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.
(5) Other experts on the acquisition of major weapon
systems.
(6) Appropriate experts in the Government Accountability
Office.
[[Page 122 STAT. 222]]
SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON
NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Measurement of Percentage at Contract Award.--Section
2306a(b)(3)(A) of title 10, United States Code, is amended by inserting
after ``total price of the contract'' the following: ``(at the time of
contract award)''.
(b) 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. 815. 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) in subsection (a)--
(i) by redesignating paragraph (2) as
paragraph (3);
(ii) in paragraph (1)(B), by striking ``and''
at the end; and
(iii) by inserting after paragraph (1), the
following:
``(2) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such system; and'';
(B) 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 (other than a commercially available off-the-shelf
item as defined in section 35(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 431(c))) 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); or
``(2) the contracting officer determines in writing 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 offeror has submitted sufficient
information to evaluate, through price analysis, the
reasonableness of the price for such subsystem.'';
(C) by redesignating subsections (c) and (d) as
subsections (e) and (f), respectively; and
(D) by inserting after subsection (b) the following
new subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial Items.--
(1) A component or spare part for a major weapon system (other than a
commercially available off-the-shelf item as defined in section 35(c) of
the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))) may be
treated as a commercial item for the purposes of section 2306a of this
title only if--
[[Page 122 STAT. 223]]
``(A) the component or spare part is intended for--
``(i) 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
``(ii) 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
``(B) the contracting officer determines in writing that--
``(i) the component or spare part 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
``(ii) the offeror has submitted sufficient
information to evaluate, through price analysis, the
reasonableness of the price for such component or spare
part.
``(2) This subsection shall apply only to components and spare parts
that are acquired by the Department of Defense through a prime contract
or a modification to a prime contract (or through a subcontract under a
prime contract or modification to a prime contract on which the prime
contractor adds no, or negligible, value).
``(d) Information Submitted.--To the extent necessary to make a
determination under subsection (a)(2), (b)(2), or (c)(1)(B), the
contracting officer may request the offeror to submit--
``(1) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers; and
``(2) if the contracting officer determines that the
information described in paragraph (1) is not sufficient to
determine the reasonableness of price, other relevant
information regarding the basis for price or cost, including
information on labor costs, material costs, and overhead
rates.''.
(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 commercially
available off-the-shelf item as defined in section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c)))''.
(b) <<NOTE: Deadline. Regulations. 10 USC 2302 note.>> 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 Federal Government or a State, local, or foreign
government.
SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Annual Review.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall conduct an annual review of systemic
deficiencies in the major defense acquisition programs of the Department
of Defense for each fiscal year in which three or more major defense
acquisition programs--
(1) experience a critical cost growth threshold breach;
(2) have a section 2366a certification withdrawn; or
[[Page 122 STAT. 224]]
(3) have a Milestone A approval or Key Decision Point A
approval rescinded, by the milestone decision authority under
subsection (b) of section 2366b of title 10, United States Code,
as added by section 943 of this Act.
(b) Content of Review.--The review conducted under subsection (a)
shall--
(1) identify common factors, including any systemic
deficiencies in the budget, requirements, and acquisition
policies and practices, that may have contributed to problems
with major defense acquisition programs covered by the criteria
in subsection (a);
(2) assess the adequacy of corrective actions taken or to be
taken to address cost growth or other performance deficiencies
in programs covered by the criteria in subsection (a); and
(3) make recommendations for any changes in budget,
requirements, and acquisition policies and practices that may be
appropriate to avoid similar problems with major defense
acquisition programs in the future.
(c) Definitions.--In this section:
(1) Critical cost growth threshold breach.--The term
``critical cost growth threshold breach'' means a determination
under section 2433(d) of title 10, United States Code, by the
Secretary of a military department with respect to a major
defense acquisition program that the program acquisition unit
cost has increased by a percentage equal to or greater than the
critical cost growth threshold or that the procurement unit cost
has increased by a percentage equal to or greater than the
critical cost growth threshold.
(2) Section 2366a certification.--The term ``section 2366a
certification'' means a certification with respect to a major
defense acquisition program under section 2366a(a) of title 10,
United States Code, by the milestone decision authority.
(d) Report.--Not later than July 15, 2008, and not later than August
15 of each year from 2009 through 2012, the Secretary of Defense shall
submit to the congressional defense committees a report on the results
of the annual review conducted (if any) for the preceding fiscal year
under subsection (a).
(e) Sunset.--The requirement to conduct an annual review under
subsection (a) shall terminate on September 30, 2012.
SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required.--Not later than May 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report on
the strategies of the Department of Defense for balancing the allocation
of funds and other resources among major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the ability of the organizations, policies, and procedures
of the Department of Defense to provide for--
(1) establishing priorities among needed capabilities under
major defense acquisition programs, and assessing the resources
(including funds, technologies, time, and personnel) needed to
achieve such capabilities;
(2) balancing the cost, schedule, and requirements of major
defense acquisition programs, including those within the same
[[Page 122 STAT. 225]]
functional or mission area, to ensure the most efficient use of
resources; and
(3) ensuring 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) Changes in Law.--The report required by subsection (a) shall, to
the maximum extent practicable, include a discussion of any changes in
the budget, acquisition, and requirements processes of the Department of
Defense undertaken as a result of changes in law pursuant to any section
in this Act.
(e) 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, policies, and procedures described in the report.
SEC. 818. 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
[[Page 122 STAT. 226]]
(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 C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. <<NOTE: 10 USC 2304 note.>> PLAN FOR RESTRICTING GOVERNMENT-
UNIQUE CONTRACT CLAUSES ON COMMERCIAL CONTRACTS.
(a) Plan.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall develop and implement a plan to minimize
the number of government-unique contract clauses used in commercial
contracts by restricting the clauses to the following:
(1) Government-unique clauses authorized by law or
regulation.
(2) Any additional clauses that are relevant and necessary
to a specific contract.
(b) Commercial Contract.--In this section:
(1) The term ``commercial contract'' means a contract
awarded by the Federal Government for the procurement of a
commercial item.
(2) The term ``commercial item'' has the meaning provided by
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)).
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) Extension.--Section 4202(e) of the Clinger-Cohen Act of 1996
(division D of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note)
is amended by striking ``January 1, 2008'' and inserting ``January 1,
2010''.
(b) Report.--Not later than March 1, 2008, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the use by the Department of Defense of the
authority provided by section 4202(e) of the Clinger-Cohen Act of 1996
(10 U.S.C. 2304 note). The report shall include, at a minimum, the
following:
(1) Summary data on the use of the authority.
(2) Specific examples of the use of the authority.
(3) An evaluation of potential benefits and costs of
extending the authority after January 1, 2010.
SEC. 823. 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''.
[[Page 122 STAT. 227]]
SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN
REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO VESSELS,
AIRCRAFT, AND COMBAT VEHICLES.
Section 2401(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) In the case of a contract described in subsection (a)(1)(B),
the commander of the special operations command may make a contract
without regard to this subsection if--
``(A) funds are available and obligated for the full cost of
the contract (including termination costs) on or before the date
the contract is awarded;
``(B) <<NOTE: Certification.>> the Secretary of Defense
submits to the congressional defense committees a certification
that there is no alternative for meeting urgent operational
requirements other than making the contract; and
``(C) a period of 30 days of continuous session of Congress
has expired following the date on which the certification was
received by such committees.''.
SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED
COMBATANT COMMAND FOR JOINT WARFIGHTING.
(a) Authority.--Section 167a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``and acquire'' and
inserting ``, acquire, and maintain'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Limitation on Authority To Maintain Equipment.--The authority
delegated under subsection (a) to maintain equipment is subject to the
availability of funds authorized and appropriated specifically for that
purpose.''.
(b) Two-Year Extension.--Subsection (g) of such section, as so
redesignated, is amended--
(1) by striking ``through 2008'' and inserting ``through
2010''; and
(2) by striking ``September 30, 2008'' and inserting
``September 30, 2010''.
SEC. 826. MARKET RESEARCH.
(a) Additional Requirements.--Subsection (c) of section 2377 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) before awarding a task order or delivery order
in excess of the simplified acquisition threshold.'';
and
(2) by adding at the end the following:
``(4) The head of an agency shall take appropriate steps to ensure
that any prime contractor of a contract (or task order or delivery
order) in an amount in excess of $5,000,000 for the procurement of items
other than commercial items engages in such market research as may be
necessary to carry out the requirements of
[[Page 122 STAT. 228]]
subsection (b)(2) before making purchases for or on behalf of the
Department of Defense.''.
(b) <<NOTE: 10 USC 2377 note.>> Requirement To Develop Training and
Tools.--The Secretary of Defense shall develop training to assist
contracting officers, and market research tools to assist such officers
and prime contractors, in performing appropriate market research as
required by subsection (c) of section 2377 of title 10, United States
Code, as amended by this section.
SEC. 827. 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) <<NOTE: 10 USC 2410n note.>> Effective date.--The
amendment made by subsection (a) shall take effect 60 days after
the date of the enactment of this Act.
(b) <<NOTE: 10 USC 2410n note.>> List of Products for Which Federal
Prison Industries Has Significant Market Share.--
[[Page 122 STAT. 229]]
(1) Initial list.--Not <<NOTE: Deadline.>> 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. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE
ENERGY SOURCES.
(a) Multiyear Contract Authority.--Chapter 141 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2410q. Multiyear contracts: purchase of electricity from
renewable energy sources
``(a) Multiyear Contracts Authorized.--Subject to subsection (b),
the Secretary of Defense may enter into a contract 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 into a contract for a period in excess of five years only if the
Secretary determines, on the basis of a business case analysis 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.
``(c) Relationship to Other Multiyear Contracting Authority.--
Nothing in this section shall be construed to preclude the Department of
Defense from using other multiyear contracting authority of the
Department to purchase renewable energy.''.
(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 contracts: purchase of electricity from renewable
energy sources.''.
SEC. 829. <<NOTE: 10 USC 2533a note.>> PROCUREMENT OF FIRE RESISTANT
RAYON FIBER FOR THE PRODUCTION OF UNIFORMS FROM FOREIGN
SOURCES.
(a) Authority To Procure.--The Secretary of Defense may procure fire
resistant rayon fiber for the production of uniforms that is
manufactured in a foreign country referred to in subsection (d) if the
Secretary determines either of the following:
(1) That fire resistant rayon fiber for the production of
uniforms is not available from sources within the national
technology and industrial base.
(2) That--
[[Page 122 STAT. 230]]
(A) procuring fire resistant rayon fiber
manufactured from suppliers within the national
technology and industrial base would result in sole-
source contracts or subcontracts for the supply of fire
resistant rayon fiber; and
(B) such sole-source contracts or subcontracts would
not be in the best interests of the Government or
consistent with the objectives of section 2304 of title
10, United States Code.
(b) Submission to Congress.--Not <<NOTE: Deadline.>> later than 30
days after making a determination under subsection (a), the Secretary
shall submit to Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under subsection
(a) applies with respect to subcontracts under Department of Defense
contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under subsection (a)
applies with respect to a foreign country that--
(1) is a party to a defense memorandum of understanding
entered into under section 2531 of title 10, United States Code;
and
(2) does not discriminate against defense items produced in
the United States to a greater degree than the United States
discriminates against defense items produced in that country.
(e) National Technology and Industrial Base Defined.--In this
section, the term ``national technology and industrial base'' has the
meaning given that term in section 2500 of title 10, United States Code.
(f) Sunset.--The authority under subsection (a) shall expire on the
date that is five years after the date of the enactment of this Act.
SEC. 830. <<NOTE: Deadline. Reports.>> COMPTROLLER GENERAL REVIEW OF
NONCOMPETITIVE AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH
INTEREST ITEMS.
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 the use of procedures other
than competitive procedures in the award of contracts by the Department
of Defense. The report shall compare the procedures used by the
Department of Defense for the award of funds for new projects pursuant
to congressionally directed spending items, as defined in rule XLIV of
the Standing Rules of the Senate, or congressional earmarks, as defined
in rule XXI of the Rules of the House of Representatives, with the
procedures used by the Department of Defense for the award of funds for
new projects of special interest to senior executive branch officials.
Subtitle D--Accountability in Contracting
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Wartime Contracting'' (in this section
referred to as the ``Commission'').
(b) Membership Matters.--
[[Page 122 STAT. 231]]
(1) Membership.--The Commission shall be composed of 8
members, as follows:
(A) 2 members shall be appointed by the majority
leader of the Senate, in consultation with the Chairmen
of the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the
Committee on Foreign Relations of the Senate.
(B) 2 members shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Chairmen of the Committee on Armed Services, the
Committee on Oversight and Government Reform, and the
Committee on Foreign Affairs of the House of
Representatives.
(C) 1 member shall be appointed by the minority
leader of the Senate, in consultation with the Ranking
Minority Members of the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs,
and the Committee on Foreign Relations of the Senate.
(D) 1 member shall be appointed by the minority
leader of the House of Representatives, in consultation
with the Ranking Minority Member of the Committee on
Armed Services, the Committee on Oversight and
Government Reform, and the Committee on Foreign Affairs
of the House of Representatives.
(E) 2 members shall be appointed by the President,
in consultation with the Secretary of Defense and the
Secretary of State.
(2) Deadline for appointments.--All appointments to the
Commission shall be made not later than 120 days after the date
of the enactment of this Act.
(3) Co-chairmen.--The Commission shall have two co-chairmen,
including--
(A) a co-chairman who shall be a member of the
Commission jointly designated by the Speaker of the
House of Representatives and the majority leader of the
Senate; and
(B) a co-chairman who shall be a member of the
Commission jointly designated by the minority leader of
the House of Representatives and the minority leader of
the Senate.
(4) Vacancy.--In the event of a vacancy in a seat on the
Commission, the individual appointed to fill the vacant seat
shall be--
(A) appointed by the same officer (or the officer's
successor) who made the appointment to the seat when the
Commission was first established; and
(B) if the officer in subparagraph (A) is of a party
other than the party of the officer who made the
appointment to the seat when the Commission was first
established, chosen in consultation with the senior
officers in the Senate and the House of Representatives
of the party which is the party of the officer who made
the appointment to the seat when the Commission was
first established.
(c) Duties.--
(1) General duties.--The Commission shall study the
following matters:
(A) Federal agency contracting for the
reconstruction of Iraq and Afghanistan.
[[Page 122 STAT. 232]]
(B) Federal agency contracting for the logistical
support of coalition forces operating in Iraq and
Afghanistan.
(C) Federal agency contracting for the performance
of security functions in Iraq and Afghanistan.
(2) Scope of contracting covered.--The Federal agency
contracting covered by this subsection includes contracts
entered into both in the United States and abroad for the
performance of activities described in paragraph (1).
(3) Particular duties.--In carrying out the study under this
subsection, the Commission shall assess--
(A) the extent of the reliance of the Federal
Government on contractors to perform functions
(including security functions) in Iraq and Afghanistan
and the impact of this reliance on the achievement of
the objectives of the United States;
(B) the performance exhibited by Federal contractors
for the contracts under review pursuant to paragraph
(1), and the mechanisms used to evaluate contractor
performance;
(C) the extent of waste, fraud, and abuse under such
contracts;
(D) the extent to which those responsible for such
waste, fraud, and abuse have been held financially or
legally accountable;
(E) the appropriateness of the organizational
structure, policies, practices, and resources of the
Department of Defense and the Department of State for
handling program management and contracting for the
programs and contracts under review pursuant to
paragraph (1);
(F) the extent to which contractors under such
contracts have engaged in the misuse of force or have
used force in a manner inconsistent with the objectives
of the operational field commander; and
(G) the extent of potential violations of the laws
of war, Federal law, or other applicable legal standards
by contractors under such contracts.
(d) Reports.--
(1) Interim report.--On March 1, 2009, the Commission shall
submit to Congress an interim report on the study carried out
under subsection (c), including the results and findings of the
study as of that date.
(2) Other reports.--The Commission may from time to time
submit to Congress such other reports on the study carried out
under subsection (c) as the Commission considers appropriate.
(3) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission under
subsection (b), the Commission shall submit to Congress a final
report on the study carried out under subsection (c). The report
shall--
(A) include the findings of the Commission;
(B) identify lessons learned relating to contingency
program management and contingency contracting covered
by the study; and
(C) include specific recommendations for
improvements to be made in--
[[Page 122 STAT. 233]]
(i) the process for defining requirements and
developing statements of work for contracts in
contingency contracting;
(ii) the process for awarding contracts and
task or delivery orders in contingency
contracting;
(iii) the process for contingency program
management;
(iv) the process for identifying, addressing,
and providing accountability for waste, fraud, and
abuse in contingency contracting;
(v) the process for determining which
functions are inherently governmental and which
functions are appropriate for performance by
contractors in a contingency operation (including
during combat operations), especially whether
providing security in an area of combat operations
is inherently governmental;
(vi) the organizational structure, resources,
policies, and practices of the Department of
Defense and the Department of State for performing
contingency program management; and
(vii) the process by which roles and
responsibilities with respect to management and
oversight of contracts in contingency contracting
are distributed among the various departments and
agencies of the Federal Government, and
interagency coordination and communication
mechanisms associated with contingency
contracting.
(e) Other Powers and Authorities.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any portion thereof, may, for the
purpose of carrying out this section--
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence,
administer such oaths (provided that the quorum for a
hearing shall be three members of the Commission); and
(B) provide for the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents;
as the Commission, or such portion thereof, may determine
advisable.
(2) Inability to obtain documents or testimony.--In the
event the Commission is unable to obtain testimony or documents
needed to conduct its work, the Commission shall notify the
committees of Congress of jurisdiction and appropriate
investigative authorities.
(3) Access to information.--The Commission may secure
directly from the Department of Defense and any other department
or agency of the Federal Government any information or
assistance that the Commission considers necessary to enable the
Commission to carry out the requirements of this section. Upon
request of the Commission, the head of such department or agency
shall furnish such information expeditiously to the
Commission. <<NOTE: Reports.>> Whenever information or
assistance requested by the Commission is unreasonably refused
or not provided, the Commission shall report the circumstances
to Congress without delay.
[[Page 122 STAT. 234]]
(4) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be inconsistent
with the requirements of this section.
(5) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(6) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission members
and staff appropriate security clearances to the extent possible
pursuant to existing procedures and requirements, except that no
person shall be provided with access to classified information
under this section without the appropriate security clearances.
(7) Violations of law.--
(A) Referral to attorney general.--The Commission
may refer to the Attorney General any violation or
potential violation of law identified by the Commission
in carrying out its duties under this section.
(B) Reports on results of referral.--The Attorney
General shall submit to Congress a report on each
prosecution, conviction, resolution, or other
disposition that results from a referral made under this
subparagraph.
(f) Termination.--The Commission shall terminate on the date that is
60 days after the date of the submittal of its final report under
subsection (d)(3).
(g) Definitions.--In this section:
(1) Contingency contracting.--The term ``contingency
contracting'' means all stages of the process of acquiring
property or services during a contingency operation.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section 101 of
title 10, United States Code.
(3) Contingency program management.--The term ``contingency
program management'' means the process of planning, organizing,
staffing, controlling, and leading the combined efforts of
participating personnel for the management of a specific
acquisition program or programs during contingency operations.
SEC. 842. <<NOTE: 10 USC 2302 note.>> INVESTIGATION OF WASTE, FRAUD,
AND ABUSE IN WARTIME CONTRACTS AND CONTRACTING PROCESSES IN
IRAQ AND AFGHANISTAN.
(a) Audits Required.--Thorough audits shall be performed in
accordance with this section to identify potential waste, fraud, and
abuse in the performance of--
(1) Department of Defense contracts, subcontracts, and task
and delivery orders for the logistical support of coalition
forces in Iraq and Afghanistan; and
(2) Federal agency contracts, subcontracts, and task and
delivery orders for the performance of security and
reconstruction functions in Iraq and Afghanistan.
(b) Audit Plans.--
[[Page 122 STAT. 235]]
(1) The Department of Defense Inspector General shall
develop a comprehensive plan for a series of audits of
contracts, subcontracts, and task and delivery orders covered by
subsection (a)(1), consistent with the requirements of
subsection (g), in consultation with other Inspectors General
specified in subsection (c) with regard to any contracts,
subcontracts, or task or delivery orders over which such
Inspectors General have jurisdiction.
(2) The Special Inspector General for Iraq Reconstruction
shall develop a comprehensive plan for a series of audits of
contracts, subcontracts, and task and delivery orders covered by
subsection (a)(2) relating to Iraq, consistent with the
requirements of subsection (h), in consultation with other
Inspectors General specified in subsection (c) with regard to
any contracts, subcontracts, or task or delivery orders over
which such Inspectors General have jurisdiction.
(3) The Special Inspector General for Afghanistan
Reconstruction shall develop a comprehensive plan for a series
of audits of contracts, subcontracts, and task and delivery
orders covered by subsection (a)(2) relating to Afghanistan,
consistent with the requirements of subsection (h), in
consultation with other Inspectors General specified in
subsection (c) with regard to any contracts, subcontracts, or
task or delivery orders over which such Inspectors General have
jurisdiction.
(c) Performance of Audits by Certain Inspectors General.--The
Special Inspector General for Iraq Reconstruction, during such period as
such office exists, the Special Inspector General for Afghanistan
Reconstruction, during such period as such office exists, the Inspector
General of the Department of Defense, the Inspector General of the
Department of State, and the Inspector General of the United States
Agency for International Development shall perform such audits as
required by subsection (a) and identified in the audit plans developed
pursuant to subsection (b) as fall within the respective scope of their
duties as specified in law.
(d) Coordination of Audits.--The Inspectors General specified in
subsection (c) shall work to coordinate the performance of the audits
required by subsection (a) and identified in the audit plans developed
under subsection (b) including through councils and working groups
composed of such Inspectors General.
(e) Joint Audits.--If one or more audits required by subsection (a)
and identified in an audit plan developed under subsection (b) falls
within the scope of the duties of more than one of the Inspectors
General specified in subsection (c), and such Inspectors General agree
that such audit or audits are best pursued jointly, such Inspectors
General shall enter into a memorandum of understanding relating to the
performance of such audit or audits.
(f) Separate Audits.--If one or more audits required by subsection
(a) and identified in an audit plan developed under subsection (b) falls
within the scope of the duties of more than one of the Inspectors
General specified in subsection (c), and such Inspectors General do not
agree that such audit or audits are best pursued jointly, such audit or
audits shall be separately performed by one or more of the Inspectors
General concerned.
(g) Scope of Audits of Contracts.--Audits conducted pursuant to
subsection (a)(1) shall examine, at a minimum, one or more of the
following issues:
[[Page 122 STAT. 236]]
(1) The manner in which contract requirements were
developed.
(2) The procedures under which contracts or task or delivery
orders were awarded.
(3) The terms and conditions of contracts or task or
delivery orders.
(4) The staffing and method of performance of contractors,
including cost controls.
(5) The efficacy of Department of Defense management and
oversight, including the adequacy of staffing and training of
officials responsible for such management and oversight.
(6) The flow of information from contractors to officials
responsible for contract management and oversight.
(h) Scope of Audits of Other Contracts.--Audits conducted pursuant
to subsection (a)(2) shall examine, at a minimum, one or more of the
following issues:
(1) The manner in which contract requirements were developed
and contracts or task and delivery orders were awarded.
(2) The manner in which the Federal agency exercised control
over the performance of contractors.
(3) The extent to which operational field commanders were
able to coordinate or direct the performance of contractors in
an area of combat operations.
(4) The degree to which contractor employees were properly
screened, selected, trained, and equipped for the functions to
be performed.
(5) The nature and extent of any incidents of misconduct or
unlawful activity by contractor employees.
(6) The nature and extent of any activity by contractor
employees that was inconsistent with the objectives of
operational field commanders.
(7) The extent to which any incidents of misconduct or
unlawful activity were reported, documented, investigated, and
(where appropriate) prosecuted.
(i) Independent Conduct of Audit Functions.--All audit functions
under this section, including audit planning and coordination, shall be
performed by the relevant Inspectors General in an independent manner,
without consultation with the Commission established pursuant to section
841 of this Act. All audit reports resulting from such audits shall be
available to the Commission.
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER
CONTRACTS.
(a) Defense Contracts.--
(1) Limitation on single award contracts.--Section 2304a(d)
of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph (4);
and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3)(A) No task or delivery order contract in an amount estimated
to exceed $100,000,000 (including all options) may be awarded to a
single source unless the head of the agency determines in writing that--
``(i) the task or delivery orders expected under the
contract are so integrally related that only a single source can
reasonably perform the work;
[[Page 122 STAT. 237]]
``(ii) 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;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the government; or
``(iv) because of exceptional circumstances, it is necessary
in the public interest to award the contract to a single source.
``(B) <<NOTE: Notification. Deadline.>> The head of the agency
shall notify Congress within 30 days after any determination under
subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 2304c of such title is amended--
(A) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(B) 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) <<NOTE: Notification.>> 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
(C) 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 $10,000,000.
``(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).
``(3) <<NOTE: Effective date.>> This subsection shall be in effect
for three years, beginning on the date that is 120 days after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) <<NOTE: Applicability.>> Effective dates.--
(A) <<NOTE: 10 USC 2304a note.>> Single award
contracts.--The amendments made by paragraph (1) shall
take effect on the date that is 120 days after the date
of the enactment of this Act, and shall apply with
respect to any contract awarded on or after such date.
[[Page 122 STAT. 238]]
(B) <<NOTE: 10 USC 2304c note.>> Orders in excess
of $5,000,000.--The amendments made by paragraph (2)
shall take effect on the date that is 120 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.
(b) Civilian Agency Contracts.--
(1) Limitation on single award contracts.--Section 303H(d)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253h(d)) is amended--
(A) by redesignating paragraph (3) as paragraph (4);
and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3)(A) No task or delivery order contract in an amount estimated
to exceed $100,000,000 (including all options) may be awarded to a
single source unless the head of the executive agency determines in
writing that--
``(i) the task or delivery orders expected under the
contract are so integrally related that only a single source can
reasonably perform the work;
``(ii) 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;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the government; or
``(iv) because of exceptional circumstances, it is necessary
in the public interest to award the contract to a single source.
``(B) The head of the executive agency shall notify Congress within
30 days after any determination under subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 303J of such Act (41 U.S.C. 253j) is
amended--
(A) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(B) 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) <<NOTE: Notification.>> a notice of the task or
delivery order that includes a clear statement of the executive
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 executive 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
[[Page 122 STAT. 239]]
``(5) an opportunity for a post-award debriefing consistent
with the requirements of section 303B(e).''; and
(C) 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 $10,000,000.
``(2) Notwithstanding section 3556 of title 31, United States Code,
the Comptroller General of the United States shall have exclusive
jurisdiction of a protest authorized under paragraph (1)(B).
``(3) <<NOTE: Effective date.>> This subsection shall be in effect
for three years, beginning on the date that is 120 days after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) <<NOTE: Applicability.>> Effective dates.--
(A) <<NOTE: 41 USC 253h note.>> Single award
contracts.--The amendments made by paragraph (1) shall
take effect on the date that is 120 days after the date
of the enactment of this Act, and shall apply with
respect to any contract awarded on or after such date.
(B) <<NOTE: 41 USC 253j note.>> Orders in excess of
$5,000,000.--The amendments made by paragraph (2) shall
take effect on the date that is 120 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.
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR
NONCOMPETITIVE CONTRACTS.
(a) Civilian Agency Contracts.--
(1) In general.--Section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) is amended
by adding at the end the following new subsection:
``(j)(1)(A) <<NOTE: Public information. Deadline.>> Except as
provided in subparagraph (B), in the case of a procurement permitted by
subsection (c), the head of an executive agency shall make publicly
available, within 14 days after the award of the contract, the documents
containing the justification and approval required by subsection (f)(1)
with respect to the procurement.
``(B) <<NOTE: Applicability.>> In the case of a procurement
permitted by subsection (c)(2), subparagraph (A) shall be applied by
substituting `30 days' for `14 days'.
``(2) <<NOTE: Website.>> The documents shall be made available on
the website of the agency and through a government-wide website selected
by the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public availability of
information that is exempt from public disclosure under section 552(b)
of title 5, United States Code.''.
(2) Conforming amendment.--Section 303(f) of such Act is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(b) Defense Agency Contracts.--
[[Page 122 STAT. 240]]
(1) In general.--Section 2304 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(l)(1)(A) <<NOTE: Public information. Deadline.>> Except as
provided in subparagraph (B), in the case of a procurement permitted by
subsection (c), the head of an agency shall make publicly available,
within 14 days after the award of the contract, the documents containing
the justification and approval required by subsection (f)(1) with
respect to the procurement.
``(B) <<NOTE: Applicability.>> In the case of a procurement
permitted by subsection (c)(2), subparagraph (A) shall be applied by
substituting `30 days' for `14 days'.
``(2) <<NOTE: Website.>> The documents shall be made available on
the website of the agency and through a government-wide website selected
by the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public availability of
information that is exempt from public disclosure under section 552(b)
of title 5.''.
(2) Conforming amendment.--Section 2304(f) of such title is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
SEC. 845. <<NOTE: 5 USC app. 5 note.>> DISCLOSURE OF GOVERNMENT
CONTRACTOR AUDIT FINDINGS.
(a) Required Annex on Significant Audit Findings.--
(1) In general.--Each Inspector General appointed under the
Inspector General Act of 1978 shall submit, as part of the
semiannual report submitted to Congress pursuant to section 5 of
such Act, an annex on final, completed contract audit reports
issued to the contracting activity containing significant audit
findings issued during the period covered by the semiannual
report concerned.
(2) Elements.--Such annex shall include--
(A) a list of such contract audit reports;
(B) for each audit report, a brief description of
the nature of the significant audit findings in the
report; and
(C) for each audit report, the specific amounts of
costs identified as unsupported, questioned, or
disallowed.
(3) Information exempt from public disclosure.--(A) Nothing
in this subsection shall be construed to require the release of
information to the public that is exempt from public disclosure
under section 552(b) of title 5, United States Code.
(B) For each element required by paragraph (2), the
Inspector General concerned shall note each instance where
information has been redacted in accordance with the
requirements of section 552(b) of title 5, United States Code,
and submit an unredacted annex to the committees listed in
subsection (d)(2) within 7 days after the issuance of the
semiannual report.
(b) Defense Contract Audit Agency Included.--For purposes of
subsection (a), audits of the Defense Contract Audit Agency shall be
included in the annex provided by the Inspector General of the
Department of Defense if they include significant audit findings.
[[Page 122 STAT. 241]]
(c) Exception.--Subsection (a) shall not apply to an Inspector
General if no audits described in such subsection were issued during the
covered period.
(d) Submission of Individual Audits.--
(1) Requirement.--The <<NOTE: Deadline.>> head of each
Federal department or agency shall provide, within 14 days after
a request in writing by the chairman or ranking member of any
committee listed in paragraph (2), a full and unredacted copy of
any audit described in subsection (a). Such copy shall include
an identification of information in the audit exempt from public
disclosure under section 552(b) of title 5, United States Code.
(2) Committees.--The committees listed in this paragraph are
the following:
(A) The Committee on Oversight and Government Reform
of the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committees on Appropriations of the House of
Representatives and the Senate.
(D) With respect to the Department of Defense and
the Department of Energy, the Committees on Armed
Services of the Senate and House of Representatives.
(E) The Committees of primary jurisdiction over the
agency or department to which the request is made.
(e) Classified Information.--Nothing in this section shall be
interpreted to require the handling of classified information or
information relating to intelligence sources and methods in a manner
inconsistent with any law, regulation, executive order, or rule of the
House of Representatives or of the Senate relating to the handling or
protection of such information.
(f) Definitions.--In this section:
(1) Significant audit findings.--The term ``significant
audit findings'' includes--
(A) unsupported, questioned, or disallowed costs in
an amount in excess of $10,000,000; or
(B) other findings that the Inspector General of the
agency or department concerned determines to be
significant.
(2) Contract.--The term ``contract'' includes a contract, an
order placed under a task or delivery order contract, or a
subcontract.
SEC. 846. 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'' 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,''; and
(2) by striking ``information relating to a substantial
violation of law related to a contract (including the
competition for or negotiation of a contract)'' and inserting
``information that the employee reasonably believes is evidence
of gross mismanagement of a Department of Defense contract or
grant, a gross waste of Department of Defense funds, a
substantial
[[Page 122 STAT. 242]]
and specific danger to public health or safety, or a violation
of law related to a Department of Defense contract (including
the competition for or negotiation of a contract) or grant''.
(b) Clarification of Inspector General Determination.--Subsection
(b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of
Complaints.--'';
(2) by striking ``an agency'' and inserting ``the Department
of Defense, or the Inspector General of the National Aeronautics
and Space Administration in the case of a complaint regarding
the National Aeronautics and Space Administration''; and
(3) by adding at the end the following new paragraph:
``(2)(A) <<NOTE: Reports. Deadline.>> Except as provided under
subparagraph (B), the Inspector General shall make a determination that
a complaint is frivolous or submit a report under paragraph (1) within
180 days after receiving the complaint.
``(B) <<NOTE: Reports.>> If the Inspector General is unable to
complete an investigation in time to submit a report within the 180-day
period specified in subparagraph (A) and the person submitting the
complaint agrees to an extension of time, the Inspector General shall
submit a report under paragraph (1) within such additional period of
time as shall be agreed upon between the Inspector General and the
person submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or Providing
Remedy.--Subsection (c) of such section is amended--
(1) <<NOTE: Deadline.>> in paragraph (1), by striking ``If
the head of the agency determines that a contractor has
subjected a person to a reprisal prohibited by subsection (a),
the head of the agency may'' and inserting after ``(1)'' the
following: ``Not later than 30 days after receiving an Inspector
General report pursuant to subsection (b), the head of the
agency concerned shall determine whether there is sufficient
basis to conclude that the contractor concerned has subjected
the complainant to a reprisal prohibited by subsection (a) and
shall either issue an order denying relief or shall'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) <<NOTE: Deadlines.>> If the head of an executive agency
issues an order denying relief under paragraph (1) or has not issued an
order within 210 days after the submission of a complaint under
subsection (b), or in the case of an extension of time under paragraph
(b)(2)(B), not later than 30 days after the expiration of the extension
of time, and there is no showing that such delay is due to the bad faith
of the complainant, the complainant shall be deemed to have exhausted
all administrative remedies with respect to the complaint, and the
complainant may bring a de novo action at law or equity against the
contractor 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.
``(3) An Inspector General determination and an agency head order
denying relief under paragraph (2) shall be admissible in
[[Page 122 STAT. 243]]
evidence in any de novo action at law or equity brought pursuant to this
subsection.''.
(d) Definitions.--Subsection (e) of such section is amended--
(1) in paragraph (4), by inserting ``or a grant'' after ``a
contract''; and
(2) by inserting before the period at the end the following:
``and any Inspector General that receives funding from, or has
oversight over contracts awarded for or on behalf of, the
Secretary of Defense''.
SEC. 847. <<NOTE: 10 USC 1701 note.>> REQUIREMENTS FOR SENIOR
DEPARTMENT OF DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH
DEFENSE CONTRACTORS.
(a) Requirement to Seek and Obtain Written Opinion.--
(1) Request.--An official or former official of the
Department of Defense described in subsection (c) who, within
two years after leaving service in the Department of Defense,
expects to receive compensation from a Department of Defense
contractor, shall, prior to accepting such compensation, request
a written opinion regarding the applicability of post-employment
restrictions to activities that the official or former official
may undertake on behalf of a contractor.
(2) Submission of request.--A request for a written opinion
under paragraph (1) shall be submitted in writing to an ethics
official of the Department of Defense having responsibility for
the organization in which the official or former official serves
or served and shall set forth all information relevant to the
request, including information relating to government positions
held and major duties in those positions, actions taken
concerning future employment, positions sought, and future job
descriptions, if applicable.
(3) Written opinion.--Not <<NOTE: Deadline.>> later than 30
days after receiving a request by an official or former official
of the Department of Defense described in subsection (c), the
appropriate ethics counselor shall provide such official or
former official a written opinion regarding the applicability or
inapplicability of post-employment restrictions to activities
that the official or former official may undertake on behalf of
a contractor.
(4) Contractor requirement.--A Department of Defense
contractor may not knowingly provide compensation to a former
Department of Defense official described in subsection (c)
within two years after such former official leaves service in
the Department of Defense, without first determining that the
former official has sought and received (or has not received
after 30 days of seeking) a written opinion from the appropriate
ethics counselor regarding the applicability of post-employment
restrictions to the activities that the former official is
expected to undertake on behalf of the contractor.
(5) Administrative actions.--In the event that an official
or former official of the Department of Defense described in
subsection (c), or a Department of Defense contractor, knowingly
fails to comply with the requirements of this subsection, the
Secretary of Defense may take any of the administrative actions
set forth in section 27(e) of the Office of Federal Procurement
Policy Act (41 U.S.C. 423(e)) that the Secretary of Defense
determines to be appropriate.
(b) Recordkeeping Requirement.--
[[Page 122 STAT. 244]]
(1) Database.--Each request for a written opinion made
pursuant to this section, and each written opinion provided
pursuant to such a request, shall be retained by the Department
of Defense in a central database or repository for not less than
five years beginning on the date on which the written opinion
was provided.
(2) Inspector general review.--The Inspector General of the
Department of Defense shall conduct periodic reviews to ensure
that written opinions are being provided and retained in
accordance with the requirements of this
section. <<NOTE: Deadline.>> The first such review shall be
conducted no later than two years after the date of the
enactment of this Act.
(c) Covered Department of Defense Officials.--An official or former
official of the Department of Defense is covered by the requirements of
this section if such official or former official--
(1) participated personally and substantially in an
acquisition as defined in section 4(16) of the Office of Federal
Procurement Policy Act with a value in excess of $10,000,000 and
serves or served--
(A) in an Executive Schedule position under
subchapter II of chapter 53 of title 5, United States
Code;
(B) in a position in the Senior Executive Service
under subchapter VIII of chapter 53 of title 5, United
States Code; or
(C) in a general or flag officer position
compensated at a rate of pay for grade O-7 or above
under section 201 of title 37, United States Code; or
(2) serves or served 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 in an amount in excess
of $10,000,000.
(d) Definition.--In this section, the term ``post-employment
restrictions'' includes--
(1) section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423);
(2) section 207 of title 18, United States Code; and
(3) any other statute or regulation restricting the
employment or activities of individuals who leave government
service in the Department of Defense.
SEC. 848. 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--
[[Page 122 STAT. 245]]
(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 was awarded
contracts by the Department of Defense during fiscal year 2006 in
amounts totaling more than $500,000,000.
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE
ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY COMMISSION
RECOMMENDATIONS.
(a) Training Requirement.--Section 2333 of title 10, United States
Code is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Training for Personnel Outside Acquisition Workforce.--(1) The
joint policy for requirements definition, contingency program
management, and contingency contracting required by subsection (a) shall
provide for training of military personnel outside the acquisition
workforce (including operational
[[Page 122 STAT. 246]]
field commanders and officers performing key staff functions for
operational field commanders) who are expected to have acquisition
responsibility, including oversight duties associated with contracts or
contractors, during combat operations, post-conflict operations, and
contingency operations.
``(2) Training under paragraph (1) shall be sufficient to ensure
that the military personnel referred to in that paragraph understand the
scope and scale of contractor support they will experience in
contingency operations and are prepared for their roles and
responsibilities with regard to requirements definition, program
management (including contractor oversight), and contingency
contracting.
``(3) The joint policy shall also provide for the incorporation of
contractors and contract operations in mission readiness exercises for
operations that will include contracting and contractor support.''.
(b) <<NOTE: Deadlines. Reports.>> Organizational Requirements.--
(1) Evaluation by the secretary of defense.--The Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall evaluate the recommendations included in
the report of the Commission on Army Acquisition and Program
Management in Expeditionary Operations and shall determine the
extent to which such recommendations are applicable to the other
Armed Forces. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report to the congressional defense committees with the
conclusions of this evaluation and a description of the
Secretary's plans for implementing the Commission's
recommendations for Armed Forces other than the Army.
(2) Evaluation by the secretary of the army.--The Secretary
of the Army, in consultation with the Chief of Staff of the
Army, shall evaluate the recommendations included in the report
of the Commission on Army Acquisition and Program Management in
Expeditionary Operations. Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report
detailing the Secretary's plans for implementation of the
recommendations of the Commission. The report shall include the
following:
(A) For each recommendation that has been
implemented, or that the Secretary plans to implement--
(i) a summary of all actions that have been
taken to implement such recommendation; and
(ii) a schedule, with specific milestones, for
completing the implementation of such
recommendation.
(B) For each recommendation that the Secretary has
not implemented and does not plan to implement--
(i) the reasons for the decision not to
implement such recommendation; and
(ii) a summary of any alternative actions the
Secretary plans to take to address the purposes
underlying such recommendation.
(C) For each recommendation that would require
legislation to implement, the Secretary's
recommendations regarding such legislation.
(c) Comptroller General Report.--Section 854(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
[[Page 122 STAT. 247]]
(Public Law 109-364; 120 Stat. 2346) is amended by adding at the end the
following new paragraph:
``(3) Comptroller general report.--Not later than 180 days
after the date on which the Secretary of Defense submits the
final report required by paragraph (2), the Comptroller General
of the United States shall--
``(A) review the joint policies developed by the
Secretary, including the implementation of such
policies; and
``(B) submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
the extent to which such policies, and the
implementation of such policies, comply with the
requirements of section 2333 of title 10, United States
Code (as so amended).''.
Subtitle E--Acquisition Workforce Provisions
SEC. 851. <<NOTE: 10 USC note prec. 1580.>> REQUIREMENT FOR SECTION ON
DEFENSE ACQUISITION WORKFORCE IN STRATEGIC HUMAN CAPITAL
PLAN.
(a) In General.--In the update of the strategic human capital plan
for 2008, and in each subsequent update, the Secretary of Defense shall
include a separate section focused on the defense acquisition workforce,
including both military and civilian personnel.
(b) Funding.--The section shall contain--
(1) an identification of the funding programmed for defense
acquisition workforce improvements, including a specific
identification of funding provided in the Department of Defense
Acquisition Workforce Fund established under section 1705 of
title 10, United States Code (as added by section 852 of this
Act);
(2) an identification of the funding programmed for defense
acquisition workforce training in the future-years defense
program, including a specific identification of funding provided
by the acquisition workforce training fund established under
section 37(h)(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 433(h)(3));
(3) a description of how the funding identified pursuant to
paragraphs (1) and (2) will be implemented during the fiscal
year concerned to address the areas of need identified in
accordance with subsection (c);
(4) a statement of whether the funding identified under
paragraphs (1) and (2) is being fully used; and
(5) a description of any continuing shortfall in funding
available for the defense acquisition workforce.
(c) Areas of Need.--The section also shall identify any areas of
need in the defense acquisition workforce, including--
(1) gaps in the skills and competencies of the current or
projected defense acquisition workforce;
(2) changes to the types of skills needed in the current or
projected defense acquisition workforce;
(3) incentives to retain in the defense acquisition
workforce qualified, experienced defense acquisition workforce
personnel; and
(4) incentives for attracting new, high-quality personnel to
the defense acquisition workforce.
[[Page 122 STAT. 248]]
(d) Strategic Human Capital Plan Defined.--In this section, the term
``strategic human capital plan'' means the strategic human capital plan
required under section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 U.S.C.
prec. 1580 note).
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) In General.--
(1) Establishment of fund.--Chapter 87 of title 10, United
States Code, is amended by inserting after section 1704 the
following new section:
``Sec. 1705. Department of Defense Acquisition Workforce Development
Fund
``(a) 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, in
addition to other funds that may be available, for the recruitment,
training, and retention of acquisition personnel of the Department of
Defense.
``(b) Purpose.--The purpose of the Fund 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.
``(c) Management.--The Fund shall be managed by a senior official of
the Department of Defense designated by the Under Secretary of Defense
for Acquisition, Technology, and Logistics for that purpose, from among
persons with an extensive background in management relating to
acquisition and personnel.
``(d) 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) <<NOTE: Deadlines.>> Not later than 30 days after the
end of the third 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:
[[Page 122 STAT. 249]]
``(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) The Secretary of Defense may reduce a percentage
established in subparagraph (C) for any fiscal year, if he
determines that the application of such percentage would result
in the crediting of an amount greater than is reasonably needed
for the purpose of the Fund. In no event may the Secretary
reduce a percentage for any fiscal year below a percentage that
results in the deposit in a fiscal year of an amount equal to
the following:
``(i) For fiscal year 2008, $300,000,000.
``(ii) For fiscal year 2009, $400,000,000.
``(iii) For fiscal year 2010, $500,000,000.
``(iv) For any fiscal year after fiscal year 2010,
$600,000,000.
``(e) 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 the Fund, including for
the provision of training and retention incentives to the
acquisition workforce of the Department.
``(2) Prohibition.--Amounts in the Fund may not be obligated
for any purpose other than purposes described in paragraph (1)
or otherwise in accordance with this subsection.
``(3) Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, acting through the
senior official designated to manage the Fund, shall issue
guidance for the administration of the Fund. Such guidance shall
include provisions--
``(A) identifying areas of need in the acquisition
workforce for which amounts in the Fund may be used,
including--
``(i) changes to the types of skills needed in
the acquisition workforce;
``(ii) incentives to retain in the acquisition
workforce qualified, experienced acquisition
workforce personnel; and
``(iii) incentives for attracting new, high-
quality personnel to the acquisition workforce;
``(B) describing the manner and timing for
applications for amounts in the Fund to be submitted;
``(C) describing the evaluation criteria to be used
for approving or prioritizing applications for amounts
in the Fund in any fiscal year; and
``(D) describing measurable objectives of
performance for determining whether amounts in the Fund
are being used in compliance with this section.
``(4) Limitation on payments to or for contractors.--Amounts
in the Fund shall not be available for payments
[[Page 122 STAT. 250]]
to contractors or contractor employees, other than for the
purpose of providing advanced training to Department of Defense
employees.
``(5) 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 was an employee of the Department as of
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008.
``(6) Duration of availability.--Amounts credited to the
Fund under subsection (d)(2) shall remain available for
expenditure in the fiscal year for which credited and the two
succeeding fiscal years.
``(f) 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) Recommendations for additional authorities to fulfill
the purpose of the Fund.
``(5) A statement of the balance remaining in the Fund at
the end of such fiscal year.
``(g) Acquisition Workforce Defined.--In this section, the term
`acquisition workforce' means personnel in positions designated under
section 1721 of this title as acquisition positions for purposes of this
chapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
inserting after the item relating to section 1704 the following
new item:
``1705. Department of Defense Acquisition Workforce Development Fund.''.
(b) <<NOTE: 10 USC 1705 note.>> Effective Date.--Section 1705 of
title 10, United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act.
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS FOR
CERTAIN FEDERAL ACQUISITION POSITIONS.
Section 1413(b) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1665) <<NOTE: 41 USC 433
note.>> is amended by striking ``September 30, 2007'' and inserting
``September 30, 2012''.
[[Page 122 STAT. 251]]
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND.
Section 37(h)(3) of the Office of Federal Procurement Policy Act (41
U.S.C. 433(h)(3)) is amended by striking subparagraph (H).
SEC. 855. <<NOTE: 41 USC 433a.>> FEDERAL ACQUISITION WORKFORCE
IMPROVEMENTS.
(a) <<NOTE: Designation.>> Associate Administrator for Acquisition
Workforce Programs.--The Administrator for Federal Procurement Policy
shall designate a member of the Senior Executive Service as the
Associate Administrator for Acquisition Workforce Programs. The
Associate Administrator for Acquisition Workforce Programs shall be
located in the Federal Acquisition Institute (or its successor). The
Associate Administrator shall be responsible for--
(1) supervising the acquisition workforce training fund
established under section 37(h)(3) of the Office of Federal
Procurement Policy Act (41 U. S. C. 433(h)(3));
(2) developing, in coordination with Chief Acquisition
Officers and Chief Human Capital Officers, a strategic human
capital plan for the acquisition workforce of the Federal
Government;
(3) reviewing and providing input to individual agency
acquisition workforce succession plans;
(4) recommending to the Administrator and other senior
government officials appropriate programs, policies, and
practices to increase the quantity and quality of the Federal
acquisition workforce; and
(5) carrying out such other functions as the Administrator
may assign.
(b) Acquisition and Contracting Training Programs Within Executive
Agencies.--
(1) Requirement.--The head of each executive agency, after
consultation with the Associate Administrator for Acquisition
Workforce Programs, shall establish and operate acquisition and
contracting training programs. Such programs shall--
(A) have curricula covering a broad range of
acquisition and contracting disciplines corresponding to
the specific acquisition and contracting needs of the
agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the
use of self-paced courses, online courses, on-the-job
training, and the use of remote instructors, wherever
such features can be applied without reducing the
effectiveness of the training or negatively affecting
academic standards.
(2) Chief acquisition officer authorities and
responsibilities.--Subject to the authority, direction, and
control of the head of an executive agency, the Chief
Acquisition Officer for such agency shall carry out all powers,
functions, and duties of the head of the agency with respect to
implementation of this subsection. The Chief Acquisition Officer
shall ensure that the policies established by the head of the
agency in accordance with this subsection are implemented
throughout the agency.
(c) Government-Wide Policies and Evaluation.--The Administrator for
Federal Procurement Policy shall issue policies to promote the
development of performance standards for training and uniform
implementation of this section by executive agencies,
[[Page 122 STAT. 252]]
with due regard for differences in program requirements among agencies
that may be appropriate and warranted in view of the agency mission. The
Administrator shall evaluate the implementation of the provisions of
subsection (b) by executive agencies.
(d) Acquisition and Contracting Training Reporting.--The
Administrator for Federal Procurement Policy shall ensure that the heads
of executive agencies collect and maintain standardized information on
the acquisition and contracting workforce related to the implementation
of subsection (b).
(e) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not <<NOTE: Deadline.>> later than 1 year
after the date of the enactment of this Act, each Chief
Acquisition Officer for an executive agency shall develop, in
consultation with the Chief Human Capital Officer for the agency
and the Associate Administrator for Acquisition Workforce
Programs, a succession plan consistent with the agency's
strategic human capital plan for the recruitment, development,
and retention of the agency's acquisition workforce, with a
particular focus on warranted contracting officers and program
managers of the agency.
(2) Content of plan.--The acquisition workforce succession
plan shall address--
(A) recruitment goals for personnel from procurement
intern programs;
(B) the agency's acquisition workforce training
needs;
(C) actions to retain high performing acquisition
professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal
Career Intern Program; and
(E) recruitment goals for personnel from the
Presidential Management Fellows Program.
(f) Training in the Acquisition of Architect and Engineering
Services.--The Administrator for Federal Procurement Policy shall ensure
that a sufficient number of Federal employees are trained in the
acquisition of architect and engineering services.
(g) Utilization of Recruitment and Retention Authorities.--The
Administrator for Federal Procurement Policy, in coordination with the
Director of the Office of Personnel Management, shall encourage
executive agencies to utilize existing authorities, including direct
hire authority and tuition assistance programs, to recruit and retain
acquisition personnel and consider recruiting acquisition personnel who
may be retiring from the private sector, consistent with existing laws
and regulations.
(h) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has the
meaning provided in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(2) Chief acquisition officer.--The term ``Chief Acquisition
Officer'' means a Chief Acquisition Officer for an executive
agency appointed pursuant to section 16 of the Office of Federal
Procurement Policy Act (41 U.S.C. 414).
[[Page 122 STAT. 253]]
Subtitle F--Contracts in Iraq and Afghanistan
SEC. 861. <<NOTE: Deadlines. 10 USC 2302 note.>> MEMORANDUM OF
UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.
(a) Memorandum of Understanding Required.--The Secretary of Defense,
the Secretary of State, and the Administrator of the United States
Agency for International Development shall, not later than July 1, 2008,
enter into a memorandum of understanding regarding matters relating to
contracting for contracts in Iraq or Afghanistan.
(b) Matters Covered.--The memorandum of understanding required by
subsection (a) shall address, at a minimum, the following:
(1) Identification of the major categories of contracts in
Iraq or Afghanistan being awarded by the Department of Defense,
the Department of State, or the United States Agency for
International Development.
(2) Identification of the roles and responsibilities of each
department or agency for matters relating to contracting for
contracts in Iraq or Afghanistan.
(3) Responsibility for establishing procedures for, and the
coordination of, movement of contractor personnel in Iraq or
Afghanistan.
(4) Identification of common databases that will serve as
repositories of information on contracts in Iraq or Afghanistan
and contractor personnel in Iraq or Afghanistan, including
agreement on the elements to be included in the databases,
including, at a minimum--
(A) with respect to each contract--
(i) a brief description of the contract (to
the extent consistent with security
considerations);
(ii) the total value of the contract; and
(iii) whether the contract was awarded
competitively; and
(B) with respect to contractor personnel--
(i) the total number of personnel employed on
contracts in Iraq or Afghanistan;
(ii) the total number of personnel performing
security functions under contracts in Iraq or
Afghanistan; and
(iii) the total number of personnel working
under contracts in Iraq or Afghanistan who have
been killed or wounded.
(5) Responsibility for maintaining and updating information
in the common databases identified under paragraph (4).
(6) Responsibility for the collection and referral to the
appropriate Government agency of any information relating to
offenses under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice) or chapter 212 of title 18,
United States Code (commonly referred to as the Military
Extraterritorial Jurisdiction Act), including a clarification of
responsibilities under section 802(a)(10) of title 10, United
States Code (article 2(a) of the Uniform Code of Military
Justice), as amended by section 552 of the John Warner National
[[Page 122 STAT. 254]]
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
(c) <<NOTE: Regulations.>> Implementation of Memorandum of
Understanding.--Not later than 120 days after the memorandum of
understanding required by subsection (a) is signed, the Secretary of
Defense, the Secretary of State, and the Administrator of the United
States Agency for International Development shall issue such policies or
guidance and prescribe such regulations as are necessary to implement
the memorandum of understanding for the relevant matters pertaining to
their respective agencies.
(d) Copies Provided to Congress.--
(1) Memorandum of understanding.--Copies of the memorandum
of understanding required by subsection (a) shall be provided to
the relevant committees of Congress within 30 days after the
memorandum is signed.
(2) Report on implementation.--Not later than 180 days after
the memorandum of understanding required by subsection (a) is
signed, the Secretary of Defense, the Secretary of State, and
the Administrator of the United States Agency for International
Development shall each provide a report to the relevant
committees of Congress on the implementation of the memorandum
of understanding.
(3) Databases.--The Secretary of Defense, the Secretary of
State, or the Administrator of the United States Agency for
International Development shall provide access to the common
databases identified under subsection (b)(4) to the relevant
committees of Congress.
(4) <<NOTE: Effective date.>> Contracts.--Effective on the
date of the enactment of this Act, copies of any contracts in
Iraq or Afghanistan awarded after December 1, 2007, shall be
provided to any of the relevant committees of Congress within 15
days after the submission of a request for such contract or
contracts from such committee to the department or agency
managing the contract.
SEC. 862. <<NOTE: 10 USC 2302 note.>> CONTRACTORS PERFORMING PRIVATE
SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.
(a) Regulations on Contractors Performing Private Security
Functions.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of the enactment of this Act, the Secretary
of Defense, in coordination with the Secretary of State, shall
prescribe regulations on the selection, training, equipping, and
conduct of personnel performing private security functions under
a covered contract 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,
accounting for, and keeping appropriate records of
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 registration and
identification of armored vehicles, helicopters, and
other military vehicles
[[Page 122 STAT. 255]]
operated by contractors performing private security
functions in an area of combat operations;
(D) a process under which contractors are required
to report all incidents, and persons other than
contractors are permitted to report incidents, in
which--
(i) a weapon is discharged by personnel
performing private security functions in an area
of combat operations;
(ii) personnel performing private security
functions in an area of combat operations are
killed or injured; or
(iii) persons are killed or injured, or
property is destroyed, as a result of conduct by
contractor personnel;
(E) a process for the independent review and, if
practicable, investigation of--
(i) incidents reported pursuant to
subparagraph (D); and
(ii) incidents of alleged misconduct by
personnel performing private security functions in
an area of combat operations;
(F) requirements for qualification, training,
screening (including, if practicable, through background
checks), and security for personnel performing private
security functions in an area of combat operations;
(G) guidance to the commanders of the combatant
commands on the issuance of--
(i) orders, directives, and instructions to
contractors performing private security functions
relating to equipment, force protection, security,
health, safety, or relations and interaction with
locals;
(ii) predeployment training requirements for
personnel performing private security functions in
an area of combat operations, addressing the
requirements of this section, resources and
assistance available to contractor personnel,
country information and cultural training, and
guidance on working with host country nationals
and military; and
(iii) rules on the use of force for personnel
performing private security functions in an area
of combat operations;
(H) a process by which a commander of a combatant
command may request an action described in subsection
(b)(3); and
(I) a process by which the training requirements
referred to in subparagraph (G)(ii) shall be
implemented.
(3) <<NOTE: Website.>> Availability of orders, directives,
and instructions.--The regulations prescribed under subsection
(a) shall include mechanisms to ensure the provision and
availability of the orders, directives, and instructions
referred to in paragraph (2)(G)(i) to contractors referred to in
that paragraph, including through the maintenance of a single
location (including an Internet website, to the extent
consistent with security considerations) at or through which
such contractors may access such orders, directives, and
instructions.
(b) Contract Clause on Contractors Performing Private Security
Functions.--
[[Page 122 STAT. 256]]
(1) <<NOTE: Deadline.>> 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 (or, in the case of a task order, the contract under
which the task order is issued) of a contract clause addressing
the selection, training, equipping, and conduct of personnel
performing private security functions under such contract.
(2) Clause requirement.--The contract clause required by
paragraph (1) shall require, at a minimum, that the contractor
concerned shall--
(A) comply with regulations prescribed under
subsection (a), including any revisions or updates to
such regulations, and follow the procedures established
in such regulations for--
(i) registering, processing, accounting for,
and keeping appropriate records of 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;
(iii) registration and identification of
armored vehicles, helicopters, and other military
vehicles operated by contractors and
subcontractors performing private security
functions in an area of combat operations; and
(iv) the reporting of incidents in which--
(I) a weapon is discharged by
personnel performing private security
functions in an area of combat
operations;
(II) personnel performing private
security functions in an area of combat
operations are killed or injured; or
(III) persons are killed or injured,
or property is destroyed, as a result of
conduct by contractor personnel;
(B) ensure that all personnel performing private
security functions under such contract are briefed on
and understand their obligation to comply with--
(i) qualification, training, screening
(including, if practicable, through background
checks), 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;
(iii) orders, directives, and instructions
issued by the applicable commander of a combatant
command relating to equipment, force protection,
security, health, safety, or relations and
interaction with locals; and
[[Page 122 STAT. 257]]
(iv) rules on the use of force 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)(E) by providing access to employees of the
contractor and relevant information in the possession of
the contractor regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The contracting
officer for a covered contract may direct the contractor, 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 a gross violation or failure or is repeated, the
contract may be terminated for default.
(4) Applicability.--The contract clause required by this
subsection shall be included in all covered contracts 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 awarded before such date.
(5) Inspector general report on pilot program on imposition
of fines for noncompliance of personnel with clause.--Not later
than March 30, 2008, the Inspector General of the Department of
Defense shall submit to Congress a report assessing the
feasibility and advisability of carrying out a pilot program for
the imposition of fines on contractors for personnel who violate
or fail to comply with applicable requirements of the clause
required by this section as a mechanism for enhancing the
compliance of such personnel with the clause. The report shall
include--
(A) an assessment of the feasibility and
advisability of carrying out the pilot program; and
(B) if the Inspector General determines that
carrying out the pilot program is feasible and
advisable--
(i) recommendations on the range of contracts
and subcontracts to which the pilot program should
apply; and
(ii) a schedule of fines to be imposed under
the pilot program for various types of personnel
actions or failures.
(c) Areas of Combat Operations.--
(1) <<NOTE: Deadline.>> 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
[[Page 122 STAT. 258]]
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) Exception.--The requirements of this section shall not apply to
contracts entered into by elements of the intelligence community in
support of intelligence activities.
SEC. 863. <<NOTE: 10 USC 2302 note.>> COMPTROLLER GENERAL REVIEWS AND
REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Reviews and Reports Required.--
(1) In general.--Every 12 months, the Comptroller General
shall review contracts in Iraq or Afghanistan and submit to the
relevant committees of Congress a report on such review.
(2) Matters covered.--A report under this subsection shall
cover the following with respect to the contracts in Iraq or
Afghanistan reviewed for the report:
(A) Total number of contracts and task orders
awarded during the period covered by the report.
(B) Total number of active contracts and task
orders.
(C) Total value of all contracts and task orders
awarded during the reporting period.
(D) Total value of active contracts and task orders.
(E) The extent to which such contracts have used
competitive procedures.
(F) Total number of contractor personnel working on
contracts during the reporting period.
(G) Total number of contractor personnel, on
average, who are performing security functions during
the reporting period.
(H) The number of contractor personnel killed or
wounded during the reporting period.
(I) Information on any specific contract or class of
contracts that the Comptroller General determines raises
issues of significant concern.
(3) Submission of reports.--The Comptroller General shall
submit an initial report under this subsection not later than
October 1, 2008, and shall submit an updated report every year
thereafter until October 1, 2010.
(b) Access to Databases on Contracts.--The Secretary of Defense and
the Secretary of State shall provide full access to the databases
described in section 861(b)(4) to the Comptroller General for purposes
of the reviews carried out under this section.
SEC. 864. <<NOTE: 10 USC 2302 note.>> DEFINITIONS AND OTHER GENERAL
PROVISIONS.
(a) Definitions.--In this subtitle:
(1) Matters relating to contracting.--The term ``matters
relating to contracting'', with respect to contracts in Iraq and
Afghanistan, means all matters relating to awarding, funding,
managing, tracking, monitoring, and providing oversight to
contracts and contractor personnel.
(2) Contract in iraq or afghanistan.--The term ``contract in
Iraq or Afghanistan'' means a contract with the Department of
Defense, the Department of State, or the United States Agency
for International Development, a subcontract at any
[[Page 122 STAT. 259]]
tier issued under such a contract, or a task order or delivery
order at any tier issued under such a contract (including a
contract, subcontract, or task order or delivery order issued by
another Government agency for the Department of Defense, the
Department of State, or the United States Agency for
International Development), if the contract, subcontract, or
task order or delivery order involves worked performed in Iraq
or Afghanistan for a period longer than 14 days.
(3) Covered contract.--The term ``covered contract'' means--
(A) 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) of section 862;
(B) a subcontract at any tier under such a contract;
or
(C) a task order or delivery order issued under such
a contract or subcontract.
(4) Contractor.--The term ``contractor'', with respect to a
covered contract, means the contractor or subcontractor carrying
out the covered contract.
(5) Private security functions.--The term ``private security
functions'' means activities engaged in by a contractor under a
covered contract 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.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means each of the following committees:
(A) The Committees on Armed Services of the Senate
and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives.
(C) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(D) For purposes of contracts relating to the
National Foreign Intelligence Program, the Select
Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(b) Classified Information.--Nothing in this subtitle shall be
interpreted to require the handling of classified information or
information relating to intelligence sources and methods in a manner
inconsistent with any law, regulation, executive order, or rule of the
House of Representatives or of the Senate relating to the handling or
protection of such information.
[[Page 122 STAT. 260]]
Subtitle G--Defense Materiel Readiness Board
SEC. 871. <<NOTE: 10 USC 117 note.>> ESTABLISHMENT OF DEFENSE MATERIEL
READINESS BOARD.
(a) <<NOTE: Deadline.>> Establishment.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of Defense
shall establish a Defense Materiel Readiness Board (in this subtitle
referred to as the ``Board'') within the Office of the Secretary of
Defense.
(b) Membership.--The Secretary shall appoint the chairman and the
members of the Board from among officers of the Armed Forces with
expertise in matters relevant to the function of the Board to assess
materiel readiness and evaluate plans and policies relating to materiel
readiness. At a minimum, the Board shall include representatives of the
Joint Chiefs of Staff, each of the Armed Forces, and each of the reserve
components of the Armed Forces.
(c) Staff.--The Secretary of Defense shall assign staff, and request
the Secretaries of the military departments to assign staff, as
necessary to assist the Board in carrying out its duties.
(d) Functions.--The Board shall provide independent assessments of
materiel readiness, materiel readiness shortfalls, and materiel
readiness plans to the Secretary of Defense and the Congress. To carry
out such functions, the Board shall--
(1) monitor and assess the materiel readiness of the Armed
Forces;
(2) assist the Secretary of Defense in the identification of
deficiencies in the materiel readiness of the Armed Forces
caused by shortfalls in weapons systems, equipment, and
supplies;
(3) identify shortfalls in materiel readiness, including
critical materiel readiness shortfalls, for purposes of the
Secretary's designations under section 872 and the funding
needed to address such shortfalls;
(4) assess the adequacy of current Department of Defense
plans, policies, and programs to address shortfalls in materiel
readiness, including critical materiel readiness shortfalls (as
designated by the Secretary under section 872), and to sustain
and improve materiel readiness;
(5) assist the Secretary of Defense in determining whether
the industrial capacity of the Department of Defense and of the
defense industrial base is being best utilized to support the
materiel readiness needs of the Armed Forces;
(6) review and assess Department of Defense systems for
measuring the status of current materiel readiness of the Armed
Forces; and
(7) make recommendations with respect to materiel readiness
funding, measurement techniques, plans, policies, and programs.
(e) Reports.--The Board shall submit to the Secretary of Defense a
report summarizing its findings and recommendations not less than once
every six months. Within 30 days after receiving a report from the
Board, the Secretary shall forward the report in its entirety, together
with his comments, to the congressional defense committees. The report
shall be submitted in unclassified
[[Page 122 STAT. 261]]
form. To the extent necessary, the report may be accompanied by a
classified annex.
SEC. 872. <<NOTE: 10 USC 117 note.>> CRITICAL MATERIEL READINESS
SHORTFALLS.
(a) Designation of Critical Materiel Readiness Shortfalls.--
(1) Designation.--The Secretary of Defense may designate any
requirement of the Armed Forces for equipment or supplies as a
critical materiel readiness shortfall if there is a shortfall in
the required equipment or supplies that materially reduces
readiness of the Armed Forces and that--
(A) cannot be adequately addressed by identifying
acceptable substitute capabilities or cross leveling of
equipment that does not unacceptably reduce the
readiness of other Armed Forces; and
(B) that is likely to persist for more than two
years based on currently projected budgets and schedules
for deliveries of equipment and supplies.
(2) Consideration of board findings and recommendations.--In
making any such designation, the Secretary shall take into
consideration the findings and recommendations of the Defense
Materiel Readiness Board.
(b) Measures to Address Critical Materiel Readiness Shortfalls.--The
Secretary of Defense shall ensure that critical materiel readiness
shortfalls designated pursuant to subsection (a)(1) are transmitted to
the relevant officials of the Department of Defense responsible for
requirements, budgets, and acquisition, and that such officials
prioritize and address such shortfalls in the shortest time frame
practicable.
(c) Transfer Authority.--
(1) In general.--The amounts of authorizations that the
Secretary may transfer under the authority of section 1001 of
this Act is hereby increased by $2,000,000,000.
(2) Limitations.--The additional transfer authority provided
by this section--
(A) may be made only from authorizations to the
Department of Defense for fiscal year 2008;
(B) may be exercised solely for the purpose of
addressing critical materiel readiness shortfalls as
designated by the Secretary of Defense under subsection
(a); and
(C) is subject to the same terms, conditions, and
procedures as other transfer authority under section
1001 of this Act.
(d) Strategic Readiness Fund.--
(1) Establishment.--There is established on the books of the
Treasury a fund to be known as the Department of Defense
Strategic Readiness Fund (in this subsection referred to as the
``Fund''), which shall be administered by the Secretary of the
Treasury.
(2) Purposes.--The Fund shall be used to address critical
materiel readiness shortfalls as designated by the Secretary of
Defense under subsection (a).
(3) Assets of fund.--There shall be deposited into the Fund
any amount appropriated to the Fund, which shall constitute the
assets of the Fund.
[[Page 122 STAT. 262]]
(4) Limitation.--The procurement unit cost (as defined in
section 2432(a) of title 10, United States Code) of any item
purchased using assets of the Fund, whether such assets are in
the Fund or after such assets have been transferred from the
Fund using the authority provided in subsection (c), shall not
exceed $30,000,000.
(e) Multiyear Contract Notification.--
(1) <<NOTE: Deadline.>> Notification.--If the Secretary of
a military department makes the determination described in
paragraph (2) with respect to the use of a multiyear contract,
the Secretary shall notify the congressional defense committees
within 30 days of the determination and provide a detailed
description of the proposed multiyear contract.
(2) Determination.--The determination referred to in
paragraph (1) is a determination by the Secretary of a military
department that the use of a multiyear contract to procure an
item to address a critical materiel readiness shortfall--
(A) will significantly accelerate efforts to address
a critical materiel readiness shortfall;
(B) will provide savings compared to the total
anticipated costs of carrying out the contract through
annual contracts; and
(C) will serve the interest of national security.
(f) Definition.--In this section, the term ``critical materiel
readiness shortfall'' means a critical materiel readiness shortfall
designated by the Secretary of Defense under this section.
Subtitle H--Other Matters
SEC. 881. <<NOTE: 10 USC 2225 note.>> CLEARINGHOUSE FOR RAPID
IDENTIFICATION AND DISSEMINATION OF COMMERCIAL INFORMATION
TECHNOLOGIES.
(a) <<NOTE: Deadline.>> Requirement to Establish Clearinghouse.--
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Assistant Secretary of Defense
for Networks and Information Integration, shall establish a
clearinghouse for identifying, assessing, and disseminating knowledge
about readily available information technologies (with an emphasis on
commercial off-the-shelf information technologies) that could support
the warfighting mission of the Department of Defense.
(b) Responsibilities.--The clearinghouse established pursuant to
subsection (a) shall be responsible for the following:
(1) Developing a process to rapidly assess and set
priorities and needs for significant information technology
needs of the Department of Defense that could be met by
commercial technologies, including a process for--
(A) aligning priorities and needs with the
requirements of the commanders of the combatant command;
and
(B) proposing recommendations to the commanders of
the combatant command of feasible technical solutions
for further evaluation.
(2) Identifying and assessing emerging commercial
technologies (including commercial off-the-shelf technologies)
that could support the warfighting mission of the Department of
Defense, including the priorities and needs identified pursuant
to paragraph (1).
[[Page 122 STAT. 263]]
(3) Disseminating information about commercial technologies
identified pursuant to paragraph (2) to commanders of combatant
commands and other potential users of such technologies.
(4) Identifying gaps in commercial technologies and working
to stimulate investment in research and development in the
public and private sectors to address those gaps.
(5) Enhancing internal data and communications systems of
the Department of Defense for sharing and retaining information
regarding commercial technology priorities and needs,
technologies available to meet such priorities and needs, and
ongoing research and development directed toward gaps in such
technologies.
(6) Developing mechanisms, including web-based mechanisms,
to facilitate communications with industry regarding the
priorities and needs of the Department of Defense identified
pursuant to paragraph (1) and commercial technologies available
to address such priorities and needs.
(7) Assisting in the development of guides to help small
information technology companies with promising technologies to
understand and navigate the funding and acquisition processes of
the Department of Defense.
(8) Developing methods to measure how well processes
developed by the clearinghouse are being utilized and to collect
data on an ongoing basis to assess the benefits of commercial
technologies that are procured on the recommendation of the
clearinghouse.
(c) Personnel.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Networks and Information Integration,
shall provide for the hiring and support of employees (including
detailees from other components of the Department of Defense and from
other Federal departments or agencies) to assist in identifying,
assessing, and disseminating information regarding commercial
technologies under this section.
(d) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation of this
section.
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS AND
LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY
MANUFACTURERS.
(a) Authority to License Certain Items.--Section 2260 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) Licenses for Qualifying Companies.--(1) The Secretary
concerned may license trademarks, service marks, certification marks,
and collective marks owned or controlled by the Secretary relating to
military designations and likenesses of military weapons systems to any
qualifying company upon receipt of a request from the company.
``(2) For purposes of paragraph (1), a qualifying company is any
United States company that--
``(A) is a toy or hobby manufacturer; and
[[Page 122 STAT. 264]]
``(B) is determined by the Secretary concerned to be
qualified in accordance with such criteria as determined
appropriate by the Secretary of Defense.
``(3) The fee for a license under this subsection shall not exceed
by more than a nominal amount the amount needed to recover all costs of
the Department of Defense in processing the request for the license and
supplying the license.
``(4) A license to a qualifying company under this subsection shall
provide that the license may not be transferred, sold, or relicensed by
the qualifying company.
``(5) A license under this subsection shall not be an exclusive
license.''.
(b) <<NOTE: Regulations. Deadline. 10 USC 2260 note.>> Effective
Date.--The Secretary of Defense shall prescribe regulations to implement
the amendment made by this section not later than 180 days after the
date of the enactment of this Act.
SEC. 883. <<NOTE: 10 USC 2302 note.>> MODIFICATIONS TO LIMITATION ON
CONTRACTS TO ACQUIRE MILITARY FLIGHT SIMULATOR.
(a) Effect on Existing Contracts.--Section 832 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2331) is amended by adding at the end the following new
subsection:
``(e) Effect on Existing Contracts.--The limitation in subsection
(a) does not apply to any service contract of a military department to
acquire a military flight simulator, or to any renewal or extension of,
or follow-on contract to, such a contract, if--
``(1) the contract was in effect as of October 17, 2006;
``(2) the number of flight simulators to be acquired under
the contract (or renewal, extension, or follow-on) will not
result in the total number of flight simulators acquired by the
military department concerned through service contracts to
exceed the total number of flight simulators to be acquired
under all service contracts of such department for such
simulators in effect as of October 17, 2006; and
``(3) in the case of a renewal or extension of, or follow-on
contract to, the contract, the Secretary of the military
department concerned provides to the congressional defense
committees a written notice of the decision to exercise an
option to renew or extend the contract, or to issue a
solicitation for bids or proposals using competitive procedures
for a follow-on contract, and an economic analysis as described
in subsection (c) supporting the decision, at least 30 days
before carrying out such decision.''.
(b) Change in Grounds for Waiver.--Section 832(c)(1) of such Act, as
redesignated by subsection (a), is amend by striking ``necessary for
national security purposes'' and inserting ``in the national interest''.
SEC. 884. <<NOTE: 10 USC 2533b note.>> REQUIREMENTS RELATING TO WAIVERS
OF CERTAIN DOMESTIC SOURCE LIMITATIONS RELATING TO SPECIALTY
METALS.
(a) Notice Requirement.--At least 30 days prior to making a domestic
nonavailability determination pursuant to section 2533b(b) of title 10,
United States Code, that would apply to more than one contract of the
Department of Defense, the Secretary of Defense shall, to the maximum
extent practicable and in a
[[Page 122 STAT. 265]]
manner consistent with the protection of national security information
and confidential business information--
(1) <<NOTE: Website.>> publish a notice on the website
maintained by the General Services Administration known as
FedBizOpps.gov (or any successor site) of the Secretary's intent
to make the domestic nonavailability determination; and
(2) solicit information relevant to such notice from
interested parties, including producers of specialty metal mill
products.
(b) Determination.--(1) The Secretary shall take into consideration
all information submitted pursuant to subsection (a) in making a
domestic nonavailability determination pursuant to section 2533b(b) of
title 10, United States Code, that would apply to more than one contract
of the Department of Defense, and may also consider other relevant
information that cannot be made part of the public record consistent
with the protection of national security information and confidential
business information.
(2) <<NOTE: Public information.>> The Secretary shall ensure that
any such determination and the rationale for such determination is made
publicly available to the maximum extent consistent with the protection
of national security information and confidential business information.
SEC. 885. <<NOTE: 10 USC 2304 note.>> TELEPHONE SERVICES FOR MILITARY
PERSONNEL SERVING IN COMBAT ZONES.
(a) Competitive Procedures Required.--
(1) Requirement.--When the Secretary of Defense considers it
necessary to provide morale, welfare, and recreation telephone
services for military personnel serving in combat zones, the
Secretary shall use competitive procedures when entering into a
contract to provide those services.
(2) Review and determination.--Before soliciting bids or
proposals for new contracts, or considering extensions to
existing contracts, to provide morale, welfare, and recreation
telephone services for military personnel serving in combat
zones, the Secretary shall review and determine whether it is in
the best interest of the Department to require bids or
proposals, or adjustments for the purpose of extending a
contract, to include options that minimize the cost of the
telephone services to individual users while providing
individual users the flexibility of using phone cards from other
than the prospective contractor. The Secretary shall submit the
results of this review and determination to the Committees on
Armed Services of the Senate and the House of Representatives.
(b) <<NOTE: Applicability.>> Effective Date.--
(1) Requirement.--Subsection (a)(1) shall apply to any new
contract to provide morale, welfare, and recreation telephone
services for military personnel serving in combat zones that is
entered into after the date of the enactment of this Act.
(2) Review and determination.--Subsection (a)(2) shall apply
to any new contract or extension to an existing contract to
provide morale, welfare, and recreation telephone services for
military personnel serving in combat zones that is entered into
or agreed upon after the date of the enactment of this Act.
[[Page 122 STAT. 266]]
SEC. 886. <<NOTE: 10 USC 2302 note.>> 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. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE POLICIES
AND PROCEDURES FOR THE ACQUISITION OF INFORMATION
TECHNOLOGY.
(a) <<NOTE: Deadline.>> 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.
[[Page 122 STAT. 267]]
(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;
(G) the information officers of the Defense
Agencies; and
(H) the Director of Operational Test and Evaluation
and the heads of the operational test organizations of
the military departments and 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 subtitle III of title 40, United
States Code, and chapter 35 of title 44, United States Code,
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 metrics 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.
(9) The adequacy of operational and development test
resources (including infrastructure and personnel), policies,
and procedures to ensure appropriate testing of information
technology systems both during development and before
operational use.
(10) The appropriate policies and procedures for technology
assessment, development, and operational testing for purposes of
the adoption of commercial technologies into 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.
[[Page 122 STAT. 268]]
SEC. 888. GREEN PROCUREMENT POLICY.
(a) Sense of Congress.--It is the sense of Congress that the
Department of Defense should establish a system to document and track
the use of environmentally preferable products and services.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on a plan to increase the usage of environmentally friendly products
that minimize potential impacts to human health and the environment at
all Department of Defense facilities inside and outside the United
States, including through the direct purchase of products and the
purchase of products by facility maintenance contractors. The report
shall also cover consideration of the budgetary impact of implementation
of the plan.
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE
DEFENSE PRODUCTION ACT OF 1950.
(a) Thorough Review Required.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller'') shall
conduct a thorough review of the application of the Defense Production
Act of 1950, covering the period beginning on the date of the enactment
of the Defense Production Act Reauthorization of 2003 (Public Law 108-
195) and ending on the date of the enactment of this Act.
(b) Considerations.--In conducting the review required by this
section, the Comptroller shall examine--
(1) the relevance and utility of the authorities provided
under the Defense Production Act of 1950 to meet the security
challenges of the 21st Century;
(2) the manner in which the authorities provided under such
Act have been used by the Federal Government--
(A) to meet security challenges;
(B) to meet current and future defense requirements;
(C) to meet current and future energy requirements;
(D) to meet current and future domestic emergency
and disaster response and recovery requirements;
(E) to reduce the interruption of critical
infrastructure operations during a terrorist attack,
natural catastrophe, or other similar national
emergency; and
(F) to safeguard critical components of the United
States industrial base, including American aerospace and
shipbuilding industries;
(3) the economic impact of foreign offset contracts;
(4) the relative merit of developing rapid and standardized
systems for use of the authorities provided under the Defense
Production Act of 1950, by any Federal agency; and
(5) such other issues as the Comptroller determines
relevant.
(c) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the Comptroller shall submit to the
Committees on Armed Services and on Banking, Housing, and Urban Affairs
of the Senate and the Committees on Armed Services and on Financial
Services of the House of Representatives a report on the review
conducted under this section.
(d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--
[[Page 122 STAT. 269]]
(1) the provisions of section 705(d) of the Defense
Production Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply
to information sought or obtained by the Comptroller for
purposes of the review required by this section; and
(2) provisions of law pertaining to the protection of
classified information or proprietary information otherwise
applicable to information sought or obtained by the Comptroller
in carrying out this section shall not be affected by any
provision of this section.
SEC. 890. <<NOTE: 10 USC 2302 note. Deadline. Regulations.>> PREVENTION
OF EXPORT CONTROL VIOLATIONS.
(a) Prevention of Export Control Violations.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations requiring any contractor under a
contract with the Department of Defense to provide goods or technology
that is subject to export controls under the Arms Export Control Act or
the Export Administration of 1979 (as continued in effect under the
International Emergency Economic Powers Act) to comply with those Acts
and applicable regulations with respect to such goods and technology,
including the International Traffic in Arms Regulations and the Export
Administration Regulations. Regulations prescribed under this subsection
shall include a contract clause enforcing such requirement.
(b) <<NOTE: Contracts.>> Training on Export Controls.--The
Secretary of Defense shall ensure that any contractor under a contract
with the Department of Defense to provide goods or technology that is
subject to export controls under the Arms Export Control Act or the
Export Administration of 1979 (as continued in effect under the
International Emergency Economic Powers Act) is made aware of any
relevant resources made available by the Department of State and the
Department of Commerce to assist in compliance with the requirement
established by subsection (a) and the need for a corporate compliance
plan and periodic internal audits of corporate performance under such
plan.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report assessing the utility of--
(1) requiring defense contractors (or subcontractors at any
tier) to periodically report on measures taken to ensure
compliance with the International Traffic in Arms Regulations
and the Export Administration Regulations;
(2) requiring periodic audits of defense contractors (or
subcontractors at any tier) to ensure compliance with all
provisions of the International Traffic in Arms Regulations and
the Export Administration Regulations;
(3) requiring defense contractors to maintain a corporate
training plan to disseminate information to appropriate
contractor personnel regarding the applicability of the Arms
Export Control Act and the Export Administration Act of 1979;
and
(4) requiring a designated corporate liaison, available for
training provided by the United States Government, whose primary
responsibility would be contractor compliance with the Arms
Export Control Act and the Export Administration Act of 1979.
(d) Definitions.--In this section:
[[Page 122 STAT. 270]]
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations contained
in sections 730 through 774 of title 15, Code of Federal
Regulations (or successor regulations).
(2) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120 through 130 of title 22,
Code of Federal Regulations (or successor regulations).
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND
ALASKA NATIVE-SERVING INSTITUTIONS.
Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) Native Hawaiian-serving institutions and
Alaska Native-serving institutions (as defined in
section 317 of the Higher Education Act of 1965).'';
(2) in subsection (a)(2), by inserting after ``Hispanic-
serving institutions,'' the following: ``Native Hawaiian-serving
institutions and Alaska Native-serving institutions,'';
(3) in subsection (c)(1), by inserting after ``Hispanic-
serving institutions,'' the following: ``Native Hawaiian-serving
institutions and Alaska Native-serving institutions,''; and
(4) in subsection (c)(3), by inserting after ``Hispanic-
serving institutions,'' the following: ``to Native Hawaiian-
serving institutions and Alaska Native-serving institutions,''.
SEC. 892. <<NOTE: 10 USC 2304 note.>> 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) <<NOTE: Applicability.>> 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.
[[Page 122 STAT. 271]]
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 and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
[[Page 122 STAT. 272]]
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED REPORT.
(a) Repeal of Limitation.--
(1) Repeal.--Section 130a of title 10, United States Code,
is repealed.
(2) 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.
(b) <<NOTE: 10 USC 221 note.>> Report Required.--The Secretary of
Defense shall include a report with the defense budget materials for
each fiscal year that includes the following information:
(1) The average number of military personnel and civilian
employees of the Department of Defense assigned to major
Department of Defense headquarters activities for each component
of the Department of Defense during the preceding fiscal year.
(2) The total increase in personnel assigned to major
headquarters activities, if any, during the preceding fiscal
year--
(A) attributable to the replacement of contract
personnel with military personnel or civilian employees
of the Department of Defense, including the number of
positions associated with the replacement of contract
personnel performing inherently governmental functions;
and
(B) attributable to reasons other than the
replacement of contract personnel with military
personnel or civilian employees of the Department, such
as workload or operational demand increases.
(3) An estimate of the cost savings, if any, associated with
the elimination of contracts for the performance of major
headquarters activities.
(4) The number of military personnel and civilian employees
of the Department of Defense assigned to major headquarters
activities for each component of the Department of Defense as of
October 1 of the preceding fiscal year.
(c) Definitions.--In this section:
(1) Defense budget materials.--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 that is submitted to Congress by
the President under section 1105 of title 31, United States
Code.
(2) Contract personnel.--The term ``contract personnel''
means persons hired under a contract with the Department of
Defense for the performance of major Department of Defense
headquarters activities.
SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND
ASSISTANT CHIEFS.
(a) Army.--Section 3035(b) of title 10, United States Code, is
amended to read as follows:
[[Page 122 STAT. 273]]
``(b) The Secretary of the Army shall prescribe the number of Deputy
Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more
than eight positions.''.
(b) Navy.--
(1) Deputy chiefs of naval operations.--Section 5036(a) of
title 10, United States Code, is amended--
(A) by striking ``There are in the Office of the
Chief of Naval Operations not more than five Deputy
Chiefs of Naval Operations,'' and inserting ``There are
Deputy Chiefs of Naval Operations in the Office of the
Chief of Naval Operations,''; and
(B) by adding at the end the following: ``The
Secretary of the Navy shall prescribe the number of
Deputy Chiefs of Naval Operations under this section and
Assistant Chiefs of Naval Operations under section 5037
of this title, for a total of not more than eight
positions.''.
(2) Assistant chiefs of naval operations.--Section 5037(a)
of such title is amended--
(A) by striking ``There are in the Office of the
Chief of Naval Operations not more than three Assistant
Chiefs of Naval Operations,'' and inserting ``There are
Assistant Chiefs of Naval Operations in the Office of
the Chief of Naval Operations,''; and
(B) by adding at the end the following: ``The
Secretary of the Navy shall prescribe the number of
Assistant Chiefs of Naval Operations in accordance with
section 5036(a) of this title.''.
(c) Air Force.--Section 8035(b) of title 10, United States Code, is
amended to read as follows:
``(b) The Secretary of the Air Force shall prescribe the number of
Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not
more than eight positions.''.
SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO
DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.
(a) Secretary of Defense.--Section 113(a) of title 10, United States
Code, is amended by striking ``10'' and inserting ``seven''.
(b) Deputy Secretary of Defense.--Section 132(a) of such title is
amended by striking ``ten'' and inserting ``seven''.
(c) Under Secretary of Defense for Policy.--Section 134(a) of such
title is amended by striking ``10'' and inserting ``seven''.
SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.
(a) Assignment of Management Duties and Designation of a Chief
Management Officer and Deputy Chief Management Officer of the Department
of Defense.--
(1) Establishment of position.--Section 132 of title 10,
United States Code is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) <<NOTE: President.>> The Deputy Secretary serves as the Chief
Management Officer of the Department of Defense. The Deputy Secretary
shall be assisted in this capacity by a Deputy Chief Management Officer,
who shall be appointed from civilian life by the President, by and with
the advice and consent of the Senate.''.
(2) <<NOTE: 10 USC 132 note.>> Assignment of duties.--
[[Page 122 STAT. 274]]
(A) The Secretary of Defense shall assign duties and
authorities relating to the management of the business
operations of the Department of Defense.
(B) The Secretary shall assign such duties and
authorities to the Chief Management Officer as are
necessary for that official to effectively and
efficiently organize the business operations of the
Department of Defense.
(C) The Secretary shall assign such duties and
authorities to the Deputy Chief Management Officer as
are necessary for that official to assist the Chief
Management Officer to effectively and efficiently
organize the business operations of the Department of
Defense.
(D) The Deputy Chief Management Officer shall
perform the duties and have the authorities assigned by
the Secretary under subparagraph (C) and perform such
duties and have such authorities as are delegated by the
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:
``Deputy Chief Management Officer of the Department of
Defense.''.
(4) Placement in osd.--Section 131(b)(2) of title 10, United
States Code, is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The Deputy Chief Management Officer of the Department
of Defense.''.
(b) <<NOTE: 10 USC 132 note.>> Assignment of Management Duties and
Designation of the Chief Management Officers of the Military
Departments.--
(1) The Secretary of a military department shall assign
duties and authorities relating to the management of the
business operations of such military department.
(2) The Secretary of a military department, in assigning
duties and authorities under paragraph (1) shall designate the
Under Secretary of such military department to have the primary
management responsibility for business operations, to be known
in the performance of such duties as the Chief Management
Officer.
(3) The Secretary shall assign such duties and authorities
to the Chief Management Officer as are necessary for that
official to effectively and efficiently organize the business
operations of the military department concerned.
(4) The Chief Management Officer of each military department
shall promptly provide such information relating to the business
operations of such department to the Chief Management Officer
and Deputy Chief Management Officer of the Department of Defense
as is necessary to assist those officials in the performance of
their duties.
(c) Management of Defense Business Transformation Agency.--Section
192(e)(2) of title 10, United States Code, is amended by striking ``that
the Agency'' and all that follows and inserting ``that the Director of
the Agency shall report directly
[[Page 122 STAT. 275]]
to the Deputy Chief Management Officer of the Department of Defense.''.
(d) <<NOTE: 10 USC note prec. 2201.>> Strategic Management Plan
Required.--
(1) Requirement.--The Secretary of Defense, acting through
the Chief Management Officer of the Department of Defense, shall
develop a strategic management plan for the Department of
Defense.
(2) Matters covered.--Such plan shall include, at a minimum,
detailed descriptions of--
(A) performance goals and measures for improving and
evaluating the overall efficiency and effectiveness of
the business operations of the Department of Defense and
achieving an integrated management system for business
support areas within the Department of Defense;
(B) key initiatives to be undertaken by the
Department of Defense to achieve the performance goals
under subparagraph (A), together with related resource
needs;
(C) procedures to monitor the progress of the
Department of Defense in meeting performance goals and
measures under subparagraph (A);
(D) procedures to review and approve plans and
budgets for changes in business operations, including
any proposed changes to policies, procedures, processes,
and systems, to ensure the compatibility of such plans
and budgets with the strategic management plan of the
Department of Defense; and
(E) procedures to oversee the development of, and
review and approve, all budget requests for defense
business systems.
(3) <<NOTE: Deadlines. Records.>> Updates.--The Secretary
of Defense, acting through the Chief Management Officer, shall
update the strategic management plan no later than July 1, 2009,
and every two years thereafter and provide a copy to the
Committees on Armed Services of the Senate and the House of
Representatives.
(e) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the implementation of this section and a copy of the strategic
management plan required by subsection (d).
SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND ACQUISITION
AUTHORITY.
Subparagraph (B) of section 905(b)(1) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2353) <<NOTE: 10 USC 133 note.>> is amended by striking ``and
mutually supportive of''.
SEC. 906. 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').
[[Page 122 STAT. 276]]
``(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) <<NOTE: Reports. Deadlines.>> 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.''.
[[Page 122 STAT. 277]]
(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) <<NOTE: 10 USC 183 note.>> 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 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. 907. 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''.
[[Page 122 STAT. 278]]
SEC. 908. <<NOTE: Establishment. Appointments.>> 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 Military
Deputy, who shall be a lieutenant general of the Army on active duty.
The Principal Military Deputy shall be appointed from among officers who
have significant experience in the areas of acquisition and program
management. The position of Principal Military Deputy shall be
designated as a critical acquisition position under section 1733 of this
title.''.
(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 Military
Deputy, who shall be a vice admiral of the Navy or a lieutenant general
of the Marine Corps on active duty. The Principal Military Deputy shall
be appointed from among officers who have significant experience in the
areas of acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition position
under section 1733 of this title.''.
(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 Military
Deputy, who shall be a lieutenant general of the Air Force on active
duty. The Principal Military Deputy shall be appointed from among
officers who have significant experience in the areas of acquisition and
program management. The position of Principal Military Deputy shall be
designated as a critical acquisition position under section 1733 of this
title.''.
(d) <<NOTE: 10 USC 2430 note.>> Duty of Principal Military Deputies
To Inform Service Chiefs on Major Defense Acquisition Programs.--Each
Principal Military Deputy to a service acquisition executive shall be
responsible for keeping the Chief of Staff of the Armed Forces concerned
informed of the progress of major defense acquisition programs.
SEC. 909. 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.
[[Page 122 STAT. 279]]
Subtitle B--Space Activities
SEC. 911. <<NOTE: 10 USC 2271 note.>> SPACE PROTECTION STRATEGY.
(a) Sense of Congress.--It is the Sense of Congress that the United
States should place greater priority on the protection of national
security space systems.
(b) Strategy.--The Secretary of Defense, in conjunction with the
Director of National Intelligence, shall develop a strategy, to be known
as the Space Protection Strategy, for the development and fielding by
the United States of the capabilities that are necessary to ensure
freedom of action in space for the United States.
(c) Matters Included.--The strategy required by subsection (b) shall
include each of the following:
(1) An identification of the threats to, and the
vulnerabilities of, the national security space systems of the
United States.
(2) A description of the capabilities currently contained in
the program of record of the Department of Defense and the
intelligence community that ensure freedom of action in space.
(3) For each period covered by the strategy, a description
of the capabilities that are needed for the period, including--
(A) the hardware, software, and other materials or
services to be developed or procured;
(B) the management and organizational changes to be
achieved; and
(C) concepts of operations, tactics, techniques, and
procedures to be employed.
(4) For each period covered by the strategy, an assessment
of the gaps and shortfalls between the capabilities that are
needed for the period and the capabilities currently contained
in the program of record.
(5) For each period covered by the strategy, a comprehensive
plan for investment in capabilities that identifies specific
program and technology investments to be made in that period.
(6) A description of the current processes by which the
systems protection requirements of the Department of Defense and
the intelligence community are addressed in space acquisition
programs and during key milestone decisions, an assessment of
the adequacy of those processes, and an identification of the
actions of the Department and the intelligence community for
addressing any inadequacies in those processes.
(7) A description of the current processes by which the
Department of Defense and the intelligence community program and
budget for capabilities (including capabilities that are
incorporated into single programs and capabilities that span
multiple programs), an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for addressing any
inadequacies in those processes.
(8) A description of the organizational and management
structure of the Department of Defense and the intelligence
community for addressing policy, planning, acquisition, and
operations with respect to capabilities, a description of the
[[Page 122 STAT. 280]]
roles and responsibilities of each organization, and an
identification of the actions of the Department and the
intelligence community for addressing any inadequacies in that
structure.
(d) Periods Covered.--The strategy required by subsection (b) shall
cover the following periods:
(1) Fiscal years 2008 through 2013.
(2) Fiscal years 2014 through 2019.
(3) Fiscal years 2020 through 2025.
(e) Definitions.--In this section--
(1) the term ``capabilities'' means space, airborne, and
ground systems and capabilities for space situational awareness
and for space systems protection; and
(2) the term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(f) Report; Biennial Update.--
(1) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense, in conjunction
with the Director of National Intelligence, shall submit to
Congress a report on the strategy required by subsection (b),
including each of the matters required by subsection (c).
(2) Biennial update.--Not <<NOTE: Deadline.>> later than
March 15 of each even-numbered year after 2008, the Secretary of
Defense, in conjunction with the Director of National
Intelligence, shall submit to Congress an update to the report
required by paragraph (1).
(3) Classification.--The report required by paragraph (1),
and each update required by paragraph (2), shall be in
unclassified form, but may include a classified annex.
(g) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3405; 10 U.S.C. 2271 note) is repealed.
SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 490. Space cadre management: biennial report
``(a) Requirement.--The Secretary of Defense and each Secretary of a
military department shall develop metrics and use these metrics to
identify, track, and manage space cadre personnel within the Department
of Defense to ensure the Department has sufficient numbers of personnel
with the expertise, training, and experience to meet current and future
national security space needs.
``(b) Biennial Report Required.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, and every even-numbered year
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the management of
the space cadre.
``(2) Matters included.--The report required by paragraph
(1) shall include--
``(A) the number of active duty, reserve duty, and
government civilian space-coded billets that--
[[Page 122 STAT. 281]]
``(i) are authorized or permitted to be
maintained for each military department and
defense agency;
``(ii) are needed or required for each
military department and defense agency for the
year in which the submission of the report is
required; and
``(iii) are needed or required for each
military department and defense agency for each of
the five years following the date of the
submission of the report;
``(B) the actual number of active duty, reserve
duty, and government civilian personnel that are coded
or classified as space cadre personnel within the
Department of Defense, including the military
departments and defense agencies;
``(C) the number of personnel recruited or hired as
accessions to serve in billets coded or classified as
space cadre personnel for each military department and
defense agency;
``(D) the number of personnel serving in billets
coded or classified as space cadre personnel that
discontinued serving each military department and
defense agency during the preceding calendar year;
``(E) for each of the reporting requirements in
subparagraphs (A) through (D), further classification of
the number of personnel by--
``(i) space operators, acquisition personnel,
engineers, scientists, program managers, and other
space-related areas identified by the Department;
``(ii) expertise or technical specialization
area--
``(I) such as communications,
missile warning, spacelift, and any
other space-related specialties
identified by the Department or
classifications used by the Department;
and
``(II) consistent with section 1721
of this title for acquisition personnel;
``(iii) rank for active duty and reserve duty
personnel and grade for government civilian
personnel;
``(iv) qualification, expertise, or
proficiency level consistent with service and
agency-defined qualification, expertise, or
proficiency levels; and
``(v) any other such space-related
classification categories used by the Department
or military departments; and
``(F) any other metrics identified by the Department
to improve the identification, tracking, training, and
management of space cadre personnel.
``(3) Assessments.--The report required by paragraph (1)
shall also include the Secretary's assessment of the state of
the Department's space cadre, the Secretary's assessment of the
space cadres of the military departments, and a description of
efforts to ensure the Department has a space cadre sufficient to
meet current and future national security space needs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``490. Space cadre management: biennial report.''.
[[Page 122 STAT. 282]]
SEC. 913. 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--Chemical Demilitarization Program
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS.
(a) Functions.--Section 172 of the National Defense Authorization
Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended--
(1) in each of subsections (b) and (f), by striking
``Assistant Secretary of the Army (Research, Development and
Acquisition)'' and inserting ``Assistant Secretary of the Army
(Acquisition, Logistics, and Technology)''; and
(2) in subsection (g), by striking ``Assistant Secretary of
the Army (Research, Development, and Acquisition)'' and
inserting ``Assistant Secretary of the Army (Acquisition,
Logistics, and Technology)''.
(b) Termination.--Such section is further amended in subsection (h)
by striking ``after the stockpile located in that commission's State has
been destroyed'' and inserting ``after the closure activities 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.) have been completed for the chemical agent
destruction facility in the commission's State, or upon the request of
the Governor of the commission's State, whichever occurs first''.
SEC. 922. <<NOTE: 50 USC 1521 note.>> 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''.
[[Page 122 STAT. 283]]
(4) The United States chemical demilitarization program has
met its one percent, 20 percent, and extended 45 percent
destruction deadlines under the Chemical Weapons Convention.
(5) 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.
(6) 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.
(7) Section 921(b)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2359) contained a sense of Congress urging the Secretary
of Defense to ensure the elimination of the United States
chemical weapons stockpile in the shortest time possible,
consistent with the requirement to protect public health,
safety, and the environment.
(8) Section 921(b)(4) of that Act contained a sense of
Congress urging the Secretary of Defense to propose a credible
treatment and disposal process with the support of affected
communities. In this regard, any such process should provide for
sufficient communication and consultation between
representatives of the Department of Defense and representatives
of affected States and communities.
(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.
[[Page 122 STAT. 284]]
(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,
and by December 31, 2017.
(C) A description of the funding required to achieve
each of the options for destruction described under
subparagraph (B), and a detailed life-cycle cost
estimate for each of the affected facilities included in
each such funding profile.
(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.
SEC. 923. 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. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AFTER COMPLETION OF THE DESTRUCTION OF THE
UNITED STATES CHEMICAL WEAPONS STOCKPILE.
Subparagraph (B) of section 1412(c)(5) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is amended to read as
follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an installation or
facility as described in subparagraph (A) until the earlier of the
following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local governments
concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.''.
[[Page 122 STAT. 285]]
Subtitle D--Intelligence-Related Matters
SEC. 931. 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.--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'':
(1) Section 192(c)(2).
(2) Section 193(d)(2).
(3) Section 193(e).
(4) Section 201(a).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 426(a)(3).
(8) Section 426(b)(2).
(9) Section 441(c).
(10) Section 441(d).
(11) Section 443(d).
(12) Section 2273(b)(1).
(13) Section 2723(a).
(b) References to Head of Central Intelligence Agency.--Such title
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).
(c) Other Amendments.--
(1) Subsection headings.--
(A) Section 441(c).--The heading of subsection (c)
of section 441 of such title is amended by striking
``Director of Central Intelligence'' and inserting
``Director of National Intelligence''.
(B) Section 443(d).--The heading of subsection (d)
of section 443 of such title is amended by striking
``Director of Central Intelligence'' and inserting
``Director of National Intelligence''.
(2) Section 201.--Section 201 of such title is further
amended--
(A) in subsection (b)(1), to read as follows:
``(1) In the event of a vacancy in a position referred to in
paragraph (2), before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy, the Secretary of Defense shall
obtain the concurrence of the Director of National Intelligence
as provided in section 106(b) of the National Security Act of
1947 (50 U.S.C. 403-6(b)).''; and
(B) in subsection (c)(1), by striking ``National
Foreign Intelligence Program'' and inserting ``National
Intelligence Program''.
[[Page 122 STAT. 286]]
Subtitle E--Roles and Missions Analysis
SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS REVIEW.
(a) Requirement for Review.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 118a the following new
section:
``Sec. 118b. Quadrennial roles and missions review
``(a) Review Required.--The Secretary of Defense shall every four
years conduct a comprehensive assessment (to be known as the
`quadrennial roles and missions review') of the roles and missions of
the armed forces and the core competencies and capabilities of the
Department of Defense to perform and support such roles and missions.
``(b) Independent Military Assessment of Roles and Missions.--(1) In
each year in which the Secretary of Defense is required to conduct a
comprehensive assessment pursuant to subsection (a), the Chairman of the
Joint Chiefs of Staff shall prepare and submit to the Secretary the
Chairman's assessment of the roles and missions of the armed forces and
the assignment of functions to the armed forces, together with any
recommendations for changes in assignment that the Chairman considers
necessary to achieve maximum efficiency and effectiveness of the armed
forces.
``(2) The Chairman's assessment shall be conducted so as to--
``(A) organize the significant missions of the armed forces
into core mission areas that cover broad areas of military
activity;
``(B) ensure that core mission areas are defined and
functions are assigned so as to avoid unnecessary duplication of
effort among the armed forces; and
``(C) provide the Chairman's recommendations with regard to
issues to be addressed by the Secretary of Defense under
subsection (c).
``(c) Identification of Core Mission Areas and Core Competencies and
Capabilities.--Upon receipt of the Chairman's assessment, and after
giving appropriate consideration to the Chairman's recommendations, the
Secretary of Defense shall identify--
``(1) the core mission areas of the armed forces;
``(2) the core competencies and capabilities that are
associated with the performance or support of a core mission
area identified pursuant to paragraph (1);
``(3) the elements of the Department of Defense (including
any other office, agency, activity, or command described in
section 111(b) of this title) that are responsible for providing
the core competencies and capabilities required to effectively
perform the core missions identified pursuant to paragraph (1);
``(4) any gaps in the ability of the elements (or other
office, agency activity, or command) of the Department of
Defense to provide core competencies and capabilities required
to effectively perform the core missions identified pursuant to
paragraph (1);
``(5) any unnecessary duplication of core competencies and
capabilities between defense components; and
[[Page 122 STAT. 287]]
``(6) a plan for addressing any gaps or unnecessary
duplication identified pursuant to paragraph (4) or paragraph
(5).
``(d) Report.--The Secretary shall submit a report on the
quadrennial roles and missions review to the Committees on Armed
Services of the Senate and the House of Representatives. The report
shall be submitted in the year following the year in which the review is
conducted, but not later than the date on which the President submits
the budget for the next fiscal year to Congress under section 1105(a) of
title 31.''.
(b) Repeal of Superseded Provision.--Section 118(e) of title 10,
United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) <<NOTE: 10 USC 118b note.>> Timing of Quadrennial Roles and
Missions Review.--
(1) First review.--The first quadrennial roles and missions
review under section 118b of title 10, United States Code, as
added by subsection (a), shall be conducted during 2008.
(2) Subsequent reviews.--Subsequent reviews shall be
conducted every four years, beginning in 2011.
SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES
RELATING TO CORE MISSION AREAS.
(a) Revisions in Mission.--Subsection (b) of section 181 of title
10, United States Code, is amended to read as follows:
``(b) Mission.--In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff--
``(A) in identifying, assessing, and approving joint
military requirements (including existing systems and
equipment) to meet the national military strategy; and
``(B) in identifying the core mission area
associated with each such requirement;
``(2) assist the Chairman in establishing and assigning
priority levels for joint military requirements;
``(3) assist the Chairman in reviewing the estimated level
of resources required in the fulfillment of each joint military
requirement and in ensuring that such resource level is
consistent with the level of priority assigned to such
requirement; and
``(4) assist acquisition officials in identifying
alternatives to any acquisition program that meet joint military
requirements for the purposes of section 2366a(a)(4), section
2366b(b), and section 2433(e)(2) of this title.''.
(b) Advisors.--Section 181 of such title is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Advisors.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics, the Under Secretary of Defense (Comptroller),
and the Director of the Office of Program Analysis and Evaluation shall
serve as advisors to the Council on matters within their authority and
expertise.''.
(c) Organization.--Section 181 of such title is further amended by
inserting after subsection (d) (as inserted by subsection (b)) the
following new subsection (e):
[[Page 122 STAT. 288]]
``(e) Organization.--The Joint Requirements Oversight Council shall
conduct periodic reviews of joint military requirements within a core
mission area of the Department of Defense. In any such review of a core
mission area, the officer or official assigned to lead the review shall
have a deputy from a different military department.''.
(d) Definitions.--Section 181 of such title is further amended by
adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `joint military requirement' means a
capability necessary to fulfill a gap in a core mission area of
the Department of Defense.
``(2) The term `core mission area' means a core mission area
of the Department of Defense identified under the most recent
quadrennial roles and missions review pursuant to section 118b
of this title.''.
(e) 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).
(f) <<NOTE: Effective date. 10 USC 181 note.>> Deadlines.--
Effective June 1, 2009, all joint military requirements documents of the
Joint Requirements Oversight Council produced to carry out its mission
under section 181(b)(1) of title 10, United States Code, shall reference
the core mission areas organized and defined under section 118b of such
title. Not later than October 1, 2009, all such documents produced
before June 1, 2009, shall reference such structure.
SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO
TECHNOLOGY DEVELOPMENT.
(a) Requirement for Certification.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2366a the following
new section:
``Sec. 2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A
approval
``(a) Certification.--A major defense acquisition program may not
receive Milestone A approval, or Key Decision Point A approval in the
case of a space program, until the Milestone Decision Authority
certifies, after consultation with the Joint Requirements Oversight
Council on matters related to program requirements and military needs--
``(1) that the system fulfills an approved initial
capabilities document;
``(2) that the system is being executed by an entity with a
relevant core competency as identified by the Secretary of
Defense under section 118b of this title;
``(3) if the system duplicates a capability already provided
by an existing system, the duplication provided by such system
is necessary and appropriate; and
``(4) that a cost estimate for the system has been submitted
and that the level of resources required to develop and procure
the system is consistent with the priority level assigned by the
Joint Requirements Oversight Council.
[[Page 122 STAT. 289]]
``(b) Notification.--With respect to a major system certified by the
Milestone Decision Authority under subsection (a), if the projected cost
of the system, at any time prior to Milestone B approval, exceeds the
cost estimate for the system submitted at the time of the certification
by at least 25 percent, the program manager for the system concerned
shall notify the Milestone Decision Authority. The Milestone Decision
Authority, in consultation with the Joint Requirements Oversight Council
on matters related to program requirements and military needs, shall
determine whether the level of resources required to develop and procure
the system remains consistent with the priority level assigned by the
Joint Requirements Oversight Council. The Milestone Decision Authority
may withdraw the certification concerned or rescind Milestone A approval
(or Key Decision Point A approval in the case of a space program) if the
Milestone Decision Authority determines that such action is in the
interest of national defense.
`` (c)Definitions.--In this section:
``(1) The term `major system' has the meaning provided in
section 2302(5) of this title.
``(2) The term `initial capabilities document' means any
capabilities requirement document approved by the Joint
Requirements Oversight Council that establishes the need for a
materiel approach to resolve a capability gap.
``(3) The term `technology development program' means a
coordinated effort to assess technologies and refine user
performance parameters to fulfill a capability gap identified in
an initial capabilities document.
``(4) The term `entity' means an entity listed in section
125a(a) of this title.
``(5) The term `Milestone B approval' has the meaning
provided that term in section 2366(e)(7) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.''.
(b) <<NOTE: 10 USC 2366b note. Deadline.>> Review of Department of
Defense Acquisition Directives.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall review
Department of Defense Directive 5000.1 and associated guidance, and the
manner in which such directive and guidance have been implemented, and
take appropriate steps to ensure that the Department does not commence a
technology development program for a major weapon system without
Milestone A approval (or Key Decision Point A approval in the case of a
space program).
(c) <<NOTE: Applicability. 10 USC 2366b note.>> Effective Date.--
Section 2366b of title 10, United States Code, as added by subsection
(a), shall apply to major systems on and after March 1, 2008.
SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION
AREA.
(a) Time of Submission of Future-Years Mission Budget.--The second
sentence of section 222(a) of title 10, United States Code, is amended
to read as follows: ``That budget shall be submitted for any fiscal year
with the future-years defense program submitted under section 221 of
this title.''.
[[Page 122 STAT. 290]]
(b) Organization of Future-Years Mission Budget.--The second
sentence of section 222(b) of such title is amended by striking ``on the
basis'' and all that follows through the end of the sentence and
inserting the following: ``on the basis of both major force programs and
the core mission areas identified under the most recent quadrennial
roles and missions review pursuant to section 118b of this title.''.
(c) <<NOTE: Applicability. 10 USC 222 note.>> Effective Date.--The
amendments made by this section shall apply with respect to the future-
years mission budget for fiscal year 2010 and each fiscal year
thereafter.
Subtitle F--Other Matters
SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE
CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND MISSIONS.
(a) Consideration of Climate Change Effect.--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 the National Defense Authorization Act for Fiscal Year 2008
shall include guidance for military planners--
``(A) to assess the risks of projected climate change to
current and future missions of the armed forces;
``(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 the National Defense Authorization Act for Fiscal
Year 2008 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) 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).''.
[[Page 122 STAT. 291]]
(b) <<NOTE: 10 USC 118 note.>> Implementation.--The Secretary of
Defense shall ensure that subsection (g) of section 118 of title 10,
United States Code, as added by subsection (a), is implemented in a
manner that does not have a negative impact on the national security of
the United States.
SEC. 952. <<NOTE: 10 USC 111 note.>> INTERAGENCY POLICY COORDINATION.
(a) Plan Required.--Not <<NOTE: Deadline.>> later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall develop and submit to Congress a plan to improve and reform the
Department of Defense's participation in and contribution to the
interagency coordination process on national security issues.
(b) Elements.--The elements of the plan shall include the following:
(1) Assigning either the Under Secretary of Defense for
Policy or another official to be the lead policy official for
improving and reforming the interagency coordination process on
national security issues for the Department of Defense, with an
explanation of any decision to name an official other than the
Under Secretary and the relative advantages and disadvantages of
such decision.
(2) Giving the official assigned under paragraph (1) the
following responsibilities:
(A) To be the lead person at the Department of
Defense for the development of policy affecting the
national security interagency process.
(B) To serve, or designate a person to serve, as the
representative of the Department of Defense in Federal
Government forums established to address interagency
policy, planning, or reforms.
(C) To advocate, on behalf of the Secretary, for
greater interagency coordination and contributions in
the execution of the National Security Strategy and
particularly specific operational objectives undertaken
pursuant to that strategy.
(D) To make recommendations to the Secretary of
Defense on changes to existing Department of Defense
regulations or laws to improve the interagency process.
(E) To serve as the coordinator for all planning and
training assistance that is--
(i) designed to improve the interagency
process or the capabilities of other agencies to
work with the Department of Defense; and
(ii) provided by the Department of Defense at
the request of other agencies.
(F) To serve as the lead official in Department of
Defense for the development of deployable joint
interagency task forces.
(c) Factors To Be Considered.--In drafting the plan, the Secretary
of Defense shall also consider the following factors:
(1) How the official assigned under subsection (b)(1) shall
provide input to the Secretary of Defense on an ongoing basis on
how to incorporate the need to coordinate with other agencies
into the establishment and reform of combatant commands.
(2) How such official shall develop and make recommendations
to the Secretary of Defense on a regular or an ongoing
[[Page 122 STAT. 292]]
basis on changes to military and civilian personnel to improve
interagency coordination.
(3) How such official shall work with the combatant command
that has the mission for joint warfighting experimentation and
other interested agencies to develop exercises to test and
validate interagency planning and capabilities.
(4) How such official shall lead, coordinate, or participate
in after-action reviews of operations, tests, and exercises to
capture lessons learned regarding the functioning of the
interagency process and how those lessons learned will be
disseminated.
(5) The role of such official in ensuring that future
defense planning guidance takes into account the capabilities
and needs of other agencies.
(d) Recommendation on Changes in Law.--The Secretary of Defense may
submit with the plan or with any future budget submissions
recommendations for any changes to law that are required to enhance the
ability of the official assigned under subsection (b)(1) in the
Department of Defense to coordinate defense interagency efforts or to
improve the ability of the Department of Defense to work with other
agencies.
(e) Annual Report.--If an official is named by the Secretary of
Defense under subsection (b)(1), the official shall annually submit to
Congress a report, beginning in the fiscal year following the naming of
the official, on those actions taken by the Department of Defense to
enhance national security interagency coordination, the views of the
Department of Defense on efforts and challenges in improving the ability
of agencies to work together, and suggestions on changes needed to laws
or regulations that would enhance the coordination of efforts of
agencies.
(f) Definition.--In this section, the term ``interagency
coordination'', within the context of Department of Defense involvement,
means the coordination that occurs between elements of the Department of
Defense and engaged Federal Government agencies for the purpose of
achieving an objective.
(g) Construction.--Nothing in this provision shall be construed as
preventing the Secretary of Defense from naming an official with the
responsibilities listed in subsection (b) before the submission of the
report required under this section.
SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE AGREEMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
Paragraph (2) of subsection (b) of section 802 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1902), as most
recently amended by section 945 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2367), is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``or'' at the end; and
(B) by adding at the end the following:
``(iii) for not less than one academic year in
a position in the field of education in a
discipline related to the study supported by the
program if the recipient demonstrates to the
Secretary of Defense that no position is available
in the departments, agencies, and offices covered
by clauses (i) and (ii); or''; and
[[Page 122 STAT. 293]]
(2) in subparagraph (B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iii) for not less than one academic year in
a position in the field of education in a
discipline related to the study supported by the
program if the recipient demonstrates to the
Secretary of Defense that no position is available
in the departments, agencies, and offices covered
by clauses (i) and (ii); and''.
SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Reorganization and Amendment of Board of Regents Provisions.--
(1) In general.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2113 the following
new section:
``Sec. 2113a. Board of Regents
``(a) In General.--To assist the Secretary of Defense in an advisory
capacity, there is a Board of Regents of the University.
``(b) Membership.--The Board shall consist of--
``(1) nine persons outstanding in the fields of health and
health education who shall be appointed from civilian life by
the Secretary of Defense;
``(2) the Secretary of Defense, or his designee, who shall
be an ex officio member;
``(3) the surgeons general of the uniformed services, who
shall be ex officio members; and
``(4) the President of the University, who shall be a
nonvoting ex officio member.
``(c) Term of Office.--The term of office of each member of the
Board (other than ex officio members) shall be six years except that--
``(1) any member appointed to fill a vacancy occurring
before the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term; and
``(2) any member whose term of office has expired shall
continue to serve until his successor is appointed.
``(d) Chairman.--One of the members of the Board (other than an ex
officio member) shall be designated by the Secretary as Chairman. He
shall be the presiding officer of the Board.
``(e) Compensation.--Members of the Board (other than ex officio
members) while attending conferences or meetings or while otherwise
performing their duties as members shall be entitled to receive
compensation at a rate to be fixed by the Secretary and shall also be
entitled to receive an allowance for necessary travel expenses while so
serving away from their place of residence.
``(f) Meetings.--The Board shall meet at least once a quarter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2113a. Board of Regents.''.
[[Page 122 STAT. 294]]
(3) Conforming amendments.--
(A) Section 2113 of title 10, United States Code, is
amended--
(i) in subsection (a), by striking ``To
assist'' and all that follows through the end of
paragraph (4);
(ii) by striking subsections (b), (c), and
(e);
(iii) by redesignating subsections (d), (f),
(g), (h), (i), and (j) as subsections (b), (c),
(d), (e), (f), and (g), respectively; and
(iv) in subsection (b), as so redesignated, by
striking ``who shall also serve as a nonvoting ex
officio member of the Board''.
(B) Section 2114(h) of such title is amended by
striking ``2113(h)'' and inserting ``2113(e)''.
(b) Statutory Redesignation of Dean as President.--
(1) Subsection 2113 of such title is further amended by
striking ``Dean'' each place it appears in subsections (b) and
(c)(1), as redesignated by subsection (a)(3), and inserting
``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).
SEC. 955. <<NOTE: 10 USC 2117 note.>> ESTABLISHMENT OF DEPARTMENT OF
DEFENSE SCHOOL OF NURSING.
(a) Establishment Plan Required.--Not <<NOTE: Deadline.>> later
than February 1, 2008, the Secretary of Defense shall submit to the
congressional defense committees a plan to establish a School of Nursing
within the Uniformed Services University of the Health Sciences. The
Secretary shall develop the plan in consultation with the Board of
Regents of the Uniformed Services University of the Health Sciences and
submit the plan to the Board of Regents for review and to solicit the
Board's recommendations.
(b) Programs of Instruction.--In consultation with the Secretaries
of the military departments, the Secretary of Defense shall include in
the plan required by subsection (a) programs of instruction for the
School of Nursing that would lead to the award of a bachelor of science
in nursing and such other baccalaureate or graduate degrees in nursing
as the Secretary considers appropriate. The plan shall also address the
enrollment as students of enlisted members and officers of the Armed
Forces and civilians for the purpose of commissioning them as military
nursing officers upon graduation. The graduates of such a program of
instruction shall be fully eligible to meet credentialing and licensing
requirements of the military departments and at least one State in their
program of study.
(c) Consideration of Certain Programs.--In developing the plan under
subsection (a), the Secretary shall consider the inclusion of the
following types of programs:
(1) A program to enroll students who already possess an
associate degree in nursing so that they can earn a bachelor of
science in nursing.
(2) A program to enroll students who already possess other
associate degrees so that they can earn a bachelor of science in
nursing.
(3) A program to enroll students who already possess an
associate degree in nursing so that they can earn a master of
science in nursing.
[[Page 122 STAT. 295]]
(4) A program to enroll students who already possess a
bachelor of science in nursing so that they can earn a master of
science in nursing.
(d) Other Considerations.--The plan required by subsection (a) shall
also include the following:
(1) The results of a study of the nursing shortage in the
Department of Defense and the reasons for such shortages.
(2) Details of the curriculum and degree requirements for
each category of students at the School of Nursing, if
established.
(3) An analysis of the contributions to overall medical
readiness that will be made by the School of Nursing.
(4) Proposals for the development of the School of Nursing
to be phased in over a period of time.
(5) Faculty requirements based on degree requirements and
numbers of projected students, to include the source and number
of faculty required.
(6) Projected number of graduates per year for each of the
first 15 years of operation.
(7) Predicted accession sources, military career paths, and
service commitments and retention rates of School of Nursing
graduates, to include the retention of enlisted personnel
accessed into the school.
(8) Administrative and instructional facilities required,
and the likely initial and final location of clinical training
institutions.
(9) Plan for accreditation by a nationally recognized
nursing school accrediting body.
(10) Projected faculty, administration, instruction, and
facilities costs for the School of Nursing beginning in fiscal
year 2009 and continuing through fiscal year 2024, including the
cost analysis of developing the School of Nursing and the cost
of additional administrative support for the Uniformed Services
University of the Health Sciences on account of the
establishment of the school.
(e) Effect on Current Programs.--Notwithstanding the development of
the plan under subsection (a), the Secretary shall ensure that graduate
degree programs in nursing, including advanced practice nursing,
continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this section
shall be construed as limiting or terminating any current or future
program related to the recruitment, accession, training, or retention of
military nurses.
(g) Establishment Authority.--
(1) Establishment.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2117. School of Nursing
``(a) Establishment Authorized.--The Secretary of Defense may
establish a School of Nursing within the University. The School of
Nursing may include a program that awards a bachelor of science in
nursing.
``(b) Phased Development.--The School of Nursing may be developed in
phases as determined appropriate by the Secretary.''.
[[Page 122 STAT. 296]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2117. School of Nursing.''.
SEC. 956. 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. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF THE OFFICE
OF THE UNDER SECRETARY OF DEFENSE FOR POLICY.
(a) Assessment Required.--Not <<NOTE: Deadline. Reports.>> later
than June 1, 2008, the Comptroller General of the United States shall
submit to the congressional defense committees a report containing an
assessment of the most recent 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 (a) are as follows:
(1) The manner in which the reorganization of the office
furthers, or will further, its stated purposes in the short-term
and long-term, including the manner in which the reorganization
enhances, or will enhance, the ability of the Department of
Defense--
(A) to address current security priorities,
including on-going military operations in Iraq,
Afghanistan, and elsewhere;
(B) to manage geopolitical defense relationships;
and
(C) to anticipate future strategic shifts in those
relationships.
(2) The manner in which and the extent to which the
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 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 reorganization was announced.
(5) The manner in which the Department plans to evaluate
progress in achieving the stated goals of the reorganization and
what measurements, if any, the Department has established to
assess the results of the reorganization.
(6) The impact of the large increase in responsibilities for
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict and Interdependent Capabilities
[[Page 122 STAT. 297]]
under the reorganization on the ability of the Assistant
Secretary to carry out the principal duties of the Assistant
Secretary under law.
(7) The possible decrease in attention given to special
operations issues resulting from the increase in
responsibilities for the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict and Interdependent
Capabilities, including responsibility under the reorganization
for each of the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The possible diffusion of attention from
counternarcotics, counterproliferation, and global threat issues
resulting from the merging of those responsibilities under a
single Deputy Assistant Secretary of Defense for
Counternarcotics, Counterproliferation, and Global Threats.
(9) The impact of the reorganization on counternarcotics
program execution.
(10) The unique placement under the reorganization of both
functional and regional issue responsibilities under the
Assistant Secretary of Defense for Homeland Defense and
Americas' Security Affairs.
(11) The differentiation between the responsibilities of the
Deputy Assistant Secretary of Defense for Partnership Strategy
and the Deputy Assistant Secretary of Defense for Coalition
Affairs and the relationship between such officials.
SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, and annually thereafter until the date referred
to in subsection (d), the Secretary of Defense, in conjunction with the
Secretary of each military department, shall submit to the congressional
defense committees a report on the foreign language proficiency of the
personnel of the Department of Defense.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the number of positions, identified by each foreign
language and dialect, for each military department and Defense
Agency concerned that--
(A) require proficiency in that foreign language or
dialect for the year in which the submission of the
report is required;
(B) are anticipated to require proficiency in that
foreign language or dialect for each of the five years
following the date of the submission of the report; and
(C) are authorized in the future-years defense plan
to be maintained for proficiency in a foreign language
or dialect;
(2) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that are serving in a position that requires proficiency in the
foreign language or dialect--
(A) to perform the primary duty of the position; and
(B) that meet the required level of proficiency of
the Interagency Language Roundtable;
[[Page 122 STAT. 298]]
(3) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that are recruited or hired as accessions to serve in a position
that requires proficiency in the foreign language or dialect;
(4) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that served in a position that requires proficiency in the
foreign language or dialect and discontinued service during the
preceding calendar year;
(5) the number of positions that require proficiency in a
foreign language or dialect that are fulfilled by contractors;
(6) the percentage of work requiring linguistic skills that
is fulfilled by personnel of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))); and
(7) an assessment of the foreign language capacity and
capabilities of each military department and Defense Agency and
of the Department of Defense as a whole.
(c) Non-Military Personnel.--Except as provided in paragraphs (6)
and (7) of subsection (b), a report submitted under subsection (a) shall
cover only members of the Armed Forces on active duty and reserve duty
assigned to the military departments concerned or to the Department of
Defense.
(d) Termination of Requirement.--The duty to submit a report under
subsection (a) shall terminate on December 31, 2013.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
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.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
[[Page 122 STAT. 299]]
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
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
[[Page 122 STAT. 300]]
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. 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).
[[Page 122 STAT. 301]]
(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.
SEC. 1003. 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. 1004. 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. 1005. <<NOTE: 10 USC 2222 note.>> 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:
[[Page 122 STAT. 302]]
(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) Consultation.--In carrying out subsections (d) and (e), the
Director of the Business Transformation Agency shall consult with the
Comptroller of the Department of Defense to ensure that any financial
management systems developed for the Defense Agencies, and any changes
to the budget, finance, and accounting operations of the Defense
Agencies, are consistent with the financial standards and requirements
of the Department of Defense.
(g) Program Control.--In carrying out the Initiative, the Director
of the Business Transformation Agency shall establish--
(1) <<NOTE: Establishment.>> 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
[[Page 122 STAT. 303]]
the system integration contract for the Initiative, as directed
by the Configuration Control Board.
(h) <<NOTE: Deadlines.>> 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 five 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.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. LIMITATION ON LEASING OF VESSELS.
Section 2401 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) The Secretary of a military department may make a contract for
the lease of a vessel or for the provision of a service through use by a
contractor of a vessel, the term of which is for a period of greater
than two years, but less than five years, only if--
``(1) <<NOTE: Notification.>> the Secretary has notified the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives of
the proposed contract and included in such notification--
``(A) a detailed description of the terms of the
proposed contract and a justification for entering into
the proposed contract rather than obtaining the
capability provided for by the lease, charter, or
services involved through purchase of the vessel;
``(B) a determination that entering into the
proposed contract as a means of obtaining the vessel is
the most cost-effective means of obtaining such vessel;
and
``(C) a plan for meeting the requirement provided by
the proposed contract upon completion of the term of the
lease contract; and
``(2) a period of 30 days of continuous session of Congress
has expired following the date on which notice was received by
such committees.''.
SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.
(a) Integrated Nuclear Power Systems.--It is the policy of the
United States to construct the major combatant vessels
[[Page 122 STAT. 304]]
of the strike forces of the United States Navy, including all new
classes of such vessels, with integrated nuclear power systems.
(b) <<NOTE: Notification.>> Requirement To Request Nuclear
Vessels.--If a request is submitted to Congress in the budget for a
fiscal year for construction of a new class of major combatant vessel
for the strike forces of the United States, the request shall be for
such a vessel with an integrated nuclear power system, unless the
Secretary of Defense submits with the request a notification to Congress
that the inclusion of an integrated nuclear power system in such vessel
is not in the national interest.
(c) Definitions.--In this section:
(1) Major combatant vessels of the strike forces of the
united states navy.--The term ``major combatant vessels of the
strike forces of the United States Navy'' means the following:
(A) Submarines.
(B) Aircraft carriers.
(C) Cruisers, battleships, or other large surface
combatants whose primary mission includes protection of
carrier strike groups, expeditionary strike groups, and
vessels comprising a sea base.
(2) Integrated nuclear power system.--The term ``integrated
nuclear power system'' means a ship engineering system that uses
a naval nuclear reactor as its energy source and generates
sufficient electric energy to provide power to the ship's
electrical loads, including its combat systems and propulsion
motors.
(3) Budget.--The term ``budget'' means the budget that is
submitted to Congress by the President under section 1105(a) of
title 31, United States Code.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 371 note) is amended by
striking ``and 2007'' and inserting ``through 2008''.
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN COUNTRIES.
Subsection (b) of section 1033 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 Mexico.
``(18) The Government of the Dominican Republic.''.
[[Page 122 STAT. 305]]
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF
HAITI.
(a) <<NOTE: President.>> Report Required.--Not later than 120 days
after the date of the enactment of this Act, the President shall submit
to Congress a report on counternarcotics assistance for the Government
of Haiti.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description and assessment of the counternarcotics
assistance provided to the Government of Haiti by the Department
of Defense, the Department of State, the Department of Homeland
Security, and the Department of Justice.
(2) A description and assessment of any impediments to
increasing counternarcotics assistance to the Government of
Haiti.
(3) An assessment of the potential for the provision of
counternarcotics assistance for the Government of Haiti through
the United Nations Stabilization Mission in Haiti.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. 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 concerned.
``(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--
``(A) if such services are provided by Air Force personnel
and equipment without direct cost to the Air Force; or
[[Page 122 STAT. 306]]
``(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, as defined
in that agreement, 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. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC AIRLIFT
CAPABILITY PARTNERSHIP.
(a) Authority To Participate in Partnership.--
(1) Memorandum of understanding.--The Secretary of Defense
may 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.
(2) Payments.--From funds available to the Department of
Defense for such purpose, the Secretary of Defense may pay 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 following functions performed by Department of Defense
personnel with respect to the Strategic Airlift Capability
Partnership:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
[[Page 122 STAT. 307]]
(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) Transfer authority.--The Secretary of Defense may
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. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN
COMBATING TERRORISM.
(a) Increased Amounts.--Section 127b of title 10, United States
Code, is amended--
(1) in subsection (b), by striking ``$200,000'' and
inserting ``$5,000,000'';
(2) in subsection (c)(1)(B), by striking ``$50,000'' and
inserting ``$1,000,000''; and
(3) in subsection (d)(2), by striking ``$100,000'' and
inserting ``$2,000,000''.
(b) Involvement of Allied Forces.--Such section is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting after ``United States Government personnel''
the following: ``, or government personnel of allied
forces participating in a combined operation with the
armed forces,'';
(B) in paragraph (1), by inserting after ``armed
forces'' the following: ``, or of allied forces
participating in a combined operation with the armed
forces,''; and
[[Page 122 STAT. 308]]
(C) in paragraph (2), by inserting after ``armed
forces'' the following: ``, or of allied forces
participating in a combined operation with the armed
forces''; and
(2) in subsection (c), by adding at the end the following:
``(3)(A) Subject to subparagraphs (B) and (C), an official who has
authority delegated under paragraph (1) or (2) may use that authority,
acting through government personnel of allied forces, to offer and make
rewards.
``(B) <<NOTE: Procedures. Effective date.>> The Secretary of Defense
shall prescribe policies and procedures for making rewards in the manner
described in subparagraph (A), which shall include guidance for the
accountability of funds used for making rewards in that manner. The
policies and procedures shall not take effect until 30 days after the
date on which the Secretary submits the policies and procedures to the
congressional defense committees. Rewards may not be made in the manner
described in subparagraph (A) except under policies and procedures that
have taken effect.
``(C) Rewards may not be made in the manner described in
subparagraph (A) after September 30, 2009.
``(D) <<NOTE: Deadline. Reports.>> Not later than April 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of this paragraph. The report
shall identify each reward made in the manner described in subparagraph
(A) and, for each such reward--
``(i) identify the type, amount, and recipient of the
reward;
``(ii) explain the reason for making the reward; and
``(iii) assess the success of the reward in advancing the
effort to combat terrorism.''.
(c) Annual Report to Include Specific Information on Additional
Authority.--Section 127b of title 10, United States Code, is further
amended in subsection (f)(2) by adding at the end the following new
subparagraph:
``(D) Information on the implementation of paragraph (3) of
subsection (c).''.
SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL
FOR CHEMICAL AGENT DEFENSE.
(a) Authority to Provide Toxic Chemicals or Precursors.--
(1) In general.--The Secretary of Defense, in coordination
with the heads of other elements of the Federal Government, may
make available, to a State, a unit of local government, or a
private entity incorporated in the United States, small
quantities of a toxic chemical or precursor for the development
or testing, in the United States, of material that is designed
to be used for protective purposes.
(2) Terms and conditions.--Any use of the authority under
paragraph (1) shall be subject to such terms and conditions as
the Secretary considers appropriate.
(b) Payment of Costs and Disposition of Funds.--
(1) In general.--The Secretary shall ensure, through the
advance payment required by paragraph (2) and through any other
payments that may be required, that a recipient of toxic
chemicals or precursors under subsection (a) pays for all actual
costs, including direct and indirect costs, associated with
providing the toxic chemicals or precursors.
(2) Advance payment.--In carrying out paragraph (1), the
Secretary shall require each recipient to make an advance
[[Page 122 STAT. 309]]
payment in an amount that the Secretary determines will equal
all such actual costs.
(3) Credits.--A payment received under this subsection shall
be credited to the account that was used to cover the costs for
which the payment was provided. Amounts so credited shall be
merged with amounts in that account, and shall be available for
the same purposes, and subject to the same conditions and
limitations, as other amounts in that account.
(c) Chemical Weapons Convention.--The Secretary shall ensure that
toxic chemicals and precursors are made available under this section for
uses and in quantities that comply with the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, signed at Paris on January
13, 1993, and entered into force with respect to the United States on
April 29, 1997.
(d) Report.--
(1) Not later than March 15, 2008, and each year thereafter,
the Secretary shall submit to Congress a report on the use of
the authority under subsection (a) during the previous calendar
year. The report shall include a description of each use of the
authority and specify what material was made available and to
whom it was made available.
(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) Definitions.--In this section, the terms ``precursor'',
``protective purposes'', and ``toxic chemical'' have the meanings given
those terms in the convention referred to in subsection (c), in
paragraph 2, paragraph 9(b), and paragraph 1, respectively, of article
II of that convention.
SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND RELATED
PARTS.
(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 F-14 fighter aircraft, any parts unique to the
F-14 fighter aircraft, or any tooling or dies used in the
manufacture of such aircraft or parts, whether such sales occur
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 F-14 fighter aircraft or 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.
(b) Prohibition on Export License.--No license for the export of any
F-14 fighter aircraft, any parts unique to the F-14 fighter aircraft, or
any tooling or dies used in the manufacture of such aircraft or parts
may be issued by the United States Government to a non-United States
person or entity.
[[Page 122 STAT. 310]]
Subtitle E--Reports
SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED AND
DEEPLY BURIED TARGETS.
Section 1032 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2643; 10 U.S.C. 2358
note) is amended--
(1) in the heading, by striking ``annual report on weapons''
and inserting ``report on weapons and capabilities'';
(2) in subsection (a)--
(A) in the heading, by striking ``Annual'';
(B) by striking ``April 1 of each year'' and
inserting ``March 1, 2009, and every two years
thereafter,'';
(C) by striking ``Director of Central Intelligence''
and inserting ``Director of National Intelligence'';
(D) by striking ``the preceding fiscal year'' and
inserting ``the preceding two fiscal years and planned
for the current fiscal year and the next fiscal year'';
and
(E) by striking ``to develop weapons'' and inserting
``to develop weapons and capabilities'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``The report for a fiscal year'' and inserting
``A report submitted'';
(B) in paragraph (1), by striking ``were undertaken
during that fiscal year'' and inserting ``were or will
be undertaken during the four-fiscal-year period covered
by the report''; and
(C) in paragraph (2) in the matter preceding
subparagraph (A), by striking ``were undertaken during
such fiscal year'' and inserting ``were or will be
undertaken during the four-fiscal-year period covered by
the report''; and
(4) in subsection (d), by striking ``April 1, 2007'' and
inserting ``March 1, 2013''.
SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES.
(a) Report Required.--Not later than December 31, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report that describes current and planned joint modeling
and simulation activities within the Department of Defense.
(b) Matters to Be Included.--The report under subsection (a) shall
include the following:
(1) An identification and description of how joint modeling
and simulation activities support the development of
capabilities to meet joint and service-unique military
requirements and needs, in areas including but not limited to
joint training, experimentation, systems acquisition, test and
evaluation, assessment, and planning.
(2) A description of how joint modeling and simulation
activities are supportive of Department-level strategies and
goals.
(3) For each appropriate element of the Department of
Defense and each appropriate combatant command--
[[Page 122 STAT. 311]]
(A) An identification of modeling and simulation
capabilities; and
(B) A description of plans and programs to
continuously introduce new modeling and simulation
technologies so as to enhance defense capabilities.
(4) A description of incentives and plans to reduce or
divest duplicative or outdated capabilities as necessary.
(5) Plans or activities to allow non-defense users to access
defense joint modeling and simulation activities, as
appropriate.
(6) Budget and resource estimates, including government and
contractor personnel requirements, for planned joint modeling
and simulation activities.
(7) A description of the relationship and coordination
between and among joint modeling and simulation activities and
the modeling and simulation activities of elements of the
Department of Defense, Federal agencies, State and local
governments, academia, private industry, United States and
international standards organizations, and international
partners.
(8) Any other matters the Secretary considers appropriate.
(c) Consultation.--The report under (a) shall be developed in
consultation with appropriate military departments, Defense Agencies,
combatant commands, and other defense activities.
SEC. 1043. 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. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE NUCLEAR MISSIONS
OF THE NAVY AND THE DEPARTMENT OF ENERGY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall each submit to Congress a report on the requirements for a
workforce to support the nuclear missions of the Navy and the Department
of Energy during the 10-year period beginning on the date of the report.
(b) Elements.--Each report shall include--
(1) a description of the projected nuclear missions of the
Navy and the Department of Energy during the 10-year period
beginning on the date of the report;
(2) an assessment of existing knowledge retention programs
within the Department of Defense, the Department of Energy, the
national laboratories, and federally funded research facilities
that support the nuclear missions of the Navy and the Department
of Energy, and any planned changes in those programs; and
(3) a plan to address anticipated workforce attrition,
retirement, and recruiting trends during that period and ensure
an adequate workforce in support of the nuclear missions of the
Navy and the Department of Energy.
[[Page 122 STAT. 312]]
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND ACCOUNTING
SERVICE RESPONSE TO BUTTERBAUGH V. DEPARTMENT OF JUSTICE.
(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 congressional defense committees a report setting
forth an assessment by the Comptroller General of the response of the
Defense Finance and Accounting Service to the decision in Butterbaugh v.
Department of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the number of members of the reserve
components of the Armed Forces, both past and present, who are
entitled to compensation under the decision in Butterbaugh v.
Department of Justice.
(2) An assessment of the current policies, procedures, and
timeliness of the Defense Finance and Accounting Service in
implementing and resolving claims under the decision in
Butterbaugh v. Department of Justice.
(3) An assessment whether or not the decisions made by the
Defense Finance and Accounting Service in implementing the
decision in Butterbaugh v. Department of Justice follow a
consistent pattern of resolution.
(4) An assessment of whether or not the decisions made by
the Defense Finance and Accounting Service in implementing the
decision in Butterbaugh v. Department of Justice are resolving
claims by providing more compensation than an individual has
been able to prove, under the rule of construction that laws
providing benefits to veterans are liberally construed in favor
of the veteran.
(5) An estimate of the total amount of compensation payable
to members of the reserve components of the Armed Forces, both
past and present, as a result of the recent decision in
Hernandez v. Department of the Air Force (No. 2006-3375, slip
op.) that leave can be reimbursed for Reserve service before
1994, when Congress enacted chapter 43 of title 38, United
States Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of claims by
the Defense Finance and Accounting Service under the decision in
Butterbaugh v. Department of Justice with the handling of claims
by other Federal agencies (selected by the Comptroller General
for purposes of the comparative assessment) under that decision.
(7) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been adjudicated
by the Defense Finance and Accounting Service.
(8) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been denied by
the Defense Finance and Accounting Service.
(9) A comparative assessment of the average amount of time
required for the Defense Finance and Accounting Service to
resolve a claim under the decision in Butterbaugh v. Department
of Justice with the average amount of time required
[[Page 122 STAT. 313]]
by other Federal agencies (as so selected) to resolve a claim
under that decision.
(10) A comparative statement of the backlog of claims with
the Defense Finance and Accounting Service under the decision in
Butterbaugh v. Department of Justice with the backlog of claims
of other Federal agencies (as so selected) under that decision.
(11) An estimate of the amount of time required for the
Defense Finance and Accounting Service to resolve all
outstanding claims under the decision in Butterbaugh v.
Department of Justice.
(12) An assessment of the reasonableness of the requirement
of the Defense Finance and Accounting Service for the submittal
by members of the reserve components of the Armed Forces of
supporting documentation for claims under the decision in
Butterbaugh v. Department of Justice.
(13) A comparative assessment of the requirement of the
Defense Finance and Accounting Service for the submittal by
members of the reserve components of the Armed Forces of
supporting documentation for claims under the decision in
Butterbaugh v. Department of Justice with the requirement of
other Federal agencies (as so selected) for the submittal by
such members of supporting documentation for such claims.
(14) Such recommendations for legislative action as the
Comptroller General considers appropriate in light of the
decision in Butterbaugh v. Department of Justice and the
decision in Hernandez v. Department of the Air Force.
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.
(a) Study Required.--The Secretary of Defense shall conduct a
requirements-based study on alternatives for the proper size and mix of
fixed-wing intratheater and intertheater airlift assets to meet the
National Military Strategy for each of the following timeframes: fiscal
year 2012, 2018, and 2024. The study shall--
(1) focus on organic and commercially programmed airlift
capabilities;
(2) analyze the full-spectrum lifecycle costs of the various
alternatives for organic models of each of the following
aircraft: C-5A/B/C/M, C-17A, KC-X, KC-10, KC-135R, C-130E/H/J,
Joint Cargo Aircraft; and
(3) incorporate the augmentation capability, viability, and
feasibility of the Civil Reserve Air Fleet during activation
stages I, II, and III.
(b) Use of Ffrdc.--The Secretary shall select, to carry out the
study required by subsection (a), a federally funded research and
development center that has experience and expertise in conducting
similar studies.
(c) <<NOTE: Deadlines.>> Study Plan.--The study required by
subsection (a) shall be carried out under a study plan. The study plan
shall be developed as follows:
(1) The center selected under subsection (b) shall develop
the study plan and shall, not later than 60 days after the date
of enactment of this Act, submit the study plan to the
congressional defense committees, the Secretary, and the
Comptroller General of the United States.
(2) The Comptroller General shall review the study plan to
determine whether it is complete and objective, and whether
[[Page 122 STAT. 314]]
it has any flaws or weaknesses in scope or methodology, and
shall, not later than 30 days after receiving the study plan,
submit to the Secretary and the center a report that contains
the results of that review and provides any recommendations that
the Comptroller General considers appropriate for improvements
to the study plan.
(3) The center shall modify the study plan to incorporate
the recommendations under paragraph (2) and shall, not later
than 45 days after receiving that report, submit to the
Secretary and the congressional defense committees a report on
those modifications. The report shall describe each modification
and, if the modifications do not incorporate one or more of the
recommendations, shall explain the reasons for not doing so.
(d) Elements of Study Plan.--The study plan required by subsection
(c) shall address, at minimum, the following:
(1) A description of lift requirements and operating
profiles for airlift aircraft required to meet the National
Military Strategy, including assumptions regarding the
following:
(A) Current and future military combat and support
missions.
(B) The planned force structure growth of the
military services.
(C) Potential changes in lift requirements,
including the deployment of the Future Combat Systems by
the Army.
(D) New capability in airlift to be provided by the
KC(X) aircraft and the expected utilization of such
capability, including its use in intratheater lift.
(E) The utilization of intertheater lift aircraft in
intratheater combat mission support roles.
(F) The availability and application of Civil
Reserve Air Fleet assets in future military scenarios.
(G) Air mobility requirements associated with the
Global Rebasing Initiative of the Department of Defense.
(H) Air mobility requirements in support of
worldwide peacekeeping and humanitarian missions.
(I) Air mobility requirements in support of homeland
defense and national emergencies.
(J) The viability and capability of the Civil
Reserve Air Fleet to augment organic forces in both
friendly and hostile environments.
(K) An assessment of the Civil Reserve Air Fleet to
adequately augment the organic fleet as it relates to
commercial inventory management restructuring in
response to future commercial markets, streamlining of
operations, efficiency measures, or downsizing of the
participant.
(2) An evaluation of the state of the current airlift fleet
of the Air Force, including assessments of the following:
(A) The extent to which the increased use of airlift
aircraft in on-going operations is affecting the
programmed service life of the aircraft of that fleet.
(B) The adequacy of the current airlift force,
including whether or not a minimum of 299 strategic
airlift aircraft for the Air Force is sufficient to
support future expeditionary combat and non-combat
missions, as well as domestic and training mission
demands consistent with
[[Page 122 STAT. 315]]
the requirements of meeting the National Military
Strategy.
(C) The optimal mix of C-5 and C-17 aircraft for the
strategic airlift fleet of the Air Force, to include the
following:
(i) The cost-effectiveness of modernizing
various iterations of the C-5A and C-5B/C aircraft
fleet versus procuring additional C-17 aircraft.
(ii) The military capability, operational
availability, usefulness, and service life of the
C-5A/B/C/M aircraft and the C-17 aircraft. Such an
assessment shall examine appropriate metrics, such
as aircraft availability rates, departure rates,
and mission capable rates, in each of the
following cases:
(I) Completion of the Avionics
Modernization Program and the
Reliability Enhancement and Re-engining
Program.
(II) Partial completion of the
Avionics Modernization Program and the
Reliability Enhancement and Re-engining
Program, with partial completion of
either such program being considered the
point at which the continued execution
of each program is no longer supported
by the cost-effectiveness analysis.
(iii) At what specific fleet inventory for
each organic aircraft, to include air refueling
aircraft used in the airlift role, would it impede
the ability of Civil Reserve Air Fleet
participants to remain a viable augmentation
option.
(D) An analysis and assessment of the lessons that
may be learned from the experience of the Air Force in
restarting the production line for the C-5 aircraft
after having closed the line for several years, and
recommendations for the actions that the Department of
Defense should take to ensure that the production line
for the C-17 aircraft could be restarted if necessary,
including--
(i) an analysis of the methods that were used
and costs that were incurred in closing and re-
opening the production line for the C-5 aircraft;
(ii) an assessment of the methods and actions
that should be employed and the expected costs and
risks of closing and re-opening the production
line for the C-17 aircraft in view of that
experience.
Such analysis and assessment should deal with issues
such as production work force, production facilities,
tooling, industrial base suppliers, contractor logistics
support versus organic maintenance, and diminished
manufacturing sources.
(E) Assessing the military capability, operational
availability, usefulness, service life and optimal mix
of intra-theater airlift aircraft, to include--
(i) the cost-effectiveness of procuring the
Joint Cargo Aircraft versus procuring additional
C-130J or refurbishing C-130E/H platforms to meet
intra-theater airlift requirements of the
combatant commander and component commands; and
[[Page 122 STAT. 316]]
(ii) the cost-effectiveness of procuring
additional C-17 aircraft versus procuring
additional C-130J platforms or refurbishing C-
130E/H platforms to meet intra-theater airlift
requirements of the combatant commander and
component commands.
(3) Each analysis required by paragraph (2) shall include--
(A) a description of the assumptions and sensitivity
analysis utilized in the study regarding aircraft
performances and cargo loading factors; and
(B) a comprehensive statement of the data and
assumptions utilized in making the program life cycle
cost estimates and a comparison of cost and risk
associated with the optimally mixed fleet of airlift
aircraft versus the program of record airlift aircraft
fleet.
(e) Utilization of Other Studies.--The study required by subsection
(a) shall build upon the results of the 2005 Mobility Capabilities
Studies, the on-going Intra-theater Airlift Fleet Mix Analysis, the
Intra-theater Lift Capabilities Study, the Joint Future Theater Airlift
Capabilities Analysis, and other appropriate studies and analyses, such
as Fleet Viability Board Reports or special aircraft assessments. The
study shall also include any testing data collected on modernization,
recapitalization, and upgrade efforts of current organic aircraft.
(f) Collaboration With United States Transportation Command.--In
conducting the study required by subsection (a) and preparing the report
required by subsection (c)(3), the center shall collaborate with the
commander of the United States Transportation Command.
(g) Collaboration With Cost Analysis Improvement Group.--In
conducting the study required by subsection (a) and constructing the
analysis required by subsection (a)(2), the center shall collaborate
with the Cost Analysis Improvement Group of the Department of Defense.
(h) Report.--Not later than January 10, 2009, the center selected
under subsection (b) shall submit to the Secretary and the congressional
defense committees a report on the study required by subsection (a). The
report shall be submitted in unclassified form, but shall include a
classified annex.
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC MILITARY
AVIATION NATIONAL TRAINING CENTER.
(a) In General.--Not later than June 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report to
determine the feasibility of establishing a Border State Aviation
Training Center (BSATC) to support the current and future requirements
of the existing RC-26 training site for counterdrug activities, located
at the Fixed Wing Army National Guard Aviation Training Site (FWAATS),
including the domestic reconnaissance and surveillance missions of the
National Guard in support of local, State, and Federal law enforcement
agencies, provided that the activities to be conducted at the BSATC
shall not duplicate or displace any activity or program at the RC-26
training site or the FWAATS.
(b) Content.--The report required under subsection (a) shall--
(1) examine the current and past requirements of RC-26
aircraft in support of local, State, and Federal law enforcement
and determine the number of additional aircraft required
[[Page 122 STAT. 317]]
to provide such support for each State that borders Canada,
Mexico, or the Gulf of Mexico;
(2) determine the number of military and civilian personnel
required to run a RC-26 domestic training center meeting the
requirements identified under paragraph (1);
(3) determine the requirements and cost of locating such a
training center at a military installation for the purpose of
preempting and responding to security threats and responding to
crises; and
(4) include a comprehensive review of the number and type of
intelligence, reconnaissance, and surveillance platforms needed
for the National Guard to effectively provide domestic
operations and civil support (including homeland defense and
counterdrug) to local, State, and Federal law enforcement and
first responder entities and how those platforms would provide
additional capabilities not currently available from the assets
of other local, State, and Federal agencies.
(c) Consultation.--In preparing the report required under subsection
(a), the Secretary of Defense shall consult with the Adjutant General of
each State that borders Canada, Mexico, or the Gulf of Mexico, the
Adjutant General of the State of West Virginia, and the National Guard
Bureau.
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET PAD
SUSPENSION SYSTEMS.
(a) In General.--The Secretary of Defense shall carry out a limited
field user evaluation and operational assessment of qualified combat
helmet pad suspension systems. The evaluation and assessment shall be
carried out using verified product representative samples from combat
helmet pad suspension systems that are qualified as of the date of the
enactment of this Act.
(b) Report.--Not later than September 30, 2008, the Secretary shall
submit to the congressional defense committees a report on the results
of the limited field user evaluation and operational assessment.
(c) Funding.--The limited field user evaluation and operational
assessment required by subsection (a) shall be conducted using funds
appropriated pursuant to an authorization of appropriations or otherwise
made available for fiscal year 2008 for operation and maintenance, Army,
for soldier protection and safety.
SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) <<NOTE: Deadline.>> Study Required.--Not later than 30 days
after the date of the enactment of this Act, 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 September 1, 2008.
[[Page 122 STAT. 318]]
(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.--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.
SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Report.--Not later than 190 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the status, capability, viability, and
capacity of the solid rocket motor industrial base in the United States.
(b) Content.--The report required under subsection (a) shall include
the following:
(1) An assessment of the ability to maintain the Minuteman
III intercontinental ballistic missile through its planned
operational life.
(2) An assessment of the ability to maintain the Trident II
D-5 submarine launched ballistic missile through its planned
operational life.
(3) An assessment of the ability to maintain all other space
launch, missile defense, and other vehicles with solid rocket
motors, through their planned operational lifetimes.
(4) An assessment of the ability to support projected future
requirements for vehicles with solid rocket motors to support
space launch, missile defense, or any range of ballistic
missiles determined to be necessary to meet defense needs or
other requirements of the United States Government.
(5) An assessment of the required materials, the supplier
base, the production facilities, and the production workforce
needed to ensure that current and future requirements could be
met.
(6) An assessment of the adequacy of the current and
projected industrial base support programs to support the full
range of projected future requirements identified in paragraph
(4).
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE
ARMED FORCES WHO DIED IN THE AIR CRASH IN BAKERS CREEK,
AUSTRALIA, AND ESTABLISHMENT OF OTHER MEMORIALS IN ARLINGTON
NATIONAL CEMETERY.
(a) Bakers Creek Memorial.--Not later than April 1, 2008, the
Secretary of the Army shall submit to the Committee on Armed Services
and the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on Veterans'
Affairs of the Senate a report containing a discussion of locations
outside of Arlington National Cemetery that would serve as a suitable
location for the establishment of a memorial to honor the memory of the
40 members of the Armed Forces of the United States who lost their lives
in the air crash at Bakers Creek, Australia, on June 14, 1943.
[[Page 122 STAT. 319]]
(b) Memorials in Arlington National Cemetery.--Not later than April
1, 2008, the Secretary of the Army shall submit to the congressional
committees specified in subsection (a) a report containing--
(1) recommendations to implement the results of the study
regarding proposals for the construction of new memorials in
Arlington National Cemetery that was conducted pursuant to
section 2897 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2157); and
(2) proposed legislation, if necessary, to implement the
results of the study.
Subtitle F--Other Matters
SEC. 1061. 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''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b)(1) Subject to subsection (c), the Secretary of Defense shall
require a Federal agency to which law 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.
``(c) An agency to which support is provided under this chapter or
section 502(f) of title 32 is not required to reimburse the Department
of Defense for such support if the Secretary of Defense waives
reimbursement. <<NOTE: Waiver authority.>> The Secretary may waive the
reimbursement requirement under this subsection if such support--
``(1) is provided in the normal course of military training
or operations; or
``(2) results in a benefit to the element of the Department
of Defense or personnel of the National Guard providing the
support that is substantially equivalent to that which would
otherwise be obtained from military operations or training.''.
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.
(a) Establishment.--There is hereby established a commission to be
known as the ``Congressional Commission on the Strategic Posture of the
United States''. The purpose of the commission is to examine and make
recommendations with respect to the long-term strategic posture of the
United States.
[[Page 122 STAT. 320]]
(b) Composition.--
(1) Membership.--The commission shall be composed of 12
members appointed as follows:
(A) Three by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Three by the ranking minority member of the
Committee on Armed Services of the House of
Representatives.
(C) Three by the chairman of the Committee on Armed
Services of the Senate.
(D) Three by the ranking minority member of the
Committee on Armed Services of the Senate.
(2) Chairman; vice chairman.--
(A) Chairman.--The chairman of the Committee on
Armed Services of the House of Representatives and the
chairman of the Committee on Armed Services of the
Senate shall jointly designate one member of the
commission to serve as chairman of the commission.
(B) Vice chairman.--The ranking minority member of
the Committee on Armed Services of the House of
Representatives and the ranking minority member of the
Committee on Armed Services of the Senate shall jointly
designate one member of the commission to serve as vice
chairman of the commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons
policy, strategy, and force structure.
(2) Assessment and recommendations.--
(A) Assessment.--The commission shall assess the
benefits and risks associated with the current strategic
posture and nuclear weapons policies of the United
States.
(B) Recommendations.--The commission shall make
recommendations as to the most appropriate strategic
posture and most effective nuclear weapons strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the commission
shall receive the full and timely cooperation of the Secretary
of Defense, the Secretary of Energy, the Secretary of State, the
Director of National Intelligence, and any other United States
Government official in providing the commission with analyses,
briefings, and other information necessary for the fulfillment
of its responsibilities.
(2) Liaison.--The Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of National
Intelligence shall each designate at least one officer or
employee of the Department of Defense, the Department of Energy,
the Department of State, and the intelligence community,
respectively, to serve as a liaison officer between the
department (or the intelligence community, as the case may be)
and the commission.
[[Page 122 STAT. 321]]
(e) Report.--Not later than December 1, 2008, the commission shall
submit to the President, the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Committee on Armed Services of the
Senate, and the Committee on Armed Services of the House of
Representatives a report on the commission's findings, conclusions, and
recommendations. The report shall identify the strategic posture and
nuclear weapons strategy recommended under subsection (c)(2)(B) and
shall include--
(1) the military capabilities and force structure necessary
to support the strategy, including both nuclear and non-nuclear
capabilities that might support the strategy;
(2) the number of nuclear weapons required to support the
strategy, including the number of replacement warheads required,
if any;
(3) the appropriate qualitative analysis, including force-
on-force exchange modeling, to calculate the effectiveness of
the strategy under various scenarios;
(4) the nuclear infrastructure (that is, the size of the
nuclear complex) required to support the strategy;
(5) an assessment of the role of missile defenses in the
strategy;
(6) an assessment of the role of nonproliferation programs
in the strategy;
(7) the political and military implications of the strategy
for the United States and its allies; and
(8) any other information or recommendations relating to the
strategy (or to the strategic posture) that the commission
considers appropriate.
(f) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of Defense, $5,000,000
is available to fund the activities of the commission.
(g) Termination.--The commission shall terminate on June 1, 2009.
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Chapter 3 is amended--
(A) by redesignating the section 127c added by
section 1201(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2410) as section 127d and transferring
that section so as to appear immediately after the
section 127c added by section 1231(a) of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3467); and
(B) by revising the table of sections at the
beginning of such chapter to reflect the redesignation
and transfer made by paragraph (1).
(2) Section 629(d)(1) is amended by inserting a comma after
``(a)''.
(3) Section 662(b) is amended by striking ``paragraphs (1),
(2), and (3) of subsection (a)'' and inserting ``paragraphs (1)
and (2) of subsection (a)''.
(4) Subsections (c) and (d) of section 948r are each amended
by striking ``Defense Treatment Act of 2005'' each place it
appears and inserting ``Detainee Treatment Act of 2005''.
[[Page 122 STAT. 322]]
(5) The table of sections at the beginning of subchapter VI
of chapter 47A is amended by striking the item relating to
section 950j and inserting the following:
``950j. Finality of proceedings, findings, and sentences.''.
(6) Section 950f(b) is amended by striking ``No person may
be serve'' and inserting ``No person may serve''.
(7) The heading for section 950j is amended by striking
``Finality or'' and inserting ``Finality of''.
(8) Section 1034(b)(2) is amended by inserting
``unfavorable'' before ``action'' the second place it appears.
(9) Section 1588(d)(1)(B) is amended by striking ``the Act
of March 9, 1920, commonly known as the `Suits in Admiralty Act'
(41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March
3, 1925, commonly known as the `Public Vessels Act' (43 Stat.
1112; 46 U.S.C. App. 781 et seq.)'' and inserting ``chapters 309
and 311 of title 46''.
(10) The table of sections at the beginning of chapter 137
is amended by striking the item relating to section 2333 and
inserting the following new item:
``2333. Joint policies on requirements definition, contingency program
management, and contingency contracting.''.
(11) The table of sections at the beginning of chapter 141
is amended by inserting a period at the end of the item relating
to section 2410p.
(12) The table of sections at the beginning of chapter 152
is amended by inserting a period at the end of the item relating
to section 2567.
(13) Section 2583(e) is amended by striking ``Dogs'' and
inserting ``Animals''.
(14) Section 2668(e) is amended by striking ``and (d)'' and
inserting ``and (e)''.
(15) Section 12304(a) is amended by striking the second
period at the end.
(16) Section 14310(d)(1) is amended by inserting a comma
after ``(a)''.
(b) Title 37, United States Code.--Section 302c(d)(1) of title 37,
United States Code, is amended by striking ``Services Corps'' and
inserting ``Service Corps''.
(c) <<NOTE: Effective date.>> John Warner National Defense
Authorization Act for Fiscal Year 2007.--Effective as of October 17,
2006, and as if included therein as enacted, the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended as follows:
(1) Section 333(a) (120 Stat. 2151) is amended--
(A) by striking ``Section 332(c)'' and inserting
``Section 332''; and
(B) in paragraph (1), by inserting ``in subsection
(c),'' after ``(1)''.
(2) Section 348(2) (120 Stat. 2159) is amended by striking
``60 days of'' and inserting ``60 days after''.
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by
inserting a comma after ``title''.
(4) Section 591(b)(1) (120 Stat. 2233) is amended by
inserting a period after ``this title''.
(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by
striking ``in'' and inserting ``In''.
[[Page 122 STAT. 323]]
(6) Section 670(b) (120 Stat. 2269) is amended by striking
``such title'' and inserting ``such chapter''.
(7) Section 673 (120 Stat. 2271) is amended--
(A) in subsection (a)(1), by inserting ``the second
place it appears'' before ``and inserting'';
(B) in subsection (b)(1)--
(i) by striking ``Section'' and inserting
``Subsection (a) of section''; and
(ii) by inserting ``the second place it
appears'' before ``and inserting''; and
(C) in subsection (c)(1), by inserting ``the second
place it appears'' before ``and inserting''.
(8) Section 842(a)(2) (120 Stat. 2337) is amended by
striking ``adding at the end'' and inserting ``inserting after
the item relating to section 2533a''.
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C. 2631 note)
is amended by striking ``section 27'' and all that follows
through the period at the end and inserting ``sections 12112 and
50501 and chapter 551 of title 46, United States Code.''.
(10) Section 1071(f) (120 Stat. 2402) is amended by striking
``identical'' both places it appears.
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 2776a(d)) is
amended by striking ``note''.
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is amended
by striking ``2906 of such Act'' and inserting ``2906A of such
Act''.
(13) Section 2831 (120 Stat. 2480) is amended--
(A) by striking ``Section 2667(d)'' and inserting
``Section 2667(e)''; and
(B) by inserting ``as redesignated by section
662(b)(1) of this Act,'' after ``Code,''.
(d) <<NOTE: Effective date.>> Public Law 109-366.--Effective as of
October 17, 2006, and as if included therein as enacted, Public Law 109-
366 is amended as follows:
(1) Section 8(a)(3) (120 Stat. 2636) is amended by inserting
a semicolon after ``subsection''.
(2) Section 9(1) (120 Stat. 2636) is amended by striking
``No. 1.'' and inserting ``No. 1,''.
(e) <<NOTE: Effective date.>> National Defense Authorization Act for
Fiscal Year 2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163) is amended as follows:
(1) Section 571 (119 Stat. 3270) is amended by striking
``931 et seq.)'' and inserting ``921 et seq.)''.
(2) Section 1052(j) (119 Stat. 3435) is amended by striking
``Section 1049'' and inserting ``Section 1409''.
(f) Military Commissions Act of 2006.--Section 7 of the Military
Commissions Act of 2006 <<NOTE: 120 Stat. 2635.>> (Public Law 109-366)
is amended by striking ``added by added by'' and inserting ``added by''.
(g) National Defense Authorization Act for Fiscal Year 2004.--The
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) is amended as follows:
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) is
amended by striking ``those program'' and inserting ``those
programs''.
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) is
amended by striking ``(A))'' and inserting ``(A)))''.
[[Page 122 STAT. 324]]
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note)
is amended by inserting ``Security'' after ``Health''.
(h) National Defense Authorization Act for Fiscal Year 1994.--
Section 845(a) of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 2371 note) is amended--
(1) in paragraph (2)(A), by inserting ``Research'' after
``Defense Advanced''; and
(2) in paragraph (3), by inserting ``Research'' after
``Defense Advanced''.
(i) National Defense Authorization Act for Fiscal Year 1993.--
Section 722(a)(1) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by
striking ``155 Stat.'' and inserting ``115 Stat.''.
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.
Section 1063 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3445) is repealed.
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION.
The Secretary of Defense shall maintain the capability for space-
based nuclear detection at a level that meets or exceeds the level of
capability as of the date of the enactment of this Act.
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION,
GUANTANAMO BAY, CUBA.
It is the sense of Congress that--
(1) the Nation extends its gratitude to the military
personnel who guard and interrogate some of the world's most
dangerous men every day at Naval Station, Guantanamo Bay, Cuba;
(2) the United States Government should urge the
international community, in general, and in particular, the home
countries of the detainees who remain in detention despite
having been ordered released by a Department of Defense
administrative review board, to work with the Department of
Defense to facilitate and expedite the repatriation of such
detainees;
(3) detainees at Guantanamo Bay, to the maximum extent
possible, should be charged and expeditiously prosecuted for
crimes committed against the United States; and
(4) operations at Guantanamo Bay should be carried out in a
way that upholds the national interest and core values of the
American people.
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains the Secretary's
plan for each individual presently detained at Naval Station, Guantanamo
Bay, Cuba, under the control of the Joint Task Force Guantanamo, who is
or has ever been classified as an ``enemy combatant'' (referred to in
this section as a ``detainee'').
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
[[Page 122 STAT. 325]]
(1) An identification of the number of detainees who, as of
December 31, 2007, the Department estimates--
(A) will have been or will be charged with one or
more crimes and may, therefore, be tried before a
military commission;
(B) will be subject of an order calling for the
release or transfer of the detainee from the Guantanamo
Bay facility; or
(C) will not have been charged with any crimes and
will not be subject to an order calling for the release
or transfer of the detainee from the Guantanamo Bay
facility, but whom the Department wishes to continue to
detain.
(2) A description of the actions required to be undertaken,
by the Secretary of Defense, possibly the heads of other Federal
agencies, and Congress, to ensure that detainees who are subject
to an order calling for their release or transfer from the
Guantanamo Bay facility have, in fact, been released.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex.
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364
RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) Interference With State and Federal Laws.--
(1) In general.--Section 333 of title 10, United States
Code, is amended to read as follows:
``Sec. 333. <<NOTE: President.>> Interference with State and Federal law
``The President, by using the militia or the armed forces, or both,
or by any other means, shall take such measures as he considers
necessary to suppress, in a State, any insurrection, domestic violence,
unlawful combination, or conspiracy, if it--
``(1) so hinders the execution of the laws of that State,
and of the United States within the State, that any part or
class of its people is deprived of a right, privilege, immunity,
or protection named in the Constitution and secured by law, and
the constituted authorities of that State are unable, fail, or
refuse to protect that right, privilege, or immunity, or to give
that protection; or
``(2) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to
have denied the equal protection of the laws secured by the
Constitution.''.
(2) Proclamation to disperse.--Section 334 of such title is
amended by striking ``or those obstructing the enforcement of
the laws'' after ``insurgents''.
(3) Heading amendment.--The heading of chapter 15 of such
title is amended to read as follows:
``CHAPTER 15--INSURRECTION''.
(4) Clerical amendments.--
[[Page 122 STAT. 326]]
(A) The table of sections at the beginning of
chapter 15 of such title is amended by striking the item
relating to section 333 and inserting the following new
item:
``333. Interference with State and Federal law.''.
(B) The tables of chapters at the beginning of
subtitle A of title 10, United States Code, and at the
beginning of part I of such subtitle, are each amended
by striking the item relating to chapter 15 and
inserting the following new item:
``15. Insurrection................................................331''.
(b) Repeal of Section Relating to Provision of Supplies, Services,
and Equipment.--
(1) In general.--Section 2567 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2567.
(c) Conforming Amendment.--Section 12304(c) of such title is amended
by striking ``Except to perform'' and all that follows through ``this
section'' and inserting ``No unit or member of a reserve component may
be ordered to active duty under this section to perform any of the
functions authorized by chapter 15 or section 12406 of this title or,
except as provided in subsection (b),''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Development of Standards.--
(1) Access standards for visitors.--The Secretary of Defense
shall develop access standards applicable to all military
installations in the United States. The standards shall require
screening standards appropriate to the type of installation
involved, the security level, category of individuals authorized
to visit the installation, and level of access to be granted,
including--
(A) protocols to determine the fitness of the
individual to enter an installation; and
(B) standards and methods for verifying the identity
of the individual.
(2) Additional criteria.--The standards required under
paragraph (1) may--
(A) provide for expedited access to a military
installation for Department of Defense personnel and
employees and family members of personnel who reside on
the installation;
(B) provide for closer scrutiny of categories of
individuals determined by the Secretary of Defense to
pose a higher potential security risk; and
(C) in the case of an installation that the
Secretary determines contains particularly sensitive
facilities, provide additional screening requirements,
as well as physical and other security measures for the
installation.
(b) Use of Technology.--The Secretary of Defense is encouraged to
procure and field existing identification screening technology and to
develop additional technology only to the extent necessary
[[Page 122 STAT. 327]]
to assist commanders of military installations in implementing the
standards developed under this section at points of entry for such
installations.
(c) Deadlines.--
(1) Development and implementation.--The Secretary of
Defense shall develop the standards required under this section
by not later than July 1, 2008, and implement such standards by
not later than January 1, 2009.
(2) Submission to congress.--Not later than August 1, 2009,
the Secretary shall submit to the Committees on Armed Services
of the Senate and House of Representatives the standards
implemented pursuant to paragraph (1).
SEC. 1070. 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.
[[Page 122 STAT. 328]]
SEC. 1071. 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. 1072. SECURITY CLEARANCES; LIMITATIONS.
(a) In General.--Title III of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end
the following new section:
``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.
``(a) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled substance'
has the meaning given that term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(2) Covered person.--The term `covered person' means--
``(A) an officer or employee of a Federal agency;
``(B) a member of the Army, Navy, Air Force, or
Marine Corps who is on active duty or is in an active
status; and
``(C) an officer or employee of a contractor of a
Federal agency.
``(3) Restricted data.--The term `Restricted Data' has the
meaning given that term in section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014).
``(4) Special access program.--The term `special access
program' has the meaning given that term in section 4.1 of
Executive Order No. 12958 (60 Fed. Reg. 19825).
``(b) Prohibition.--After January 1, 2008, the head of a Federal
agency may not grant or renew a security clearance for a covered person
who is an unlawful user of a controlled substance or an addict (as
defined in section 102(1) of the Controlled Substances Act (21 U.S.C.
802)).
``(c) Disqualification.--
``(1) In general.--After January 1, 2008, absent an express
written waiver granted in accordance with paragraph (2), the
head of a Federal agency may not grant or renew a security
clearance described in paragraph (3) for a covered person who--
``(A) has been convicted in any court of the United
States of a crime, was sentenced to imprisonment for a
term exceeding 1 year, and was incarcerated as a result
of that sentence for not less than 1 year;
``(B) has been discharged or dismissed from the
Armed Forces under dishonorable conditions; or
``(C) is mentally incompetent, as determined by an
adjudicating authority, based on an evaluation by a duly
qualified mental health professional employed by, or
acceptable to and approved by, the United States
Government and in accordance with the adjudicative
guidelines required by subsection (d).
``(2) Waiver authority.--In a meritorious case, an exception
to the disqualification in this subsection may be authorized if
there are mitigating factors. Any such waiver may be authorized
only in accordance with--
[[Page 122 STAT. 329]]
``(A) standards and procedures prescribed by, or
under the authority of, an Executive order or other
guidance issued by the President; or
``(B) the adjudicative guidelines required by
subsection (d).
``(3) <<NOTE: Applicability.>> Covered security
clearances.--This subsection applies to security clearances that
provide for access to--
``(A) special access programs;
``(B) Restricted Data; or
``(C) any other information commonly referred to as
`sensitive compartmented information'.
``(4) Annual report.--
``(A) Requirement for report.--Not later than
February 1 of each year, the head of a Federal agency
shall submit a report to the appropriate committees of
Congress if such agency employs or employed a person for
whom a waiver was granted in accordance with paragraph
(2) during the preceding year. Such annual report shall
not reveal the identity of such person, but shall
include for each waiver issued the disqualifying factor
under paragraph (1) and the reasons for the waiver of
the disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--The
term `appropriate committees of Congress' means,
with respect to a report submitted under
subparagraph (A) by the head of a Federal agency--
``(I) the congressional defense
committees;
``(II) the congressional
intelligence committees;
``(III) the Committee on Homeland
Security and Governmental Affairs of the
Senate;
``(IV) the Committee on Oversight
and Government Reform of the House of
Representatives; and
``(V) each Committee of the Senate
or the House of Representatives with
oversight authority over such Federal
agency.
``(ii) Congressional defense committees.--The
term `congressional defense committees' has the
meaning given that term in section 101(a)(16) of
title 10, United States Code.
``(iii) Congressional intelligence
committees.--The term `congressional intelligence
committees' has the meaning given that term in
section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
``(d) Adjudicative Guidelines.--
``(1) <<NOTE: President.>> Requirement to establish.--The
President shall establish adjudicative guidelines for
determining eligibility for access to classified information.
``(2) Requirements related to mental health.--The guidelines
required by paragraph (1) shall--
``(A) include procedures and standards under which a
covered person is determined to be mentally incompetent
and provide a means to appeal such a determination; and
``(B) require that no negative inference concerning
the standards in the guidelines may be raised solely on
the basis of seeking mental health counseling.''.
(b) Conforming Amendments.--
[[Page 122 STAT. 330]]
(1) Repeal.--Section 986 of title 10, United States Code, is
repealed.
(2) 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.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2008.
SEC. 1073. <<NOTE: Deadlines.>> IMPROVEMENTS IN THE PROCESS FOR THE
ISSUANCE OF SECURITY CLEARANCES.
(a) Demonstration Project.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of Defense and the Director
of National Intelligence shall implement a demonstration project that
applies new and innovative approaches to improve the processing of
requests for security clearances.
(b) Evaluation.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall carry out an evaluation of the process for
issuing security clearances and develop a specific plan and schedule for
replacing such process with an improved process.
(c) Report.--Not later than 30 days after the date of the completion
of the evaluation required by subsection (b), the Secretary of Defense
and the Director of National Intelligence shall submit to Congress a
report on--
(1) the results of the demonstration project carried out
pursuant to subsection (a);
(2) the results of the evaluation carried out under
subsection (b); and
(3) the recommended specific plan and schedule for replacing
the existing process for issuing security clearances with an
improved process.
SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.
(a) <<NOTE: Regulations.>> Protection for Department Leadership.--
The Secretary of Defense, under regulations prescribed by the Secretary
and in accordance with guidelines approved by the Secretary and the
Attorney General, may authorize qualified members of the Armed Forces
and qualified civilian employees of the Department of Defense to provide
physical protection and personal security within the United States to
the following persons who, by nature of their positions, require
continuous security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) <<NOTE: Regulations.>> Authority to provide.--The
Secretary of Defense, under regulations prescribed by the
Secretary and in accordance with guidelines approved by the
Secretary and the Attorney General, may authorize qualified
members of the Armed Forces and qualified civilian employees of
the Department of Defense to provide physical protection and
personal security within the United States to individuals other
than individuals described in paragraphs (1) through (7) of
subsection (a) if
[[Page 122 STAT. 331]]
the Secretary determines that such protection and security are
necessary because--
(A) there is an imminent and credible threat to the
safety of the individual for whom protection is to be
provided; or
(B) compelling operational considerations make such
protection essential to the conduct of official
Department of Defense business.
(2) Personnel.--Individuals authorized to receive physical
protection and personal security under this subsection include
the following:
(A) Any official, military member, or employee of
the Department of Defense.
(B) A former or retired official who faces serious
and credible threats arising from duties performed while
employed by the Department for a period of up to two
years beginning on the date on which the official
separates from the Department.
(C) A head of a foreign state, an official
representative of a foreign government, or any other
distinguished foreign visitor to the United States who
is primarily conducting official business with the
Department of Defense.
(D) Any member of the immediate family of a person
authorized to receive physical protection and personal
security under this section.
(E) An individual who has been designated by the
President, and who has received the advice and consent
of the Senate, to serve as Secretary of Defense, but who
has not yet been appointed as Secretary of Defense.
(3) Limitation on delegation.--The authority of the
Secretary of Defense to authorize the provision of physical
protection and personal security under this subsection may be
delegated only to the Deputy Secretary of Defense.
(4) Requirement for written determination.--A determination
of the Secretary of Defense to provide physical protection and
personal security under this subsection shall be in writing,
shall be based on a threat assessment by an appropriate law
enforcement, security, or intelligence organization, and shall
include the name and title of the officer, employee, or other
individual affected, the reason for such determination, the
duration of the authorized protection and security for such
officer, employee, or individual, and the nature of the
arrangements for the protection and security.
(5) Duration of protection.--
(A) Initial period of protection.--After making a
written determination under paragraph (4), the Secretary
of Defense may provide protection and security to an
individual under this subsection for an initial period
of not more than 90 calendar days.
(B) Subsequent period.--If, at the end of the period
that protection and security is provided to an
individual under subsection (A), the Secretary
determines that a condition described in subparagraph
(A) or (B) of paragraph (1) continues to exist with
respect to the individual, the Secretary may extend the
period that such protection and security is provided for
additional 60-day periods. The Secretary shall review
such a determination at the end of
[[Page 122 STAT. 332]]
each 60-day period to determine whether to continue to
provide such protection and security.
(C) Requirement for compliance with regulations.--
Protection and personal security provided under
subparagraph (B) shall be provided in accordance with
the regulations and guidelines referred to in paragraph
(1).
(6) Submission to congress.--
(A) <<NOTE: Deadline.>> In general.--The Secretary
of Defense shall submit to the congressional defense
committees each determination made under paragraph (4)
to provide protection and security to an individual and
of each determination under paragraph (5)(B) to extend
such protection and security, together with the
justification for such determination, not later than 15
days after the date on which the determination is made.
(B) Form of report.--A report submitted under
subparagraph (A) may be made in classified form.
(C) Regulations and guidelines.--The Secretary of
Defense shall submit to the congressional defense
committees the regulations and guidelines prescribed
pursuant to paragraph (1) not less than 20 days before
the date on which such regulations take effect.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the Committee on
Appropriations and the Committee on Armed Services of the Senate
and the Committee on Appropriations and the Committee on Armed
Services of the House of Representatives.
(2) Qualified members of the armed forces and qualified
civilian employees of the department of defense.--The terms
``qualified members of the Armed Forces'' and ``qualified
civilian employees of the Department of Defense'' refer
collectively to members or employees who are assigned to
investigative, law enforcement, or security duties of any of the
following:
(A) The Army Criminal Investigation Command.
(B) The Naval Criminal Investigative Service.
(C) The Air Force Office of Special Investigations.
(D) The Defense Criminal Investigative Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest authority.--
Other than the authority to provide protection and security
under this section, nothing in this section may be construed to
bestow any additional law enforcement or arrest authority upon
the qualified members of the Armed Forces and qualified civilian
employees of the Department of Defense.
(2) Posse comitatus.--Nothing in this section shall be
construed to abridge section 1385 of title 18, United States
Code.
(3) Authorities of other departments.--Nothing in this
section may be construed to preclude or limit, in any way, the
express or implied powers of the Secretary of Defense or other
Department of Defense officials, or the duties and authorities
of the Secretary of State, the Director of the United
[[Page 122 STAT. 333]]
States Secret Service, the Director of the United States
Marshals Service, or any other Federal law enforcement agency.
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE
THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE
ATTACK.
(a) Extension of Date of Submittal of Final Report.--Section 1403(a)
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 50 U.S.C. 2301
note) is amended by striking ``June 30, 2007'' and inserting ``November
30, 2008''.
(b) Coordination of Work With Department of Homeland Security.--
Section 1404 of such Act is amended by adding at the end the following
new subsection:
``(c) Coordination With Department of Homeland Security.--The
Commission and the Secretary of Homeland Security shall jointly ensure
that the work of the Commission with respect to electromagnetic pulse
attack on electricity infrastructure, and protection against such
attack, is coordinated with Department of Homeland Security efforts on
such matters.''.
(c) Limitation on Department of Defense Funding.--The aggregate
amount of funds provided by the Department of Defense to the Commission
to Assess the Threat to the United States from Electromagnetic Pulse
Attack for purposes of the preparation and submittal of the final report
required by section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as amended by subsection (a)),
whether by transfer or otherwise and including funds provided the
Commission before the date of the enactment of this Act, shall not
exceed $5,600,000.
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
It is the sense of Congress that--
(1) the Department of Defense's Small Business Innovation
Research program has been effective in supporting the
performance of the missions of the Department of Defense, by
stimulating technological innovation through investments in
small business research activities;
(2) the Department of Defense's Small Business Innovation
Research program has transitioned a number of technologies and
systems into operational use by warfighters; and
(3) the Department of Defense's Small Business Innovation
Research program should be reauthorized so as to ensure that the
program's activities can continue seamlessly, efficiently, and
effectively.
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.
Subsection (c) of section 2245 of title 10, United States Code, is
amended to read as follows:
``(c) In this section, the term `proficiency flying' means flying
performed under competent orders by a rated or designated member of the
armed forces while serving in a non-aviation assignment or in an
assignment in which skills would normally not be maintained in the
performance of assigned duties.''.
[[Page 122 STAT. 334]]
SEC. 1078. 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 other commercial air service'' after
``transportation''; and
(2) by adding at the end the following: ``In the preceding
sentence, the term `other commercial air service' means an
aircraft operation that (i) is within the United States
territorial airspace; (ii) the Administrator of the Federal
Aviation Administration determines is available for compensation
or hire to the public, and (iii) must comply with all applicable
civil aircraft rules under title 14, Code of Federal
Regulations.''.
(b) Aircraft Operated by the Armed Forces.--Section 40125(c)(1)(C)
of such title is amended by inserting ``or other commercial air
service'' after ``transportation''.
(c) Conforming Amendments.--
(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)'' and inserting ``40102(a)(41)(E)''.
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) <<NOTE: Deadline. Reports.>> Requests of Committees.--The
Director of the National Counterterrorism Center, the Director of a
national intelligence center, or the head of any element of the
intelligence community shall, not later than 45 days after receiving a
written request from the Chair or ranking minority member of the
Committee on Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives for any existing intelligence
assessment, report, estimate, or legal opinion relating to matters
within the jurisdiction of such Committee, make available to such
committee such assessment, report, estimate, or legal opinion, as the
case may be.
(b) <<NOTE: President.>> Assertion of Privilege.--
(1) In general.--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 element of the intelligence community shall provide
to the Committee making such request the document or information
covered by such request unless the President determines that
such document or information shall not be provided because the
President is asserting a privilege pursuant to the Constitution
of the United States.
(2) Submission to congress.--The White House Counsel shall
submit to Congress in writing any assertion by the President
under paragraph (1) of a privilege pursuant to the Constitution.
(c) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Intelligence assessment.--The term ``intelligence
assessment'' means an intelligence-related analytical study of
[[Page 122 STAT. 335]]
a subject of policy significance and does not include building-
block papers, research projects, and reference aids.
(3) Intelligence estimate.--The term ``intelligence
estimate'' means an appraisal of available intelligence relating
to a specific situation or condition with a view to determining
the courses of action open to an enemy or potential enemy and
the probable order of adoption of such courses of action.
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE
PROTECTION SERVICES.
Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 67; 42
U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding the provisions of subsection (a), all sums
received for any Department of Defense activity for fire protection
rendered pursuant to this Act shall be credited to the appropriation
fund or account from which the expenses were paid. Amounts so credited
shall be merged with funds in such appropriation fund or account and
shall be available for the same purposes and subject to the same
limitations as the funds with which the funds are merged.''.
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING
SUPPORT FOR THE AIR FORCE.
(a) Pilot Program Required.--The Secretary of the Air Force shall
conduct, as soon as practicable after the date of the enactment of this
Act, a pilot program to assess the feasibility and advisability of
utilizing commercial fee-for-service air refueling tanker aircraft for
Air Force operations. The duration of the pilot program shall be at
least five years after commencement of the program.
(b) Purpose.--
(1) In general.--The pilot program required by subsection
(a) shall evaluate the feasibility of fee-for-service air
refueling to support, augment, or enhance the air refueling
mission of the Air Force by utilizing commercial air refueling
providers on a fee-for-service basis.
(2) Elements.--In order to achieve the purpose of the pilot
program, the Secretary of the Air Force shall--
(A) demonstrate and validate a comprehensive
strategy for air refueling on a fee-for-service basis by
evaluating all mission areas, including testing support,
training support to receiving aircraft, homeland defense
support, deployment support, air bridge support,
aeromedical evacuation, and emergency air refueling; and
(B) integrate fee-for-service air refueling
described in paragraph (1) into Air Mobility Command
operations during the evaluation and execution phases of
the pilot program.
(c) Annual Report.--The Secretary of the Air Force shall provide to
the congressional defense committees an annual report on the fee-for-
service air refueling program, which includes--
(1) information with respect to--
(A) missions flown;
(B) mission areas supported;
(C) aircraft number, type, model series supported;
(D) fuel dispensed;
(E) departure reliability rates; and
[[Page 122 STAT. 336]]
(F) the annual and cumulative cost to the Government
for the program, including a comparison of costs of the
same service provided by the Air Force;
(2) an assessment of the impact of outsourcing air refueling
on the Air Force's flying hour program and aircrew training; and
(3) any other data that the Secretary determines is
appropriate for evaluating the performance of the commercial air
refueling providers participating in the pilot program.
(d) Comptroller General Review.--The Comptroller General shall
submit to the congressional defense committees--
(1) an annual review of the conduct of the pilot program
under this section and any recommendations of the Comptroller
General for improving the program; and
(2) <<NOTE: Deadline.>> not later than 90 days after the
completion of the pilot program, a final assessment of the
results of the pilot program and the recommendations of the
Comptroller General for whether the Secretary of the Air Force
should continue to utilize fee-for-service air refueling.
SEC. 1082. 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
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) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> In general.--The Secretary of
Defense shall enter into a contract with a federally funded
research and development
[[Page 122 STAT. 337]]
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);
(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);
and
(8) assess and make recommendations on--
(A) whether there should be any additional Weapons
of Mass Destruction Civil Support Teams, beyond the 55
already authorized and, if so, how many additional Civil
Support Teams, and where they should be located; and
[[Page 122 STAT. 338]]
(B) what criteria and considerations are appropriate
to determine whether additional Civil Support Teams are
needed and, if so, where they should be located.
(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. 1083. TERRORISM EXCEPTION TO IMMUNITY.
(a) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United States Code,
is amended by inserting after section 1605 the following:
``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
foreign state
``(a) In General.--
``(1) No immunity.--A foreign state shall not be immune from
the jurisdiction of courts of the United States or of the States
in any case not otherwise covered by this chapter in which money
damages are sought against a foreign state for personal injury
or death that was caused by an act of torture, extrajudicial
killing, aircraft sabotage, hostage taking, or the provision of
material support or resources for such an act if such act or
provision of material support or resources is engaged in by an
official, employee, or agent of such foreign state while acting
within the scope of his or her office, employment, or agency.
``(2) Claim heard.--The court shall hear a claim under this
section if--
``(A)(i)(I) the foreign state was designated as a
state sponsor of terrorism at the time the act described
in paragraph (1) occurred, or was so designated as a
result of such act, and, subject to subclause (II),
either remains
[[Page 122 STAT. 339]]
so designated when the claim is filed under this section
or was so designated within the 6-month period before
the claim is filed under this section; or
``(II) in the case of an action that is refiled
under this section by reason of section 1083(c)(2)(A) of
the National Defense Authorization Act for Fiscal Year
2008 or is filed under this section by reason of section
1083(c)(3) of that Act, the foreign state was designated
as a state sponsor of terrorism when the original action
or the related action under section 1605(a)(7) (as in
effect before the enactment of this section) or section
589 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as contained
in section 101(c) of division A of Public Law 104-208)
was filed;
``(ii) the claimant or the victim was, at the time
the act described in paragraph (1) occurred--
``(I) a national of the United States;
``(II) a member of the armed forces; or
``(III) otherwise an employee of the
Government of the United States, or of an
individual performing a contract awarded by the
United States Government, acting within the scope
of the employee's employment; and
``(iii) in a case in which the act occurred in the
foreign state against which the claim has been brought,
the claimant has afforded the foreign state a reasonable
opportunity to arbitrate the claim in accordance with
the accepted international rules of arbitration; or
``(B) the act described in paragraph (1) is related
to Case Number 1:00CV03110 (EGS) in the United States
District Court for the District of Columbia.
``(b) Limitations.--An action may be brought or maintained under
this section if the action is commenced, or a related action was
commenced under section 1605(a)(7) (before the date of the enactment of
this section) or section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (as contained
in section 101(c) of division A of Public Law 104-208) not later than
the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years after the date on which the cause of action
arose.
``(c) Private Right of Action.--A foreign state that is or was a
state sponsor of terrorism as described in subsection (a)(2)(A)(i), and
any official, employee, or agent of that foreign state while acting
within the scope of his or her office, employment, or agency, shall be
liable to--
``(1) a national of the United States,
``(2) a member of the armed forces,
``(3) an employee of the Government of the United States, or
of an individual performing a contract awarded by the United
States Government, acting within the scope of the employee's
employment, or
``(4) the legal representative of a person described in
paragraph (1), (2), or (3),
for personal injury or death caused by acts described in subsection
(a)(1) of that foreign state, or of an official, employee, or agent of
that foreign state, for which the courts of the United States
[[Page 122 STAT. 340]]
may maintain jurisdiction under this section for money damages. In any
such action, damages may include economic damages, solatium, pain and
suffering, and punitive damages. In any such action, a foreign state
shall be vicariously liable for the acts of its officials, employees, or
agents.
``(d) Additional Damages.--After an action has been brought under
subsection (c), actions may also be brought for reasonably foreseeable
property loss, whether insured or uninsured, third party liability, and
loss claims under life and property insurance policies, by reason of the
same acts on which the action under subsection (c) is based.
``(e) Special Masters.--
``(1) In general.--The courts of the United States may
appoint special masters to hear damage claims brought under this
section.
``(2) Transfer of funds.--The Attorney General shall
transfer, from funds available for the program under section
1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), to
the Administrator of the United States district court in which
any case is pending which has been brought or maintained under
this section such funds as may be required to cover the costs of
special masters appointed under paragraph (1). Any amount paid
in compensation to any such special master shall constitute an
item of court costs.
``(f) Appeal.--In an action brought under this section, appeals from
orders not conclusively ending the litigation may only be taken pursuant
to section 1292(b) of this title.
``(g) Property Disposition.--
``(1) In general.--In every action filed in a United States
district court in which jurisdiction is alleged under this
section, the filing of a notice of pending action pursuant to
this section, to which is attached a copy of the complaint filed
in the action, shall have the effect of establishing a lien of
lis pendens upon any real property or tangible personal property
that is--
``(A) subject to attachment in aid of execution, or
execution, under section 1610;
``(B) located within that judicial district; and
``(C) titled in the name of any defendant, or titled
in the name of any entity controlled by any defendant if
such notice contains a statement listing such controlled
entity.
``(2) Notice.--A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in the
same manner as any pending action and shall be indexed by
listing as defendants all named defendants and all entities
listed as controlled by any defendant.
``(3) Enforceability.--Liens established by reason of this
subsection shall be enforceable as provided in chapter 111 of
this title.
``(h) Definitions.--For purposes of this section--
``(1) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages;
[[Page 122 STAT. 341]]
``(3) the term `material support or resources' has the
meaning given that term in section 2339A of title 18;
``(4) the term `armed forces' has the meaning given that
term in section 101 of title 10;
``(5) the term `national of the United States' has the
meaning given that term in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22));
``(6) the term `state sponsor of terrorism' means a country
the government of which the Secretary of State has determined,
for purposes of section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms
Export Control Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly provided support for
acts of international terrorism; and
``(7) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note).''.
(2) Amendment to chapter analysis.--The table of sections at
the beginning of chapter 97 of title 28, United States Code, is
amended by inserting after the item relating to section 1605 the
following:
``1605A. Terrorism exception to the jurisdictional immunity of a foreign
state.''.
(b) Conforming Amendments.--
(1) General exception.--Section 1605 of title 28, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by inserting ``or''
after the semicolon;
(ii) in paragraph (6)(D), by striking ``; or''
and inserting a period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f); and
(C) in subsection (g)(1)(A), by striking ``but for
subsection (a)(7)'' and inserting ``but for section
1605A''.
(2) Counterclaims.--Section 1607(a) of title 28, United
States Code, is amended by inserting ``or 1605A'' after
``1605''.
(3) Property.--Section 1610 of title 28, United States Code,
is amended--
(A) in subsection (a)(7), by striking ``1605(a)(7)''
and inserting ``1605A'';
(B) in subsection (b)(2), by striking ``(5), or (7),
or 1605(b)'' and inserting ``or (5), 1605(b), or
1605A'';
(C) in subsection (f), in paragraphs (1)(A) and
(2)(A), by inserting ``(as in effect before the
enactment of section 1605A) or section 1605A'' after
``1605(a)(7)''; and
(D) by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--Subject to paragraph (3), the property of
a foreign state against which a judgment is entered under
section 1605A, and the property of an agency or instrumentality
of such a state, including property that is a separate juridical
entity or is an interest held directly or indirectly in a
separate juridical entity, is subject to attachment in aid of
execution, and execution, upon that judgment as provided in this
section, regardless of--
[[Page 122 STAT. 342]]
``(A) the level of economic control over the
property by the government of the foreign state;
``(B) whether the profits of the property go to that
government;
``(C) the degree to which officials of that
government manage the property or otherwise control its
daily affairs;
``(D) whether that government is the sole
beneficiary in interest of the property; or
``(E) whether establishing the property as a
separate entity would entitle the foreign state to
benefits in United States courts while avoiding its
obligations.
``(2) United states sovereign immunity inapplicable.--Any
property of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be
immune from attachment in aid of execution, or execution, upon a
judgment entered under section 1605A because the property is
regulated by the United States Government by reason of action
taken against that foreign state under the Trading With the
Enemy Act or the International Emergency Economic Powers Act.
``(3) Third-party joint property holders.--Nothing in this
subsection shall be construed to supersede the authority of a
court to prevent appropriately the impairment of an interest
held by a person who is not liable in the action giving rise to
a judgment in property subject to attachment in aid of
execution, or execution, upon such judgment.''.
(4) Victims of crime act.--Section 1404C(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended
by striking ``December 21, 1988 with respect to which an
investigation or'' and inserting ``October 23, 1983, with
respect to which an investigation or civil or criminal''.
(c) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to any claim arising under section 1605A of title 28,
United States Code.
(2) Prior actions.--
(A) In general.--With respect to any action that--
(i) was brought under section 1605(a)(7) of
title 28, United States Code, or section 589 of
the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of division A of
Public Law 104-208), before the date of the
enactment of this Act,
(ii) relied upon either such provision as
creating a cause of action,
(iii) has been adversely affected on the
grounds that either or both of these provisions
fail to create a cause of action against the
state, and
(iv) as of such date of enactment, is before
the courts in any form, including on appeal or
motion under rule 60(b) of the Federal Rules of
Civil Procedure,
that action, and any judgment in the action shall, on
motion made by plaintiffs to the United States district
court where the action was initially brought, or
judgment in the action was initially entered, be given
effect as if the action had
[[Page 122 STAT. 343]]
originally been filed under section 1605A(c) of title
28, United States Code.
(B) Defenses waived.--The defenses of res judicata,
collateral estoppel, and limitation period are waived--
(i) in any action with respect to which a
motion is made under subparagraph (A), or
(ii) in any action that was originally
brought, before the date of the enactment of this
Act, under section 1605(a)(7) of title 28, United
States Code, or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section
101(c) of division A of Public Law 104-208), and
is refiled under section 1605A(c) of title 28,
United States Code,
to the extent such defenses are based on the claim in
the action.
(C) Time limitations.--A motion may be made or an
action may be refiled under subparagraph (A) only--
(i) if the original action was commenced not
later than the latter of--
(I) 10 years after April 24, 1996;
or
(II) 10 years after the cause of
action arose; and
(ii) within the 60-day period beginning on the
date of the enactment of this Act.
(3) <<NOTE: Deadline.>> Related actions.--If an action
arising out of an act or incident has been timely commenced
under section 1605(a)(7) of title 28, United States Code, or
section 589 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as contained in
section 101(c) of division A of Public Law 104-208), any other
action arising out of the same act or incident may be brought
under section 1605A of title 28, United States Code, if the
action is commenced not later than the latter of 60 days after--
(A) the date of the entry of judgment in the
original action; or
(B) the date of the enactment of this Act.
(4) Preserving the jurisdiction of the courts.--Nothing in
section 1503 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11, 117 Stat. 579) has
ever authorized, directly or indirectly, the making inapplicable
of any provision of chapter 97 of title 28, United States Code,
or the removal of the jurisdiction of any court of the United
States.
(d) Applicability to Iraq.--
(1) <<NOTE: President. Waiver authority.>> Applicability.--
The President may waive any provision of this section with
respect to Iraq, insofar as that provision may, in the
President's determination, affect Iraq or any agency or
instrumentality thereof, if the President determines that--
(A) the waiver is in the national security interest
of the United States;
(B) the waiver will promote the reconstruction of,
the consolidation of democracy in, and the relations of
the United States with, Iraq; and
(C) Iraq continues to be a reliable ally of the
United States and partner in combating acts of
international terrorism.
[[Page 122 STAT. 344]]
(2) <<NOTE: Applicability.>> Temporal scope.--The authority
under paragraph (1) shall apply--
(A) with respect to any conduct or event occurring
before or on the date of the enactment of this Act;
(B) with respect to any conduct or event occurring
before or on the date of the exercise of that authority;
and
(C) regardless of whether, or the extent to which,
the exercise of that authority affects any action filed
before, on, or after the date of the exercise of that
authority or of the enactment of this Act.
(3) <<NOTE: President.>> Notification to congress.--A waiver
by the President under paragraph (1) shall cease to be effective
30 days after it is made unless the President has notified
Congress in writing of the basis for the waiver as determined by
the President under paragraph (1).
(4) Sense of congress.--It is the sense of the Congress that
the President, acting through the Secretary of State, should
work with the Government of Iraq on a state-to-state basis to
ensure compensation for any meritorious claims based on
terrorist acts committed by the Saddam Hussein regime against
individuals who were United States nationals or members of the
United States Armed Forces at the time of those terrorist acts
and whose claims cannot be addressed in courts in the United
States due to the exercise of the waiver authority under
paragraph (1).
(e) Severability.--If any provision of this section or the
amendments made by this section, or the application of such provision to
any person or circumstance, is held invalid, the remainder of this
section and such amendments, and the application of such provision to
other persons not similarly situated or to other circumstances, shall
not be affected by such invalidation.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
[[Page 122 STAT. 345]]
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General
Schedule pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL
COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES WORKING
OVERSEAS UNDER AREAS OF UNITED STATES CENTRAL COMMAND.
(a) Extension.--Section 1105 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3450), as
amended by section 1105 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2409), is amended--
(1) in subsection (a)--
(A) by striking ``and 2007'' and inserting ``, 2007,
and 2008''; and
(B) by striking ``Code).'' and inserting ``Code) or,
during 2008, a military operation (including a
contingency operation, as so defined) or an operation in
response to an emergency declared by the President.'';
and
(2) in subsection (b), by striking ``2007.'' and inserting
``2007 or 2008.''.
(b) Retroactive Effective Date.--The amendments made by subsection
(a) shall take effect as of December 31, 2007.
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL EMPLOYEES
CALLED TO ACTIVE DUTY.
Section 8706 of title 5, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) An employee who enters on approved leave without pay in the
circumstances described in paragraph (2) may elect to have such
employee's life insurance continue (beyond the end of the 12 months of
coverage provided for under subsection (a)) for an additional 12 months
and arrange to pay currently into the Employees' Life Insurance Fund,
through such employee's employing agency, both employee and agency
contributions, from the beginning of that additional 12 months of
coverage. The employing agency shall forward the premium payments to the
Fund. If the employee does not so elect, such employee's insurance will
continue during nonpay status and stop as provided by subsection (a). An
individual making an election under this subsection may cancel that
election at any time, in which case such employee's insurance will stop
as provided by subsection (a) or upon receipt of notice of cancellation,
whichever is later.
``(2) <<NOTE: Applicability.>> This subsection applies in the case
of any employee who--
``(A) is a member of a reserve component of the armed forces
called or ordered to active duty under a call or order that does
not specify a period of 30 days or less; and
``(B) enters on approved leave without pay to perform active
duty pursuant to such call or order.''.
[[Page 122 STAT. 346]]
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND PERSONAL
PROPERTY TO FORMER HOME FOLLOWING DEATH OF FEDERAL EMPLOYEE
WHERE DEATH RESULTED FROM DISEASE OR INJURY INCURRED IN THE
CENTRAL COMMAND AREA OF RESPONSIBILITY.
(a) In General.--Paragraph (2) of section 5742(b) of title 5, United
States Code, is amended to read as follows:
``(2) the expense of transporting his dependents, including
expenses of packing, crating, draying, and transporting
household effects and other personal property to his former home
or such other place as is determined by the head of the agency
concerned, if--
``(A) the employee died while performing official
duties outside the continental United States or in
transit thereto or therefrom; or
``(B) in the case of an employee who was a party to
a mandatory mobility agreement that was in effect when
the employee died--
``(i) the employee died in the circumstances
described in subparagraph (A); or
``(ii)(I) the employee died as a result of
disease or injury incurred while performing
official duties--
``(aa) in an overseas location that,
at the time such employee was performing
such official duties, was within the
area of responsibility of the Commander
of the United States Central Command;
and
``(bb) in direct support of or
directly related to a military
operation, including a contingency
operation (as defined in section 101(13)
of title 10) or an operation in response
to an emergency declared by the
President; and
``(II) the employee's dependents were residing
either outside the continental United States or
within the continental United States when the
employee died; and''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON
DEPLOYMENT TEMPORARY CHANGE OF STATION.
(a) Authority.--Subchapter II of chapter 57 of title 5, United
States Code, is amended by inserting after section 5737 the following:
``Sec. 5737a. Employees temporarily deployed in contingency operations
``(a) Definitions.--For purposes of this section--
``(1) the term `covered employee' means an individual who--
``(A) is an employee of an Executive agency or a
military department, excluding a Government controlled
corporation; and
``(B) is assigned on a temporary change of station
in support of a contingency operation;
``(2) the term `temporary change of station', as used with
respect to an employee, means an assignment--
[[Page 122 STAT. 347]]
``(A) from the employee's official duty station to a
temporary duty station; and
``(B) for which such employee is eligible for
expenses under section 5737; and
``(3) the term `contingency operation' has the meaning given
such term by section 1482a(c) of title 10.
``(b) Quarters and Rations.--The head of an agency may provide
quarters and rations, without charge, to any covered employee of such
agency during the period of such employee's temporary assignment (as
described in subsection (a)(1)(B)).
``(c) Storage of Motor Vehicle.--The head of an agency may provide
for the storage, without charge, or for the reimbursement of the cost of
storage, of a motor vehicle that is owned or leased by a covered
employee of such agency (or by a dependent of such an employee) and that
is for the personal use of the covered
employee. <<NOTE: Applicability.>> This subsection shall apply--
``(1) with respect to storage during the period of the
employee's temporary assignment (as described in subsection
(a)(1)(B)); and
``(2) in the case of a covered employee, with respect to not
more than one motor vehicle as of any given time.
``(d) Relationship to Other Benefits.--Any benefits under this
section shall be in addition to (and not in lieu of) any other benefits
for which the covered employee is otherwise eligible.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
such title is amended by inserting after the item relating to section
5737 the following:
``5737a. Employees temporarily deployed in contingency operations.''.
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.
(a) Death Gratuity Authorized.--Chapter 81 of title 5, United States
Code, is amended by inserting after section 8102 the following:
``Sec. 8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force
``(a) Death Gratuity Authorized.--The United States shall pay a
death gratuity of up to $100,000 to or for the survivor prescribed by
subsection (d) immediately upon receiving official notification of the
death of an employee who dies of injuries incurred in connection with
the employee's service with an Armed Force in a contingency operation.
``(b) Retroactive Payment in Certain Cases.--At the discretion of
the Secretary concerned, subsection (a) may apply in the case of an
employee who died, on or after October 7, 2001, and before the date of
enactment of this section, as a result of injuries incurred in
connection with the employee's service with an Armed Force in the
theater of operations of Operation Enduring Freedom or Operation Iraqi
Freedom.
``(c) Relationship to Other Benefits.--The death gratuity payable
under this section shall be reduced by the amount of any death gratuity
provided under section 413 of the Foreign Service Act of 1980, section
1603 of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006, or any other law of
the United States based on the same death.
``(d) Eligible Survivors.--
[[Page 122 STAT. 348]]
``(1) Subject to paragraph (5), a death gratuity payable
upon the death of a person covered by subsection (a) shall be
paid to or for the living survivor highest on the following
list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as prescribed by
paragraph (2), in equal shares.
``(C) If designated by the employee, any one or more
of the following persons:
``(i) The employee's parents or persons in
loco parentis, as prescribed by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in loco
parentis, as prescribed by paragraph (3), in equal
shares.
``(E) The employee's brothers and sisters in equal
shares.
Subparagraphs (C) and (E) of this paragraph include brothers and
sisters of the half blood and those through adoption.
``(2) Paragraph (1)(B) applies, without regard to age or
marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the decedent's
household at the time of death;
``(D) illegitimate children of a female decedent;
and
``(E) illegitimate children of a male decedent--
``(i) who have been acknowledged in writing
signed by the decedent;
``(ii) who have been judicially determined,
before the decedent's death, to be his children;
``(iii) who have been otherwise proved, by
evidence satisfactory to the employing agency, to
be children of the decedent; or
``(iv) to whose support the decedent had been
judicially ordered to contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1), so far as
they apply to parents and persons in loco parentis, include
fathers and mothers through adoption, and persons who stood in
loco parentis to the decedent for a period of not less than one
year at any time before the decedent became an employee.
However, only one father and one mother, or their counterparts
in loco parentis, 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
became an employee.
``(4) <<NOTE: Effective date.>> Beginning on the date of the
enactment of this paragraph, a person covered by this section
may designate another person to receive not more than 50 percent
of the amount payable under this section. The designation shall
indicate the percentage of the amount, to be specified only in
10 percent increments up to the maximum of 50 percent, that the
designated person may receive. The balance of the amount of the
death gratuity shall be paid to or for the living survivors of
the person concerned in accordance with subparagraphs (A)
through (E) of paragraph (1).
[[Page 122 STAT. 349]]
``(5) If a person entitled to all or a portion of a death
gratuity under paragraph (1) or (4) dies before the person
receives the death gratuity, it shall be paid to the living
survivor next in the order prescribed by paragraph (1).
``(e) Definitions.--(1) The term `contingency operation' has the
meaning given to that term in section 1482a(c) of title 10, United
States Code.
``(2) The term `employee' has the meaning provided in section 8101
of this title, but also includes a nonappropriated fund instrumentality
employee, as defined in section 1587(a)(1) of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item relating
to section 8102 the following:
``8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force.''.
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) In General.--Section 9902 of title 5, United States Code, is
amended to read as follows:
``Sec. 9902. Establishment of human resources management system
``(a) In General.--The Secretary may, in regulations prescribed
jointly with the Director, establish, and from time to time adjust, a
human resources management system for some or all of the organizational
or functional units of the Department of Defense. The human resources
management system established under authority of this section shall be
referred to as the `National Security Personnel System'.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and
fitness set forth in section 2301, including the
principles of hiring based on merit, fair treatment
without regard to political affiliation or other
nonmerit considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to
prohibited personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any
provision of law referred to in section 2302(b)(1), (8),
and (9) by--
``(I) providing for equal employment
opportunity through affirmative action; or
``(II) providing any right or remedy available
to any employee or applicant for employment in the
public service;
``(D) any other provision of this part (as described
in subsection (d)); or
``(E) any rule or regulation prescribed under any
provision of law referred to in this paragraph;
[[Page 122 STAT. 350]]
``(4) not apply to any prevailing rate employees, as defined
in section 5342(a)(2);
``(5) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established pursuant to law;
``(6) not be limited by any specific law or authority under
this title, or by any rule or regulation prescribed under this
title, that is waived in regulations prescribed under this
chapter, subject to paragraph (3); and
``(7) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set forth in
section 2301.
``(B) A fair, credible, and transparent employee
performance appraisal system.
``(C) A link between the performance management
system and the agency's strategic plan.
``(D) A means for ensuring employee involvement in
the design and implementation of the system.
``(E) Adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system.
``(F) A process for ensuring ongoing performance
feedback and dialogue between supervisors, managers, and
employees throughout the appraisal period, and setting
timetables for review.
``(G) Effective safeguards to ensure that the
management of the system is fair and equitable and based
on employee performance.
``(H) A means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the performance management system.
``(I) A pay-for-performance evaluation system to
better link individual pay to performance, and provide
an equitable method for appraising and compensating
employees.
``(c) Personnel Management at Defense Laboratories.--
``(1) <<NOTE: Applicability.>> The National Security
Personnel System shall not apply with respect to a laboratory
under paragraph (2) before October 1, 2011, and shall apply on
or after October 1, 2011, only to the extent that the Secretary
determines that the flexibilities provided by the National
Security Personnel System are greater than the flexibilities
provided to those laboratories pursuant to section 342 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2721) and section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note), respectively.
``(2) The laboratories to which this subsection applies
are--
``(A) the Aviation and Missile Research Development
and Engineering Center;
``(B) the Army Research Laboratory;
``(C) the Medical Research and Materiel Command;
``(D) the Engineer Research and Development Command;
``(E) the Communications-Electronics Command;
[[Page 122 STAT. 351]]
``(F) the Soldier and Biological Chemical Command;
``(G) the Naval Sea Systems Command Centers;
``(H) the Naval Research Laboratory;
``(I) the Office of Naval Research; and
``(J) the Air Force Research Laboratory.
``(d) Other Nonwaivable Provisions.--The other provisions of this
part referred to in subsection (b)(3)(D) are--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V thereof,
apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and 79,
and this chapter.
``(e) Limitations Relating to Pay.--
``(1) Nothing in this section shall constitute authority to
modify the pay of any employee who serves in an Executive
Schedule position under subchapter II of chapter 53.
``(2) Except as provided for in paragraph (1), the total
amount in a calendar year of allowances, differentials, bonuses,
awards, or other similar cash payments paid under this title to
any employee who is paid under section 5376 or 5383 or under
title 10 or under other comparable pay authority established for
payment of Department of Defense senior executive or equivalent
employees may not exceed the total annual compensation payable
to the Vice President under section 104 of title 3.
``(3) To the maximum extent practicable, the rates of
compensation for civilian employees at the Department of Defense
shall be adjusted at the same rate, and in the same proportion,
as are rates of compensation for members of the uniformed
services.
``(4) To the maximum extent practicable, for fiscal years
2004 through 2012, the overall amount allocated for compensation
of the civilian employees of an organizational or functional
unit of the Department of Defense that is included in the
National Security Personnel System shall not be less than the
amount that would have been allocated for compensation of such
employees for such fiscal year if they had not been converted to
the National Security Personnel System, based on, at a minimum--
``(A) the number and mix of employees in such
organizational or functional unit prior to the
conversion of such employees to the National Security
Personnel System; and
``(B) adjusted for normal step increases and rates
of promotion that would have been expected, had such
employees remained in their previous pay schedule.
``(5) To the maximum extent practicable, the regulations
implementing the National Security Personnel System shall
provide a formula for calculating the overall amount to be
allocated for fiscal years after fiscal year 2012 for
compensation of the civilian employees of an organization or
functional unit of the Department of Defense that is included in
the National Security Personnel System. The formula shall ensure
that in the aggregate, employees are not disadvantaged in terms
of the overall amount of pay available as a result of conversion
to the National Security Personnel System, while providing
flexibility to accommodate changes in the function of the
organization, changes in the mix of employees performing those
[[Page 122 STAT. 352]]
functions, and other changed circumstances that might impact pay
levels.
``(6) Amounts allocated for compensation of civilian
employees of the Department of Defense pursuant to paragraphs
(4) and (5) shall be available only for the purpose of providing
such compensation.
``(7) At the time of any annual adjustment to pay schedules
pursuant to section 5303, the rate of basic pay for each
employee of an organizational or functional unit of the
Department of Defense that is included in the National Security
Personnel System who receives a performance rating above
unacceptable or who does not have a current rating of record for
the most recently completed appraisal period shall be adjusted
by no less than 60 percent of the amount of such adjustment. The
balance of the amount that would have been available for an
annual adjustment under section 5303 shall be allocated to pay
pool funding, for the purpose of increasing rates of pay on the
basis of employee performance.
``(8) Each employee of an organizational or functional unit
of the Department of Defense that is included in the National
Security Personnel System who receives a performance rating
above unacceptable or who does not have a current rating of
record for the most recently completed appraisal period shall
receive--
``(A) locality-based comparability payments under
section 5304 and section 5304a in the same manner and to
the same extent as employees under the General Schedule;
or
``(B) the full measure of any other local market
supplement applicable to the employee if locality-based
comparability payments referred to in subparagraph (A)
are not generally applicable to the employee.
Nothing in this paragraph shall be construed to make locality-
based comparability payments or other local market supplements
payable to any category of employees or positions which were
ineligible for such payments or supplements (as the case may be)
as of the day before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004.
``(9) Any rate of pay established or adjusted in accordance
with the requirements of this section shall be non-negotiable,
but shall be subject to procedures and appropriate arrangements
of paragraphs (2) and (3) of section 7106(b), except that
nothing in this paragraph shall be construed to eliminate the
bargaining rights of any category of employees who were
authorized to negotiate rates of pay as of the day before the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2004.
``(f) Provisions Regarding National Level Bargaining.--
``(1) The Secretary may bargain with a labor organization
which has been accorded exclusive recognition under chapter 71
at an organizational level above the level of exclusive
recognition. The decision to bargain above the level of
exclusive recognition shall not be subject to review. The
Secretary shall consult with the labor organization before
determining the appropriate organizational level of bargaining.
``(2) Any such bargaining shall--
``(A) address issues that are--
[[Page 122 STAT. 353]]
``(i) subject to bargaining under chapter 71
and this chapter;
``(ii) applicable to multiple bargaining
units; and
``(iii) raised by either party to the
bargaining;
``(B) except as agreed by the parties or directed
through an independent dispute resolution process agreed
upon by the parties, be binding on all affected
subordinate bargaining units of the labor organization
at the level of recognition and their exclusive
representatives, and the Department of Defense and its
subcomponents, without regard to levels of recognition;
``(C) to the extent agreed by the parties or
directed through an independent dispute resolution
process agreed upon by the parties, supersede
conflicting provisions of all other collective
bargaining agreements of the labor organization,
including collective bargaining agreements negotiated
with an exclusive representative at the level of
recognition; and
``(D) except as agreed by the parties or directed
through an independent dispute resolution process agreed
upon by the parties, not be subject to further
negotiations for any purpose, including bargaining at
the level of recognition.
``(3) Any independent dispute resolution process agreed to
by the parties for the purposes of paragraph (2) shall have the
authority to address all issues on which the parties are unable
to reach agreement.
``(4) The National Guard Bureau and the Army and Air Force
National Guard may be included in coverage under this
subsection.
``(5) Any bargaining completed pursuant to this subsection
with a labor organization not otherwise having national
consultation rights with the Department of Defense or its
subcomponents shall not create any obligation on the Department
of Defense or its subcomponents to confer national consultation
rights on such a labor organization.
``(g) Provisions Related to Separation and Retirement Incentives.--
``(1) The Secretary may establish a program within the
Department of Defense under which employees may be eligible for
early retirement, offered separation incentive pay to separate
from service voluntarily, or both. This authority may be used to
reduce the number of personnel employed by the Department of
Defense or to restructure the workforce to meet mission
objectives without reducing the overall number of personnel.
This authority is in addition to, and notwithstanding, any other
authorities established by law or regulation for such programs.
``(2)(A) The Secretary may not authorize the payment of
voluntary separation incentive pay under paragraph (1) to more
than 25,000 employees in any fiscal year, except that employees
who receive voluntary separation incentive pay as a result of a
closure or realignment of a military installation under the
Defense Base Closure and Realignment Act of 1990 (title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) shall not be included
in that number.
``(B) <<NOTE: Reports.>> The Secretary shall prepare a
report each fiscal year setting forth the number of employees
who received such pay
[[Page 122 STAT. 354]]
as a result of a closure or realignment of a military base as
described under subparagraph (A).
``(C) The Secretary shall submit the report under
subparagraph (B) to the Committee on Armed Services and the
Committee on Governmental Affairs of the Senate, and the
Committee on Armed Services and the Committee on Government
Reform of the House of Representatives.
``(3) For purposes of this section, the term `employee'
means an employee of the Department of Defense, serving under an
appointment without time limitation, except that such term does
not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84, or another retirement system
for employees of the Federal Government;
``(B) an employee having a disability on the basis
of which such employee is or would be eligible for
disability retirement under any of the retirement
systems referred to in subparagraph (A); or
``(C) for purposes of eligibility for separation
incentives under this section, an employee who is in
receipt of a decision notice of involuntary separation
for misconduct or unacceptable performance.
``(4) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of
service, may, pursuant to regulations promulgated under this
section, apply and be retired from the Department of Defense and
receive benefits in accordance with chapter 83 or 84 if the
employee has been employed continuously within the Department of
Defense for more than 30 days before the date on which the
determination to conduct a reduction or restructuring within 1
or more Department of Defense components is approved.
``(5)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of --
``(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c), if
the employee were entitled to payment under such
section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type of
Government benefit. Separation pay shall not be taken into
account for the purpose of determining the amount of any
severance pay to which an individual may be entitled under
section 5595, based on any other separation.
``(C) Separation pay, if paid in installments, shall cease
to be paid upon the recipient's acceptance of employment by the
Federal Government, or commencement of work under a personal
services contract as described in paragraph (6).
``(6)(A) An employee who receives separation pay under such
program may not be reemployed by the Department of Defense for a
12-month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by the
Secretary on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation occurring on or after the
date of the enactment of the Federal Workforce Restructuring Act
of 1994 (Public Law 103-226; 108 Stat. 111) and accepts
[[Page 122 STAT. 355]]
employment with the Government of the United States, or who
commences work through a personal services contract with the
United States within 5 years after the date of the separation on
which payment of the separation pay is based, shall be required
to repay the entire amount of the separation pay to the
Department of Defense. If the employment is with an Executive
agency (as defined by section 105) other than the Department of
Defense, the Director may, at the request of the head of that
agency, waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available
for the position. If the employment is within the Department of
Defense, the Secretary may waive the repayment if the individual
involved is the only qualified applicant available for the
position. If the employment is with an entity in the legislative
branch, the head of the entity or the appointing official may
waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position. If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position.
``(7) Under this program, early retirement and separation
pay may be offered only pursuant to regulations established by
the Secretary, subject to such limitations or conditions as the
Secretary may require.
``(h) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an
annuitant receiving an annuity from the Civil Service Retirement
and Disability Fund becomes employed in a position within the
Department of Defense, his annuity shall continue. An annuitant
so reemployed shall not be considered an employee for purposes
of subchapter III of chapter 83 or chapter 84.
``(2)(A) An annuitant retired under section 8336(d)(1) or
8414(b)(1)(A) receiving an annuity from the Civil Service
Retirement and Disability Fund, who becomes employed in a
position within the Department of Defense after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136), may elect to be subject to
section 8344 or 8468 (as the case may be).
``(B) <<NOTE: Deadline.>> An election for coverage under
this paragraph shall be filed not later than the later of 90
days after the date the Department of Defense--
``(i) prescribes regulations to carry out this
subsection; or
``(ii) <<NOTE: Notification.>> takes reasonable
actions to notify employees who may file an election.
``(C) <<NOTE: Effective date.>> If an employee files an
election under this paragraph, coverage shall be effective
beginning on the first day of the first applicable pay period
beginning on or after the date of the filing of the election.
``(D) <<NOTE: Applicability.>> Paragraph (1) shall apply to
an individual who is eligible to file an election under
subparagraph (A) and does not file a timely election under
subparagraph (B).
``(3) <<NOTE: Regulations.>> The Secretary shall prescribe
regulations to carry out this subsection.
[[Page 122 STAT. 356]]
``(i) Additional Provisions Relating to Personnel Management.--
``(1) Subject to the requirements of chapter 71 and the
limitations in subsection (b)(3), the Secretary of Defense, in
establishing and implementing the National Security Personnel
System under subsection (a), shall not be limited by any
provision of this title or any rule or regulation prescribed
under this title in establishing and implementing regulations
relating to--
``(A) the methods of establishing qualification
requirements for, recruitment for, and appointments to
positions; and
``(B) the methods of assigning, reassigning,
detailing, transferring, or promoting employees.
``(2) In implementing this subsection, the Secretary shall
comply with the provisions of section 2302(b)(11), regarding
veterans' preference requirements, as provided for in subsection
(b)(3).
``(j) Phase-in.--The Secretary may not, in any calendar year, add
any organizational or functional unit to the National Security Personnel
System which would cause the total number of employees added to such
System in such year to exceed 100,000.''.
(b) Implementation.--
(1) <<NOTE: Regulations. Notification. Public comment.>> The
requirements of section 9902 of title 5, United States Code, as
amended by this section, may be implemented through rules
promulgated jointly by the Secretary of Defense and the Director
of the Office of Personnel Management after notice and
opportunity for public comment or through Department of Defense
rules or internal agency implementing issuances. Rules
promulgated jointly by the Secretary and the Director under this
paragraph shall be treated as major rules for the purposes of
section 801 of title 5, United States Code.
(2) Both rules and implementing issuances shall be subject
to collective bargaining consistent with the requirements of
chapter 71 of title 5, United States Code. Rules promulgated
jointly by the Secretary of Defense and the Director of the
Office of Personnel Management after notice and opportunity for
public comment and in accordance with the requirements of
section 801 of such title 5 for a major rule shall be treated in
the same manner as government-wide rules for the purpose of such
collective bargaining, if such rules are uniformly applicable to
all organizational or functional units included in the National
Security Personnel System.
(3) Any rules and implementing issuances that were adopted
prior to the date of the enactment of this Act--
(A) shall be invalid to the extent that they are
inconsistent with the requirements of section 9902 of
title 5, United States Code, as amended by this section;
(B) shall not supersede a collective bargaining
agreement that was in place prior to the date on which
the rule or implementing issuance was promulgated; and
(C) shall be subject to collective bargaining--
(i) in the case of rules which are uniformly
applicable to all organizational or functional
units included in the National Security Personnel
System and issued jointly by the Secretary of
Defense and the Director of the Office of
Personnel Management
[[Page 122 STAT. 357]]
pursuant to subsection 9902(f)(1) of title 5,
United States Code (as in effect prior to the
enactment of this section), only as to impact and
implementation, when applied to employees of the
Department of Defense from any bargaining unit;
(ii) in the case of any other rules or
implementing issuances, to the extent provided in
chapter 71 of title 5, United States Code.
(4) The availability of judicial review of any rules or
implementing issuances that were adopted prior to the date of
the enactment of this Act shall not be affected by the enactment
of this section.
(c) Comptroller General Reviews.--
(1) The Comptroller General shall conduct annual reviews in
calendar years 2008, 2009 and 2010 of--
(A) employee satisfaction with the National Security
Personnel System established pursuant to section 9902 of
title 5, United States Code, as amended by this section;
and
(B) the extent to which the Department of Defense
has effectively implemented accountability mechanisms,
including those established in section 9902(b)(7) of
title 5, United States Code, and internal safeguards for
the National Security Personnel System.
(2) To the extent that the Department of Defense undertakes
internal assessments or employee surveys to assess employee
satisfaction with the National Security Personnel System in any
such calendar year, the Comptroller General shall--
(A) determine whether such assessments or surveys
are appropriately designed and statistically valid; and
(B) provide an independent evaluation of the results
of such assessments or surveys.
(3) To the extent that the Department of Defense does not
undertake appropriately designed and statistically valid
employee surveys, the Comptroller General shall conduct such a
survey and provide an independent evaluation of the results.
(4) <<NOTE: Reports.>> The Comptroller General shall report
the results of each annual review conducted under this
subsection to the Committees on Armed Services of the Senate and
the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives.
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL
DEMONSTRATION PROJECT.
(a) Requirement.--The Secretary of Defense shall take all necessary
actions to fully implement and use the authorities provided to the
Secretary under section 342(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by
section 1114 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-315), to carry out personnel management demonstration
projects at Department of Defense laboratories that are exempted by
section 9902(c) of
[[Page 122 STAT. 358]]
title 5, United States Code, from inclusion in the Department of Defense
National Security Personnel System.
(b) Process for Full Implementation.-- <<NOTE: Plan.>> The Secretary
of Defense shall also implement a process and implementation plan to
fully utilize the authorities described in subsection (a) to enhance the
performance of the missions of the laboratories.
(c) Other Laboratories.--Any flexibility available to any
demonstration laboratory shall be available for use at any other
laboratory as enumerated in section 9902(c)(2) of title 5, United States
Code.
(d) Submission of List and Description.-- <<NOTE: Deadline.>> Not
later than March 1 of each year, beginning with March 1, 2008, the
Secretary of Defense shall submit to Congress a list and description of
the demonstration project notices, amendments, and changes requested by
the laboratories during the preceding calendar year. The list shall
include all approved and disapproved notices, amendments, and changes,
and the reasons for disapproval or delay in approval.
SEC. 1108. 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:
``(D) not more than a total of 10 scientific and
engineering positions in the Office of the Director of
Defense Research and Engineering;''.
SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF INFORMATION
TECHNOLOGY PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS.
(a) Assignment Authority.--The Secretary of Defense may, with the
agreement of the private sector organization and the Department of
Defense employee concerned, arrange for the temporary assignment of such
employee to such private sector organization under this section. An
employee shall be eligible for such an assignment only if--
(1) the employee--
(A) works in the field of information technology
management;
(B) is considered to be an exceptional employee;
(C) is expected to assume increased information
technology management responsibilities in the future;
(D) is compensated at not less than the GS-11 level
(or the equivalent); and
(E) is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in
the excepted service; and
(2) the proposed assignment meets applicable requirements of
section 209(b) of the E-Government Act of 2002 (44 U.S.C. 3501
note).
(b) Agreements.--The Secretary of Defense shall provide for a
written agreement between the Department of Defense and the
[[Page 122 STAT. 359]]
employee concerned regarding the terms and conditions of the employee's
assignment under this section. The agreement--
(1) shall require that, upon completion of the assignment,
the employee will serve in the civil service for a period equal
to the length of the assignment; and
(2) shall provide that if the employee fails to carry out
the agreement, such employee shall be liable to the United
States for payment of all expenses of the assignment, unless
that failure was for good and sufficient reason (as determined
by the Secretary of Defense).
An amount for which an employee is liable under paragraph (2) shall be
treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at any time
and for any reason, be terminated by the Department of Defense or the
private sector organization concerned.
(d) Duration.--An assignment under this section shall be for a
period of not less than 3 months and not more than 1 year, and may be
extended in 3-month increments for a total of not more than 1 additional
year; however, no assignment under this section may commence after
September 30, 2010.
(e) Considerations.--In carrying out this section, the Secretary of
Defense--
(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are to small business
concerns (as defined by section 3703(e)(2)(A) of title 5, United
States Code); and
(2) shall take into consideration the question of how
assignments under this section might best be used to help meet
the needs of the Department of Defense with respect to the
training of employees in information technology management.
(f) Numerical Limitation.--In no event may more than 10 employees be
participating in assignments under this section as of any given time.
(g) Reporting Requirement.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the potential benefits of a program
under which employees specializing in information technology may
be temporarily assigned from private sector organizations to the
Department of Defense.
(2) Contents.--The report shall include--
(A) a statement of findings and an explanation of
the bases for those findings;
(B) an assessment of the laws, rules, and processes
relating to the prevention of conflicts of interest and
abuse which would apply to private sector employees
during the period of their assignment to the Department
of Defense, and whether they need to be strengthened or
otherwise changed;
(C) mechanisms proposed for the governance and
oversight of the program; and
(D) recommendations for any legislation which may be
necessary.
[[Page 122 STAT. 360]]
SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN
TRAVEL HOURS.
Section 5544(a) of title 5, United States Code, is amended in clause
(iv) (in the third sentence following paragraph (3)), by striking
``administratively.'' and inserting ``administratively (including travel
by the employee to such event and the return of the employee from such
event to the employee's official duty station).''.
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.
(a) Eligibility for Compensatory Time Off for Travel.--Section
5550b(a) of title 5, United States Code, is amended by striking
``section 5542(b)(2),'' and inserting ``any provision of section
5542(b)(2) or 5544(a),''.
(b) Conforming Amendment.--Section 5541(2)(xi) of such title is
amended by striking ``section 5544'' and inserting ``section 5544 or
5550b''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the effective date of any regulations prescribed to
carry out such amendments; or
(2) the 90th day after the date of the enactment of this
Act.
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in the matter before subparagraph (A), by striking ``in
a position in--'' and inserting ``in--'';
(2) in subparagraphs (A) through (E), by inserting ``a
position in'' before ``the'';
(3) in subparagraph (D), by striking ``or'' at the end;
(4) in subparagraph (E), by striking the period and
inserting a semicolon; and
(5) by adding after subparagraph (E) the following:
``(F) a position to which section 5376 applies; or
``(G) a position designated under section 1607(a) of title
10 as an Intelligence Senior Level position.''.
SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.
Section 1593(b) of title 10, United States Code, is amended by
striking ``$400 per year.'' and inserting ``$400 per year (or such
higher maximum amount as the Secretary of Defense may by regulation
prescribe).''.
SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A
DEPARTMENT OF DEFENSE OR COAST GUARD NONAPPROPRIATED FUND
INSTRUMENTALITY POSITION TO A POSITION IN THE GENERAL
SCHEDULE PAY SYSTEM.
Section 5334(f) of title 5, United States Code, is amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the first sentence, by striking ``does not exceed''
and all that follows through ``2105(c).'' and inserting the
following: ``does not exceed--
``(A) if the highest previous rate of basic pay received by
that employee during the employee's service described in section
[[Page 122 STAT. 361]]
2105(c) is equal to a rate of the appropriate grade, such rate
of the appropriate grade;
``(B) if the employee's highest previous rate of basic pay
(as described in subparagraph (A)) is between two rates of the
appropriate grade, the higher of those two rates; or
``(C) if the employee's highest previous rate of basic pay
(as described in subparagraph (A)) exceeds the maximum rate of
the appropriate grade, the maximum rate of the appropriate
grade.''; and
(3) in the second sentence, by striking ``In the case of''
and inserting the following:
``(2) In the case of''.
SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN
AT A MILITARY SERVICE ACADEMY.
(a) Civil Service Retirement System.--Section 8331(13) of title 5,
United States Code, is amended by striking ``but'' and inserting ``and
includes service as a cadet at the United States Military Academy, the
United States Air Force Academy, or the United States Coast Guard
Academy, or as a midshipman at the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31) of such
title is amended by striking ``but'' and inserting ``and includes
service as a cadet at the United States Military Academy, the United
States Air Force Academy, or the United States Coast Guard Academy, or
as a midshipman at the United States Naval Academy, but''.
(c) Applicability.--The amendments made by this section shall apply
to--
(1) any annuity, eligibility for which is based upon a
separation occurring before, on, or after the date of enactment
of this Act; and
(2) any period of service as a cadet at the United States
Military Academy, the United States Air Force Academy, or the
United States Coast Guard Academy, or as a midshipman at the
United States Naval Academy, occurring before, on, or after the
date of enactment of this Act.
SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND
STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
Section 2113(c) of title 10, United States Code, as redesignated by
section 954(a)(3) of this Act, is amended--
(1) in paragraph (1)--
(A) by inserting ``(after due consideration by the
Secretary)'' before ``so as''; and
(B) by striking ``within the vicinity of the
District of Columbia'' and inserting ``identified by the
Secretary for purposes of this paragraph''; and
(2) in paragraph (4)--
(A) by striking ``section 5373'' and inserting
``sections 5307 and 5373''; and
(B) by adding at the end the following new sentence:
``In no event may the total amount of compensation paid
to an employee under paragraph (1) in any year
(including salary, allowances, differentials, bonuses,
awards, and other similar cash payments) exceed the
total amount of
[[Page 122 STAT. 362]]
annual compensation (excluding expenses) specified in
section 102 of title 3.''.
SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM FOR CIVILIAN
MENTAL HEALTH PROFESSIONALS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Assistant Secretary of Defense for Health Affairs and each of
the Surgeons General of the Armed Forces, submit to Congress a report on
the feasibility and advisability of establishing a scholarship program
for civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship program that
provides certain educational funding to students seeking a
career in mental health services in exchange for service in the
Department of Defense.
(2) An assessment of current scholarship programs which may
be expanded to include mental health professionals.
(3) Recommendations regarding the establishment or expansion
of scholarship programs for mental health professionals.
(4) A plan to implement, or reasons for not implementing,
recommendations that will increase mental health staffing across
the Department of Defense.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
[[Page 122 STAT. 363]]
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
Subtitle A--Assistance and Training
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
Section 168(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(9) The assignment of personnel described in paragraph (3)
or (4) on a non-reciprocal basis if the Secretary of Defense
determines that such an assignment, rather than an exchange of
personnel, is in the interests of the United States.''.
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.
(a) Modification of Reporting Requirement.--Subsection (f) of
section 1208 of the Ronald W. Reagan National Defense
[[Page 122 STAT. 364]]
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2086-2087) is amended to read as follows:
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days after the
close of each fiscal year during which subsection (a) is in
effect, the Secretary of Defense shall submit to the
congressional defense committees a report on support provided
under that subsection during that fiscal year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall describe the support provided, including--
``(A) the country involved in the activity, the
individual or force receiving the support, and, to the
maximum extent practicable, the specific region of each
country involved in the activity;
``(B) the respective dates and a summary of
congressional notifications for each activity;
``(C) the unified commander for each activity, as
well as the related objectives, as established by that
commander;
``(D) the total amount obligated to provide the
support;
``(E) for each activity that amounts to more than
$500,000, specific budget details that explain the
overall funding level for that activity; and
``(F) a statement providing a brief assessment of
the outcome of the support, including specific
indications of how the support furthered the mission
objective of special operations forces and the types of
follow-on support, if any, that may be necessary.''.
(b) Annual Limitation.--Subsection (g) of such section is amended--
(1) in the heading, by striking ``Fiscal Year 2005'' and
inserting ``Annual''; and
(2) by striking ``fiscal year 2005'' and inserting ``each
fiscal year during which subsection (a) is in effect''.
(c) Extension of Period of Authority.--Subsection (h) of such
section is amended by striking ``2007'' and inserting ``2010''.
SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES FOR LIAISON
OFFICERS OF CERTAIN FOREIGN NATIONS.
(a) Authority.--Subsection (a) of section 1051a of title 10, United
States Code, is amended--
(1) by striking ``involved in a coalition'' and inserting
``involved in a military operation''; and
(2) by striking ``coalition operation'' and inserting
``military operation''.
(b) Medical Care and Temporary Duty Travel Expenses.--Subsection (b)
of such section is amended--
(1) in the heading, by striking ``and Subsistence''
inserting ``, Subsistence, and Medical Care'';
(2) in paragraph (2), by adding at the end the following:
``(C) Expenses for medical care at a civilian medical
facility if--
``(i) adequate medical care is not available to the
liaison officer at a local military medical treatment
facility;
``(ii) the Secretary determines that payment of such
medical expenses is necessary and in the best interests
of the United States; and
[[Page 122 STAT. 365]]
``(iii) medical care is not otherwise available to
the liaison officer pursuant to any treaty or other
international agreement.''; and
(3) by adding at the end the following:
``(3) The Secretary may pay the mission-related travel
expenses of a liaison officer described in subsection (a) if
such travel is in support of the national interests of the
United States and the commander of the headquarters to which the
liaison officer is temporarily assigned directs round-trip
travel from the assigned headquarters to one or more
locations.''.
(c) Definition.--Subsection (d) of such section is amended--
(1) by striking ``(d) Definitions.--'' and all that follows
through ``(1) The term'' and inserting ``(d) Definition.--In
this section, the term''; and
(2) by striking paragraph (2).
(d) Expiration of Authority.--Such section is further amended by
striking subsection (e).
(e) Conforming and Clerical Amendments.--(1) The heading for such
section is amended to read as follows:
``Sec. 1051a. Liaison officers of certain foreign nations;
administrative services and support; travel,
subsistence, medical care, and other personal
expenses''.
(2) The table of sections at the beginning of chapter 53 of title
10, United States Code, is amended by striking the item relating to
section 1051a and inserting the following:
``1051a. Liaison officers of certain foreign nations; administrative
services and support; travel, subsistence, medical care, and
other personal expenses.''.
SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) Extension of Authority.--Subsection (a) of section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 1202 Stat. 2416) is amended by striking ``fiscal
year 2007'' and inserting ``fiscal years 2007 and 2008''.
(b) Limitation on Amounts Available for Participation.--Subsection
(e) of such section is amended by striking paragraph (2) and inserting
the following new paragraph:
``(2) Limitation on amount.--The amount available under
paragraph (1)(A) for the expenses referred to in that paragraph
may not exceed--
``(A) in fiscal year 2007, $3,000,000; and
``(B) in fiscal year 2008, $5,000,000.''.
(c) Reports.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``and October 31, 2008,'' after
``October 31, 2007,''; and
(B) by striking ``fiscal year 2007'' and inserting
``fiscal years 2007 and 2008''; and
(2) in paragraph (2)(A), by striking ``during fiscal year
2007'' and inserting ``during the preceding fiscal year''.
[[Page 122 STAT. 366]]
SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3455-3456) is amended--
(1) in the heading, by striking ``Fiscal Years 2006 and
2007'' and inserting ``Fiscal Years 2008 and 2009''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''; and
(B) by striking ``$500,000,000'' and inserting
``$977,441,000''.
(b) Quarterly Reports.--Subsection (b) of such section is amended by
striking ``fiscal years 2006 and 2007'' and inserting ``fiscal years
2008 and 2009''.
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER
CORPS.
(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, is authorized during fiscal year 2008 to provide
assistance to enhance the ability of the Pakistan Frontier Corps to
conduct counterterrorism operations along the border between Pakistan
and Afghanistan.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, and training.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within
Pakistan.
(c) Limitations.--
(1) Funding limitation.--The Secretary of Defense may use up
to $75,000,000 of funds available to the Department of Defense
for operation and maintenance for fiscal year 2008 to provide
the assistance under subsection (a).
(2) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in subsection (b) that
is otherwise prohibited by any provision of law.
(d) Congressional Notification.--
(1) In general.-- <<NOTE: Deadline.>> Not less than 15 days
before providing assistance under subsection (a), the Secretary
of Defense shall submit to the congressional committees
specified in paragraph (2) a notice of the following:
(A) The budget, types of assistance, and completion
date for providing the assistance under subsection (a).
(B) The source and planned expenditure of funds for
the assistance under subsection (a).
(2) Specified congressional committees.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate.
[[Page 122 STAT. 367]]
(B) The Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN
ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing
United States Government personnel
``(a) In General.--The Secretary of Defense may provide assistance
to any foreign nation to assist the Department of Defense with recovery
of and accounting for missing United States Government 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) Approval by Secretary of State.--Assistance may not be
provided under this section to any foreign nation unless the Secretary
of State specifically approves the provision of such assistance.
``(d) Limitation.--The amount of assistance provided under this
section in any fiscal year may not exceed $1,000,000.
``(e) Construction With Other Assistance.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to foreign nations under law.
``(f) Annual Reports.--(1) Not later than 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 listing of each foreign nation provided assistance
under this section.
``(B) For each nation so provided assistance, a description
of the type and amount of such 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
Government personnel.''.
SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON
MARITIME SHIPPING TO FOREIGN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
(a) Authority To Provide Data.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the Secretary of a
military department or a commander of a combatant command to exchange or
furnish automatic identification system data broadcast by merchant or
private ships and collected by the United States to a foreign country or
international organization
[[Page 122 STAT. 368]]
pursuant to an agreement for the exchange or production of such data.
Such data may be transferred pursuant to this section without cost to
the recipient country or international organization.
(b) Definitions.--In this section:
(1) Automatic identification system.--The term ``automatic
identification system'' means a system that is used to satisfy
the requirements of the Automatic Identification System under
the International Convention for the Safety of Life at Sea,
signed at London on November 1, 1974 (TIAS 9700).
(2) Geographic combatant commander.--The term ``commander of
a combatant command'' means a commander of a combatant command
(as such term is defined in section 161(c) of title 10, United
States Code) with a geographic area of responsibility.
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY
THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that specifies, on a
country-by-country basis, each foreign-assistance related program
carried out by the Department of Defense during the prior fiscal year
under the authorities described in subsection (b).
(b) Matters To Be Included.--The report required under subsection
(a) shall include--
(1) a description of the dollar amount, type of support, and
purpose of each foreign-assistance related program carried out
by the Department of Defense under--
(A) section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3456), relating to authority to build the
capacity of foreign military forces;
(B) section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3458), relating to authority to provide
security and stabilization assistance to foreign
countries;
(C) section 1208 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3459), relating to authority to reimburse
certain coalition nations for support provided to United
States military operations;
(D) section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881), relating to authority to provide
additional support for counter-drug activities of Peru
and Colombia;
(E) section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 374 note), relating to additional support
for counter-drug activities;
(F) section 127d of title 10, United States Code,
relating to authority to provide logistic support,
supplies, and services to allied forces participating in
a combined operation with the Armed Forces;
(G) section 2249c of title 10, United States Code,
relating to authority to use appropriated funds for
costs associated with education and training of foreign
officials
[[Page 122 STAT. 369]]
under the Regional Defense Combating Terrorism
Fellowship Program; and
(H) section 2561 of title 10, United States Code,
relating to authority to provide humanitarian
assistance; and
(2) a description of each foreign-assistance related program
that the Department of Defense undertakes or implements on
behalf of any other department or agency of the United States
Government, including programs under the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
(a) Program for Assistance.--Section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3458) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(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).''.
(b) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (a) of this section, is amended by striking
``September 30, 2007'' and inserting ``September 30, 2008''.
SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE
OPERATIONS INITIATIVE.
(a) Report Required.--Not later than June 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
[[Page 122 STAT. 370]]
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
[[Page 122 STAT. 371]]
(B) ensuring that individuals and units trained as
part of the Initiative are regularly participating in
peace operations.
(c) Form.--To the maximum extent practicable, the report required
under subsection (a) shall be submitted in unclassified form, but may
include a classified annex, if necessary.
SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE
AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.
(a) Repeal of Limitations.--Section 2007 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is repealed.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking ``sections 5
and 7'' and inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007''
and inserting ``section 2005'';
(B) in subsection (b)--
(i) in the heading, by striking ``sections 5
and 7'' and inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007''
and inserting ``section 2005'';
(C) in subsection (c)(2)(A), by striking ``sections
2005 and 2007'' and inserting ``section 2005'';
(D) in subsection (d), by striking ``sections 2005
and 2007'' and inserting ``section 2005''; and
(E) in subsection (e), by striking ``2006, and
2007'' and inserting ``and 2006''; and
(2) in section 2013 (22 U.S.C. 7432), by striking paragraph
(13).
Subtitle B--Matters Relating to Iraq and Afghanistan
SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE OF THE
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.
(a) Purposes.--Subsection (a)(1) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234-1238;
5 U.S.C. App., note to section 8G of Public Law 95-452) is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting
``for the reconstruction of Iraq''.
(b) Assistant Inspectors General.--Subsection (d)(1) of such section
is amended by striking ``the Iraq Relief and Reconstruction Fund'' and
inserting ``amounts appropriated or otherwise made available for the
reconstruction of Iraq''.
(c) Supervision.--Subsection (e)(2) of such section is amended by
striking ``the Iraq Relief and Reconstruction Fund'' and inserting
``amounts appropriated or otherwise made available for the
reconstruction of Iraq''.
[[Page 122 STAT. 372]]
(d) Duties.--Subsection (f)(1) of such section is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting
``for the reconstruction of Iraq''.
(e) Personnel, Facilities, and Other Resources.--Subsection (h) of
such section is amended--
(1) in paragraph (1), by inserting after ``pay rates'' the
following: ``, and may exercise the authorities of subsections
(b) through (i) of section 3161 of title 5, United States Code
(without regard to subsection (a) of such section)''; and
(2) in paragraph (3), by striking ``my enter'' and inserting
``may enter''.
(f) Reports.--Subsection (i) of such section is amended by striking
``to the Iraq Relief and Reconstruction Fund'' each place it appears and
inserting ``for the reconstruction of Iraq''.
(g) Definitions.--Subsection (m) of such section is amended--
(1) in the heading, by striking ``Appropriate Committees of
Congress Defined'' and inserting ``Definitions'';
(2) by striking ``In this section, the term'' and inserting
the following: ``In this section--
``(1) the term'';
(3) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(4) in paragraph (1)(B) (as redesignated by paragraph (3) of
this subsection), by striking ``and International Relations''
and inserting ``Foreign Affairs, and Oversight and Government
Reform'';
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(2) the term `amounts appropriated or otherwise made
available for the reconstruction of Iraq' means amounts
appropriated or otherwise made available for any fiscal year--
``(A) to the Iraq Relief and Reconstruction Fund,
the Iraq Security Forces Fund, and the Commanders'
Emergency Response Program authorized under section 1202
of the National Defense Authorization for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3455-3456); or
``(B) for assistance for the reconstruction of Iraq
under--
``(i) the Economic Support Fund authorized
under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
``(ii) the International Narcotics Control and
Law Enforcement account authorized under section
481 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291); or
``(iii) any other provision of law.''.
(h) Termination Date.--Subsection (o) of such section is amended--
(1) in paragraph (1), to read as follows:
``(1) The Office of the Inspector General shall terminate 180 days
after the date on which amounts appropriated or otherwise made available
for the reconstruction of Iraq that are unexpended are less than
$250,000,000.''; and
(2) in paragraph (2)--
(A) by striking ``funds deemed to be''; and
[[Page 122 STAT. 373]]
(B) by striking ``to the Iraq Relief and
Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appropriations
in this Act may be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN
IRAQ.
(a) Report.--
(1) In general.--Subsection (c) of section 1227 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) is amended--
(A) in paragraph (2), by striking ``Iraq.'' and
inserting the following: ``Iraq, including--
``(A) enacting a broadly-accepted hydrocarbon law
that equitably shares revenue among all Iraqis;
``(B) adopting laws necessary for the conduct of
provincial and local elections, taking steps to
implement such laws, and setting a schedule to conduct
provincial and local elections;
``(C) reforming current laws governing the de-
Baathification process in a manner that encourages
national reconciliation;
``(D) amending the Constitution of Iraq in a manner
that encourages national reconciliation;
``(E) allocating and beginning expenditure of $10
billion in Iraqi revenues for reconstruction projects,
including delivery of essential services, and
implementing such reconstruction projects on an
equitable basis; and
``(F) making significant efforts to plan and
implement disarmament, demobilization, and reintegration
programs relating to Iraqi militias.'';
(B) by striking paragraph (3) and inserting the
following:
``(3) A detailed description of the Joint Campaign Plan, or
any subsequent revisions, updates, or documents that replace or
supersede the Joint Campaign Plan, including goals, phases, or
other milestones contained in the Joint Campaign Plan.
Specifically, the description shall include the following:
``(A) An explanation of conditions required to move
through phases of the Joint Campaign Plan, in particular
those conditions that must be met in order to provide
for the transition of additional security responsibility
to the Iraqi Security Forces, and the measurements used
to determine progress.
``(B) An assessment of which conditions in the Joint
Campaign Plan have been achieved and which conditions
have not been achieved. The assessment of those
conditions
[[Page 122 STAT. 374]]
that have not been achieved shall include a discussion
of the factors that have precluded progress.
``(C) A description of any companion or equivalent
plan of the Government of Iraq used to measure progress
for Iraqi Security Forces undertaking joint operations
with Coalition Forces.''; and
(C) by adding at the end the following:
``(7) An assessment of the levels of United States Armed
Forces required in Iraq for the six-month period following the
date of the report, the missions to be undertaken by the Armed
Forces in Iraq for such period, and the incremental costs or
savings of any proposed changes to such levels or missions.
``(8) A description of the range of conditions that could
prompt changes to the levels of United States Armed Forces
required in Iraq for the six-month period following the date of
the report or the missions to be undertaken by the Armed Forces
in Iraq for such period, including the status of planning for
such changes to the levels or missions of the Armed Forces in
Iraq.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to each report required to be submitted
to Congress under section 1227(c) of the National Defense
Authorization Act for Fiscal Year 2006 on or after the date of
the enactment of this Act.
(b) Congressional Briefings Required.--Such section is further
amended by adding at the end the following:
``(d) Congressional Briefings Required. <<NOTE: Deadlines.>> --Not
later than 30 days after the submission of the first report under
subsection (c) on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall meet with the
congressional defense committees to brief such committees on the matters
described in paragraphs (7) and (8) of subsection (c) contained in the
report. Not later than 30 days after the submission of each subsequent
report under subsection (c), appropriate senior officials of the
Department of Defense shall meet with the congressional defense
committees to brief such committees on the matters described in
paragraphs (7) and (8) of subsection (c) contained in the report.''.
SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE INDICATORS AND
MEASURES FOR PROGRESS TOWARD MILITARY AND POLITICAL
STABILITY IN IRAQ.
(a) Report.--Section 9010(c) of the Department of Defense
Appropriations Act, 2007 (division A of Public Law 109-289; 120 Stat.
1307) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``and trends'' and inserting
``trends''; and
(B) by adding at the end before the period the
following: ``, and progress made in the transition of
responsibility for the security of Iraqi provinces to
the Iraqi Security Forces under the Provincial Iraqi
Control (PIC) process''; and
(2) in paragraph (2)--
[[Page 122 STAT. 375]]
(A) in subparagraph (C)(i), by adding at the end
before the semicolon the following: ``, without any
support from Coalition Forces'';
(B) by redesignating subparagraphs (D) through (J)
as subparagraphs (F) through (L), respectively;
(C) by inserting after subparagraph (C) the
following:
``(D) The amount and type of support provided by
Coalition Forces to the Iraqi Security Forces at each
level of operational readiness.
``(E) The number of Iraqi battalions in the Iraqi
Army currently conducting operations and the type of
operations being conducted.'';
(D) by redesignating subparagraphs (H) through (L)
(as redesignated by subparagraph (B) of this paragraph)
as subparagraphs (I) through (M), respectively;
(E) by inserting after subparagraph (G) (as
redesignated by subparagraph (B) of this paragraph) the
following:
``(H) The level and effectiveness of the Iraqi
Security Forces under the Ministry of Defense in
provinces where the United States has formally
transferred responsibility for the security of the
province to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.''; and
(F) in subparagraph (I) (as redesignated by
subparagraphs (B) and (D) of this paragraph)--
(i) in clause (iv), by striking ``and'' at the
end;
(ii) in clause (v), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) the level and effectiveness of the
Iraqi Police and other Ministry of Interior Forces
in provinces where the United States has formally
transferred responsibility for the security of the
province to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.''.
(b) <<NOTE: Applicability.>> Effective Date.--The amendments made by
subsection (a) shall apply with respect to each report required to be
submitted to Congress under section 9010 of the Department of Defense
Appropriations Act, 2007 on or after the date of the enactment of this
Act.
SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION
FORCES IN IRAQ.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit to the congressional defense committees a report describing
and assessing in detail--
(1) any support or direction provided to anti-coalition
forces in Iraq by the Government of Iran or its agents;
(2) the strategy and ambitions in Iraq of the Government of
Iran; and
(3) any strategy or efforts by the United States Government
to counter the activities of agents of the Government of Iran in
Iraq.
(b) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, to the maximum extent practicable, but
may contain a classified annex, if necessary.
[[Page 122 STAT. 376]]
(c) Termination.--The requirement to submit reports under subsection
(a) shall terminate on the date on which the Secretary of Defense, in
coordination with the Director of National Intelligence, submits to the
congressional defense committees a certification in writing that the
Government of Iran has ceased to provide military support to anti-
coalition forces that conduct attacks against coalition forces in Iraq.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize or otherwise speak to the use of the Armed Forces
against Iran.
SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED STATE IN
IRAQ.
It is the sense of Congress that--
(1) a failed state in Iraq will have a negative impact on
the Middle East and United States interests in the region; and
(2) the United States should pursue strategies to prevent a
failed state in Iraq or to contain the negative effects of a
failed state in Iraq.
SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.
It is the sense of Congress that--
(1) policies supported by the United States in the pursuit
of a political settlement in Iraq should be consistent with the
wishes of the Iraqi people and should not violate the
sovereignty of the nation of Iraq;
(2) if the Iraqi people support a political settlement in
Iraq based on the final provisions of the Constitution of Iraq
that create a federal system of government and allow for the
creation of federal regions, consistent with the wishes of the
Iraqi people and their elected leaders, the United States should
actively support such a political settlement in Iraq;
(3) the active support referred to in paragraph (2) should
include--
(A) calling on the international community,
including countries with troops in Iraq, the permanent 5
members of the United Nations Security Council, members
of the Gulf Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political settlement
based on federalism;
(ii) to acknowledge the sovereignty and
territorial integrity of Iraq; and
(iii) to fulfill commitments for the urgent
delivery of significant assistance and debt relief
to Iraq, especially those made by the member
states of the Gulf Cooperation Council; and
(B) convening a conference for Iraqis to reach an
agreement on a comprehensive political settlement based
on the federalism law approved by the Iraqi Parliament
on October 11, 2006;
(4) the United States should urge the Government of Iraq to
quickly agree upon and implement a law providing for the
equitable distribution of oil revenues, which is a critical
component of a comprehensive political settlement in Iraq,
including a potential settlement based upon federalism;
[[Page 122 STAT. 377]]
(5) the steps described in paragraphs (2), (3), and (4)
could lead to an Iraq that is stable, not a haven for
terrorists, and not a threat to its neighbors;
(6) in pursuit of a political settlement in Iraq, whether
based on federalism or not, the United States should call on
Iraq's neighbors to pledge not to militarily intervene in or
destabilize Iraq; and
(7) nothing in this Act should be construed in any way to
infringe on the sovereign rights of the nation of Iraq or to
imply that the United States wishes to impose a political
settlement in Iraq based on federalism if such a political
settlement is contrary to the wishes of the Iraqi people.
SEC. 1228. <<NOTE: President.>> TRACKING AND MONITORING OF DEFENSE
ARTICLES PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER
INDIVIDUALS AND GROUPS IN IRAQ.
(a) Export and Transfer Control Policy.--The President shall
implement a policy to control the export and transfer of defense
articles into Iraq, including implementation of the registration and
monitoring system under subsection (c).
(b) Requirement to Implement Control System.--
<<NOTE: Certification.>> No defense articles may be provided to the
Government of Iraq or any other group, organization, citizen, or
resident of Iraq until the President certifies to the specified
congressional committees that a registration and monitoring system
meeting the requirements set forth in subsection (c) has been
established.
(c) Registration and Monitoring System.--The registration and
monitoring system required under this subsection shall include--
(1) the registration of the serial numbers of all small arms
to be provided to the Government of Iraq or to other groups,
organizations, citizens, or residents of Iraq;
(2) a program of end-use monitoring of all lethal defense
articles provided to such entities or individuals; and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under the Iraq
Security Forces Fund or any other security assistance program to
such entities or individuals.
(d) Review; Exemption.--
(1) Review.--The President shall periodically review the
items subject to the registration and monitoring requirements
under subsection (c) to determine what items, if any, should no
longer be subject to such registration and monitoring
requirements. The President shall transmit to the specified
congressional committees the results of each review conducted
under this paragraph.
(2) Exemption.-- <<NOTE: Notification.>> The President may
exempt an item from the registration and monitoring requirements
under subsection (c) beginning on the date that is 30 days after
the date on which the President provides notice of the proposed
exemption to the specified congressional committees in
accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1(a)). Such notice shall describe
any controls to be imposed on such item under any other
provision of law.
(e) Definitions.--In this section:
[[Page 122 STAT. 378]]
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and including .50
caliber machine guns;
(D) recoilless rifles up to and including 106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder fired; and
(H) individually-operated weapons which are portable
or can be fired without special mounts or firing devices
and which have potential use in civil disturbances and
are vulnerable to theft.
(3) Specified congressional committees.--The term
``specified congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect 180 days after the date of the
enactment of this Act.
(2) <<NOTE: President. Certification.>> Exception.--The
President may delay the effective date of this section by an
additional period of up to 90 days if the President certifies in
writing to the specified congressional committees for such
additional period that it is in the vital interest of the United
States to do so and includes in the certification a description
of such vital interest.
SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct and
supervision of audits and investigations relating to the
programs and operations funded with amounts appropriated or
otherwise made available for the reconstruction of Afghanistan.
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to--
(A) promote economy efficiency, and effectiveness in
the administration of the programs and operations
described in paragraph (1); and
(B) prevent and detect waste, fraud, and abuse in
such programs and operations.
(3) To provide for an independent and objective means of
keeping the Secretary of State and the Secretary of Defense
fully and currently informed about problems and deficiencies
relating to the administration of such programs and operations
and the necessity for and progress on corrective action.
[[Page 122 STAT. 379]]
(b) <<NOTE: Establishment.>> Office of Inspector General.--There is
hereby established the Office of the Special Inspector General for
Afghanistan Reconstruction to carry out the purposes of subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) <<NOTE: President.>> Appointment.--The head of the
Office of the Special Inspector General for Afghanistan
Reconstruction is the Special Inspector General for Afghanistan
Reconstruction (in this section referred to as the ``Inspector
General''), who shall be appointed by the President. The
President may appoint the Special Inspector General for Iraq
Reconstruction to serve as the Special Inspector General for
Afghanistan Reconstruction, in which case the Special Inspector
General for Iraq Reconstruction shall have all of the duties,
responsibilities, and authorities set forth under this section
with respect to such appointed position for the purpose of
carrying out this section.
(2) Qualifications.--The appointment of the Inspector
General shall be made solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(3) Deadline for appointment.--The appointment of an
individual as Inspector General shall be made not later than 30
days after the date of the enactment of this Act.
(4) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay provided
for positions at level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) <<NOTE: Appointments.>> Assistant Inspectors General.--The
Inspector General shall, in accordance with applicable laws and
regulations governing the civil service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations
supported by amounts appropriated or otherwise made available
for the reconstruction of Afghanistan; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for supervising
the performance of investigative activities relating to such
programs and operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of State and the Secretary
of Defense.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Defense, the Department of State,
or the United States Agency for International Development shall
prevent or prohibit the Inspector General
[[Page 122 STAT. 380]]
from initiating, carrying out, or completing any audit or
investigation related to amounts appropriated or otherwise made
available for the reconstruction of Afghanistan or from issuing
any subpoena during the course of any such audit or
investigation.
(f) Duties.--
(1) Oversight of afghanistan reconstruction.--It shall be
the duty of the Inspector General to conduct, supervise, and
coordinate audits and investigations of the treatment, handling,
and expenditure of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan, and of the
programs, operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of reconstruction
activities funded by such funds;
(C) the monitoring and review of contracts funded by
such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
departments, agencies, and entities of the United States
and private and nongovernmental entities;
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such fund;
(F) the monitoring and review of the effectiveness
of United States coordination with the Government of
Afghanistan and other donor countries in the
implementation of the Afghanistan Compact and the
Afghanistan National Development Strategy; and
(G) the investigation of overpayments such as
duplicate payments or duplicate billing and any
potential unethical or illegal actions of Federal
employees, contractors, or affiliated entities and the
referral of such reports, as necessary, to the
Department of Justice to ensure further investigations,
prosecutions, recovery of further funds, or other
remedies.
(2) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to discharge the duties under paragraph (1).
(3) Duties and responsibilities under inspector general act
of 1978.--In addition to the duties specified in paragraphs (1)
and (2), the Inspector General shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978.
(4) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Inspector General under
this section, the Inspector General shall coordinate with, and
receive the cooperation of each of the following:
(A) The Inspector General of the Department of
Defense.
(B) The Inspector General of the Department of
State.
(C) The Inspector General of the United States
Agency for International Development.
(g) Powers and Authorities.--
[[Page 122 STAT. 381]]
(1) Authorities under inspector general act of 1978.--In
carrying out the duties specified in subsection (f), the
Inspector General shall have the authorities provided in section
6 of the Inspector General Act of 1978, including the
authorities under subsection (e) of such section.
(2) Audit standards.--The Inspector General shall carry out
the duties specified in subsection (f)(1) in accordance with
section 4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select, appoint,
and employ such officers and employees as may be necessary for
carrying out the duties of the Inspector General, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) Contracting authority.--To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services
with public agencies and with private persons, and make such
payments as may be necessary to carry out the duties of the
Inspector General.
(4) Resources.--The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Inspector General
with appropriate and adequate office space at appropriate
locations of the Department of State or the Department of
Defense, as the case may be, in Afghanistan, together with such
equipment, office supplies, and communications facilities and
services as may be necessary for the operation of such offices,
and shall provide necessary maintenance services for such
offices and the equipment and facilities located therein.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector
General for information or assistance from any
department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing
law, furnish such information or assistance to the
Inspector General, or an authorized designee.
(B) Reporting of refused assistance.--Whenever
information or assistance requested by the Inspector
General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector
General shall report the circumstances to the Secretary
of State or the Secretary of Defense, as appropriate,
and to the appropriate congressional committees without
delay.
(6) Use of personnel, facilities, and other resources of the
office of the special inspector general for iraq
reconstruction.--Upon the request of the Inspector General, the
Special Inspector General for Iraq Reconstruction--
[[Page 122 STAT. 382]]
(A) may detail, on a reimbursable basis, any of the
personnel of the Office of the Special Inspector General
for Iraq Reconstruction to the Office of the Inspector
General for Afghanistan Reconstruction for the purpose
of carrying out this section; and
(B) may provide, on a reimbursable basis, any of the
facilities or other resources of the Office of the
Special Inspector General for Iraq Reconstruction to the
Office of the Inspector General for Afghanistan
Reconstruction for the purpose of carrying out this
section.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days after the end
of each fiscal-year quarter, the Inspector General shall submit
to the appropriate congressional committees a report
summarizing, for the period of that quarter and, to the extent
possible, the period from the end of such quarter to the time of
the submission of the report, the activities during such period
of the Inspector General and the activities under programs and
operations funded with amounts appropriated or otherwise made
available for the reconstruction of Afghanistan. Each report
shall include, for the period covered by such report, a detailed
statement of all obligations, expenditures, and revenues
associated with reconstruction and rehabilitation activities in
Afghanistan, including the following:
(A) Obligations and expenditures of appropriated
funds.
(B) A project-by-project and program-by-program
accounting of the costs incurred to date for the
reconstruction of Afghanistan, together with the
estimate of the Department of Defense, the Department of
State, and the United States Agency for International
Development, as applicable, of the costs to complete
each project and each program.
(C) Revenues attributable to or consisting of funds
provided by foreign nations or international
organizations to programs and projects funded by any
department or agency of the United States Government,
and any obligations or expenditures of such revenues.
(D) Revenues attributable to or consisting of
foreign assets seized or frozen that contribute to
programs and projects funded by any department or agency
of the United States Government, and any obligations or
expenditures of such revenues.
(E) Operating expenses of agencies or entities
receiving amounts appropriated or otherwise made
available for the reconstruction of Afghanistan.
(F) In the case of any contract, grant, agreement,
or other funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant,
agreement, or other funding mechanism;
(ii) a brief discussion of the scope of the
contract, grant, agreement, or other funding
mechanism;
(iii) a discussion of how the department or
agency of the United States Government involved in
the contract, grant, agreement, or other funding
mechanism
[[Page 122 STAT. 383]]
identified, and solicited offers from, potential
individuals or entities to perform the contract,
grant, agreement, or other funding mechanism,
together with a list of the potential individuals
or entities that were issued solicitations for the
offers; and
(iv) the justification and approval documents
on which was based the determination to use
procedures other than procedures that provide for
full and open competition.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism that is entered
into by any department or agency of the United States Government
that involves the use of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan with any public
or private sector entity for any of the following purposes:
(A) To build or rebuild physical infrastructure of
Afghanistan.
(B) To establish or reestablish a political or
societal institution of Afghanistan.
(C) To provide products or services to the people of
Afghanistan.
(3) <<NOTE: Website.>> Public availability.--The Inspector
General shall publish on a publically-available Internet website
each report under paragraph (1) of this subsection in English
and other languages that the Inspector General determines are
widely used and understood in Afghanistan.
(4) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex if the Inspector General considers it necessary.
(5) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of information
that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and defense.--The
Inspector General shall also submit each report required under
subsection (i) to the Secretary of State and the Secretary of
Defense.
(2) Submission to congress.--Not later than 30 days after
receipt of a report under paragraph (1), the Secretary of State
or the Secretary of Defense may submit to the appropriate
congressional committees any comments on the matters covered by
the report as the Secretary of State or the Secretary of
Defense, as the case may be, considers appropriate. Any comments
on the matters covered by the report shall be submitted in
unclassified form, but may include a classified annex if the
Secretary of State or the Secretary of Defense, as the case may
be, considers it necessary.
[[Page 122 STAT. 384]]
(k) Transparency.--
(1) Report.--Not later than 60 days after submission to the
appropriate congressional committees of a report under
subsection (i), the Secretary of State and the Secretary of
Defense shall jointly make copies of the report available to the
public upon request, and at a reasonable cost.
(2) Comments on matters covered by report.--Not later than
60 days after submission to the appropriate congressional
committees under subsection (j)(2) of comments on a report under
subsection (i), the Secretary of State and the Secretary of
Defense shall jointly make copies of the comments available to
the public upon request, and at a reasonable cost.
(l) <<NOTE: President.>> Waiver.--
(1) Authority.--The President may waive the requirement
under paragraph (1) or (2) of subsection (k) with respect to
availability to the public of any element in a report under
subsection (i), or any comment under subsection (j)(2), if the
President determines that the waiver is justified for national
security reasons.
(2) <<NOTE: Federal Register, publication.>> Notice of
waiver.--The President shall publish a notice of each waiver
made under this subsection in the Federal Register no later than
the date on which a report required under subsection (i), or any
comment under subsection (j)(2), is submitted to the appropriate
congressional committees. The report and comments shall specify
whether waivers under this subsection were made and with respect
to which elements in the report or which comments, as
appropriate.
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for the
reconstruction of afghanistan.--The term ``amounts appropriated
or otherwise made available for the reconstruction of
Afghanistan'' means--
(A) amounts appropriated or otherwise made available
for any fiscal year--
(i) to the Afghanistan Security Forces Fund;
or
(ii) to the program to assist the people of
Afghanistan established under subsection (a)(2) of
section 1202 of the National Defense Authorization
for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3455-3456); and
(B) amounts appropriated or otherwise made available
for any fiscal year for the reconstruction of
Afghanistan under--
(i) the Economic Support Fund;
(ii) the International Narcotics Control and
Law Enforcement account; or
(iii) any other provision of law.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed
Services, and Foreign Affairs of the House of
Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2008 to carry out this section.
[[Page 122 STAT. 385]]
(2) Offset.--The amount authorized to be appropriated by
section 1513 for the Afghanistan Security Forces Fund is hereby
reduced by $20,000,000.
(o) Termination.--
(1) In general.--The Office of the Special Inspector General
for Afghanistan Reconstruction shall terminate 180 days after
the date on which amounts appropriated or otherwise made
available for the reconstruction of Afghanistan that are
unexpended are less than $250,000,000.
(2) Final report.--The Inspector General shall, prior to the
termination of the Office of the Special Inspector General for
Afghanistan Reconstruction under paragraph (1), prepare and
submit to the appropriate congressional committees a final
forensic audit report on programs and operations funded with
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan.
SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN.
(a) <<NOTE: President.>> Report Required.--Not later than 90 days
after the date of the enactment of this Act, and every 180 days
thereafter through the end of fiscal year 2010, the President, acting
through the Secretary of Defense, shall submit to the appropriate
congressional committees a report on progress toward security and
stability in Afghanistan.
(b) Coordination.--The report required under subsection (a) shall be
prepared in coordination with the Secretary of State, the Director of
National Intelligence, the Attorney General, the Administrator of the
Drug Enforcement Administration, the Administrator of the United States
Agency for International Development, the Secretary of Agriculture, and
the head of any other department or agency of the Government of the
United States involved with activities relating to security and
stability in Afghanistan.
(c) Matters to Be Included: Strategic Direction of United States
Activities Relating to Security and Stability in Afghanistan.--The
report required under subsection (a) shall include a description of a
comprehensive strategy of the United States for security and stability
in Afghanistan. The description of such strategy shall consist of a
general overview and a separate detailed section for each of the
following:
(1) North atlantic treaty organization international
security assistance force.--A description of the following:
(A) Efforts of the United States to work with
countries participating in the North Atlantic Treaty
Organization (NATO) International Security Assistance
Force (ISAF) in Afghanistan (hereafter in this section
referred to as ``NATO ISAF countries'').
(B) Any actions by the United States to achieve the
following goals relating to strengthening the NATO ISAF,
and the results of such actions:
(i) Encourage NATO ISAF countries to fulfill
commitments to the NATO ISAF mission in
Afghanistan, and ensure adequate contributions to
efforts to build the capacity of the Afghanistan
National Security Forces (ANSF), counter-narcotics
efforts, and
[[Page 122 STAT. 386]]
reconstruction and development activities in
Afghanistan.
(ii) Remove national caveats on the use of
forces deployed as part of the NATO ISAF.
(iii) Reduce the number of civilian casualties
resulting from military operations of NATO ISAF
countries and mitigate the impact of such
casualties on the Afghan people.
(2) Afghanistan national security forces.--A description of
the following:
(A) A comprehensive and effective long-term strategy
and budget, with defined objectives, for activities
relating to strengthening the resources, capabilities,
and effectiveness of the Afghanistan National Army (ANA)
and the Afghanistan National Police (ANP) of the ANSF,
with the goal of ensuring that a strong and fully-
capable ANSF is able to independently and effectively
conduct operations and maintain security and stability
in Afghanistan.
(B) Any actions by the United States to achieve the
following goals relating to building the capacity of the
ANSF, and the results of such actions:
(i) Improve coordination with all relevant
departments and agencies of the Government of the
United States, as well as NATO ISAF countries and
other international partners.
(ii) Improve ANSF recruitment and retention,
including through improved vetting and salaries
for the ANSF.
(iii) Increase and improve ANSF training and
mentoring.
(iv) Strengthen the partnership between the
Government of the United States and the Government
of Afghanistan.
(3) Provincial reconstruction teams and other reconstruction
and development activities.--A description of the following:
(A) A comprehensive and effective long-term strategy
and budget, with defined objectives, for reconstruction
and development in Afghanistan, including a long-term
strategy with a mission and objectives for each United
States-led Provincial Reconstruction Team (PRT) in
Afghanistan.
(B) Any actions by the United States to achieve the
following goals with respect to reconstruction and
development in Afghanistan, and the results of such
actions:
(i) Improve coordination with all relevant
departments and agencies of the Government of the
United States, as well as NATO ISAF countries and
other international partners.
(ii) Clarify the chain of command, and
operations plans for United States-led PRTs that
are appropriate to meet the needs of the relevant
local communities.
(iii) Promote coordination among PRTs.
(iv) Ensure that each PRT is adequately
staffed, particularly with civilian specialists,
and that such staff receive appropriate training.
[[Page 122 STAT. 387]]
(v) Expand the ability of the Afghan people to
assume greater responsibility for their own
reconstruction and development projects.
(vi) Strengthen the partnership between the
Government of the United States and the Government
of Afghanistan.
(vii) Ensure proper reconstruction and
development oversight activities, including
implementation, where appropriate, of
recommendations of any United States inspectors
general, including the Special Inspector General
for Afghanistan Reconstruction appointed pursuant
to section 1229.
(4) Counter-narcotics activities.--A description of the
following:
(A) A comprehensive and effective long-term strategy
and budget, with defined objectives, for the activities
of the Department of Defense relating to counter-
narcotics efforts in Afghanistan, including--
(i) roles and missions of the Department of
Defense within the overall counter-narcotics
strategy for Afghanistan of the Government of the
United States, including a statement of
priorities;
(ii) a detailed, comprehensive, and effective
strategy with defined one-year, three-year, and
five-year objectives and a description of the
accompanying allocation of resources of the
Department of Defense to accomplish such
objectives;
(iii) in furtherance of the strategy described
in clause (i), actions that the Department of
Defense is taking and has planned to take to--
(I) improve coordination within the
Department of Defense and with all
relevant departments and agencies of the
Government of the United States;
(II) strengthen significantly the
Afghanistan National Counter-narcotics
Police;
(III) build the capacity of local
and provincial governments of
Afghanistan and the national Government
of Afghanistan to assume greater
responsibility for counter-narcotics-
related activities, including
interdiction; and
(IV) improve counter-narcotics-
related intelligence capabilities and
tactical use of such capabilities by the
Department of Defense and other
appropriate departments and agencies of
the Government of the United States; and
(iv) the impact, if any, including the
disadvantages and advantages, if any, on the
primary counter-terrorism mission of the United
States military of providing enhanced logistical
support to departments and agencies of the
Government of the United States and counter-
narcotics partners of the United States in their
interdiction efforts, including apprehending or
eliminating major drug traffickers in Afghanistan.
(B) The counter-narcotics roles and missions assumed
by the local and provincial governments of Afghanistan
and the national Government of Afghanistan, appropriate
[[Page 122 STAT. 388]]
departments and agencies of the Government of the United
States (other than the Department of Defense), the NATO
ISAF, and the governments of other countries.
(C) The plan and efforts to coordinate the counter-
narcotics strategy and activities of the Department of
Defense with the counter-narcotics strategy and
activities of the Government of Afghanistan, the NATO-
led interdiction and security forces, other appropriate
countries, and other counter-narcotics partners of the
United States, and the results of such efforts.
(D) The progress made by the governments,
organizations, and entities specified in subparagraph
(B) in executing designated roles and missions, and in
coordinating and implementing counternarcotics plans and
activities, and based on the results of this progress
whether, and to what extent, roles and missions for the
Department of Defense should be altered in the future,
or should remain unaltered.
(5) Public corruption and rule of law.--A description of any
actions, and the results of such actions, to help the Government
of Afghanistan fight public corruption and strengthen governance
and the rule of law at the local, provincial, and national
levels.
(6) Regional considerations.--A description of any actions
and the results of such actions to increase cooperation with
countries geographically located around Afghanistan's border,
with a particular focus on improving security and stability in
the Afghanistan-Pakistan border areas.
(d) Matters to Be Included: Performance Indicators and Measures of
Progress Toward Sustainable Long-Term Security and Stability in
Afghanistan.--
(1) In general.--The report required under subsection (a)
shall set forth a comprehensive set of performance indicators
and measures of progress toward sustainable long-term security
and stability in Afghanistan, as specified in paragraph (2), and
shall include performance standards and progress goals, together
with a notional timetable for achieving such goals.
(2) Performance indicators and measures of progress
specified.--The performance indicators and measures of progress
specified in this paragraph shall include, at a minimum, the
following:
(A) With respect to the NATO ISAF, an assessment of
unfulfilled NATO ISAF mission requirements and
contributions from individual NATO ISAF countries,
including levels of troops and equipment, the effect of
contributions on operations, and unfulfilled
commitments.
(B) An assessment of military operations of the NATO
ISAF, including of NATO ISAF countries, and an
assessment of separate military operations by United
States forces. Such assessments shall include--
(i) indicators of a stable security
environment in Afghanistan, such as number of
engagements per day, and trends relating to the
numbers and types of hostile encounters; and
(ii) the effects of national caveats that
limit operations, geographic location of
operations, and estimated number of civilian
casualties.
[[Page 122 STAT. 389]]
(C) For the Afghanistan National Army (ANA), and
separately for the Afghanistan National Police (ANP), of
the Afghanistan National Security Forces (ANSF) an
assessment of the following:
(i) Recruitment and retention numbers, rates
of absenteeism, vetting procedures, and salary
scale.
(ii) Numbers trained, numbers receiving
mentoring, the type of training and mentoring, and
number of trainers, mentors, and advisers needed
to support the ANA and ANP and associated
ministries.
(iii) Type of equipment used.
(iv) Operational readiness status of ANSF
units, including the type, number, size, and
organizational structure of ANA and ANP units that
are--
(I) capable of conducting operations
independently;
(II) capable of conducting
operations with the support of the
United States, NATO ISAF forces, or
other coalition forces; or
(III) not ready to conduct
operations.
(v) Effectiveness of ANA and ANP officers and
the ANA and ANP chain of command.
(vi) Extent to which insurgents have
infiltrated the ANA and ANP.
(vii) Estimated number and capability level of
the ANA and ANP needed to perform duties now
undertaken by NATO ISAF countries, separate United
States forces and other coalition forces,
including defending the borders of Afghanistan and
providing adequate levels of law and order
throughout Afghanistan.
(D) An assessment of the estimated strength of the
insurgency in Afghanistan and the extent to which it is
composed of non-Afghan fighters and utilizing weapons or
weapons-related materials from countries other than
Afghanistan.
(E) A description of all terrorist and insurgent
groups operating in Afghanistan, including the number,
size, equipment strength, military effectiveness,
sources of support, legal status, and any efforts to
disarm or reintegrate each such group.
(F) An assessment of security and stability,
including terrorist and insurgent activity, in
Afghanistan-Pakistan border areas and in Pakistan's
Federally Administered Tribal Areas.
(G) An assessment of United States military
requirements, including planned force rotations, for the
twelve-month period following the date of the report
required under subsection (a).
(H) For reconstruction and development, an
assessment of the following:
(i) The location, funding (including the
sources of funding), staffing requirements,
current staffing levels, and activities of each
United States-led Provincial Reconstruction Team.
(ii) Key indicators of economic activity that
should be considered the most important for
determining the prospects of stability in
Afghanistan, including--
[[Page 122 STAT. 390]]
(I) the indicators set forth in the
Afghanistan Compact, which consist of
roads, education, health, agriculture,
and electricity; and
(II) unemployment and poverty
levels.
(I) For counter-narcotics efforts, an assessment of
the activities of the Department of Defense in
Afghanistan, as described in subsection (c)(4), and the
effectiveness of such activities.
(J) Key measures of political stability relating to
both central and local Afghan governance.
(K) For public corruption and rule of law, an
assessment of anti-corruption and law enforcement
activities at the local, provincial, and national levels
and the effectiveness of such activities.
(e) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
(f) Congressional Briefings.--The Secretary of Defense shall
supplement the report required under subsection (a) with regular
briefings to the appropriate congressional committees on the subject
matter of the report.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL
SECURITY FORCES.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter through the end of fiscal
year 2010, the Secretary of Defense shall submit to the appropriate
congressional committees a report on a long-term detailed plan for
sustaining the Afghanistan National Army (ANA) and the Afghanistan
National Police (ANP) of the Afghanistan National Security Forces
(ANSF), with the objective of ensuring that a strong and fully-capable
ANSF will be able to independently and effectively conduct operations
and maintain long-term security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a) shall be
prepared in coordination with the Secretary of State.
(c) Matters to Be Included.--The report required under subsection
(a) shall include a description of the following matters relating to the
plan for sustaining the ANSF:
(1) A comprehensive and effective long-term strategy and
budget, with defined objectives.
(2) A mechanism for tracking funding, equipment, training,
and services provided for the ANSF by the United States,
countries participating in the North Atlantic Treaty
Organization (NATO) International Security Assistance Force
(ISAF) in Afghanistan (hereafter in this section referred to as
``NATO ISAF countries''), and other coalition forces that are
not part of the NATO ISAF.
[[Page 122 STAT. 391]]
(3) Any actions to assist the Government of Afghanistan
achieve the following goals, and the results of such actions:
(A) Build and sustain effective Afghan security
institutions with fully-capable leadership and staff,
including a reformed Ministry of Interior, a fully-
established Ministry of Defense, and logistics,
intelligence, medical, and recruiting units (hereafter
in this section referred to as ``ANSF-sustaining
institutions'').
(B) Train and equip fully-capable ANSF that are
capable of conducting operations independently and in
sufficient numbers.
(C) Establish strong ANSF-readiness assessment tools
and metrics.
(D) Build and sustain strong, professional ANSF
officers at the junior-, mid-, and senior-levels.
(E) Develop strong ANSF communication and control
between central command and regions, provinces, and
districts.
(F) Establish a robust mentoring and advising
program, and a strong professional military training and
education program, for all ANSF officials.
(G) Establish effective merit-based salary, rank,
promotion, and incentive structures for the ANSF.
(H) Develop mechanisms for incorporating lessons
learned and best practices into ANSF operations.
(I) Establish an ANSF personnel accountability
system with effective internal discipline procedures and
mechanisms, and a system for addressing ANSF personnel
complaints.
(J) Ensure effective ANSF oversight mechanisms,
including a strong record-keeping system to track ANSF
equipment and personnel.
(4) Coordination with all relevant departments and agencies
of the Government of the United States, as well as NATO ISAF
countries and other international partners, including on--
(A) funding;
(B) reform and establishment of ANSF-sustaining
institutions; and
(C) efforts to ensure that progress on sustaining
the ANSF is reinforced with progress in other pillars of
the Afghan security sector, particularly progress on
building an effective judiciary, curbing production and
trafficking of illicit narcotics, and demobilizing,
disarming, and reintegrating militia fighters.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
[[Page 122 STAT. 392]]
SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.
(a) Report Required.--
(1) In general.--Not later than March 31, 2008, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate congressional committees
a report on enhancing security and stability in the region along
the border of Afghanistan and Pakistan.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A detailed description of the efforts by the
Government of Pakistan to achieve the following
objectives:
(i) Eliminate safe havens for Taliban, Al
Qaeda, and other violent extremist forces on the
national territory of Pakistan.
(ii) Prevent the movement of such forces
across the border of Pakistan into Afghanistan to
engage in insurgent or terrorist activities.
(B) An assessment of the Secretary of Defense as to
whether Pakistan is making substantial and sustained
efforts to achieve the objectives specified in
subparagraph (A).
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Limitation.--
(A) In general.--If the Secretary of Defense does
not submit the report required under paragraph (1) by
March 31, 2008, then after such date the Government of
Pakistan may not be reimbursed under the authority of
any provision of law described in subparagraph (B) for
logistical, military, or other support provided by
Pakistan to the United States until the Secretary
submits to the appropriate congressional committees the
report required by such paragraph.
(B) Provisions of law.--The provisions of law
referred to in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which
payments are authorized to reimburse key
cooperating nations for logistical, military, or
other support provided by that nation to or in
connection with United States military operations.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
(b) Notification Relating to Department of Defense Coalition Support
Funds for Pakistan.--
(1) Notification.--
(A) <<NOTE: Deadline.>> In general.--Not less than
15 days before making any reimbursement to the
Government of Pakistan under
[[Page 122 STAT. 393]]
the authority of any provision of law described in
subparagraph (B) for logistical, military, or other
support provided by Pakistan to the United States, the
Secretary of Defense shall submit to the congressional
defense committees a written notification that contains
a detailed description of such logistical, military, or
other support.
(B) Provisions of law.--The provisions of law
referred to in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which
payments are authorized to reimburse key
cooperating nations for logistical, military, or
other support provided by that nation to or in
connection with United States military operations.
(2) Matters to be included.--Each notification required
under paragraph (1) shall include an itemized description of the
following support provided by Pakistan to the United States for
which the United States will provide reimbursement:
(A) Logistic support, supplies, and services, as
such term is defined in section 2350(1) of title 10,
United States Code.
(B) Military support.
(C) Any other support or services.
(3) Form.--Each notification required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) Relationship to other notification requirements.--Each
notification required under paragraph (1) shall be in addition
to any notification requirements under any provision of law
described in subparagraph (B) of such paragraph.
(5) <<NOTE: Applicability.>> Effective date.--The
requirement to submit notifications under paragraph (1) shall
apply with respect to reimbursements to the Government of
Pakistan for logistical, military, or other support provided by
Pakistan to the United States during the period beginning on
February 1, 2008, and ending on September 30, 2009.
SEC. 1233. 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 1508 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) <<NOTE: Deadline.>> Standards.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall
[[Page 122 STAT. 394]]
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) <<NOTE: Deadline. Reports.>> 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. 1234. 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).
[[Page 122 STAT. 395]]
(B) For each such nation, a description of the type
and value of logistical support so provided.
Subtitle C-- <<NOTE: Refugee Crisis in Iraq Act of 2007.>> Iraq Refugee
Crisis
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Refugee Crisis in Iraq Act of
2007''.
SEC. 1242. PROCESSING MECHANISMS.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall establish or use existing refugee
processing mechanisms in Iraq and in countries, where appropriate, in
the region in which--
(1) aliens described in section 1243 may apply and interview
for admission to the United States as refugees; and
(2) aliens described in section 1244(b) may apply and
interview for admission to United States as special immigrants.
(b) Suspension.--If such is determined necessary, the Secretary of
State, in consultation with the Secretary of Homeland Security, may
suspend in-country processing under subsection (a) for a period not to
exceed 90 days. <<NOTE: Notification.>> Such suspension may be extended
by the Secretary of State upon notification to the Committee on the
Judiciary of the House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, the Committee on the Judiciary
of the Senate, and the Committee on Foreign Relations of the
Senate. <<NOTE: Reports.>> The Secretary of State shall submit to such
committees a report outlining the basis of any such suspension and any
extensions thereof.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit to the committees specified in
subsection (b) a report that--
(1) describes the Secretary of State's plans to establish
the processing mechanisms required under subsection (a);
(2) contains an assessment of in-country processing that
makes use of videoconferencing; and
(3) describes the Secretary of State's diplomatic efforts to
improve issuance of exit permits to Iraqis who have been
provided special immigrant status under section 1244 and Iraqi
refugees under section 1243.
SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.
(a) In General.--Refugees of special humanitarian concern eligible
for Priority 2 processing under the refugee resettlement priority system
who may apply directly to the United States Admission Program shall
include--
(1) Iraqis who were or are employed by the United States
Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the
Secretary of State that they are or were employed in Iraq by--
(A) a media or nongovernmental organization
headquartered in the United States; or
(B) an organization or entity closely associated
with the United States mission in Iraq that has received
United
[[Page 122 STAT. 396]]
States Government funding through an official and
documented contract, award, grant, or cooperative
agreement; and
(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters, and
siblings of aliens described in paragraph (1), paragraph (2), or
section 1244(b)(1); and
(4) Iraqis who are members of a religious or minority
community, have been identified by the Secretary of State, or
the designee of the Secretary, as a persecuted group, and have
close family members (as described in section 201(b)(2)(A)(i) or
203(a) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i) and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to identify other
Priority 2 groups of Iraqis, including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations and
entities described in subsection (a)(2) shall not include any that
appear on the Department of the Treasury's list of Specially Designated
Nationals or any entity specifically excluded by the Secretary of
Homeland Security, after consultation with the Secretary of State and
the heads of relevant elements of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(d) Applicability of Other Requirements.--Aliens under this section
who qualify for Priority 2 processing under the refugee resettlement
priority system shall satisfy the requirements of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.
(e) <<NOTE: President.>> Numerical Limitations.--In determining the
number of Iraqi refugees who should be resettled in the United States
under paragraphs (2), (3), and (4) of subsection (a) and subsection (b)
of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157),
the President shall consult with the heads of nongovernmental
organizations that have a presence in Iraq or experience in assessing
the problems faced by Iraqi refugees.
(f) Eligibility for Admission as Refugee.--No alien shall be denied
the opportunity to apply for admission under this section solely because
such alien qualifies as an immediate relative or is eligible for any
other immigrant classification.
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Subject to subsection (c), the Secretary of
Homeland Security, or, notwithstanding any other provision of law, the
Secretary of State in consultation with the Secretary of Homeland
Security, may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits a
petition for classification under section 203(b)(4) of such Act
(8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa;
(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for inadmissibility
specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)); and
[[Page 122 STAT. 397]]
(4) cleared a background check and appropriate screening, as
determined by the Secretary of Homeland Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of the United
States Government in Iraq, on or after March 20, 2003,
for not less than one year;
(C) provided faithful and valuable service to the
United States Government, which is documented in a
positive recommendation or evaluation, subject to
paragraph (4), from the employee's senior supervisor or
the person currently occupying that position, or a more
senior person, if the employee's senior supervisor has
left the employer or has left Iraq; and
(D) has experienced or is experiencing an ongoing
serious threat as a consequence of the alien's
employment by the United States Government.
(2) Spouses and children.--An alien is described in this
subsection if the alien--
(A) is the spouse or child of a principal alien
described in paragraph (1); and
(B) is accompanying or following to join the
principal alien in the United States.
(3) Treatment of surviving spouse or child.--An alien is
described in subsection (b) if the alien--
(A) was the spouse or child of a principal alien
described in paragraph (1) who had a petition for
classification approved pursuant to this section or
section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101
note), which included the alien as an accompanying
spouse or child; and
(B) due to the death of the principal alien--
(i) such petition was revoked or terminated
(or otherwise rendered null); and
(ii) such petition would have been approved if
the principal alien had survived.
(4) Approval by chief of mission required.--A recommendation
or evaluation required under paragraph (1)(C) shall be
accompanied by approval from the Chief of Mission, or the
designee of the Chief of Mission, who shall conduct a risk
assessment of the alien and an independent review of records
maintained by the United States Government or hiring
organization or entity to confirm employment and faithful and
valuable service to the United States Government prior to
approval of a petition under this section.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section may
not exceed 5,000 per year for each of the five fiscal years
beginning after the date of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be counted
against any numerical limitation under sections
[[Page 122 STAT. 398]]
201(d), 202(a), or 203(b)(4) of the Immigration and Nationality
Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Carry forward.--
(A) Fiscal years one through four.--If the numerical
limitation specified in paragraph (1) is not reached
during a given fiscal year referred to in such paragraph
(with respect to fiscal years one through four), the
numerical limitation specified in such paragraph for the
following fiscal year shall be increased by a number
equal to the difference between--
(i) the numerical limitation specified in
paragraph (1) for the given fiscal year; and
(ii) the number of principal aliens provided
special immigrant status under this section during
the given fiscal year.
(B) Fiscal years five and six.--If the numerical
limitation specified in paragraph (1) is not reached in
the fifth fiscal year beginning after the date of the
enactment of this Act, the total number of principal
aliens who may be provided special immigrant status
under this section for the sixth fiscal year beginning
after such date shall be equal to the difference
between--
(i) the numerical limitation specified in
paragraph (1) for the fifth fiscal year; and
(ii) the number of principal aliens provided
such status under this section during the fifth
fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the Secretary of
State nor the Secretary of Homeland Security may charge an alien
described in subsection (b) any fee in connection with an application
for, or issuance of, a special immigrant visa. The Secretary of State
shall make a reasonable effort to ensure that aliens described in this
section who are issued special immigrant visas are provided with the
appropriate series Iraqi passport necessary to enter the United States.
(e) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall make a
reasonable effort to provide an alien described in this section who is
applying for a special immigrant visa with protection or the immediate
removal from Iraq, if possible, of such alien if the Secretary
determines after consultation that such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification.--No alien
shall be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate relative or
is eligible for any other immigrant classification.
(g) Resettlement Support.--Iraqi aliens granted special immigrant
status described in section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for
resettlement assistance, entitlement programs, and other benefits
available to refugees admitted under section 207 of such Act (8 U.S.C.
1157) for a period not to exceed eight months.
(h) Rule of Construction.--Nothing in this section may be construed
to affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006.
[[Page 122 STAT. 399]]
SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY
DISPLACED PERSONS.
(a) Designation in Iraq.--The Secretary of State shall designate in
the embassy of the United States in Baghdad, Iraq, a Senior Coordinator
for Iraqi Refugees and Internally Displaced Persons (referred to in this
section as the ``Senior Coordinator'').
(b) Responsibilities.--The Senior Coordinator shall be responsible
for the oversight of processing for the resettlement in the United
States of refugees of special humanitarian concern, special immigrant
visa programs in Iraq, and the development and implementation of other
appropriate policies and programs concerning Iraqi refugees and
internally displaced persons. The Senior Coordinator shall have the
authority to refer persons to the United States refugee resettlement
program.
(c) Designation of Additional Senior Coordinators.--The Secretary of
State shall designate in the embassies of the United States in Cairo,
Egypt, Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior
Coordinator to oversee resettlement in the United States of refugees of
special humanitarian concern in those countries to ensure their
applications to the United States refugee resettlement program are
processed in an orderly manner and without delay.
SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.
With respect to each country with a significant population of Iraqi
refugees, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the
Secretary of State shall--
(1) as appropriate, consult with the appropriate government
officials of such countries and other countries and the United
Nations High Commissioner for Refugees regarding resettlement of
the most vulnerable members of such refugee populations; and
(2) as appropriate, except where otherwise prohibited by the
laws of the United States, develop mechanisms in and provide
assistance to countries with a significant population of Iraqi
refugees to ensure the well-being and safety of such populations
in their host environments.
SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.
An alien who applied for asylum or withholding of removal and whose
claim was denied on or after March 1, 2003, by an asylum officer or an
immigration judge solely, or in part, on the basis of changed country
conditions may, notwithstanding any other provision of law, file a
motion to reopen such claim in accordance with subparagraphs (A) and (B)
of section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)) not later than six months after the date of the enactment
of the Refugee Crisis in Iraq Act if the alien--
(1) is a citizen or national of Iraq; and
(2) has remained in the United States since the date of such
denial.
SEC. 1248. REPORTS.
(a) Secretary of Homeland Security.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on the
[[Page 122 STAT. 400]]
Judiciary of the House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, the Committee on the Judiciary
of the Senate, and the Committee on Foreign Relations of the Senate a
report containing plans to expedite the processing of Iraqi refugees for
resettlement, including information relating to--
(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion of the
Refugee Corps of United States Citizenship and Immigration
Services;
(2) increasing the number of personnel of the Department of
Homeland Security devoted to refugee processing in Iraq, Jordan,
Egypt, Syria, Turkey, and Lebanon;
(3) enhancing existing systems for conducting background and
security checks of persons applying for special immigrant status
and of persons considered Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority
system, which enhancements shall support immigration security
and provide for the orderly processing of such applications
without delay; and
(4) the projections of the Secretary, per country and per
month, for the number of refugee interviews that will be
conducted in fiscal year 2008 and fiscal year 2009.
(b) President.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter through 2013, the
President shall submit to Congress an unclassified report, with a
classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this subtitle;
(2) the number of aliens described in section 1243(a)(1);
(3) the number of such aliens who have applied for special
immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for longer than six
months, the reasons that such visas have not been expeditiously
processed.
(c) Report on Iraqi Citizens and Nationals Employed by the United
States Government or Federal Contractors in Iraq.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the
Treasury, and the Secretary of Homeland Security shall--
(A) review internal records and databases of their
respective agencies for information that can be used to
verify employment of Iraqi nationals by the United
States Government; and
(B) request from each prime contractor or grantee
that has performed work in Iraq since March 20, 2003,
under a contract, grant, or cooperative agreement with
their respective agencies that is valued in excess of
$25,000 information that can be used to verify the
employment of Iraqi nationals by such contractor or
grantee.
(2) Information required.--To the extent data is available,
the information referred to in paragraph (1) shall include the
name and dates of employment of, biometric data for,
[[Page 122 STAT. 401]]
and other data that can be used to verify the employment of each
Iraqi citizen or national who has performed work in Iraq since
March 20, 2003, under a contract, grant, or cooperative
agreement with an executive agency.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given the term in section
4(1) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(d) Report on Establishment of Database.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State, the Administrator of the
United States Agency for International Development, the Secretary of the
Treasury, and the Secretary of Homeland Security, shall submit to
Congress a report examining the options for establishing a unified,
classified database of information related to contracts, grants, or
cooperative agreements entered into by executive agencies for the
performance of work in Iraq since March 20, 2003, including the
information described and collected under subsection (c), to be used by
relevant Federal departments and agencies to adjudicate refugee, asylum,
special immigrant visa, and other immigration claims and applications.
(e) <<NOTE: President.>> Noncompliance Report.--Not later than 180
days after the date of the enactment of this Act, the President shall
submit a report to Congress that describes--
(1) the inability or unwillingness of any contractor or
grantee to provide the information requested under subsection
(c)(1)(B); and
(2) the reasons for failing to provide such information.
SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle D--Other Authorities and Limitations
SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS
AND OTHER ALLIED AND FRIENDLY FOREIGN COUNTRIES.
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''.
[[Page 122 STAT. 402]]
SEC. 1252. 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 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. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS OF
UNITED STATES MILITARY CIVIC ACTION TEAM IN PALAU.
Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is amended--
(1) by striking ``In recognition'' and inserting ``(1) In
recognition''; and
(2) by adding at the end the following:
``(2) For expenditures that the Department of Defense makes pursuant
to paragraph (1), the Secretary of Defense may accept up to the amount
of $250,000 in annual funds from the Government of Palau as specified in
paragraph (1). Funds accepted by the Secretary from the Government of
Palau under this paragraph shall be credited to and merged with
appropriations available to the Department of Defense and shall be used
to defray expenditures attendant to the operation of the United States
military Civic Action Team in Palau. Funds so credited and merged shall
be available for the same time period as the appropriations to which the
funds are credited and merged.''.
SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.
Section 1211 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2420) is amended by
striking subsection (a).
SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA.
(a) Enhanced Reward for Capture of Osama Bin Laden.--Section
36(e)(1) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(e)(1)) is amended by adding at the end the following new
sentence: ``The Secretary shall authorize a reward of $50,000,000 for
the capture or death or information leading to the capture or death of
Osama bin Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other Leaders of
Al Qaeda to Justice.--
[[Page 122 STAT. 403]]
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State and the
Secretary of Defense shall, in coordination with the Director of
National Intelligence, jointly submit to Congress a report on
the progress made in bringing Osama bin Laden and other leaders
of al Qaeda to justice.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of the likely current location of
terrorist leaders, including Osama bin Laden, Ayman al-
Zawahiri, and other key leaders of al Qaeda.
(B) A description of ongoing efforts to bring to
justice such terrorist leaders, particularly those who
have been directly implicated in attacks in the United
States and its embassies.
(C) An assessment of whether the government of each
country assessed as a likely location of top leaders of
al Qaeda has fully cooperated in efforts to bring those
leaders to justice.
(D) A description of diplomatic efforts currently
being made to improve the cooperation of the governments
described in subparagraph (C).
(E) A description of the current status of the top
leadership of al Qaeda and the strategy for locating
them and bringing them to justice.
(F) An assessment of whether al Qaeda remains the
terrorist organization that poses the greatest threat to
United States interests, including the greatest threat
to the territorial United States.
(3) Update of report.--Not later than one year after the
submission of the report required under paragraph (1), the
Secretary of State and the Secretary of Defense shall, in
coordination with the Director of National Intelligence, jointly
submit to Congress an update of the report required under
paragraph (1).
(4) Form.--The report required under paragraph (1) and the
update of the report required under paragraph (3) shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.
SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Members.--Section 1605 of the National Defense Authorization Act
for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended in subsection
(a)(1)--
(1) in subparagraph (C) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) by adding at the end the following:
``(E) The Secretary of State.
``(F) The Secretary of Homeland Security.''.
(b) Access to Information.--Subsection (d) of such section is
amended by inserting after ``Department of Energy,'' the following:
``the Department of State, the Department of Homeland Security,''.
(c) Termination.--Subsection (f) of such section is amended by
striking ``2008'' and inserting ``2013''.
[[Page 122 STAT. 404]]
(d) Submission of Report.--Section 1503 of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
amended--
(1) in subsection (a)--
(A) by striking ``Annual'' and inserting
``Biennial''; and
(B) by striking ``each year'' and inserting ``each
odd-numbered year''; and
(2) in subsection (b)(5)--
(A) by striking ``fiscal year preceding'' and
inserting ``two fiscal years preceding''; and
(B) by striking ``preceding fiscal year'' and
inserting ``preceding fiscal years''.
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN 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 Inter-
American Democratic 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 the Department of Defense should
continue to utilize in order to help foster a spirit of
partnership and interoperability among the United States
military and the militaries of participating nations.
SEC. 1258. SENSE OF CONGRESS ON IRAN.
It is the sense of Congress that--
(1) the manner in which the United States transitions and
structures its military presence in Iraq will have critical
long-term consequences for the future of the Persian Gulf and
the Middle East, in particular with regard to the ability of the
Government of Iran to pose a threat to the security of the
region, the prospects for democracy for the people of the
region, and the health of the global economy;
(2) it is in the national interest of the United States that
the Government of Iran should not use extremists in Iraq to
subvert or co-opt the institutions of the legitimate Government
of Iraq;
(3) the United States should designate Iran's Islamic
Revolutionary Guards Corps as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) and place the Islamic Revolutionary Guards Corps on
the list of Specially Designated Global Terrorists, as
established under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order
13224 (September 23, 2001); and
(4) the United States should act with all possible
expediency to complete the listing of those entities targeted
under United Nations Security Council Resolutions 1737 and 1747,
[[Page 122 STAT. 405]]
adopted unanimously on December 23, 2006, and March 24, 2007,
respectively.
Subtitle E--Reports
SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO
THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 1225 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3465) is amended--
(1) in subsection (b)(2)--
(A) in the heading, by striking ``Update'' and
inserting ``Updates''; and
(B) by inserting ``and not later than two years
after enactment of this Act,'' after ``Not later than
one year after enactment of this Act,''; and
(2) in subsection (c), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, SUDAN.
(a) Requirement for Report.--
(1) In general.--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 submit to the appropriate
congressional committees a report on the policy of the United
States to address the crisis in the Darfur region of Sudan,
eastern Chad, and north-eastern Central African Republic, and on
the contributions of the Department of Defense and the
Department of State to the North Atlantic Treaty Organization
(NATO), the United Nations, and the African Union in support of
the current African Union Mission in Sudan (AMIS) or any covered
United Nations mission.
(2) Update of report.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate congressional committees an update of
the report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which the Government of
Sudan is in compliance with its obligations under international
law and as a member of the United Nations, including under
United Nations Security Council Resolutions 1591 (2005), 1706
(2006), 1769 (2007), and 1784 (2007) and a description of any
violations of such obligations, including violations relating to
the denial of or delay in facilitating access by AMIS and United
Nations peacekeeping forces to conflict areas, failure to
implement responsibilities to demobilize and disarm the
Janjaweed militias, obstruction of the voluntary safe return of
internally displaced persons and refugees, and degradation of
security of and access to humanitarian supply routes.
(2) An assessment of the role played by rebel forces in
contributing to violence being carried out against civilians and
humanitarian organizations and of the impact of such activities
[[Page 122 STAT. 406]]
on international efforts to create conditions of peace and
security on the ground.
(3) A comprehensive explanation of the policy of the United
States to address the crisis in the Darfur region, including the
activities undertaken by the Department of Defense and the
Department of State in support of that policy.
(4) A comprehensive assessment of the potential impact of a
no-fly zone for the Darfur region, including an assessment of
the impact of such a no-fly zone on humanitarian efforts in
Darfur and the region and a plan to minimize any negative impact
on such humanitarian efforts during the implementation of such a
no-fly zone.
(5) A description of contributions made by the Department of
Defense and the Department of State in support of NATO
assistance to AMIS and any covered United Nations mission.
(6) An assessment of the extent to which additional United
States Government resources are necessary to meet its
obligations to AMIS and any covered United Nations mission.
(7) An assessment of the force size and composition of an
international effort estimated to be necessary to provide
protection to civilian populations currently displaced in the
Darfur region, as well as the force size and composition of an
international effort estimated to be necessary to provide
broader stability within that region.
(8) An examination of the current capacity of the existing
airfield in Abeche, Chad, including the scope of its current use
by the international community in response to the crisis in the
Darfur region.
(9) An analysis of the upgrades, and their associated costs,
necessary to enable the airfield in Abeche, Chad, to be improved
to be fully capable of accommodating a humanitarian,
peacekeeping, or other force deployment of the size foreseen by
United Nations Security Council Resolution 1769 calling for a
United Nations deployment to Chad and a hybrid force of the
United Nations and African Union operating under Chapter VII of
the United Nations Charter for Sudan.
(c) Form and Availability of Reports.--
(1) Form.--The report and update of the report required
under subsection (a) shall be submitted in an unclassified form,
but may include a classified annex.
(2) Availability.--The <<NOTE: Public information.>>
unclassified portion of the report and update of the report
required under subsection (a) shall be made available to the
public.
(d) Repeal of Superseded Report Requirement.--Section 1227 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2426) is repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered united nations mission.--The term ``covered
United Nations mission'' means any United Nations-African Union
hybrid peacekeeping operation in the Darfur region of Sudan, and
any United Nations peacekeeping operation in the
[[Page 122 STAT. 407]]
Darfur region, eastern Chad, or northern Central African
Republic, that is deployed on or after the date of the enactment
of this Act.
SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN ANNUAL
REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is amended by adding
at the end the following new paragraph:
``(9) Developments in China's asymmetric capabilities,
including efforts to acquire, develop, and deploy cyberwarfare
capabilities.''.
SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY JUSTICE
TO CIVILIANS ACCOMPANYING THE ARMED FORCES DURING A TIME OF
DECLARED WAR OR CONTINGENCY OPERATION.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the status of implementing paragraph (10) of
section 802(a) of title 10, United States Code (article 2(a) of the
Uniform Code of Military Justice), as amended by section 552 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), related to the application of chapter 47 of such title
(the Uniform Code of Military Justice) to persons serving with or
accompanying an armed force in the field during a time of declared war
or contingency operation.
(b) Contents of Report.--The report required by subsection (a) shall
include each of the following:
(1) A discussion of how the Secretary has resolved issues
related to establishing jurisdiction under such chapter over
persons referred to in paragraph (10) of section 802(a) of title
10, United States Code (article 2(a) of the Uniform Code of
Military Justice), specifically with respect to persons under
contract with the Department of Defense or with other Federal
agencies.
(2) An identification of any outstanding issues that remain
to be resolved with respect to implementing such paragraph and a
timetable for resolving such issues.
(3) A description of key implementing steps that have been
taken or remain to be taken to assert jurisdiction under chapter
47 of such title over such persons.
(4) An explanation of the Secretary's approach to
identifying factors that commanders should consider in
determining whether to seek prosecution of such a person under
such chapter or under chapter 212 of title 18, United States
Code.
SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES CITIZENS AND
THEIR RELATIVES IN NORTH KOREA.
(a) Report Required.--Not <<NOTE: President.>> later than 180 days
after the date of the enactment of this Act, the President shall
transmit to Congress a report on family reunions between United States
citizens and their relatives in the Democratic People's Republic of
Korea.
(b) Elements.--The report under subsection (a) shall include the
following:
[[Page 122 STAT. 408]]
(1) A description of the efforts, if any, of the United
States Government to facilitate family reunions between United
States citizens and their relatives in North Korea, including
the following:
(A) Discussing with North Korea family reunions
between United States citizens and their relatives in
North Korea.
(B) Planning, in the event of a normalization of
relations between the United States and North Korea, for
the appropriate role of the United States embassy in
Pyongyang, North Korea, in facilitating family reunions
between United States citizens and their relatives in
North Korea.
(2) A description of additional efforts, if any, of the
United States Government to facilitate family reunions between
United States citizens and their relatives in North Korea that
the President considers to be desirable and feasible.
SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.
(a) Department of State Report.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State 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
capability of the Department of State to provide training and
guidance to the command of an international intervention force
that seeks to prevent mass atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by
the Secretary of State to prepare for the training and
guidance of the command of an international intervention
force.
(B) An assessment of the role played by the United
States in developing the ``responsibility to protect''
doctrine described in paragraphs 138 through 140 of the
outcome document of the High-level Plenary Meeting of
the General Assembly adopted by the United Nations in
September 2005, and an update on actions taken by the
United States Mission to the United Nations to discuss,
promote, and implement such doctrine.
(C) An assessment of the potential capability of the
Department of State and other Federal departments and
agencies to support the development of new doctrines for
the training and guidance of an international
intervention force in keeping with the ``responsibility
to protect'' doctrine.
(D) Recommendations as to the steps necessary to
allow the Secretary of State to provide more effective
training and guidance to an international intervention
force.
(b) Department of Defense Report.--
(1) 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, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report
[[Page 122 STAT. 409]]
assessing the capability of the Department of Defense to provide
training and guidance to the command of an international
intervention force that seeks to prevent mass atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by
the Secretary of Defense to prepare for the training and
guidance of the command of an international intervention
force.
(B) An assessment of the potential capability of the
Department of Defense and other Federal departments and
agencies to support the development of new doctrines for
the training and guidance of an international
intervention force in keeping with the ``responsibility
to protect'' doctrine.
(C) Recommendations as to the steps necessary to
allow the Secretary of Defense to provide more effective
training and guidance to an international intervention
force.
(D) A summary of any assessments or studies of the
Department of Defense or other Federal departments or
agencies relating to ``Operation Artemis'', the 2004
French military deployment and intervention in the
eastern region of the Democratic Republic of Congo to
protect civilians from local warring factions.
(c) International Intervention Force.--For the purposes of this
section, ``international intervention force'' means a military force
that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the protection
of civilian life and the prevention of mass atrocities such as
genocide.
SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED AREAS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in coordination with the Director of National Intelligence, shall
jointly submit to the specified congressional committees 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 national
security interests of the United States and its allies.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of those areas the United States
Government considers ungoverned, including--
(A) a description of the geo-political and cultural
influences exerted within such areas and by whom;
(B) a description of the economic conditions and
prospects and the major social dynamics of such areas;
and
(C) a description of the United States Government's
relationships with entities located in such areas,
including with relevant national or other governments
and relevant tribal or other groups.
(2) A description of the capabilities required by the United
States Government to support United States policy aimed at
[[Page 122 STAT. 410]]
managing the threats described in subsection (a), including,
specifically, the technical, linguistic, and analytical
capabilities required by the Department of Defense and the
Department of State.
(3) An assessment of the extent to which the Department of
Defense and the Department of State possess the capabilities
described in paragraph (2) as well as the necessary resources
and organization to support United States policy aimed at
managing the threats described in subsection (a).
(4) 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.
(5) A description of the actions, if any, to be taken to
improve the capabilities of the Department of Defense and the
Department of State described in paragraph (2), and the schedule
for implementing any actions so described.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, to the maximum extent practicable, but
may contain a classified annex, if necessary.
(d) Definition.--In this section, the term ``specified congressional
committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
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. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) <<NOTE: 22 USC 5852 note.>> 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.
[[Page 122 STAT. 411]]
(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,
$92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(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, $47,986,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction initiatives that
are outside the former Soviet Union, $10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(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--
[[Page 122 STAT. 412]]
(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 the safe
and secure transportation and storage, of chemical or biological
weapons, weapons components, weapons-related materials, and
their delivery vehicles.
``(2) Programs to facilitate safe and secure transportation
and storage of nuclear weapons, weapons components, and their
delivery vehicles.
``(3) Programs to prevent the proliferation of nuclear and
chemical weapons, weapons components, and weapons-related
military technology and expertise.
``(4) Programs to prevent the proliferation of biological
weapons, weapons components, and weapons-related military
technology and expertise, which may include activities that
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.
``(5) Programs to expand military-to-military and defense
contacts.''.
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General.--
(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.
[[Page 122 STAT. 413]]
(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) <<NOTE: 22 USC 5852 note.>> 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. 1305. 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 (22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``Subject to'' and all
that follows through ``the following:'' and inserting ``Subject
to the provisions of this section, the Secretary of Defense may
obligate and expend Cooperative Threat Reduction funds for a
fiscal year, and any Cooperative Threat Reduction funds for a
fiscal year before such fiscal year that remain available for
obligation, for a proliferation threat reduction project or
activity outside the states of the former Soviet Union if the
Secretary of Defense, with the concurrence of the Secretary of
State, determines each of the following:'';
(2) by striking subsection (c) and redesignating subsections
(d) and (e) as (c) and (d), respectively; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
``(c) Limitation on Availability of Funds.--
``(1) The Secretary of Defense may not obligate funds for a
project or activity under the authority in subsection (a) of
this section until the Secretary of Defense, with the
concurrence of the Secretary of State, makes each determination
specified in that subsection with respect to such project or
activity.
``(2) <<NOTE: Deadline. Notification.>> Not later than 10
days after obligating funds under the authority in subsection
(a) of this section for a project or activity, the Secretary of
Defense and the Secretary of State shall notify Congress in
writing of the determinations made under paragraph (1) with
respect to such project or activity, together with--
``(A) a justification for such determinations; and
``(B) a description of the scope and duration of
such project or activity.''.
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat Reduction
(CTR) Program should be strengthened and expanded, in part by
developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department of
Energy, the Department of State, and any other relevant
United States Government agency or department;
(B) include appropriate transparency and
accountability mechanisms, and legal frameworks and
agreements between the United States and CTR partner
countries;
(C) reflect engagement with non-governmental experts
on possible new options for the CTR Program;
[[Page 122 STAT. 414]]
(D) include work with the Russian Federation and
other countries to establish strong CTR partnerships
that, among other things--
(i) increase the role of scientists and
government officials of CTR partner countries in
designing CTR programs and projects; and
(ii) increase financial contributions and
additional commitments to CTR programs and
projects from Russia and other partner countries,
as appropriate, as evidence that the programs and
projects reflect national priorities and will be
sustainable;
(E) include broader international cooperation and
partnerships, and increased international contributions;
(F) incorporate a strong focus on national programs
and sustainability, which includes actions to address
concerns raised and recommendations made by the
Government Accountability Office, in its report of
February 2007 titled ``Progress Made in Improving
Security at Russian Nuclear Sites, but the Long-Term
Sustainability of U.S. Funded Security Upgrades is
Uncertain'', which pertain to the Department of Defense;
(G) continue to focus on the development of CTR
programs and projects that secure nuclear weapons;
secure and eliminate chemical and biological weapons and
weapons-related materials; and eliminate nuclear,
chemical, and biological weapons-related delivery
vehicles and infrastructure at the source; and
(H) include efforts to develop new CTR programs and
projects in Russia and the former Soviet Union, and in
countries and regions outside the former Soviet Union,
as appropriate and in the interest of United States
national security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the Middle
East; and
(B) activities relating to the denuclearization of
the Democratic People's Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not <<NOTE: Deadline.>> 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 analyze options for strengthening and expanding the CTR
Program.
(2) Matters to be included in study.--The Secretary shall
provide for the study under paragraph (1) to include--
(A) an assessment of new CTR initiatives described
in subsection (a); and
(B) an identification of options and recommendations
for strengthening and expanding the CTR Program.
(3) Submission of national academy of sciences report.--The
National Academy of Sciences shall submit to Congress a report
on the study under this subsection at the same time that such
report is submitted to the Secretary of Defense pursuant to
subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of the
report under subsection (b), the Secretary of Defense shall
[[Page 122 STAT. 415]]
submit to Congress a report on new CTR initiatives. The report
shall include--
(A) a summary of the results of the study carried
out under subsection (b);
(B) an assessment by the Secretary of the study; and
(C) a statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(2) Form.--The report shall be in unclassified form but may
include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise made
available for Cooperative Threat Reduction programs for fiscal year
2008, not more than $1,000,000 shall be obligated or expended to carry
out this section.
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.
(a) Definition.--In this section, the terms ``Shchuch'ye project''
and ``project'' mean the Cooperative Threat Reduction Program chemical
weapons destruction project located in the area of Shchuch'ye in the
Russian Federation.
(b) Report Required.--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 on the Shchuch'ye project. The
report shall include--
(1) a current and detailed cost estimate for completion of
the project, to include costs that will be borne by the United
States and Russia, respectively; and
(2) a specific strategic and operating plan for completion
of the project, which includes--
(A) the Department's plans to ensure robust project
management and oversight, including management and
oversight with respect to the performance of any
contractors;
(B) project quality assurance and sustainability
measures;
(C) metrics for measuring project progress with a
timetable for achieving goals, including initial systems
integration and start-up testing; and
(D) a projected project completion date.
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not <<NOTE: Deadline.>> 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 the capabilities and capacity 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.
[[Page 122 STAT. 416]]
(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 brief review of programs of the United States
Government and other governments, international organizations,
foundations, and other private sector entities 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 biological
weapons proliferation prevention with activities of other
departments and agencies of the United States, as appropriate,
in states outside of the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The National
Academy of Sciences shall submit to Congress a report on the study under
subsection (a) at the same time that such report is submitted to the
Secretary of Defense pursuant to subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of the
report required by subsection (a), the Secretary shall submit to
the Congress 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) A summary of the results of the study carried
out under subsection (a).
(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.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise made
available for Cooperative Threat Reduction programs for fiscal year
2008, not more than $1,000,000 may be obligated or expended to carry out
this section.
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.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
[[Page 122 STAT. 417]]
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 $1,349,094,000.
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 $23,080,384,000, of
which--
(1) $22,583,641,000 is for Operation and Maintenance;
(2) $134,482,000 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 $1,512,724,000, of which--
(1) $1,181,500,000 is for Operation and Maintenance;
(2) $312,800,000 is for Research, Development, Test, and
Evaluation; and
(3) $18,424,000 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 $938,022,000.
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
[[Page 122 STAT. 418]]
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.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2008, the
National Defense Stockpile Manager may obligate up to $44,825,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The <<NOTE: Notification.>> National
Defense Stockpile Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notification after the
end of the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority.--Section 3402(b) of the
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 98d
note), as amended by section 3302 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1788) and
section 3302 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3545), is amended by striking
``$600,000,000 before'' in paragraph (5) and inserting ``$710,000,000
by''.
(b) Fiscal Year 1999 Disposal Authority.--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 of
the Ronald W. Reagan National Defense Authorization Act for Year 2005
(Public Law 108-375; 118 Stat. 2193), section 3302 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3545), and section 3302(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2513), is amended by striking ``$1,016,000,000 by the end of fiscal year
2014'' in paragraph (7) and inserting ``$1,066,000,000 by the end of
fiscal year 2015''.
SEC. 1413. <<NOTE: 50 USC 98d note.>> 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.
[[Page 122 STAT. 419]]
(b) <<NOTE: Contracts. Deadline.>> Contingent Authority for
Additional Disposal.--
(1) In general.--If the Secretary of Defense enters into a
contract for 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 enters into a
contract for 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 to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives, written certification that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile under such paragraph is in the
interest of national defense;
(2) the disposal of the additional ferromanganese under such
paragraph will not cause disruption to the usual markets of
producers and processors of ferromanganese in the United States;
and
(3) the disposal of the additional ferromanganese under such
paragraph is consistent with the requirements and purpose of the
National Defense Stockpile.
(d) 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. 1414. <<NOTE: 50 USC 98d note.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> Secretary of Defense
may dispose of chrome metal under the authority of paragraph (1) or (2)
of subsection (b) only if the Secretary submits 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, written certification that--
[[Page 122 STAT. 420]]
(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) 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).
Subtitle C--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is 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.
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT
HOME.
(a) Role of Secretary of Defense.--Section 1511 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 411) is amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(3) The administration of the Retirement Home (including
administration for the provision of health care and medical care for
residents) shall remain under the direct authority, control, and
administration of the Secretary of Defense.''; and
(2) in subsection (h), by adding at the end the following
new sentence: ``The annual report shall include an assessment of
all aspects of each facility of the Retirement Home, including
the quality of care at the facility.''.
(b) Accreditation.--Subsection (g) of section 1511 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended to read as
follows:
``(g) Accreditation.--The Chief Operating Officer shall secure and
maintain accreditation by a nationally recognized civilian accrediting
organization for each aspect of each facility of the Retirement Home,
including medical and dental care, pharmacy, independent living, and
assisted living and nursing care.''.
(c) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by inserting
after the first sentence the following new sentence: ``The services
provided residents of the Retirement Home shall include appropriate
nonacute medical and dental services, pharmaceutical services, and
transportation of residents, which shall be provided at no cost to
residents.''.
(d) Senior Medical Advisor for Retirement Home.--
(1) Designation and duties of senior medical advisor.--The
Armed Forces Retirement Home Act of 1991
[[Page 122 STAT. 421]]
is amended by inserting after section 1513 (24 U.S.C. 413) the
following new section:
``SEC. 1513A. <<NOTE: 24 USC 413a.>> IMPROVED HEALTH CARE
OVERSIGHT OF RETIREMENT HOME.
``(a) Designation of Senior Medical Advisor.--(1) The Secretary of
Defense shall designate the Deputy Director of the TRICARE Management
Activity to serve as the Senior Medical Advisor for the Retirement Home.
``(2) The Deputy Director of the TRICARE Management Activity shall
serve as Senior Medical Advisor for the Retirement Home in addition to
performing all other duties and responsibilities assigned to the Deputy
Director of the TRICARE Management Activity at the time of the
designation under paragraph (1) or afterward.
``(b) Responsibilities.--(1) The Senior Medical Advisor shall
provide advice to the Secretary of Defense, the Under Secretary of
Defense for Personnel and Readiness, and the Chief Operating Officer
regarding the direction and oversight of the provision of medical,
preventive mental health, and dental care services at each facility of
the Retirement Home.
``(2) The Senior Medical Advisor shall also provide advice to the
Local Board for a facility of the Retirement Home regarding all medical
and medical administrative matters of the facility.
``(c) Duties.--In carrying out the responsibilities set forth in
subsection (b), the Senior Medical Advisor shall perform the following
duties:
``(1) Ensure the timely availability to residents of the
Retirement Home, at locations other than the Retirement Home, of
such acute medical, mental health, and dental care as such
resident may require that is not available at the applicable
facility of the Retirement Home.
``(2) Ensure compliance by the facilities of the Retirement
Home with accreditation standards, applicable health care
standards of the Department of Veterans Affairs, or any other
applicable health care standards and requirements (including
requirements identified in applicable reports of the Inspector
General of the Department of Defense).
``(3) Periodically visit and inspect the medical facilities
and medical operations of each facility of the Retirement Home.
``(4) Periodically examine and audit the medical records and
administration of the Retirement Home.
``(5) Consult with the Local Board for each facility of the
Retirement Home not less frequently than once each year.
``(d) Advisory Bodies.--In carrying out the responsibilities set
forth in subsection (b) and the duties set forth in subsection (c), the
Senior Medical Advisor may establish and seek the advice of such
advisory bodies as the Senior Medical Advisor considers appropriate.''.
(2) Clerical amendment.--The table of contents in section
1501(b) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 401 note) is amended by inserting after the item relating
to section 1513 the following new item:
``1513A. Improved health care oversight of Retirement Home.''.
(e) Local Boards of Trustees.--
[[Page 122 STAT. 422]]
(1) Duties.--Subsection (b) of section 1516 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended to
read as follows:
``(b) Duties.--(1) The Local Board for a facility shall serve in an
advisory capacity to the Director of the facility and to the Chief
Operating Officer.
``(2) The Local Board for a facility shall provide to the Chief
Operating Officer and the Director of the facility such guidance and
recommendations on the administration of the facility as the Local Board
considers appropriate.
``(3) Not less often than annually, the Local Board for a facility
shall provide to the Under Secretary of Defense for Personnel and
Readiness an assessment of all aspects of the facility, including the
quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection (c) of such
section is amended to read as follows:
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces, who shall be a
commissioned officer of the Armed Forces serving on active duty
in the grade of brigadier general, or in the case of the Navy or
Coast Guard, rear admiral (lower half).''.
(f) Inspection of Retirement Home.--Section 1518 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read as
follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Duty of Inspector General of the Department of Defense.--The
Inspector General of the Department of Defense shall have the duty to
inspect the Retirement Home.
``(b) Inspections by Inspector General.--(1) In any year in which a
facility of the Retirement Home is not inspected by a nationally
recognized civilian accrediting organization, the Inspector General of
the Department of Defense shall perform a comprehensive inspection of
all aspects of that facility, including independent living, assisted
living, medical and dental care, pharmacy, financial and contracting
records, and any aspect of either facility on which the Local Board for
the facility or the resident advisory committee or council of the
facility recommends inspection.
``(2) The Inspector General shall be assisted in inspections under
this subsection by a medical inspector general of a military department
designated for purposes of this subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the Retirement
Home under this subsection, the Inspector General shall solicit
concerns, observations, and recommendations from the Local Board for the
facility, the resident advisory committee or council of the facility,
and the residents of the facility. Any concerns, observations, and
recommendations solicited from residents shall be solicited on a not-
for-attribution basis.
``(4) The Chief Operating Officer and the Director of each facility
of the Retirement Home shall make all staff, other personnel, and
records of each facility available to the Inspector General in a timely
manner for purposes of inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) The
Inspector General shall prepare a report describing the results of each
inspection conducted of a facility of the Retirement Home
[[Page 122 STAT. 423]]
under subsection (b), and include in the report such recommendations as
the Inspector General considers appropriate in light of the inspection.
Not later than 45 days after completing the inspection of the facility,
the Inspector General shall submit the report to Congress and the
Secretary of Defense, the Under Secretary of Defense for Personnel and
Readiness, the Chief Operating Officer, the Director of the facility,
the Senior Medical Advisor, and the Local Board for the facility.
``(2) Not later than 45 days after receiving a report of the
Inspector General under paragraph (1), the Director of the facility
concerned shall submit to the Secretary of Defense, the Under Secretary
of Defense for Personnel and Readiness, the Chief Operating Officer, and
the Local Board for the facility, and to Congress, a plan to address the
recommendations and other matters set forth in the report.
``(d) Additional Inspections.--(1) The Chief Operating Officer shall
request the inspection of each facility of the Retirement Home by a
nationally recognized civilian accrediting organization in accordance
with section 1511(g).
``(2) The Chief Operating Officer and the Director of a facility
being inspected under this subsection shall make all staff, other
personnel, and records of the facility available to the civilian
accrediting organization in a timely manner for purposes of inspections
under this subsection.
``(e) Reports on Additional Inspections.--(1) Not later than 45 days
after receiving a report of an inspection from the civilian accrediting
organization under subsection (d), the Director of the facility
concerned shall submit to the Under Secretary of Defense for Personnel
and Readiness, the Chief Operating Officer, and the Local Board for the
facility a report containing--
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and other
matters set forth in the report.
``(2) Not later than 45 days after receiving a report and plan under
paragraph (1), the Secretary of Defense shall submit the report and plan
to Congress.''.
(g) Armed Forces Retirement Home Trust Fund.--Section 1519 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419) is amended by
adding at the end the following new subsection:
``(d) Reporting Requirements.--The Chief Financial Officer of the
Armed Forces Retirement Home shall comply with the reporting
requirements of subchapter II of chapter 35 of title 31, United States
Code.''.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
[[Page 122 STAT. 424]]
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2008 to provide additional funds
for Operation Iraqi Freedom and Operation Enduring Freedom.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $2,086,864,000.
(2) For ammunition procurement, $513,600,000.
(3) For weapons and tracked combat vehicles procurement,
$7,289,697,000.
(4) For missile procurement, $641,764,000.
(5) For other procurement, $32,478,568,000.
SEC. 1503. 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, $3,908,458,000.
(2) For weapons procurement, $318,281,000.
(3) For other procurement, $1,870,597,000.
(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 $5,519,740,000.
(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
$609,890,000.
SEC. 1504. 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, $5,828,239,000.
(2) For ammunition procurement, $104,405,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,528,126,000.
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
for fiscal year 2008 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $4,541,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds
appropriated pursuant to the authorization of appropriations in
subsection (a).
[[Page 122 STAT. 425]]
(c) Revision of Management Plan.--The Secretary of Defense shall
revise the management plan required by section 1514(d) of the John
Warner National Defense Authorization Act for Fiscal Year 2007 to
identify projected transfers and obligations through September 30, 2008.
(d) Duration of Authority.--Section 1514(f) of the John Warner
National Defense Authorization Act for Fiscal Year <<NOTE: 120 Stat.
2439.>> 2007 is amended by striking ``September 30, 2009'' and
inserting ``September 30, 2010''.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the procurement account for Defense-wide activities in the amount of
$768,157,000.
SEC. 1507. 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, $183,299,000.
(2) For the Navy, $695,996,000.
(3) For the Air Force, $1,457,710,000.
(4) For Defense-wide activities, $1,320,088,000.
SEC. 1508. 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, $54,929,551,000.
(2) For the Navy, $6,249,793,000.
(3) For the Marine Corps, $4,674,688,000.
(4) For the Air Force, $10,798,473,000.
(5) For Defense-wide activities, $6,424,085,000.
(6) For the Army Reserve, $196,694,000.
(7) For the Navy Reserve, $83,407,000.
(8) For the Marine Corps Reserve, $68,193,000.
(9) For the Army National Guard, $757,008,000.
(10) For the Air Force Reserve, $24,266,000.
(11) For the Air National Guard, $103,267,000.
SEC. 1509. 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, $1,957,675,000.
(2) For the National Defense Sealift Fund, $5,110,000.
SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) 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 $1,137,442,000 for operation and maintenance.
(b) 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,
[[Page 122 STAT. 426]]
not otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide in the amount of $257,618,000.
(c) 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 $4,394,000 for
operation and maintenance.
SEC. 1511. 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
$207,500,000.
(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 <<NOTE: Deadline.>> 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. 1512. 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 $3,000,000,000.
(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.
[[Page 122 STAT. 427]]
(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.
(e) Notice to Congress.--Funds <<NOTE: Deadline.>> 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, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives, 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.
[[Page 122 STAT. 428]]
(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 <<NOTE: Termination date.>>
authorized to be appropriated or contributed to the Iraq Security Forces
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. 1513. 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 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
[[Page 122 STAT. 429]]
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, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives, 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 <<NOTE: Termination date.>>
authorized to be appropriated or contributed to the Afghanistan Security
Forces 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. 1514. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel accounts for fiscal year 2008 a total of
$17,912,510,000.
SEC. 1515. STRATEGIC READINESS FUND.
There is authorized to be appropriated $1,000,000,000 to the
Strategic Readiness Fund.
SEC. 1516. 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. 1517. 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
[[Page 122 STAT. 430]]
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 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.
TITLE XVI--WOUNDED <<NOTE: Wounded Warrior Act.>> WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or
illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
[[Page 122 STAT. 431]]
Sec. 1636. 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.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related
medical conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. 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.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
SEC. 1601. <<NOTE: 10 USC 1071 note.>> SHORT TITLE.
This title may be cited as the ``Wounded Warrior Act''.
SEC. 1602. <<NOTE: 10 USC 1071 note.>> GENERAL DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services, Veterans'
Affairs, and Appropriations of the Senate; and
(B) the Committees on Armed Services, Veterans'
Affairs, and Appropriations of the House of
Representatives.
[[Page 122 STAT. 432]]
(2) Benefits delivery at discharge program.--The term
``Benefits Delivery at Discharge Program'' means a program
administered jointly by the Secretary of Defense and the
Secretary of Veterans Affairs to provide information and
assistance on available benefits and other transition assistance
to members of the Armed Forces who are separating from the Armed
Forces, including assistance to obtain any disability benefits
for which such members may be eligible.
(3) Disability evaluation system.--The term ``Disability
Evaluation System'' means the following:
(A) A system or process of the Department of Defense
for evaluating the nature and extent of disabilities
affecting members of the Armed Forces that is operated
by the Secretaries of the military departments and is
comprised of medical evaluation boards, physical
evaluation boards, counseling of members, and mechanisms
for the final disposition of disability evaluations by
appropriate personnel.
(B) A system or process of the Coast Guard for
evaluating the nature and extent of disabilities
affecting members of the Coast Guard that is operated by
the Secretary of Homeland Security and is similar to the
system or process of the Department of Defense described
in subparagraph (A).
(4) Eligible family member.--The term ``eligible family
member'', with respect to a recovering service member, means a
family member (as defined in section 411 h(b) of title 37,
United States Code) who is on invitational travel orders or
serving as a non-medical attendee while caring for the
recovering service member for more than 45 days during a one-
year period.
(5) Medical care.--The term ``medical care'' includes mental
health care.
(6) Outpatient status.--The term ``outpatient status'', with
respect to a recovering service member, means the status of a
recovering service member assigned to--
(A) a military medical treatment facility as an
outpatient; or
(B) a unit established for the purpose of providing
command and control of members of the Armed Forces
receiving medical care as outpatients.
(7) Recovering service member.--The term ``recovering
service member'' 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 and is in an
outpatient status while recovering from a serious injury or
illness related to the member's military service.
(8) Serious injury or illness.--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.
(9) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United
States Code.
[[Page 122 STAT. 433]]
SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE
MEMBERS AND VETERANS.
(a) In General.--In developing and implementing the policy required
by section 1611(a), 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 gender-specific needs of recovering service members
and 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 gender-specific needs of recovering service members
and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
SEC. 1611. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON
IMPROVEMENTS TO CARE, MANAGEMENT, AND TRANSITION OF
RECOVERING SERVICE MEMBERS.
(a) Comprehensive Policy Required.--
(1) In general.--Not <<NOTE: Deadline.>> later than July 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 improvements to the care,
management, and transition of recovering service members.
(2) Scope of policy.--The policy shall cover each of the
following:
(A) The care and management of recovering service
members.
(B) The medical evaluation and disability evaluation
of recovering service members.
(C) The return of service members who have recovered
to active duty when appropriate.
(D) The transition of recovering service members
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 <<NOTE: Deadline.>> 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
following:
(A) The results of the reviews required under
subsections (b) and (c).
(B) Best practices identified through pilot programs
carried out under this title.
[[Page 122 STAT. 434]]
(C) Improvements to matters under the policy
otherwise identified and agreed upon by the Secretary of
Defense and the Secretary of Veterans Affairs.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy required by
subsection (a), 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 recovering service members for purposes of--
(A) incorporating such approaches into the policy;
and
(B) extending such approaches, where applicable, to
the 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 of recovering service
members;
(B) identify among such policies and procedures
existing and potential shortfalls in the care and
management of recovering service members (including care
and management of recovering service members 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, where appropriate, in the application of
such policies and procedures--
(i) among the military departments;
(ii) among the Veterans Integrated Services
Networks (VISNs) of the Department of Veterans
Affairs; and
(iii) between the military departments and the
Veterans Integrated Services Networks; and
(D) <<NOTE: Recommenda- tions.>> 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 Existing Findings, Recommendations, and
Practices.--In developing the policy required by subsection (a), 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.
[[Page 122 STAT. 435]]
(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 Year 2004 (Public Law 108-
136; 117 Stat. 1676; 38 U.S.C. 1101 note).
(E) The President's Task Force to Improve Health
Care Delivery for Our Nation's Veterans, of March 2003.
(F) The Report of the Congressional Commission on
Servicemembers and Veterans Transition Assistance, of
1999, chaired by Anthony J. Principi.
(G) The President's Commission on Veterans'
Pensions, of 1956, chaired by General Omar N. Bradley.
(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) Training and Skills of Health Care Professionals, Recovery Care
Coordinators, Medical Care Case Managers, and Non-Medical Care Managers
for Recovering Service Members.--
(1) <<NOTE: Standards.>> In general.--The policy required
by subsection (a) shall provide for uniform standards among the
military departments for the training and skills of health care
professionals, recovery care coordinators, medical care case
managers, and non-medical care managers for recovering service
members under subsection (e) in order to ensure that such
personnel are able to--
(A) detect early warning signs of post-traumatic
stress disorder (PTSD), suicidal or homicidal thoughts
or behaviors, and other behavioral health concerns among
recovering service members; and
(B) promptly notify appropriate health care
professionals following detection of such signs.
(2) Tracking of notifications.--In providing for uniform
standards under paragraph (1), the policy shall include a
mechanism or system to track the number of notifications made by
recovery care coordinators, medical care case managers, and non-
medical care managers to health care professionals under
paragraph (1)(A) regarding early warning signs of post-traumatic
stress disorder and suicide in recovering service members.
(e) Services for Recovering Service Members.--The policy required by
subsection (a) shall provide for improvements as follows with respect to
the care, management, and transition of recovering service members:
(1) Comprehensive recovery plan for recovering service
members.--The <<NOTE: Standards. Procedures.>> policy shall
provide for uniform standards and procedures for the development
of a comprehensive recovery plan for each recovering service
member that covers
[[Page 122 STAT. 436]]
the full spectrum of care, management, transition, and
rehabilitation of the service member during recovery.
(2) Recovery care coordinators for recovering service
members.--
(A) In general.--The policy shall provide for a
uniform program for the assignment to recovering service
members of recovery care coordinators having the duties
specified in subparagraph (B).
(B) Duties.--The duties under the program of a
recovery care coordinator for a recovering service
member shall include, but not be limited to, overseeing
and assisting the service member in the service member's
course through the entire spectrum of care, management,
transition, and rehabilitation services available from
the Federal Government, including services provided by
the Department of Defense, the Department of Veterans
Affairs, the Department of Labor, and the Social
Security Administration.
(C) Limitation on number of service members managed
by coordinators.--The <<NOTE: Waiver authority.>>
maximum number of recovering service members whose cases
may be assigned to a recovery care coordinator under the
program at any one time shall be such number as the
policy shall specify, except that the Secretary of the
military department concerned may waive such limitation
with respect to a given coordinator for not more than
120 days in the event of unforeseen circumstances (as
specified in the policy).
(D) Training.--The policy shall specify standard
training requirements and curricula for recovery care
coordinators under the program, including a requirement
for successful completion of the training program before
a person may assume the duties of such a coordinator.
(E) Resources.--The policy shall include mechanisms
to ensure that recovery care coordinators under the
program have the resources necessary to expeditiously
carry out the duties of such coordinators under the
program.
(F) Supervision.--The <<NOTE: Requirements.>>
policy shall specify requirements for the appropriate
rank or grade, and appropriate occupation, for persons
appointed to head and supervise recovery care
coordinators.
(3) Medical care case managers for recovering service
members.--
(A) In general.--The policy shall provide for a
uniform program among the military departments for the
assignment to recovering service members of medical care
case managers having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program of a
medical care case manager for a recovering service
member (or the service member's immediate family or
other designee if the service member is incapable of
making judgments about personal medical care) shall
include, at a minimum, the following:
(i) Assisting in understanding the service
member's medical status during the care, recovery,
and transition of the service member.
(ii) Assisting in the receipt by the service
member of prescribed medical care during the care,
recovery, and transition of the service member.
[[Page 122 STAT. 437]]
(iii) Conducting a periodic review of the
medical status of the service member, which review
shall be conducted, to the extent practicable, in
person with the service member, or, whenever the
conduct of the review in person is not
practicable, with the medical care case manager
submitting to the manager's supervisor a written
explanation why the review in person was not
practicable (if the Secretary of the military
department concerned elects to require such
written explanations for purposes of the program).
(C) Limitation on number of service members managed
by managers.--The <<NOTE: Waiver authority.>> maximum
number of recovering service members whose cases may be
assigned to a medical care case manager under the
program at any one time shall be such number as the
policy shall specify, except that the Secretary of the
military department concerned may waive such limitation
with respect to a given manager for not more than 120
days in the event of unforeseen circumstances (as
specified in the policy).
(D) Training.--The policy shall specify standard
training requirements and curricula for medical care
case managers under the program, including a requirement
for successful completion of the training program before
a person may assume the duties of such a manager.
(E) Resources.--The policy shall include mechanisms
to ensure that medical care case managers under the
program have the resources necessary to expeditiously
carry out the duties of such managers under the program.
(F) Supervision at armed forces medical
facilities.--The policy <<NOTE: Requirements.>> shall
specify requirements for the appropriate rank or grade,
and appropriate occupation, for persons appointed to
head and supervise the medical care case managers at
each medical facility of the Armed Forces. Persons so
appointed may be appointed from the Army Medical Corps,
Army Medical Service Corps, Army Nurse Corps, Navy
Medical Corps, Navy Medical Service Corps, Navy Nurse
Corps, Air Force Medical Service, or other corps or
civilian health care professional, as applicable, at the
discretion of the Secretary of Defense.
(4) Non-medical care managers for recovering service
members.--
(A) In general.--The policy shall provide for a
uniform program among the military departments for the
assignment to recovering service members of non-medical
care managers having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program of a non-
medical care manager for a recovering service member
shall include, at a minimum, the following:
(i) Communicating with the service member and
with the service member's family or other
individuals designated by the service member
regarding non-medical matters that arise during
the care, recovery, and transition of the service
member.
(ii) Assisting with oversight of the service
member's welfare and quality of life.
[[Page 122 STAT. 438]]
(iii) Assisting the service member in
resolving problems involving financial,
administrative, personnel, transitional, and other
matters that arise during the care, recovery, and
transition of the service member.
(C) Duration of duties.--The policy shall provide
that a non-medical care manager shall perform duties
under the program for a recovering service member until
the service member is returned to active duty or retired
or separated from the Armed Forces.
(D) Limitation on number of service members managed
by managers.--The <<NOTE: Waiver authority.>> maximum
number of recovering service members whose cases may be
assigned to a non-medical care manager under the program
at any one time shall be such number as the policy shall
specify, except that the Secretary of the military
department concerned may waive such limitation with
respect to a given manager for not more than 120 days in
the event of unforeseen circumstances (as specified in
the policy).
(E) Training.--The <<NOTE: Requirements.>> policy
shall specify standard training requirements and
curricula among the military departments for non-medical
care managers under the program, including a requirement
for successful completion of the training program before
a person may assume the duties of such a manager.
(F) Resources.--The policy shall include mechanisms
to ensure that non-medical care managers under the
program have the resources necessary to expeditiously
carry out the duties of such managers under the program.
(G) Supervision at armed forces medical
facilities.--The policy <<NOTE: Requirements.>> shall
specify requirements for the appropriate rank and
occupational speciality for persons appointed to head
and supervise the non-medical care managers at each
medical facility of the Armed Forces.
(5) Access of recovering service members to non-urgent
health care from the department of defense or other providers
under tricare.--
(A) In general.--The <<NOTE: Standards.>> policy
shall provide for appropriate minimum standards for
access of recovering service members to non-urgent
medical care and other health care services as follows:
(i) In medical facilities of the Department of
Defense.
(ii) Through the TRICARE program.
(B) Maximum waiting times for certain care.--The
standards for access under subparagraph (A) shall
include such standards on maximum waiting times of
recovering service members as the policy shall specify
for care that includes, but is not limited to, the
following:
(i) Follow-up care.
(ii) Specialty care.
(iii) Diagnostic referrals and studies.
(iv) Surgery based on a physician's
determination of medical necessity.
(C) Waiver by recovering service members.--The
policy shall permit any recovering service member to
waive
[[Page 122 STAT. 439]]
a standard for access under this paragraph under such
circumstances and conditions as the policy shall
specify.
(6) Assignment of recovering service members to locations of
care.--
(A) In general.--The <<NOTE: Guidelines.>> policy
shall provide for uniform guidelines among the military
departments for the assignment of recovering service
members to a location of care, including guidelines that
provide for the assignment of recovering service
members, when medically appropriate, to care and
residential facilities closest to their duty station or
home of record or the location of their designated care
giver at the earliest possible time.
(B) <<NOTE: Guidelines. Procedures.>> Reassignment
from deficient facilities.--The policy shall provide for
uniform guidelines and procedures among the military
departments for the reassignment of recovering service
members from a medical or medical-related support
facility determined by the Secretary of Defense to
violate the standards required by section 1648 to
another appropriate medical or medical-related support
facility until the correction of violations of such
standards at the medical or medical-related support
facility from which such service members are reassigned.
(7) <<NOTE: Standards.>> Transportation and subsistence for
recovering service members.--The policy shall provide for
uniform standards among the military departments on the
availability of appropriate transportation and subsistence for
recovering service members to facilitate their obtaining needed
medical care and services.
(8) Work and duty assignments for recovering service
members.--The policy <<NOTE: Criteria.>> shall provide for
uniform criteria among the military departments for the
assignment of recovering service members to work and duty
assignments that are compatible with their medical conditions.
(9) Access of recovering service members to educational and
vocational training and <<NOTE: Standards.>> rehabilitation.--
The policy shall provide for uniform standards among the
military departments on the provision of educational and
vocational training and rehabilitation opportunities for
recovering service members at the earliest possible point in
their recovery.
(10) <<NOTE: Procedures.>> Tracking of recovering service
members.--The policy shall provide for uniform procedures among
the military departments on tracking recovering service members
to facilitate--
(A) locating each recovering service member; and
(B) tracking medical care appointments of recovering
service members to ensure timeliness and compliance of
recovering service members with appointments, and other
physical and evaluation timelines, and to provide any
other information needed to conduct oversight of the
care, management, and transition of recovering service
members.
(11) Referrals of recovering service members to other care
and services providers.--The
policy <<NOTE: Policies. Procedures. Criteria.>> shall provide
for uniform policies, procedures, and criteria among the
military departments on the referral of recovering service
members to the Department of Veterans Affairs and other private
and
[[Page 122 STAT. 440]]
public entities (including universities and rehabilitation
hospitals, centers, and clinics) in order to secure the most
appropriate care for recovering service members, which policies,
procedures, and criteria shall take into account, but not be
limited to, the medical needs of recovering service members and
the geographic location of available necessary recovery care
services.
(f) Services for Families of Recovering Service Members.--The policy
required by subsection (a) shall provide for improvements as follows
with respect to services for families of recovering service members:
(1) Support for family members of recovering service
members.--The policy <<NOTE: Guidelines.>> shall provide for
uniform guidelines among the military departments on the
provision by the military departments of support for family
members of recovering service members who are not otherwise
eligible for care under section 1672 in caring for such service
members during their recovery.
(2) Advice and training for family members of recovering
service members.--The <<NOTE: Requirements. Standards.>> policy
shall provide for uniform requirements and standards among the
military departments on the provision by the military
departments of advice and training, as appropriate, to family
members of recovering service members with respect to care for
such service members during their recovery.
(3) Measurement of satisfaction of family members of
recovering service members with quality of health care
services.--The <<NOTE: Procedures.>> policy shall provide for
uniform procedures among the military departments on the
measurement of the satisfaction of family members of recovering
service members with the quality of health care services
provided to such service members during their recovery.
(4) Job placement services for family members of recovering
service members.--The <<NOTE: Procedures.>> policy shall
provide for procedures for application by eligible family
members during a one-year period for job placement services
otherwise offered by the Department of Defense.
(g) Outreach to Recovering Service Members and Their Families on
Comprehensive Policy.--The <<NOTE: Procedures.>> policy required by
subsection (a) shall include procedures and mechanisms to ensure that
recovering service members and their families are fully informed of the
policies required by this section, including policies on medical care
for recovering service members, on the management and transition of
recovering service members, and on the responsibilities of recovering
service members and their family members throughout the continuum of
care and services for recovering service members under this section.
(h) Applicability of Comprehensive Policy to Recovering Service
Members on Temporary Disability Retired <<NOTE: Regulations.>> List.--
Appropriate elements of the policy required by this section shall apply
to recovering service members whose names are placed on the temporary
disability retired list in such manner, and subject to such terms and
conditions, as the Secretary of Defense shall prescribe in regulations
for purposes of this subsection.
[[Page 122 STAT. 441]]
SEC. 1612. <<NOTE: 10 USC 1071 note.>> MEDICAL EVALUATIONS AND PHYSICAL
DISABILITY EVALUATIONS OF RECOVERING SERVICE MEMBERS.
(a) Medical Evaluations of Recovering Service Members.--
(1) In general.--Not <<NOTE: Deadline. Policy.>> later than
July 1, 2008, the Secretary of Defense shall develop a policy on
improvements to the processes, procedures, and standards for the
conduct by the military departments of medical evaluations of
recovering service members.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection shall
include and address the following:
(A) Processes for medical evaluations of recovering
service members that--
(i) apply uniformly throughout the military
departments; and
(ii) apply uniformly with respect to
recovering service members who are members of the
regular components of the Armed Forces and
recovering service members who are members of the
National Guard and Reserve.
(B) Standard criteria and definitions for
determining the achievement for recovering service
members of the maximum medical benefit from treatment
and rehabilitation.
(C) Standard timelines for each of the following:
(i) Determinations of fitness for duty of
recovering service members.
(ii) Specialty care consultations for
recovering service members.
(iii) Preparation of medical documents for
recovering service members.
(iv) Appeals by recovering service members of
medical evaluation determinations, including
determinations of fitness for duty.
(D) Procedures for ensuring that--
(i) upon request of a recovering service
member being considered by a medical evaluation
board, a physician or other appropriate health
care professional who is independent of the
medical evaluation board is assigned to the
service member; and
(ii) the physician or other health care
professional assigned to a recovering service
member under clause (i)--
(I) serves as an independent source
for review of the findings and
recommendations of the medical
evaluation board;
(II) provides the service member
with advice and counsel regarding the
findings and recommendations of the
medical evaluation board; and
(III) advises the service member on
whether the findings of the medical
evaluation board adequately reflect the
complete spectrum of injuries and
illness of the service member.
(E) Standards for qualifications and training of
medical evaluation board personnel, including
physicians, case
[[Page 122 STAT. 442]]
workers, and physical disability evaluation board
liaison officers, in conducting medical evaluations of
recovering service members.
(F) Standards for the maximum number of medical
evaluation cases of recovering service members 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.
(G) Standards for information for recovering service
members, and their families, on the medical evaluation
board process and the rights and responsibilities of
recovering service members under that process, including
a standard handbook on such information (which handbook
shall also be available electronically).
(b) Physical Disability Evaluations of Recovering Service Members.--
(1) In general.--Not <<NOTE: Deadline. Policy.>> later than
July 1, 2008, the Secretary of Defense and the Secretary of
Veterans Affairs shall develop a policy on improvements to the
processes, procedures, and standards for the conduct of physical
disability evaluations of recovering service members by the
military departments and by the Department of Veterans Affairs.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection shall
include and address the following:
(A) A clearly-defined process of the Department of
Defense and the Department of Veterans Affairs for
disability determinations of recovering service members.
(B) To the extent feasible, procedures to eliminate
unacceptable discrepancies and improve consistency among
disability ratings assigned by the military departments
and the Department of Veterans Affairs, particularly in
the disability evaluation of recovering service members,
which procedures shall be subject to the following
requirements and limitations:
(i) Such procedures shall apply uniformly with
respect to recovering service members who are
members of the regular components of the Armed
Forces and recovering service members 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 recovering
service member, except as otherwise authorized by
section 1216a of title 10, United States Code (as
added by section 1642 of this Act).
(C) Uniform timelines among the military departments
for appeals of determinations of disability of
recovering service members, including timelines for
presentation, consideration, and disposition of appeals.
(D) Uniform standards among the military departments
for qualifications and training of physical disability
[[Page 122 STAT. 443]]
evaluation board personnel, including physical
evaluation board liaison personnel, in conducting
physical disability evaluations of recovering service
members.
(E) Uniform standards among the military departments
for the maximum number of physical disability evaluation
cases of recovering service members 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.
(F) Uniform standards and procedures among the
military departments for the provision of legal counsel
to recovering service members while undergoing
evaluation by a physical disability evaluation board.
(G) Uniform standards among the military departments
on the roles and responsibilities of non-medical care
managers under section 1611(e)(4) and judge advocates
assigned to recovering service members undergoing
evaluation by a physical disability board, and uniform
standards on the maximum number of cases involving such
service members that are to be assigned to judge
advocates at any one time.
(c) Assessment of Consolidation of Department of Defense and
Department of Veterans Affairs Disability Evaluation Systems.--
(1) In general.--The <<NOTE: Reports.>> Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
submit to the appropriate committees of Congress a report on the
feasability and advisability of consolidating the disability
evaluation systems of the military departments and the
disability evaluation system of the Department of Veterans
Affairs into a single disability evaluation system. The report
shall be submitted together with the report required by section
1611(a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the feasability and
advisability of consolidating the disability evaluation
systems described in paragraph (1) as specified in that
paragraph.
(B) If the consolidation of the systems is
considered feasible and advisable--
(i) recommendations for various options for
consolidating the systems as specified in
paragraph (1); and
(ii) recommendations for mechanisms to
evaluate and assess any progress made in
consolidating the systems as specified in that
paragraph.
SEC. 1613. <<NOTE: 10 USC 1071 note.>> RETURN OF RECOVERING SERVICE
MEMBERS TO ACTIVE DUTY IN THE ARMED FORCES.
The <<NOTE: Standards.>> Secretary of Defense shall establish
standards for determinations by the military departments on the return
of recovering service members to active duty in the Armed Forces.
SEC. 1614. <<NOTE: Processes. Procedures. Standards. 10 USC 1071
note.>> TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE
AND TREATMENT THROUGH THE DEPARTMENT OF DEFENSE TO CARE,
TREATMENT, AND REHABILITATION THROUGH THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not <<NOTE: Deadline.>> later than July 1, 2008,
the Secretary of Defense and the Secretary of Veterans Affairs shall
jointly
[[Page 122 STAT. 444]]
develop and implement processes, procedures, and standards for the
transition of recovering service members from care and treatment through
the Department of Defense to care, treatment, and rehabilitation through
the Department of Veterans Affairs.
(b) Elements.--The processes, procedures, and standards required
under this section shall include the following:
(1) Uniform, patient-focused procedures to ensure that the
transition described in subsection (a) occurs without gaps in
medical care and in the quality of medical care, benefits, and
services.
(2) Procedures for the identification and tracking of
recovering service members during the transition, and for the
coordination of care and treatment of recovering service members
during the transition, including a system of cooperative case
management of recovering service members by the Department of
Defense and the Department of Veterans Affairs during the
transition.
(3) Procedures for the notification of Department of
Veterans Affairs liaison personnel of the commencement by
recovering service members of the medical evaluation process and
the physical disability evaluation process.
(4) Procedures and timelines for the enrollment of
recovering service members in applicable enrollment or
application systems of the Department of Veterans Affairs with
respect to health care, disability, education, vocational
rehabilitation, or other benefits.
(5) Procedures to ensure the access of recovering service
members during the transition to vocational, educational, and
rehabilitation benefits available through the Department of
Veterans Affairs.
(6) 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.
(7) Standards and procedures for integrated medical care and
management of recovering service members 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 recovering
service members before, during, and after their separation from
military service.
(8) Standards for the preparation of detailed plans for the
transition of recovering service members from care and treatment
by the Department of Defense to care, treatment, and
rehabilitation by the Department of Veterans Affairs, which
plans shall--
(A) be based on standardized elements with respect
to care and treatment requirements and other applicable
requirements; and
(B) take into account the comprehensive recovery
plan for the recovering service member concerned as
developed under section 1611(e)(1).
(9) Procedures to ensure that each recovering service member
who is being retired or separated under chapter 61 of title 10,
United States Code, receives a written transition plan, prior to
the time of retirement or separation, that--
[[Page 122 STAT. 445]]
(A) specifies the recommended schedule and
milestones for the transition of the service member from
military service;
(B) provides for a coordinated transition of the
service member from the Department of Defense disability
evaluation system to the Department of Veterans Affairs
disability system; and
(C) includes information and guidance designed to
assist the service member in understanding and meeting
the schedule and milestones specified under subparagraph
(A) for the service member's transition.
(10) Procedures for the transmittal from the Department of
Defense to the Department of Veterans Affairs of records and any
other required information on each recovering service member
described in paragraph (9), which procedures shall provide for
the transmission from the Department of Defense to the
Department of Veterans Affairs of records and information on the
service member as follows:
(A) The address and contact information of the
service member.
(B) The DD-214 discharge form of the service member,
which shall be transmitted under such procedures
electronically.
(C) A copy of the military service record of the
service member, including medical records and any
results of a physical evaluation board.
(D) Information on whether the service member is
entitled to transitional health care, a conversion
health policy, or other health benefits through the
Department of Defense under section 1145 of title 10,
United States Code.
(E) A copy of any request of the service member for
assistance in enrolling in, or completed applications
for enrollment in, the health care system of the
Department of Veterans Affairs for health care benefits
for which the service member may be eligible under laws
administered by the Secretary of Veterans Affairs.
(F) A copy of any request by the service member for
assistance in applying for, or completed applications
for, compensation and vocational rehabilitation benefits
to which the service member may be entitled under laws
administered by the Secretary of Veterans Affairs.
(11) A process to ensure that, before transmittal of medical
records of a recovering service member to the Department of
Veterans Affairs, the Secretary of Defense ensures that the
service member (or an individual legally recognized to make
medical decisions on behalf of the service member) authorizes
the transfer of the medical records of the service member from
the Department of Defense to the Department of Veterans Affairs
pursuant to the Health Insurance Portability and Accountability
Act of 1996.
(12) Procedures to ensure that, with the consent of the
recovering service member concerned, the address and contact
information of the service member is transmitted to the
department or agency for veterans affairs of the State in which
the service member intends to reside after the retirement or
separation of the service member from the Armed Forces.
[[Page 122 STAT. 446]]
(13) Procedures to ensure that, before the transmittal of
records and other information with respect to a recovering
service member under this section, a meeting regarding the
transmittal of such records and other information occurs among
the service member, appropriate family members of the service
member, representatives of the Secretary of the military
department concerned, and representatives of the Secretary of
Veterans Affairs, with at least 30 days advance notice of the
meeting being given to the service member unless the service
member waives the advance notice requirement in order to
accelerate transmission of the service member's records and
other information to the Department of Veterans Affairs.
(14) Procedures to ensure that the Secretary of Veterans
Affairs gives appropriate consideration to a written statement
submitted to the Secretary by a recovering service member
regarding the transition.
(15) Procedures to provide access for the Department of
Veterans Affairs to the military health records of recovering
service members who are receiving care and treatment, or are
anticipating receipt of care and treatment, in Department of
Veterans Affairs health care facilities, which procedures shall
be consistent with the procedures and requirements in paragraphs
(11) and (13).
(16) A process for the utilization of a joint separation and
evaluation physical examination that meets the requirements of
both the Department of Defense and the Department of Veterans
Affairs in connection with the medical separation or retirement
of a recovering service member from military service and for use
by the Department of Veterans Affairs in disability evaluations.
(17) Procedures for 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 recovering service members, and to
facilitate appropriate oversight by supervisory personnel of the
provision of such care and services.
(18) Procedures to ensure the participation of recovering
service members who are members of the National Guard or Reserve
in the Benefits Delivery at Discharge Program, including
procedures to ensure that, to the maximum extent feasible,
services under the Benefits Delivery at Discharge Program are
provided to recovering service members at--
(A) appropriate military installations;
(B) appropriate armories and military family support
centers of the National Guard;
(C) appropriate military medical care facilities at
which members of the Armed Forces are separated or
discharged from the Armed Forces; and
(D) in the case of a member on the temporary
disability retired list under section 1202 or 1205 of
title 10, United States Code, who is being retired under
another provision of such title or is being discharged,
at a location reasonably convenient to the member.
SEC. 1615. REPORTS.
(a) Report on Policy.--Upon the development of the policy required
by subsection (a) of section 1611 but not later than July
[[Page 122 STAT. 447]]
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 detailed
elements of the policy specified in subsections (d) through (h) of
section 1611, and the findings and recommendations of the reviews under
subsections (b) and (c) of section 1611.
(b) Interim Report on Policy.--Not later than February 1, 2008, the
Secretary of Defense and the Secretary of Veterans Affairs shall jointly
submit to the appropriate committees of Congress an interim report on
the policy, which shall include a comprehensive and detailed description
of the matters specified in subsection (a) current as of the date of
such interim report.
(c) Report on Update of Policy.--Upon updating the policy under
section 1611(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.
(d) Comptroller General Assessment of Implementation of Policy.--
(1) In general.--Not <<NOTE: Deadline. Reports.>> later
than six months after the date of the enactment of this Act and
every year thereafter through 2010, 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 section
1611(a). <<NOTE: Certification.>> Each report shall include a
certification by the Comptroller General as to whether the
Comptroller General has had timely access to sufficient
information to enable the Comptroller General to make informed
judgments on the matters covered by the report.
(2) Access information.--The Secretary of Defense and the
Secretary of Veterans Affairs shall facilitate the ability of
the Comptroller General to conduct any review required for a
report under this subsection within the time period required for
such report, including prompt and complete access to such
information as the Comptroller General considers necessary to
perform such review.
(e) Report on Reduction in Disability Ratings by the Department of
Defense.--Not later than February 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on the number of instances during the period
beginning on October 7, 2001, and ending on September 30, 2006, in which
a disability rating assigned to a member of the Armed Forces by an
informal physical evaluation board of the Department of Defense was
reduced upon appeal, and the reasons for such reduction.
SEC. 1616. <<NOTE: 10 USC 1071 note.>> ESTABLISHMENT OF A WOUNDED
WARRIOR RESOURCE CENTER.
(a) Establishment.--The Secretary of Defense shall establish a
wounded warrior resource center (in this section referred to as the
``center'') to provide wounded warriors, their families, and their
primary caregivers with a single point of contact for assistance with
reporting deficiencies in covered military facilities, obtaining
[[Page 122 STAT. 448]]
health care services, receiving benefits information, and any other
difficulties encountered while supporting wounded warriors. The
Secretary shall widely disseminate information regarding the existence
and availability of the center, including contact information, to
members of the Armed Forces and their dependents. In carrying out this
subsection, the Secretary may use existing infrastructure and
organizations but shall ensure that the center has the ability to
separately keep track of calls from wounded warriors.
(b) Access.--The <<NOTE: Website. Communications and telecommu-
nications.>> center shall provide multiple methods of access, including
at a minimum an Internet website and a toll-free telephone number
(commonly referred to as a ``hot line'') at which personnel are
accessible at all times to receive reports of deficiencies or provide
information about covered military facilities, health care services, or
military benefits.
(c) Confidentiality.--
(1) Notification.--Individuals who seek to provide
information through the center under subsection (a) shall be
notified, immediately before they provide such information, of
their option to elect, at their discretion, to have their
identity remain confidential.
(2) Prohibition on further disclosure.--In the case of
information provided through use of the toll-free telephone
number by an individual who elects to maintain the
confidentiality of his or her identity, any individual who, by
necessity, has had access to such information for purposes of
investigating or responding to the call as required under
subsection (d) may not disclose the identity of the individual
who provided the information.
(d) Functions.--The center shall perform the following functions:
(1) Call tracking.--The center shall be responsible for
documenting receipt of a call, referring the call to the
appropriate office within a military department for answer or
investigation, and tracking the formulation and notification of
the response to the call.
(2) Investigation and response.--The <<NOTE: Deadline.>>
center shall be responsible for ensuring that, not later than 96
hours after a call--
(A) if a report of deficiencies is received in a
call--
(i) any deficiencies referred to in the call
are investigated;
(ii) if substantiated, a plan of action for
remediation of the deficiencies is developed and
implemented; and
(iii) if requested, the individual who made
the report is notified of the current status of
the report; or
(B) if a request for information is received in a
call--
(i) the information requested by the caller is
provided by the center;
(ii) all requests for information from the
call are referred to the appropriate office or
offices of a military department for response; and
(iii) the individual who made the report is
notified, at a minimum, of the current status of
the query.
(3) Final notification.--The center shall be responsible for
ensuring that, if requested, the caller is notified when
[[Page 122 STAT. 449]]
the deficiency has been corrected or when the request for
information has been fulfilled to the maximum extent
practicable, as determined by the Secretary.
(e) Definitions.--In this section:
(1) Covered military facility.--The term ``covered military
facility'' has the meaning provided in section 1648(b) of this
Act.
(2) Call.--The term ``call'' means any query or report that
is received by the center by means of the toll-free telephone
number or other source.
(f) Effective Dates.--
(1) Toll-free telephone number.--The toll-free telephone
number required to be established by subsection (a), shall be
fully operational not later than April 1, 2008.
(2) Internet website.--The Internet website required to be
established by subsection (a), shall be fully operational not
later than July 1, 2008.
SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED
SERVICE MEMBERS.
(a) Notification Required.--
(1) In general.--Chapter 55 of title 10, United States Code,
is further amended by inserting after section 1074k the
following new section:
``Sec. 1074l. Notification to Congress of hospitalization of combat
wounded members
``(a) Notification Required.--The Secretary concerned shall provide
notification of the hospitalization of any member of the armed forces
evacuated from a theater of combat and admitted to a military treatment
facility within the United States to the appropriate Members of
Congress.
``(b) Appropriate Members.--In this section, the term `appropriate
Members of Congress', with respect to the member of the armed forces
about whom notification is being made, means the Senators representing
the State, and the Member, Delegate, or Resident Commissioner of the
House of Representatives representing the district, that includes the
member's home of record or a different location as provided by the
member.
``(c) Consent of Member Required.--The notification under subsection
(a) may be provided only with the consent of the member of the armed
forces about whom notification is to be made. In the case of a member
who is unable to provide consent, information and consent may be
provided by next of kin.''.
(2) <<NOTE: 10 USC 1074l note.>> Effective date.--The
notification requirement under section 1074l(a) of title 10,
United States Code, as added by paragraph (1), shall apply
beginning 60 days after the date of the enactment of this Act.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1074l. Notification to Congress of hospitalization of combat wounded
members.''.
[[Page 122 STAT. 450]]
SEC. 1618. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE PLAN ON
PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF, AND RESEARCH ON, TRAUMATIC BRAIN INJURY,
POST-TRAUMATIC STRESS DISORDER, AND OTHER MENTAL HEALTH
CONDITIONS IN MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Statement of Policy.--The Secretary of Defense and
the Secretary of Veterans Affairs shall direct 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, and research on, traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions in members
of the Armed Forces, including planning for the seamless transition of
such members from care through the Department of Defense to care through
the Department of Veterans Affairs.
(b) Comprehensive Plan Required.--Not <<NOTE: Deadline.>> 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 a comprehensive
plan for programs and activities of the Department of Defense to
prevent, diagnose, mitigate, treat, research, and otherwise respond to
traumatic brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces, including--
(1) an assessment of the current capabilities of the
Department for the prevention, diagnosis, mitigation, treatment,
and rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces;
(2) the identification of gaps in current capabilities of
the Department for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces; and
(3) the identification of the resources required for the
Department in fiscal years 2009 through 2013 to address the gaps
in capabilities identified under paragraph (2).
(c) Program Required.--One of the programs contained in the
comprehensive plan submitted under subsection (b) shall be a Department
of Defense program, developed in collaboration with the Department of
Veterans Affairs, under which each member of the Armed Forces who incurs
a traumatic brain injury or post-traumatic stress disorder during
service in the Armed Forces--
(1) is enrolled in the program; and
(2) receives treatment and rehabilitation meeting a standard
of care such that each individual who qualifies for care under
the program shall--
(A) be provided the highest quality, evidence-based
care in facilities that most appropriately meet the
specific needs of the individual; and
(B) be rehabilitated to the fullest extent possible
using up-to-date evidence-based medical technology, and
physical and medical rehabilitation practices and
expertise.
(d) Provision of Information Required.--The comprehensive plan
submitted under subsection (b) shall require the provision of
information by the Secretary of Defense to members of the Armed Forces
with traumatic brain injury, post-traumatic stress
[[Page 122 STAT. 451]]
disorder, or other mental health conditions and their families about
their options with respect to the following:
(1) The receipt of medical and mental health care from the
Department of Defense and the Department of Veterans Affairs.
(2) Additional options available to such members for
treatment and rehabilitation of traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions.
(3) The options available, including obtaining a second
opinion, to such members for a referral to an authorized
provider under chapter 55 of title 10, United States Code, as
determined under regulations prescribed by the Secretary of
Defense.
(e) Additional Elements of Plan.--The comprehensive plan submitted
under subsection (b) shall include comprehensive proposals of the
Department on the following:
(1) Lead agent.--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) Detection and treatment.--The improvement of methods and
mechanisms for the detection and treatment of traumatic brain
injury, post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces in the field.
(3) Reduction of ptsd.--The development of a plan for
reducing post traumatic-stress disorder, incorporating evidence-
based preventive and early-intervention measures, practices, or
procedures that reduce the likelihood that personnel in combat
will develop post-traumatic stress disorder or other stress-
related conditions (including substance abuse conditions) into--
(A) basic and pre-deployment training for enlisted
members of the Armed Forces, noncommissioned officers,
and officers;
(B) combat theater operations; and
(C) post-deployment service.
(4) Research.--Requirements for research on traumatic brain
injury, post-traumatic stress disorder, and other mental health
conditions including (in particular) research on pharmacological
and other approaches to treatment for traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions, as applicable, and the allocation of priorities
among such research.
(5) Diagnostic criteria.--The development, adoption, and
deployment of joint Department of Defense-Department of Veterans
Affairs evidence-based diagnostic criteria for the detection and
evaluation of the range of traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions 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) Assessment.--The development and deployment of evidence-
based means of assessing traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in members
of the Armed Forces, including a system of pre-
[[Page 122 STAT. 452]]
deployment and post-deployment screenings of cognitive ability
in members for the detection of cognitive impairment.
(7) Managing and monitoring.--The development and deployment
of effective means of managing and monitoring members of the
Armed Forces with traumatic brain injury, post-traumatic stress
disorder, or other mental health conditions in the receipt of
care for traumatic brain injury, post-traumatic stress disorder,
or other mental health conditions, as applicable, including the
monitoring and assessment of treatment and outcomes.
(8) Education and awareness.--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 other mental health
conditions, and mental health treatment.
(9) Education and outreach.--The provision of education and
outreach to families of members of the Armed Forces with
traumatic brain injury, post-traumatic stress disorder, or other
mental health conditions on a range of matters relating to
traumatic brain injury, post-traumatic stress disorder, or other
mental health conditions, as applicable, including detection,
mitigation, and treatment.
(10) Recording of blasts.--A requirement that exposure to a
blast or blasts be recorded in the records of members of the
Armed Forces.
(11) Guidelines for blast injuries.--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.
(12) Gender- and ethnic group-specific services and
treatment.--The development of requirements, as appropriate, for
gender- and ethnic group-specific medical care services and
treatment for members of the Armed Forces who experience mental
health problems and conditions, including post-traumatic stress
disorder, with specific regard to the availability of, access
to, and research and development requirements of such needs.
(f) Coordination in Development.--The comprehensive plan submitted
under subsection (b) 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)).
[[Page 122 STAT. 453]]
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
SEC. 1621. <<NOTE: 10 USC 1071 note.>> CENTER OF EXCELLENCE IN THE
PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF TRAUMATIC BRAIN INJURY.
(a) <<NOTE: Establishment.>> 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, including mild, moderate, and severe
traumatic brain injury, to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the Center
collaborates to the maximum extent practicable 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 implement the comprehensive plan and strategy for the
Department of Defense, required by section 1618 of this Act, for
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury, including research on
gender and ethnic group-specific health needs related to
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 programs and outreach strategies for families
of members of the Armed Forces with traumatic brain injury
[[Page 122 STAT. 454]]
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 mental health needs of
families of members of the Armed Forces with traumatic brain
injury and develop protocols to address any needs identified
through such research.
(10) 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, as well as epilepsy, in
such members, 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, as well as epilepsy.
(11) 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.
(12) To develop a program on comprehensive pain management,
including management of acute and chronic pain, to utilize
current and develop new treatments for pain, and to identify and
disseminate best practices on pain management related to
traumatic brain injury.
(13) Such other responsibilities as the Secretary shall
specify.
SEC. 1622. <<NOTE: 10 USC 1071 note.>> CENTER OF EXCELLENCE IN
PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF POST-TRAUMATIC STRESS DISORDER AND OTHER
MENTAL HEALTH CONDITIONS.
(a) <<NOTE: Establishment.>> 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) and other mental health
conditions, including mild, moderate, and severe post-traumatic stress
disorder and other mental health conditions, to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the National Center
on 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 implement the comprehensive plan and strategy for the
Department of Defense, required by section 1618 of this Act, for
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder and other
[[Page 122 STAT. 455]]
mental health conditions, including research on gender- and
ethnic group-specific health needs related to post-traumatic
stress disorder and other mental health conditions.
(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 and other mental health conditions.
(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 and other mental health conditions.
(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of post-traumatic
stress disorder and other mental health conditions.
(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
and other mental health conditions.
(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 programs and outreach strategies for families
of members of the Armed Forces with post-traumatic stress
disorder and other mental health conditions in order to mitigate
the negative impacts of post-traumatic stress disorder and other
mental health conditions on such family members and to support
the recovery of such members from post-traumatic stress disorder
and other mental health conditions.
(9) To conduct research on the mental health needs of
families of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions and develop
protocols to address any needs identified through such research.
(10) 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 and other mental health
conditions until their transition to care and treatment from the
Department of Veterans Affairs.
SEC. 1623. <<NOTE: 10 USC 1071 note.>> CENTER OF EXCELLENCE IN
PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF MILITARY EYE INJURIES.
(a) <<NOTE: Establishment.>> 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 military eye injuries to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the Secretary of
Veterans Affairs, institutions of higher education, and other
[[Page 122 STAT. 456]]
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for
the Department of Defense, as developed by the Secretary
of Defense, for a registry of information for the
tracking of the diagnosis, surgical intervention or
other operative procedure, other treatment, and follow
up for each case of significant eye injury incurred by a
member of the Armed Forces while serving on active duty;
(B) ensure the electronic exchange with the
Secretary of Veterans Affairs of information obtained
through tracking under subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to
access the registry and add information pertaining to
additional treatments or surgical procedures and
eventual visual outcomes for veterans who were entered
into the registry and subsequently received treatment
through the Veterans Health Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Military Eye Injury
Registry'' (hereinafter referred to as the ``Registry'').
(3) Consultation in development.--The center shall develop
the Registry in consultation with the ophthalmological
specialist personnel and optometric specialist personnel of the
Department of Defense and the ophthalmological specialist
personnel and optometric specialist personnel of the Department
of Veterans Affairs. The mechanisms and procedures of the
Registry shall reflect applicable expert research on military
and other eye injuries.
(4) <<NOTE: Deadlines.>> Mechanisms.--The mechanisms of the
Registry for tracking under paragraph (1)(A) shall ensure that
each military medical treatment facility or other medical
facility shall submit to the center for inclusion in the
Registry information on the diagnosis, surgical intervention or
other operative procedure, other treatment, and follow up for
each case of eye injury described in that paragraph as follows
(to the extent applicable):
(A) Not later than 30 days after surgery or other
operative intervention, including a surgery or other
operative intervention carried out as a result of a
follow-up examination.
(B) Not later than 180 days after the significant
eye injury is reported or recorded in the medical
record.
(5) <<NOTE: Notification.>> Coordination of care and
benefits.--(A) The center shall provide notice to the Blind
Rehabilitation Service of the Department of Veterans Affairs and
to the eye care services of the Veterans Health Administration
on each member of the Armed Forces described in subparagraph (B)
for purposes of ensuring the coordination of the provision of
ongoing eye care and visual rehabilitation benefits and services
by the Department of Veterans Affairs after the separation or
release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces as follows:
[[Page 122 STAT. 457]]
(i) A member with a significant eye injury incurred
while serving on active duty, including a member with
visual dysfunction related to traumatic brain injury.
(ii) A member with an eye injury incurred while
serving on active duty who has a visual acuity of 20/200
or less in the injured eye.
(iii) A member with an eye injury incurred while
serving on active duty who has a loss of peripheral
vision resulting in 20 degrees or less of visual field
in the injured eye.
(d) Utilization of Registry Information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly ensure that
information in the Registry is available to appropriate ophthalmological
and optometric personnel of the Department of Defense and the Department
of Veterans Affairs for purposes of encouraging and facilitating the
conduct of research, and the development of best practices and clinical
education, on eye injuries incurred by members of the Armed Forces in
combat.
(e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of
Defense shall take appropriate actions to include in the Registry such
records of members of the Armed Forces who incurred an eye injury while
serving on active duty on or after September 11, 2001, but before the
establishment of the Registry, as the Secretary considers appropriate
for purposes of the Registry.
(f) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In
carrying out the program at Walter Reed Army Medical Center, District of
Columbia, on traumatic brain injury post traumatic visual syndrome, the
Secretary of Defense and the Department of Veterans Affairs shall
jointly provide for the conduct of a cooperative program for members of
the Armed Forces and veterans with traumatic brain injury by military
medical treatment facilities of the Department of Defense and medical
centers of the Department of Veterans Affairs selected for purposes of
this subsection for purposes of vision screening, diagnosis,
rehabilitative management, and vision research, including research on
prevention, on visual dysfunction related to traumatic brain injury.
SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.
(a) In General.--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--
(1) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation
of traumatic brain injury under section 1621;
(2) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation
of post-traumatic stress disorder and other mental health
conditions under section 1622; and
(3) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation
of military eye injuries under section 1623.
(b) Matters Covered.--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.
[[Page 122 STAT. 458]]
Subtitle C--Health Care Matters
SEC. 1631. <<NOTE: Effective dates. 10 USC 1071 note.>> 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 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, the Secretary may authorize that any
former member of the Armed Forces with a serious injury or
illness may receive the same medical and dental care as a member
of the Armed Forces on active duty for medical and dental care
not reasonably available to such former member in the Department
of Veterans Affairs.
(2) Sunset.--The Secretary of Defense may not provide
medical or dental care to a 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 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 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 veterans 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) Sunset.--The Secretary of Veterans Affairs may not
provide benefits to a member of the Armed Forces under this
subsection after December 31, 2012, if the Secretary has not
provided benefits to the member under this subsection before
that date.
SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH
COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY CARE,
SERVICES, AND SUPPLIES.
(a) Travel.--Section 1074i of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Outreach Program and Travel Reimbursement for Follow-on
Specialty Care and Related Services.--The Secretary concerned shall
ensure that an outreach program is implemented for each member of the
uniformed services who incurred a combat-related disability and is
entitled to retired or retainer pay, or equivalent pay, so that--
``(1) the progress of the member is closely monitored; and
``(2) the member receives the travel reimbursement
authorized by subsection (a) whenever the member requires
follow-on specialty care, services, or supplies.''.
[[Page 122 STAT. 459]]
(b) Combat-Related Disability Defined.--Subsection (c) of such
section, as redesignated by subsection (a)(1), is amended by adding at
the end the following new paragraph:
``(3) The term `combat-related disability' has the meaning
given that term in section 1413a of this title.''.
(c) <<NOTE: Applicability. 10 USC 1074i note.>> Effective Date.--
Subsection (b) of section 1074i of title 10, United States Code, as
added by subsection (a)(2), shall apply with respect to travel described
in subsection (a) of such section that occurs on or after January 1,
2008, for follow-on specialty care, services, or supplies.
SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF
THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR ILLNESS
ON ACTIVE DUTY.
(a) In General.--Section 1074(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) Subject to such terms and conditions as the Secretary of
Defense considers appropriate, coverage comparable to that provided by
the Secretary under subsections (d) and (e) of section 1079 of this
title shall be provided under this subsection to members of the
uniformed services who incur a serious injury or illness on active duty
as defined by regulations prescribed by the Secretary.
``(B) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe in regulations--
``(i) the individuals who shall be treated as the primary
caregivers of a member of the uniformed services for purposes of
this paragraph; and
``(ii) the definition of serious injury or illness for the
purposes of this paragraph.''.
(b) <<NOTE: 10 USC 1074 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2008.
SEC. 1634. 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 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.--
(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.
[[Page 122 STAT. 460]]
(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 and other mental health
conditions 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.
SEC. 1635. <<NOTE: 10 USC 1071 note.>> FULLY INTEROPERABLE ELECTRONIC
PERSONAL HEALTH INFORMATION 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) <<NOTE: Records.>> develop and implement electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between 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) <<NOTE: Establishment.>> Department of Defense-Department of
Veterans Affairs Interagency Program Office.--
(1) In general.--There is hereby established an interagency
program office of the Department of Defense and the Department
of Veterans Affairs (in this section referred to as the
``Office'') for the purposes described in paragraph (2).
(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 and implementation of
[[Page 122 STAT. 461]]
electronic health record systems or capabilities that
allow for full interoperability of personal health care
information between the Department of Defense and the
Department of Veterans Affairs.
(B) To 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.
(c) Leadership.--
(1) Director.--The Director of the Office shall be the head
of the Office.
(2) Deputy director.--The Deputy Director of the Office
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 persons who are qualified to
direct the development, acquisition, and integration 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,
acquisition, and integration 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) <<NOTE: Records. Deadline.>> Function.--The function of the
Office shall be to implement, by not later than September 30, 2009,
electronic health record systems or capabilities that allow for full
interoperability of personal health care information between the
Department of Defense and the Department of Veterans Affairs, which
health records shall comply with applicable interoperability standards,
implementation specifications, and certification criteria (including for
the reporting of quality measures) of the Federal Government.
(e) <<NOTE: Deadline.>> 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 electronic health record systems or
capabilities 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.
[[Page 122 STAT. 462]]
(3) A schedule and associated deadlines for any acquisition
and testing required in the implementation of electronic health
record systems or capabilities that allow for full
interoperability of personal health care information between the
Department of Defense and the Department of Veterans Affairs.
(4) A schedule and associated deadlines and requirements for
the implementation of electronic health record systems or
capabilities that allow for full interoperability of personal
health care information between the Department of Defense and
the Department of Veterans Affairs.
(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
feasibility and advisability of various technological approaches
to the achievement of the electronic health record systems or
capabilities described in subsection (d).
(2) Sharing of protected health information.--For purposes
of each pilot project carried out under this subsection, the
Secretary of Defense and the Secretary of Veterans Affairs
shall, 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), ensure the effective
sharing of protected health information between the health care
system of the Department of Defense and the health care system
of the Department of Veterans Affairs as needed to provide all
health care services and other benefits allowed by law.
(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 full implementation of electronic health
record systems or capabilities described in subsection
(d).
[[Page 122 STAT. 463]]
(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) <<NOTE: Deadlines. Reports.>> 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 electronic health record systems or
capabilities 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 implementing electronic health record systems or capabilities
described in subsection (d).
SEC. 1636. 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, at 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.
[[Page 122 STAT. 464]]
``(c) Termination of Authority.--The authority of the Secretary of
Defense to exercise authorities available under chapter 74 of title 38
for purposes of the recruitment, employment, and retention of civilian
health care professionals for the Department of Defense expires
September 30, 2010.''.
(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. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR MEMBERS OF
THE ARMED FORCES PENDING RESOLUTION OF SERVICE-RELATED
MEDICAL CONDITIONS.
Section 1145(a) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking ``Transitional health
care'' and inserting ``Except as provided in paragraph (6),
transitional health care''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A member who has a medical condition relating to service on
active duty that warrants further medical care that has been identified
during the member's 180-day transition period, which condition can be
resolved within 180 days as determined by a Department of Defense
physician, shall be entitled to receive medical and dental care for that
medical condition, and that medical condition only, as if the member
were a member of the armed forces on active duty for 180 days following
the diagnosis of the condition.
``(B) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is continually
updated in order to reflect the continuing entitlement of members
covered by subparagraph (A) to the medical and dental care referred to
in that subparagraph.''.
Subtitle D--Disability Matters
SEC. 1641. 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
[[Page 122 STAT. 465]]
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. 1642. 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. 1643. 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 the following new
section:
[[Page 122 STAT. 466]]
``Sec. 1554a. Review of separation with disability rating of 20 percent
disabled or less
``(a) <<NOTE: Establishment.>> 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 Physical Disability Board of Review 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--
``(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 the request of a covered individual, or a
surviving spouse, next of kin, or legal representative of a covered
individual, the Physical Disability Board of Review shall review the
findings and decisions of the Physical Evaluation Board with respect to
such covered individual. Subject to paragraph (3), upon its own motion,
the Physical Disability Board of Review may review the findings and
decisions of the Physical Evaluation Board with respect to a covered
individual.
``(2) The review by the Physical Disability Board of Review under
paragraph (1) shall be based on the records of the armed force concerned
and such other evidence as may be presented to the Physical Disability
Board of Review. A witness may present evidence to the Board by
affidavit or by any other means considered acceptable by the Secretary
of Defense.
``(3) <<NOTE: Notification.>> If the Physical Disability Board of
Review proposes to review, upon its own motion, the findings and
decisions of the Physical Evaluation Board with respect to a covered
individual, the Physical Disability Board of Review shall notify the
covered individual, or a surviving spouse, next of kin, or legal
representative of the covered individual, of the proposed review and
obtain the consent of the covered individual or a surviving spouse, next
of kin, or legal representative of the covered individual before
proceeding with the review.
``(4) <<NOTE: Notification.>> With respect to any review by the
Physical Disability Board of Review of the findings and decisions of the
Physical Evaluation Board with respect to a covered individual, whether
initiated at the request of the covered individual or a surviving
spouse, next of kin, or legal representative of the covered individual
or initiated by the Physical Disability Board of Review, the Physical
Disability Board of Review shall notify the covered individual or a
surviving spouse, next of kin, or legal representative of the covered
individual that, as a result of the request or consent, the covered
individual or a surviving spouse, next of kin, or legal representative
of the covered individual may not seek relief from the Board for
Correction of Military Records operated by the Secretary concerned.
``(d) Authorized Recommendations.--The Physical Disability Board of
Review 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:
[[Page 122 STAT. 467]]
``(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 Physical Disability Board of Review
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 Physical Disability Board of Review 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) <<NOTE: Deadline. 10 USC 1554a note.>> 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. 1644. <<NOTE: 10 USC 1071 note.>> AUTHORIZATION OF PILOT PROGRAMS
TO IMPROVE THE DISABILITY EVALUATION SYSTEM FOR MEMBERS OF
THE ARMED FORCES.
(a) Pilot Programs.--
[[Page 122 STAT. 468]]
(1) Programs authorized.--For the purposes set forth in
subsection (c), the Secretary of Defense may establish and
conduct pilot programs with respect to the system of the
Department of Defense 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 (in this section referred to as the
``disability evaluation system'').
(2) Types of pilot programs.--In carrying out this section,
the Secretary of Defense may conduct one or more of the pilot
programs described in paragraphs (1) through (3) of subsection
(b) or such other pilot programs as the Secretary of Defense
considers appropriate.
(3) Consultation.--In establishing and conducting any pilot
program under this section, the Secretary of Defense shall
consult with the Secretary of Veterans Affairs.
(b) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va assigned
disability rating.--Under one of the pilot programs authorized
by 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 may--
(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 may 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
authorized by 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 may, 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
[[Page 122 STAT. 469]]
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 authorized by subsection (a), the Secretary of Defense
may 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.--The pilot programs authorized by
subsection (a) may also provide for the development, evaluation,
and identification of such practices and procedures under the
disability evaluation system as the Secretary considers
appropriate for purposes set forth in subsection (c).
(c) Purposes.--A pilot program established under subsection (a) may
have one or more of the following purposes:
(1) To provide for the development, evaluation, and
identification of revised and improved practices and procedures
under the disability evaluation system 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--
[[Page 122 STAT. 470]]
(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 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.
(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).
(d) Utilization of Results in Updates of Comprehensive Policy on
Care, Management, and Transition of Recovering Service Members.--The
Secretary of Defense and the Secretary of Veterans Affairs, acting
jointly, may incorporate responses to any findings and recommendations
arising under the pilot programs conducted under subsection (a) in
updating the comprehensive policy on the care and management of covered
service members under section 1611(a)(4).
(e) 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 (g)(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 1642 of this
Act.
(f) Duration.--Each pilot program conducted under subsection (a)
shall be completed not later than one year after the date of the
commencement of such pilot program under that subsection.
(g) 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
[[Page 122 STAT. 471]]
on each pilot program that has been commenced as of that date
under subsection (a). The report shall include--
(A) a description of the scope and objectives of the
pilot program;
(B) a description of the methodology to be used
under the pilot program to ensure rapid identification
under such pilot program of revised or improved
practices under the disability evaluation system in
order to achieve the objectives set forth in subsection
(c)(1); and
(C) a statement of any provision described in
subsection (e)(1)(B) that will not apply to the pilot
program by reason of a waiver under that subsection.
(2) Interim report.--Not later than 180 days after the date
of the submittal of the report required by paragraph (1) with
respect to a pilot program, the Secretary shall submit to the
appropriate committees of Congress a report describing the
current status of the pilot program.
(3) Final report.--Not later than 90 days after the
completion of all of the pilot programs conducted under
subsection (a), the Secretary shall submit to the appropriate
committees of Congress a report setting forth a final evaluation
and assessment of the 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. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN
THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.
(a) Reports Required.--Not later than June 1, 2008, and June 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 service members, 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
[[Page 122 STAT. 472]]
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) <<NOTE: Deadline. Report. Public information.>> 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. 1646. 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) <<NOTE: 10 USC 1212 note.>> 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.
[[Page 122 STAT. 473]]
SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE OF
TEMPORARY DISABILITY RETIRED LIST.
(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 containing--
(1) a statistical history since January 1, 2000, of the
numbers of members of the Armed Forces who are returned to duty
or separated following a tenure on the temporary disability
retired list and, in the case of members who were separated, how
many of the members were granted disability separation or
retirement and what were their disability ratings;
(2) the results of the assessments required by subsection
(b); and
(3) such recommendations for the modification or improvement
of the temporary disability retired list as the Secretary
considers appropriate in response to the assessments.
(b) Required Assessments.--The assessments required to be conducted
as part of the report under subsection (a) are the following:
(1) An assessment of the continuing utility of the temporary
disability retired list in satisfying the purposes for which the
temporary disability retired list was established.
(2) An assessment of the need to require that the condition
of a member be permanent and stable before the member is
separated with less than a 30 percent disability rating prior to
exceeding the maximum tenure allowed on the temporary disability
retired list.
(3) An assessment of the future role of the temporary
disability retired list in the Disability Evaluation System of
the Department of Defense and the changes in policy and law
required to fulfill the future role of the temporary disability
retire list.
SEC. 1648. <<NOTE: 10 USC 1071 note.>> STANDARDS FOR MILITARY MEDICAL
TREATMENT FACILITIES, SPECIALTY MEDICAL CARE FACILITIES, AND
MILITARY QUARTERS HOUSING PATIENTS AND ANNUAL REPORT ON SUCH
FACILITIES.
(a) Establishment of Standards.--The Secretary of Defense shall
establish for the military facilities of the Department of Defense and
the military departments referred to in subsection (b) standards with
respect to the matters set forth in subsection (c). To the maximum
extent practicable, the standards shall--
(1) be uniform and consistent for all such facilities; and
(2) be uniform and consistent throughout the Department of
Defense and the military departments.
(b) Covered Military Facilities.--The military facilities covered by
this section are the following:
(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.
[[Page 122 STAT. 474]]
(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 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.).
(E) 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) <<NOTE: Guidelines.>> 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 on Development and Implementation of Standards.--
(1) In general.--Not later than March 1, 2008, the Secretary
shall submit to the congressional defense committees a report on
the actions taken to carry out subsection (a).
(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
(b), including--
(i) an assessment of the compliance of the
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).
(f) Annual Report.--Not later than the date on which the President
submits the budget for a fiscal year to Congress pursuant to section
1105 of title 31, United States Code, the Secretary shall
[[Page 122 STAT. 475]]
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the adequacy, suitability, and quality of
each facility referred to in subsection (b). The Secretary shall include
in each report information regarding--
(1) any deficiencies in the adequacy, quality, or state of
repair of medical-related support facilities raised as a result
of information received during the period covered by the report
through the toll-free hot line required by section 1616; and
(2) the investigations conducted and plans of action
prepared under such section to respond to such deficiencies.
SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.
Not later than 30 days after the date of the enactment of this Act,
and every 180 days thereafter until March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report on
the implementation of the Army Medical Action Plan to correct
deficiencies identified in the condition of facilities and patient
administration.
SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER
REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.
(a) Certifications.--In implementing the decision to close Walter
Reed Army Medical Center, District of Columbia, 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), the Secretary of Defense 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 medical
centers in the National Capitol Region in terms of total bed
capacity or staffed bed capacity.
(3) That the capacity of medical hold and out-patient
lodging facilities operating at Walter Reed Army Medical Center
as of the date of the certification will be available in
sufficient quantities at the facilities designated to replace
Walter Reed Army Medical Center by the date of the closure of
Walter Reed Army Medical Center.
(b) Time for Submittal.--The Secretary shall submit the
certifications required by subsection (a) not later than 90 days after
the date of the enactment of this Act. <<NOTE: Notification.>> If the
Secretary is unable to make one or more of the certifications by the end
of the 90-day period, the Secretary shall notify the congressional
defense committees of the delay and the reasons for the delay.
[[Page 122 STAT. 476]]
SEC. 1651. <<NOTE: 10 USC 1071 note.>> HANDBOOK FOR MEMBERS OF THE
ARMED FORCES ON COMPENSATION AND BENEFITS AVAILABLE FOR
SERIOUS INJURIES AND ILLNESSES.
(a) <<NOTE: Deadline.>> Information on Available Compensation and
Benefits.--Not later than October 1, 2008, the Secretary of Defense
shall 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 separation or retirement of the member 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 considers appropriate.
(b) Consultation.--The Secretary of Defense shall develop and
maintain the comprehensive description required by subsection (a),
including the handbook and electronic form of the description, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Health and Human Services, and the Commissioner of Social Security.
(c) 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.
(d) 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 such subsection.
(e) 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 E--Studies and Reports
SEC. 1661. 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) <<NOTE: Contracts.>> 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 one
year after the date of the enactment of this Act--
[[Page 122 STAT. 477]]
(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 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 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 gender- and ethnic group-
specific needs and concerns of members of the Armed
Forces and 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 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;
(H) an assessment of the impacts on communities with
high populations of military families, including
military
[[Page 122 STAT. 478]]
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;
(I) an assessment of the impacts of increasing
numbers of older and married members of the Armed Forces
on readjustment requirements;
(J) 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
(K) 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, the
Secretary of Veterans Affairs, and the congressional defense committees
a report on such phase of the study.
(g) DoD and VA Response to NAS Reports.--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 develop a final joint Department of
Defense-Department of Veterans Affairs response to the findings and
recommendations of the National Academy of Sciences contained in such
report.
[[Page 122 STAT. 479]]
SEC. 1662. <<NOTE: 10 USC 1071 note.>> ACCESS OF RECOVERING SERVICE
MEMBERS TO ADEQUATE OUTPATIENT RESIDENTIAL FACILITIES.
(a) Required Inspections of Facilities.--All quarters of the United
States and housing facilities under the jurisdiction of the Armed Forces
that are occupied by recovering service members shall be inspected on a
semiannual basis for the first two years after the enactment of this Act
and annually thereafter by the inspectors general of the regional
medical commands.
(b) Inspector General Reports.--The inspector general for each
regional medical command shall--
(1) submit a report on each inspection of a facility
conducted under subsection (a) to the post commander at such
facility, the commanding officer of the hospital affiliated with
such facility, the surgeon general of the military department
that operates such hospital, the Secretary of the military
department concerned, the Assistant Secretary of Defense for
Health Affairs, and the congressional defense committees; and
(2) <<NOTE: Website.>> post each such report on the
Internet website of such regional medical command.
SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF
RECOVERING SERVICE MEMBERS.
(a) Study Required.--The Secretary of Defense shall conduct a study
of the provision of support services for families of recovering service
members.
(b) Matters Covered.--The study under subsection (a) shall include
the following:
(1) A determination of the types of support services,
including job placement services, that are currently provided by
the Department of Defense to eligible family members, and the
cost of providing such services.
(2) A determination of additional types of support services
that would be feasible for the Department to provide to such
family members, and the costs of providing such services,
including the following types of services:
(A) The provision of medical care at military
medical treatment facilities.
(B) The provision of additional employment services,
and the need for employment protection, of such family
members who are placed on leave from employment or
otherwise displaced from employment while caring for a
recovering service member for more than 45 days during a
one-year period.
(C) The provision of meals without charge at
military medical treatment facilities.
(3) A survey of military medical treatment facilities to
estimate the number of family members to whom the support
services would be provided.
(4) A determination of any discrimination in employment that
such family members experience, including denial of retention in
employment, promotion, or any benefit of employment by an
employer on the basis of the person's absence from employment,
and a determination, in consultation with the Secretary of
Labor, of the options available for such family members.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to
[[Page 122 STAT. 480]]
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study, with such findings
and recommendations as the Secretary considers appropriate.
SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense and the Secretary of Veterans Affairs jointly
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the changes undertaken
within the Department of Defense and the Department of Veterans Affairs
to ensure that traumatic brain injury victims receive a medical
designation concomitant with their injury rather than a medical
designation that assigns a generic classification (such as ``organic
psychiatric disorder'').
SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-COMMISSIONED
OFFICER PROGRAM.
(a) Evaluation Required.--The Secretary of Defense shall conduct an
evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer
program, which is the program operated by each of the military
departments and the Department of Veterans Affairs for the purpose of--
(1) assisting in the seamless transition of members of the
Armed Forces from the Department of Defense health care system
to the Department of Veterans Affairs system; and
(2) expediting the flow of information and communication
between military treatment facilities and the Veterans Affairs
Polytrauma Centers.
(b) Matters Covered.--The evaluation of the Polytrauma Liaison
Officer/Non-Commissioned Officer program shall include an evaluation of
the following:
(1) The program's effectiveness in the following areas:
(A) Handling of military patient transfers.
(B) Ability to access military records in a timely
manner.
(C) Collaboration with Polytrauma Center treatment
teams.
(D) Collaboration with veteran service
organizations.
(E) Functioning as the Polytrauma Center's subject-
matter expert on military issues.
(F) Supporting and assisting family members.
(G) Providing education, information, and referrals
to members of the Armed Forces and their family members.
(H) Functioning as uniformed advocates for members
of the Armed Forces and their family members.
(I) Inclusion in Polytrauma Center meetings.
(J) Completion of required administrative reporting.
(K) Ability to provide necessary administrative
support to all members of the Armed Forces.
(2) Manpower requirements to effectively carry out all
required functions of the Polytrauma Liaison Officer/Non-
Commissioned Officer program given current and expected case
loads.
(3) Expansion of the program to incorporate Navy and Marine
Corps officers and senior enlisted personnel.
[[Page 122 STAT. 481]]
(c) Reporting Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing--
(1) the results of the evaluation; and
(2) recommendations for any improvements in the program.
Subtitle F--Other Matters
SEC. 1671. <<NOTE: 10 USC 1071 note.>> PROHIBITION ON TRANSFER OF
RESOURCES FROM MEDICAL CARE.
Neither the Secretary of Defense nor the Secretaries of the military
departments may transfer funds or personnel from medical care functions
to administrative functions within the Department of Defense in order to
comply with the new administrative requirements imposed by this title or
the amendments made by this title.
SEC. 1672. <<NOTE: 10 USC 1071 note.>> MEDICAL CARE FOR FAMILIES OF
MEMBERS OF THE ARMED FORCES RECOVERING FROM SERIOUS INJURIES
OR ILLNESSES.
(a) Medical Care at Military Medical Facilities.--
(1) Medical care.--A family member of a recovering service
member who is not otherwise eligible for medical care at a
military medical treatment facility may 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
service member;
(B) a non-medical attendee caring for the service
member; or
(C) receiving per diem payments from the Department
of Defense while caring for the service member.
(2) Specification of family members.--The Secretary of
Defense may prescribe in regulations the family members of
recovering service members who shall be considered to be a
family member of a service member for purposes of this
subsection.
(3) <<NOTE: Regulations.>> Specification of care.--The
Secretary of Defense shall prescribe in regulations the medical
care that may be available to family members under this
subsection at military medical treatment facilities.
(4) Recovery of costs.--The United States may recover the
costs of the provision of medical care under this subsection 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 was provided under the authority
of section 1784 of title 38, United States Code.
(b) Medical Care at Department of Veterans Affairs Medical
Facilities.--
(1) Medical care.--When a recovering service member is
receiving hospital care and medical services at a medical
facility of the Department of Veterans Affairs, the Secretary of
Veterans Affairs may provide medical care for eligible family
[[Page 122 STAT. 482]]
members under this section when that care is readily available
at that Department facility and on a space-available basis.
(2) Regulations.--The Secretary of Veterans Affairs shall
prescribe in regulations the medical care that may be available
to family members under this subsection at medical facilities of
the Department of Veterans Affairs.
SEC. 1673. 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) <<NOTE: Protocols.>> 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) <<NOTE: 10 USC 1074f note.>> 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 which shall, at a minimum, include the
following:
(i) Administration of computer-based neurocognitive
assessment.
(ii) Pre-deployment assessments to establish a
neurocognitive baseline for members of the Armed Forces
for future treatment.
(B) <<NOTE: Deadline. Reports.>> 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 be incorporated
into the protocol.
(C) <<NOTE: Deadline.>> Not later than 180 days after
completion of the pilot projects conducted under this paragraph,
the Secretary shall establish a means for implementing any
mechanism evaluated under such a pilot project that is selected
for incorporation in the protocol.
[[Page 122 STAT. 483]]
(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. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.
(a) <<NOTE: Plan.>> Minimum Funding.--The amount of funds available
for the commander of Walter Reed Army Medical Center, District of
Columbia, for a fiscal year shall be not less than the amount expended
by the commander of Walter Reed Army Medical Center in fiscal year 2006
until the first fiscal year beginning after the date on which the
Secretary of Defense submits to the congressional defense committees a
plan for the provision of health care for military beneficiaries and
their dependents in the National Capital Region.
(b) Matters Covered.--The plan under subsection (a) shall at a
minimum include--
(1) the manner in which patients, staff, bed capacity, and
functions will move from the Walter Reed Army Medical Center to
expanded facilities;
(2) a timeline, including milestones, for such moves;
(3) projected budgets, including planned budget transfers,
for military treatment facilities within the region;
(4) the management or disposition of real property of
military treatment facilities within the region; and
(5) staffing projections for the region.
(c) Certification.--After submission of the plan under subsection
(a) to the congressional defense committees, the Secretary shall certify
to such committees on a quarterly basis that patients, staff, bed
capacity, functions, or parts of functions at Walter Reed Army Medical
Center have not been moved or disestablished until the expanded
facilities at the National Naval Medical Center, Bethesda, Maryland, and
DeWitt Army Community Hospital, Fort Belvoir, Virginia, are completed,
equipped, and staffed with sufficient capacity to accept and provide, at
a minimum, the same level of and access to care as patients received at
Walter Reed Army Medical Center during fiscal year 2006.
(d) Definitions.--In this section:
(1) The term ``expanded facilities'' means the other two
military hospitals/medical centers within the National Capital
Region, namely--
(A) the National Naval Medical Center, Bethesda,
Maryland (or its successor resulting from implementation
of the recommendations of the 2005 Defense Base Closure
and Realignment Commission); and
(B) the DeWitt Army Community Hospital, Fort
Belvoir, Virginia.
[[Page 122 STAT. 484]]
(2) The term ``National Capital Region'' has the meaning
given that term in section 2674(f) of title 10, United States
Code.
SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE
FEDERAL EMPLOYEES.
(a) In General.--Section 6333(b) of title 5, United States Code, is
amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The requirement under paragraph (1) relating to exhaustion
of annual and sick leave shall not apply in the case of a leave
recipient who--
``(i) sustains a combat-related disability while a member of
the armed forces, including a reserve component of the armed
forces; and
``(ii) is undergoing medical treatment for that disability.
``(B) Subparagraph (A) shall apply to a member described in such
subparagraph only so long as the member continues to undergo medical
treatment for the disability, but in no event for longer than 5 years
from the start of such treatment.
``(C) For purposes of this paragraph--
``(i) the term `combat-related disability' has the meaning
given such term by section 1413a(e) of title 10; and
``(ii) the term `medical treatment' has such meaning as the
Office of Personnel Management shall by regulation prescribe.''.
(b) <<NOTE: Applicability. 5 USC 6333 note.>> Effective Date.--The
amendment made by subsection (a) shall take effect on the date of the
enactment of this Act, except that, in the case of a leave recipient who
is undergoing medical treatment on such date of enactment, section
6333(b)(2)(B) of title 5, United States Code (as amended by this
section) shall be applied as if it had been amended by inserting ``or
the date of the enactment of this subsection, whichever is later'' after
``the start of such treatment''.
SEC. 1676. <<NOTE: 10 USC 1071 note.>> MORATORIUM ON CONVERSION TO
CONTRACTOR PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS AT
MILITARY MEDICAL FACILITIES.
(a) Moratorium.--No study or competition may be begun or announced
pursuant to section 2461 of title 10, United States Code, or otherwise
pursuant to Office of Management and Budget circular A-76, relating to
the possible conversion to performance by a contractor of any Department
of Defense function carried out at a military medical facility until the
Secretary of Defense--
(1) <<NOTE: Certification.>> submits the certification
required by subsection (b) to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives together with a description of the steps taken
by the Secretary in accordance with the certification; and
(2) <<NOTE: Reports.>> submits the report required by
subsection (c).
(b) Certification.--The certification referred to in paragraph
(a)(1) is a certification that the Secretary has taken appropriate steps
to ensure that neither the quality of military medical care nor the
availability of qualified personnel to carry out Department of Defense
functions related to military medical care will be adversely affected by
either--
[[Page 122 STAT. 485]]
(1) the process of considering a Department of Defense
function carried out at a military medical facility for possible
conversion to performance by a contractor; or
(2) the conversion of such a function to performance by a
contractor.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense 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 public-private
competitions being conducted for Department of Defense functions carried
out at military medical facilities as of the date of the enactment of
this Act by each military department and defense agency. Such report
shall include--
(1) for each such competition--
(A) the cost of conducting the public-private
competition;
(B) the number of military personnel and civilian
employees of the Department of Defense affected;
(C) the estimated savings identified and the savings
actually achieved;
(D) an evaluation whether the anticipated and
budgeted savings can be achieved through a public-
private competition; and
(E) the effect of converting the performance of the
function to performance by a contractor on the quality
of the performance of the function; and
(2) an assessment of whether any method of business reform
or reengineering other than a public-private competition could,
if implemented in the future, achieve any anticipated or
budgeted savings.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS EFFORTS
IN THE REHABILITATION AND REINTEGRATION OF VETERANS WITH
TRAUMATIC BRAIN INJURY.
It is the sense of Congress that--
[[Page 122 STAT. 486]]
(1) the Department of Veterans Affairs is a leader in the
field of traumatic brain injury care and coordination of such
care;
(2) the Department of Veterans Affairs should have the
capacity and expertise to provide veterans who have a traumatic
brain injury with patient-centered health care, rehabilitation,
and community integration services that are comparable to or
exceed similar care and services available to persons with such
injuries in the academic and private sector;
(3) rehabilitation for veterans who have a traumatic brain
injury should be individualized, comprehensive, and
interdisciplinary with the goals of optimizing the independence
of such veterans and reintegrating them into their communities;
(4) family support is integral to the rehabilitation and
community reintegration of veterans who have sustained a
traumatic brain injury, and the Department should provide the
families of such veterans with education and support;
(5) the Department of Defense and the Department of Veterans
Affairs have made efforts to provide a smooth transition of
medical care and rehabilitative services to individuals as they
transition from the health care system of the Department of
Defense to that of the Department of Veterans Affairs, but more
can be done to assist veterans and their families in the
continuum of the rehabilitation, recovery, and reintegration of
wounded or injured veterans into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain injury, it
is necessary for the Department of Veterans Affairs to provide a
system for life-long case management for such veterans; and
(7) in such system for life-long case management, it is
necessary to conduct outreach and to tailor specialized
traumatic brain injury case management and outreach to the
unique needs of veterans with traumatic brain injury who reside
in urban and non-urban settings.
SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS
FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1710B the following
new sections:
``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community
``(a) Plan Required.--The Secretary shall, for each individual who
is a veteran or member of the Armed Forces who receives inpatient or
outpatient rehabilitative hospital care or medical services provided by
the Department for a traumatic brain injury--
``(1) develop an individualized plan for the rehabilitation
and reintegration of the individual into the community; and
``(2) provide such plan in writing to the individual--
``(A) in the case of an individual receiving
inpatient care, before the individual is discharged from
inpatient care or after the individual's transition from
serving on active duty as a member of the Armed Forces
to receiving outpatient care provided by the Department;
or
[[Page 122 STAT. 487]]
``(B) as soon as practicable following a diagnosis
of traumatic brain injury by a Department health care
provider.
``(b) Contents of Plan.--Each plan developed under subsection (a)
shall include, for the individual covered by such plan, the following:
``(1) Rehabilitation objectives for improving the physical,
cognitive, and vocational functioning of the individual with the
goal of maximizing the independence and reintegration of such
individual into the community.
``(2) Access, as warranted, to all appropriate
rehabilitative components of the traumatic brain injury
continuum of care, and where appropriate, to long-term care
services.
``(3) A description of specific rehabilitative treatments
and other services to achieve the objectives described in
paragraph (1), which shall set forth the type, frequency,
duration, and location of such treatments and services.
``(4) The name of the case manager designated in accordance
with subsection (d) to be responsible for the implementation of
such plan.
``(5) Dates on which the effectiveness of such plan will be
reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--(1) Each plan developed under
subsection (a) shall be based on a comprehensive assessment, developed
in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and
neuropsychological and social impairments of the individual; and
``(B) the family education and family support needs of the
individual after the individual is discharged from inpatient
care or at the commencement of and during the receipt of
outpatient care and services.
``(2) The comprehensive assessment required under paragraph (1) with
respect to an individual is a comprehensive assessment of the matters
set forth in that paragraph by a team, composed by the Secretary for
purposes of the assessment, of individuals with expertise in traumatic
brain injury, including any of the following:
``(A) A neurologist.
``(B) A rehabilitation physician.
``(C) A social worker.
``(D) A neuropsychologist.
``(E) A physical therapist.
``(F) A vocational rehabilitation specialist.
``(G) An occupational therapist.
``(H) A speech language pathologist.
``(I) A rehabilitation nurse.
``(J) An educational therapist.
``(K) An audiologist.
``(L) A blind rehabilitation specialist.
``(M) A recreational therapist.
``(N) A low vision optometrist.
``(O) An orthotist or prosthetist.
``(P) An assistive technologist or rehabilitation engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An opthamologist.
``(T) A psychiatrist.
[[Page 122 STAT. 488]]
``(d) Case Manager.--(1) The Secretary shall designate a case
manager for each individual described in subsection (a) to be
responsible for the implementation of the plan developed for that
individual under that subsection and the coordination of the
individual's medical care.
``(2) The Secretary shall ensure that each case manager has specific
expertise in the care required by the individual for whom the case
manager is designated, regardless of whether the case manager obtains
such expertise through experience, education, or training.
``(e) Participation and Collaboration in Development of Plans.--(1)
The Secretary shall involve each individual described in subsection (a),
and the family or legal guardian of such individual, in the development
of the plan for such individual under that subsection to the maximum
extent practicable.
``(2) The Secretary shall collaborate in the development of a plan
for an individual under subsection (a) with a State protection and
advocacy system if--
``(A) the individual covered by the plan requests such
collaboration; or
``(B) in the case of such an individual who is
incapacitated, the family or guardian of the individual requests
such collaboration.
``(3) In the case of a plan required by subsection (a) for a member
of the Armed Forces who is serving on active duty, the Secretary shall
collaborate with the Secretary of Defense in the development of such
plan.
``(4) In developing vocational rehabilitation objectives required
under subsection (b)(1) and in conducting the assessment required under
subsection (c), the Secretary shall act through the Under Secretary for
Health in coordination with the Vocational Rehabilitation and Employment
Service of the Department of Veterans Affairs.
``(f) Evaluation.--
``(1) Periodic review by secretary.--The Secretary shall
periodically review the effectiveness of each plan developed
under subsection (a). The Secretary shall refine each such plan
as the Secretary considers appropriate in light of such review.
``(2) Request for review by veterans.--In addition to the
periodic review required by paragraph (1), the Secretary shall
conduct a review of the plan for an individual under paragraph
(1) at the request of the individual, or in the case of an
individual who is incapacitated, at the request of the guardian
or designee of the individual.
``(g) State Designated Protection and Advocacy System Defined.--In
this section, the term `State protection and advocacy system' means a
system established in a State under subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041
et seq.) to protect and advocate for the rights of persons with
development disabilities.
``Sec. 1710D. Traumatic brain injury: comprehensive program for long-
term rehabilitation
``(a) Comprehensive Program.--In developing plans for the
rehabilitation and reintegration of individuals with traumatic brain
injury under section 1710C of this title, the Secretary shall develop
and carry out a comprehensive program of long-term care for post-acute
traumatic brain injury rehabilitation that includes residential,
[[Page 122 STAT. 489]]
community, and home-based components utilizing interdisciplinary
treatment teams.
``(b) Location of Program.--The Secretary shall carry out the
program developed under subsection (a) in each Department polytrauma
rehabilitation center designated by the Secretary.
``(c) Eligibility.--A veteran is eligible for care under the program
developed under subsection (a) if the veteran is otherwise eligible to
receive hospital care and medical services under section 1710 of this
title and--
``(1) served on active duty in a theater of combat
operations (as determined by the Secretary in consultation with
the Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during a
period of hostilities (as defined in section 1712A(a)(2)(B) of
this title) after November 11, 1998;
``(2) is diagnosed as suffering from moderate to severe
traumatic brain injury; and
``(3) is unable to manage routine activities of daily living
without supervision or assistance, as determined by the
Secretary.
``(d) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report containing the following information:
``(1) A description of the operation of the program.
``(2) The number of veterans provided care under the program
during the year preceding such report.
``(3) The cost of operating the program during the year
preceding such report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1710B the following new items:
``1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term
rehabilitation.''.
SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR
IMPLEMENTATION OF REHABILITATION AND COMMUNITY REINTEGRATION
PLANS FOR TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1710D, as added by
section 1702, the following new section:
``Sec. 1710E. Traumatic brain injury: use of non-Department facilities
for rehabilitation
``(a) Cooperative Agreements.--The Secretary, in implementing and
carrying out a plan developed under section 1710C of this title, may
provide hospital care and medical services through cooperative
agreements with appropriate public or private entities that have
established long-term neurobehavioral rehabilitation and recovery
programs.
``(b) Authorities of State Protection and Advocacy Systems.--Nothing
in subtitle C of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 shall be construed as preventing a State protection
and advocacy system (as defined
[[Page 122 STAT. 490]]
in section 1710C(g) of this title) from exercising the authorities
described in such subtitle with respect to individuals provided
rehabilitative treatment or services under section 1710C of this title
in a non-Department facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1710D, as added by section 1702, the following new item:
``1710E. Traumatic brain injury: use of non-Departmental facilities for
rehabilitation.''.
SEC. 1704. <<NOTE: 38 USC 1710C note.>> RESEARCH, EDUCATION, AND
CLINICAL CARE PROGRAM ON TRAUMATIC BRAIN INJURY.
(a) In General.--To improve the provision of health care by the
Department of Veterans Affairs to veterans with traumatic brain
injuries, the Secretary of Veterans Affairs shall--
(1) conduct research, including--
(A) research on the sequelae of mild to severe forms
of traumatic brain injury;
(B) research on visually-related neurological
conditions;
(C) research on seizure disorders;
(D) research on means of improving the diagnosis,
rehabilitative treatment, and prevention of such
sequelae;
(E) research to determine the most effective
cognitive and physical therapies for such sequelae;
(F) research on dual diagnosis of post-traumatic
stress disorder and traumatic brain injury;
(G) research on improving facilities of the
Department concentrating on traumatic brain injury care;
and
(H) research on improving the delivery of traumatic
brain injury care by the Department;
(2) educate and train health care personnel of the
Department in recognizing and treating traumatic brain injury;
and
(3) develop improved models and systems for the furnishing
of traumatic brain injury care by the Department.
(b) Collaboration.--In carrying out research under subsection (a),
the Secretary of Veterans Affairs shall collaborate with--
(1) facilities that conduct research on rehabilitation for
individuals with traumatic brain injury;
(2) facilities that receive grants for such research from
the National Institute on Disability and Rehabilitation Research
of the Department of Education; and
(3) the Defense and Veterans Brain Injury Center of the
Department of Defense and other relevant programs of the Federal
Government (including Centers of Excellence).
(c) Dissemination of Useful Information.--The Under Secretary of
Veterans Affairs for Health shall ensure that information produced by
the research, education and training, and clinical activities conducted
under this section that may be useful for other activities of the
Veterans Health Administration is disseminated throughout the Veterans
Health Administration.
(d) Traumatic Brain Injury Registry.--
(1) <<NOTE: Establishment.>> In general.--The Secretary of
Veterans Affairs shall establish and maintain a registry to be
known as the ``Traumatic Brain Injury Veterans Health Registry''
(in this section referred to as the ``Registry'').
[[Page 122 STAT. 491]]
(2) Description.--The Registry shall include the following
information:
(A) A list containing the name of each individual
who served as a member of the Armed Forces in Operation
Enduring Freedom or Operation Iraqi Freedom who exhibits
symptoms associated with traumatic brain injury, as
determined by the Secretary of Veterans Affairs, and
who--
(i) applies for care and services furnished by
the Department of Veterans Affairs under chapter
17 of title 38, United States Code; or
(ii) files a claim for compensation under
chapter 11 of such title on the basis of any
disability which may be associated with such
service.
(B) Any relevant medical data relating to the health
status of an individual described in subparagraph (A)
and any other information the Secretary considers
relevant and appropriate with respect to such an
individual if the individual--
(i) grants permission to the Secretary to
include such information in the Registry; or
(ii) is deceased at the time such individual
is listed in the Registry.
(3) Notification.--When possible, the Secretary shall notify
each individual listed in the Registry of significant
developments in research on the health consequences of military
service in the Operation Enduring Freedom and Operation Iraqi
Freedom theaters of operations.
SEC. 1705. <<NOTE: 38 USC 1710C note.>> PILOT PROGRAM ON ASSISTED
LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.
(a) <<NOTE: Deadline.>> Pilot Program.--Beginning not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs, in collaboration with the Defense and Veterans Brain
Injury Center of the Department of Defense, shall carry out a five-year
pilot program to assess the effectiveness of providing assisted living
services to eligible veterans to enhance the rehabilitation, quality of
life, and community integration of such veterans.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried out at
locations selected by the Secretary for purposes of the pilot
program. Of the locations so selected--
(A) at least one location shall be in each health
care region of the Veterans Health Administration of the
Department of Veterans Affairs that contains a
polytrauma center of the Department of Veterans Affairs;
and
(B) any location other than a location described in
subparagraph (A) shall be in an area that contains a
high concentration of veterans with traumatic brain
injuries, as determined by the Secretary.
(2) Special consideration for veterans in rural areas.--The
Secretary shall give special consideration to providing veterans
in rural areas with an opportunity to participate in the pilot
program.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program, the
Secretary may enter into agreements for the provision of
[[Page 122 STAT. 492]]
assisted living services on behalf of eligible veterans with a
provider participating under a State plan or waiver under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(2) Standards.--The Secretary may not place, transfer, or
admit a veteran to any facility for assisted living services
under the pilot program unless the Secretary determines that the
facility meets such standards as the Secretary may prescribe for
purposes of the pilot program. Such standards shall, to the
extent practicable, be consistent with the standards of Federal,
State, and local agencies charged with the responsibility of
licensing or otherwise regulating or inspecting such facilities.
(d) Continuation of Case Management and Rehabilitation Services.--In
carrying out the pilot program, the Secretary shall--
(1) continue to provide each veteran who is receiving
assisted living services under the pilot program with
rehabilitative services; and
(2) designate employees of the Veterans Health
Administration of the Department of Veterans Affairs to furnish
case management services for veterans participating in the pilot
program.
(e) Report.--
(1) In general.--Not later than 60 days after the completion
of the pilot program, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program.
(B) An assessment of the utility of the activities
under the pilot program in enhancing the rehabilitation,
quality of life, and community reintegration of veterans
with traumatic brain injury.
(C) Such recommendations as the Secretary considers
appropriate regarding the extension or expansion of the
pilot program.
(f) Definitions.--In this section:
(1) The term ``assisted living services'' means services of
a facility in providing room, board, and personal care for and
supervision of residents for their health, safety, and welfare.
(2) The term ``case management services'' includes the
coordination and facilitation of all services furnished to a
veteran by the Department of Veterans Affairs, either directly
or through a contract, including assessment of needs, planning,
referral (including referral for services to be furnished by the
Department, either directly or through a contract, or by an
entity other than the Department), monitoring, reassessment, and
followup.
(3) The term ``eligible veteran'' means a veteran who--
(A) is enrolled in the patient enrollment system of
the Department of Veterans Affairs under section 1705 of
title 38, United States Code;
(B) has received hospital care or medical services
provided by the Department of Veterans Affairs for a
traumatic brain injury;
[[Page 122 STAT. 493]]
(C) is unable to manage routine activities of daily
living without supervision and assistance, as determined
by the Secretary; and
(D) could reasonably be expected to receive ongoing
services after the end of the pilot program under this
section under another program of the Federal Government
or through other means, as determined by the Secretary.
SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.
(a) <<NOTE: 38 USC 1710A note.>> Finding.--Congress finds that
young veterans who are injured or disabled through military service and
require long-term care should have access to age-appropriate nursing
home care.
(b) Requirement to Provide Age-Appropriate Nursing Home Care.--
Section 1710A of title 38, 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) The Secretary shall ensure that nursing home care provided
under subsection (a) is provided in an age-appropriate manner.''.
SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF
HOSTILITIES AND WAR.
Subparagraph (C) of section 1710(e)(3) of title 38, United States
Code, is amended to read as follows:
``(C) in the case of care for a veteran described in
paragraph (1)(D) who--
``(i) is discharged or released from the active
military, naval, or air service after the date that is
five years before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008,
after a period of five years beginning on the date of
such discharge or release; or
``(ii) is so discharged or released more than five
years before the date of the enactment of that Act and
who did not enroll in the patient enrollment system
under section 1705 of this title before such date, after
a period of three years beginning on the date of the
enactment of that Act; and''.
SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH
CONDITIONS IN VETERANS.
(a) Presumption of Service-Connection for Mental Illness in Persian
Gulf War Veterans.--
(1) In general.--Section 1702 of title 38, United States
Code, is amended--
(A) by inserting ``(a) Psychosis.--'' before ``For
the purposes''; and
(B) by adding at the end the following new
subsection:
``(b) Mental Illness.--For purposes of this chapter, any veteran of
the Persian Gulf War who develops an active mental illness (other than
psychosis) shall be deemed to have incurred such disability in the
active military, naval, or air service if such veteran develops such
disability--
``(1) within two years after discharge or release from the
active military, naval, or air service; and
[[Page 122 STAT. 494]]
``(2) before the end of the two-year period beginning on the
last day of the Persian Gulf War.''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness after
service in the Persian Gulf War''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by striking the
item relating to section 1702 and inserting the following new
item:
``1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness following service in
the Persian Gulf War.''.
(b) Provision of Mental Health Assessments for Certain Veterans.--
Section 1712A(a) of such title is amended--
(1) in paragraph (1)(B), by adding at the end the following
new clause:
``(iii) Any veteran who served on active duty--
``(I) in a theater of combat operations (as
determined by the Secretary in consultation with the
Secretary of Defense) during a period of war after the
Persian Gulf War; or
``(II) in combat against a hostile force during a
period of hostilities (as defined in paragraph (2)(B))
after November 11, 1998.''; and
(2) by adding at the end the following new paragraph:
``(3) <<NOTE: Deadline.>> Upon request of a veteran described in
paragraph (1)(B)(iii), the Secretary shall provide the veteran a
preliminary general mental health assessment as soon as practicable
after receiving the request, but not later than 30 days after receiving
the request.''.
SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT DENTAL
SERVICES TO VETERANS WITH SERVICE-CONNECTED DENTAL
CONDITIONS OR DISABILITIES.
Section 1712(a)(1)(B)(iii) of title 38, United States Code, is
amended--
(1) by striking ``90 days after such discharge'' and
inserting ``180 days after such discharge'';
(2) by striking ``90 days from the date of such veteran's
subsequent discharge'' and inserting ``180 days from the date of
such veteran's subsequent discharge''; and
(3) by striking ``90 days after the date of correction'' and
inserting ``180 days after the date of correction''.
SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Clarification of Inclusion of Members of the National Guard and
Reserve in Program.--Subsection (a)(1) of section 6301 of title 38,
United States Code, is amended by inserting ``, or from a reserve
component,'' after ``active military, naval, or air service''.
(b) Definition of Outreach.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
[[Page 122 STAT. 495]]
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) the term `outreach' means the act or process of
reaching out in a systematic manner to proactively provide
information, services, and benefits counseling to veterans, and
to the spouses, children, and parents of veterans who may be
eligible to receive benefits under the laws administered by the
Secretary, to ensure that such individuals are fully informed
about, and receive assistance in applying for, such benefits;''.
SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES OF TRAUMATIC
SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(k) Designation of Fiduciary or Trustee.--(1) The Secretary
concerned, in consultation with the Secretary, shall develop a process
for the designation of a fiduciary or trustee of a member of the
uniformed services who is insured against traumatic injury under this
section. The fiduciary or trustee so designated would receive a payment
for a qualifying loss under this section if the member is medically
incapacitated (as determined pursuant to regulations prescribed by the
Secretary concerned in consultation with the Secretary) or experiencing
an extended loss of consciousness.
``(2) The process under paragraph (1) may require each member of the
uniformed services who is insured under this section to--
``(A) designate an individual as the member's fiduciary or
trustee for purposes of subsection (a); or
``(B) elect that a court of proper jurisdiction designate an
individual as the member's fiduciary or trustee for purposes of
subsection (a) in the event that the member becomes medically
incapacitated or experiences an extended loss of
consciousness.''.
TITLE <<NOTE: National Guard Empowerment Act of 2007.>> XVIII--NATIONAL
GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
[[Page 122 STAT. 496]]
SEC. 1801. <<NOTE: 10 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``National Guard Empowerment Act of
2007''.
Subtitle A--National Guard Bureau
SEC. 1811. 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 such section is amended to
read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the National
Guard Bureau is--
``(1) a principal 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.''.
[[Page 122 STAT. 497]]
SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF
THE DEPARTMENT OF DEFENSE.
(a) Joint Activity of the Department of Defense.--Subsection (a) of
section 10501 of title 10, United States Code, is amended by striking
``joint bureau of the Department of the Army and the Department of the
Air Force'' and inserting ``joint activity of the Department of
Defense''.
(b) Joint Manpower Requirements.--
(1) In general.--Chapter 1011 of such title is amended by
adding at the end the following new section:
``Sec. 10508. <<NOTE: Regulations.>> National Guard Bureau: general
provisions
``The manpower requirements of the National Guard Bureau as a joint
activity of the Department of Defense shall be determined in accordance
with regulations prescribed by the Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``10508. National Guard Bureau: general provisions.''.
SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Additional General Functions.--Section 10503 of title 10, United
States Code, is amended--
(1) by redesignating paragraph (12) as paragraph (14) and
inserting before such paragraph (14) the following new paragraph
(13):
``(13)(A) Assisting the Secretary of Defense in facilitating
and coordinating with the entities listed in subparagraph (B)
the use of National Guard personnel and resources for operations
conducted under title 32, or in support of State missions.
``(B) The entities listed in this subparagraph for purposes
of subparagraph (A) are the following:
``(i) Other Federal agencies.
``(ii) The Adjutants General of the States.
``(iii) The United States Joint Forces Command.
``(iv) The combatant command the geographic area of
responsibility of which includes the United States.'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The role of the National Guard Bureau in support of
the Secretary of the Army and the Secretary of the Air Force.''.
(b) Charter Developed and Prescribed by Secretary of Defense.--
Section 10503 of such title is further amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of the Army and the
Secretary of the Air Force shall jointly develop'' and
inserting ``The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, the
Secretary of the Army, and the Secretary of the Air
Force, shall develop''; and
[[Page 122 STAT. 498]]
(B) by striking ``cover'' in the second sentence and
inserting ``reflect the full scope of the duties and
activities of the Bureau, including''; and
(2) in paragraph (14), as redesignated by subsection (a)(1),
by striking ``the Secretaries'' and inserting ``the Secretary of
Defense''.
(c) 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''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10503 and inserting the following
new item:
``10503. Functions of National Guard Bureau: charter.''.
SEC. 1814. <<NOTE: 10 USC 113 note.>> REQUIREMENT FOR SECRETARY OF
DEFENSE TO PREPARE PLAN FOR RESPONSE TO NATURAL DISASTERS
AND TERRORIST EVENTS.
(a) <<NOTE: Deadline.>> Requirement for Plan.--
(1) In general.--Not later than June 1, 2008, the Secretary
of Defense, in consultation with the Secretary of Homeland
Security, the Chairman of the Joint Chiefs of Staff, the
commander of the United States Northern Command, and the Chief
of the National Guard Bureau, shall prepare and submit to
Congress a plan for coordinating the use of the National Guard
and members of the Armed Forces on active duty when responding
to natural disasters, acts of terrorism, and other man-made
disasters as identified in the national planning scenarios
described in subsection (e).
(2) Update.--Not later than June 1, 2010, the Secretary, in
consultation with the persons consulted under paragraph (1),
shall submit to Congress an update of the plan required under
paragraph (1).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National Guard Bureau,
pursuant to its purpose as channel of communications as set forth in
section 10501(b) of title 10, United States Code, shall provide to the
Secretary information gathered from Governors, adjutants general of
States, and other State civil authorities responsible for homeland
preparation and response to natural and man-made disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and one using
both members of the National Guard and members of the regular components
of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum, the
following:
(1) Protocols for the Department of Defense, the National
Guard Bureau, and the Governors of the several States to carry
out operations in coordination with each other and to ensure
that Governors and local communities are properly informed and
remain in control in their respective States and communities.
[[Page 122 STAT. 499]]
(2) An identification of operational procedures, command
structures, and lines of communication to ensure a coordinated,
efficient response to contingencies.
(3) An identification of the training and equipment needed
for both National Guard personnel and members of the Armed
Forces on active duty to provide military assistance to civil
authorities and for other domestic operations to respond to
hazards identified in the national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide for
response to the following hazards:
(1) Nuclear detonation, biological attack, biological
disease outbreak/pandemic flu, the plague, chemical attack-
blister agent, chemical attack-toxic industrial chemicals,
chemical attack-nerve agent, chemical attack-chlorine tank
explosion, major hurricane, major earthquake, radiological
attack-radiological dispersal device, explosives attack-bombing
using improvised explosive device, biological attack-food
contamination, biological attack-foreign animal disease and
cyber attack.
(2) Any other hazards identified in a national planning
scenario developed by the Homeland Security Council.
SEC. 1815. <<NOTE: 10 USC 113 note.>> DETERMINATION OF DEPARTMENT OF
DEFENSE CIVIL SUPPORT REQUIREMENTS.
(a) Determination of Requirements.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall determine
the military-unique capabilities needed to be provided by the Department
of Defense to support civil authorities in an incident of national
significance or a catastrophic incident.
(b) Plan for Funding Capabilities.--
(1) Plan.--The Secretary of Defense shall develop and
implement a plan, in coordination with the Secretaries of the
military departments and the Chairman of the Joint Chiefs of
Staff, for providing the funds and resources necessary to
develop and maintain the following:
(A) The military-unique capabilities determined
under subsection (a).
(B) Any additional capabilities determined by the
Secretary to be necessary to support the use of the
active components and the reserve components of the
Armed Forces for homeland defense missions, domestic
emergency responses, and providing military support to
civil authorities.
(2) Term of plan.--The plan required under paragraph (1)
shall cover at least five years.
(c) Budget.--The Secretary of Defense shall include in the materials
accompanying the budget submitted for each fiscal year a request for
funds necessary to carry out the plan required under subsection (b)
during the fiscal year covered by the budget. The defense budget
materials shall delineate and explain the budget treatment of the plan
for each component of each military department, each combatant command,
and each affected Defense Agency.
(d) Definitions.--In this section:
(1) The term ``military-unique capabilities'' means those
capabilities that, in the view of the Secretary of Defense--
(A) cannot be provided by other Federal, State, or
local civilian agencies; and
[[Page 122 STAT. 500]]
(B) are essential to provide support to civil
authorities in an incident of national significance or a
catastrophic incident.
(2) 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.
(e) Strategic Planning Guidance.--Section 113(g)(2) of title 10,
United States Code, is amended by striking ``contingency plans'' at the
end of the first sentence and inserting the following: ``contingency
plans, including plans for providing support to civil authorities in an
incident of national significance or a catastrophic incident, for
homeland defense, and for military support to civil authorities''.
Subtitle B--Additional Reserve Component Enhancement
SEC. 1821. UNITED STATES NORTHERN COMMAND.
(a) <<NOTE: Deadlines.>> Manpower Review.--
(1) Review by chairman of the joint chiefs of staff.--Not
later than one year after the date of the enactment of this Act,
the Chairman of the Joint Chiefs of Staff shall submit to the
Secretary of Defense a review of the civilian and military
positions, job descriptions, and assignments within the United
States Northern Command with the goal of determining the
feasibility of significantly increasing the number of members of
a reserve component assigned to, and civilians employed by, the
United States Northern Command who have experience in the
planning, training, and employment of forces for homeland
defense missions, domestic emergency response, and providing
military support to civil authorities.
(2) Submission of results of review.--Not later than 90 days
after the date on which the Secretary of Defense receives the
results of the review under paragraph (1), the Secretary shall
submit to Congress a copy of the results of the review, together
with such recommendations as the Secretary considers appropriate
to achieve the objectives of the review.
(b) Definition.--In this section, the term ``United States Northern
Command'' means the combatant command the geographic area of
responsibility of which includes the United States.
SEC. 1822. <<NOTE: President. Establishment. 32 USC 104 note.>> COUNCIL
OF GOVERNORS.
The President shall establish a bipartisan Council of Governors to
advise the Secretary of Defense, the Secretary of Homeland Security, and
the White House Homeland Security Council on matters related to the
National Guard and civil support missions.
SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.
(a) Plan.--The Secretary of Defense shall develop a plan to
implement revisions that the Secretary determines necessary in the
designation, organization, membership, functions, procedures, and
legislative framework of the Reserve Forces Policy Board. The plan--
(1) shall be consistent with the findings, conclusions, and
recommendations included in Part III E of the Report of the
[[Page 122 STAT. 501]]
Commission on the National Guard and Reserves of March 1, 2007;
and
(2) to the extent possible, shall take into account the
views and recommendations of civilian and military leaders, past
chairmen of the Reserve Forces Policy Board, private
organizations with expertise and interest in Department of
Defense organization, and other individuals or groups in the
discretion of the Secretary.
(b) Report.--Not later than July 1, 2008, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the plan developed under subsection
(a), including such recommendations for legislation as the Secretary
considers necessary.
SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE HELD BY
RESERVE COMPONENT GENERAL OR FLAG OFFICERS.
(a) <<NOTE: 10 USC 164 note.>> Sense of Congress.--It is the sense
of Congress that, whenever officers of the Armed Forces are considered
for promotion to the grade of lieutenant general, or vice admiral in the
case of the Navy, on the active duty list, officers in the reserve
components of the Armed Forces who are eligible for promotion to such
grade should be considered for promotion to such grade.
(b) National Guard Officer as Deputy Commander of United States
Northern Command.--Section 164(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) At least one deputy commander of the combatant command the
geographic area of responsibility of which includes the United States
shall be a qualified officer of the National Guard who is eligible for
promotion to the grade of O-9, unless a National Guard officer is
serving as commander of that combatant command.''.
(c) Increase in Number of Unified and Specified Combatant Command
Positions for Reserve Component Officers.--Section 526(b)(2)(A) of such
title is amended by striking ``10 general and flag officer positions on
the staffs of the commanders of'' and inserting ``15 general and flag
officer positions in''.
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN
RESERVE GENERAL AND FLAG OFFICERS.
(a) Retirement for Age.--
(1) Inclusion of reserve generals and admirals.--Section
14511 of title 10, United States Code, is amended to read as
follows:
``Sec. 14511. Separation at age 64: officers in grade of major general
or rear admiral and above
``(a) Separation Required.--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 major general or
above and each reserve officer of the Navy in the grade of rear admiral
or above shall be separated in accordance with section 14515 of this
title on the last day of the month in which the officer becomes 64 years
of age.
``(b) Exception for Officers Serving in O-9 and O-10 Positions.--The
retirement of a reserve officer of the Army, Air Force, or Marine Corps
in the grade of lieutenant general or general,
[[Page 122 STAT. 502]]
or a reserve officer of the Navy in the grade of vice admiral or
admiral, under subsection (a) may be deferred--
``(1) by the President, but such a deferment may not extend
beyond the first day of the month following the month in which
the officer becomes 68 years of age; or
``(2) by the Secretary of Defense, but such a deferment may
not extend beyond the first day of the month following the month
in which the officer becomes 66 years of age.
``(c) Exception for Officers Holding Certain Offices.--This section
does not apply to an officer covered by section 14512 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1407 of such title is amended by striking
the item relating to section 14511 and inserting the following
new item:
``14511. Separation at age 64: officers in grade of major general or
rear admiral and above.''.
(b) Conforming Amendments and Reserve Officers Holding Certain Other
Offices.--Section 14512 of such title is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may defer the retirement of a reserve
officer serving in the position of Chief of the Navy Reserve or
Commander of the Marine Forces Reserve, but such deferment may not
extend beyond the first day of the month following the month in which
the officer becomes 66 years of age. A deferment under this paragraph
shall not count toward the limitation on the total number of officers
whose retirement may be deferred at any one time under paragraph (1).''.
(c) Imposition of Years of Service Limitation.--
(1) Imposition of limitation.--Section 14508 of such title
is amended by inserting after subsection (c), as added by
section 513, the following new subsection:
``(d) Forty Years of Service for Generals and 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 general and each reserve officer of the Navy in the grade
of admiral shall be separated in accordance with section 14514 of this
title on the first day of the first month beginning after the date of
the fifth anniversary of the officer's appointment to that grade or 30
days after the date on which the officer completes 40 years of
commissioned service, whichever is later.''.
(2) Conforming amendments.--Subsection (b) of section 10502
of such title, as amended by section 1811, is further amended--
(A) by inserting ``(1)'' before the first sentence;
and
(B) by striking ``While holding that office'' and
inserting the following:
[[Page 122 STAT. 503]]
``(2) Except as provided in section 14508(d) of this title, while
holding the office of Chief of the National Guard Bureau''.
SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD
EQUIPMENT.
Section 10541 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Each report under this section concerning equipment of the
National Guard shall also include the following:
``(1) A statement of the accuracy of the projections
required by subsection (b)(5)(D) contained in earlier reports
under this section, and an explanation, if the projection was
not met, of why the projection was not met.
``(2) <<NOTE: Certification.>> A certification from the
Chief of the National Guard Bureau setting forth an inventory
for the preceding fiscal year of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the National
Guard during that fiscal year; and
``(C) which has not been received by a National
Guard unit as of the close of that fiscal year.''.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2008.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.
SEC. 2002. 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 XXVII and in 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.
[[Page 122 STAT. 504]]
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. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.
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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot.......................... $26,000,000
Redstone Arsenal............................. $22,000,000
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 Base......................... $17,500,000
Florida........................................ Miami Doral.................................. $237,000,000
Georgia........................................ Fort Benning................................. $189,500,000
Fort Stewart/Hunter Army Air Field........... $123,500,000
Hawaii......................................... Fort Shafter................................. $31,000,000
Kahuku Training Area......................... $10,200,000
Schofield Barracks........................... $88,000,000
Wheeler Army Air Field....................... $51,000,000
Illinois....................................... Rock Island Arsenal.......................... $3,350,000
Kansas......................................... Fort Leavenworth............................. $102,400,000
Fort Riley................................... $140,200,000
Kentucky....................................... Fort Campbell................................ $113,600,000
Fort Knox.................................... $6,700,000
Louisiana...................................... Fort Polk.................................... $15,900,000
Maryland....................................... Aberdeen Proving Ground...................... $12,200,000
Michigan....................................... Detroit Arsenal.............................. $18,500,000
Missouri....................................... Fort Leonard Wood............................ $136,050,000
Nevada......................................... Hawthorne Army Ammunition Plant.............. $11,800,000
New Jersey..................................... Picatinny Arsenal............................ $9,900,000
New Mexico..................................... White Sands Missile Range.................... $71,000,000
New York....................................... Fort Drum.................................... $311,200,000
North Carolina................................. Fort Bragg................................... $287,200,000
Oklahoma....................................... Fort Sill.................................... $7,500,000
South Carolina................................. Fort Jackson................................. $85,000,000
Texas.......................................... Camp Bullis.................................. $1,600,000
[[Page 122 STAT. 505]]
Corpus Christi............................... $11,200,000
Fort Bliss................................... $118,400,000
Fort Hood.................................... $163,400,000
Fort Sam Houston............................. $19,150,000
Red River Army Depot......................... $9,200,000
Virginia....................................... Fort Belvoir................................. $13,000,000
Fort Eustis.................................. $75,000,000
Fort Lee..................................... $22,600,000
Fort Myer.................................... $20,800,000
Washington..................................... Fort Lewis................................... $178,500,000
Yakima Training Center....................... $29,000,000
----------------------------------------------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Afghanistan.............. $13,800,000
Bulgaria..................... Nevo Selo FOS............ $61,000,000
Germany...................... Grafenwoehr.............. $62,000,000
Honduras..................... Various locations........ $2,550,000
Italy........................ Aviano................... $12,100,000
Vicenza.................. $160,900,000
Korea........................ Camp Humphreys........... $57,000,000
Romania...................... Mihail Kogalniceanu FOS.. $12,600,000
------------------------------------------------------------------------
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:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Utah.................................... Dugway Proving Ground.......... 28................... $5,000,000
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.
[[Page 122 STAT. 506]]
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
$5,106,703,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,198,150,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $254,950,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$25,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $424,400,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $731,920,000.
(6) 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; 121 Stat. 41), $102,000,000.
(7) 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.
(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) $137,000,000 (the balance of the amount authorized under
section 2101(a) for construction of the United States Southern
Command Headquarters, Miami, Florida).
(3) $63,500,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex operations
support facility at Vicenza, Italy).
[[Page 122 STAT. 507]]
(4) $63,500,000 (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;
[[Page 122 STAT. 508]]
(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. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION AUTHORIZATION
ACT FOR FISCAL YEAR 2007.
(a) 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) Spelling 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. 2107. 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. 2108. EXTENSION OF AUTHORIZATION 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
(118 Stat. 2101), 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
------------------------------------------------------------------------
[[Page 122 STAT. 509]]
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 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.
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.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
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:
[[Page 122 STAT. 510]]
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Outlying Field Evergreen..................... $9,560,000
Arizona........................................ Marine Corps Air Station, Yuma............... $33,720,000
California..................................... Marine Corps Air Station, Miramar............ $26,760,000
Marine Corps Base, Camp Pendleton............ $264,360,000
Marine Corps Base, Twentynine Palms.......... $142,619,000
Naval Station, San Diego..................... $3,000,000
Naval Support Activity, Monterey............. $9,780,000
Submarine Base, San Diego.................... $23,630,000
Connecticut.................................... Submarine Base, New London................... $21,160,000
Florida........................................ Marine Corps Logistics Base, Blount Island... $10,240,000
Naval Support Activity, Cape Canaveral....... $9,900,000
Naval Surface Warfare Center, Panama City.... $13,870,000
Naval Training Center, Corry Field........... $3,140,000
Georgia........................................ Marine Corps Logistics Base.................. $9,980,000
Hawaii......................................... Marine Corps Air Station, Kaneohe............ $37,961,000
Naval Base, Pearl Harbor..................... $99,860,000
Naval Station Pearl Harbor, Wahiawa.......... $65,410,000
Pearl Harbor Naval Shipyard.................. $30,200,000
Illinois....................................... Naval Training Center, Great Lakes........... $10,221,000
Indiana........................................ Naval Support Activity, Crane................ $23,800,000
Maine.......................................... Portsmouth Naval Shipyard.................... $9,700,000
Maryland....................................... Naval Air Warfare Center, Patuxent River..... $38,360,000
Naval Surface Warfare Center, Indian Head.... $9,450,000
Mississippi.................................... Naval Air Station, Meridian.................. $6,770,000
Nevada......................................... Naval Air Station, Fallon.................... $11,460,000
New Jersey..................................... Naval Air Warfare Center, Lakehurst.......... $4,100,000
North Carolina................................. Marine Corps Air Station, Cherry Point....... $28,610,000
Marine Corps Air Station, New River.......... $58,700,000
Marine Corps Base, Camp Lejeune.............. $248,930,000
Rhode Island................................... Naval Station, Newport....................... $13,760,000
South Carolina................................. Marine Corps Air Station, Beaufort........... $10,300,000
Marine Corps Recruit Depot, Parris Island.... $55,282,000
Texas.......................................... Naval Air Station, Corpus Christi............ $14,290,000
Virginia....................................... Marine Corps Base, Quantico.................. $50,519,000
Naval Station, Norfolk....................... $79,560,000
Naval Support Activity, Chesapeake........... $8,450,000
Naval Surface Warfare Center, Dahlgren....... $10,000,000
Washington..................................... Naval Air Station, Whidbey Island............ $34,520,000
Naval Station, Bremerton..................... $190,960,000
Naval Station, Everett....................... $10,940,000
Naval Station, Kitsap........................ $6,130,000
----------------------------------------------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahrain...................... Southwest Asia........... $35,500,000
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
[[Page 122 STAT. 511]]
Guam......................... Naval Activities, Guam... $278,818,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified........ Wharf Utilities Upgrade.. $8,900,000
------------------------------------------------------------------------
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 installations, in the number of units, and in the amounts set forth
in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Twentynine Palms............... N/A.................. $4,800,000
Mariana Islands......................... Naval Activities, Guam......... 73................... $57,167,000
----------------------------------------------------------------------------------------------------------------
(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.
(a) In General.--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 $2,885,317,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,628,762,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $292,946,000.
[[Page 122 STAT. 512]]
(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, $113,017,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $293,129,000.
(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 (formerly referred to as a project at Naval Station,
Everett), 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,
Bangor, Washington (formerly referred to as a project at the
Strategic Weapons Facility Pacific, Bangor), 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.
(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 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $50,000,000 (the balance of the amount authorized under
section 2201(a) for a submarine drive-in magnetic silencing
facility in Pearl Harbor, Hawaii).
(3) $50,912,000 (the balance of the amount authorized under
section 2201(b) for construction of a wharf extension in Apra
Harbor, Guam).
[[Page 122 STAT. 513]]
(4) $71,200,000 (the balance of the amount authorized under
section 2201(a) for a nuclear aircraft carrier maintenance pier
at Naval Station Bremerton, Washington).
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 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 (120 Stat.
2450) is amended--
[[Page 122 STAT. 514]]
(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''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for 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) and section 2205 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2452), is amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$147,760,000'' in the
amount column and inserting ``$295,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2107), 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) and section 2205 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2453), is amended in subsection (b)(6), by
striking ``$95,320,000'' and inserting ``$259,320,000''.
SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING
LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA.
(a) Repeal of Authorization.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704) is amended by striking the item
relating to Navy Outlying Landing Field, Washington County, North
Carolina, as added by section 2205(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2452).
(b) Repeal of Incremental Funding Authority.--Section 2204(b) of
that Act (117 Stat. 1706) is amended by striking paragraph (6).
(c) Effect of Repeal.--The amendments made by this section do not
affect the expenditure of funds obligated, before the effective date of
this title, for the construction of the Navy Outlying Landing Field,
Washington County, North Carolina, or the acquisition of real property
to facilitate such construction.
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 projects.
[[Page 122 STAT. 515]]
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.
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(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
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska...................... Elmendorf Air Force Base $83,180,000
Arizona..................... Davis-Monthan Air Force $11,200,000
Base.
Luke Air Force Base..... $5,500,000
Arkansas.................... Little Rock Air Force $19,600,000
Base.
California.................. Travis Air Force Base... $37,400,000
Colorado.................... Fort Carson............. $13,500,000
Schriever Air Force Base $24,500,000
United States Air Force $15,000,000
Academy.
District of Columbia........ Bolling Air Force Base.. $2,500,000
Florida..................... Eglin Air Force Base.... $158,300,000
MacDill Air Force Base.. $60,500,000
Patrick Air Force Base.. $11,854,000
Tyndall Air Force Base.. $52,514,000
Georgia..................... Moody Air Force Base.... $7,500,000
Robins Air Force Base... $19,700,000
Hawaii...................... Hickam Air Force Base... $31,971,000
Illinois.................... Scott Air Force Base.... $24,900,000
Kansas...................... Fort Riley.............. $12,515,000
McConnell Air Force Base $6,300,000
Massachusetts............... Hanscom Air Force Base.. $12,800,000
Mississippi................. Columbus Air Force Base. $9,800,000
Missouri.................... Whiteman Air Force Base. $11,400,000
Montana..................... Malmstrom Air Force Base $7,000,000
Nebraska.................... Offutt Air Force Base... $16,952,000
Nevada...................... Nellis Air Force Base... $4,950,000
New Mexico.................. Cannon Air Force Base... $1,688,000
Kirtland Air Force Base. $15,100,000
North Dakota................ Grand Forks Air Force $13,000,000
Base.
Minot Air Force Base.... $18,200,000
Oklahoma.................... Altus Air Force Base.... $2,000,000
Tinker Air Force Base.. $34,600,000
Vance Air Force Base.... $7,700,000
South Carolina.............. Charleston Air Force $11,000,000
Base.
Shaw Air Force Base..... $9,300,000
South Dakota................ Ellsworth Air Force Base $16,600,000
Texas....................... Goodfellow Air Force $5,800,000
Base.
Lackland Air Force Base. $14,000,000
Laughlin Air Force Base. $5,200,000
Randolph Air Force Base. $2,950,000
Shepard Air Force Base.. $7,000,000
Utah........................ Hill Air Force Base..... $25,999,000
Washington.................. Fairchild Air Force Base $6,200,000
Wyoming..................... Francis E. Warren Air $14,600,000
Force Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2),
[[Page 122 STAT. 516]]
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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $15,816,000
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 Menwith $41,000,000
Hill Station.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(3), the Secretary of
the Air Force may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $12,328,000
Evaluation Program.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force 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:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Ramstein Air Base................ 117................ $56,275,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(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(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $259,262,000.
[[Page 122 STAT. 517]]
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 $2,175,829,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $872,273,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $146,425,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $13,828,000.
(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, $43,721,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $327,747,000.
(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 increments 3 and 4 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), $43,500,000.
(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 (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'';
[[Page 122 STAT. 518]]
(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 Base, 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
[[Page 122 STAT. 519]]
(2) in paragraph (1), by striking ``$962,286,000'' and
inserting ``$736,661,000''.
(c) Exception.--The termination of the authorization of a military
construction project or land acquisition as a result of the amendment
made by subsection (a) shall not apply with respect to a military
construction project or land acquisition--
(1) that was authorized by section 2301(a) of such Act; and
(2) for which a contract for the construction or acquisition
was entered into before October 1, 2007.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Further Modification of Inside the United States Project.--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--
(1) in the item relating to Edwards Air Force Base,
California, by striking ``$103,000,000'' in the amount column
and inserting ``$111,500,000''; and
(2) 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 Amendments.--Section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3496), as amended by section 2305(b) of
the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2456), is further amended--
(1) in paragraph (3), by striking ``$66,000,000'' and
inserting ``$74,500,000''; and
(2) in paragraph (4), 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), the authorizations set forth in
the table in subsection (b), as provided in section 2302 of that Act
(118 Stat. 2110), 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).
[[Page 122 STAT. 520]]
Housing maintenance $1,250,000
facility.
Columbus Air Force Base, Housing management $711,000
Mississippi. facility.
Whiteman Air Force Base, Family housing (160 $37,087,000
Missouri. units).
Seymour Johnson Air Force Base, Family housing (167 $32,693,000
North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany..... USAFE Theater Aerospace $24,024,000
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 (117
Stat. 1710) 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, Family housing (56 $12,723,000
California. 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.
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. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
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:
[[Page 122 STAT. 521]]
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................... Marine Corps Base, Camp Lejeune.................. $2,014,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia........................... Bolling Air Force Base......................... $1,012,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Port Loma Annex.................................. $140,000,000
Florida...................................... Naval Air Station, Key West...................... $1,874,000
Hawaii....................................... Hickam Air Force Base............................ $11,900,000
New Mexico................................... Kirtland Air Force Base.......................... $1,800,000
Ohio......................................... Defense Supply Center, Columbus.................. $4,000,000
Pennsylvania................................. Defense Distribution Depot, New Cumberland....... $21,000,000
Virginia..................................... Fort Belvoir..................................... $5,000,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland..................................... Fort Meade....................................... $11,901,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base, Camp Pendleton................ $20,030,000
Naval Amphibious Base, Coronodo.................. $12,000,000
Florida...................................... Hurlburt Field................................... $29,111,000
MacDill Air Force Base........................... $47,700,000
Georgia...................................... Fort Benning..................................... $35,000,000
Hunter Army Air Field............................ $13,800,000
Kentucky..................................... Fort Campbell.................................... $53,500,000
Mississippi.................................. Stennis Space Center............................. $10,200,000
New Mexico................................... Cannon Air Force Base............................ $7,500,000
North Carolina............................... Fort Bragg....................................... $47,250,000
Marine Corps Base, Camp Lejeune.................. $28,210,000
Virginia..................................... Dam Neck......................................... $113,800,000
Naval Amphibious Base, Little Creek.............. $48,000,000
Washington................................... Fort Lewis....................................... $77,000,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida...................................... MacDill Air Force Base........................... $5,000,000
Illinois..................................... Naval Hospital, Great Lakes...................... $99,000,000
New York..................................... Fort Drum........................................ $41,000,000
Texas........................................ Camp Bullis...................................... $7,400,000
[[Page 122 STAT. 522]]
Virginia..................................... Naval Station, Norfolk........................... $6,450,000
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
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Sterrebeek...................................... $5,992,000
Germany....................................... Ramstein Air Base............................... $5,393,000
Wiesbaden Air Base.............................. $20,472,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $19,000,000
Qatar......................................... Al Udeid AB..................................... $52,852,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or 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
----------------------------------------------------------------------------------------------------------------
Location Installation or 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.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for
[[Page 122 STAT. 523]]
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments) in the total amount of $1,763,120,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $791,902,000.
(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,
$5,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $155,569,000.
(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
[[Page 122 STAT. 524]]
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.
(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 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $84,300,000 (the balance of the amount authorized for
the Defense Logistics Agency under section 2401(a) for the
replacement of fuel storage facilities, Point Loma Annex,
California).
(3) $47,250,000 (the balance of the amount authorized for
the Special Operations Command under section 2401(a) for a
special operations forces operations facility at Dam Neck,
Virginia).
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.
(a) Termination of 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 Munitions Demilitarization Facility 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 (120 Stat.
2460) is amended--
(1) in the matter preceding paragraph (1), by striking
``$7,163,431,000'' and inserting ``$7,197,390,000''; and
[[Page 122 STAT. 525]]
(2) in paragraph (1), by striking ``$533,099,000'' and
inserting ``$515,999,000''.
SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS ARMY DEPOT,
KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY, COLORADO.
(a) Munitions Demilitarization Facility, Blue Grass Army Depot.--
(1) Authority to increase amount for construction.--
Consistent with the total project amount authorized for the
construction a munitions demilitarization facility at Blue Grass
Army Depot, Kentucky, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 836), 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), the Secretary of Defense may transfer amounts of
authorizations made available by section 2403(a)(1) of this Act
to increase amounts available for the construction of increment
8 of such munitions demilitarization facility.
(2) Aggregate limit.--The aggregate amount of authorizations
that the Secretary may transfer under the authority of this
subsection may not exceed $17,300,000.
(b) Munitions Demilitarization Facility, Pueblo Chemical Activity.--
(1) Authority to increase amount for construction.--
Consistent with the total project amount authorized for the
construction a munitions demilitarization facility at Pueblo
Chemical Activity, Colorado, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (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),
the Secretary of Defense may transfer amounts of authorizations
made available by section 2403(a)(1) of this Act to increase
amounts available for the construction of increment 9 of such
munitions demilitarization facility.
(2) Aggregate limit.--The aggregate amount of authorizations
that the Secretary may transfer under the authority of this
subsection may not exceed $32,000,000.
(c) Certification Requirement.--Before exercising the authority
provided in subsection (a) or (b), the Secretary of Defense shall
provide to the congressional defense committees--
(1) a certification that the transfer under such subsection
of amounts authorized to be appropriated is in the best interest
of national security; and
(2) a statement that the increased amount authorized to be
appropriated will be used to carry out authorized military
construction activities.
SEC. 2406. 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
[[Page 122 STAT. 526]]
(division B of Public Law 108-375; 118 Stat. 2116), the authorizations
set forth in the table in subsection (b), as provided in section 2401 of
that Act (118 Stat. 2112), 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 Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. 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.
Sec. 2502. Authorization of appropriations, NATO.
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.
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.
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, National 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.
[[Page 122 STAT. 527]]
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain Fiscal Year 2004
projects.
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
Arizona....................... Florence................... $10,870,000
Arkansas...................... Camp Robinson.............. $25,823,000
California.................... Camp Roberts............... $2,850,000
Sacramento Army Depot...... $21,000,000
Connecticut................... Niantic.................... $13,600,000
Florida....................... Camp Blanding.............. $15,524,000
Jacksonville............... $12,200,000
Idaho......................... Gowen Field................ $7,615,000
Orchard Training Area...... $1,700,000
Illinois...................... St. Clair County........... $8,100,000
Indiana....................... Muscatatuck................ $4,996,000
Iowa.......................... Iowa City.................. $13,186,000
Kentucky...................... London..................... $2,427,000
Michigan...................... Camp Grayling.............. $2,450,000
Lansing.................... $4,239,000
Minnesota..................... Camp Ripley................ $17,450,000
Mississippi................... Camp Shelby................ $4,000,000
Missouri...................... Whiteman Air Force Base.... $30,000,000
North Carolina................ Asheville.................. $3,733,000
North Dakota.................. Camp Grafton............... $33,416,000
Oregon........................ Ontario.................... $11,000,000
Pennsylvania.................. Carlisle................... $7,800,000
East Fallowfield Township.. $8,300,000
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
Waynesburg................. $9,000,000
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................ $9,400,000
Wyoming....................... Camp Guernsey.............. $2,650,000
------------------------------------------------------------------------
[[Page 122 STAT. 528]]
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.................... BT Collins................. $6,874,000
Fort Hunter Liggett........ $7,035,000
Garden Grove............... $25,440,000
Montana....................... Butte...................... $7,629,000
New Jersey.................... Fort Dix................... $22,900,000
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 Force $10,277,000
Base.
Oregon........................ Portland................... $1,900,000
South Dakota.................. Sioux Falls................ $3,730,000
Texas......................... Austin..................... $6,490,000
Fort Worth................. $27,484,000
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 Guard $7,300,000
Base.
Delaware..................... New Castle................. $10,800,000
[[Page 122 STAT. 529]]
Florida...................... Jacksonville International $6,000,000
Airport.
Georgia...................... Savannah International $9,000,000
Airport.
Indiana...................... Hulman Regional Airport.... $7,700,000
Kansas....................... Smoky Hill Air National $9,000,000
Guard Range.
Louisiana.................... Camp Beauregard............ $1,800,000
Massachusetts................ Otis Air National Guard $1,800,000
Base.
Barnes Air National Guard $7,300,000
Base.
Mississippi.................. Key Field.................. $6,100,000
Nebraska..................... Lincoln.................... $8,900,000
Nevada....................... Reno-Tahoe International $5,200,000
Airport.
New Hampshire................ Pease Air National Guard $8,900,000
Base.
New Jersey................... Atlantic City.............. $9,800,000
New York..................... Gabreski Airport........... $8,400,000
Griffiss................... $6,600,000
Hancock Field.............. $5,100,000
North Carolina............... Charlotte.................. $4,000,000
Ohio......................... Rickenbacker Air National $7,600,000
Guard Base.
Pennsylvania................. Fort Indiantown Gap........ $12,700,000
Harrisburg................. $1,000,000
Rhode Island................. Quonset State Airport...... $5,000,000
South Dakota................. Joe Foss Field............. $7,900,000
Tennessee.................... Lovell Field............... $8,200,000
McGhee-Tyson Airport....... $3,200,000
Memphis International $11,376,000
Airport.
Texas........................ Ellington Field............ $7,200,000
Vermont...................... Burlington................. $6,600,000
West Virginia................ Eastern WV Regional Airport $50,776,000
Yeager..................... $17,300,000
Wisconsin.................... Truax Field................ $7,000,000
------------------------------------------------------------------------
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 Base... $14,950,000
Utah.......................... Hill Air Force Base........ $3,200,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL 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--
[[Page 122 STAT. 530]]
(A) for the Army National Guard of the United
States, $536,656,000; and
(B) for the Army Reserve, $148,133,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $64,430,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$287,537,000; and
(B) for the Air Force Reserve, $28,359,000.
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
(118 Stat. 2115), 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
Gary, Indiana.................... Reserve center....... $9,380,000
------------------------------------------------------------------------
[[Page 122 STAT. 531]]
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 (117
Stat. 1715) 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, Multi-purpose training $15,338,000
Pennsylvania. 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.
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 for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
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
[[Page 122 STAT. 532]]
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 $295,689,000, as follows:
(1) For the Department of the Army, $98,716,000.
(2) For the Department of the Navy, $50,000,000.
(3) For the Department of the Air Force, $143,260,000.
(4) 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.
(a) Authorization of Appropriations.--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 $8,040,401,000, 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.
(b) General Reduction.--The amount otherwise authorized to be
appropriated by subsection (a) is reduced by $133,914,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS RELATED TO
BASE CLOSURES AND REALIGNMENTS.
(a) Variations Authorized.--Section 2905A of 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) is amended by adding at the end the
following new subsection:
``(f) Authorized Cost and Scope of Work Variations.--(1) Subject to
paragraphs (2) and (3), the cost authorized for a military construction
project or military family housing project to be carried out using funds
in the Account may not be increased or reduced by more than 20 percent
or $2,000,000, whichever is greater, of the amount specified for the
project in the conference report to accompany the Military Construction
Authorization Act authorizing
[[Page 122 STAT. 533]]
the project. The scope of work for such a project may not be reduced by
more than 25 percent from the scope specified in the most recent budget
documents for the projects listed in such conference report.
``(2) Paragraph (1) shall not apply to a military construction
project or military family housing project to be carried out using funds
in the Account with an estimated cost of less than $5,000,000, unless
the project has not been previously identified in any budget submission
for the Account and exceeds the applicable minor construction threshold
under section 2805 of title 10, United States Code.
``(3) The limitation on cost or scope variation in paragraph (1)
shall not apply if the Secretary of Defense makes a determination that
an increase or reduction in cost or a reduction in the scope of work for
a military construction project or military family housing project to be
carried out using funds in the Account needs to be made for the sole
purpose of meeting unusual variations in cost or
scope. <<NOTE: Notification. Deadlines.>> If the Secretary makes such a
determination, the Secretary shall notify the congressional defense
committees of the variation in cost or scope not later than 21 days
before the date on which the variation is made in connection with the
project or, if the notification is provided in an electronic medium
pursuant to section 480 of title 10, United States Code, not later than
14 days before the date on which the variation is made. The Secretary
shall include the reasons for the variation in the notification.''.
(b) Report on Existing Projects.--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 specifying all military
construction projects and military family housing projects carried out
using funds in the Department of Defense Base Closure Account 2005 for
which a cost or scope of work variation was made before that date that
would have been subject to subsection (f) of section 2905A of the
Defense Base Closure and Realignment Act of 1990, as added by this
section, if such subsection had been in effect when the cost or scope of
work variation was made. The Secretary shall include a description of
each variation covered by the report and the reasons for the variation.
SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING FUNDS.
(a) Transfer Authority.--Subsection (c) of section 2883 of title 10,
United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
``(G) Subject to subsection (f), any amounts that the
Secretary of Defense transfers to that Fund from amounts in the
Department of Defense Base Closure Account 2005.''; and
(2) in paragraph (2), by adding at the end the following new
subparagraph:
``(G) Subject to subsection (f), any amounts that the
Secretary of Defense transfers to that Fund from amounts in the
Department of Defense Base Closure Account 2005.''.
(b) Notification and Justification for Transfer.--Subsection (f) of
such section is amended--
[[Page 122 STAT. 534]]
(1) by striking ``paragraph (1)(B) or (2)(B)'' and inserting
``subparagraph (B) or (G) of paragraph (1) or subparagraph (B)
or (G) of paragraph (2)''; and
(2) by adding at the end the following new sentence: ``In
addition, the notice required in connection with a transfer
under subparagraph (G) of paragraph (1) or subparagraph (G) of
paragraph (2) shall include a certification that the amounts to
be transferred from the Department of Defense Base Closure
Account 2005 were specified in the conference report to
accompany the most recent Military Construction Authorization
Act.''.
SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO ENSURE TIMELY
IMPLEMENTATION OF 2005 DEFENSE BASE CLOSURE AND REALIGNMENT
COMMISSION RECOMMENDATIONS.
The Secretary of Defense shall submit to Congress with the budget
materials for fiscal year 2009 a comprehensive accounting of the funding
required to ensure that the plan for implementing the final
recommendations of the 2005 Defense Base Closure and Realignment
Commission remains on schedule for completion by September 15, 2011, as
required by section 2904(c)(5) of 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).
SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES ARMY RESERVE
CENTER AND NAVY-MARINE CORPS RESERVE CENTER, BATON ROUGE,
LOUISIANA.
The Secretary of the Army may use funds appropriated pursuant to the
authorization of appropriations in paragraphs (1) and (2) of section
2703 for the purpose of siting an Army Reserve Center and Navy and
Marine Corps Reserve Center on land under the control of the State of
Louisiana adjacent to, or in the vicinity of, the Baton Rouge
Metropolitan Airport in Baton Rouge, Louisiana, at a location determined
by the Secretary to be in the best interest of national security and in
the public interest.
SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS PART
OF THE REALIGNMENT OF THE INSTALLATION.
(a) Acquisition Authority.--Pursuant to section 2905(a)(1)(A) of 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), the relocation of members
of the Armed Forces and civilian employees of the Department of Defense
who are scheduled to be relocated to Fort Belvoir, Virginia, shall be
limited to the following locations:
(1) Fort Belvoir.
(2) A parcel of real property consisting of approximately
69.5 acres, under the administrative jurisdiction of the
Administrator of General Services (in this section referred to
as the ``Administrator'') and containing warehouse facilities in
Springfield, Virginia (in this section referred to as the ``GSA
Property'').
(3) Any other parcels of land (using including any
improvement thereon) that are acquired, using competitive
procedures, in fee in the vicinity of Fort Belvoir.
(b) Acquisition Selection Criteria.--The Secretary of the Army shall
select the site to be used under subsection (a) based
[[Page 122 STAT. 535]]
on the best value to the Government, and, in making that determination,
the Secretary shall consider cost and schedule.
(c) GSA Property Transfer Authorized.--Pursuant to the relocation
alternative authorized by subsection (a)(2), the Administrator may
transfer the GSA Property to the administrative jurisdiction of the
Secretary of the Army for the purpose of permitting the Secretary to
construct facilities on the property to support administrative functions
to be located at Fort Belvoir, Virginia.
(d) Implementation of GSA Property Transfer.--
(1) Consideration.--As consideration for the transfer of the
GSA Property under subsection (c), the Secretary of the Army
shall--
(A) pay all reasonable costs to move personnel,
furnishings, equipment, and other material related to
the relocation of functions identified by the
Administrator; and
(B) if determined to be necessary by the
Administrator--
(i) transfer to the administrative
jurisdiction of the Administrator a parcel of
property in the National Capital Region under the
jurisdiction of the Secretary and determined to be
suitable by the Administrator;
(ii) design and construct storage facilities,
utilities, security measures, and access to a road
infrastructure on the parcel transferred under
clause (i) to meet the requirements of the
Administrator; and
(iii) enter into a memorandum of agreement
with the Administrator for support services and
security at the new facilities constructed
pursuant to clause (ii).
(2) Equal value transfer.--As a condition of the transfer of
the GSA Property under subsection (c), the transfer agreement
shall provide that the fair market value of the GSA Property and
the consideration provided under paragraph (1) shall be equal
or, if not equal, shall be equalized through the use of a cash
equalization payment.
(3) Description of property.--The exact acreage and legal
description of the GSA Property shall be determined by surveys
satisfactory to the Administrator and the Secretary of the Army.
(4) Congressional notice.--Before undertaking an activity
under subsection (c) that would require approval of a prospectus
under section 3307 of title 40, United States Code, the
Administrator shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
congressional defense committees a written notice containing a
description of the activity to be undertaken.
(5) No effect on compliance with environmental laws.--
Nothing in this section or subsection (c) may be construed to
affect or limit the application of or obligation to comply with
any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
(6) Additional terms and conditions.--The Administrator and
the Secretary of the Army may require such additional terms and
conditions in connection with the GSA Property transfer as the
Administrator, in consultation with the
[[Page 122 STAT. 536]]
Secretary, determines appropriate to protect the interests of
the United States and further the purposes of this section.
(e) Administration of Transferred or Acquired Property.--Upon
completion of any property transfer or acquisition authorized by
subsection (a), the property shall be administered by the Secretary of
the Army as a part of Fort Belvoir.
(f) Status Report.--Not later than March 1, 2008, the Secretary of
the Army shall submit to the congressional defense committees a report
on the status and estimated costs of implementing subsection (a).
SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE AND
FACILITIES TO SUPPORT BASE REALIGNMENT.
(a) Sense of Congress.--
(1) Designation of defense access roads.--It is the sense of
Congress that roads leading onto Fort Belvoir, Virginia, and
other military installations that will be significantly impacted
by an increase in the number of members of the Armed Forces and
civilian employees of the Department of Defense assigned to the
installation as a result of the 2005 round of defense base
closures and realignments under 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) or any other significant impact
resulting from a realignment of forces should be considered for
designation as defense access roads for purposes of section 210
of title 23, United States Code.
(2) Facilities and infrastructure.--It is the sense of
Congress that the Secretary of Defense should seek to ensure
that the permanent facilities and infrastructure necessary to
support the mission of the Armed Forces and the quality of life
needs of members of the Armed Forces, civilian employees, and
their families are ready for use at receiving locations before
units are transferred to such locations as a result of the 2005
round of defense base closures and realignments.
(b) Study of Military Infrastructure and Surface Transportation
Infrastructure.--Not later than April 1, 2008, the Comptroller General
shall submit to the congressional defense committees a report with
regard to each military installation that will be significantly impacted
by an increase in assigned forces or civilian personnel, as described in
subsection (a), for the purpose of determining whether--
(1) military facility requirements (including quality of
life projects) will be met before the arrival of assigned
forces; and
(2) the Department of Defense has programmed sufficient
funding to mitigate community traffic congestion in accordance
with the defense access roads program under section 210 of title
23, United States Code.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
[[Page 122 STAT. 537]]
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
[[Page 122 STAT. 538]]
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) One-Year Extension of Authority.--Subsection (a) of 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
by striking ``2007'' and inserting ``2008''.
(b) Prenotification Requirement.--Subsection (b) of such section is
amended by striking the first sentence and inserting the following new
sentences: ``Before using appropriated funds available for operation and
maintenance to carry out a construction project outside the United
States that has an estimated cost in excess of the amounts authorized
for unspecified minor military construction projects under section
2805(c) of title 10, United States Code, the Secretary of Defense shall
submit to the congressional committees specified in subsection (f) a
notice regarding the construction project. The project may be carried
out only after the end of the 10-day period beginning on the date the
notice is received by the committees or, if earlier, the end of the 7-
day period beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of title 10,
United States Code.''.
(c) Annual Limitation on Use of Authority.--Subsection (c) of such
section is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--The total cost of the
construction projects carried out under the authority
[[Page 122 STAT. 539]]
of this section using, in whole or in part, appropriated funds available
for operation and maintenance shall not exceed $200,000,000 in a fiscal
year.''.
(d) Conforming Amendment.--Subsection (g) of such section is amended
by striking ``notice of the'' and inserting ``advance notice of the
proposed''.
(e) Ratification of Proposed Construction and Land Acquisition
Projects Using Fiscal Year 2007 Operation and Maintenance Funds.--The
nine construction projects outside the United States proposed to be
carried out using funds appropriated to the Department of Defense for
operation and maintenance for fiscal year 2007, but for which the
obligation or expenditure of funds was prohibited by subsection (g) of
section 2808 of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as added
by section 2809 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), may
be carried out using such funds after the date of the enactment of this
Act notwithstanding such subsection (g).
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF MILITARY
CONSTRUCTION.
(a) Clarification of Requirement for Authorization.--Section 2802(a)
of title 10, United States Code, is amended by inserting after
``military construction projects'' the following: ``, land acquisitions,
and defense access road projects (as described under section 210 of
title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such title is
amended by inserting after ``permanent requirements'' the following: ``,
or any acquisition of land or construction of a defense access road (as
described in section 210 of title 23)''.
SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
Section 2805(a)(1) of title 10, United States Code, is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT
OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Laboratory Revitalization.--Section 2805 of title 10, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Laboratory Revitalization.--(1) 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--
``(A) 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 $2,000,000; or
``(B) 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 $4,000,000.
[[Page 122 STAT. 540]]
``(2) For an unspecified minor military construction project
conducted pursuant to this subsection, $2,000,000 shall be deemed to be
the amount specified in subsection (b)(1) regarding when advance
approval of the project by the Secretary concerned and congressional
notification is required. <<NOTE: Procedures.>> The Secretary of Defense
shall establish procedures for the review and approval of requests from
the Secretary of a military department to carry out a construction
project under this subsection.
``(3) For purposes of this subsection, 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 paragraph
(1).
``(4) <<NOTE: Deadline. Reports.>> Not later than February 1, 2010,
the Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority provided by this
subsection. The report shall include a list and description of the
construction projects carried out under this subsection, including the
location and cost of each project.
``(5) In this subsection, the term `laboratory' includes--
``(A) a research, engineering, and development center; and
``(B) a test and evaluation activity.
``(6) <<NOTE: Expiration date.>> The authority to carry out a
project under this subsection expires on September 30, 2012.''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Authority to Carry Out
Unspecified Minor Military Construction Projects.--'' after
``(a)'';
(2) in subsection (b), by inserting ``Approval and
Congressional Notification.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Use of Operation and
Maintenance Funds.--'' after ``(c)''; and
(4) in subsection (e), as redesignated by subsection (a)(1),
by inserting ``Prohibition on Use for New Housing Units.--''
after ``(e)''.
SEC. 2805. <<NOTE: 10 USC 18240 note.>> 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''.
SEC. 2806. 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
[[Page 122 STAT. 541]]
$18,620 per unit per year, as adjusted from time to time under paragraph
(5).
``(B) <<NOTE: Applicability.>> 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) Foreign Military Family Housing Leases.--Subsection (e)(2) of
such section is amended 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''.
(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''.
(d) Report Required.--Not later than March 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report on
the rental of family housing in foreign countries (including the costs
of utilities, maintenance, and operations) that exceed $60,000 per unit
per year. The report shall include a list and description of rental
units (including total gross square feet and number of bedrooms),
location, rental cost, the requirement for the rental, and the options
that the Secretary has available to decrease the costs associated with
the rentals.
SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT
FACILITIES.
Section 18240(a) of title 10, United States Code, is amended by
striking ``with a State'' in the first sentence and inserting ``with an
Executive agency (as defined in section 105 of title 5), the United
States Postal Service, or a State''.
SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING FOR PRIVATIZATION OF
TEMPORARY LODGING FACILITIES.
(a) Limitation on Privatization of Temporary Lodging Facilities.--
Notwithstanding any other provision of subchapter IV of chapter 169 of
title 10, United States Code, the privatization of temporary lodging
facilities under such subchapter is limited to the military
installations authorized in subsection (b) until 120 days after the date
on which the report described in subsection (d)(1) is submitted.
(b) Authorized Installations.--The military installations at which
the privatization of temporary lodging facilities may proceed under
subsection (a) are the following:
(1) Redstone Arsenal, Alabama.
(2) Fort Rucker, Alabama.
(3) Yuma Proving Ground, Arizona.
(4) Fort McNair, District of Columbia.
(5) Fort Shafter, Hawaii.
(6) Tripler Army Medical Center, Hawaii.
(7) Fort Leavenworth, Kansas.
(8) Fort Riley, Kansas.
(9) Fort Polk, Louisiana.
[[Page 122 STAT. 542]]
(10) Fort Sill, Oklahoma.
(11) Fort Hood, Texas.
(12) Fort Sam Houston, Texas.
(13) Fort Myer, Virginia.
(c) Effect of Limitation.--The limitation imposed by subsection (a)
prohibits the issuance of contract solicitations for the privatization
of temporary lodging facilities at any military installation not
specified in subsection (b).
(d) Reporting Requirements.--
(1) Report by secretary of the army.--Not earlier than eight
months after the date on which the notice of transfer associated
with the military installations specified in subsection (b) is
issued, the Secretary of the Army shall submit to the
congressional defense committees and the Comptroller General a
report that--
(A) describes the implementation of the
privatization of temporary lodging facilities at the
installations specified in subsection (b);
(B) evaluates the efficiency of the program; and
(C) contains such recommendations as the Secretary
considers appropriate regarding expansion of the
program.
(2) Report by comptroller general.--Not later than 90 days
after receiving the report under paragraph (1), the Comptroller
General shall submit to the congressional defense committees a
review of both the privatization of temporary lodging facilities
and the report of the Secretary.
SEC. 2809. 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 by
striking ``March 1, 2007'' and inserting ``March 1, 2009''.
SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.
(a) Report Required.--Not later than March 31, 2008, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing--
(1) a list of all housing privatization transactions carried
out by the Department of Defense that, as of such date, are
behind schedule or in default; and
(2) recommendations regarding the opportunities for the
Federal Government to ensure that all terms of each housing
privatization transaction are completed according to the
original schedule and budget.
(b) Specific Information Regarding Each Transaction.--For each
housing privatization transaction included in the report required by
subsection (a), the report shall provide a description of the following:
(1) The reasons for schedule delays, cost overruns, or
default.
(2) How solicitations and competitions were conducted for
the project.
[[Page 122 STAT. 543]]
(3) How financing, partnerships, legal arrangements, leases,
or contracts in relation to the project were structured.
(4) Which entities, including Federal entities, are bearing
financial risk for the project, and to what extent.
(5) The remedies available to the Federal Government to
restore the transaction to schedule or ensure completion of the
terms of the transaction in question at the earliest possible
time.
(6) The extent to which the Federal Government has the
ability to affect the performance of various parties involved in
the project.
(7) The remedies available to subcontractors to recoup liens
in the case of default, non-payment by the developer or other
party to the transaction or lease agreement, or re-structuring.
(8) The remedies available to the Federal Government to
affect receivership actions or transfer of ownership of the
project.
(9) The names of the developers for the project and any
history of previous defaults or bankruptcies by these developers
or their affiliates.
(c) Housing Privatization Transaction Defined.--In this section, the
term ``housing privatization transaction'' means any contract or other
transaction for the construction or acquisition of military family
housing or military unaccompanied housing entered into under the
authority of subchapter IV of chapter 169 of title 10, United States
Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING IN
ANNUAL COSTS OF MORE THAN $750,000.
(a) Inclusion of Transactions Involving Defense Agencies.--
(1) Requirement to report.--Subsection (a) of section 2662
of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``, or his
designee,'' and inserting ``or, with respect to a
Defense Agency, the Secretary of Defense''; and
(B) in paragraph (3), by inserting after ``military
department'' the following: ``or the Secretary of
Defense''.
(2) Annual report regarding minor transactions.--Subsection
(b) of such section is amended by inserting after ``military
department'' the following: ``and, with respect to Defense
Agencies, the Secretary of Defense''.
(3) Exceptions.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
``(4) In this subsection, the term `Secretary concerned' includes,
with respect to Defense Agencies, the Secretary of Defense.''.
(b) Inclusion of Additional Transaction.--Subsection (a)(1) of such
section is amended 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
[[Page 122 STAT. 544]]
rental or cost for the use of the real property is more than
$750,000.''.
SEC. 2822. CONTINUED 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) Land Acquisition Options in Advance of Military Construction
Projects.--(1) 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 military department under the
jurisdiction of the Secretary.
``(2) As consideration for an option acquired under paragraph (1),
the Secretary may pay, from funds available to the military department
under the jurisdiction of the Secretary for real property activities, an
amount that is not more than 12 percent of the appraised fair market
value of the property.''.
(b) Repeal of Superseded Provision.--
(1) Repeal.--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.
SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF THE
MILITARY DEPARTMENTS.
(a) Elimination of Authority to Accept Facilities Operation Support
as In-Kind Consideration.--Subsection (c)(1) of section 2667 of title
10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by striking subparagraph (D) and inserting the following
new subparagraphs:
``(D) Provision or payment of utility services for the
Secretary concerned.
``(E) Provision of real property maintenance services for
the Secretary concerned.''.
(b) Elimination of Authority to Use Rental and Certain Other
Proceeds for Facilities Operation Support.--Subsection (e)(1)(C) of such
section is amended--
(1) by adjusting the margins of clauses (ii) and (iii) to
conform to the margin of clause (i); and
(2) by striking clause (iv) and inserting the following new
clauses:
``(iv) Payment of utility services.
``(v) Real property maintenance services.''.
(c) Use of Competitive Procedures for Selection of Certain
Lessees.--Subsection (h) of such section is amended--
(1) in paragraph (1), 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'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) Paragraph (1) does not apply if the Secretary concerned
determines that--
``(A) a public interest will be served as a result of the
lease; and
[[Page 122 STAT. 545]]
``(B) the use of competitive procedures for the selection of
certain lessees is unobtainable or not compatible with the
public benefit served under subparagraph (A).
``(3) <<NOTE: Deadline. Notification.>> Not later than 45 days
before entering into a lease described in paragraph (1), the Secretary
concerned shall submit to Congress written notice describing the terms
of the proposed lease and--
``(A) the competitive procedures used to select the lessee;
or
``(B) in the case of a lease involving the public benefit
exception authorized by paragraph (2), a description of the
public benefit to be served by the lease.''.
(d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is 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. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL
RESOURCES ON CERTAIN SITES OUTSIDE MILITARY INSTALLATIONS.
(a) Expanded Authority.--Section 2684 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``on military
installations'' and inserting ``located on a site authorized by
subsection (b)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Authorized Cultural Resources Sites.--To be covered by a
cooperative agreement under subsection (a), cultural resources must be
located--
``(1) on a military installation; or
``(2) on a site outside of a military installation, but only
if the cooperative agreement will directly relieve or eliminate
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 a military installation.''.
(b) Cultural Resource Defined.--Subsection (d) of such section, as
redesignated by subsection (a)(2), is amended by adding at the end the
following new paragraph:
``(5) An Indian sacred site, as defined in section 1(b)(iii)
of Executive Order No. 13007.''.
SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.
(a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a 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; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) An agreement with an eligible entity under this section may
provide for the management of natural resources on real property in
which the Secretary concerned acquires any right, title,
[[Page 122 STAT. 546]]
or interest in accordance with this subsection and for the payment by
the United States of all or a portion of the costs of such natural
resource management if the Secretary concerned determines that there is
a demonstrated need to preserve or restore habitat for the purpose
described in subsection (a)(2).''.
(b) Limitation on Portion of Acquisition Costs Borne by United
States.--Paragraph (4) of such subsection, as redesignated by subsection
(a)(1), is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) in subparagraph (C), by striking ``equal to the fair
market value'' and all that follows through the period at the
end and inserting ``equal to, at the discretion of the Secretary
concerned--
``(i) the fair market value of any property or interest in
property to be transferred to the United States upon the request
of the Secretary concerned under paragraph (5); or
``(ii) the cumulative fair market value of all properties or
interests to be transferred to the United States under paragraph
(5) pursuant to an agreement under subsection (a).''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) The portion of acquisition costs borne by the United States
under subparagraph (A) may exceed the amount determined under
subparagraph (C), but only if--
``(i) <<NOTE: Notification.>> the Secretary concerned
provides written notice to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives containing--
``(I) <<NOTE: Certification.>> a certification by
the Secretary that the military value to the United
States of the property or interest to be acquired
justifies a payment in excess of the fair market value
of the property or interest; and
``(II) a description of the military value to be
obtained; and
``(ii) the contribution toward the acquisition costs of the
property or interest is not made until at least 14 days after
the date on which the notice is submitted under clause (i) or,
if earlier, at least 10 days after the date on which a copy of
the notice is provided in an electronic medium pursuant to
section 480 of this title.''.
SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM
FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR MILITARY
INSTALLATIONS.
(a) Expansion of Pilot Program.--Section 325 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 10 U.S.C. 2461 note) is amended--
(1) in the section heading, by striking ``army'' and
inserting ``military'';
(2) in subsection (a)--
(A) by striking ``Secretary of the Army'' and
inserting ``Secretary of a military department''; and
(B) by striking ``an Army installation'' and
inserting ``a military installation under the
jurisdiction of the Secretary''; and
[[Page 122 STAT. 547]]
(3) in subsection (d), by striking ``The Secretary'' and
inserting ``The Secretary of a military department''.
(b) Participating Installations.--Subsection (c) of such section is
amended by striking ``two Army installations'' and inserting ``three
military installations from each military service''.
(c) Extension of Duration of Program.--Such section is further
amended by striking subsections (e) and (f) and inserting the following
new subsection:
``(e) Termination of Pilot Program.--The pilot program shall
terminate on September 30, 2012. Any contract entered into under the
pilot program shall terminate not later than that date.''.
SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR NATIONAL
GUARD BASE.
The Secretary of Defense shall prohibit the use of Selfridge Air
National Guard Base by commercial service aircraft.
SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO PROTECT
INSTALLATIONS, RANGES, AND MILITARY AIRSPACE FROM
ENCROACHMENT.
(a) Findings.--In light of the initial report of the Department of
Defense submitted pursuant to section 2684a(g) of title 10, United
States Code, and of the RAND Corporation report entitled ``The Thin
Green Line: An Assessment of DoD's Readiness and Environmental
Protection Initiative to Buffer Installation Encroachment'', Congress
makes the following findings:
(1) Development and loss of habitat in the vicinity of, or
in areas ecologically related to, military installations,
ranges, and airspace pose a continuing and significant threat to
the readiness of the Armed Forces.
(2) The Range Sustainability Program (RSP) of the Department
of Defense, and in particular the Readiness and Environmental
Protection Initiative (REPI) involving agreements pursuant to
section 2684a of title 10, United States Code, have been
effective in addressing this threat to readiness with regard to
a number of important installations, ranges, and airspace.
(3) The opportunities to take effective action to protect
installations, ranges, and airspace from encroachment is in many
cases transient, and delay in taking action will result in
either higher costs or permanent loss of the opportunity
effectively to address encroachment.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should--
(1) develop additional policy guidance on the further
implementation of the Readiness and Environmental Protection
Initiative (REPI), to include additional emphasis on protecting
biodiversity and on further refining procedures;
(2) give greater emphasis to effective cooperation and
collaboration on matters of mutual concern with other Federal
agencies charged with managing Federal land; and
(3) ensure that each military department takes full
advantage of the authorities provided by section 2684a of title
10, United States Code, in addressing encroachment adversely
affecting, or threatening to adversely affect, the
installations, ranges, and military airspace of the department.
(c) Reporting Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense
[[Page 122 STAT. 548]]
shall review Chapter 6 of the initial report submitted to Congress under
section 2684a(g) of title 10, United States Code, and report to the
congressional defense committees on the specific steps, if any, that the
Secretary plans to take, or recommends that Congress take, to address
the issues raised in such chapter.
SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.
(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing an assessment of
the Army operational ranges used to support training and range
activities of the Army. The report shall include the following
information:
(1) The size, description, and mission-essential tasks
supported by each Army operational range during fiscal year
2003.
(2) A description of the projected changes in Army
operational range requirements, including the size,
characteristics, and attributes for mission-essential activities
at each Army operational range and the extent to which any
changes in requirements are a result of--
(A) decisions made as part 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; 10 U.S.C. 2687 note);
(B) the conversion of Army brigades to a modular
format;
(C) the Integrated Global Presence and Basing
Strategy;
(D) 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 and any
modification or acceleration contemplated in the budget
submission for fiscal year 2009; or
(E) high operational tempos or surge requirements.
(3) The projected deficit or surplus of land at each Army
operational range, and a description of the Army's plan to
address that projected deficit or surplus of land as well as the
upgrade of range attributes at each existing Army operational
range.
(4) A description of the Army's prioritization process and
investment strategy to address the potential expansion or
upgrade of Army operational ranges.
(5) An analysis of alternatives to the expansion of Army
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.
(6) 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.
(7) An analysis of the impact of the proposal described in
paragraph (2)(D) on the plan developed prior to such proposal
[[Page 122 STAT. 549]]
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--
(A) the projected utilization of the three combat
training centers of the Army 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
(B) the projected utilization of such ranges if at
least one of those brigades would be based in Germany or
if one of the brigades proposed to be relocated pursuant
to the plan in paragraph (a)(2)(C) is retained in
Germany.
(8) If the analysis required by paragraph (7) 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.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the congressional defense
committees a report containing an assessment of Marine Corps operational
ranges used to support training and range activities of the Marine
Corps. The report required shall include the following information:
(1) The size, description, and mission-essential tasks
supported by each major Marine Corps operational range during
fiscal year 2003.
(2) 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 and any modification or acceleration
contemplated in the budget submission for fiscal year 2009.
(3) 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.
(4) A description of the Secretary's prioritization process
and investment strategy to address the potential expansion or
upgrade of Marine Corps operational ranges.
(5) 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.
(6) 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.
(c) Supplemental Report.--Not later than 90 days after the date on
which the second of the two reports required by subsections
[[Page 122 STAT. 550]]
(a) and (b) is submitted, the Secretary of Defense shall submit to the
congressional defense committees a report containing the following
information:
(1) A description of initiatives by the Secretary of Defense
to coordinate the range expansion activities of the Army and
Marine Corps in order to gain efficiencies in investment and
resource allocation.
(2) An analysis of training requirements for the Army and
the Marine Corps that could be accomplished through joint use of
existing ranges.
(3) An analysis of the responses provided by the Secretary
of the Army under subsection (a)(5) and the Secretary of the
Navy subsection (b)(5).
(4) Any other matter that the Secretary of Defense considers
to be of importance to ensure the effective and timely expansion
of ranges to meet Army and Marine Corps training requirements.
(d) Definitions.--In this section:
(1) The term ``Army 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 Army.
(2) The term ``Marine Corps operational range'' has the
meaning given the term ``operational range'' in section
101(e)(3) of such title, 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 for
use by the Marine Corps.
(3) The term ``range activities'' has the meaning given that
term in section 101(e)(2) of such title.
SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than March 1, 2008, 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.
SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO.
(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on the
Pinon Canyon Maneuver Site (referred to in this section as ``the
Site'').
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether existing training
facilities at Fort Carson, Colorado, and the Site are
sufficient to support the training needs of units
stationed or planned to be stationed at Fort Carson,
including the following:
[[Page 122 STAT. 551]]
(i) A description of any new training
requirements or significant developments affecting
training requirements for units stationed or
planned to be stationed at Fort Carson since the
2005 Defense Base Closure and Realignment
Commission found that the base has ``sufficient
capacity'' to support four brigade combat teams
and associated support units at Fort Carson.
(ii) <<NOTE: Study.>> A study of alternatives
for enhancing training facilities at Fort Carson
and the Site within their current geographic
footprint, including whether these additional
investments or measures could support additional
training activities.
(iii) A description of the current training
calendar and training load at the Site,
including--
(I) the number of brigade-sized and
battalion-sized military exercises held
at the Site since its establishment;
(II) an analysis of the maximum
annual training load at the Site,
without expanding the Site; and
(III) an analysis of the training
load and projected training calendar at
the Site when all brigades stationed or
planned to be stationed at Fort Carson
are at home station.
(B) A report of need for any proposed addition of
training land to support units stationed or planned to
be stationed at Fort Carson, including the following:
(i) A description of additional training
activities, and their benefits to operational
readiness, which would be conducted by units
stationed at Fort Carson if, through leases or
acquisition from consenting landowners, the Site
were expanded to include--
(I) the parcel of land identified as
``Area A'' in the Potential PCMS Land
expansion map;
(II) the parcel of land identified
as ``Area B'' in the Potential PCMS Land
expansion map;
(III) the parcels of land identified
as ``Area A'' and ``Area B'' in the
Potential PCMS Land expansion map;
(IV) acreage sufficient to allow
simultaneous exercises of a light
infantry brigade and a heavy infantry
brigade at the Site;
(V) acreage sufficient to allow
simultaneous exercises of two heavy
infantry brigades at the Site;
(VI) acreage sufficient to allow
simultaneous exercises of a light
infantry brigade and a battalion at the
Site; and
(VII) acreage sufficient to allow
simultaneous exercises of a heavy
infantry brigade and a battalion at the
Site.
(ii) An analysis of alternatives for acquiring
or utilizing training land at other installations
in the United States to support training
activities of units stationed at Fort Carson.
[[Page 122 STAT. 552]]
(iii) An analysis of alternatives for
utilizing other federally owned land to support
training activities of units stationed at Fort
Carson.
(C) An analysis of alternatives for enhancing
economic development opportunities in southeastern
Colorado at the current Site or through any proposed
expansion, including the consideration of the following
alternatives:
(i) The leasing of land on the Site or any
expansion of the Site to ranchers for grazing.
(ii) The leasing of land from private
landowners for training.
(iii) The procurement of additional services
and goods, including biofuels and beef, from local
businesses.
(iv) The creation of an economic development
fund to benefit communities, local governments,
and businesses in southeastern Colorado.
(v) The establishment of an outreach office to
provide technical assistance to local businesses
that wish to bid on Department of Defense
contracts.
(vi) The establishment of partnerships with
local governments and organizations to expand
regional tourism through expanded access to sites
of historic, cultural, and environmental interest
on the Site.
(vii) An acquisition policy that allows
willing sellers to minimize the tax impact of a
sale.
(viii) Additional investments in Army missions
and personnel, such as stationing an active duty
unit at the Site, including--
(I) an analysis of anticipated
operational benefits; and
(II) an analysis of economic impacts
to surrounding communities.
(3) Potential pcms land expansion map defined.--In this
subsection, the term ``Potential PCMS Land expansion map'' means
the June 2007 map entitled ``Potential PCMS Land expansion''.
(b) Comptroller General Review of Report.--Not later than 180 days
after the Secretary of Defense submits the report required under
subsection (a), the Comptroller General of the United States shall
submit to Congress a review of the report and of the justification of
the Army for expansion at the Site.
(c) Public Comment.--After <<NOTE: Deadline. Summary.>> the report
required under subsection (b) is submitted to Congress, the Army shall
solicit public comment on the report for a period of not less than 90
days. Not later than 30 days after the public comment period has closed,
the Secretary shall submit to Congress a written summary of comments
received.
Subtitle C--Land Conveyances
SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE, CAMP
PENDLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is
amended by striking ``, notwithstanding any provision
[[Page 122 STAT. 553]]
of State law to the contrary,'', as added by section 2867 of Public Law
107-107 (115 Stat. 1334).
SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.
(a) Grant Authorized.--Secretary of the Air Force may use the
authority provided by section 2668 of title 10, United States Code, to
grant to the Mid Bay Bridge Authority an easement for a roadway right-
of-way over such land at Eglin Air Force Base, Florida, as the Secretary
determines necessary to facilitate the construction of a road connecting
the northern landfall of the Mid Bay Bridge to Florida State Highway 85.
(b) Consideration.--As consideration for the grant of the easement
under subsection (a), the Mid Bay Bridge Authority shall pay to the
Secretary an amount equal to the fair-market-value of the easement, as
determined by the Secretary.
(c) Costs of Project.--As a condition of the grant of the easement
under subsection (a), the Mid Bay Bridge Authority shall be responsible
for all costs associated with the highway project described in such
subsection, including all costs the Secretary determines to be necessary
to address any impacts that the project may have on the defense missions
at Eglin Air Force Base.
SEC. 2843. 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, appraisal costs, and other 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
[[Page 122 STAT. 554]]
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) Use of Property for Other Than Intended Purposes.--If the
Secretary determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purposes of the
conveyance specified in such subsection, the University shall pay to the
United States an amount equal to the fair market value of the property,
as of the time of such determination. The fair market value of the
property, excluding the value of any improvements made to the property
by the University, shall be determined by the Secretary in accordance
with Federal appraisal standards and procedures.
(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 Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT ACADEMY AT
THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR STATION,
PENSACOLA, FLORIDA.
Section 2850(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B 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-428)) is amended--
(1) by striking ``naval aviation and'' and inserting ``naval
aviation,''; and
(2) by inserting before the period at the end the following:
``, and, as of January 1, 2008, to teach the science,
technology, engineering, and mathematics disciplines that have
an impact on and relate to aviation''.
SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of Detroit,
Michigan.
(3) City land.--The term ``City land'' means the
approximately 0.741 acres of real property, including any
improvement thereon, as depicted on the exchange maps, that is
commonly identified as 110 Mount Elliott Street, Detroit,
Michigan.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(5) EDC.--The term ``EDC'' means the Economic Development
Corporation of the City of Detroit.
(6) Exchange maps.--The term ``exchange maps'' means the
maps entitled ``Atwater Street Land Exchange Maps'' prepared
pursuant to subsection (f).
(7) Federal land.--The term ``Federal land'' means
approximately 1.26 acres of real property, including any
improvements thereon, as depicted on the exchange maps, that is
commonly identified as 2660 Atwater Street, Detroit, Michigan,
and under the administrative control of the United States Coast
Guard.
[[Page 122 STAT. 555]]
(8) Sector detroit.--The term ``Sector Detroit'' means Coast
Guard Sector Detroit of the Ninth Coast Guard District.
(b) Conveyance Authorized.--The Commandant of the Coast Guard, in
coordination with the Administrator, may convey to the EDC all right,
title, and interest of the United States in and to the Federal land.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (b)--
(A) the City shall convey to the United States all
right, title, and interest in and to the City land; and
(B) the EDC shall construct a facility and parking
lot acceptable to the Commandant of the Coast Guard.
(2) Equalization payment option.--
(A) In general.--The Commandant may, upon the
agreement of the City and the EDC, waive the requirement
to construct a facility and parking lot under paragraph
(1)(B) and accept in lieu thereof an equalization
payment from the City equal to the difference between
the value, as determined by the Administrator at the
time of transfer, of the Federal land and the City land.
(B) Availability of funds.--Any amounts received
pursuant to subparagraph (A) shall be available to the
Commandant, without further appropriation and until
expended, to construct, expand, or improve facilities
related to Sector Detroit's aids to navigation or vessel
maintenance.
(d) Conditions of Exchange.--
(1) Covenants.--All conditions placed within the deeds of
title shall be construed as covenants running with the land.
(2) Authority to accept quitclaim deed.--The Commandant may
accept a quitclaim deed for the City land and may convey the
Federal land by quitclaim deed.
(3) Environmental remediation.--Prior to the time of the
exchange, the Coast Guard and the EDC shall remediate any and
all contaminants existing on their respective properties to
levels required by applicable State and Federal law. The
Commandant and, as a condition of the exchange, the EDC shall
make available for review and inspection any record relating to
hazardous materials on the land to be exchanged under this
section. The costs of remedial actions relating to hazardous
materials on exchanged land shall be paid by those entities
responsible for costs under applicable law.
(e) Authority to Enter Into License or Lease.--The Commandant may
enter into a license or lease agreement with the Detroit Riverfront
Conservancy for the use of a portion of the Federal land for the Detroit
Riverfront Walk. Such license or lease shall be at no cost to the City
and upon such other terms that are acceptable to the Commandant, and
shall terminate upon the completion of the exchange authorized by this
section, or the date specified in subsection (h), whichever occurs
earlier.
(f) Map and Legal Descriptions of Land.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file with the
Committee on Commerce, Science and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives the maps, entitled
[[Page 122 STAT. 556]]
``Atwater Street Land Exchange Maps'', which depict the Federal
land and the City lands and provide a legal description of each
property to be exchanged.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Commandant may correct
typographical errors in the maps and each legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Coast Guard
and the City.
(g) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the exchange
under this section as the Commandant considers appropriate to protect
the interests of the United States.
(h) Expiration of Authority To Convey.--The authority to enter into
the exchange authorized by this section shall expire three years after
the date of enactment of this Act.
SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE
ILE, MICHIGAN.
(a) Transfer.--Administrative jurisdiction over the property
described in subsection (b) is hereby transferred from the Administrator
of the Environmental Protection Agency to the Secretary of the Interior.
(b) Property Described.--The property referred to in subsection (a)
is the former Nike missile site located at the southern end of Grosse
Ile, Michigan, as depicted on the map entitled ``07-CE'' on file with
the Environmental Protection Agency and dated May 16, 1984.
(c) Administration of Property.--Subject to subsection (d), the
Secretary of the Interior shall administer the property described in
subsection (b)--
(1) acting through the United States Fish and Wildlife
Service;
(2) as part of the Detroit River International Wildlife
Refuge; and
(3) for use as a habitat for fish and wildlife and as a
recreational property for outdoor education and environmental
appreciation.
(d) Management of Remediation.--The Secretary of Defense, acting
through the Army Corps of Engineers, shall manage and carry out
environmental remediation activities with respect to the property
described in subsection (b) that, at a minimum, achieve the standard
sufficient to allow the property to be used as provided in subsection
(c)(3). <<NOTE: Deadline.>> Such remediation activities, with the
exception of long-term monitoring, shall be completed to achieve that
standard not later than two years after the date of the enactment of
this Act. The Secretary of Defense may use amounts made available from
the account established by section 2703(a)(5) of title 10, United States
Code, to carry out such remediation.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
[[Page 122 STAT. 557]]
SEC. 2847. 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 (division B of Public Law 105-85; 111 Stat.
2005) is amended--
(1) in subsection (a)(3), by striking ``at fair market
value'' and inserting ``without consideration'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(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) in subsection (c), by striking paragraph (2) and
inserting the following new paragraph:
``(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, at the option of the Secretary,
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 adding 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 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. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES ARMY RESERVE
CENTER, BISMARCK, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the United Tribes Technical College all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately 2
acres located at the Lewis and Clark United States Army Reserve Center,
3319 University Drive, Bismarck, North Dakota, for the purpose of
supporting education at the United Tribes Technical College.
[[Page 122 STAT. 558]]
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the Secretary
determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purposes
of the conveyance specified in such subsection, all right,
title, and interest in and to 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.
(2) Expiration.--The reversionary interest under paragraph
(1) shall expire upon satisfaction of the following conditions:
(A) The real property conveyed under subsection (a)
is used in accordance with the purposes of the
conveyance specified in such subsection for a period of
not less than 30 years following the date of the
conveyance.
(B) After the end of period specified in
subparagraph (A), the United Tribes Technical College
applies to the Secretary for the release of the
reversionary interest.
(C) <<NOTE: Certification.>> The Secretary
certifies, in a manner that can be filed with the
appropriate land recordation office, that the condition
under subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
United Tribes Technical College 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, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the United Tribes
Technical College 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 United
Tribes Technical College.
(2) Treatment of amounts received.--Amounts received as
reimbursements under 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.
(d) Description of Real 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.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may convey to
the City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States
[[Page 122 STAT. 559]]
in and to a parcel of real property, including any improvements thereon,
consisting of approximately 200 acres at Fort Hood, Texas, for the
purpose of permitting the City to improve arterial transportation routes
in the community.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary all right, title,
and interest of the City in and to one or more parcels of real property
that are acceptable to the Secretary. The fair market value of the real
property acquired by the Secretary under this subsection shall be at
least equal to the fair market value of the real property conveyed under
subsection (a), as determined by appraisals acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyances under this section, including survey costs
related to the conveyances. If amounts are collected from the
City 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 conveyances, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyances under this section shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyances.
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.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle D--Energy Security
SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING
CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY
SAVINGS PERFORMANCE CONTRACTS.
Section 2913 of title 10, United States Code, is amended by striking
subsection (e).
SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.
Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C. 13211(3))
is amended--
(1) by striking ``(3) the term'' and inserting the
following:
``(3) Alternative fueled vehicle.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
[[Page 122 STAT. 560]]
``(B) Inclusions.--The term `alternative fueled
vehicle' includes--
``(i) a new qualified fuel cell motor vehicle
(as defined in section 30B(b)(3) of the Internal
Revenue Code of 1986);
``(ii) a new advanced lean burn technology
motor vehicle (as defined in section 30B(c)(3) of
that Code);
``(iii) a new qualified hybrid motor vehicle
(as defined in section 30B(d)(3) of that Code);
and
``(iv) any other type of vehicle that the
Administrator demonstrates to the Secretary would
achieve a significant reduction in petroleum
consumption.''.
SEC. 2863. <<NOTE: 10 USC 2911 note.>> USE OF ENERGY EFFICIENT LIGHTING
FIXTURES AND BULBS IN DEPARTMENT OF DEFENSE FACILITIES.
(a) Construction and Alteration of Buildings.--Each building
constructed or significantly altered by the Secretary of Defense or the
Secretary of a military department shall be equipped, to the maximum
extent feasible as determined by the Secretary concerned, with lighting
fixtures and bulbs that are energy efficient.
(b) Maintenance of Buildings.--Each lighting fixture or bulb that is
replaced in the normal course of maintenance of buildings under the
jurisdiction of the Secretary of Defense or the Secretary of a military
department shall be replaced, to the maximum extent feasible as
determined by the Secretary concerned, with a lighting fixture or bulb
that is energy efficient.
(c) Considerations.--In making a determination under this section
concerning the feasibility of installing a lighting fixture or bulb that
is energy efficient, the Secretary of Defense or the Secretary of a
military department shall consider--
(1) the life cycle cost effectiveness of the fixture or
bulb;
(2) the compatibility of the fixture or bulb with existing
equipment;
(3) whether use of the fixture or bulb could result in
interference with productivity;
(4) the aesthetics relating to use of the fixture or bulb;
and
(5) such other factors as the Secretary concerned determines
appropriate.
(d) Energy Star.--A lighting fixture or bulb shall be treated as
being energy efficient for purposes of this section if--
(1) the fixture or bulb is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a); or
(2) the Secretary of Defense or the Secretary of a military
department has otherwise determined that the fixture or bulb is
energy efficient.
(e) Significant Alterations.--A building shall be treated as being
significantly altered for purposes of subsection (a) if the alteration
is subject to congressional authorization under section 2802 of title
10, United States Code.
(f) Waiver Authority.--The Secretary of Defense may waive the
requirements of this section if the Secretary determines that such a
waiver is necessary to protect the national security interests of the
United States.
[[Page 122 STAT. 561]]
(g) Effective Date.--The requirements of subsections (a) and (b)
shall take effect one year after the date of the enactment of this Act.
SEC. 2864. <<NOTE: 10 USC 2911 note.>> REPORTING REQUIREMENTS RELATING
TO RENEWABLE ENERGY USE BY DEPARTMENT OF DEFENSE TO MEET
DEPARTMENT ELECTRICITY NEEDS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report containing the following information:
(1) The extent to which energy from renewable energy sources
is used to meet the electricity needs of the Department of
Defense, to be stated as a percentage of total facility
electricity use for the previous fiscal year.
(2) The extent to which energy from renewable energy sources
was procured through alternative financing methods, to be stated
as a percentage of total renewable energy procurement and as a
dollar amount for the previous fiscal year.
(3) The extent to which energy from renewable energy sources
was procured through the use of appropriated funds, to be stated
as a percentage of total renewable energy procurement and as a
dollar amount for the previous fiscal year.
(4) A graphical illustration of energy use from renewable
energy sources by the Department as a percentage of total
facility electricity use over time, starting no later than
fiscal year 2000 and running through fiscal year 2025, including
projected future trends in renewable energy consumption through
fiscal year 2025 in order to meet the goals for renewable energy
set forth in section 2911(e) of title 10, United States Code, or
other goals, as appropriate.
(b) Subsequent Reports.--For fiscal year 2008 and each fiscal year
thereafter, the information required by paragraphs (1) through (4) of
subsection (a) shall be included in the Annual Energy Management Report
prepared by the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(c) Renewable Energy Sources Defined.--In this section, the term
``renewable energy sources'' has the meaning given that term in section
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).
Subtitle E--Other Matters
SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
ARLINGTON NATIONAL CEMETERY.
Subsection (h) of section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 879), as amended by section 2863 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1330), section 2851 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2726), and section 2881 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 115 Stat. 2153), is further amended
[[Page 122 STAT. 562]]
by striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) January 1, 2011;
``(2) the date on which the Navy Annex property is no longer
required (as determined by the Secretary of Defense) for use as
temporary office space; or
``(3) <<NOTE: Notification.>> one year after the date on
which the Secretary of the Army notifies the Secretary of
Defense that the Navy Annex property is needed for the expansion
of Arlington National Cemetery.''.
SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO
DEPARTMENT OF THE AIR FORCE.
(a) Transfer of Jurisdiction.--Notwithstanding section 2881 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 879) and section 2863 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1330; 40 U.S.C. 1003 note), the Secretary
of the Army may transfer administrative jurisdiction, custody, and
control of the parcel of Federal land described in subsection (b)(1) of
such section 2863 to the Secretary of the Air Force.
(b) Limitation on Payment of Expenses.--If the Air Force Memorial is
transferred to the Secretary of the Air Force as authorized by
subsection (a), the United States shall not pay any costs incurred for
the maintenance and repair of the Air Force Memorial.
SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE TOMB OF THE
UNKNOWNS AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
Veterans Affairs shall jointly submit to Congress a report setting forth
the following:
(1) The current plans of the Secretaries with respect to--
(A) replacing the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia; and
(B) disposing of the current monument at the Tomb of
the Unknowns, if it were removed and replaced.
(2) An assessment of the feasibility and advisability of
repairing the monument at the Tomb of the Unknowns rather than
replacing it.
(3) A description of the current efforts of the Secretaries
to maintain and preserve the monument at the Tomb of the
Unknowns.
(4) An explanation of why no attempt has been made since
1989 to repair the monument at the Tomb of the Unknowns.
(5) A comprehensive estimate of the cost of replacement of
the monument at the Tomb of the Unknowns and the cost of
repairing such monument.
(6) An assessment of the structural integrity of the
monument at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and the
Secretary of Veterans Affairs may not take any action to replace the
monument at the Tomb of the Unknowns at Arlington National Cemetery,
Virginia, until 180 days after the date of the receipt by Congress of
the report required by subsection (a).
[[Page 122 STAT. 563]]
(c) Exception.--The limitation in subsection (b) shall not prevent
the Secretary of the Army or the Secretary of Veterans Affairs from
repairing the current monument at the Tomb of the Unknowns or from
acquiring any blocks of marble for uses related to such monument,
subject to the availability of appropriations for those purposes.
SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND PRESERVATION
OF LAFAYETTE ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE,
FRANCE.
Section 1065 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1233) is amended--
(1) in subsection (a)(2), by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.
SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.
Section 2866 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2499) is
amended by adding at the end the following new subsection:
``(d) Woonsocket Local Protection Project.--
``(1) Assumption of responsibility.--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, in accordance with paragraph (2), any interest of the
city of Woonsocket, 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 city, in coordination with the
Secretary.
``(2) Acquisition.--As <<NOTE: Deadline.>> a condition on
the Secretary's assumption of responsibility for the Woonsocket
local protection project under paragraph (1), the city of
Woonsocket shall convey, not later than one year after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2008, to the Secretary of the Army, by quitclaim
deed and without consideration, all right, title, and interest
of the city in and to the Woonsocket local protection project,
including any interest of the city 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 city.''.
SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN, PUERTO
RICO.
Section 1507 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-355) is repealed.
SEC. 2877. <<NOTE: 16 USC 431 note.>> ESTABLISHMENT OF NATIONAL MILITARY
WORKING DOG TEAMS MONUMENT ON SUITABLE MILITARY
INSTALLATION.
(a) Authority to Establish Monument.--The Secretary of Defense may
permit the National War Dogs Monument, Inc., to
[[Page 122 STAT. 564]]
establish and maintain, at a suitable location at Fort Belvoir,
Virginia, or another military installation in the United States, a
national monument to honor the sacrifice and service of United States
Armed Forces working dog teams that have participated in the military
operations of the United States.
(b) Location and Design of Monument.--The actual location and final
design of the monument authorized by subsection (a) shall be subject to
the approval of the Secretary. In selecting the military installation
and site on such installation to serve as the location for the monument,
the Secretary shall seek to maximize access to the resulting monument
for both visitors and their dogs.
(c) Maintenance.--The maintenance of the monument authorized by
subsection (a) by the National War Dogs Monument, Inc., shall be subject
to such conditions regarding access to the monument, and such other
conditions, as the Secretary considers appropriate to protect the
interests of the United States.
(d) Limitation on Payment of Expenses.--The United States Government
shall not pay any expense for the establishment or maintenance of the
monument authorized by subsection (a).
SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 564TH
MISSILE SQUADRON.
(a) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility of
establishing an association between the 120th Fighter Wing of the
Montana Air National Guard and active duty personnel stationed at
Malmstrom Air Force Base, Montana. In preparing the report, the
Secretary shall include the following evaluations:
(1) An evaluation of the requirement of the Air Force for
additional F-15 aircraft active or reserve component force
structure.
(2) An evaluation of the airspace training opportunities in
the immediate airspace around Great Falls International Airport
Air Guard Station.
(3) An evaluation of the impact of civilian operations on
military operations at Great Falls International Airport.
(4) An evaluation of the level of civilian encroachment on
the facilities and airspace of the 120th Fighter Wing.
(5) An evaluation of the support structure available,
including active military bases nearby.
(6) An evaluation of opportunities for additional
association between the Montana National Guard and the 341st
Space Wing.
(b) Limitation on Removal Pending Report.--Not more than 40 missiles
may be removed from the 564th Missile Squadron until 15 days after the
report required in subsection (a) has been submitted.
SEC. 2879. <<NOTE: 20 USC 921 note.>> 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
[[Page 122 STAT. 565]]
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
dependents of members of the Armed Forces and civilian employees of the
Department of Defense.
SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL ARMY MEDICAL
CENTER, FORT HOOD MILITARY RESERVATION, TEXAS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report assessing the facilities and
operations of the Darnall Army Medical Center at Fort Hood Military
Reservation, Texas.
(b) Content.--The report required under subsection (a) shall include
the following:
(1) A specific determination of whether the facilities
currently housing Darnall Army Medical Center meet Department of
Defense standards for Army medical centers.
(2) A specific determination of whether the existing
facilities adequately support the operations of Darnall Army
Medical Center, including the missions of medical treatment,
medical hold, medical holdover, and Warriors in Transition.
(3) A specific determination of whether the existing
facilities provide adequate physical space for the number of
personnel that would be required for Darnall Army Medical Center
to function as a full-sized Army medical center.
(4) A specific determination of whether the current levels
of medical and medical-related personnel at Darnall Army Medical
Center are adequate to support the operations of a full-sized
Army medical center.
(5) A specific determination of whether the current levels
of graduate medical education and medical residency programs
currently in place at Darnall Army Medical Center are adequate
to support the operations of a full-sized Army medical center.
(6) A description of any and all deficiencies identified by
the Secretary.
[[Page 122 STAT. 566]]
(7) A proposed investment plan and timeline to correct such
deficiencies.
SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL DISASTER
RESPONSE CENTER AT KELLY AIR FIELD, SAN ANTONIO, TEXAS.
(a) Findings.--Congress makes the following findings:
(1) The Federal response to Hurricane Katrina demonstrated
the need for greater coordination and planning capability at the
Federal, State, and local levels of government.
(2) Coordination of State and local assets can be more
effectively accomplished if such assets are organized on a
regional basis similar to the manner in which the Federal
Emergency Management Agency organizes its efforts.
(3) Despite the obvious need for experienced and routinely
exercised operational headquarters skilled in disaster response,
no such headquarters have been established.
(4) Such a headquarters would be appropriately located on
available Federal property in Region VI of the Federal Emergency
Management Agency, which includes Texas, Louisiana, Oklahoma,
Arkansas, and New Mexico, and is a region subject to forest
fires, floods, hurricanes, and tornadoes.
(b) Report Required.--Not later than March 31, 2008, the Secretary
of Defense, in coordination with the Secretary of Homeland Security,
shall submit to Congress a report on the feasibility of establishing at
Kelly Air Field in San Antonio, Texas, a permanent, regionally oriented
disaster response center responsible for planning, coordinating, and
directing the Federal, State, and local response to man-made and natural
disasters that occur in Region VI of the Federal Emergency Management
Agency.
(c) Content.--The report required under subsection (b) shall include
the following:
(1) A determination of how the regional disaster response
center, if established at Kelly Air Field, would organize and
leverage capabilities of the following currently co-located
organizations, facilities, and forces located in San Antonio,
Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) City of San Antonio/Bexar County Emergency
Operations Center.
(F) Audie Murphy Veterans Administration Medical
Center.
(G) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
(H) 149 Fighter Wing and Texas Air National Guard F-
16 fighter aircraft.
(I) Army Northern Command.
(J) The three level 1 trauma centers of the National
Trauma Institute.
(K) Texas Medical Rangers.
(L) San Antonio Metro Health Department.
(M) The University of Texas Health Science Center at
San Antonio.
(N) The Air Intelligence Surveillance and
Reconnaissance Agency at Lackland Air Force Base.
[[Page 122 STAT. 567]]
(O) The United States Air Force Security Police
Training Department at Lackland Air Force Base.
(P) The large manpower pools and blood donor pools
from the more than 6,000 trainees at Lackland Air Force
Base.
(2) A determination of the number of military and civilian
personnel who would have to be mobilized to run the logistics,
planning, and maintenance of the regional disaster response
center, if established at Kelly Air Field, during a time of
disaster recovery.
(3) A determination of the number of military and civilian
personnel who would be required to run the logistics, planning,
and maintenance of the regional disaster response center during
a time when no disaster is occurring.
(4) A determination of the cost of improving the current
infrastructure at Kelly Air Field to meet the needs of displaced
victims of a disaster equivalent to that of Hurricanes Katrina
and Rita or a natural or man-made disaster of similar scope,
including adequate beds, food stores, and decontamination
stations to triage radiation or other chemical or biological
agent contamination victims.
(5) An evaluation of the current capability of the
Department of Defense and the Department of Homeland Security to
respond to these mission requirements and an assessment of any
additional capabilities that are required.
(6) An assessment of the costs and benefits of adding such
capabilities at Kelly Air Field to the costs and benefits of
other locations.
SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN HONOR
OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER OF THE UNITED
STATES HOUSE OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to represent
Colorado's 5th Congressional district in 1986 and served in the
House of Representatives until the end of the 109th Congress in
2007 with distinction, class, integrity, and honor.
(2) Representative Hefley served on the Committee on Armed
Services of the House of Representatives for 18 years, including
service as Chairman of the Subcommittee on Military
Installations and Facilities from 1995 through 2000 and, from
2001 until 2007, as Chairman of the Subcommittee on Readiness.
(3) Representative Hefley was a fair and effective lawmaker
who worked for the national interest while never forgetting his
Western roots.
(4) Representative Hefley's efforts on the Committee on
Armed Services were instrumental to the military value of, and
quality of life at, installations in the State of Colorado,
including Fort Carson, Cheyenne Mountain, Peterson Air Force
Base, Schriever Air Force Base, Buckley Air Force Base, and the
United States Air Force Academy.
(5) Representative Hefley was a leader in efforts to retain
and expand Fort Carson as an essential part of the national
defense system during the Defense Base Closure and Realignment
process.
[[Page 122 STAT. 568]]
(6) Representative Hefley consistently advocated for
providing members of the Armed Forces and their families with
quality, safe, and affordable housing and supportive
communities.
(7) Representative Hefley spearheaded the Military Housing
Privatization Initiative to eliminate inadequate housing on
military installations, with the first pilot program located at
Fort Carson.
(8) Representative Hefley's leadership on the Military
Housing Privatization Initiative allowed for the privatization
of more than 121,000 units of military family housing, which
brought meaningful improvements to living conditions for
thousands of members of the Armed Forces and their spouses and
children at installations throughout the United States.
(9) It is fitting and proper that an appropriate military
family housing area or structure at Fort Carson be designated in
honor of Representative Hefley.
(b) Designation.--Notwithstanding Army Regulation AR 1-33, the
Secretary of the Army shall designate one of the military family housing
areas or facilities constructed for Fort Carson, Colorado, using the
authority provided by subchapter IV of chapter 169 of title 10, United
States Code, as the ``Joel Hefley Village''.
SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK
ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE EVANS, A
FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the House of
Representatives in 1982 and served in the House of
Representatives until the end of the 109th Congress in 2007
representing the people of Illinois' 17th Congressional
district.
(2) As a member of the Committee on Armed Services of the
House of Representatives, Representative Evans worked to bring
common sense priorities to defense spending and strengthen the
military's conventional readiness.
(3) Representative Evans was a tireless advocate for
military veterans, ensuring that veterans receive the medical
care they need and advocating for individuals suffering from
post-traumatic stress disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the transition
of individuals from military service to the care of the
Department of Veterans Affairs will continue to benefit
generations of veterans long into the future.
(5) Representative Evans was credited with bringing new
services to veterans living in his Congressional district,
including outpatient clinics in the Quad Cities and Quincy and
the Quad-Cities Vet Center.
(6) Representative Evans worked with local leaders to
promote the Rock Island Arsenal, and it earned new jobs and
missions through his support.
(7) In honor of his service in the Marine Corps and to his
district and the United States, it is fitting and proper that
the Navy and Marine Corps Reserve Center at Rock Island Arsenal
be named in honor of Representative Evans.
(b) Designation.--The Navy and Marine Corps Reserve Center at Rock
Island Arsenal, Illinois, shall be known and designated
[[Page 122 STAT. 569]]
as the ``Lane Evans Navy and Marine Corps Reserve Center''. Any
reference in a law, map, regulation, document, paper, or other record of
the United States to the Navy and Marine Corps Reserve Center at Rock
Island Arsenal shall be deemed to be a reference to the Lane Evans Navy
and Marine Corps Reserve Center.
SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH
SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE SHERWOOD L.
BOEHLERT, A FORMER MEMBER OF THE UNITED STATES HOUSE OF
REPRESENTATIVES.
The new laboratory building at the Air Force Rome Research Site,
Rome, New York, shall be known and designated as the ``Sherwood Boehlert
Center of Excellence for Information Science and Technology''. Any
reference in a law, map, regulation, document, paper, or other record of
the United States to such laboratory facility shall be deemed to be a
reference to the Sherwood Boehlert Center of Excellence for Information
Science and Technology.
SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE HONORABLE
MICHAEL G. OXLEY, A FORMER MEMBER OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.
The administration building under construction at the Joint Systems
Manufacturing Center in Lima, Ohio, shall be known and designated as the
``Michael G. Oxley Administration and Technology Center''. Any reference
in a law, map, regulation, document, paper, or other record of the
United States to such building shall be deemed to be a reference to the
Michael G. Oxley Administration and Technology Center.
SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY
QUARTERMASTER CENTER AND SCHOOL, FORT LEE, VIRGINIA, IN
HONOR OF GENERAL RICHARD H. THOMPSON.
Notwithstanding Army Regulation AR 1-33, the Logistics Automation
Training Facility of the Army Quartermaster Center and School at Fort
Lee, Virginia, shall be known and designated as the ``General Richard H.
Thompson Logistics Automation Training Facility'' in honor of General
Richard H. Thompson, the only quartermaster to have risen from private
to full general. Any reference in a law, map, regulation, document,
paper, or other record of the United States to such facility shall be
deemed to be a reference to the General Richard H. Thompson Logistics
Automation Training Facility.
SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO FORT MEADE,
MARYLAND.
(a) Authority to Carry Out Relocation Agreement.--The Secretary of
Defense may carry out an agreement to relocate the Joint Spectrum
Center, a geographically separated unit of the Defense Information
Systems Agency, from Annapolis, Maryland, to Fort Meade, Maryland, or
another military installation if--
(1) the Secretary determines that the relocation of the
Joint Spectrum Center is in the best interest of national
security and the physical protection of personnel and missions
of the Department of Defense; and
[[Page 122 STAT. 570]]
(2) the agreement between the lease holder and the
Department of Defense provides equitable and appropriate terms
to facilitate the relocation.
(b) Authorization.--Any facility, road, or infrastructure
constructed or altered on a military installation as a result of the
agreement referred to in subsection (a) is deemed to be authorized in
accordance with section 2802 of title 10, United States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title, and interest
of the United States in and to the existing lease for the Joint Spectrum
Center shall be terminated, as contemplated under Condition 29.B of the
lease.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(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
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Colorado..................... Fort Carson.............. $8,100,000
Georgia...................... Fort Stewart............. $6,000,000
Kansas....................... Fort Riley............... $50,000,000
Kentucky..................... Fort Campbell............ $7,400,000
Louisiana.................... Fort Polk................ $4,900,000
New York..................... Fort Drum................ $38,000,000
Texas........................ Fort Hood................ $9,100,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $249,600,000
[[Page 122 STAT. 571]]
Ghazni................... $5,000,000
Kabul.................... $36,000,000
Iraq......................... Camp Adder............... $80,650,000
Al Asad.................. $92,600,000
Camp Anaconda............ $53,500,000
Camp Constitution........ $11,700,000
Camp Cropper............. $9,500,000
Fallujah................. $880,000
Camp Marez............... $880,000
Mosul.................... $43,000,000
Q-West................... $26,000,000
Camp Ramadi.............. $880,000
Scania................... $14,200,000
Camp Speicher............ $83,900,000
Camp Taqqadum............ $880,000
Tikrit................... $43,000,000
Camp Victory............. $65,400,000
Camp Warrior............. $880,000
Various Locations........ $207,000,000
Kuwait....................... Camp Arifjan............. $30,000,000
------------------------------------------------------------------------
(c) 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
$1,257,750,000 as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $123,500,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $1,055,450,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $78,800,000.
(d) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by subsection (b) for Camp
Arifjan, Kuwait, or Camp Cropper, Iraq, until 14 days after the date on
which the Secretary of Defense submits to the congressional defense
committees a report, in either unclassified or classified form,
containing a detailed justification for the project, including the
overall intent of the requested construction, host-nation views,
longevity of the site selected, and timelines for completion. The
Secretary shall submit the report not later than January 15, 2008.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (d)(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:
[[Page 122 STAT. 572]]
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton............................... $102,034,000
Twentynine Palms............................. $4,440,000
North Carolina................................. Camp Lejeune................................. $43,340,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (d)(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
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier................................ $25,410,000
----------------------------------------------------------------------------------------------------------------
(c) Family Housing.--Using amounts appropriated pursuant to the
authorization of appropriations in subsection (d)(4), the Secretary of
the Navy may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, and in the amounts, set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton............................... $10,692,000
Twentynine Palms............................. $1,074,000
----------------------------------------------------------------------------------------------------------------
(d) Authorization of Appropriations.--Subject to section 2825 of
title 10, United States Code, 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
$198,781,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $149,814,000.
(2) For military construction projects outside the United
States authorized by subsection (a), $25,410,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $11,791,000.
(4) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$11,766,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Air Force may acquire real property and
[[Page 122 STAT. 573]]
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
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base.............................. $108,800,000
Kandahar..................................... $26,300,000
Iraq........................................... Balad Air Base............................... $58,300,000
Kyrgyzstan..................................... Manas Air Base............................... $30,300,000
----------------------------------------------------------------------------------------------------------------
(b) 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 Air Force in the total amount of
$258,700,000, as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $223,700,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,000,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(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 table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Texas.......................................... Fort Sam Houston............................. $21,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(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 table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar.......................................... Al Udeid..................................... $6,600,000
----------------------------------------------------------------------------------------------------------------
(c) 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 Defense (other than the military
departments) in the total amount of $27,600,000 as follows:
[[Page 122 STAT. 574]]
(1) For military construction projects inside the United
States authorized by subsection (a), $21,000,000.
(2) For military construction projects outside the United
States authorized by subsection (a), $6,600,000.
SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 AND
RELATED AUTHORIZATION OF APPROPRIATIONS.
(a) Authorized Base Closure and Realignment Activities Funded
Through Department of Defense Base Closure Account 2005.--Using amounts
authorized appropriated pursuant to the authorization of appropriations
in subsection (b), the Secretary of Defense may carry out base closure
and realignment activities otherwise authorized by section 2702 of this
Act, 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
$423,650,000. Such amount is in addition to the amount specified for
such base closure and realignment activities in section 2702 of this
Act.
(b) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2007, for
base closure and realignment activities authorized by subsection (a) and
funded through the Department of Defense Base Closure Account 2005 in
the total amount of $415,910,000.
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.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
[[Page 122 STAT. 575]]
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
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
$9,576,095,000, to be allocated as follows:
(1) For weapons activities, $6,465,574,000.
(2) For defense nuclear nonproliferation activities,
$1,902,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(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:
[[Page 122 STAT. 576]]
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.
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 $5,367,905,000.
(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, $9,000,000.
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 $763,974,000.
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
$292,046,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2008 for energy security and assurance programs
necessary for national security in the amount of $5,860,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
No funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1) or otherwise made available for
weapons activities of the National Nuclear Security Administration for
fiscal year 2008 may be obligated or expended for activities under the
Reliable Replacement Warhead program under section 4204a of the Atomic
Energy Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.
[[Page 122 STAT. 577]]
SEC. 3112. 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. <<NOTE: 50 USC 2528.>> 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. 3113. MODIFICATION OF REPORTING REQUIREMENT.
Section 3111 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3539) is amended--
(1) by redesignating subsections (c) and (d) as (d) and (e),
respectively;
(2) by inserting after subsection (b) the following:
``(c) Form.--The report required by subsection (b) shall be
submitted in classified form, and shall include a detailed unclassified
summary.''; and
(3) in subsection (e), as so redesignated, by striking
``(c)'' and inserting ``(d)''.
SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year Funds.--No
more than 75 percent of the fiscal year 2008 Fissile Materials
Disposition program funds may be obligated for the Fissile Materials
Disposition program until the Secretary of Energy, in consultation with
the Administrator for Nuclear Security, submits
[[Page 122 STAT. 578]]
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 January 1, 2005, and for fiscal year
2008.
(b) Availability of Unutilized Funds Under Certification of Partial
Use.--Any funds identified in the plan required in subsection (a) that
are not planned to be obligated by the end of fiscal year 2009 shall
also be available 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. 3115. 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''.
SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE OMBUDSMAN OF
THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.
Section 3686(g) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15(g)) is amended by
striking ``on the date that is 3 years after the date of the enactment
of this section'' and inserting ``October 28, 2012''.
SEC. 3117. 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.''.
[[Page 122 STAT. 579]]
Subtitle C--Other Matters
SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT
WARHEAD PROGRAM.
(a) Study Required.--The Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, shall carry out a study
analyzing the feasibility of using existing pits in the Reliable
Replacement Warhead program.
(b) Report.--
(1) In general.--Not later six months after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a report on the results of the
study. The report shall be in unclassified form, but may include
a classified annex.
(2) Matters included.--The report shall contain the
assessment of the Administrator of the results of the study,
including--
(A) an assessment of--
(i) whether using existing pits in the program
is technically feasible;
(ii) whether using existing pits in the
program is more advantageous than using newly
manufactured pits in the program;
(iii) the number of existing pits suitable for
such use;
(iv) whether proceeding to use existing pits
in the program before using newly manufactured
pits in the program is desirable; and
(v) the extent to which using existing pits,
as compared to using newly manufactured pits, in
the program would reduce future requirements for
new pit production, and how such use of existing
pits would affect the schedule and scope for new
pit production; and
(B) a comparison of the requirements for
certifying--
(i) reliable replacement warheads using
existing pits;
(ii) reliable replacement warheads using newly
manufactured pits; and
(iii) warheads maintained by the Stockpile
Life Extension Program.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 3101(a)(1), such funds as may
be necessary shall be available to carry out this section.
SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS.
Not later than March 1, 2008, the Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council, shall submit
to the congressional defense committees a report on the retirement and
dismantlement of the nuclear warheads that will not be part of the
enduring stockpile as of December 31, 2012, but that have not yet been
retired or dismantled. The report shall include--
(1) the existing plan and schedule for retiring and
dismantling those warheads;
[[Page 122 STAT. 580]]
(2) an assessment of the capacity of the nuclear weapons
complex to accommodate an accelerated schedule for retiring and
dismantling those warheads, taking into account the full range
of capabilities in the complex; and
(3) an identification of the resources needed to accommodate
such an accelerated schedule for retiring and dismantling those
warheads.
SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO NUCLEAR WEAPONS
COMPLEX.
Section 3253(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2453(b)) is amended by adding at the end the following:
``(6) A plan, developed in consultation with the Director of
the Office of Health, Safety, and Security of the Department of
Energy, for the research and development, deployment, and
lifecycle sustainment of the technologies employed within the
nuclear weapons complex to address physical and cyber security
threats during the applicable five-fiscal year period, together
with--
``(A) for each site in the nuclear weapons complex,
a description of the technologies deployed to address
the physical and cyber security threats posed to that
site;
``(B) for each site and for the nuclear weapons
complex, the methods used by the National Nuclear
Security Administration to establish priorities among
investments in physical and cyber security technologies;
and
``(C) a detailed description of how the funds
identified for each program element specified pursuant
to paragraph (1) in the budget for the Administration
for each fiscal year during that five-fiscal year period
will help carry out that plan.''.
SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.
(a) Comptroller General Report on Department of Energy Protective
Force Management.--
(1) 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.
(2) Contents.--The report shall include the following:
(A) An identification of each Department of Energy
site with Category I nuclear materials.
(B) For each site identified under subparagraph
(A)--
(i) a description of the management and
contractual structure for protective forces at the
site;
(ii) a statement of the number and category of
protective force members at the site;
(iii) a description of the manner in which the
site 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 moving to such a force;
(iv) a description of the extent to which the
protective force at the site has been assigned or
is responsible
[[Page 122 STAT. 581]]
for law enforcement or law-enforcement related
activities;
(v) an assessment of the ability of the
protective force at the site to fulfill any such
law enforcement or law enforcement-related
responsibilities; and
(vi) an assessment of whether the protective
force at the 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 and, if not, when it is
projected to be.
(C) An analysis comparing the management, training,
pay, benefits, duties, responsibilities, and assignments
of the protective force at each site identified under
subparagraph (A) with the management, training, pay,
benefits, duties, responsibilities, and assignments of
the Federal transportation security force of the
Department of Energy.
(D) A statement of options for managing the
protective force at sites identified under subparagraph
(A) 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.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(b) Department of Energy Analysis of Alternatives for Managing and
Deploying Protective Forces.--
(1) In general.--Not <<NOTE: Deadline. Reports.>> later than
90 days after the date on which the report is submitted under
subsection (a), the Secretary of Energy, in conjunction with the
Administrator for Nuclear Security and the Assistant Secretary
for Environmental Management, 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.
(2) Contents.--The report shall include the following:
(A) Each of the matters specified in subparagraphs
(A), (B), and (C) of subsection (a)(2).
(B) Each of the matters specified in subparagraph
(D) of subsection (a)(2), except that--
(i) the options analyzed shall include each of
the options included in the report submitted under
subsection (a), as well as any other options
identified by the Secretary; and
(ii) the analysis and assessment shall also
include an analysis of the role played by
incentives inherent in the use of private
contractors to provide protective forces in the
performance of those protective forces.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
STRATEGIC PLAN FOR ADVANCED COMPUTING.
(a) In General.--The Secretary of Energy shall--
(1) <<NOTE: Contracts.>> enter into an agreement with an
independent entity to conduct an evaluation of the strategic
plan for advanced
[[Page 122 STAT. 582]]
computing of the National Nuclear Security Administration; and
(2) <<NOTE: Deadline. Reports.>> not later than one year
after the date of the enactment of this Act, submit to the
congressional defense committees a report containing the results
of the evaluation described in paragraph (1).
(b) Elements.--The evaluation described in subsection (a)(1) shall
include the following:
(1) An assessment of--
(A) the adequacy of the strategic plan in supporting
the Stockpile Stewardship Program;
(B) the role of research into, and development of,
high-performance computing supported by the National
Nuclear Security Administration in fulfilling the
mission of the National Nuclear Security Administration
and in maintaining the leadership of the United States
in high-performance computing; and
(C) the impacts of changes in investment levels or
research and development strategies on fulfilling the
missions of the National Nuclear Security
Administration.
(2) An assessment of the efforts of the Department of Energy
to--
(A) coordinate high-performance computing work
within the Department, in particular between the
National Nuclear Security Administration and the Office
of Science;
(B) develop joint strategies with other Federal
agencies and private industry groups for the development
of high-performance computing; and
(C) share high-performance computing developments
with private industry and capitalize on innovations in
private industry in high-performance computing.
SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF
THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD
PROGRAM.
It is the sense of Congress that--
(1) the United States should maintain 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;
[[Page 122 STAT. 583]]
(5) the United States should sustain the science-based
stockpile stewardship program, which provides the basis for
certifying the United States nuclear deterrent and maintaining
the moratorium on underground nuclear weapons testing;
(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, including plans for any new
weapons or warheads, and how such programs and plans 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. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
INTERNATIONAL RADIOLOGICAL THREAT REDUCTION PROGRAM.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Energy shall submit to Congress a report that sets
forth a specific plan for strengthening and expanding the Department of
Energy International Radiological Threat Reduction (IRTR) program within
the Global Threat Reduction Initiative. The plan shall address concerns
raised and recommendations made by the Government Accountability Office
in its report of March 13, 2007, titled ``Focusing on the Highest
Priority Radiological Sources Could Improve DOE's Efforts to Secure
Sources in Foreign Countries'', and shall specifically include actions
to--
(1) improve the Department's coordination with the
Department of State and the Nuclear Regulatory Commission;
(2) improve information-sharing between the Department and
the International Atomic Energy Agency;
(3) with respect to hospitals and clinics containing
radiological sources that receive security upgrades, give high
priority to those determined to be the highest risk;
(4) accelerate efforts to remove as many radioisotope
thermoelectric generators (RTGs) in the Russian Federation as
practicable;
(5) develop a long-term sustainability plan for security
upgrades that includes, among other things, future resources
required to implement such a plan; and
(6) develop a long-term operational plan that ensures
sufficient funding for the IRTR program and ensures sufficient
funding to identify, recover, and secure all vulnerable high-
risk radiological sources worldwide as quickly and effectively
as possible.
[[Page 122 STAT. 584]]
SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Energy shall submit to Congress a specific plan for
strengthening and expanding the Department of Energy Materials
Protection, Control, and Accounting (MPC&A) program. The plan shall
address concerns raised and recommendations made by the Government
Accountability Office in its report of February 2007, titled ``Progress
Made in Improving Security at Russian Nuclear Sites, but the Long-Term
Sustainability of U.S. Funded Security Upgrades is Uncertain'', and
shall specifically include actions to--
(1) strengthen program management and the effectiveness of
the Department's efforts to improve security at weapons-usable
nuclear material and warhead sites in the Russian Federation and
other countries by--
(A) revising the metrics used to measure MPC&A
program progress to better reflect the level of security
upgrade completion at buildings reported as ``secure'';
(B) actively working with other countries, in
coordination with the Secretary of State, to develop an
appropriate access plan for each country; and
(C) developing a management information system to
track the Department's progress in providing Russia with
a sustainable MPC&A system by 2013; and
(2) <<NOTE: Operational plan.>> develop a long-term
operational plan that ensures sufficient funding for the MPC&A
program, including for National Programs and Sustainability, and
ensures sufficient funding to secure all weapons-usable nuclear
material and warhead sites as quickly and effectively as
possible.
SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS CAPABILITIES.
(a) International Agreements.--
(1) In general.--Title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2561 et seq.) is amended by adding at the end the
following:
``SEC. 4307. <<NOTE: 50 USC 2572.>> INTERNATIONAL AGREEMENTS ON NUCLEAR
WEAPONS DATA.
``The Secretary of Energy may, with the concurrence of the Secretary
of State and in coordination with the Secretary of Defense, the
Secretary of Homeland Security, and the Director of National
Intelligence, enter into agreements with countries or international
organizations to conduct data collection and analysis to determine
accurately and in a timely manner the source of any components of, or
fissile material used or attempted to be used in, a nuclear device or
weapon.
``SEC. 4308. <<NOTE: 50 USC 2573.>> INTERNATIONAL AGREEMENTS ON
INFORMATION ON RADIOACTIVE MATERIALS.
``The Secretary of Energy may, with the concurrence of the Secretary
of State and in coordination with the Secretary of Defense, the
Secretary of Homeland Security, and the Director of National
Intelligence, enter into agreements with countries or international
organizations--
[[Page 122 STAT. 585]]
``(1) to acquire for the materials information program of
the Department of Energy validated information on the physical
characteristics of radioactive material produced, used, or
stored at various locations, in order to facilitate the ability
to determine accurately and in a timely manner the source of any
components of, or fissile material used or attempted to be used
in, a nuclear device or weapon; and
``(2) to obtain access to information described in paragraph
(1) in the event of--
``(A) a nuclear detonation; or
``(B) the interdiction or discovery of a nuclear
device or weapon or nuclear material.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4306A the following:
``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive
materials.''.
(b) Report on Agreements.--Not later than one year after the date of
the enactment of this Act, the Secretary of Energy shall, in
coordination with the Secretary of State, submit to Congress a report
identifying--
(1) the countries or international organizations with which
the Secretary has sought to make agreements pursuant to sections
4307 and 4308 of the Atomic Energy Defense Act, as added by
subsection (a);
(2) any countries or international organizations with which
such agreements have been finalized and the measures included in
such agreements; and
(3) any major obstacles to completing such agreements with
other countries and international organizations.
(c) Report <<NOTE: President.>> on Standards and Capabilities.--Not
later than 180 days after the date of the enactment of this Act, the
President shall submit to Congress a report--
(1) setting forth standards and procedures to be used in
determining accurately and in a timely manner any country or
group that knowingly or negligently provides to another country
or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device or weapon;
or
(C) fissile material that could be used in a nuclear
device or weapon;
(2) assessing the capability of the United States to collect
and analyze nuclear material or debris in a manner consistent
with the standards and procedures described in paragraph (1);
and
(3) <<NOTE: Plan.>> including a plan and proposed funding
for rectifying any shortfalls in the nuclear forensics
capabilities of the United States by September 30, 2010.
SEC. 3130. 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.--Not later than September 30, 2008, the Secretary of
Energy shall submit to the congressional defense committees and the
Comptroller General of the United States a report
[[Page 122 STAT. 586]]
on the status of the environmental management initiatives 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 and assessment 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 whether legislative changes or
clarifications would improve or accelerate environmental
management activities.
(3) A listing of the major mandatory milestones and
commitments by site, by type of agreement, and by year to the
extent that they are currently defined, together with a summary
of the major mandatory milestones by site that are projected to
be missed or are in jeopardy of being missed, with categories to
explain the reason for non-compliance.
(4) An estimate of the life cycle cost of the current scope
of the environmental management program as of October 1, 2007,
by project baseline summary and summarized by site, including
assumptions impacting cost projections and descriptions of the
work to be done at each site.
(5) For environmental cleanup liabilities and excess
facilities projected to be transferred to the environmental
management program, a description of the process for nomination
and acceptance of new work scope into the program, a listing of
pending nominations, and life cycle cost estimates and schedules
to address them.
(c) Review by Comptroller General.--Not later than March 30, 2009,
the Comptroller General shall submit to the congressional defense
committees a report containing a review of the report required by
subsection (a).
Subtitle D--Nuclear Terrorism Prevention
SEC. 3131. <<NOTE: 22 USC 3244 note.>> DEFINITIONS.
In this subtitle:
(1) The term ``Convention on the Physical Protection of
Nuclear Material'' means the Convention on the Physical
Protection of Nuclear Material, signed at New York and Vienna
March 3, 1980.
[[Page 122 STAT. 587]]
(2) The term ``formula quantities of strategic special
nuclear material'' means uranium-235 (contained in uranium
enriched to 20 percent or more in the U-235 isotope), uranium-
233, or plutonium in any combination in a total quantity of
5,000 grams or more computed by the formula, grams = (grams
contained U-235) + 2.5 (grams U-233 + grams plutonium), as set
forth in the definitions of ``formula quantity'' and ``strategic
special nuclear material'' in section 73.2 of title 10, Code of
Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty'' means 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 (21 UST 483).
(4) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which is
for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.
SEC. 3132. <<NOTE: 22 USC 3244 note.>> SENSE OF CONGRESS ON THE
PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the President should make the prevention of a nuclear
terrorist attack on the United States a high priority;
(2) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear terrorism,
including combating nuclear smuggling, securing and accounting
for nuclear weapons, and eliminating, removing, or securing and
accounting for formula quantities of strategic special nuclear
material wherever such quantities may be;
(3) the United States, together with the international
community, should take a comprehensive approach to reducing the
danger of nuclear terrorism, including by making additional
efforts to identify and eliminate terrorist groups that aim to
acquire nuclear weapons, to ensure that nuclear weapons
worldwide are secure and accounted for and that formula
quantities of strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for to a degree
sufficient to defeat the threat that terrorists and criminals
have shown they can pose, and to increase the ability to find
and stop terrorist efforts to manufacture nuclear explosives or
to transport nuclear explosives and materials anywhere in the
world;
(4) within such a comprehensive approach, a high priority
must be placed on ensuring that all nuclear weapons worldwide
are secure and accounted for and that all formula quantities of
strategic special nuclear material worldwide are eliminated,
removed, or secure and accounted for; and
(5) the International Atomic Energy Agency should be funded
appropriately to fulfill its role in coordinating international
efforts to protect nuclear material and to combat nuclear
smuggling.
SEC. 3133. <<NOTE: 22 USC 3244 note.>> MINIMUM SECURITY STANDARD FOR
NUCLEAR WEAPONS AND FORMULA QUANTITIES OF STRATEGIC SPECIAL
NUCLEAR MATERIAL.
(a) Policy.--It is the policy of the United States to work with the
international community to take all possible steps to
[[Page 122 STAT. 588]]
ensure that all nuclear weapons around the world are secure and
accounted for and that all formula quantities of strategic special
nuclear material are eliminated, removed, or secure and accounted for to
a level sufficient to defeat the threats posed by terrorists and
criminals.
(b) International Nuclear Security Standard.--It is the sense of
Congress that, in furtherance of the policy described in subsection (a),
and consistent with the requirement for ``appropriate effective''
physical protection contained in United Nations Security Council
Resolution 1540 (2004), as well as the Nuclear Non-Proliferation Treaty
and the Convention on the Physical Protection of Nuclear Material, the
President, in consultation with relevant Federal departments and
agencies, should seek the broadest possible international agreement on a
global standard for nuclear security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are secure and accounted for
to a sufficient level to defeat the threats posed by terrorists
and criminals;
(2) takes into account the limitations of equipment and
human performance; and
(3) includes steps to provide confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress that, in
furtherance of the policy described in subsection (a), the President, in
consultation with relevant Federal departments and agencies, should--
(1) work with other countries and the International Atomic
Energy Agency to assist as appropriate, and if necessary work to
convince, the governments of any and all countries in possession
of nuclear weapons or formula quantities of strategic special
nuclear material to ensure that security is upgraded to meet the
standard described in subsection (b) as rapidly as possible and
in a manner that--
(A) accounts for the nature of the terrorist and
criminal threat in each such country; and
(B) ensures that any measures to which the United
States and any such country agree are sustained after
United States and other international assistance ends;
(2) ensure that United States financial and technical
assistance is available, as appropriate, to countries for which
the provision of such assistance would accelerate the
implementation of, or improve the effectiveness of, such
security upgrades; and
(3) work with the governments of other countries to ensure
that effective nuclear security rules, accompanied by effective
regulation and enforcement, are put in place to govern all
nuclear weapons and formula quantities of strategic special
nuclear material around the world.
SEC. 3134. <<NOTE: 22 USC 3244 note.>> ANNUAL REPORT.
(a) In <<NOTE: President.>> General.--Not later than September 1 of
each year through 2012, the President, in consultation with relevant
Federal departments and agencies, shall submit to Congress a report on
the security of nuclear weapons and related equipment and formula
quantities of strategic special nuclear material outside of the United
States.
[[Page 122 STAT. 589]]
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination, removal, and
security and accounting of formula quantities of strategic
special nuclear material, established under section 3132(b) of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (50 U.S.C. 2569(b)), which shall include the
following:
(A) A survey of the facilities and sites worldwide
that contain nuclear weapons or related equipment, or
formula quantities of strategic special nuclear
material.
(B) A list of such facilities and sites determined
to be of the highest priority for security and
accounting of nuclear weapons and related equipment, or
the elimination, removal, or security and accounting of
formula quantities of strategic special nuclear
material, taking into account risk of theft from such
facilities and sites, and organized by level of
priority.
(C) <<NOTE: Plan.>> A prioritized plan, including
measurable milestones, metrics, estimated timetables,
and estimated costs of implementation, on the following:
(i) The security and accounting of nuclear
weapons and related equipment and the elimination,
removal, or security and accounting of formula
quantities of strategic special nuclear material
at such facilities and sites worldwide.
(ii) Ensuring that security upgrades and
accounting reforms implemented at such facilities
and sites worldwide, using the financial and
technical assistance of the United States, are
effectively sustained after such assistance ends.
(iii) The role that international agencies and
the international community have committed to
play, together with a plan for securing
international contributions.
(D) An assessment of the progress made in
implementing the plan described in subparagraph (C),
including a description of the efforts of foreign
governments to secure and account for nuclear weapons
and related equipment and to eliminate, remove, or
secure and account for formula quantities of strategic
special nuclear material.
(2) A section on efforts to establish and implement the
international nuclear security standard described in section
3133(b) and related policies.
(c) Form.--The report may be submitted in classified form but shall
include a detailed unclassified summary.
[[Page 122 STAT. 590]]
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2008 to the Department of Energy for the National Nuclear
Security Administration for defense nuclear nonproliferation in the
amount of $50,000,000, of which $30,000,000 is for the International
Nuclear Materials Protection and Cooperation program and $20,000,000 is
for the Global Threat Reduction Initiative.
(b) Treatment as Additional Authorization.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated by this Act.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
SEC. 3301. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2008,
$22,499,000 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.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $17,301,000 for fiscal year 2008 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
SEC. 3402. <<NOTE: Utah.>> REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.
Section 3405(i) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 7420 note) is
amended by adding at the end the following new paragraph:
``(6)(A) <<NOTE: Deadline.>> Not later than October 1, 2019, the
Secretary of Energy shall complete remediation at the Moab site and
removal of the tailings to the Crescent Junction site in Utah.
[[Page 122 STAT. 591]]
``(B) <<NOTE: Plan.>> In the event the Secretary of Energy is unable
to complete remediation at the Moab Site by October 1, 2019, the
Secretary shall submit to Congress a plan setting forth the projected
completion date and the estimated funding to meet the revised date.
<<NOTE: Deadline.>> The Secretary shall submit the plan, if required, to
Congress not later than October 2, 2019.''.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
Subtitle A--Maritime Administration Reauthorization
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.
Funds are hereby authorized to be appropriated for fiscal year
2008, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $124,303,000, of which--
(A) $63,958,000 shall remain available until
expended for expenses and capital improvements at the
United States Merchant Marine Academy; and
(B) $11,500,000 which shall remain available until
expended for maintenance and repair of school ships at
the State Maritime Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$156,000,000.
(3) For paying reimbursement under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
$19,500,000.
[[Page 122 STAT. 592]]
(4) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United States Code,
$25,000,000.
(5) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402, $20,000,000.
(6) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $30,000,000.
(7) For administrative expenses related to the
implementation of the loan guarantee program under chapter 537
of title 46, United States Code, administrative expenses related
to implementation of the reimbursement program under section
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101
note), and administrative expenses related to the implementation
of the small shipyards and maritime communities assistance
program under section 54101 of title 46, United States Code,
$6,000,000.
SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS TO
NAVY FOR DISPOSAL.
The Secretary of Transportation shall, subject to the availability
of appropriations and consistent with section 1535 of title 31, United
States Code, popularly known as the Economy Act, transfer to the
Secretary of the Navy during fiscal year 2008 for disposal by the Navy,
no fewer than 3 combatant vessels in the nonretention fleet of the
Maritime Administration that are acceptable to the Secretary of the
Navy.
SEC. <<NOTE: 46 USC 57102 note.>> 3503. VESSEL DISPOSAL PROGRAM.
(a) In General.--Within <<NOTE: Deadline. Establishment.>> 30 days
after the date of the enactment of this Act, the Secretary of
Transportation shall convene a working group to review and make
recommendations on best practices for the storage and disposal of
obsolete vessels owned or operated by the Federal Government. The
Secretary shall invite senior representatives from the Maritime
Administration, the Coast Guard, the Environmental Protection Agency,
the National Oceanic and Atmospheric Administration, and the United
States Navy to participate in the working group. The Secretary may
request the participation of senior representatives of any other Federal
department or agency, as appropriate, and may also request participation
from concerned State environmental agencies.
(b) Scope.--Among the vessels to be considered by the working group
are Federally owned or operated vessels that are--
(1) to be scrapped or recycled;
(2) to be used as artificial reefs; or
(3) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies,
procedures, and practices for obsolete vessels owned or operated
by Federal agencies;
(2) examine Federal and State laws and regulations governing
such policies, procedures, and practices and any applicable
environmental laws; and
(3) <<NOTE: Deadline. Plan.>> within 90 days after the date
of enactment of the Act, submit a plan to the Committee on Armed
Services and the Committee on Commerce, Science and
Transportation of
[[Page 122 STAT. 593]]
the Senate and the Committee on Armed Services of the House of
Representatives to improve and harmonize practices for storage
and disposal of such vessels, including the interim
transportation of such vessels.
(d) Contents of Plan.--The working group shall include in the plan
submitted under subsection (c)(3)--
(1) a description of existing measures for the storage,
disposal, and interim transportation of obsolete vessels owned
or operated by Federal agencies in compliance with Federal and
State environmental laws in a manner that protects the
environment;
(2) a description of Federal and State laws and regulations
governing the current policies, procedures, and practices for
the storage, disposal, and interim transportation of such
vessels;
(3) recommendations for environmental best practices that
meet or exceed, and harmonize, the requirements of Federal
environmental laws and regulations applicable to the storage,
disposal, and interim transportation of such vessels;
(4) recommendations for environmental best practices that
meet or exceed the requirements of State laws and regulations
applicable to the storage, disposal, and interim transportation
of such vessels;
(5) procedures for the identification and remediation of any
environmental impacts caused by the storage, disposal, and
interim transportation of such vessels; and
(6) recommendations for necessary steps, including
regulations if appropriate, to ensure that best environmental
practices apply to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the date of
enactment of the Act, the head of each Federal department or
agency participating in the working group, in consultation with
the other Federal departments and agencies participating in the
working group, shall take such action as may be necessary,
including the promulgation of regulations, under existing
authorities to ensure that the implementation of the plan
provides for compliance with all Federal and State laws and for
the protection of the environment in the storage, interim
transportation, and disposal of obsolete vessels owned or
operated by Federal agencies.
(2) Armed services vessels.--The Secretary and the Secretary
of Defense, in consultation with the Administrator of the
Environmental Protection Agency, shall each ensure that
environmental best practices are observed with respect to the
storage, disposal, and interim transportation of obsolete
vessels owned or operated by the Department of Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect any other
provision of law, including environmental law.
Subtitle B--Programs
SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.
(a) In General.--Subchapter III of chapter 575 of title 46, United
States Code, is amended by adding at the end the following:
[[Page 122 STAT. 594]]
``Sec. 57533. Vessel chartering authority
``The Secretary of Transportation may enter into contracts or other
agreements on behalf of the United States to purchase, charter, operate,
or otherwise acquire the use of any vessels documented under chapter 121
of this title and any other related real or personal property. The
Secretary is authorized to use this authority as the Secretary deems
appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter 575 of
such title is amended by adding at the end the following:
``57533. Vessel chartering authority''.
SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING AUTHORITY.
Section 50303 of title 46, United States Code, is amended by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1) and
inserting ``control, except that the prior consent of the
Secretary of Defense for such use shall be required with respect
to any vessel in the Ready Reserve Force or in the National
Defense Reserve Fleet which is maintained in a retention status
for the Department of Defense;''.
SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL INSTRUMENTALITIES.
Section 11(b) of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1744(b)), is amended--
(1) by striking ``or'' after the semicolon in paragraph (3);
(2) by striking ``Defense.'' in paragraph (4) and inserting
``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the government
of any State, locality, or Territory of the United States,
except that the prior consent of the Secretary of Defense for
such use shall be required with respect to any vessel in the
Ready Reserve Force or in the National Defense Reserve Fleet
which is maintained in a retention status for the Department of
Defense.''.
SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.
Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of disposal
services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) in accordance with a priority system for
disposing of vessels, as determined by the Secretary,
which shall include provisions requiring the Maritime
Administration to--
``(i) <<NOTE: Deadline.>> dispose of all
deteriorated high priority ships that are
available for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the disposition of
those vessels that pose the most significant
danger to the environment or cost the most to
maintain;''.
[[Page 122 STAT. 595]]
SEC. 3515. VESSEL TRANSFER AUTHORITY.
Section 50304 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a reimbursable or
nonreimbursable basis, as determined by the Secretary of Transportation,
the Secretary may charter or otherwise make available a vessel under the
jurisdiction of the Secretary to any other department, upon the request
by the Secretary of the Department that receives the vessel. The prior
consent of the Secretary of Defense for such use shall be required with
respect to any vessel in the Ready Reserve Force or in the National
Defense Reserve Fleet which is maintained in a retention status for the
Department of Defense.''.
SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.
Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) <<NOTE: Deadline.>> activate and conduct sea
trials on each vessel at least once every 30 months;''.
SEC. 3517. <<NOTE: 46 USC 53703 note.>> REVIEW OF APPLICATIONS FOR LOANS
AND GUARANTEES.
(a) Findings.--The Congress makes the following findings:
(1) The maritime loan guarantee program was established by
the Congress through the Merchant Marine Act, 1936 to encourage
domestic shipbuilding by making available federally backed loan
guarantees for new construction to ship owners and operators.
(2) The maritime loan guarantee program has a long and
successful history of ship construction with a low historical
default rate.
(3) The current process for review of applications for
maritime loans in the Department of Transportation has
effectively discontinued the program as envisioned by the
Congress.
(4) The President has requested no funding for the loan
guarantee program despite the stated national policy to foster
the development and encourage the maintenance of a merchant
marine in section 50101 of title 46, United States Code.
(5) United States commercial shipyards were placed at a
competitive disadvantage in the world shipbuilding market by
government subsidized foreign commercial shipyards.
(6) The maritime loan guarantee program has the potential to
modernize shipyards and the ships of the United States coastwise
trade and restore a competitive position in the world
shipbuilding market for United States shipyards.
(7) The maritime loan guarantee program is a useful tool to
encourage domestic shipbuilding, preserving a vital industrial
capacity critical to the security of the United States.
(b) Requirements.--
(1) In general.--Within <<NOTE: Deadline. Plan.>> 180 days
after the date of enactment of this Act, the Administrator of
the Maritime Administration shall develop and implement a
comprehensive plan for the review of applications for loan
guarantees under chapter 537 of title 46, United States Code.
(2) Deadline for action on application.--
(A) Traditional applications.--In the comprehensive
plan the Administrator will ensure that within the 90-
day period following receipt of all pertinent
documentation
[[Page 122 STAT. 596]]
required for review of a traditional loan application,
the application shall be either accepted or rejected.
(B) Nontraditional applications.--In the
comprehensive plan the Administrator will ensure that
within the 180-day period following receipt of all
pertinent documentation required for review of a
nontraditional loan application, the application shall
be either accepted or rejected.
(c) Submission to <<NOTE: Deadline. Records.>> Congress.--The
Administrator shall submit a copy of the comprehensive plan to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives within 180
days after the date of enactment of this Act.
(d) Definitions.--In this section:
(1) Traditional application.--The term ``traditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of
title 46, United States Code, that involves a market,
technology, and financial structure of a type that has proven
successful in previous applications and does not present an
unreasonable risk to the United States, as determined by the
Administrator of the Maritime Administration.
(2) Nontraditional application.--The term ``nontraditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of
title 46, United States Code, that is not a traditional
application, as determined by the Administrator of the Maritime
Administration.
Subtitle C--Technical Corrections
SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.
(a) Amendment.--Section 30104 of title 46, United States Code, is
amended--
(1) by striking ``(a) Cause of Action.--''; and
(2) by repealing subsection (b).
(b) Effective <<NOTE: 46 USC 30104 note.>> Date.--The amendment made
by subsection (a) shall be effective as if included in the enactment of
Public Law 109-304.
SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended as
follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through (13) as
paragraphs (3) through (14), respectively;
(B) inserting after paragraph (1) the following:
``(2) Administrator.--The term `Administrator' means the
Administrator of the Maritime Administration.''; and
(C) striking paragraph (13) (as redesignated) and
inserting the following:
``(13) Secretary.--The term `Secretary' means the Secretary
of Commerce with respect to fishing vessels and fishery
facilities.''.
(2) Section 53706(c) is amended to read as follows:
[[Page 122 STAT. 597]]
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a commitment to
guarantee an obligation under this chapter, the Administrator
shall give priority to--
``(A) a vessel that is otherwise eligible for a
guarantee and is constructed with assistance under
subtitle D of the Maritime Security Act of 2003 (46
U.S.C. 53101 note); and
``(B) after applying subparagraph (A), a vessel that
is otherwise eligible for a guarantee and that the
Secretary of Defense determines--
``(i) is suitable for service as a naval
auxiliary in time of war or national emergency;
and
``(ii) meets a shortfall in sealift capacity
or capability.
``(2) Time for determination.--The Secretary of Defense
shall determine whether a vessel satisfies paragraph (1)(B) not
later than 30 days after receipt of a request from the
Administrator for such a determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in subsections
(a) and (d) after ``Secretary'' each place it appears;
(B) by striking ``Secretary of Transportation'' in
subsection (b) and inserting ``Administrator'';
(C) by striking ``of Commerce'' in subsection (c);
and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or
Administrator considers necessary,'' before ``the
waiver''; and
(ii) striking ``the increased'' and inserting
``any significant increase in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of Transportation'' in
the heading of subsection (a) and inserting
``Administrator'';
(B) by striking ``Secretary'' and ``Secretary of
Transportation'' each place they appear in subsection
(a) and inserting ``Administrator'';
(C) by striking ``of Commerce'' in the heading of
subsection (b);
(D) by striking ``of Commerce'' in subsections (b)
and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator'' after
``Secretary'' the first place it appears; and
(ii) striking ``financial structures, or other
risk factors identified by the Secretary. Any
independent analysis conducted under this
subsection shall be performed by a party chosen by
the Secretary.'' and inserting ``or financial
structures. A third party independent analysis
conducted under this subsection shall be performed
by a private sector expert in assessing such risk
factors who is selected by the Secretary or
Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator'' after
``Secretary'' the first place it appears; and
[[Page 122 STAT. 598]]
(ii) striking ``financial structures, or other
risk factors identified by the Secretary'' and
inserting ``or financial structures''.
(5) Section 53710(b)(1) is amended by striking
``Secretary's'' and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the last
sentence and inserting ``If the Secretary or Administrator has
waived a requirement under section 53707(d) of this title, the
loan agreement shall include requirements for additional
payments, collateral, or equity contributions to meet the waived
requirement upon the occurrence of verifiable conditions
indicating that the obligor's financial condition enables the
obligor to meet the waived requirement.''.
(7) Subsections (c) and (d) of section 53717 are each
amended--
(A) by striking ``of Commerce'' in the subsection
heading; and
(B) by striking ``of Commerce'' each place it
appears.
(8) Section 53732(e)(2) is amended by inserting ``of
Defense'' after ``Secretary'' the second place it appears.
(9) The following provisions are amended by striking
``Secretary'' and ``Secretary of Transportation'' and inserting
``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears in a
heading and in text.
(C) Section 53718.
(D) Section 53731 each place it appears, except
where ``Secretary'' is followed by ``of Energy''.
(E) Section 53732 (as amended by paragraph (8)) each
place it appears, except where ``Secretary'' is followed
by ``of the Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by inserting ``or
Administrator'' after ``Secretary'' each place it appears in
headings and text, except where ``Secretary'' is followed by
``of Transportation'' or ``of the Treasury'':
(A) The items relating to sections 53722 and 53723
in the chapter analysis for chapter 537.
(B) Sections 53701(1), (4), and (9) (as redesignated
by paragraph (1)(A)), 53702(a), 53703, 53704,
53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and
(d), 53710(a) and (c), 53711, 53712 (except in the last
sentence of subsection (b) as amended by paragraph (6)),
53713 to 53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c),
53722(a)(1) and (b)(1)(B), and 53724(b) are amended by inserting
``or Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163) is <<NOTE: 46 USC 537013et
seq.>> repealed.
SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended as
follows:
[[Page 122 STAT. 599]]
(1) <<NOTE: 46 USC 51306, 51311, 51509, 51511.>> Chapters
513 and 515 are amended by striking ``Naval Reserve'' each place
it appears in analyses, headings, and text and inserting ``Navy
Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State maritime
academy the costs of fuel used by a vessel provided under this
section while used for training.
``(2) Maximum amounts.--The amount of the payment to a State
maritime academy under paragraph (1) may not exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and each fiscal
year thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year 2006,
$400,000 for fiscal year 2007, and $500,000 for fiscal year 2008
and each fiscal year thereafter''.
(4) Section 51701(a) is amended by striking ``of the United
States.'' and inserting ``of the United States and to perform
functions to assist the United States merchant marine, as
determined necessary by the Secretary.''.
(5)(A) Section 51907 is amended to read as follows:
``Sec. 51907. Provision of decorations, medals, and replacements
``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this chapter
and replacements for those decorations and medals; and
``(2) replacements for decorations and medals issued under a
prior law.''.
(B) The item relating to section 51907 in the chapter
analysis for chapter 519 is amended to read as follows:
``51907. Provision of decorations, medals, and replacements''.
(6)(A) The following new chapter is inserted after chapter
539:
``CHAPTER 541--MISCELLANEOUS
``Sec
``54101. Assistance for small shipyards and maritime communities''.
(B) Section 3506 of the National Defense Authorization Act
for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to
and redesignated as section 54101 of title 46, United States
Code, to appear at the end of chapter 541 of title 46, as
inserted by subparagraph (A).
(C) The heading of such section, as transferred by
subparagraph (B), is amended to read as follows:
``Sec. 54101. Assistance for small shipyards and maritime communities''.
(D) Paragraph (1) of subsection (h) of such section, as
transferred by subparagraph (B), is amended by striking ``(15
U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
[[Page 122 STAT. 600]]
(E) The table of chapters at the beginning of subtitle V is
amended by inserting after the item relating to chapter 539 the
following new item:
``541. Miscellaneous 54101''.
(b) Repeal of Superseded Amendments.--Sections 515(g)(2), 3502,
3509, and 3510 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163) <<NOTE: 46 USC 51306, 51311, 51504, 51505,
51509, 51511, 51701, 51907.>> are repealed.
SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.
(a) Amendments.--Section 60301 of title 46, United States Code, is
amended--
(1) by striking ``2 cents per ton (but not more than a total
of 10 cents per ton per year)'' in subsection (a) and inserting
``4.5 cents per ton, not to exceed a total of 22.5 cents per ton
per year, for fiscal years 2006 through 2010, and 2 cents per
ton, not to exceed a total of 10 cents per ton per year, for
each fiscal year thereafter,''; and
(2) by striking ``6 cents per ton (but not more than a total
of 30 cents per ton per year)'' in subsection (b) and inserting
``13.5 cents per ton, not to exceed a total of 67.5 cents per
ton per year, for fiscal years 2006 through 2010, and 6 cents
per ton, not to exceed a total of 30 cents per ton per year, for
each fiscal year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the Deficit
Reduction Act of 2005 (Public Law 109-171) <<NOTE: 46 USC 60301.>> is
repealed.
SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.
(a) Amendments.--Title 46, United States Code, is amended as
follows:
(1) Section 12111 is amended by adding at the end the
following:
``(d) Activities Involving Mobile Offshore Drilling Units.--
``(1) In general.--Only a vessel for which a certificate of
documentation with a registry endorsement is issued may engage
in--
``(A) the setting, relocation, or recovery of the
anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the outer Continental
Shelf (as defined in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a))); or
``(B) the transportation of merchandise or personnel
to or from a point in the United States from or to a
mobile offshore drilling unit located over the outer
Continental Shelf that is not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in paragraph
(1) authorizes the employment in the coastwise trade of a vessel
that does not meet the requirements of section 12112 of this
title.''.
(2) Section 12139(a) is amended by striking ``and
charterers'' and inserting ``charterers, and mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking ``organizations.'' in paragraph (3)
and inserting ``organizations; and''; and
(C) by adding at the end the following:
[[Page 122 STAT. 601]]
``(4) on any other vessel considered by the Secretary to be
necessary or appropriate or in the national interest.''.
(4) Section 55105(b)(3) is amended by striking ``Secretary
of the department in which the Coast Guard is operating'' and
inserting ``Secretary of Homeland Security''.
(5) Section 70306(a) is amended by striking ``Not later than
February 28 of each year, the Secretary shall submit a report''
and inserting ``The Secretary shall submit an annual report''.
(6) Section 70502(d)(2) is amended to read as follows:
``(2) Response to claim
of <<NOTE: Certification.>> registry.--The response of a foreign
nation to a claim of registry under paragraph (1)(A) or (C) may
be made by radio, telephone, or similar oral or electronic
means, and is proved conclusively by certification of the
Secretary of State or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307, 308, 310,
901(q), and 902(o) of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241) <<NOTE: 46 USC 12111, 12139, 51307, 55105,
70306, 70502.>> are repealed.
SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.
(a) Updating of Cross References.--Section 1017(b)(2) of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364, 10 U.S.C. 2631 note) is amended by striking ``section 27 of
the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title
46, United States Code, and section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802)'' and inserting ``sections 12112, 50501, and 55102 of
title 46, United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An individual who,
for the 5-year period following graduation from the Academy,
serves as a commissioned officer on active duty in an armed
force of the United States or as a commissioned officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service shall be excused from the requirements of
paragraphs (3) through (5) of subsection (a).
``(2) Modification or waiver.--The Secretary may modify or
waive any of the terms and conditions set forth in subsection
(a) through the imposition of alternative service
requirements.''.
(2) Application.--Section <<NOTE: 46 USC 51306
note.>> 51306(e) of title 46, United States Code, as added by
paragraph (1), applies only to an individual who enrolls as a
cadet at the United States Merchant Marine Academy, and signs an
agreement under section 51306(a) of title 46, after October 17,
2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United States
Code, is further amended by adding at the end the following:
``(f) Service Obligation Performance Reporting Requirement.--
``(1) In general.--Subject to any otherwise applicable
restrictions on disclosure in section 552a of title 5, the
Secretary of Defense, the Secretary of the department in which
the Coast Guard is operating, the Administrator of the National
Oceanic
[[Page 122 STAT. 602]]
and Atmospheric Administration, and the Surgeon General of the
Public Health Service--
``(A) <<NOTE: Reports.>> shall report the status of
obligated service of an individual graduate of the
Academy upon request of the Secretary; and
``(B) may, in their discretion, notify the Secretary
of any failure of the graduate to perform the graduate's
duties, either on active duty or in the Ready Reserve
component of their respective service, or as a
commissioned officer of the National Oceanic and
Atmospheric Administration or the Public Health Service,
respectively.
``(2) Information to be provided.--A report or notice under
paragraph (1) shall identify any graduate determined to have
failed to comply with service obligation requirements and
provide all required information as to why such graduate failed
to comply.
``(3) Considered as in default.--Upon receipt of such a
report or notice, such graduate may be considered to be in
default of the graduate's service obligations by the Secretary,
and subject to all remedies the Secretary may have with respect
to such a default.''.
(2) Application.--Section <<NOTE: 46 USC 57306
note.>> 51306(f) of title 46, United States Code, as added by
paragraph (1), does not apply with respect to an agreement
entered into under section 51306(a) of title 46, United States
Code, before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United States
Code, is amended--
(1) by striking ``Midshipman and'' in the subsection heading
and ``midshipman and'' in the text; and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United States
Code, is amended by striking ``under this chapter'' and inserting ``by
this chapter or the Secretary of Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46, United
States Code, is amended by striking ``section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802),'' and inserting ``section 50501 of this
title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506, 3508, and
3510(a) and (b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364) <<NOTE: 46 USC 51306 and note,
51509, 51908, 53909 and note.>> are repealed.
SEC. 3527. MISCELLANEOUS AMENDMENTS.
(a) Deletion of Obsolete Reference to Canton Island.--Section
55101(b) of title 46, United States Code, is amended--
(1) by inserting ``or'' after the semicolon at the end of
paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Improvement of Heading.--Title 46, United States Code, is
amended as follows:
(1) The heading of section 55110 is amended by inserting
``valueless material or'' before ``dredged material''.
(2) The item for section 55110 in the analysis for chapter
551 is amended by inserting ``valueless material or'' before
``dredged material''.
[[Page 122 STAT. 603]]
SEC. 3528. <<NOTE: 46 USC 53511 note.>> APPLICATION OF SUNSET PROVISION
TO CODIFIED PROVISION.
For purposes of section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27, 26 U.S.C. 1 note), the
amendment made by section 301(a)(2)(E) of that Act shall be deemed to
have been made to section 53511(f)(2) of title 46, United States Code.
SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.
(a) Amendments to Title 46.--Title 46, United States Code, is
amended as follows:
(1) The analysis for chapter 21 is amended by striking the
item relating to section 2108.
(2) Section 12113(g) is amended by inserting ``and'' after
``Conservation''.
(3) Section 12131 is amended by striking ``commmand'' and
inserting ``command''.
(b) Amendments to Public Law 109-304.--
(1) Amendments.--Public Law 109-304 is amended as follows:
(A) Section 15(10) <<NOTE: 46 USC 3205.>> is amended
by striking ``46 App. U.S.C.'' and inserting ``46 U.S.C.
App.''.
(B) Section 15(30) <<NOTE: 46 USC 31325.>> is
amended by striking ``Shipping Act, 1936'' and inserting
``Shipping Act, 1916''.
(C) The schedule of Statutes at Large repealed in
section 19, as it relates to the Act of June 29,
1936, <<NOTE: 46 USC note prec. 101.>> is amended by--
(i) striking the second section ``1111''
(relating to 46 U.S.C. App. 1279f) and inserting
section ``1113''; and
(ii) striking the second section ``1112''
(relating to 46 U.S.C. App. 1279g) and inserting
section ``1114''.
(2) Effective <<NOTE: 46 USC 3205 note.>> date.--The
amendments made by paragraph (1) shall be effective as if
included in the enactment of Public Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A) through
(D)(i), and 16(c)(2) of Public Law 109-304 <<NOTE: 26 USC 9504;
46 USC 6101, 70117, 7011B, 70120, 70121.>> are repealed.
(2) Intended effect.--The <<NOTE: 26 USC 9504
note.>> provisions repealed by paragraph (1) shall be treated as
if never enacted.
[[Page 122 STAT. 604]]
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended by
inserting ``and section 252 of the Immigration and Nationality Act (8
U.S.C. 1282)'' after ``of such section''.
Approved January 28, 2008.
LEGISLATIVE HISTORY--H.R. 4986:
---------------------------------------------------------------------------
Vol. 154 (2008):
Jan. 16, considered and passed
House.
Jan. 22, considered and passed
Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Jan. 28, Presidential statement.
<all>