The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008” mentioning the Department of Interior was published in the Senate section on pages S12562-S12691 on Oct. 3, 2007.
The publication is reproduced in full below:
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
On Monday, October 1, 2007, the Senate passed H.R. 1585, as amended, as follows:
H.R. 1585
Resolved, That the bill from the House of Representatives
(H.R. 1585) entitled ``An Act to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.'', do pass with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2008''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(4) Division D--Veteran Small Businesses.
(5) Division E--Maritime Administration.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle upgrades.
Sec. 113. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter
Information Network-Tactical program into single Army tactical network program.
Sec. 115. General Fund Enterprise Business System.
Subtitle C--Navy Programs
Sec. 131. Multiyear procurement authority for Virginia class submarine program.
Sec. 132. Littoral Combat Ship (LCS) program.
Sec. 133. Advanced procurement for Virginia class submarine program.
Subtitle D--Air Force Programs
Sec. 141. Limitation on retirement of C-130E/H tactical airlift aircraft.
Sec. 142. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 143. Sense of Congress on the procurement program for the KC-X tanker aircraft.
Sec. 144. Transfer to Government of Iraq of three C-130E tactical airlift aircraft.
Sec. 145. Modification of limitations on retirement of B-52 bomber aircraft.
Sec. 146. Sense of Congress on the Air Force strategy for the replacement of the aerial refueling tanker aircraft fleet.
Sec. 147. Sense of Congress on rapid fielding of Associate Intermodal
Platform system and other innovative logistics systems.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Advanced Sensor Applications Program.
Sec. 212. Active protection systems.
Sec. 213. Obligation and expenditure of funds for competitive procurement of propulsion system for the Joint Strike
Fighter.
Sec. 214. Gulf War illnesses research.
Subtitle C--Missile Defense Programs
Sec. 231. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in
Europe.
Sec. 232. Limitation on availability of funds for deployment of missile defense interceptors in Alaska.
Sec. 233. Budget and acquisition requirements for Missile Defense
Agency activities.
Sec. 234. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities.
Sec. 235. Extension of Comptroller General assessments of ballistic missile defense programs.
Subtitle D--Other Matters
Sec. 251. Modification of notice and wait requirement for obligation of funds for foreign comparative test program.
Sec. 252. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
Sec. 254. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with similar Federal programs.
Sec. 255. Enhancement of defense nanotechnology research and development program.
Sec. 256. Comptroller General assessment of the Defense Experimental
Program to Stimulate Competitive Research.
Sec. 257. Study and report on standard soldier patient tracking system.
Sec. 258. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
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.
Subtitle C--Program Requirements, Restrictions, and Limitations
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network. Sec. 322. Extension of temporary authority for contract performance of security guard functions.
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.
Sec. 324. Individual body armor.
Subtitle D--Workplace and Depot Issues
Sec. 341. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.
Sec. 343. Reports on National Guard readiness for domestic emergencies.
Sec. 344. Sense of Senate on the Air Force Logistics Centers.
Subtitle E--Other Matters
Sec. 351. Enhancement of corrosion control and prevention functions within Department of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal agencies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully obtained property of the Armed Forces.
Sec. 355. Authority to impose reasonable conditions on the payment of full replacement value for claims related to personal property transported at Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in connection with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on the readiness of Army and Marine Corps ground forces.
Sec. 358. Authority for Department of Defense to provide support for certain sporting events.
Sec. 359. Department of Defense Inspector General report on physical security of Department of Defense installations.
Sec. 360. Continuity of depot operations to reset combat equipment and vehicles in support of wars in Iraq and Afghanistan.
Sec. 361. Report on search and rescue capabilities of Air Force in northwestern United States.
Sec. 362. Report on High-Altitude Aviation Training Site, Colorado.
Sec. 363. Sense of Congress on future use of synthetic fuels in military systems.
Sec. 364. Reports on safety measures and encroachment issues at Warren
Grove Gunnery Range, New Jersey.
Sec. 365. Modification to public-private competition requirements before conversion to contractor performance.
Sec. 366. Bid Protests by Federal Employees in actions under Office of
Management Budget Circular A-76.
Sec. 367. Public-private competition required before conversion to contractor performance.
Sec. 368. Performance of certain work by Federal Government employees.
Sec. 369. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 370. Public-private competition at end of period specified in performance agreement not required.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 416. Revision of authorized variances in end strengths for
Selected Reserve personnel.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active duty in the grade of major to meet force structure requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active duty in grades of lieutenant commander, commander, and captain to meet force structure requirements.
Sec. 503. Expansion of exclusion of military permanent professors from strength limitations for officers below general and flag grades.
Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties.
Sec. 506. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 507. Expansion of authority for reenlistment of officers in their former enlisted grade.
Sec. 508. Enhanced authority for reserve general and flag officers to serve on active duty.
Sec. 509. Promotion of career military professors of the Navy.
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in authorized daily average of number of members in pay grade E-9.
Subtitle C--Reserve Component Management
Sec. 531. Revised designation, structure, and functions of the Reserve
Forces Policy Board.
Sec. 532. Charter for the National Guard Bureau.
Sec. 533. Appointment, grade, duties, and retirement of the Chief of the National Guard Bureau.
Sec. 534. Mandatory separation for years of service of Reserve officers in the grade of lieutenant general or vice admiral.
Sec. 535. Increase in period of temporary Federal recognition as officers of the National Guard from six to twelve months.
Sec. 536. Satisfaction of professional licensure and certification requirements by members of the National Guard and Reserve on active duty.
Subtitle D--Education and Training
Sec. 551. Grade and service credit of commissioned officers in uniformed medical accession programs.
Sec. 552. Expansion of number of academies supportable in any State under STARBASE program.
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased increase in cadet strength limit at the United States
Military Academy.
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools,
Southold, New York, as single institution for purposes of maintaining a Junior Reserve Officers' Training Corps unit.
Sec. 555. Authority of the Air University to confer additional academic degrees.
Sec. 556. Nurse matters.
Sec. 557. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance program.
Subtitle E--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure changes, relocation of military units, or base closures and realignments.
Sec. 564. Authority for payment of private boarding school tuition for military dependents in overseas areas not served by
Department of Defense dependents' schools.
Sec. 565. Heavily impacted local educational agencies.
Sec. 566. Emergency assistance for local educational agencies enrolling military dependent children.
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 571. Authority of judges of the United States Court of Appeals for the Armed Forces to administer oaths.
Sec. 572. Military legal assistance for Department of Defense civilian employees in areas without access to non-military legal assistance.
Sec. 573. Modification of authorities on senior members of the Judge
Advocate Generals' corps.
Subtitle G--Military Family Readiness
Sec. 581. Department of Defense Military Family Readiness Council.
Sec. 582. Department of Defense policy and plans for military family readiness.
Sec. 583. Family support for families of members of the Armed Forces undergoing deployment, including National Guard and
Reserve personnel.
Sec. 584. Support services for children, infants, and toddlers of members of the Armed Forces undergoing deployment, including National Guard and Reserve personnel.
Sec. 585. Study on improving support services for children, infants, and toddlers of members of the Active and Reserve
Components undergoing deployment.
Sec. 586. Study on establishment of pilot program on family-to-family support for families of deployed members of the Active and Reserve Components.
Sec. 587. Pilot program on military family readiness and servicemember reintegration.
Subtitle H--Other Matters
Sec. 591. Enhancement of carryover of accumulated leave for members of the Armed Forces.
Sec. 592. Uniform policy on performances by military bands. Sec. 593. Waiver of time limitations on award of Medals of Honor to certain members of the Army.
Sec. 594. Enhancement of rest and recuperation leave.
Sec. 595. Demonstration projects on the provision of services to military dependent children with autism.
Sec. 596. Enhancement of Certificate of Release or Discharge from
Active Duty.
Sec. 597. Administrative separations of members of the Armed Forces for personality disorder.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Allowance for participation of Reserves in electronic screening.
Sec. 603. Midmonth payment of basic pay for contributions of members participating in Thrift Savings Plan.
Sec. 604. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 605. 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.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers of the Armed Forces.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Enhancement of hardship duty pay.
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed ship in sea duty for career sea pay.
Sec. 619. Modification of reenlistment bonus for members of the
Selected Reserve.
Sec. 620. Increase in years of commissioned service covered by agreements for nuclear-qualified officers extending periods of active duty.
Sec. 621. Authority to waive 25-year active duty limit for retention bonus for critical military skills with respect to certain members.
Sec. 622. Codification and improvement of authority to pay bonus to encourage members of the Army to refer other persons for enlistment in the Army.
Sec. 623. Authority to pay bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.
Sec. 624. Accession bonus for participants in Armed Forces Health
Professions Scholarship and Financial Assistance program.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of expenses of travel to the United States for obstetrical purposes of dependents located in very remote locations outside the United States.
Sec. 642. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 651. Modification of scheme for payment of death gratuity payable with respect to members of the Armed Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children under Survivor Benefit Plan.
Sec. 653. Expansion of combat-related special compensation eligibility for chapter 61 military retirees.
Sec. 654. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over
30 years of service.
Sec. 655. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active duty for significant periods.
Sec. 656. Additional individuals eligible for transportation for survivors of deceased members to attend the member's burial ceremonies.
Sec. 657. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 658. Repeal of requirement of reduction of Survivor Benefit Plan survivor annuities by dependency and indemnity compensation.
Sec. 659. Effective date of paid-up coverage under Survivor Benefit
Plan.
Sec. 660. 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. 661. Computation of years of service for purposes of retired pay for non-regular service.
Subtitle E--Education Benefits
Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment program.
Sec. 673. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 674. Enhancement of education benefits for certain members of reserve components.
Sec. 675. Extension of period of entitlement to educational assistance for certain members of the Selected Reserve affected by force shaping initiatives.
Sec. 676. Modification of time limit for use of entitlement to educational assistance for reserve component members supporting contingency operations and other operations.
Subtitle F--Other Matters
Sec. 681. Enhancement of authorities on income replacement payments for
Reserves experiencing extended and frequent mobilization for active-duty service.
Sec. 682. Overseas naturalization of military family members.
Sec. 683. National Guard yellow ribbon reintegration program.
Sec. 684. Flexibility in paying annuities to certain Federal retirees who return to work.
Sec. 685. Plan for participation of members of the National Guard and the Reserves in the benefits delivery at discharge program.
Sec. 686. 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
Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and
TRICARE Extra.
Sec. 703. Report on patient satisfaction surveys.
Sec. 704. Review of licensed mental health counselors, social workers, and marriage and family therapists under the TRICARE program.
Sec. 705. Sense of Senate on collaborations between the Department of
Defense and the Department of Veterans Affairs on health care for wounded warriors.
Sec. 706. Authority for expansion of persons eligible for continued health benefits coverage.
Sec. 707. Continuation of eligibility for TRICARE Standard coverage for certain members of the Selected Reserve.
Sec. 708. Authority for special reimbursement rates for mental health care services under the TRICARE program.
Sec. 709. Implementation of recommendations of Department of Defense
Mental Health Task Force.
Sec. 710. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Military Eye Injuries.
Sec. 711. Report on establishment of a scholarship program for civilian mental health professionals.
Sec. 712. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 713. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.
Sec. 714. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.
Sec. 715. Sense of Congress on fees and adjustments under the TRICARE program.
Sec. 716. Continuation of transitional health benefits for members of the Armed Forces pending resolution of service-related medical conditions.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Substantial savings under multiyear contracts.
Sec. 802. Changes to Milestone B certifications.
Sec. 803. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.
Sec. 804. Investment strategy for major defense acquisition programs.
Sec. 805. Report on implementation of recommendations on total ownership cost for major weapon systems.
Subtitle B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
Sec. 821. Enhanced competition requirements for task and delivery order contracts.
Sec. 822. Clarification of rules regarding the procurement of commercial items. Sec. 823. Clarification of rules regarding the procurement of commercial services.
Sec. 824. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 825. Five-year extension of authority to carry out certain prototype projects.
Sec. 826. Multiyear procurement authority for electricity from renewable energy sources.
Sec. 827. Procurement of fire resistant rayon fiber for the production of uniforms from foreign sources.
Sec. 828. Prohibition on use of earmarks to award no bid contracts and noncompetitive grants.
Subtitle C--Acquisition Policy and Management
Sec. 841. Joint Requirements Oversight Council.
Sec. 842. Management structure for the procurement of contract services.
Sec. 843. Specification of amounts requested for procurement of contract services.
Sec. 844. Department of Defense Acquisition Workforce Development Fund.
Sec. 845. Inventories and reviews of contracts for services based on cost or time of performance.
Sec. 846. Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies.
Sec. 847. Independent management reviews of contracts for services.
Sec. 848. Implementation and enforcement of requirements applicable to undefinitized contractual actions.
Subtitle D--Department of Defense Contractor Matters
Sec. 861. Protection for contractor employees from reprisal for disclosure of certain information.
Sec. 862. Requirements for defense contractors relating to certain former Department of Defense officials.
Sec. 863. Report on contractor ethics programs of major defense contractors.
Sec. 864. Report on Department of Defense contracting with contractors or subcontractors employing members of the Selected
Reserve.
Sec. 865. Contingency contracting training for personnel outside the acquisition workforce.
Subtitle E--Other Matters
Sec. 871. Contractors performing private security functions in areas of combat operations.
Sec. 872. Enhanced authority to acquire products and services produced in Iraq and Afghanistan.
Sec. 873. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.
Sec. 874. Enhancement and extension of acquisition authority for the unified combatant command for joint warfighting experimentation.
Sec. 875. Repeal of requirement for identification of essential military items and military system essential item breakout list.
Sec. 876. Green procurement policy.
Sec. 877. GAO review of use of authority under the Defense Production
Act of 1950.
Sec. 878. Transparency and accountability in military and security contracting.
Sec. 879. Moab site and Crescent Junction site, Utah.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel.
Sec. 902. Chief management officers of the Department of Defense.
Sec. 903. Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 904. Department of Defense Board of Actuaries.
Sec. 905. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff and Assistant Chiefs of Staff.
Sec. 907. Sense of Congress on term of office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Matters
Sec. 921. Space posture review.
Sec. 922. Additional report on oversight of acquisition for defense space programs.
Subtitle C--Other Matters
Sec. 931. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.
Sec. 932. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 933. United States Military Cancer Institute.
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.
Sec. 935. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere
Institute for Security Cooperation.
Sec. 936. Comptroller General assessment of proposed reorganization of the office of the Under Secretary of Defense for Policy.
Sec. 937. Physicians and health care professionals comparability allowances.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental appropriations for fiscal year 2007.
Sec. 1003. Modification of fiscal year 2007 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2008.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1007. Extension of period for transfer of funds to Foreign
Currency Fluctuations, Defense account.
Sec. 1008. Report on funding of the Department of Defense for health care for any fiscal year in which the Armed Forces are engaged in a major military conflict.
Subtitle B--Counter-Drug Activities
Sec. 1011. Expansion of Department of Defense authority to provide support for counter-drug activities to certain additional foreign governments.
Sec. 1012. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle C--Miscellaneous Authorities and Limitations
Sec. 1021. Enhancement of authority to pay rewards for assistance in combating terrorism.
Sec. 1022. Repeal of modification of authorities relating to the use of the Armed Forces in major public emergencies.
Sec. 1023. Hate crimes.
Sec. 1024. Comprehensive study and support for criminal investigations and prosecutions by state and local law enforcement officials.
Sec. 1025. Gift acceptance authority.
Sec. 1026. Expansion of cooperative agreement authority for management of cultural resources.
Sec. 1027. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.
Sec. 1028. Provision of Air Force support and services to foreign military and state aircraft.
Sec. 1029. Participation in Strategic Airlift Capability Partnership.
Sec. 1030. Responsibility of the Air Force for fixed-wing support of
Army intra-theater logistics.
Sec. 1031. Prohibition on sale of parts for F-14 fighter aircraft.
Sec. 1032. Provision of contact information on separating members of the Armed Forces to State veterans agencies.
Sec. 1033. Provisions relating to the removal of missiles from the
564th Missile Squadron.
Subtitle D--Reports
Sec. 1041. Renewal of submittal of plans for prompt global strike capability.
Sec. 1042. Report on threats to the United States from ungoverned areas.
Sec. 1043. Study on national security interagency system.
Sec. 1044. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 1045. Report on workforce required to support the nuclear missions of the Navy and the Department of Energy.
Sec. 1046. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1047. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 1048. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 1049. Report on size and mix of Air Force intertheater airlift force.
Sec. 1050. Report and master infrastructure recapitalization plan regarding Cheyenne Mountain Air Station, Colorado.
Subtitle E--Other Matters
Sec. 1061. Revised nuclear posture review.
Sec. 1062. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1063. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1064. Security clearances; limitations.
Sec. 1065. Improvements in the process for the issuance of security clearances.
Sec. 1066. Advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.
Sec. 1067. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1068. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 1069. Establishment of National Foreign Language Coordination
Council. Sec. 1070. Qualifications for public aircraft status of aircraft under contract with the Armed Forces.
Sec. 1071. Traumatic Servicemembers' Group Life Insurance.
Sec. 1072. Sense of Congress on family care plans and the deployment of members of the Armed Forces who have minor dependents.
Sec. 1073. Conduct by members of the Armed Forces and veterans out of uniform during hoisting, lowering, or passing of flag.
Sec. 1074. Extension of date of application of national security personnel system to defense laboratories.
Sec. 1075. Protection of certain individuals.
Sec. 1076. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack.
Sec. 1077. Sense of Senate on Project Compassion.
Sec. 1078. Grant of Federal charter to Korean War Veterans Association,
Incorporated.
Sec. 1079. Sense of Senate on General David Petraeus.
Sec. 1080. Report on feasibility of housing a National Disaster
Response Center at Kelly Air Field, San Antonio, Texas.
Sec. 1081. Sense of Congress on equipment for the National Guard to defend the homeland.
Sec. 1082. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water contamination.
Sec. 1083. Sense of Senate on Air Force use of towbarless aircraft ground equipment.
Sec. 1084. Designation of Charlie Norwood Department of Veterans
Affairs Medical Center.
Sec. 1085. Commercialization Pilot Program.
Sec. 1086. Report on solid rocket motor industrial base.
Sec. 1087. Justice for Marines and Other Victims of State-Sponsored
Terrorism Act.
Sec. 1088. Small high-tech firms.
Sec. 1089. Increased authority for repair, restoration, and preservation of Lafayette Escadrille Memorial, Marnes-la-
Coquette, France.
Sec. 1090. Retention of reimbursement for provision of reciprocal fire protection services.
Sec. 1091. National Center for Human Performance.
Sec. 1092. Definition of alternative fueled vehicle.
Sec. 1093. Programs for use of leave by caregivers for family members of individuals performing certain military service.
Sec. 1094. Pilot program on commercial fee-for-service air refueling support for the Air Force.
Sec. 1095. Establishment of Joint Pathology Center.
Sec. 1096. Report on feasibility of establishing a Domestic Military
Aviation National Training Center.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation of Federal wage system employees for certain travel hours.
Sec. 1102. Retirement service credit for service as cadet or midshipman at a military service academy.
Sec. 1103. Continuation of life insurance coverage for Federal employees called to active duty.
Sec. 1104. Department of Defense National Security Personnel System.
Sec. 1105. Authority to waive limitation on premium pay for Federal civilian employees working overseas under areas of United
States Central Command.
Sec. 1106. Authority for inclusion of certain Office of Defense
Research and Engineering positions in experimental personnel program for scientific and technical personnel.
Sec. 1107. Repeal of authority for payment of uniform allowance to civilian employees of the Department of Defense.
Sec. 1108. Authorization for increased compensation for faculty and staff of the Uniformed Services University of the Health
Sciences.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to equip and train foreign personnel to assist in accounting for missing United States personnel.
Sec. 1202. Extension and enhancement of authority for security and stabilization assistance.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1205. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Other Authorities and Limitations
Sec. 1211. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and friendly foreign countries.
Sec. 1212. Extension and expansion of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.
Sec. 1213. Acceptance of funds from the Government of Palau for costs of military Civic Action Teams.
Sec. 1214. Extension of participation of the Department of Defense in multinational military centers of excellence.
Sec. 1215. Limitation on assistance to the Government of Thailand.
Sec. 1216. Presidential report on policy objectives and United States strategy regarding Iran.
Sec. 1217. Limitation on availability of certain funds pending implementation of requirements regarding North Korea.
Sec. 1218. Policy of the United States on protection of the United
States and its allies against Iranian ballistic missiles.
Sec. 1219. Justice for Osama bin Laden and other leaders of al Qaeda.
Subtitle C--Reports
Sec. 1231. Reports on United States policy and military operations in
Afghanistan.
Sec. 1232. Strategy for enhancing security in Afghanistan by eliminating safe havens for violent extremists in
Pakistan.
Sec. 1233. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque.
Sec. 1234. Report on planning and implementation of United States engagement and policy toward Darfur.
Sec. 1235. Report on the airfield in Abeche, Chad, and other resources needed to provide stability in the Darfur region.
Sec. 1236. Inclusion of information on asymmetric capabilities in annual report on military power of the People's Republic of China.
Sec. 1237. Application of the Uniform Code of Military Justice to military contractors during a time of war.
Sec. 1238. Report on family reunions between United States citizens and their relatives in North Korea.
Sec. 1239. Reports on Prevention of Mass Atrocities.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside the former Soviet Union.
Sec. 1304. Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet Union.
Sec. 1305. Repeal of restrictions on assistance to states of the former
Soviet Union for cooperative threat reduction.
Sec. 1306. National Academy of Sciences study of prevention of proliferation of biological weapons.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405A. Additional amount for Drug Interdiction and Counter-Drug
Activities with respect to Afghanistan.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.
Subtitle B--National Defense Stockpile
Sec. 1411. Disposal of ferromanganese.
Sec. 1412. Disposal of chrome metal.
Sec. 1413. Modification of receipt objectives for previously authorized disposals from the national defense stockpile.
Subtitle C--Civil Programs
Sec. 1421. Armed Forces Retirement Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
Subtitle D--Chemical Demilitarization Matters
Sec. 1431. Modification of termination requirement for Chemical
Demilitarization Citizens' Advisory Commissions.
Sec. 1432. Repeal of certain qualifications requirement for director of chemical demilitarization management organization.
Sec. 1433. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 1434. Modification of termination of assistance to State and local governments after completion of the destruction of the
United States chemical weapons stockpile.
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
Sec. 1501. Army procurement.
Sec. 1502. Navy and Marine Corps procurement. Sec. 1503. Air Force procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation.
Sec. 1506. Operation and maintenance.
Sec. 1507. Military personnel.
Sec. 1508. Defense Health Program.
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.
Sec. 1511. Iraq Security Forces Fund.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Iraq Freedom Fund.
Sec. 1514. Defense Working Capital Funds.
Sec. 1515. National Defense Sealift Fund.
Sec. 1516. Defense Inspector General.
Sec. 1517. Reports on mitigation of effects of explosively formed projectiles and mines.
Subtitle B--General Provisions Relating to Authorizations
Sec. 1521. Purpose.
Sec. 1522. Treatment as additional authorizations.
Sec. 1523. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. Limitation on availability of funds for certain purposes relating to Iraq.
Sec. 1532. Reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1533. Logistical support for coalition forces supporting operations in Iraq and Afghanistan.
Sec. 1534. Competition for procurement of small arms supplied to Iraq and Afghanistan.
Sec. 1535. Report on support from Iran for attacks against Coalition
Forces in Iraq.
Sec. 1536. Sense of the Senate on the consequences of a failed state in
Iraq.
Sec. 1537. Sense of Congress on federalism in Iraq.
Sec. 1538. Sense of Senate on Iran.
Sec. 1539. Study and investigation of wartime contracts and contracting processes in Operation Iraqi Freedom and Operation
Enduring Freedom.
Sec. 1540. Modification of authorities related to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1541. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in
Iraq.
Sec. 1542. Special Inspector General for Afghanistan Reconstruction.
Sec. 1543. Improvised explosive device protection for military vehicles.
Sec. 1544. Sense of Congress on the capture of Osama bin Laden and the al Qaeda leadership.
Subtitle D--Iraq Refugee Crisis
Sec. 1571. Short Title.
Sec. 1572. Processing Mechanisms.
Sec. 1573. United States Refugee Program Processing Priorities.
Sec. 1574. Special Immigrant Status for Certain Iraqis.
Sec. 1575. Minister Counselors for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1576. Countries with Significant Populations of Displaced Iraqis.
Sec. 1577. Denial or Termination of Asylum.
Sec. 1578. Reports.
Sec. 1579. Authorization of Appropriations.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Subtitle A--Policy on Care, Management, and Transition of
Servicemembers With Serious Injuries or Illnesses
Sec. 1611. Comprehensive policy on care, management, and transition of members of the Armed Forces with serious injuries or illnesses.
Sec. 1612. Consideration of needs of women members of the Armed Forces and veterans.
Subtitle B--Health Care
Part I--Enhanced Availability of Care for Servicemembers
Sec. 1621. Medical care and other benefits for members and former members of the Armed Forces with severe injuries or illnesses.
Sec. 1622. Reimbursement of certain former members of the uniformed services with service-connected disabilities for travel for follow-on specialty care and related services.
Part II--Care and Services for Dependents
Sec. 1626. Medical care and services and support services for families of members of the Armed Forces recovering from serious injuries or illnesses.
Sec. 1627. Extended benefits under TRICARE for primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty.
Part III--Traumatic Brain Injury and Post-traumatic Stress Disorder
Sec. 1631. Comprehensive plans on prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-
traumatic stress disorder in members of the Armed Forces.
Sec. 1632. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1633. Centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder.
Sec. 1634. Review of mental health services and treatment for female members of the Armed Forces and veterans.
Sec. 1635. Funding for improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder.
Sec. 1636. Reports.
Part IV--Other Matters
Sec. 1641. Joint electronic health record for the Department of Defense and Department of Veterans Affairs.
Sec. 1642. Enhanced personnel authorities for the Department of Defense for health care professionals for care and treatment of wounded and injured members of the Armed Forces.
Sec. 1643. Personnel shortages in the mental health workforce of the
Department of Defense, including personnel in the mental health workforce.
Subtitle C--Disability Matters
Part I--Disability Evaluations
Sec. 1651. Utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.
Sec. 1652. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed Forces.
Sec. 1653. Review of separation of members of the Armed Forces separated from service with a disability rating of 20 percent disabled or less.
Sec. 1654. Pilot programs on revised and improved disability evaluation system for members of the Armed Forces.
Sec. 1655. Reports on Army action plan in response to deficiencies in the Army Physical Disability Evaluation System.
Part II--Other Disability Matters
Sec. 1661. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1662. Electronic transfer from the Department of Defense to the
Department of Veterans Affairs of documents supporting eligibility for benefits.
Sec. 1663. Assessments of temporary disability retired list.
Subtitle D--Improvement of Facilities Housing Patients
Sec. 1671. Standards for military medical treatment facilities, specialty medical care facilities, and military quarters housing patients.
Sec. 1672. Reports on Army action plan in response to deficiencies identified at Walter Reed Army Medical Center.
Sec. 1673. Construction of facilities required for the closure of
Walter Reed Army Medical Center, District of Columbia.
Subtitle E--Outreach and Related Information on Benefits
Sec. 1681. Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses.
Subtitle F--Other Matters
Sec. 1691. Study on physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom and Operation
Enduring Freedom and their families.
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 severe traumatic brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with traumatic brain injury.
Sec. 1706. Research on traumatic brain injury.
Sec. 1707. Age-appropriate nursing home care.
Sec. 1708. Extension of period of eligibility for health care for combat service in the Persian Gulf war or future hostilities.
Sec. 1709. Mental health: service-connection status and evaluations for certain veterans.
Sec. 1710. Modification of requirements for furnishing outpatient dental services to veterans with a service-connected dental condition or disability. Sec. 1711. Demonstration program on preventing veterans at-risk of homelessness from becoming homeless.
Sec. 1712. Clarification of purpose of the outreach services program of the Department of Veterans Affairs.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Sec. 1802. Expanded authority of Chief of the National Guard Bureau and expanded functions of the National Guard Bureau.
Sec. 1803. Promotion of eligible reserve officers to lieutenant general and vice admiral grades on the active-duty list.
Sec. 1804. Promotion of reserve officers to lieutenant general grade.
Sec. 1805. Requirement that position of Deputy Commander of the United
States northern command be filled by a qualified National
Guard officer.
Sec. 1806. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events.
Sec. 1807. Additional reporting requirements relating to National Guard equipment.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for which funds were not appropriated.
Sec. 2106. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2005 project.
Sec. 2108. Technical amendments to the Military Construction
Authorization Act for 2007.
Sec. 2109. Ground lease, SOUTHCOM Headquarters Facility, Miami-Doral,
Florida.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 2007 Defense Agencies projects.
Sec. 2405. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2406. Munitions demilitarization facilities, Blue Grass Army
Depot, Kentucky, and Pueblo Chemical Activity, Colorado.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2611. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of
Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of
Defense Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
Sec. 2801. Effective Date.
Sec. 2802. Expiration of authorizations and amounts required to be specified by law.
Subtitle B--Military Construction Program and Military Family Housing
Changes
Sec. 2811. General military construction transfer authority.
Sec. 2812. Modifications of authority to lease military family housing.
Sec. 2813. Increase in thresholds for unspecified minor military construction projects.
Sec. 2814. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2815. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.
Sec. 2816. Two-year extension of temporary program to use minor military construction authority for construction of child development centers.
Sec. 2817. Extension of authority to accept equalization payments for facility exchanges.
Sec. 2818. Clarification of requirement for authorization of military construction.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Requirement to report transactions resulting in annual costs of more than $750,000.
Sec. 2832. Modification of authority to lease non-excess property.
Sec. 2833. Enhanced flexibility to create or expand buffer zones.
Sec. 2834. Reports on Army and Marine Corps operational ranges.
Sec. 2835. Consolidation of real property provisions without substantive change.
Subtitle D--Base Closure and Realignment
Sec. 2841. Niagara Air Reserve Base, New York, basing report.
Sec. 2842. Comprehensive accounting of funding required to ensure timely implementation of 2005 Defense Base Closure and
Realignment Commission recommendations.
Sec. 2843. Authority to relocate the Joint Spectrum Center to Fort
Meade, Maryland.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2853. Transfer of administrative jurisdiction, GSA property,
Springfield, Virginia.
Sec. 2854. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2855. Land exchange, Detroit, Michigan.
Sec. 2856. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2857. Modification of lease of property, National Flight Academy at the National Museum of Naval Aviation, Naval Air
Station, Pensacola, Florida.
Subtitle F--Other Matters
Sec. 2861. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2862. Modification of land management restrictions applicable to
Utah national defense lands.
Sec. 2863. Additional project in Rhode Island. Sec. 2864. Sense of Congress on Department of Defense actions to address encroachment of military installations.
Sec. 2865. Report on water conservation projects.
Sec. 2866. Report on housing privatization initiatives.
Sec. 2867. Report on the Pinon Canyon Maneuver Site, Colorado.
Sec. 2868. Repeal of moratorium on improvements at Fort Buchanan,
Puerto Rico.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2901. Authorized war-related Army construction and land acquisition projects.
Sec. 2902. Authorization of war-related military construction appropriations, Army.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3113. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Subtitle C--Other Matters
Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear non-proliferation policy of the United States and the Reliable Replacement Warhead program.
Sec. 3123. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War.
Sec. 3124. Comptroller General report on Department of Energy protective force management.
Sec. 3125. Technical amendments.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Findings.
Sec. 3133. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3134. Minimum security standard for nuclear weapons and formula quantities of strategic special nuclear material.
Sec. 3135. Annual report.
Sec. 3136. Modification of reporting requirement.
Sec. 3137. Modification of sunset date of the Office of the Ombudsman of the Energy Employees Occupational Illness Compensation
Program.
Sec. 3138. Evaluation of National Nuclear Security Administration strategic plan for advanced computing.
Sec. 3139. Agreements and reports on nuclear forensics capabilities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
DIVISION D--VETERAN SMALL BUSINESSES
Sec. 4001. Short title.
Sec. 4002. Definitions.
TITLE XLI--VETERANS BUSINESS DEVELOPMENT
Sec. 4101. Increased funding for the Office of Veterans Business
Development.
Sec. 4102. Interagency task force.
Sec. 4103. Permanent extension of SBA Advisory Committee on veterans business affairs.
TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. National guard and reserve business assistance.
TITLE XLIII--RESERVIST PROGRAMS
Sec. 4301. Reservist programs.
Sec. 4302. Reservist loans.
Sec. 4303. Noncollateralized loans.
Sec. 4304. Loan priority.
Sec. 4305. Relief from time limitations for veteran-owned small businesses.
Sec. 4306. Service-disabled veterans.
Sec. 4307. Study on options for promoting positive working relations between employers and their Reserve component employees.
DIVISION E--MARITIME ADMINISTRATION
Sec. 5001. Short title.
TITLE LI--GENERAL
Sec. 5101. Commercial vessel chartering authority.
Sec. 5102. Maritime Administration vessel chartering authority.
Sec. 5103. Chartering to state and local governmental instrumentalities.
Sec. 5104. Disposal of obsolete government vessels.
Sec. 5105. Vessel transfer authority.
Sec. 5106. Sea trials for ready reserve force.
Sec. 5107. Review of applications for loans and guarantees.
TITLE LII--TECHNICAL CORRECTIONS
Sec. 5201. Statutory construction.
Sec. 5202. Personal injury to or death of seamen.
Sec. 5203. Amendments to chapter 537 based on Public Law 109-163.
Sec. 5204. Additional amendments based on Public Law 109-163.
Sec. 5205. Amendments based on Public Law 109-171.
Sec. 5206. Amendments based on Public Law 109-241.
Sec. 5207. Amendments based on Public Law 109-364.
Sec. 5208. Miscellaneous amendments.
Sec. 5209. Application of sunset provision to codified provision.
Sec. 5210. Additional Technical corrections.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $5,229,175,000.
(2) For missiles, $2,178,102,000.
(3) For weapons and tracked combat vehicles,
$7,546,684,000.
(4) For ammunition, $2,228,976,000.
(5) For other procurement, $15,013,155,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $13,475,107,000.
(2) For weapons, including missiles and torpedoes,
$3,078,387,000.
(3) For shipbuilding and conversion, $13,605,638,000.
(4) For other procurement, $5,432,412,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,699,057,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and the Marine Corps in the amount of $926,597,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,593,813,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,166,002,000.
(4) For other procurement, $16,312,962,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of
$3,385,970,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Rapid Acquisition Fund in the amount of
$100,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS
SYSTEM ENHANCEMENT PACKAGE UPGRADES.
The Secretary of the Army, in accordance with section 2306b of title 10, United States Code, may enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M1A2 Abrams System Enhancement Package upgrades.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3
BRADLEY FIGHTING VEHICLE UPGRADES.
The Secretary of the Army, in accordance with section 2306b of title 10, United States Code, may enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M2A3/M3A3 Bradley fighting vehicle upgrades.
SEC. 113. STRYKER MOBILE GUN SYSTEM.
(a) Limitation on Availability of Funds.--None of the amounts authorized to be appropriated by sections 101(3) and 1501(3) for procurement of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker Mobile Gun System until 30 days after the date on which the Secretary of the Army certifies to Congress that the Stryker Mobile Gun System is operationally effective, suitable, and survivable for its anticipated deployment missions.
(b) Waiver.--The Secretary of Defense may waive the limitation in subsection (a) if the Secretary--
(1) determines that further procurement of the Stryker Mobile Gun System utilizing amounts referred to in subsection
(a) is in the national security interest of the United States notwithstanding the inability of the Secretary of the Army to make the certification required by that subsection; and
(2) submits to the Congress, in writing , a notification of the waiver together with a discussion of--
(A) the reasons for the determination described in paragraph (1); and
(B) the actions that will be taken to mitigate any deficiencies that cause the Stryker Mobile Gun System not to be operationally effective, suitable, or survivable, as that case may be, as described in subsection (a).
SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND
WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM
INTO SINGLE ARMY TACTICAL NETWORK PROGRAM.
(a) Consolidation Required.--The Secretary of the Army shall consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program.
(b) Report on Consolidation.--
(1) Report required.--Not later than December 31, 2007, the Secretary shall, with the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Assistant Secretary of Defense for Networks and Information Integration, submit to the congressional defense committees a report setting forth a plan to consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program as required by subsection (a).
(2) Elements.--The report required by paragraph (1) shall include with respect to the acquisition of the single Army tactical network required by subsection (a) the following:
(A) An analysis of how the systems specified in paragraph
(1) will be integrated, including--
(i) an analysis of whether there are opportunities to leverage technologies and equipment from the Warfighter Information Network-Tactical program as part of the continuing development and fielding of the Joint Network Node; and
(ii) an analysis of major technical challenges of integrating the two programs.
(B) A description of the extent to which components of the systems could be used together as elements of a single Army tactical network.
(C) A description of the strategy of the Army for completing the systems engineering necessary to ensure the end-to-end interoperability of a single Army tactical network as described in subsection (a).
(D) An assessment of the costs of acquiring the systems.
(E) An assessment of the technical compatibility of the systems.
(F) A description and assessment of the plans of the Army relating to ownership of the technical data packages for the systems, and an assessment of the capacity of the industrial base to support Army needs.
(G) A description of the plans and schedule of the Army for fielding the systems, and a description of the associated training schedule.
(H) A description of the plans of the Army for sustaining the single Army tactical network.
(I) A description of the plans of the Army for the insertion of new technology into the Joint Network Node.
(J) A description of the major technical challenges of integrating the two programs.
(K) An assessment as to whether other programs should be inserted into the single Army tactical network as required by subsection (a).
(L) An analysis of the interoperability requirements between the Army tactical network and the Joint Network Node, an assessment of the technological barriers to achievement of such interoperability requirements, and a description of formal mechanisms of coordination between the Army tactical network and the Joint Network Node program.
SEC. 115. GENERAL FUND ENTERPRISE BUSINESS SYSTEM.
(a) Additional Amount.--
(1) In general.--The amount authorized to be appropriated by section 201(1) for research, development, test and evaluation for the Army is hereby increased by $59,041,000.
(2) Availability.--Of the amount authorized to be appropriated by section 201(1) for research, development, test and evaluation for the Army, as increased by paragraph
(1), $59,041,000 may be available for the General Fund Enterprise Business System of the Army.
(3) Supplement not supplant.--The amount available under paragraph (2) for the purpose specified in that paragraph is in addition to any other amounts available in this Act for that purpose.
(b) Offset.--
(1) RDTE, army.--The amount authorized to be appropriated by section 101(5) for other procurement for the Army is hereby reduced by $29,219,000, with the amount of the reduction to be allocated to amounts available for the General Fund Enterprise Business System.
(2) O&M, army.--The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby reduced by $29,822,000, with the amount of the reduction to be allocated to amounts available for the General Fund Enterprise Business System.
Subtitle C--Navy Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority.--The Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts, beginning with the fiscal year 2009 program year, for the procurement of Virginia-class submarines and government-furnished equipment.
(b) Limitation.--The Secretary of the Navy may not enter into a contract authorized by subsection (a) until 30 days after the date on which the Secretary submits to the congressional defense committees a certification that the Secretary has made each of the findings with respect to such contract specified in subsection (a) of section 2306b of title 10, United States Code.
SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The plan of the Chief of Naval Operations to recapitalize the United States Navy to at least 313 battle force ships is essential for meeting the long-term requirements of the National Military Strategy.
(2) Fiscal challenges to the plan to build a 313-ship fleet require that the Navy exercise discipline in determining warfighter requirements and responsibility in estimating, budgeting, and controlling costs.
(3) The 55-ship Littoral Combat Ship (LCS) program is central to the shipbuilding plan of the Navy. The inability of the Navy to control requirements and costs on the two lead ships of the Littoral Combat Ship program raises serious concerns regarding the capacity of the Navy to affordably build a 313-ship fleet.
(4) According to information provided to Congress by the Navy, the cost growth in the Littoral Combat Ship program was attributable to several factors, most notably that--
(A) the strategy adopted for the Littoral Combat Ship program, a so-called ``concurrent design-build'' strategy, was a high-risk strategy that did not account for that risk in the cost and schedule for the lead ships in the program;
(B) inadequate emphasis was placed on ``bid realism'' in the evaluation of contract proposals under the program;
(C) late incorporation of Naval Vessel Rules into the program caused significant design delays and cost growth;
(D) the Earned Value Management System of the contractor under the program did not adequately measure shipyard performance, and the Navy program organizations did not independently assess cost performance;
(E) the Littoral Combat Ship program organization was understaffed and lacking in the experience and qualifications required for a major defense acquisition program;
(F) the Littoral Combat Ship program organization was aware of the increasing costs of the Littoral Combat Ship program, but did not communicate those cost increases directly to the Assistant Secretary of the Navy in a time manner; and
(G) the relationship between the Naval Sea Systems Command and the program executive offices for the program was dysfunctional.
(b) Requirement.--In order to halt further cost growth in the Littoral Combat Ship program, costs and government liability under future contracts under the Littoral Combat Ship program shall be limited as follows:
(1) Limitation of costs.--The total amount obligated or expended for the procurement costs of the fifth and sixth vessels in the Littoral Combat Ship (LCS) class of vessels shall not exceed $460,000,000 per vessel.
(2) Procurement costs.--For purposes of paragraph (1), 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.
(3) Contract type.--The Navy shall employ a fixed-price type contract for construction of the fifth and following ships of the Littoral Combat Ship class of vessels.
(4) Limitation of government liability.--The Navy shall not enter into a contract, or modify a contract, for construction of the fifth or sixth vessel of the Littoral Combat Ship class of 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.
(5) Adjustment of limitation amount.--The Secretary of the Navy may adjust the amount set forth in paragraphs (1) and
(4) for either vessel referred to in such paragraph by the following:
(A) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2007.
(B) The amounts of outfitting costs and costs required to complete post-delivery test and trials.
(c) Repeal of Superseded Authority.--Section 124 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3157) is repealed.
SEC. 133. ADVANCED PROCUREMENT FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
Of the amount authorized to be appropriated by section 102(a)(3) for shipbuilding and conversion for the Navy,
$1,172,710,000 may be available for advanced procurement for the Virginia class submarine program, of which--
(1) $400,000,000 may be available for the procurement of a second ship set of reactor components; and
(2) $70,000,000 may be available for advanced procurement of non-nuclear long lead time material in order to support a reduced construction span for the boats in the next multiyear procurement program.
Subtitle D--Air Force Programs
SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL
AIRLIFT AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not retire C-130E/H tactical airlift aircraft during fiscal year 2008.
(b) Maintenance of Certain Retired Aircraft.--The Secretary of the Air Force shall maintain each C-130E/H tactical airlift aircraft retired during fiscal year 2007 in a condition that will permit recall of such aircraft to future service.
SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL
REFUELING AIRCRAFT.
The Secretary of the Air Force shall not retire any KC-135E aerial refueling aircraft of the Air Force in fiscal year 2008 unless the Secretary provides written notification of such retirement to the congressional defense committees in accordance with established procedures.
SEC. 143. SENSE OF CONGRESS ON THE PROCUREMENT PROGRAM FOR
THE KC-X TANKER AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) Aerial refueling is a critically important force multiplier for the Air Force.
(2) The KC-X tanker aircraft procurement program is the number one acquisition and recapitalization priority of the Air Force.
(3) Given the competing budgetary requirements of the other Armed Forces and other sectors of the Federal Government, the Air Force needs to modernize at the most cost effective price.
(4) Competition in defense procurement provides the Armed Forces with the best products at the best price.
(b) Sense of Congress.--It is the sense of Congress that the Air Force should--
(1) hold a full and open competition to choose the best possible joint aerial refueling capability at the most reasonable price; and
(2) be discouraged from taking any actions that would limit the ability of either of the teams seeking the contract for the procurement of KC-X tanker aircraft from competing for that contract.
SEC. 144. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E
TACTICAL AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more than three 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. 145. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52
BOMBER AIRCRAFT.
(a) Maintenance of Primary and Backup Inventory of Aircraft.--Subsection (a)(1) 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 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):
``(C) shall maintain in a common configuration a primary aircraft inventory of not less than 63 such aircraft and a backup aircraft inventory of not less than 11 such aircraft.''.
(b) Notice of Retirement.--Subsection (b)(1) of such section is amended by striking ``45 days'' and inserting ``60 days''.
SEC. 146. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE
REPLACEMENT OF THE AERIAL REFUELING TANKER
AIRCRAFT FLEET.
(a) Findings.--Congress makes the following findings:
(1) A properly executed comprehensive strategy to replace Air Force tankers will allow the United States military to continue to project combat capability anywhere in the world on short notice without relying on intermediate bases for refueling.
(2) With an average age of 45 years, it is estimated that it will take over 30 years to replace the KC-135 aircraft fleet with the funding currently in place.
(3) In addition to the KC-X program of record, which supports the tanker replacement strategy, the Air Force should immediately pursue that part of the tanker replacement strategy that would support, augment, or enhance the Air Force air refueling mission, such as Fee-for-Service support or modifications and upgrades to maintain the viability of the KC-135 aircraft force structure as the Air Force recapitalizes the tanker fleet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the timely modernization of the Air Force aerial refueling tanker fleet is a vital national security priority; and
(2) in furtherance of meeting this priority, the Secretary of the Air Force has initiated, and Congress approves of, a comprehensive strategy for replacing the aerial refueling tanker aircraft fleet, which includes the following elements:
(A) Replacement of the aging tanker aircraft fleet with newer and improved capabilities under the KC-X program of record which supports the tanker replacement strategy, through the purchase of new commercial derivative aircraft.
(B) Sustainment and extension of the legacy tanker aircraft fleet until replacement through depot-type modifications and upgrades of KC-135 aircraft and KC-10 aircraft.
(C) Augmentation of the aerial refueling capability through aerial refueling Fee-for-Service.
SEC. 147. SENSE OF CONGRESS ON RAPID FIELDING OF ASSOCIATE
INTERMODAL PLATFORM SYSTEM AND OTHER INNOVATIVE
LOGISTICS SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) Use of the Associate Intermodal Platform (AIP) pallet system, developed two years ago by the United States Transportation Command, could save the United States as much as $1,300,000 for every 1,000 pallets deployed.
(2) The benefits of the usage of the Associate Intermodal Platform pallet system include the following:
(A) The Associate Intermodal Platform pallet system can be used to transport cargo alone within current International Standard of Organization containers and thereby provide further savings in costs of transportation of cargo.
(B) The Associate Intermodal Platform pallet system has successfully passed rigorous testing by the United States Transportation Command at various military installations in the United States, at a Navy testing lab, and in the field in Iraq, Kuwait, and Antarctica.
(C) By all accounts the Associate Intermodal Platform pallet system has performed well beyond expectations and is ready for immediate production and deployment.
(b) Sense of Congress.--It is the sense of Congress that the Department of Defense should--
(1) rapidly field innovative logistic systems such as the Associated Intermodal Platform pallet system; and
(2) seek to fully procure innovative logistic systems such as the Associate Intermodal Platform pallet system in future budgets.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $11,268,904,000.
(2) For the Navy, $16,296,395,000.
(3) For the Air Force, $25,581,989,000.
(4) For Defense-wide activities, $21,511,739,000, of which
$180,264,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2008.--Of the amounts authorized to be appropriated by section 201, $11,204,784,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology Development Defined.--For purposes of this section, the term ``basic research, applied research, and advanced technology development'' means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds.--Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, and made available for the Foreign Material Acquisition and Exploitation Program and for activities of the Office of Special Technology, an aggregate of $20,000,000 shall be transferred to the Advanced Sensor Applications Program not later than 60 days after the date of the enactment of this Act.
(b) Reassignment of Program.--Beginning not later than 30 days after the date of the enactment of this Act, the Advanced Sensor Applications Program shall be a program of the Defense Threat Reduction Agency, managed by the Director of the Defense Threat Reduction Agency, and shall be executed by the Program Executive Officer for Aviation for the Navy working for the Director of the Defense Threat Reduction Agency.
SEC. 212. ACTIVE PROTECTION SYSTEMS.
(a) Comparative Tests Required.--
(1) In general.--The Secretary of Defense shall undertake comparative tests, including live-fire tests, of appropriate foreign and domestic active protection systems in order--
(A) to determine the effectiveness of such systems; and
(B) to develop information useful in the consideration of the adoption of such systems in defense acquisition programs.
(2) Reports.--Not later than March 1 of each of 2008 and 2009, the Secretary shall submit to the congressional defense committees a report on the results of the tests undertaken under paragraph (1) as of the date of such report.
(b) Comprehensive Assessment Required.--
(1) In general.--The Secretary shall undertake a comprehensive assessment of active protection systems in order to develop information useful in the development of joint active protection systems and other defense programs.
(2) Elements.--The assessment under paragraph (1) shall include--
(A) an identification of the potential merits and operational costs of the use of active protection systems by United States military forces;
(B) a characterization of the threats that use of active protection systems by potential adversaries would pose to United States military forces and weapons;
(C) an identification and assessment of countermeasures to active protection systems;
(D) an analysis of collateral damage potential of active protection systems;
(E) an identification and assessment of emerging direct-fire and top-attack threats to defense systems that could potentially deploy active protection systems; and
(F) an identification and assessment of critical technology elements of active protection systems.
(3) Report.--Not later than December 31, 2008, the Secretary shall submit to the congressional defense committees a report on the assessment under paragraph (1).
SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE
PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT
STRIKE FIGHTER.
Within amount authorized to be appropriated for fiscal years after fiscal year 2007 for procurement, and for research, development, test, and evaluation, for the Joint Strike Fighter Program, the Secretary of Defense shall ensure the obligation and expenditure of sufficient amounts each such fiscal year for the continued development and procurement of two options for the propulsion system for the Joint Strike Fighter in order to assure the competitive development and eventual production for the propulsion system for a Joint Strike Fighter aircraft, thereby giving a choice of engine to the growing number of nations expressing interest in procuring such aircraft.
SEC. 214. GULF WAR ILLNESSES RESEARCH.
(a) Funding.--
(1) Additional amount.--Of the amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation, Army $15,000,000, may be allocated to Medical Advanced Technology (PE #0603002A) for the Army to carry out, as part of its Congressionally Directed Medical Research Programs, a program for Gulf War Illnesses Research.
(b) Purpose.--The purpose of the program may be to develop diagnostic markers and treatments for the complex of symptoms commonly known as ``Gulf War Illnesses (GWI)'', including widespread pain, cognitive impairment, and persistent fatigue in conjunction with diverse other symptoms and abnormalities, that are associated with service in the Southwest Asia theater of operations in the early 1990s during the Persian Gulf War.
(c) Program Activities.--
(1) Highest priority under the program shall be afforded to pilot and observational studies of treatments for the complex of symptoms described in subsection (b) and comprehensive clinical trials of such treatments that have demonstrated effectiveness in previous past pilot and observational studies.
(2) Secondary priority under the program may be afforded to studies that identify objective markers for such complex of symptoms and biological mechanisms underlying such complex of symptoms that can lead to the identification and development of such markers and treatments.
(3) No study shall be funded under the program that is based on psychiatric illness and psychological stress as the central cause of such complex of symptoms (as is consistent with current research findings).
(d) Competitive Selection and Peer Review.--The program shall be conducted using competitive selection and peer review for the identification of activities having the most substantial scientific merit, utilizing individuals with recognized expertise in Gulf War illnesses in the design of the solicitation and in the scientific and programmatic review processes.
Subtitle C--Missile Defense Programs
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR
PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF
MISSILE DEFENSES IN EUROPE.
(a) General Limitation.--No funds authorized to be appropriated by this Act may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until the following conditions have been met:
(1) The governments of the countries in which major components of such missile defense system (including interceptors and associated radars) are proposed to be deployed have each given final approval to any missile defense agreements negotiated between such governments and the United States Government concerning the proposed deployment of such components in their countries.
(2) 45 days have elapsed following the receipt by Congress of the report required under subsection (c)(6).
(b) Additional Limitation.--In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act may be obligated or expended for the acquisition or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile Defense in Europe.--
(1) Independent assessment.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall select a federally funded research and development center to conduct an independent assessment of options for ballistic missile defense for forward deployed forces of the United States and its allies in Europe.
(2) Issues to be assessed.--In carrying out the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following in connection with options for missile defense in Europe:
(A) The threat to Europe of ballistic missiles (including short-range, medium-range, intermediate-range, and long-range ballistic missiles) from Iran and from other nations (except Russia), including the likelihood and timing of such threats.
(B) The missile defense capabilities appropriate to meet current, near-term, and mid-term ballistic missile threats facing Europe during the period from 2008 through 2015.
(C) Alternative options for defending the European territory of members of the North Atlantic Treaty Organization against the threats described in subparagraph
(B).
(D) The utility and cost-effectiveness of providing ballistic missile defense of the United States with a system located in Europe, if warranted by the threat, when compared with the provision of such defense through the deployment of additional ballistic missile defense in the United States.
(E) The views of European members of the North Atlantic Treaty Organization on the desirability of ballistic missile defenses for the European territory of such nations.
(F) Potential opportunities for participation by the Government of Russia in a European missile defense system.
(3) Technologies to be considered.--In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider, but not be limited to, the following missile defense technology options:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense (THAAD) system.
(E) The proposed deployment of Ground-based Midcourse Defense (GMD) system elements in Europe, consisting of the proposed 2-stage Orbital Boost Vehicle interceptor, and the proposed European Midcourse X-band radar.
(F) Forward-Based X-band Transportable (FBX-T) radars.
(G) Other non-United States, North Atlantic Treaty Organization missile defense systems.
(4) Factors to be considered.--In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following factors with respect to potential ballistic missile defense options:
(A) The missile defense needs of the European members of the North Atlantic Treaty Organization, including forward deployed United States forces, with respect to current, near-term, and mid-term ballistic missile threats.
(B) Operational effectiveness.
(C) Command and control arrangements.
(D) Integration and interoperability with North Atlantic Treaty Organization missile defenses.
(E) Cost and affordability, including possible allied cost-sharing.
(F) Cost-effectiveness.
(G) The degree of coverage of the European territory of members of the North Atlantic Treaty Organization.
(5) Cooperation of other agencies.--The Secretary of Defense, the Director of National Intelligence, and the heads of other departments and agencies of the United States Government shall provide the federally funded research and development center selected under paragraph (1) such data, analyses, briefings, and other information as the center considers necessary to carry out the assessment described in that paragraph.
(6) Report required.--Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected under paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the assessment described in that paragraph, including any findings and recommendations of the center as a result of the assessment.
(7) Form.--The report under paragraph (6) shall be submitted in unclassified form, but may include a classified annex.
(d) Construction.--Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b).
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT
OF MISSILE DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act may be obligated or expended to deploy more than 40 Ground-Based Interceptors at Fort Greely, Alaska, until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a certification that the Block 2006 Ground-based Midcourse Defense element of the Ballistic Missile Defense System has demonstrated, through operationally realistic end-to-end flight testing, that it has a high probability of working in an operationally effective manner.
SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE
DEFENSE AGENCY ACTIVITIES.
(a) Revised Budget Structure.--The budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 2008
(as submitted with the budget of the President under section 1105(a) of title 31, United States Code) shall set forth separately amounts requested for the Missile Defense Agency for each of the following:
(1) Research, development, test, and evaluation.
(2) Procurement.
(3) Operation and maintenance.
(4) Military construction.
(b) Objectives for Acquisition Activities.--
(1) In general.--Commencing as soon as practicable, but not later than the submittal to Congress of the budget for the President for fiscal year 2009 under section 1105(a) of title 31, United States Code, the Missile Defense Agency shall take appropriate actions to achieve the following objectives in its acquisition activities:
(A) Improved transparency.
(B) Improved accountability.
(C) Enhanced oversight.
(2) Required actions.--In order to achieve the objectives specified in paragraph (1), the Missile Defense Agency shall, at a minimum, take actions as follows:
(A) Establish acquisition cost, schedule, and performance baselines for each Ballistic Missile Defense System element that--
(i) has entered the equivalent of the System Development and Demonstration phase of acquisition; or
(ii) is being produced and acquired for operational fielding.
(B) Provide unit cost reporting data for each Ballistic Missile Defense System element covered by subparagraph (A), and secure independent estimation and verification of such cost reporting data.
(C) Include each year in the budget justification materials described in subsection (a) a description of actions being taken in the fiscal year in which such materials are submitted, and the actions to be taken in the fiscal year covered by such materials, to achieve such objectives.
(3) Specification of ballistic missile defense system elements.--The Ballistic Missile Defense System elements that, as of May 2007, are Ballistic Missile Defense System elements covered by paragraph (2)(A) are the following elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-Transportable (AN/TPY-2).
(E) Command, Control, Battle Management, and Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.
SEC. 234. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND
EVALUATION, IN MISSILE DEFENSE TEST AND
EVALUATION ACTIVITIES.
Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; and
(2) by inserting after subsection (e) the following new subsection (f):
``(f)(1) The Director of the Missile Defense Agency shall report promptly to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.
``(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conduct of any test and evaluation conducted by the Missile Defense Agency.
``(3) The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.''.
SEC. 235. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF
BALLISTIC MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking ``through 2008'' and inserting ``through 2013''; and
(2) in paragraph (2), by striking ``through 2009'' and inserting ``through 2014''.
Subtitle D--Other Matters
SEC. 251. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR
OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE
TEST PROGRAM.
Paragraph (3) of section 2350a(g) of title 10, United States Code, is amended to read as follows:
``(3) The Director of Defense Research and Engineering shall notify the congressional defense committees of the intent to obligate funds made available to carry out this subsection not less than 7 days before such funds are obligated.''.
SEC. 252. MODIFICATION OF COST SHARING REQUIREMENT FOR
TECHNOLOGY TRANSITION INITIATIVE.
Paragraph (2) of section 2359a(f) of title 10, United States Code, is amended to read as follows:
``(2) The amount of funds provided to a project under paragraph (1) by the military department or Defense Agency concerned shall be the appropriate share of the military department or Defense Agency, as the case may be, of the cost of the project, as determined by the Manager.''.
SEC. 253. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY
PROGRAM.
(a) In General.--Section 2521 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(e) Strategic Plan.--(1) The Secretary shall develop a plan for the program which includes the following:
``(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program during the 5-fiscal year period beginning with the first fiscal year commencing after the development of the plan.
``(B) For each of the fiscal years under the period of the plan, the objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.
``(2) The Secretary shall include in the plan mechanisms for assessing the effectiveness of the program under the plan.
``(3) The Secretary shall update the plan on a biennial basis.
``(4) The Secretary shall include the plan, and any update of the plan under paragraph (3), in the budget justification documents submitted in support of the budget of the Department of Defense for the applicable fiscal year (as included in the budget of the President submitted to Congress under section 1105 of title 31).''.
(b) Initial Development of Plan.--The Secretary of Defense shall develop the strategic plan required by subsection (e) of section 2521 of title 10, United States Code (as added by subsection (a) of this section), so that the plan goes into effect at the beginning of fiscal year 2009.
SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINATION OF
DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH WITH SIMILAR FEDERAL
PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking ``shall'' each place it appears and inserting
``may''.
SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Program Purposes.--Subsection (b) of section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note) is amended--
(1) in paragraph (2), by striking ``in nanoscale research and development'' and inserting ``in the National Nanotechnology Initiative and with the National Nanotechnology Coordination Office under section 3 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of fundamental and applied nanoscience and engineering research initiatives'' and inserting ``portfolio of nanotechnology research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of defense for acquisition, technology, and logistics.--Subsection (c) of such section is amended--
(A) by striking ``the Director of Defense Research and Engineering'' and inserting ``the Under Secretary of Defense for Acquisition, Technology, and Logistics''; and
(B) by striking ``The Director'' and inserting ``The Under Secretary''.
(2) Other administrative matters.--Such subsection is further amended--
(A) in paragraph (2), by striking ``the Department's increased investment in nanotechnology and the National Nanotechnology Initiative; and'' and inserting ``investments by the Department and other departments and agencies participating in the National Nanotechnology Initiative in nanotechnology research and development;'';
(B) in paragraph (3), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) oversee interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative, including providing appropriate funds to support the National Nanotechnology Coordination Office.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
``(d) Activities.--Activities under the program shall include the following:
``(1) The development of a strategic plan for defense nanotechnology research and development that is integrated with the strategic plan for the National Nanotechnology Initiative.
``(2) The issuance on an annual basis of policy guidance to the military departments and the Defense Agencies that--
``(A) establishes research priorities under the program;
``(B) provides for the determination and documentation of the benefits to the Department of Defense of research under the program; and
``(C) sets forth a clear strategy for transitioning the research into products needed by the Department.
``(3) Advocating for the transition of nanotechnologies in defense acquisition programs, including the development of nanomanufacturing capabilities and a nanotechnology defense industrial base.''.
(d) Reports.--Such section is further amended by adding at the end the following new subsection:
``(e) Reports.--(1) Not later than March 1 of each of 2009, 2011, and 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the program.
``(2) Each report under paragraph (1) shall include the following:
``(A) A review of--
``(i) the long-term challenges and specific technical goals of the program; and
``(ii) the progress made toward meeting such challenges and achieving such goals.
``(B) An assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities.
``(C) A review of the coordination of activities under the program within the Department of Defense, with other departments and agencies of the United States, and with the National Nanotechnology Initiative.
``(D) A review and analysis of the findings and recommendations relating to the Department of Defense of the most recent triennial external review of the National Nanotechnology Program under section 5 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 1704), and a description of initiatives of the Department to implement such recommendations.
``(E) An assessment of technology transition from nanotechnology research and development to enhanced warfighting capabilities, including contributions from the Department of Defense Small Business Innovative Research and Small Business Technology Transfer Research programs, and the Department of Defense Manufacturing Technology program, and an identification of acquisition programs and deployed defense systems that are incorporating nanotechnologies.
``(F) An assessment of global nanotechnology research and development in areas of interest to the Department, including an identification of the use of nanotechnologies in any foreign defense systems.
``(G) An assessment of the defense nanotechnology manufacturing and industrial base and its capability to meet the near and far term requirements of the Department.
``(H) Such recommendations for additional activities under the program to meet emerging national security requirements as the Under Secretary considers appropriate.
``(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.''.
(e) Comptroller General Report on Program.--Not later than March 31, 2010, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the progress made by the Department of Defense in achieving the purposes of the defense nanotechnology research and development program required by section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (as amended by this section).
SEC. 256. COMPTROLLER GENERAL ASSESSMENT OF THE DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
(a) Review.--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 an assessment of the effectiveness of the Defense Experimental Program to Stimulate Competitive Research.
(b) Assessment.--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--
(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 Comptroller General considers appropriate.
SEC. 257. STUDY AND REPORT ON STANDARD SOLDIER PATIENT
TRACKING SYSTEM.
(a) Study Required.--In conjunction with the development of the pilot program utilizing an electronic clearinghouse for support of the disability evaluation system of the Department of Defense authorized under this Act, the Secretary of Defense shall conduct a study on the feasibility of including in the required pilot program the following additional elements:
(1) A means to allow each recovering service member, each family member of such a member, each commander of a military installation retaining medical holdover patients, each patient navigator, and ombudsman office personnel, at all times, to be able to locate and understand exactly where a recovering service member is in the medical holdover process.
(2) A means to ensure that the commander of each military medical facility where recovering service members are located is able to track appointments of such members to ensure they are meeting timeliness and other standards that serve the member.
(3) A means to ensure each recovering service member is able to know when his or her appointments and other medical evaluation board or physical evaluation board deadlines will be and that they have been scheduled in a timely and accurate manner.
(4) Any other information needed to conduct oversight of care of the member through out the medical holdover process.
(5) Information that will allow the Secretaries of the military departments and the Under Secretary of Defense for Personnel and Readiness to monitor trends and problems.
(b) Report.--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 results of the study, with such findings and recommendations as the Secretary considers appropriate.
SEC. 258. 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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $29,725,273,000.
(2) For the Navy, $33,307,690,000.
(3) For the Marine Corps, $4,998,493,000.
(4) For the Air Force, $32,967,215,000.
(5) For Defense-wide activities, $22,397,153,000.
(6) For the Army Reserve, $2,512,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,861,409,000.
(11) For the Air National Guard, $5,469,368,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force,
$458,428,000.
(16) For Environmental Restoration, Defense-wide,
$12,751,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $270,249,000.
(18) For Former Soviet Union Threat Reduction programs,
$448,048,000.
(19) For Overseas Humanitarian, Disaster and Civic Aid programs, $63,300,000.
(20) For Overseas Contingency Operations Transfer Fund,
$5,000,000.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE
WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than
$91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3) Interagency agreement.--The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC
SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than
$186,625.38 to the Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for costs incurred pursuant to the agreement known as ``In the Matter of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114: Administrative Order on Consent for Remedial Design and Remedial Action,'' entered into by the Department of Defense and the Environmental Protection Agency on December 11, 2003.
(b) Source of Funds.--Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency pursuant to the agreement described in paragraph (2) of such subsection.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF
STIPULATED PENALTIES IN CONNECTION WITH JACKSON
PARK HOUSING COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of the Navy may, notwithstanding section 2215 of title 10, United States Code, transfer not more than
$40,000.00 to the Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 25, 2005, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).
(b) Source of Funds.--Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy.
(c) Use of Funds.--The amount transferred under subsection
(a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.
(a) Findings.--Congress makes the following findings:
(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.
(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 increasing threat of the introduction of the brown tree snake from Guam into Hawaii, the Commonwealth of the Northern Mariana Islands, or the continental United States.
(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 ensure that the brown tree snake is not introduced into Hawaii, the Commonwealth of the Northern Mariana Island, or the continental United States as a result of the movement from Guam of military aircraft, personnel, and cargo, including the household goods of military personnel.
(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, or the continental United States.
Subtitle C--Program Requirements, Restrictions, and Limitations
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION
SYSTEMS AGENCY WORKING CAPITAL FUND FOR
TECHNOLOGY UPGRADES TO DEFENSE INFORMATION
SYSTEMS NETWORK.
(a) In General.--Funds in the Defense Information Systems Agency Working Capital Fund may be used for expenses directly related to technology upgrades to the Defense Information Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used under subsection (a) for--
(1) any significant technology insertion to the Defense Information Systems Network; or
(2) any component with an estimated total cost in excess of
$500,000.
(c) Limitation in Fiscal Year Pending Timely Report.--If in any fiscal year the report required by paragraph (1) of subsection (d) is not submitted by the date specified in paragraph (2) of subsection (d), funds may not be used under subsection (a) in such fiscal year during the period--
(1) beginning on the date specified in paragraph (2) of subsection (d); and
(2) ending on the date of the submittal of the report under paragraph (1) of subsection (d).
(d) Annual Report.--
(1) In general.--The Director of the Defense Information Systems Agency shall submit to the congressional defense committees each fiscal year a report on the use of the authority in subsection (a) during the preceding fiscal year.
(2) Deadline for submittal.--The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code.
(e) Sunset.--The authority in subsection (a) shall expire on October 1, 2011.
SEC. 322. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT
PERFORMANCE OF SECURITY GUARD FUNCTIONS.
(a) Extension.--Subsection (c) of section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314) is amended by striking ``September 30, 2009'' both places it appears and inserting ``September 30, 2012''.
(b) Limitation for Fiscal Years 2010 Through 2012.--Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraphs:
``(4) for fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006;
``(5) for fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006; and
``(6) for fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.''.
SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED
DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 229 note) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) each of the military departments for the additional incremental cost resulting from the additional deployment of forces to Iraq and Afghanistan above the levels deployed to such countries on January 1, 2007.''.
SEC. 324. INDIVIDUAL BODY ARMOR.
(a) Assessment.--The Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly conduct an assessment of various domestic technological approaches for body armor systems for protection against ballistic threats at or above military requirements.
(b) Report.--
(1) Report required.--Not later than 90 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly submit to the Secretary of Defense, and to the congressional defense committees, a report on the assessment required by subsection (a).
(2) Elements.--The report required under paragraph (1) shall include--
(A) a detailed comparative analysis and assessment of the technical approaches covered by the assessment under subsection (a), including the technical capability, feasibility, military utility, and cost of each such approach; and
(B) such other matters as the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering jointly consider appropriate.
(3) Form.--The report submitted under paragraph (1) to the congressional defense committees shall be submitted in both classified and unclassified form.
Subtitle D--Workplace and Depot Issues
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL
FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES
WITH NON-ARMY ENTITIES.
(a) Extension of Authority.--Section 4544 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``This authority may be used to enter into not more than eight contracts or cooperative agreements.''; and
(2) in subsection (k), by striking ``2009'' and inserting
``2014''.
(b) Reports.--
(1) Annual report on use of authority.--The Secretary of the Army shall submit to Congress at the same time the budget of the President is submitted to Congress for fiscal years 2009 through 2016 under section 1105 of title 31, United States Code, a report on the use of the authority provided under section 4544 of title 10, United States Code.
(2) Analysis of use of authority.--Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report assessing the advisability of making such authority permanent and eliminating the limitation on the number of contracts or cooperative arrangements that may be entered into pursuant to such authority.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION
PROGRAM.
(a) Extension.--Subsection (a) of section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is amended by striking ``fiscal years 2001 through 2008'' and inserting ``fiscal years 2001 through 2010''.
(b) Extension of Reporting Requirement.--The second sentence in subsection (g)(1) of such section is amended to read as follows: ``No report is required after fiscal year 2010.''.
SEC. 343. REPORTS ON NATIONAL GUARD READINESS FOR DOMESTIC
EMERGENCIES.
(a) Annual Reports on Equipment.--Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
``(9) An assessment of the extent to which the National Guard possesses the equipment required to respond to domestic emergencies, including large scale, multi-State disasters and terrorist attacks.
``(10) An assessment of the shortfalls, if any, in National Guard equipment throughout the United States, and an assessment of the effect of such shortfalls on the capacity of the National Guard to respond to domestic emergencies.
``(11) Strategies and investment priorities for equipment for the National Guard to ensure that the National Guard possesses the equipment required to respond in a timely and effective way to domestic emergencies.''.
(b) Inclusion 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);
(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 a report 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.''.
(c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to reports submitted after the date of the enactment of this Act.
(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 fiscal year 2009 (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 achieve the implementation of the amendments made by this section.
(2) Elements.--The report 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. 344. SENSE OF SENATE ON THE AIR FORCE LOGISTICS CENTERS.
(a) Findings.--The Senate makes the following findings:
(1) Air Force Air Logistics Centers have served as a model of efficiency and effectiveness in providing integrated sustainment (depot maintenance, supply management, and product support) for fielded weapon systems within the Department of Defense. This success has been founded in the integration of these dependent processes.
(2) Air Force Air Logistics Centers have embraced best practices, technology changes, and process improvements, and have successfully managed increased workload while at the same time reducing personnel.
(3) Air Force Air Logistics Centers continue to successfully sustain an aging aircraft fleet that is performing more flying hours, with less aircraft, than at any point in the last thirty years.
(4) The purpose of the Global Logistics Support Center is to apply an enterprise approach to supply chain management to eliminate redundancies and improve efficiencies across the Air Force in order to best provide capable aircraft to the warfighter.
(5) The Air Force is working diligently to identify means to create further efficiencies in the Air Force logistics network.
(b) Sense of Senate.--It is the sense of the Senate that the Air Force should work closely with Congress as the Air Force continues to develop and implement the Global Logistics Support Center concept.
Subtitle E--Other Matters
SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION
FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight.--
(1) In general.--Section 2228 of title 10, United States Code, is amended--
(A) in the section heading, by striking ``Military equipment and infrastructure: prevention and mitigation of corrosion'' and inserting ``Office of Corrosion Policy and Oversight''; and
(B) by amending subsection (a) to read as follows:
``(a) Office and Director.--(1) There is an Office of Corrosion Policy and Oversight within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.
``(2) The Office shall be headed by a Director of Corrosion Policy and Oversight (in this section referred to as the
`Director'), who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense with the qualifications described in paragraph (3). The Director is the senior official responsible in the Department of Defense to the Secretary of Defense (after the Under Secretary of Defense for Acquisition, Technology, and Logistics) for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense. The Director shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of Director, an individual shall--
``(A) have a minimum of 10 years experience in the Defense Acquisition Corps;
``(B) have technical expertise in, and professional experience with, corrosion engineering, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; and
``(C) have background in and an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.''.
(2) Conforming changes.--Subsection (b) of such section is amended--
(A) in paragraph (1), by striking ``official or organization designated under subsection (a)'' and inserting
``Director''; and
(B) by striking ``designated official or organization'' each place it appears and inserting ``Director''.
(b) Additional Authority for Director of Office.--Such section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection:
``(c) Additional Authorities for Director.--The Director is authorized to--
``(1) develop, update, and coordinate corrosion training with the Defense Acquisition University;
``(2) participate in the process within the Department of Defense for the development of relevant directives and instructions; and
``(3) interact directly with the corrosion prevention industry, trade associations, other government corrosion prevention agencies, academic research institutions, and scientific organizations engaged in corrosion prevention, including the National Academy of Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of Corrosion Reduction Strategy.--Subparagraph (D) of subsection
(d)(2) of such section, as redesignated by subsection (b), is amended by inserting after ``operational strategies'' the following: ``, including through the establishment of memoranda of agreement, joint funding agreements, public-private partnerships, university research centers, and other cooperative research agreements''.
(d) Report Requirement.--Such section is further amended by inserting after subsection (d), as redesignated by subsection
(b), the following new subsection:
``(e) Report.--(1) The Secretary of Defense shall submit with the defense budget materials for each fiscal year beginning with fiscal year 2009 a report on the following:
``(A) Funding requirements for the long-term strategy developed under subsection (d).
``(B) The return on investment that would be achieved by implementing the strategy.
``(C) The funds requested in the budget compared to the funding requirements.
``(D) An explanation of why the Department of Defense is not requesting funds for the entire requirement.
``(2) Not later than 60 days after submission of the budget for a fiscal year, the Comptroller General shall provide to the congressional defense committees--
``(A) an analysis of the budget submission for corrosion control and prevention by the Department of Defense; and
``(B) an analysis of the report required under paragraph
(1).''.
(e) Definitions.--Subsection (f), as redesignated by subsection (b), is amended by adding at the end the following new paragraphs:
``(4) The term `budget', with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
``(5) The term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.''.
SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED
TO FEDERAL AGENCIES.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the extent'' and inserting ``Subject to subsection (c), to the extent'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection:
``(b)(1) Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502(f) of title 32 to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.
``(2) Any funds received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of the Secretary of Defense, to the following:
``(A) The appropriation, fund, or account used to fund the support.
``(B) The appropriation, fund, or account currently available for reimbursement purposes.''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by inserting ``or section 502(f) of title 32'' after
``under this chapter''; and
(B) in paragraph (2), by inserting ``or personnel of the National Guard'' after ``Department of Defense''.
SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
Section 44310 of title 49, United States Code, is amended by striking ``March 30, 2008'' and inserting ``December 31, 2013''.
SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF
UNLAWFULLY OBTAINED PROPERTY OF THE ARMED
FORCES.
(a) Statutory Establishment of Accountability for Property of Navy and Marine Corps.--
(1) In general.--Chapter 661 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 7864. Property accountability; regulations
``The Secretary of the Navy may prescribe regulations for the accounting for property of the Navy and the Marine Corps and for the fixing of responsibility for such property.''.
(2) Unauthorized disposition and recovery of property.--Such chapter is further amended by adding at the end the following new section:
``Sec. 7865. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Navy or the Marine Corps may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Navy or the Marine Corps authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Navy or the Marine Corps disposes of property in violation of subsection
(a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.''.
(b) Standardizing Amendments Relating to Disposition of Unlawfully Obtained Army and Air Force Property.--
(1) Army property.--Section 4836 of title 10, United States Code, is amended to read as follows:
``Sec. 4836. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Army may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Army authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Army disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.''.
(2) Air force property.--Section 9836 of such title is amended is amended to read as follows:
``Sec. 9836. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Air Force may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Air Force authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Air Force disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.''.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 453 of such title is amended by striking the item relating to section 4836 and inserting the following new item:
``4836. Military equipment: unauthorized disposition.''.
(2) The table of sections at the beginning of chapter 661 of such title is amended by adding at the end the following new items:
``7864. Property accountability: regulations.
``7865. Military equipment: unauthorized disposition.''.
(3) The table of sections at the beginning of chapter 953 of such title is amended by striking the item relating to section 9836 and inserting the following new item:
``9836. Military equipment: unauthorized disposition.''.
SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE
PAYMENT OF FULL REPLACEMENT VALUE FOR CLAIMS
RELATED TO PERSONAL PROPERTY TRANSPORTED AT
GOVERNMENT EXPENSE.
Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence:
``The regulations may require members of the armed forces or civilian employees of the Department of Defense to comply with reasonable conditions in order to receive benefits under this section.''.
SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS
ISSUED IN CONNECTION WITH CONTINGENCY
OPERATIONS.
The Secretary of a military department may authorize members of the Armed Forces under the jurisdiction of the Secretary to retain combat uniforms issued as organizational clothing and individual equipment in connection with their deployment in support of contingency operations.
SEC. 357. MODIFICATION OF REQUIREMENTS ON COMPTROLLER GENERAL
REPORT ON THE READINESS OF ARMY AND MARINE
CORPS GROUND FORCES.
(a) Submittal Date.--Subsection (a)(1) of section 345 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2156) is amended by striking ``June 1, 2007'' and inserting ``March 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the following new paragraphs:
``(2) An assessment of the ability of the Army and Marine Corps to provide trained and ready forces to meet the requirements of increased force levels in support of Operations Iraqi Freedom and Enduring Freedom and to meet the requirements of other ongoing operations simultaneously with such increased force levels.
``(3) An assessment of the strategic depth of the Army and Marine Corps and their ability to provide trained and ready forces to meet the requirements of the high-priority contingency war plans of the regional combatant commands, including an identification and evaluation for each such plan of--
``(A) the strategic and operational risks associated with current and projected forces of current and projected readiness;
``(B) the time required to make forces available and prepare them for deployment; and
``(C) likely strategic tradeoffs necessary to meet the requirements of each such plan.''.
(c) Department of Defense Cooperation.--Such section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
``(c) Department of Defense Cooperation.--The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the preparation of the report required by this section.''.
SEC. 358. 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 (10 U.S.C. 2564 note), notwithstanding any limitation under that section relating to the availability of funds in such account for the provision of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to provide support for sporting events described in subsection
(c)(5) may not exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note) is amended--
(1) by inserting after ``international sporting competitions'' the following: ``and for support of sporting competitions authorized under section 2564(c)(4) and (5), of title 10, United States Code,''; and
(2) by striking ``45 days'' and inserting ``15 days''.
SEC. 359. 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. 360. CONTINUITY OF DEPOT OPERATIONS TO RESET COMBAT
EQUIPMENT AND VEHICLES IN SUPPORT OF WARS IN
IRAQ AND AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States Armed Forces, particularly the Army and the Marine Corps, are currently engaged in a tremendous effort to reset equipment that was damaged and worn in combat operations in Iraq and Afghanistan.
(2) The implementing guidance from the Under Secretary of Defense for Acquisition, Technology, and Logistics related to the decisions of the 2005 Defense Base Closure and Realignment Commission (BRAC) to transfer depot functions appears not to differentiate between external supply functions and in-process storage functions related to the performance of depot maintenance.
(3) Given the fact that up to 80 percent of the parts involved in the vehicle reset process are reclaimed and refurbished, the transfer of this inherently internal depot maintenance function to the Defense Logistics Agency could severely disrupt production throughput, generate increased costs, and negatively impact Army and Marine Corps equipment reset efforts.
(4) The goal of the Department of Defense, the Defense Logistics Agency, and the 2005 Defense Base Closure and Realignment Commission is the reengineering of businesses processes in order to achieve higher efficiency and cost savings.
(b) Report.--
(1) In general.--Not later than June 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the challenges of implementing the transfer of depot functions and the impacts on production, including parts reclamation and refurbishment.
(2) Content.--The report required under paragraph (1) shall describe--
(A) the sufficiency of the business plan to transfer depot functions to accommodate a timely and efficient transfer without the disruption of depot production;
(B) a description of the completeness of the business plan in addressing part reclamation and refurbishment;
(C) the estimated cost of the implementation and what savings are likely be achieved;
(D) the impact of the transfer on the Defense Logistics Agency and depot hourly rates due to the loss of budgetary control of the depot commander over overtime pay for in-process parts supply personnel, and any other relevant rate-related factors;
(E) the number of personnel positions affected;
(F) the sufficiency of the business plan to ensure the responsiveness and availability of Defense Logistics supply personnel to meet depot throughput needs, including potential impact on depot turnaround time; and
(G) the impact of Defense Logistics personnel being outside the chain of command of the depot commander in terms of overtime scheduling and meeting surge requirements.
(3) Government accountability office assessment.--Not later than September 30, 2008, the Comptroller General of the United States shall review the report submitted under paragraph (1) and submit to the congressional defense committees an independent assessment of the matters addressed in such report, as requested by the Chairman of the Committee on Armed Services of the House of Representatives.
SEC. 361. REPORT ON SEARCH AND RESCUE CAPABILITIES OF AIR
FORCE IN 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 (NSRP) for Washington, Oregon, Idaho, and Montana.
(3) An inventory and description of search and rescue assets of the Air Force that are available to meet such requirements.
(4) A description of the utilization during the previous three years of such search and rescue assets.
(5) The plans of the Air Force to meet current and future search and rescue requirements in the northwestern United States, including with respect to risk assessment services for Air Force missions and compliance with the NSRP.
(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; 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 section 358 of the National Defense Authorization Act for Fiscal Year 2008, 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. 362. REPORT ON HIGH-ALTITUDE AVIATION TRAINING SITE,
COLORADO.
(a) In General.--Not later than 60 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 High-Altitude Aviation Training Site at Gypsum, Colorado.
(b) Content.--The report required under subsection (a) shall include--
(1) a summary of costs for each of the previous 5 years associated with transporting aircraft to and from the High-Altitude Aviation Training Site for training purposes; and
(2) an analysis of 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.
SEC. 363. SENSE OF CONGRESS ON FUTURE USE OF SYNTHETIC FUELS
IN MILITARY SYSTEMS.
It is the sense of Congress to encourage the Department of Defense to continue and accelerate, as appropriate, the testing and certification of synthetic fuels for use in all military air, ground, and sea systems.
SEC. 364. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES
AT WARREN GROVE GUNNERY RANGE, NEW JERSEY.
(a) Findings.--Congress makes the following findings:
(1) The United States Air Force has 32 training sites in the United States for aerial bombing and gunner training, of which Warren Grove Gunnery Range functions in the densely populated Northeast.
(2) A number of dangerous safety incidents caused by the Air National Guard have repeatedly impacted the residents of New Jersey, including the following:
(A) On May 15, 2007, a fire ignited during an Air National Guard practice mission at Warren Grove Gunnery Range, scorching 17,250 acres of New Jersey's Pinelands, destroying 5 houses, significantly damaging 13 others, and temporarily displacing approximately 6,000 people from their homes in sections of Ocean and Burlington Counties.
(B) In November 2004, an F-16 Vulcan cannon piloted by the District of Columbia Air National Guard was more than 3 miles off target when it blasted 1.5-inch steel training rounds into the roof of the Little Egg Harbor Township Intermediate School.
(C) In 2002, a pilot ejected from an F-16 aircraft just before it crashed into the woods near the Garden State Parkway, sending large pieces of debris onto the busy highway.
(D) In 1999, a dummy bomb was dumped a mile off target from the Warren Grove target range in the Pine Barrens, igniting a fire that burned 12,000 acres of the Pinelands forest.
(E) In 1997, the pilots of F-16 aircraft uplifting from the Warren Grove Gunnery Range escaped injury by ejecting from their aircraft just before the planes collided over the ocean near the north end of Brigantine. Pilot error was found to be the cause of the collision.
(F) In 1986, a New Jersey Air National Guard jet fighter crashed in a remote section of the Pine Barrens in Burlington County, starting a fire that scorched at least 90 acres of woodland.
(b) Annual Report on Safety Measures.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of the Air Force shall submit to the congressional defense committees a report on efforts made to provide the highest level of safety by all of the military departments utilizing the Warren Grove Gunnery Range.
(c) Study on Encroachment at 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 study on encroachment issues at Warren Grove Gunnery Range.
(2) Content.--The study required under paragraph (1) shall include a master plan for the Warren Grove Gunnery Range and the surrounding community, taking into consideration military mission, land use plans, urban encroachment, the economy of the region, and protection of the environment and public health, safety, and welfare.
(3) Required input.--The study required under paragraph (1) shall include input from all affected parties and relevant stakeholders at the Federal, State, and local level.
SEC. 365. 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, 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); 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) 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 consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as amended by subsection (a), 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 under subsection
(b)(2), by inserting ``of'' after ``examination''.
SEC. 366. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT 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 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) 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. 367. 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:
``SEC. 43. 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 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, 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) 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) 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) 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. 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. 368. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.
(a) Guidelines.--
(1) In general.--The Under Secretary of Defense for Personnel and Readiness shall prescribe guidelines and procedures for ensuring that consideration is given to using Federal Government employees on a regular basis for new work and work that is performed under Department of Defense contracts and could be performed by Federal Government employees.
(2) Criteria.--The guidelines and procedures prescribed under paragraph (1) shall provide for special consideration to be given to contracts that--
(A) have been performed by Federal Government employees at any time on or after October 1, 1980;
(B) are associated with the performance of inherently governmental functions;
(C) have been performed by a contractor pursuant to a contract that was awarded on a noncompetitive basis, either a contract for a function once performed by Federal employees that was awarded without the conduct of a public-private competition or a contract that was last awarded without the conduct of an actual competition between contractors; or
(D) have been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer within the last five years .
(3) Deadline for issuance of guidelines.--The Secretary of Defense shall implement the guidelines required under paragraph (1) by not later than 60 days after the date of the enactment of this Act.
(4) Establishment of contractor inventory.--The Secretary of Defense shall establish an inventory of Department of Defense contracts to determine which contracts meet the criteria set forth in paragraph (2).
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No public-private competition may be required for any Department of Defense function before--
(A) the commencement of the performance by civilian employees of the Department of Defense of a new Department of Defense function;
(B) the commencement of the performance by civilian employees of the Department of Defense of any Department of Defense function described in subparagraphs (B) through (D) of subsection (a)(2); or
(C) the expansion of the scope of any Department of Defense function performed by civilian employees of the Department of Defense.
(2) Consideration of federal government employees.--The Secretary of Defense shall, to the maximum extent practicable, ensure that Federal Government employees are fairly considered for the performance of new requirements, with special consideration given to new requirements that include functions that--
(A) are similar to functions that have been performed by Federal Government employees at any time on or after October 1, 1980; or
(B) are associated with the performance of inherently governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary 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, United States Code, to facilitate the performance by civilian employees of the Department of Defense of functions described in subsection
(b).
(d) Inspector General Report.--Not later than 180 days after the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the Secretary of Defense with the requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means the human resources management system established under the authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the meaning given that term in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 2384; 31 U.S.C. 501 note).
(f) Conforming Repeal.--The National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking section 343.
SEC. 369. 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 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.
SEC. 370. 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 period specified in the performance agreement entered into in accordance with this section for any function of the Department of Defense performed by Department of Defense civilian employees.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 328,400.
(3) The Marine Corps, 189,000.
(4) The Air Force, 328,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2008, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2008 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2008, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, may not exceed 595.
(3) Air force reserve.--The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term ``non-dual status technician'' has the meaning given that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. REVISION OF AUTHORIZED VARIANCES IN END STRENGTHS
FOR SELECTED RESERVE PERSONNEL.
(a) Increase.--Section 115(f)(3) of title 10, United States Code, is amended by striking ``2 percent'' and inserting ``3 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to fiscal years beginning on or after that date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2008 for military personnel, in amounts as follows:
(1) For the Army, $34,952,762,000.
(2) For the Navy, $23,300,841,000.
(3) For the Marine Corps, $11,065,542,000.
(4) For the Air Force, $24,091,993,000.
(5) For the Army Reserve, $3,701,197,000.
(6) For the Navy Reserve, $1,766,408,000.
(7) For the Marine Corps Reserve, $593,961,000.
(8) For the Air Force Reserve, $1,356,618,000.
(9) For the Army National Guard, $5,914,979,000.
(10) For the Air National Guard, $2,607,456,000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS
ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET
FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(1) of title 10, United States Code, is amended by striking the items under the heading
``Major'' in the portion of the table relating to the Army and inserting the following new items:
``7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412''.
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS
ON ACTIVE DUTY IN GRADES OF LIEUTENANT
COMMANDER, COMMANDER, AND CAPTAIN TO MEET FORCE
STRUCTURE REQUIREMENTS.
(a) In General.--The table in section 523(a)(2) of title 10, United States Code, is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
``Total number of commissioned officers (excluding the grade of:
officers in categories specified in subsection (b)) -----------------------------------------------------------
on active duty: Lieutenant
Commander Commander Captain
----------------------------------------------------------------------------------------------------------------
Navy:
30,000.............................................. 7,698 5,269 2,222
33,000.............................................. 8,189 5,501 2,334
36,000.............................................. 8,680 5,733 2,447
39,000.............................................. 9,172 5,965 2,559
42,000.............................................. 9,663 6,197 2,671
45,000.............................................. 10,155 6,429 2,784
48,000.............................................. 10,646 6,660 2,896
51,000.............................................. 11,136 6,889 3,007
54,000.............................................. 11,628 7,121 3,120
57,000.............................................. 12,118 7,352 3,232
60,000.............................................. 12,609 7,583 3,344
63,000.............................................. 13,100 7,813 3,457
66,000.............................................. 13,591 8,044 3,568
70,000.............................................. 14,245 8,352 3,718
90,000.............................................. 17,517 9,890 4,467''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007.
SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT
PROFESSORS FROM STRENGTH LIMITATIONS FOR
OFFICERS BELOW GENERAL AND FLAG GRADES.
(a) Inclusion of Permanent Professors of the Navy.--Section 523(b)(8) of title 10, United States Code, is amended--
(1) by striking ``Naval Academy'' and inserting ``Navy''; and
(2) by inserting ``or service'' before the period at the end.
(b) Expansion of Exclusion Generally.--Such section is further amended by striking ``50'' and inserting ``85''. SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL
AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY.
Section 637(b)(3) of title 10, United States Code, is amended by striking ``but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer's sixty-second birthday'' and inserting ``except as provided under section 1253 of this title''.
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION
FOR INITIAL APPOINTMENTS OF OFFICERS IN
CRITICALLY SHORT HEALTH PROFESSIONAL
SPECIALTIES.
Section 651 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(c)(1) The Secretary of Defense may waive the service required by subsection (a) for initial appointments of commissioned officers in such critically short health professional specialties as the Secretary shall specify for purposes of this subsection.
``(2) The minimum period of obligated service for an officer under a waiver under this subsection shall be the greater of--
``(A) two years; or
``(B) in the case of an officer who has accepted an accession bonus or executed a contract or agreement for the multiyear receipt of special pay for service in the armed forces, the period of obligated service specified in such contract or agreement.''.
SEC. 506. INCREASE IN AUTHORIZED NUMBER OF PERMANENT
PROFESSORS AT THE UNITED STATES MILITARY
ACADEMY.
Paragraph (4) of section 4331(b) of title 10, United States Code, is amended to read as follows:
``(4) Twenty-eight permanent professors.''.
SEC. 507. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS
IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army.--Section 3258 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a Reserve officer'' and inserting ``an officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve commission'' and inserting ``the commission''.
(b) Regular Air Force.--Section 8258 of such title is amended--
(1) in subsection (a)--
(A) by striking ``a reserve officer'' and inserting ``an officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve commission'' and inserting ``the commission''.
SEC. 508. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG
OFFICERS TO SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The limitations''; and
(2) by adding at the end the following new paragraph:
``(2) The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to ten percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004 of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one.''.
SEC. 509. PROMOTION OF CAREER MILITARY PROFESSORS OF THE
NAVY.
(a) Promotion.--
(1) In general.--Chapter 603 of title 10, United States Code, is amended--
(A) by redesignating section 6970 as section 6970a; and
(B) by inserting after section 6969 the following new section 6970:
``Sec. 6970. Permanent professors: promotion
``(a) Promotion.--An officer serving as a permanent professor may be recommended for promotion to the grade of captain or colonel, as the case may be, under regulations prescribed by the Secretary of the Navy. The regulations shall include a competitive selection board process to identify those permanent professors best qualified for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.
``(b) Effective Date of Promotion.--If made, the promotion of an officer under subsection (a) shall be effective not earlier than three years after the selection of the officer as a permanent professor as described in that subsection.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 603 of such title is amended by striking the item relating to section 6970 and inserting the following new items:
``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service; authority for deferral.''.
(b) Conforming Amendments.--Section 641(2) of such title is amended--
(1) by striking ``and the registrar'' and inserting ``, the registrar''; and
(2) by inserting before the period at the end the following: ``, and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy)''.
Subtitle B--Enlisted Personnel Policy
SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF
MEMBERS IN PAY GRADE E-9.
(a) Increase.--Section 517(a) of title 10, United States Code, is amended by striking ``1 percent'' and inserting
``1.25 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to fiscal years beginning on or after that date.
Subtitle C--Reserve Component Management
SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNCTIONS OF
THE RESERVE FORCES POLICY BOARD.
(a) Modification of Designation, Structure, and Functions of Reserve Forces Policy Board.--
(1) In general.--Section 10301 of title 10, United States Code, is amended to read as follows:
``Sec. 10301. Reserve Policy Advisory Board
``(a) There is in the Office of the Secretary of Defense a Reserve Policy Advisory Board.
``(b)(1) The Board shall consist of a civilian chairman and not more than 15 other members, each appointed by the Secretary of Defense, of whom--
``(A) not more than 4 members may be Government civilian officials who must be from outside the Department of Defense; and
``(B) not more than 2 members may be members of the armed forces.
``(2) Each member appointed to serve on the Board shall have--
``(A) extensive knowledge, or experience with, reserve component matters, national security and national military strategies of the United States, or roles and missions of the regular components and the reserve components;
``(B) extensive knowledge of, or experience in, homeland defense and matters involving Department of Defense support to civil authorities; or
``(C) a distinguished background in government, business, personnel planning, technology and its application in military operations, or other fields that are pertinent to the management and utilization of the reserve components.
``(3) Each member of the Board shall serve for a term of 2 years, and, at the conclusion of such term, may be appointed under this subsection to serve an additional term of 2 years.
``(4) Upon the designation of the chairman of the Board and the approval of the Secretary of Defense, an officer of the Army, Navy, Air Force, or Marine Corps in the Reserves or the National Guard who is a general or flag officer shall serve as the military advisor to, and executive officer of, the Board. Such service shall be either full-time or part-time, as designated by the Secretary of Defense, and shall be in a non-voting status on the Board.
``(c)(1) This section does not affect the committees on reserve policies prescribed within the military departments by sections 10302 through 10305 of this title.
``(2) A member of a committee or board prescribed under a section listed in paragraph (1) may, if otherwise eligible, be a member of the Reserve Policy Advisory Board.
``(d)(1) The Board shall provide the Secretary of Defense, through the Deputy Secretary of Defense, with independent advice and recommendations on strategies, policies, and practices designed to improve the capability, efficiency, and effectiveness of the reserve components.
``(2) The Board shall act on those matters referred to it by the Secretary or the chairman and, in addition, on any matter raised by a member of the Board.
``(e) The Under Secretary of Defense for Personnel and Readiness shall provide necessary logistical support to the Board.
``(f) The Board shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 1009 of such title is amended by striking the item relating to section 10301 and inserting the following new item:
``10301. Reserve Policy Advisory Board.''.
(3) References.--Any reference in any law, regulation, document, record, or other paper of the United States to the Reserve Forces Policy Board shall be deemed to be a reference to the Reserve Policy Advisory Board.
(b) Inclusion of Matters From Board in Annual Report on Activities of Department of Defense.--Paragraph (2) of section 113(c) of title 10, United States Code, is amended to read as follows:
``(2) At the same time the Secretary submits the annual report under paragraph (1), the Secretary may transmit to the President and Congress with such report any additional matters from the Reserve Policy Advisory Board on the programs and activities of the reserve components as the Secretary considers appropriate to include in such report.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall take effect on a date elected by the Secretary of Defense, which date may not be earlier than the date that is one year after the date of the enactment of this Act. The Secretary shall publish in the Federal Register notice of the effective date of the amendments made by this section, as so elected.
(2) Report.--Not later than the effective date elected under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary regarding the following:
(A) The appropriate role and mission of the Reserve Forces Policy Board.
(B) The appropriate membership of the Reserve Forces Policy Board.
(C) The appropriate procedures to be utilized by the Reserve Forces Policy Board in its interaction with the Department of Defense.
SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.
(a) Prescription of Charter by Secretary of Defense.--Section 10503 of title 10, United States Code, is amended--
(1) by striking ``The Secretary of the Army and the Secretary of the Air Force shall jointly develop and'' in the matter preceding paragraph (1) and inserting ``The Secretary of the Defense shall, in consultation with the Secretary of the Army, the Secretary of the Air Force, and the Chairman of the Joint Chiefs of Staff,'';
(2) in paragraph (10), by striking ``the Army and Air Force'' and inserting ``the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force''; and
(3) in paragraph (12), by striking ``Secretaries'' and inserting ``Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter from the Secretary of Defense''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 1011 of such title is amended by striking the item related to section 10503 and inserting the following new item:
``10503. Functions of the National Guard Bureau: charter from the
Secretary of Defense.''.
SEC. 533. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE
CHIEF OF THE NATIONAL GUARD BUREAU.
(a) Appointment.--Subsection (a) of section 10502 of title 10, United States Code, is amended by striking paragraphs (1) through (3) and inserting the following new paragraphs:
``(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;
``(2) are recommended for such appointment by the Secretary of the Army or the Secretary of the Air Force;
``(3) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard;
``(4) are in a grade above the grade of brigadier general;
``(5) are determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience;
``(6) are determined by the Secretary of Defense to have successfully completed such other assignments and experiences so as to possess a detailed understanding of the status and capabilities of National Guard forces and the missions of the National Guard Bureau as set forth in section 10503 of this title;
``(7) have a level of operational experience in a position of significant responsibility, professional military education, and demonstrated expertise in national defense and homeland defense matters that are commensurate with the advisory role of the Chief of the National Guard Bureau; and
``(8) possess such other qualifications as the Secretary of Defense shall prescribe for purposes of this section.''.
(b) Grade.--Subsection (d) of such section is amended by striking ``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b) of such section is amended by striking ``An officer may not hold that office after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of section 10502 of such title is amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the National Guard Bureau is--
``(1) an advisor to the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff, on matters involving non-federalized National Guard forces and on other matters as determined by the Secretary of Defense; and
``(2) the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.''.
(e) Deferral of Retirement.--Section 14512(a) of such title is amended by adding at the end the following new paragraph:
``(3) The President may defer the retirement of an officer serving in the position specified in paragraph (2)(A), but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.''.
SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERVICE OF
RESERVE OFFICERS IN THE GRADE OF LIEUTENANT
GENERAL OR VICE ADMIRAL.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
``(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.--Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general, and each reserve officer of the Navy in the grade of vice admiral, shall, 30 days after completion of 38 years of commissioned service or on the fifth anniversary of the date of the officer's appointment in the grade of lieutenant general or vice admiral, whichever is later, be separated in accordance with section 14514 of this title.''.
SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL RECOGNITION
AS OFFICERS OF THE NATIONAL GUARD FROM SIX TO
TWELVE MONTHS.
Section 308(a) of title 32, United States Code, is amended by striking ``six months'' and inserting ``12 months''.
SEC. 536. SATISFACTION OF PROFESSIONAL LICENSURE AND
CERTIFICATION REQUIREMENTS BY MEMBERS OF THE
NATIONAL GUARD AND RESERVE ON ACTIVE DUTY.
(a) Additional Period Before Re-Training of Nurse Aides Is Required Under the Medicare and Medicaid Programs.--For purposes of subparagraph (D) of sections 1819(b)(5) and 1919(b)(5) of the Social Security Act (42 U.S.C. 1395i-3(b)(5), 1396r(b)(5)), if, since an individual's most recent completion of a training and competency evaluation program described in subparagraph (A) of such sections, the individual was ordered to active duty in the Armed Forces for a period of at least 12 months, and the individual completes such active duty service during the period beginning on July 1, 2007, and ending on September 30, 2008, the 24-consecutive-month period described subparagraph (D) of such sections with respect to the individual shall begin on the date on which the individual completes such active duty service. The preceding sentence shall not apply to an individual who had already reached such 24-consecutive-month period on the date on which such individual was ordered to such active duty service.
(b) Report on Relief From Requirements for National Guard and Reserve on Long-Term Active Duty.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth recommendations for such legislative action as the Secretary considers appropriate (including amendments to the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)) to provide for the exemption or tolling of professional or other licensure or certification requirements for the conduct or practice of a profession, trade, or occupation with respect to members of the National Guard and Reserve who are on active duty in the Armed Forces for an extended period of time.
Subtitle D--Education and Training
SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS
IN UNIFORMED MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS.--Section 2114(b) of title 10, United States Code, is amended by striking the second sentence and inserting the following new sentences: ``Medical students so commissioned shall be appointed as regular officers in the grade of second lieutenant or ensign, or if they meet promotion criteria prescribed by the Secretary concerned, in the grade of first lieutenant or lieutenant
(junior grade), and shall serve on active duty with full pay and allowances of an officer in the applicable grade. Any prior service of medical students on active duty shall be deemed, for pay purposes, to have been service as a warrant officer.''.
(b) Participants in Health Professions Scholarship and Financial Assistance Program.--
(1) Grade of participants.--Section 2121(c) of such title is amended by striking the second sentence and inserting the following new sentences: ``Persons so commissioned shall be appointed in the grade of second lieutenant or ensign, or if they meet promotion criteria prescribed by the Secretary concerned, in the grade of first lieutenant or lieutenant
(junior grade), and shall serve on active duty with full pay and allowances of an officer in the applicable grade for a period of 45 days during each year of participation in the program. Any prior service of such persons on active duty shall be deemed, for pay purposes, to have been service as a warrant officer.''.
(2) Service credit.--Subsection (a) of section 2126 of such title is amended to read as follows:
``(a) Service Not Creditable.--Except as provided in subsection (b), service performed while a member of the program shall not be counted in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program.''.
(c) Officers Detailed as Students at Medical Schools.--Subsection (a) of section 2004a of such title is amended by adding at the end the following new sentences: ``An officer detailed under this section shall serve on active duty, subject to the limitations on grade specified in section 2114(b) of this title. Any prior active service of such an officer shall be deemed, for pay purposes, to have been served as a warrant officer.''.
SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY
STATE UNDER STARBASE PROGRAM.
(a) Expansion.--Section 2193b(c)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``more than two academies'' and inserting ``more than four academies''; and
(2) in subparagraph (B), by striking ``in excess of two'' both places it appears and inserting ``in excess of four''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007. SEC. 553. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION
ON PHASED INCREASE IN CADET STRENGTH LIMIT AT
THE UNITED STATES MILITARY ACADEMY.
Section 4342(j)(1) of title 10, United States Code, is amended by striking the last sentence.
SEC. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND GREENPORT
HIGH SCHOOLS, SOUTHOLD, NEW YORK, AS SINGLE
INSTITUTION FOR PURPOSES OF MAINTAINING A
JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT.
Southold High School, Mattituck High School, and Greenport High School, located in Southold, New York, may be treated as a single institution for purposes of the maintenance of a unit of the Junior Reserve Officers' Training Corps of the Navy.
SEC. 555. AUTHORITY OF THE AIR UNIVERSITY TO CONFER
ADDITIONAL ACADEMIC DEGREES.
Section 9317(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
``(5) The degree of doctor of philosophy in strategic studies upon graduates of the School of Advanced Airpower Studies who fulfill the requirements for that degree in manner consistent with the guidelines of the Department of Education and the principles of the regional accrediting body for Air University.
``(6) The degree of master of air, space, and cyberspace studies upon graduates of Air University who fulfill the requirements for that degree in a manner consistent with the recommendations of the Department of Education and the principles of the regional accrediting body for Air University.
``(7) The degree of master of flight test engineering science upon graduates of the Air Force Test Pilot School who fulfill the requirements for that degree in a manner consistent with the recommendations of the Department of Education and the principles of the regional accrediting body for Air University.''.
SEC. 556. NURSE MATTERS.
(a) In General.--The Secretary of Defense may provide for the carrying out of each of the programs described in subsections (b) through (f).
(b) Service of Nurse Officers as Faculty in Exchange for Commitment to Additional Service in the Armed Forces.--
(1) In general.--One of the programs under this section may be a program in which covered commissioned officers with a graduate degree in nursing or a related field who are in the nurse corps of the Armed Force concerned serve a tour of duty of two years as a full-time faculty member of an accredited school of nursing.
(2) Covered officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer on active duty who has served for more than nine years on active duty in the Armed Forces as an officer of the nurse corps at the time of the commencement of the tour of duty described in paragraph (1).
(3) Benefits and privileges.--An officer serving on the faculty of an accredited school or nursing under this subsection shall be accorded all the benefits, privileges, and responsibilities (other than compensation and compensation-related benefits) of any other comparably situated individual serving a full-time faculty member of such school.
(4) Agreement for additional service.--Each officer who serves a tour of duty on the faculty of a school of nursing under this subsection shall enter into an agreement with the Secretary to serve upon the completion of such tour of duty for a period of four years for such tour of duty as a member of the nurse corps of the Armed Force concerned. Any service agreed to by an officer under this paragraph is in addition to any other service required of the officer under law.
(c) Service of Nurse Officers as Faculty in Exchange for Scholarships for Nurse Officer Candidates.--
(1) In general.--One of the programs under this section may be a program in which commissioned officers with a graduate degree in nursing or a related field who are in the nurse corps of the Armed Force concerned serve while on active duty a tour of duty of two years as a full-time faculty member of an accredited school of nursing.
(2) Benefits and privileges.--An officer serving on the faculty of an accredited school of nursing under this subsection shall be accorded all the benefits, privileges, and responsibilities (other than compensation and compensation-related benefits) of any other comparably situated individual serving as a full-time faculty member of such school.
(3) Scholarships for nurse officer candidates.--(A) Each accredited school of nursing at which an officer serves on the faculty under this subsection shall provide scholarships to individuals undertaking an educational program at such school leading to a degree in nursing who agree, upon completion of such program, to accept a commission as an officer in the nurse corps of the Armed Forces.
(B) The total amount of funds made available for scholarships by an accredited school of nursing under subparagraph (A) for each officer serving on the faculty of that school under this subsection shall be not less than the amount equal to an entry-level full-time faculty member of that school for each year that such officer so serves on the faculty of that school.
(C) The total number of scholarships provided by an accredited school of nursing under subparagraph (A) for each officer serving on the faculty of that school under this subsection shall be such number as the Secretary of Defense shall specify for purposes of this subsection.
(d) Scholarships for Certain Nurse Officers for Education as Nurses.--
(1) In general.--One of the programs under this section may be a program in which the Secretary provides scholarships to commissioned officers of the nurse corps of the Armed Force concerned described in paragraph (2) who enter into an agreement described in paragraph (4) for the participation of such officers in an educational program of an accredited school of nursing leading to a graduate degree in nursing.
(2) Covered nurse officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer who has served not less than 20 years on active duty in the Armed Forces and is otherwise eligible for retirement from the Armed Forces.
(3) Scope of scholarships.--Amounts in a scholarship provided a nurse officer under this subsection may be utilized by the officer to pay the costs of tuition, fees, and other educational expenses of the officer in participating in an educational program described in paragraph (1).
(4) Agreement.--An agreement of a nurse officer described in this paragraph is the agreement of the officer--
(A) to participate in an educational program described in paragraph (1); and
(B) upon graduation from such educational program--
(i) to serve not less than two years as a full-time faculty member of an accredited school of nursing; and
(ii) to undertake such activities as the Secretary considers appropriate to encourage current and prospective nurses to pursue service in the nurse corps of the Armed Forces.
(e) Transition Assistance for Retiring Nurse Officers Qualified as Faculty.--
(1) In general.--One of the programs under this section may be a program in which the Secretary provides to commissioned officers of the nurse corps of the Armed Force concerned described in paragraph (2) the assistance described in paragraph (3) to assist such officers in obtaining and fulfilling positions as full-time faculty members of an accredited school of nursing after retirement from the Armed Forces.
(2) Covered nurse officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer who--
(A) has served an aggregate of at least 20 years on active duty or in reserve active status in the Armed Forces;
(B) is eligible for retirement from the Armed Forces; and
(C) possesses a doctoral or master degree in nursing or a related field which qualifies the nurse officer to discharge the position of nurse instructor at an accredited school of nursing.
(3) Assistance.--The assistance described in this paragraph is assistance as follows:
(A) Career placement assistance.
(B) Continuing education.
(C) Stipends (in an amount specified by the Secretary).
(4) Agreement.--A nurse officer provided assistance under this subsection shall enter into an agreement with the Secretary to serve as a full-time faculty member of an accredited school of nursing for such period as the Secretary shall provide in the agreement.
(f) Benefits for Retired Nurse Officers Accepting Appointment as Faculty.--
(1) In general.--One of the programs under this section may be a program in which the Secretary provides to any individual described in paragraph (2) the benefits specified in paragraph (3).
(2) Covered individuals.--An individual described in this paragraph is an individual who--
(A) is retired from the Armed Forces after service as a commissioned officer in the nurse corps of the Armed Forces;
(B) holds a graduate degree in nursing; and
(C) serves as a full-time faculty member of an accredited school of nursing.
(3) Benefits.--The benefits specified in this paragraph shall include the following:
(A) Payment of retired or retirement pay without reduction based on receipt of pay or other compensation from the institution of higher education concerned.
(B) Payment by the institution of higher education concerned of a salary and other compensation to which other similarly situated faculty members of the institution of higher education would be entitled.
(C) If the amount of pay and other compensation payable by the institution of higher education concerned for service as an associate full-time faculty member is less than the basic pay to which the individual was entitled immediately before retirement from the Armed Forces, payment of an amount equal to the difference between such basic pay and such payment and other compensation.
(g) Administration and Duration of Programs.--
(1) In general.--The Secretary shall establish requirements and procedures for the administration of the programs authorized by this section. Such requirements and procedures shall include procedures for selecting participating schools of nursing.
(2) Duration.--Any program carried out under this section shall continue for not less than two years.
(3) Assessment.--Not later than two years after commencing any program under this section, the Secretary shall assess the results of such program and determine whether or not to continue such program. The assessment of any program shall be based on measurable criteria, information concerning results, and such other matters as the Secretary considers appropriate.
(4) Continuation.--The Secretary may continue carrying out any program under this section that the Secretary determines, pursuant to an assessment under paragraph (3), to continue to carry out. In continuing to carry out a program, the Secretary may modify the terms of the program within the scope of this section. The continuation of any program may include its expansion to include additional participating schools of nursing.
(h) Definitions.--In this section, the terms ``school of nursing'' and ``accredited'' have the meaning given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).
SEC. 557. 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''.
Subtitle E--Defense Dependents' Education Matters
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military Dependent Students.--Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations.--Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the term ``local educational agency'' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 563. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF
DEFENSE EMPLOYEES EMPLOYED ON FEDERAL PROPERTY
IN PLAN RELATING TO FORCE STRUCTURE CHANGES,
RELOCATION OF MILITARY UNITS, OR BASE CLOSURES
AND REALIGNMENTS.
Section 574(e)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) elementary and secondary school students who are dependents of personnel who are not members of the Armed Forces or civilian employees of the Department of Defense but who are employed on Federal property.''.
SEC. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARDING SCHOOL
TUITION FOR MILITARY DEPENDENTS IN OVERSEAS
AREAS NOT SERVED BY DEPARTMENT OF DEFENSE
DEPENDENTS' SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978 (20 U.S.C. 926(b)(1)) is amended in the first sentence by inserting ``, including private boarding schools in the United States,'' after ``subsection (a)''.
SEC. 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.
(a) In General.--For fiscal year 2008 and each succeeding fiscal year, the Secretary of Education shall--
(1) deem each local educational agency that was eligible to receive a fiscal year 2007 basic support payment for heavily impacted local educational agencies under section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) as eligible to receive a basic support payment for heavily impacted local educational agencies under such section for the fiscal year for which the determination is made under this subsection; and
(2) make a payment to such local educational agency under such section for such fiscal year.
(b) Effective Dates.--Subsection (a) shall remain in effect until the date that a Federal statute is enacted authorizing the appropriations for, or duration of, any program under title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) for fiscal year 2008 or any succeeding fiscal year.
SEC. 566. EMERGENCY ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES
ENROLLING MILITARY DEPENDENT CHILDREN.
(a) Short Title.--This section may be cited as the ``Help for Military Children Affected by War Act of 2007''.
(b) Assistance Authorized.--The Secretary of Defense may provide assistance to eligible local educational agencies for the additional education, counseling, and other needs of military dependent children who are affected by war-related action.
(c) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that--
(A) has a number of military dependent children in average daily attendance in the schools served by the local educational agency during the current school year, determined in consultation with the Secretary of Education, that--
(i) equaled or exceeded 20 percent of the number of all children in average daily attendance in the schools served by such agency during the current school year; or
(ii) is 1,000 or more,whichever is less; and
(B) is designated by the Secretary of Defense as impacted by--
(i) Operation Iraqi Freedom;
(ii) Operation Enduring Freedom; or
(iii) the global rebasing plan of the Department of Defense.
(2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Military dependent child.--The term ``military dependent child''--
(A) means a child described in subparagraph (B) or (D)(i) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
(B) includes a child--
(i) who resided on Federal property with a parent on active duty in the National Guard or Reserve; or
(ii) who had a parent on active duty in the National Guard or Reserve but did not reside on Federal property.
(d) Assistance.--Assistance provided under this section may be used for--
(1) tutoring, after-school, and dropout prevention activities for military dependent children with a parent who is or has been impacted by war-related action described in clause (i), (ii), or (iii) of subsection (c)(1)(B);
(2) professional development of teachers, principals, and counselors on the needs of military dependent children with a parent who is or has been impacted by war-related action described in clause (i), (ii), or (iii) of subsection
(c)(1)(B); and
(3) counseling and other comprehensive support services for military dependent children with a parent who is or has been impacted by war-related action described in clause (i), (ii), or (iii) of subsection (c)(1)(B), including the subsidization of a percentage of hiring of a military-school liaison.
Subtitle F--Military Justice and Legal Assistance Matters
SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES TO ADMINISTER
OATHS.
Section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:
``(c) The judges of the United States Court of Appeals for the Armed Forces may administer oaths.''.
SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES IN AREAS WITHOUT ACCESS TO
NON-MILITARY LEGAL ASSISTANCE.
Section 1044(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(6) Civilian employees of the Department of Defense in locations where legal assistance from non-military legal assistance providers is not reasonably available.''.
SEC. 573. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF
THE JUDGE ADVOCATE GENERALS' CORPS.
(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection (a) of section 3037 of title 10, United States Code, is amended by striking the third sentence and inserting the following new sentence: ``The Judge Advocate General, while so serving, has the grade of lieutenant general.''.
(2) Redesignation of assistant judge advocate general as deputy judge advocate general.--Such section is further amended--
(A) in subsection (a), by striking ``Assistant Judge Advocate General'' each place it appears and inserting
``Deputy Judge Advocate General''; and
(B) in subsection (d), by striking ``Assistant Judge Advocate General'' and inserting ``Deputy Judge Advocate General''.
(3) Conforming and clerical amendments.--(A) The heading of such section is amended by striking ``ASSISTANT JUDGE ADVOCATE GENERAL'' and inserting ``DEPUTY JUDGE ADVOCATE GENERAL''.
(B) The table of sections at the beginning of chapter 305 of such title is amended in the item relating to section 3037 by striking ``Assistant Judge Advocate General'' and inserting ``Deputy Judge Advocate General''.
(b) Grade of Judge Advocate General of the Navy.--Section 5148(b) of such title is amended in subsection by striking the last sentence and inserting the following new sentence:
``The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--Section 8037(a) of such title is amended by striking the last sentence and inserting the following new sentence: ``The Judge Advocate General, while so serving, has the grade of lieutenant general.''.
(d) Exclusion From Active-Duty General and Flag Officer Strength and Distribution Limitations.--Section 525(b) of such title is amended by adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the Army, the Judge Advocate General of the Navy, or the Judge Advocate General of the Air Force is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral under paragraph
(1) or (2), as applicable.''.
(e) Legal Counsel to Chairman of the Joint Chiefs of Staff.--
(1) In general.--Chapter 5 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 156. Legal Counsel to the Chairman of the Joint Chiefs of Staff
``(a) In General.--There is a Legal Counsel to the Chairman of the Joint Chiefs of Staff.
``(b) Selection for Appointment.--Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be recommended by a board of officers convened by the Secretary of Defense that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
``(c) Grade.--An officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall, while so serving, hold the grade of brigadier general or rear admiral (lower half).
``(d) Duties.--The Legal Counsel of the Chairman of the Joint Chiefs of Staff shall perform such legal duties in support of the responsibilities of the Chairman of the Joint Chiefs of Staff as the Chairman may prescribe.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item:
``156. Legal Counsel to the Chairman of the Joint Chiefs of Staff.''.
Subtitle G--Military Family Readiness
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS
COUNCIL.
(a) In General.--Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781 the following new section:
``Sec. 1781a. Department of Defense Military Family Readiness
Council
``(a) In General.--There is in the Department of Defense the Department of Defense Military Family Readiness Council
(hereafter in this section referred to as the `Council').
``(b) Members.--(1) The members of the Council shall be the following:
``(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council.
``(B) One representative of each of the Army, the Navy, the Marine Corps, and the Air Force, who shall be appointed by Secretary of Defense.
``(C) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations (including military family organizations of families of members of the regular components and of families of members of the reserve components), of whom not less than two shall be members of the family of an enlisted member of the armed forces.
``(D) In addition to the members appointed under subparagraphs (B) and (C), eight individuals appointed by the Secretary of Defense, of whom--
``(i) one shall be a commissioned officer of the Army or spouse of a commissioned officer of the Army, and one shall be an enlisted member of the Army or spouse of an enlisted member of the Army, except that of the individuals appointed under this clause at any particular time, one shall be a member of the Army and the other shall be a spouse of a member of the Army;
``(ii) one shall be a commissioned officer of the Navy or spouse of a commissioned officer of the Navy, and one shall be an enlisted member of the Navy or spouse of an enlisted member of the Navy, except that of the individuals appointed under this clause at any particular time, one shall be a member of the Navy and the other shall be a spouse of a member of the Navy;
``(iii) one shall be a commissioned officer of the Marine Corps or spouse of a commissioned officer of the Marine Corps, and one shall be an enlisted member of the Marine Corps or spouse of an enlisted member of the Marine Corps, except that of the individuals appointed under this clause at any particular time, one shall be a member of the Marine Corps and the other shall be a spouse of a member of the Marine Corps; and
``(iv) one shall be a commissioned officer of the Air Force or spouse of a commissioned officer of the Air Force, and one shall be an enlisted member of the Air Force or spouse of an enlisted member of the Air Force, except that of the individuals appointed under this clause at any particular time, one shall be a member of the Air Force and the other shall be a spouse of a member of the Air Force.
``(2) The term on the Council of the members appointed under paragraph (1)(C) shall be three years.
``(c) Meetings.--The Council shall meet not less often than twice each year. Not more than one meeting of the Council each year shall be in the National Capital Region.
``(d) Duties.--The duties of the Council shall include the following:
``(1) To review and make recommendations to the Secretary of Defense on the policy and plans required under section 1781b of this title.
``(2) To monitor requirements for the support of military family readiness by the Department of Defense.
``(3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense.
``(e) Annual Reports.--(1) Not later than February 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on military family readiness.
``(2) Each report under this subsection shall include the following:
``(A) An assessment of the adequacy and effectiveness of the military family readiness programs and activities of the Department of Defense during the preceding fiscal year in meeting the needs and requirements of military families.
``(B) Recommendations on actions to be taken to improve the capability of the military family readiness programs and activities of the Department of Defense to meet the needs and requirements of military families, including actions relating to the allocation of funding and other resources to and among such programs and activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1781 the following new item:
``1781a. Department of Defense Military Family Readiness Council.''.
SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS FOR MILITARY
FAMILY READINESS.
(a) Policy and Plans Required.--
(1) In general.--Subchapter I of chapter 88 of title 10, United States Code, as amended by section 581 of this Act, is further amended by inserting after section 1781a the following new section:
``Sec. 1781b. Department of Defense policy and plans for military family readiness
``(a) In General.--The Secretary of Defense shall develop a policy and plans for the Department of Defense for the support of military family readiness.
``(b) Purposes.--The purposes of the policy and plans required under subsection (a) are as follows:
``(1) To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported.
``(2) To ensure that support is continuously available to military families in peacetime and in war, as well as during periods of force structure change and relocation of military units.
``(3) To ensure that the military family readiness programs and activities of the Department of Defense are available to all military families, including military families of members of the regular components and military families of members of the reserve components.
``(4) To ensure that the goal of military family readiness is an explicit element of applicable Department of Defense plans, programs, and budgeting activities, and that achievement of military family readiness is expressed through Department-wide goals that are identifiable and measurable.
``(5) To ensure that the military family readiness programs and activities of the Department of Defense undergo continuous evaluation in order to ensure that resources are allocated and expended for such programs and activities in the most effective possible manner throughout the Department.
``(c) Elements of Policy.--The policy required under subsection (a) shall include the following elements:
``(1) A definition for treating a program or activity of the Department of Defense as a military family readiness program or activity.
``(2) Department of Defense-wide goals for military family support, both for military families of members of the regular components and military families of members of the reserve components.
``(3) Requirements for joint programs and activities for military family support.
``(4) Policies on access to military family support programs and activities based on military family populations served and geographical location.
``(5) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense.
``(d) Elements of Plans.--(1) Each plan under required under subsection (a) shall include the elements specified in paragraph (2) for the five-fiscal year period beginning with the fiscal year in which such plan is submitted under paragraph (3).
``(2) The elements in each plan required under subsection
(a) shall include, for the period covered by such plan, the following:
``(A) An ongoing identification and assessment of the effectiveness of the military family readiness programs and activities of the Department of Defense in meeting goals for such programs and activities, which assessment shall evaluate such programs and activities separately for each military department and for each regular component and each reserve component.
``(B) A description of the resources required to support the military family readiness programs and activities of the Department of Defense, including the military personnel, civilian personnel, and volunteer personnel so required.
``(C) An ongoing identification in gaps in the military family readiness programs and activities of the Department of Defense, and an ongoing identification of the resources required to address such gaps.
``(D) Mechanisms to apply the metrics developed under subsection (c)(5).
``(E) A summary, by fiscal year, of the allocation of funds
(including appropriated funds and nonappropriated funds) for major categories of military family readiness programs and activities of the Department of Defense, set forth for each of the military departments and for the Office of the Secretary of Defense.
``(3) Not later than March 1, 2008, and each year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the plans required under subsection (a) for the five-fiscal year period beginning with the fiscal year beginning in the year in which such report is submitted. Each report shall include the plans covered by such report and an assessment of the discharge by the Department of Defense of the previous plans submitted under this subsection.''.
(2) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 88 of such title, as so amended, is further amended by inserting after the item relating to section 1781a the following new item:
``1781b. Department of Defense policy and plans for military family readiness.''.
(3) Report on policy.--The Secretary of Defense shall submit to the congressional defense committees a report setting forth the policy developed under section 1781b of title 10, United States Code (as added by this subsection), not later than February 1, 2009.
(b) Surveys of Military Families.--Section 1782(a) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Authority'' and inserting
``In General''; and
(2) by striking ``may conduct surveys'' in the matter preceding paragraph (1) and inserting ``shall, in fiscal year 2009 and not less often than once every three fiscal years thereafter, conduct surveys''.
SEC. 583. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE ARMED
FORCES UNDERGOING DEPLOYMENT, INCLUDING
NATIONAL GUARD AND RESERVE PERSONNEL.
(a) Family Support.--
(1) In general.--The Secretary of Defense shall enhance and improve current programs of the Department of Defense to provide family support for families of deployed members of the Armed Forces, including deployed members of the National Guard and Reserve, in order to improve the assistance available for families of such members before, during, and after their deployment cycle.
(2) Specific enhancements.--In enhancing and improving programs under paragraph (1), the Secretary shall enhance and improve the availability of assistance to families of members of the Armed Forces, including members of the National Guard and Reserve, including assistance in--
(A) preparing and updating family care plans;
(B) securing information on health care and mental health care benefits and services and on other community resources;
(C) providing referrals for--
(i) crisis services; and
(ii) marriage counseling and family counseling; and
(D) financial counseling.
(b) Post-Deployment Assistance for Spouses and Parents of Returning Members.--
(1) In general.--The Secretary of Defense shall provide spouses and parents of members of the Armed Forces, including members of the National Guard and Reserve, who are returning from deployment assistance in--
(A) understanding issues that arise in the readjustment of such members--
(i) for members of the National Guard and Reserve, to civilian life; and
(ii) for members of the regular components of the Armed Forces, to military life in a non-combat environment;
(B) identifying signs and symptoms of mental health conditions; and
(C) encouraging such members and their families in seeking assistance for such conditions.
(2) Information on available resources.--In providing assistance under paragraph (1), the Secretary shall provide information on local resources for mental health services, family counseling services, or other appropriate services, including services available from both military providers of such services and community-based providers of such services.
(3) Timing.--The Secretary shall provide resources under paragraph (1) to a member of the Armed Forces approximately six months after the date of the return of such member from deployment.
SEC. 584. SUPPORT SERVICES FOR CHILDREN, INFANTS, AND
TODDLERS OF MEMBERS OF THE ARMED FORCES
UNDERGOING DEPLOYMENT, INCLUDING NATIONAL GUARD
AND RESERVE PERSONNEL.
(a) Enhancement of Support Services for Children.--The Secretary of Defense shall--
(1) provide information to parents and other caretakers of children, including infants and toddlers, who are deployed members of the Armed Forces to assist such parents and caretakers in responding to the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children, including the role such parents and caretakers can play in addressing and mitigating such implications;
(2) develop programs and activities to increase awareness throughout the military and civilian communities of the potential adverse implications of such deployment (including the death or injury of such members during such deployment) for such children and their families and to increase collaboration within such communities to address and mitigate such implications;
(3) develop training for early childhood education, child care, 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 potential adverse implications of such deployment (including the death or injury of such members during such deployment) for such children; and
(4) conduct or sponsor research on best practices for building psychological and emotional resiliency in such children in coping with the deployment of such members.
(b) Reports.--
(1) Reports required.--At the end of the 18-month period beginning on the date of the enactment of this Act, and at the end of the 36-month period beginning on that date, the Secretary of Defense shall submit to Congress a report on the services provided under subsection (a).
(2) Elements.--Each report under paragraph (1) shall include the following:
(A) An assessment of the extent to which outreach to parents and other caretakers of children, or infants and toddlers, as applicable, of members of the Armed Forces was effective in reaching such parents and caretakers and in mitigating any adverse effects of the deployment of such members on such children or infants and toddlers.
(B) An assessment of the effectiveness of training materials for education, mental health, health, and family support professionals in increasing awareness of their role in assisting families in addressing and mitigating the adverse effects on children, or infants and toddlers, of the deployment of deployed members of the Armed Forces, including National Guard and Reserve personnel.
(C) A description of best practices identified for building psychological and emotional resiliency in children, or infants and toddlers, in coping with the deployment of deployed members of the Armed Forces, including National Guard and Reserve personnel.
(D) A plan for dissemination throughout the military departments of the most effective practices for outreach, training, and building psychological and emotional resiliency in the children of deployed members.
SEC. 585. STUDY ON IMPROVING SUPPORT SERVICES FOR CHILDREN,
INFANTS, AND TODDLERS OF MEMBERS OF THE ACTIVE
AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT.
(a) Study Required.--
(1) Study.--The Secretary of Defense shall conduct a study to evaluate the feasibility and advisability of entering into a contract or other agreement with a private sector entity having expertise in the health and well-being of families and children, infants, and toddlers in order to enhance and develop support services for children of members of the Active and Reserve Components who are deployed.
(2) Types of support services.--In conducting the study, the Secretary shall consider the need--
(A) to develop materials for parents and other caretakers of children of members of the Active and Reserve Components who are deployed to assist such parents and caretakers in responding to the adverse implications of such deployment
(and the death or injury of such members during such deployment) for such children, including the role such parents and caretakers can play in addressing and mitigating such implications;
(B) to develop programs and activities to increase awareness throughout the military and civilian communities of the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children and their families and to increase collaboration within such communities to address and mitigate such implications;
(C) to develop 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 (and the death or injury of such members during such deployment) for such children; and
(D) to conduct research on best practices for building psychological and emotional resiliency in such children in coping with the deployment of such members.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a).
SEC. 586. STUDY ON ESTABLISHMENT OF PILOT PROGRAM ON FAMILY-
TO-FAMILY SUPPORT FOR FAMILIES OF DEPLOYED
MEMBERS OF THE ACTIVE AND RESERVE COMPONENTS.
(a) Study.--The Secretary of Defense shall carry out a study to evaluate the feasibility and advisability of establishing a pilot program on family-to-family support for families of deployed members of the Active and Reserve Components. The study shall include an assessment of the following:
(1) The effectiveness of family-to-family support programs in--
(A) providing peer support for families of deployed members of the Active and Reserve Components;
(B) identifying and preventing family problems in such families;
(C) reducing adverse outcomes for children of such families, including poor academic performance, behavioral problems, stress, and anxiety; and
(D) improving family readiness and post-deployment transition for such families.
(2) The feasibility and advisability of utilizing spouses of members of the Armed Forces as counselors for families of deployed members of the Active and Reserve Components, in order to assist such families in coping throughout the deployment cycle.
(3) Best practices for training spouses of members of the Armed Forces to act as counselors for families of deployed members of the Active and Reserve Components.
(b) Report.--The Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a) not later than 180 days after the date of the enactment of this Act.
SEC. 587. PILOT PROGRAM ON MILITARY FAMILY READINESS AND
SERVICEMEMBER REINTEGRATION.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of providing assistance and support to the Adjutant General of a State or territory of the United States to create comprehensive soldier and family preparedness and reintegration outreach programs for members of the Armed Forces and their families to further the purposes described in section 1781b(b) of title 10, United States Code, as added by section 582(a) of this Act.
(2) Coordination.--In carrying out the pilot program, the Secretary shall--
(A) coordinate with the Department of Defense Military Family Readiness Council (established under section 1781a of title, United States Code, as added by section 581 of this Act); and
(B) consult with the Secretary of Veterans Affairs.
(3) Designation.--The pilot program established pursuant to paragraph (1) shall be known as the ``National Military Family Readiness and Servicemember Reintegration Outreach Program'' (in this section referred to as ``the pilot program'').
(b) Assistance Provided.--The Secretary shall carry out the pilot program through assistance and support to the Adjutant General of a State or territory of the United States.
(c) Purpose of Assistance and Support.--
(1) The pilot program 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 that meet the purposes of section 1781b(b) of title 10, United States Code, as added by section 582(a) of this Act, and to assist such members and their family members in obtaining such assistance and services. Such assistance and services may include the following:
(A) Marriage counseling.
(B) Services for children.
(C) Suicide prevention.
(D) Substance abuse awareness and treatment.
(E) Mental health awareness and treatment.
(F) Financial counseling.
(G) Anger management counseling.
(H) Domestic violence awareness and prevention.
(I) Employment assistance.
(J) Development of strategies for living with a member of the Armed Forces with post traumatic stress disorder or traumatic brain injury.
(K) 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.
(L) Assisting members of the Armed Forces and their families find and receive assistance with military family readiness and servicemember reintegration, including referral services.
(M) 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.
(N) Assisting members of the Armed Forces and their families in receiving services and assistance from the Department of Veterans Affairs, including referral services.
(2) Provision of outreach services.--A recipient of a grant under this section shall carry out programs of outreach in accordance with paragraph (1) to members of the Armed Forces and their families before, during, between, and after deployment of such members of the Armed Forces.
(d) Selection of Grant Recipients.--
(1) Application.--An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate.
(2) Elements.--An application submitted under subparagraph
(A) shall include such elements as the Secretary considers appropriate.
(3) Priority.--In selecting eligible entities to receive grants under the pilot program, the Secretary shall give priority to eligible entities that propose programs with a focus on personal outreach to members of the Armed Forces and their families by trained staff (with preference given to veterans and, in particular, veterans of combat) conducted in person.
Subtitle H--Other Matters
SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.
(a) Increase in Accumulation of Carryover Amount.--
(1) In general.--Subsection (b) of section 701 of title 10, United States Code, is amended by striking ``60 days'' and inserting ``90 days''.
(2) High deployment members.--Paragraph (1) of subsection
(f) of such section is amended--
(A) by striking ``60 days'' each place it appears and inserting ``90 days''; and
(B) in subparagraph (C), by striking ``third fiscal year'' and inserting ``fourth fiscal year''.
(3) Members serving in support of contingency operations.--Paragraph (2) of subsection (f) of such section is amended by striking ``except for this paragraph--'' and all that follows and inserting ``except for this paragraph, would lose any accumulated leave in excess of 90 days at the end of that fiscal year, shall be permitted to retain such leave until the end of the second fiscal year after the fiscal year in which such service on active duty is terminated.''.
(4) Conforming amendments.--Subsection (g) of such section is amended--
(A) by striking ``60-day'' and inserting ``90-day''; and
(B) by striking ``90-day'' and inserting ``120-day''.
(b) Pay.--Section 501(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:
``(6) An enlisted member of the armed forces who would lose accumulated leave in excess of 120 days of leave under section 701(f)(1) of title 10 may elect to be paid in cash or by a check on the Treasurer of the United States for any leave in excess so accumulated for up to 30 days of such leave. A member may make an election under this paragraph only once.''.
(c) Effective Date.--
(1) Increase in accumulation.--The amendments made by subsection (a) shall take effect on October 1, 2008.
(2) Pay.--The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.
SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILITARY BANDS.
(a) In General.--Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 988. Performances by military bands
``(a) In General.--Department of Defense bands, ensembles, choruses, or similar musical units, including individual members thereof performing in an official capacity, may not--
``(1) engage in the performance of music in competition with local civilian musicians; or
``(2) receive remuneration for official performances.
``(b) Performance of Music in Competition With Local Civilian Musicians Defined.--In this section, the term
`performance of music in competition with local civilian musicians'--
``(1) includes--
``(A) a performance of music that is more than incidental to an event that is not supported solely by appropriated funds or free to the public; and
``(B) a performance of background, dinner, dance, or other social music at any event, regardless of location, that is not supported solely by appropriated funds; but
``(2) does not include a performance of music--
``(A) at an official Federal Government event that is supported solely by appropriated funds;
``(B) at a concert, parade, or other event of a patriotic nature (including a celebration of a national holiday) that is free to the public; or
``(C) that is incidental to an event that is not supported solely by appropriated funds, including a short performance of military or patriotic music at the beginning or end of an event, if the performance complies with such regulations as the Secretary of Defense shall prescribe for purposes of this section.
``(c) Members of Department of Defense Bands Performing in Personal Capacity.--A member of a Department of Defense band, ensemble, chorus, or similar musical unit may perform music in the member's personal capacity, as an individual or part of a group, whether for remuneration or otherwise, if in so performing the member does not wear a military uniform or otherwise identify the member as a member of the Department of Defense, as provided in applicable regulations and standards of conduct.
``(d) Recordings.--(1) When authorized pursuant to regulations prescribed by the Secretary of Defense for purposes of this section, Department of Defense bands, ensembles, choruses, or similar musical units may produce recordings for distribution to the public, at a cost not to exceed production and distribution expenses.
``(2) Amounts received in payment for recording distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of such recordings. Any amounts so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.''.
(b) Conforming Repeals.--Sections 3634, 6223, and 8634 of such title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item:
``988. Performances by military bands.''.
(2) The table of sections at the beginning of chapter 349 of such title is amended by striking the item relating to section 3634.
(3) The table of sections at the beginning of chapter 565 of such title is amended by striking the item relating to section 6223.
(4) The table of sections at the beginning of chapter 849 of such title is amended by striking the item relating to section 8634.
SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF MEDALS OF
HONOR TO CERTAIN MEMBERS OF THE ARMY.
(a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the military service, the President may award the Medal of Honor under section 3741 of that title to any of the persons named in subsections (b), (c), (d), (e), and (f) for the acts of valor referred to in the respective subsections.
(b) Woodrow Keeble.--Subsection (a) applies with respect to Woodrow W. Keeble, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty as an acting platoon leader on October 20, 1950, during the Korean War.
(c) Leslie Sabo, Jr.--Subsection (a) applies with respect to Leslie H. Sabo, Jr., for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on May 10, 1970, as an Army soldier, serving in the grade of Specialist Grade Four in Vietnam, with Company B, 3d Battalion, 506th Infantry Regiment, 101st Airborne Division.
(d) Philip Shadrach.--Subsection (a) applies with respect to Philip G. Shadrach, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on April 12, 1862, as a Union Soldier, serving in the grade of Private during the Civil War, with Company K, 2nd Ohio Volunteer Infantry Regiment.
(e) Henry Svehla.--Subsection (a) applies with respect to Henry Svehla, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on June 12, 1952, as an Army soldier, serving in the grade of Private First Class in Korea, with Company F, 32d Infantry Regiment, 7th Infantry Division.
(f) George Wilson.--Subsection (a) applies with respect to George D. Wilson, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on April 12, 1862, as a Union Soldier, serving in the grade of Private during the Civil War, with Company B, 2nd Ohio Volunteer Infantry Regiment.
SEC. 594. 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''.
SEC. 595. DEMONSTRATION PROJECTS ON THE PROVISION OF SERVICES
TO MILITARY DEPENDENT CHILDREN WITH AUTISM.
(a) Demonstration Projects Authorized.--
(1) In general.--The Secretary of Defense may conduct one or more demonstration projects to evaluate improved approaches to the provision of education and treatment services to military dependent children with autism.
(2) Purpose.--The purpose of any demonstration project carried out under this section shall be to evaluate strategies for integrated treatment and case manager services that include 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.
(b) Review of Best Practices.--In carrying out demonstration projects under this section, the Secretary of Defense shall, in coordination with the Secretary of Education, conduct a review of best practices in the United States in the provision of education 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 members of the Armed Forces who qualify for enrollment in the Exceptional Family Member Program of the Department of Defense are assigned.
(c) Elements.--
(1) Enrollment in exceptional family member program.--Military dependent children may participate in a demonstration project under this section only if their military sponsor is enrolled in the Exceptional Family Member Program of the Department of Defense.
(2) Case managers.--Each demonstration project shall include the assignment of both medical and special education services case managers which shall be required under the Exceptional Family Member Program pursuant to the policy established by the Secretary of Defense.
(3) Individualized services plan.--Each demonstration project shall provide for the voluntary development for military dependent children with autism participating in such demonstration project of individualized autism services plans for use by Department of Defense medical and special education services case managers, caregivers, and families to ensure continuity of services throughout the active military service of their military sponsor.
(4) 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 military dependent children with autism who are participating in the demonstration projects; and
(B) to provide appropriate training in the provision of approved services to such children.
(5) Services under corporate services provider model.--(A) In carrying out the demonstration projects, the Secretary may utilize a corporate services provider model.
(B) Employees of a provider under a model referred to in subparagraph (A) shall include personnel who implement special educational and behavioral intervention plans for military dependent children with autism that are developed, reviewed, and maintained by supervisory level providers approved by the Secretary.
(C) In authorizing such a model, the Secretary shall establish--
(i) minimum education, training, and experience criteria required to be met by employees who provide services to military dependent children with autism;
(ii) requirements for supervisory personnel and supervision, including requirements for supervisor credentials and for the frequency and intensity of supervision; and
(iii) such other requirements as the Secretary considers appropriate to ensure safety and the protection of the children who receive services from such employees under the demonstration projects.
(6) Construction with other services.--Services provided to military dependent children with autism under the demonstration projects under this section shall be in addition to any other publicly-funded special education services available in a location in which their military sponsor resides.
(d) Period.--
(1) Commencement.--If the Secretary determines to conduct demonstration projects under this section, the Secretary shall commence any such demonstration projects not later than 180 days after the date of the enactment of this Act.
(2) Minimum period.--Any demonstration projects conducted under this section shall be conducted for not less than two years.
(e) Evaluation.--
(1) In general.--The Secretary shall conduct an evaluation of each demonstration project conducted under this section.
(2) Elements.--The evaluation of a demonstration project under this subsection shall include the following:
(A) An assessment of the extent to which the activities under the demonstration project contributed to positive outcomes for military dependent children with autism and their families.
(B) An assessment of the extent to which the activities under the demonstration project led to improvements in services and continuity of care for children with autism.
(C) An assessment of the extent to which the activities under the demonstration project improved military family readiness and enhanced military retention.
(f) Reports.--Not later than 30 months after the commencement of any demonstration project authorized by this section, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such demonstration project. The report on a demonstration project shall include a description of such project, the results of the evaluation under subsection (e) with respect to such project, and a description of plans for the further provision of services for military dependent children with autism under such project.
SEC. 596. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE
FROM ACTIVE DUTY.
The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, modify the Certificate of Release or Discharge from Active Duty (Department of Defense from DD214) in order to permit a member of the Armed Forces, upon discharge or release from active duty in the Armed Forces, to elect the forwarding of the Certificate to the following:
(1) The Central Office of the Department of Veterans Affairs in Washington, District of Columbia.
(2) The appropriate office of the United States Department of Veterans in the State in which the member will first reside after such discharge or release.
SEC. 597. ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.
(a) Clinical Review of Administrative Separations Based on Personality Disorder.--
(1) Review of separations of certain members.--Not later than 30 days after the date of the enactment of this Act, and continuing until the Secretary of Defense submits to Congress the report required by subsection (b), a covered member of the Armed Forces may not, except as provided in paragraph
(2), be administratively separated from the Armed Forces on the basis of a personality disorder.
(2) Clinical review of proposed separations based on personality disorder.--
(A) In general.--A covered member of the Armed Forces may be administratively separated from the Armed Forces on the basis of a personality disorder under this paragraph if a clinical review of the case is conducted by a senior officer in the office of the Surgeon General of the Armed Force concerned who is a credentialed mental health provider and who is fully qualified to review cases involving maladaptive behavior (personality disorder), diagnosis and treatment of post-traumatic stress disorder, or other mental health conditions.
(B) Purposes of review.--The purposes of the review with respect to a member under subparagraph (A) are as follows:
(i) To determine whether the diagnosis of personality order in the member is correct and fully documented.
(ii) To determine whether evidence of other mental health conditions (including depression, post-traumatic stress disorder, substance abuse, or traumatic brain injury) resulting from service in a combat zone may exist in the member which indicate that the separation of the member from the Armed Forces on the basis of a personality disorder is inappropriate pending diagnosis and treatment, and, if so, whether initiation of medical board procedures for the member is warranted.
(b) 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 order 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 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 Forces, 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 prematurely or unjustly on the basis of a personality order.
(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 prematurely or unjustly 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.
(c) 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 on 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 prematurely or unjustly separated from the Armed Forces on the basis of a personality disorder.
(d) 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 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.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2008 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2008, the rates of monthly basic pay for members of the uniformed services are increased by 3.5 percent.
SEC. 602. ALLOWANCE FOR PARTICIPATION OF RESERVES IN
ELECTRONIC SCREENING.
(a) Allowance for Participation in Electronic Screening.--
(1) In general.--Chapter 7 of title 37, United States Code, is amended by inserting after section 433 the following new section:
``Sec. 433a. Allowance for participation in Ready Reserve screening
``(a) Allowance Authorized.--(1) Under regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, if such participation is conducted through electronic means.
``(2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation in the screening described in paragraph (1), and shall constitute payment in full to the member for participation in such screening, regardless of the grade or rank in which the member is serving.
``(b) Maximum Payment.--The aggregate amount of the stipend paid a member of the Individual Ready Reserve under this section in any calendar year may not exceed $50.
``(c) Payment Requirements.--(1) The stipend authorized by this section may not be disbursed in kind.
``(2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 433 the following new item:
``433a. Allowance for participation in Ready Reserve screening.''.
(b) Bar to Dual Compensation.--Section 206 of such title is amended by adding at the end the following new subsection:
``(f) A member of the Individual Ready Reserve is not entitled to compensation under this section for participation in screening for which the member is paid a stipend under section 433a of this title.''.
(c) Bar to Retirement Credit.--Section 12732(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(8) Service in the screening performed pursuant to section 10149 of this title through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under section 433a of title 37.''.
SEC. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF
MEMBERS PARTICIPATING IN THRIFT SAVINGS PLAN.
Section 1014 of title 37, United States Code, is amended by adding at the end the following new subsection:
``(c) Subsection (a) does not preclude a payment with respect to a member who elects to participate in the Thrift Savings Plan under section 211 of this title of an amount equal to one-half of the monthly deposit to the Thrift Savings Fund otherwise to be made by the member in participating in the Plan, which amount shall be deposited in the Fund at midmonth.''.
SEC. 604. 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
``(a) Allowance Authorized.--Under regulations prescribed by the Secretary of Defense, the Secretary concerned may reimburse a member of the Selected Reserve of the Ready Reserve described in subsection (b) for travel expenses for travel to an inactive duty training location to perform inactive duty training.
``(b) Eligible Members.--A member of the Selected Reserve of the Ready Reserve described in this subsection is a member who--
``(1) is--
``(A) qualified in a skill designated as critically short by the Secretary concerned;
``(B) assigned to a unit of the Selected Reserve with a critical manpower shortage, or is in a pay grade in the member's reserve component with a critical manpower shortage; or
``(C) 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; and
``(2) commutes a distance from the member's permanent residence to the member's inactive duty training location that is outside the normal commuting distance (as determined under regulations prescribed by the Secretary of Defense) for that commute.
``(c) Maximum Amount.--The maximum amount of reimbursement provided a member under subsection (a) for each round trip to a training location shall be $300.
``(d) 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.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007. No reimbursement may be provided under section 408a of title 37, United States Code
(as added by subsection (a)), for travel costs incurred before October 1, 2007.
SEC. 605. 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''.
(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section 308c(i) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units.--Section 308d(c) of such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior Service.--Section 308g(f)(2) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service.--Section 308h(e) of such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior Service.--Section 308i(f) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) of title 10, United States Code, is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve.--Section 16302(d) of such title is amended by striking ``January 1, 2008'' and inserting ``January 1, 2009''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of title 37, United States Code, is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties.--Section 302g(e) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(h) Accession Bonus for Medical Officers in Critically Short Wartime Specialties.--Section 302k(f) of such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(i) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties.--Section 302l(g) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.--Section 312(f) of title 37, United States Code, is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(c) Enlistment Bonus.--Section 309(e) of such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units.--Section 323(i) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(e) Accession Bonus for New Officers in Critical Skills.--Section 324(g) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage.--Section 326(g) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(g) Accession Bonus for Officer Candidates.--Section 330(f) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR
RETENTION BONUS FOR MEDICAL OFFICERS OF THE
ARMED FORCES.
(a) Incentive Special Pay.--Section 302(b)(1) of title 37, United States Code, is amended by striking ``$50,000'' and inserting ``$75,000''.
(b) Multiyear Retention Bonus.--Section 301d(a)(2) of such title is amended by striking ``$50,000'' and inserting
``$75,000''.
(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
(a) Increase.--Section 302b(a)(4) of title 37, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``at the following rates'' and inserting ``at a rate determined by the Secretary concerned, which rate may not exceed the following'';
(2) in subparagraph (A), by striking ``$4,000'' and inserting ``$10,000''; and
(3) in subparagraph (B), by striking ``$6,000'' and inserting ``$12,000''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007, and shall apply to payments of dental officer additional special pay under agreements entered into under section 302b(b) of title 37, United States Code, on or after that date.
SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.
(a) In General.--The text of section 305 of title 37, United States Code, is amended to read as follows:
``(a) Authority.--A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.
``(b) Payment on Monthly or Lump Sum Basis.--Special pay payable under this section may be paid on a monthly basis or in a lump sum.
``(c) Maximum Rate or Amount.--(1) The maximum monthly rate of special pay payable to a member on a monthly basis under this section is $1,500.
``(2) The amount of the lump sum payment of special pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of--
``(A) the maximum monthly rate authorized under paragraph
(1) at the time the member qualifies for payment of special pay on a lump sum basis under this section; and
``(B) the number of months for which special pay on a lump sum basis under this section is payable to the member.
``(d) Relationship to Other Pay and Allowances.--Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
``(e) Repayment.--A member who is paid special pay in a lump sum under this section, but who fails to complete the period of service for which such special pay is paid, shall be subject to the repayment provisions of section 303a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific rates at which special pay payable under this section on a monthly basis shall be paid.''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to hardship duty pay payable on or after that date.
SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREWMEMBER OF
MULTI-CREWED SHIP IN SEA DUTY FOR CAREER SEA
PAY.
(a) In General.--Section 305a(e)(1)(A) of title 37, United States Code, is amended--
(1) in clause (ii), by striking ``or'' at the end; and
(2) by adding at the end the following new clause:
``(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to months beginning on or after that date.
SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Minimum Period of Reenlistment.--Subsection (a)(2) of section 308b of title 37, United States Code, is amended by striking ``for a period of three years or for a period of six years'' and inserting ``for a period of not less than three years''.
(b) Amount of Bonus.--Subsection (b)(1) of such section is amended by striking ``may not exceed--'' and all that follows and inserting ``may not exceed $15,000.''.
(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to reenlistments or extensions of enlistment that occur on or after that date.
SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE COVERED
BY AGREEMENTS FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIODS OF ACTIVE DUTY.
(a) Increase.--Section 312 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking ``26 years'' and inserting ``30 years''; and
(2) in subsection (e)(1), by striking ``26 years'' and inserting ``30 years''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to agreements, including new agreements, entered into under section 312 of title 37, United States Code, on or after that date.
SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY LIMIT FOR
RETENTION BONUS FOR CRITICAL MILITARY SKILLS
WITH RESPECT TO CERTAIN MEMBERS.
(a) Authority.--Section 323(e) of title 37, United States Code, is amended by adding at the end the following new paragraph:
``(4) The limitations in paragraph (1) may be waived by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to a member who is assigned duties in a critical skill designated by such Secretary for purposes of this paragraph during the period of active duty for which the bonus is being offered.''.
(b) Effective Date.--The amendment made by this section shall take effect on October 1, 2007, and shall apply with respect to written agreements that are executed, or reenlistments or extensions of enlistment that occur, under section 323 of title 37, United States Code, on or after that date. SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHORITY TO PAY
BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER
OTHER PERSONS FOR ENLISTMENT IN THE ARMY.
(a) Codification and Improvement of Bonus Authority.--
(1) In general.--Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
``Sec. 331. Bonus to encourage Army personnel to refer other persons for enlistment in the Army
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of the Army may pay a bonus under this section to an individual referred to in paragraph
(2) who refers to an Army recruiter a person who has not previously served in an armed force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve.
``(2) Individuals eligible for bonus.--Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:
``(A) A member in the regular component of the Army.
``(B) A member of the Army National Guard.
``(C) A member of the Army Reserve.
``(D) A member of the Army in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired pay.
``(E) A civilian employee of the Department of the Army.
``(b) Referral.--For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts an Army recruiter on behalf of a person interested in enlisting in the Army; or
``(2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).
``(3) Junior reserve officers' training corps instructors.--A member of the Army detailed under subsection
(c)(1) of section 2031 of title 10 to serve as an administrator or instructor in the Junior Reserve Officers' Training Corps program or a retired member of the Army employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the commencement of basic training by the person.
``(2) Not more than $1,000 shall be paid upon the completion of basic training and individual advanced training by the person.
``(f) Relation to Prohibition on Bounties.--The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under this section to a member of the Army in a retired status is in addition to any compensation to which the member is entitled under title 10, 37, or 38, or any other provision of law.
``(h) Duration of Authority.--A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item:
``331. Bonus to encourage Army personnel to refer other persons for enlistment in the Army.''.
(b) Repeal of Superseded Authority.--Section 645 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163), as amended, is repealed.
(c) Payment of Bonuses Under Superseded Authority.--Any bonus payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as amended, as of the day before the date of the enactment of this Act shall remain payable after that date in accordance with the provisions of such section as in effect on such day.
SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DEPARTMENT OF
DEFENSE PERSONNEL TO REFER OTHER PERSONS FOR
APPOINTMENT AS OFFICERS TO SERVE IN HEALTH
PROFESSIONS.
(a) In General.--Chapter 5 of title 37, United States Code, as amended by section 622 of this Act, is further amended by adding at the end the following new section:
``Sec. 331a. Bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions
``(a) Authority To Pay Bonus.--
``(1) Authority.--The appropriate Secretary may pay a bonus under this section to an individual referred to in paragraph
(2) who refers to a military recruiter a person who has not previously served and, after such referral, takes an oath of enlistment that leads to appointment as a commissioned officer, or accepts an appointment as a commissioned officer, in an armed force in a health profession designated by the appropriate Secretary for purposes of this section.
``(2) Individuals eligible for bonus.--Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:
``(A) A member of the armed forces in a regular component of the armed forced.
``(B) A member of the armed forces in a reserve component of the armed forced.
``(C) A member of the armed forces in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired or retainer pay.
``(D) A civilian employee of a military department or the Department of Defense.
``(b) Referral.--For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts a military recruiter on behalf of a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession; or
``(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession contacts a military recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the armed forces may not be paid a bonus under subsection (a) for the referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the armed forces serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the appropriate Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).
``(3) Junior reserve officers' training corps instructors.--A member of the armed forces detailed under subsection (c)(1) of section 2031 of title 10 to serve as an administrator or instructor in the Junior Reserve Officers' Training Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the execution by the person of an agreement to serve as an officer in a health profession in an armed force for not less than 3 years,
``(2) Not more than $1,000 shall be paid upon the completion by the person of the initial period of military training as an officer.
``(f) Relation to Prohibition on Bounties.--The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under this section to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under title 10, 37, or 38, or any other provision of law.
``(h) Appropriate Secretary Defined.--In this section, the term `appropriate Secretary' means--
``(1) the Secretary of the Army, with respect to matters concerning the Army;
``(2) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
``(3) the Secretary of the Air Force, with respect to matters concerning the Air Force; and
``(4) the Secretary of Defense, with respect to personnel of the Department of Defense.
``(i) Duration of Authority.--A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of such title, as so amended, is further amended by adding at the end the following new item:
``331a. Bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.''.
SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Accession Bonus Authorized.--Section 2127 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(f)(1) In order to increase participation in the program, the Secretary of Defense may pay a person who signs an agreement under section 2122 of this title an accession bonus of not more than $20,000.
``(2) An accession bonus paid a person under this subsection is in addition to any other amounts payable to the person under this subchapter.
``(3) In the case of an individual who is paid an accession bonus under this subsection, but fails to commence or complete the obligated service required of the person under this subchapter, the repayment provisions of section 303a(e) of title 37 shall apply to the accession bonus paid the person under this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to agreements signed under subchapter I of chapter 105 of title 10, United States Code, on or after that date.
Subtitle C--Travel and Transportation Allowances
SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE UNITED STATES
FOR OBSTETRICAL PURPOSES OF DEPENDENTS LOCATED
IN VERY REMOTE LOCATIONS OUTSIDE THE UNITED
STATES.
Section 1040 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
``(c) The Secretary of Defense may pay the travel expenses and related expenses of a dependent of a member of the uniformed services assigned to a very remote location outside the United States, as determined by the Secretary, for travel for obstetrical purposes to a location in the United States.''.
SEC. 642. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE
OFFICERS' TRAINING CORPS INSTRUCTORS IN HARD-
TO-FILL POSITIONS.
Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(f)(1) When determined by the Secretary of the military department concerned to be in the national interest and agreed upon by the institution concerned, the institution may reimburse the moving expenses of a Junior Reserve Officers' Training Corps instructor who executes a written agreement to serve a minimum of two years of employment at the institution in a position that is hard-to-fill for geographic or economic reasons and as determined by the Secretary concerned.
``(2) Any reimbursement of an instructor under paragraph
(1) is in addition to the minimum instructor pay otherwise payable to the instructor.
``(3) The Secretary concerned shall reimburse an institution making a reimbursement under paragraph (1) in an amount equal to the amount of the reimbursement paid by the institution under that paragraph. Any reimbursement under this paragraph shall be made from funds appropriated for that purpose.
``(4) The payment of reimbursements under paragraphs (1) and (3) shall be subject to regulations prescribed by the Secretary of Defense for purposes of this subsection.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH
GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE
ARMED FORCES.
(a) In General.--Subsection (a) of section 1477 of title 10, United States Code, is amended by striking all that follows ``on the following list:'' and inserting the following:
``(1) To any individual designated by the person in writing.
``(2) If there is no person so designated, to the surviving spouse of the person.
``(3) If there is none of the above, to the children (as prescribed by subsection (b)) of the person and the descendants of any deceased children by representation.
``(4) If there is none of the above, to the parents (as prescribed by subsection (c)) of the person or the survivor of them.
``(5) If there is none of the above, to the duly appointed executor or administrator of the estate of the person.
``(6) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person's death.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``Subsection (a)(2)'' in the matter preceding paragraph (1) and inserting ``Subsection
(a)(3)'';
(2) by striking (c) and inserting the following new subsection (c):
``(c) For purposes of subsection (a)(4), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.''; and
(3) by striking subsection (d).
(c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
(d) Applicability.--Notwithstanding subsection (c), the provisions of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to each member of the Armed Forces covered by such section until the earlier of the following--
(1) the date on which such member makes the designation contemplated by paragraph (1) of section 1477(a) of such title (as amended by subsection (a) of this section); or
(2) January 1, 2008.
(e) Regulations.--
(1) In general.--Not later than December 1, 2007, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (a).
(2) Elements.--The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by paragraph (1) of section 1477(a) of title 10, United States Code (as amended by subsection (a)), and instructions for members of the Armed Forces in the filling out of such forms.
SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT
CHILDREN UNDER SURVIVOR BENEFIT PLAN.
(a) Election.--Section 1448(b) of title 10, United States Code, is amended--
(1) in the subsection caption, by striking ``and Former Spouse'' and inserting ``, Former Spouse, and Guardian or Caretaker''; and
(2) by adding at the end the following new paragraph:
``(6) Guardian or caretaker coverage.--
``(A) General rule.--A person who is not married and has one or more dependent children upon becoming eligible to participate in the Plan may elect to provide an annuity under the Plan to a natural person (other than a natural person with an insurable interest in the person under paragraph (1) or a former spouse) who acts as a guardian or caretaker to such child or children. In the case of a person providing a reserve-component annuity, such an election shall include a designation under subsection (e).
``(B) Termination of coverage.--Subparagraphs (B) through
(E) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraphs apply to an election under subparagraph (A) of paragraph (1).
``(C) Election of new beneficiary upon death of previous beneficiary.--Subparagraph (G) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraph (G) applies to an election under subparagraph (A) of paragraph (1), except that any new beneficiary elected under such subparagraph (G) by reason of this subparagraph shall be a guardian or caretaker of the dependent child or children of the person making such election.''.
(b) Payment of Annuity.--Section 1450 of such title is amended--
(1) in subsection (a), by adding at the end the following new paragraph:
``(5) Guardian or caretaker coverage.--The natural person designated under section 1448(b)(6) of this title, unless the election to provide an annuity to the natural person has been changed as provided in subsection (f).''; and
(2) in the subsection caption of subsection (f), by striking ``or Former Spouse'' and inserting ``, Former Spouse, or Guardian or Caretaker''.
(c) Amount of Annuity.--Section 1451(b) of such title is amended--
(1) in the subsection caption, by inserting ``or Guardian or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' each place it appears in paragraphs (1) and (2).
(d) Reduction in Retired Pay.--Section 1452(c) of such title is amended--
(1) in the subsection caption, by inserting ``or Guardian or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' each place it appears in paragraphs (1) and (3).
SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION
ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.
(a) Eligibility.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and all that follows and inserting
``who--
``(1) is entitled to retired pay (other than by reason of section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such section is amended--
(1) by designating the text of that paragraph as subparagraph (A), realigning that text so as to be indented 4 ems from the left margin, and inserting before ``In the case of'' the following heading: ``In general.--''; and
(2) by adding at the end the following new subparagraph:
``(B) Special rule for retirees with fewer than 20 years of service.--In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''.
(c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.
SEC. 654. CLARIFICATION OF APPLICATION OF RETIRED PAY
MULTIPLIER PERCENTAGE TO MEMBERS OF THE
UNIFORMED SERVICES WITH OVER 30 YEARS OF
SERVICE.
(a) Computation of Retired and Retainer Pay for Members of Naval Service.--The table in section 6333(a) of title 10, United States Code, is amended in Column 2 of Formula A by striking ``75 percent'' and inserting ``Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.''.
(b) Retired Pay for Certain Members Recalled to Active Duty.--The table in section 1402(a) of such title is amended by striking Column 3.
(c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on January 1, 2007, and shall apply with respect to retired pay and retainer pay payable on or after that date.
SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY BY MEMBERS OF THE READY RESERVE ON
ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR
SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--Section 12731 of title 10, United States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and inserting the following:
``(1) has attained the eligibility age applicable under subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
``(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.
``(ii) Active service described in this subparagraph is also service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-Regular Service Retirees for Health Care.--Section 1074(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection
(a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.
SEC. 656. ADDITIONAL INDIVIDUALS ELIGIBLE FOR TRANSPORTATION
FOR SURVIVORS OF DECEASED MEMBERS TO ATTEND THE
MEMBER'S BURIAL CEREMONIES.
Section 411f(c) of title 37, United States Code, is amended--
(1) in paragraph (1) by adding at the end the following new subparagraphs:
``(D) Any child of the parent or parents of the deceased member who is under the age of 18 years if such child is attending the burial ceremony of the memorial service with the parent or parents and would otherwise be left unaccompanied by the parent or parents.
``(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 have been designated under such section to direct the disposition of the remains if individual identification had been made.''; and
(2) in paragraph (2), by striking ``may be provided to--'' and all that follows through the end and inserting ``may be provided to up to two additional persons closely related to the deceased member who are selected by the person referred to in paragraph (1)(E).''.
SEC. 657. 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, the Secretary concerned shall provide, to the maximum extent possible, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee or, if such a selection is not made, nearest to the cemetery selected by the Secretary.''.
SEC. 658. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR
BENEFIT PLAN SURVIVOR ANNUITIES BY DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--'' and all that follows and inserting ``does not apply in the case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients.--A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that follows through ``In the case of a member described in paragraph (1),'' and inserting ``Dependent children.--In the case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made by this section shall take effect on the later of--
(1) the first day of the first month that begins after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.
SEC. 659. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR
BENEFIT PLAN.
(a) Survivor Benefit Plan.--Section 1452(j) of title 10, United States Code, is amended by striking ``October 1, 2008'' and inserting ``October 1, 2007''.
(b) Retired Serviceman's Family Protection Plan.--Section 1436a of such title is amended by striking ``October 1, 2008'' and inserting ``October 1, 2007''.
SEC. 660. 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) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 2004.
SEC. 661. 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 any subsequent year of service.''.
Subtitle E--Education Benefits
SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR
EDUCATION.
(a) Clarification of Applicability of Current Authority to Commissioned Officers on Active Duty.--Subsection (b) of section 2007 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(other than a member of the Ready Reserve)'' after ``active duty'' the first place it appears; and
(B) by striking ``or full-time National Guard duty'' both places it appears; and
(2) in paragraph (2)(B), by inserting ``for which ordered to active duty'' after ``active duty service''.
(b) Authority To Pay Tuition Assistance to Members of the Ready Reserve.--
(1) In general.--Subsection (c) of such section is amended to read as follows:
``(c)(1) Subject to paragraphs (3)(A) and (4), the Secretary of a military department may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve.
``(2) Subject to paragraphs (3)(B) and (4), the Secretary of a military department may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary for purposes of this subsection.
``(3)(A) The Secretary of a military department may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer agrees to remain a member of the Selected Reserve for at least four years after completion of the education or training for which the charges are paid.
``(B) The Secretary of a military department may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer agrees to remain in the Selected Reserve or Individual Ready Reserve for at least four years after completion of the education or training for which the charges are paid.
``(4) The Secretary of a military department may require enlisted members of the Selected Reserve or Individual Ready Reserve to agree to serve for up to four years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of education or training for which tuition or expenses are paid under paragraph (1) or (2), as applicable.''.
(2) Repeal of superseded provision.--Such section is further amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(3) Repayment of unearned benefit.--Subsection (e) of such section, as redesignated by paragraph (2) of this subsection, is amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following new paragraph:
``(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) of title 37.''.
(c) Regulations.--Such section is further amended by adding at the end the following new subsection:
``(f) This section shall be administered under regulations prescribed by the Secretary of Defense and the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.''.
SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION LOAN
REPAYMENT PROGRAM.
(a) Additional Loans Eligible for Repayment.--Paragraph (1) of subsection (a) of section 16301 of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) any loan incurred for educational purposes made by a lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;
``(iii) a pension fund approved by the Secretary for purposes of this section; or
``(iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section.''.
(b) Eligibility of Officers.--Such subsection is further amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in paragraph (3), the Secretary'' and inserting ``The Secretary''; and
(B) by striking ``an enlisted member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and military specialty'' and inserting ``a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and officer program or military specialty''; and
(2) by striking paragraph (3).
(c) Conforming Amendment.--The heading of such section is amended to read as follows:
``Sec. 16301. Education loan repayment program: members of the Selected Reserve''.
(d) Clerical Amendment.--The table of sections at the beginning of chapter 1609 of such title is amended by striking the item relating to section 16301 and inserting the following new item:
``16301. Education loan repayment program: members of the Selected
Reserve.''.
SEC. 673. 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 if 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. 674. 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.
``(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) 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 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) 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) 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) 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) 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)(1) The amount of the accelerated payment of educational assistance payable with 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) 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) 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)(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 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) 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 $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) 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.
``(2) 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) 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. 675. 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. 676. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT
TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT
MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND
OTHER OPERATIONS.
(a) 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.''.
(b) 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.''.
(c) Effective Date.--The amendments made by this section shall take effect on 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.
Subtitle F--Other Matters
SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME REPLACEMENT
PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND
FREQUENT MOBILIZATION FOR ACTIVE-DUTY SERVICE.
(a) Clarification of General Authority.--Subsection (a) of section 910 of title 37, United States Code, is amended by inserting ``, when the total monthly military compensation of the member is less than the average monthly civilian income'' after ``by the Secretary''.
(b) Eligibility.--Subsection (b) of such section is amended to read as follows:
``(b) Eligibility.--Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member--
``(1) while on active duty under an involuntary mobilization order, following the date on which the member--
``(A) completes 18 continuous months of service on active duty under such an order;
``(B) completes 730 cumulative days of service on active duty under such an order during the previous 1,826 days; or
``(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days following the member's separation from a previous period of involuntary active duty for period of 180 days or more; or
``(2) while retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while deployed to an area designated for special pay under section 310 of this title after becoming entitled to income replacement pay under paragraph (1).''.
(c) Termination.--Subsection (g) of such section is amended to read as follows:
``(g) Termination of Authority.--Payment under this section shall only be made for service performed on or before December 31, 2008.''.
SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAMILY MEMBERS.
(a) In General.--Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is amended by adding at the end the following new subsection:
``(e) Any person who is lawfully admitted for permanent residence, is the spouse or child of a member of the Armed Forces, and is authorized to accompany such member and reside in a foreign country with the member pursuant to the member's official orders, and who is so accompanying and residing with the member (in marital union if a spouse), may be naturalized upon compliance with all the requirements of this title except that the person's residence and physical presence in such foreign country shall be treated as residence and physical presence in the United States or any State for the purpose of satisfying the requirements of section 316 or 322 for naturalization and for the purpose of satisfying the requirements of section 101(a)(13)(C)(i) or (ii).''.
(b) Overseas Naturalization Authority.--Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004
(8 U.S.C. 1443a) is amended by inserting ``, and persons eligible to meet the residence or physical presence requirements for naturalization pursuant to subsection (e) of section 319 of the Immigration and Nationality Act (8 U.S.C. 1430),'' after ``Armed Forces''.
(c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any application of naturalization pending before the Secretary of Homeland Security on or after the date of enactment.
SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a national combat veteran reintegration program to provide National Guard and Reserve members and their families 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.--The Yellow Ribbon Reintegration Program shall consist of informational events and activities for Reserve Component members, their families, and community members to facilitate access to services supporting their health and well-being through the four phases of the deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Organization.--
(1) Executive agent.--The Secretary shall designate the OSD
(P&R) as the Department of Defense executive agent for the Yellow Ribbon Reintegration Program.
(2) Establishment of the office for reintegration programs.--
(A) In general.--The OSD (P&R) shall establish the Office for Reintegration Programs within the OSD. 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 Center may also enter into partnerships with other public entities, including, but not limited to, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, for access to necessary substance abuse and mental health treatment services from local State-licensed service providers.
(B) Establishment of a 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.
(3) Advisory board.--
(A) Appointment.--The Secretary of Defense shall appoint an advisory board to analyze and report areas of success and areas for necessary improvements. The advisory board shall include, but is not limited to, 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 Secretary of Defense. The members of the advisory board may designate representatives in their stead.
(B) Schedule.--The advisory board shall meet on a schedule as determined by the Secretary of Defense.
(C) Initial reporting requirement.--The advisory board shall issue internal reports as necessary and shall submit an initial report to the Committees on Armed Services not later than 180 days after the end of a one-year period from establishment of the Office for Reintegration Programs. This report shall contain--
(i) an evaluation of the reintegration program's implementation by State National Guard and Reserve organizations;
(ii) an assessment of any unmet resource requirements; and
(iii) recommendations regarding closer coordination between the Office of Reintegration Programs and State National Guard and Reserve organizations.
(D) 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.
(d) Program.--
(1) In general.--The Office for Reintegration Programs shall analyze the demographics, placement of State Family Assistance Centers (FAC), and FAC 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 service members, families, and 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 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. In the interest of returning members as soon as possible to their home stations, reintegration briefings during the Demobilization Phase shall be minimized. State Deployment Cycle Support Teams are encouraged, however, to assist demobilizing members in enrolling in the Department of Veterans Affairs system using Form 1010EZ during the Demobilization Phase. State Deployment Cycle Support Teams may provide other events from the Initial Reintegration Activity as determined by the State National Guard or Reserve organizations. Remaining events shall be conducted during the Post-Deployment-Reconstitution Phase.
(B) Initial reintegration activity.--The purpose of this reintegration program is to educate service 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 service 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 service members and family members with the service providers from Initial Reintegration Activity to ensure service 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 service members and families to address negative behaviors related to combat stress and transition.
(C) Service member pay.--Service members shall receive appropriate pay for days spent attending the Reintegration Activities at the 30-day, 60-day, and 90-day intervals.
(D) Monthly individual reintegration program.--The Office for Reintegration Programs, in coordination with State National Guard and Reserve organizations, shall offer a monthly reintegration program for individual service members released from active duty or formerly in a medical hold status. The program shall focus on the special needs of this service member subset and the Office for Reintegration Programs shall develop an appropriate program of services and information.
SEC. 684. FLEXIBILITY IN PAYING ANNUITIES TO CERTAIN FEDERAL
RETIREES WHO RETURN TO WORK.
(a) In General.--Section 9902(j) of title 5, United States Code, is amended to read as follows:
``(j) 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 chapter 83 or 84.
``(2)(A) An annuitant receiving an annuity from the Civil Service Retirement and Disability Fund who becomes employed in a position within the Department of Defense following retirement under section 8336(d)(1) or 8414(b)(1)(A) shall be subject to section 8344 or 8468.
``(B) The Secretary of Defense may, under procedures and criteria prescribed under subparagraph (C), waive the application of the provisions of section 8344 or 8468 on a case-by-case or group basis, for employment of an annuitant referred to in subparagraph (A) in a position in the Department of Defense.
``(C) The Secretary shall prescribe procedures for the exercise of any authority under this paragraph, including criteria for any exercise of authority and procedures for a delegation of authority.
``(D) An employee as to whom a waiver under this paragraph is in effect shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84.
``(3)(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 is 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 begin coverage under paragraph (2) of this subsection.
``(B) 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) takes reasonable actions to notify employees who may file an election.
``(C) If an employee files an election under this paragraph, coverage shall be effective beginning on the date of the filing of the election.
``(D) Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) of this paragraph and does not file a timely election under subparagraph (B) of this paragraph.''.
(b) Regulations.--Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out the amendment made by this section.
SEC. 685. PLAN FOR PARTICIPATION OF MEMBERS OF THE NATIONAL
GUARD AND THE RESERVES IN THE BENEFITS DELIVERY
AT DISCHARGE PROGRAM.
(a) Plan To Maximize Participation.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a plan to maximize access to the benefits delivery at discharge program for members of the reserve components of the Armed Forces who have been called or ordered to active duty at any time since September 11, 2001.
(b) Elements.--The plan submitted under subsection (a) shall include a description of efforts to ensure that services under the benefits delivery at discharge program are provided, to the maximum extent practicable--
(1) at appropriate military installations;
(2) at appropriate armories and military family support centers of the National Guard;
(3) at appropriate military medical care facilities at which members of the Armed Forces are separated or discharged from the Armed Forces;
(4) 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; and
(5) that services described in the plan can be provided within resources available to the Secretary of Defense and the Secretary of Veterans Affairs in the appropriate fiscal year.
(c) Benefits Delivery at Discharge Program Defined.--In this section, 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.
SEC. 686. 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.''.
(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
SEC. 701. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN
FEDERAL PROCUREMENT OF PHARMACEUTICALS.
(a) In General.--Section 1074g of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection (f):
``(f) Procurement of Pharmaceuticals by TRICARE Retail Pharmacy Program.--With respect to any prescription filled on or after October 1, 2007, the TRICARE retail pharmacy program shall be treated as an element of the Department of Defense for purposes of the procurement of drugs by Federal agencies under section 8126 of title 38 to the extent necessary to ensure that pharmaceuticals paid for by the Department of Defense that are provided by pharmacies under the program to eligible covered beneficiaries under this section are subject to the pricing standards in such section 8126.''.
(b) Regulations.--The Secretary of Defense shall, after consultation with the other administering Secretaries under chapter 55 of title 10, United States Code, modify the regulations under subsection (h) of section 1074g of title 10, United States Code (as redesignated by subsection (a)(1) of this section), to implement the requirements of subsection
(f) of section 1074g of title 10, United States Code (as amended by subsection (a)(2) of this section). The Secretary shall so modify such regulations not later than December 31, 2007.
SEC. 702. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD
AND TRICARE EXTRA.
(a) Requirement for Surveys.--
(1) In general.--The Secretary of Defense shall conduct surveys of health care providers and beneficiaries who use TRICARE in the United States to determine, utilizing a reconciliation of the responses of providers and beneficiaries to such surveys, each of the following:
(A) How many health care providers in TRICARE Prime service areas selected under paragraph (3)(A) are accepting new patients under each of TRICARE Standard and TRICARE Extra.
(B) How many health care providers in geographic areas in which TRICARE Prime is not offered are accepting patients under each of TRICARE Standard and TRICARE Extra.
(C) The availability of mental health care providers in TRICARE Prime service areas selected under paragraph (3)(C) and in geographic areas in which TRICARE Prime is not offered.
(2) Benchmarks.--The Secretary shall establish for purposes of the surveys required by paragraph (1) benchmarks for primary care and specialty care providers, including mental health care providers, to be utilized to determine the adequacy of health care providers to beneficiaries eligible for TRICARE.
(3) Scope of surveys.--The Secretary shall carry out the surveys required by paragraph (1) as follows:
(A) In the case of the surveys required by subparagraph (A) of that paragraph, in at least 20 TRICARE Prime service areas in the United States in each of fiscal years 2008 through 2011.
(B) In the case of the surveys required by subparagraph (B) of that paragraph, in 20 geographic areas in which TRICARE Prime is not offered and in which significant numbers of beneficiaries who are members of the Selected Reserve reside.
(C) In the case of the surveys required by subparagraph (C) of that paragraph, in at least 40 geographic areas.
(4) Priority for surveys.--In prioritizing the areas which are to be surveyed under paragraph (1), the Secretary shall--
(A) consult with representatives of TRICARE beneficiaries and health care and mental health care providers to identify locations where TRICARE Standard beneficiaries are experiencing significant levels of access-to-care problems under TRICARE Standard or TRICARE Extra; and
(B) give a high priority to surveying health care and mental health care providers in such areas.
(5) Information from providers.--The surveys required by paragraph (1) shall include questions seeking to determine from health care and mental health care providers the following:
(A) Whether the provider is aware of the TRICARE program.
(B) What percentage of the provider's current patient population uses any form of TRICARE.
(C) Whether the provider accepts patients for whom payment is made under the medicare program for health care and mental health care services.
(D) If the provider accepts patients referred to in subparagraph (C), whether the provider would accept additional such patients who are not in the provider's current patient population.
(6) Information from beneficiaries.--The surveys required by paragraph (1) shall include questions seeking information to determine from TRICARE beneficiaries whether they have difficulties in finding health care and mental health care providers willing to provide services under TRICARE Standard or TRICARE Extra.
(b) Supervision.--
(1) Supervising official.--The Secretary shall designate a senior official of the Department of Defense to take the actions necessary for achieving and maintaining participation of health care and mental health care providers in TRICARE Standard and TRICARE Extra throughout TRICARE in a number that is adequate to ensure the viability of TRICARE Standard for TRICARE beneficiaries.
(2) Duties.--The official designated under paragraph (1) shall have the following duties:
(A) To make recommendations to the Secretary for purposes of subsection (a)(2) on appropriate benchmarks for measuring the adequacy of health care and mental health care providers in TRICARE Prime service areas and geographic areas in the United States in which TRICARE Prime is not offered.
(B) To educate health care and mental health care providers about TRICARE Standard and TRICARE Extra.
(C) To encourage health care and mental health care providers to accept patients under TRICARE Standard and TRICARE Extra.
(D) To ensure that TRICARE beneficiaries have the information necessary to locate TRICARE Standard and TRICARE Extra providers readily.
(E) To recommend adjustments in TRICARE Standard provider payment rates that the official considers necessary to ensure adequate availability of TRICARE Standard providers for TRICARE Standard beneficiaries.
(c) GAO Review.--
(1) Ongoing review.--The Comptroller General shall, on an ongoing basis, review--
(A) the processes, procedures, and analysis used by the Department of Defense to determine the adequacy of the number of health care and mental health care providers--
(i) that currently accept TRICARE Standard or TRICARE Extra beneficiaries as patients under TRICARE Standard in each TRICARE area as of the date of completion of the review; and
(ii) that would accept TRICARE Standard or TRICARE Extra beneficiaries as new patients under TRICARE Standard or TRICARE Extra, as applicable, within a reasonable time after the date of completion of the review; and
(B) the actions taken by the Department of Defense to ensure ready access of TRICARE Standard beneficiaries to health care and mental health care under TRICARE Standard in each TRICARE area, including any pending or resolved requests for waiver of payment limits in order to improve access to health care or mental health care in a specific geographic area.
(2) Reports.--The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives on a bi-annual basis a report on the results of the review under paragraph (1). Each report shall include the following:
(A) An analysis of the adequacy of the surveys under subsection (a).
(B) An identification of any impediments to achieving adequacy of availability of health care and mental health care under TRICARE Standard or TRICARE Extra.
(C) An assessment of the adequacy of Department of Defense education programs to inform health care and mental health care providers about TRICARE Standard and TRICARE Extra.
(D) An assessment of the adequacy of Department of Defense initiatives to encourage health care and mental health care providers to accept patients under TRICARE Standard and TRICARE Extra.
(E) An assessment of the adequacy of information available to TRICARE Standard beneficiaries to facilitate access by such beneficiaries to health care and mental health care under TRICARE Standard and TRICARE Extra.
(F) An assessment of any need for adjustment of health care and mental health care provider payment rates to attract participation in TRICARE Standard by appropriate numbers of health care and mental health care providers.
(d) Effective Date.--This section shall take effect on October 1, 2007.
(e) Repeal of Superseded Requirements and Authority.--Section 723 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 1073 note) is repealed, effective as of October 1, 2007.
(f) Definitions.--In this section:
(1) The term ``TRICARE Extra'' means the option of the TRICARE program under which TRICARE Standard beneficiaries may obtain discounts on cost-sharing as a result of using TRICARE network providers.
(2) The term ``TRICARE Prime'' means the managed care option of the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a geographic are designated by the Department of Defense in which managed care support contractors develop a managed care network under TRICARE Prime.
(4) The term ``TRICARE Standard'' means the option of the TRICARE program that is also known as the Civilian Health and Medical Program of the Uniformed Services, as defined in section 1072(4) of title 10, United States Code.
(5) The term ``United States'' means the United States (as defined in section 101(a) of title 10, United States Code), its possessions (as defined in such section), and the Commonwealth of Puerto Rico.
SEC. 703. 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:
(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 impact and effect of inpatient and outpatient surveys 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 at health care at military treatment facilities in order to ensure the provision of high quality healthcare and hospital services in such facilities.
SEC. 704. REVIEW OF LICENSED MENTAL HEALTH COUNSELORS, SOCIAL
WORKERS, AND MARRIAGE AND FAMILY THERAPISTS
UNDER THE TRICARE PROGRAM.
(a) Review 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 comparability of credentials, preparation, and training of individuals practicing as licensed mental health counselors, social workers, and marriage and family therapists under the TRICARE program to provide mental health services; and
(2) making recommendations for permitting such professionals to practice independently under the TRICARE program.
(b) Elements.--The study required by subsection (a) shall provide for each of the health care professions referred to in subsection (a)(1) the following:
(1) An assessment of the educational requirements and curriculums relevant to mental health practice for members of such profession, 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) An assessment of State licensing requirements for members of such profession, 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, through their scope of practice, either implicitly or explicitly authorize members of such profession to diagnose and treat mental illnesses.
(3) An analysis of the requirements for clinical experience in such profession to be recognized under regulations for the TRICARE program, and recommendations, if any, for standardization or adjustment of such requirements with those of the other professions.
(4) An assessment of the extent to which practitioners under such profession are authorized to practice independently under other Federal programs (such as the Medicare program, the Department of Veterans Affairs, the Indian Health Service, Head Start, and the Federal Employee Health Benefits Program), and a review the relationship, if any, between recognition of such profession under the Medicare program and independent practice authority for such profession under the TRICARE program.
(5) An assessment of the extent to which practitioners under such profession are authorized to practice independently under 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 such profession, and shall identify the conditions, if any, that are placed on coverage of practitioners under such profession by insurance plans and how frequently these types of conditions are used by insurers.
(6) An historical review of the regulations issued by the Department of Defense regarding which members of such 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.
(c) Providers Studied.--It the sense of Congress that the study required by subsection (a) should focus only on those practitioners of each health care profession referred to in subsection (a)(1) who are permitted to practice under regulations for the TRICARE program as specified in section 119.6 of title 32, Code of Federal Regulations.
(d) Clinical Capabilities Studies.--The study required by subsection (a) shall include a review of outcome studies and of the literature regarding the comparative quality and effectiveness of care provided by practitioners within each of the health care professions referred to in subsection
(a)(1), and provide an independent review of the findings.
(e) Recommendations for TRICARE Independent Practice Authority.--The recommendations provided under subsection
(a)(2) shall include specific recommendation (whether positive or negative) regarding modifications of current policy for the TRICARE program with respect to allowing members of each of the health care professions referred to in subsection (a)(1) to practice independently under the TRICARE program, including recommendations regarding possible revision of requirements for recognition of practitioners under each such profession.
(f) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection
(a).
SEC. 705. SENSE OF SENATE ON COLLABORATIONS BETWEEN THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF
VETERANS AFFAIRS ON HEALTH CARE FOR WOUNDED
WARRIORS.
(a) Findings.--The Senate makes the following findings:
(1) There have been recent collaborations between the Department of Defense, the Department of Veterans Affairs, and the civilian medical community for purposes of providing high quality medical care to America's wounded warriors. One such collaboration is occurring in Augusta, Georgia, between the Dwight D. Eisenhower Army Medical Center at Fort Gordon, the Augusta Department of Veterans Affairs Medical Center, the Medical College of Georgia, and local health care providers under the TRICARE program.
(2) Medical staff from the Dwight D. Eisenhower Army Medical Center and the Augusta Department of Veterans Affairs Medical Center have been meeting weekly to discuss future patient cases for the Active Duty Rehabilitation Unit (ADRU) within the Uptown Department of Veterans Affairs facility. The Active Duty Rehabilitation Unit, along with the Polytrauma Centers of the Department of Veterans Affairs, provide rehabilitation for members of the Armed Forces on active duty.
(3) Since 2004, 1,037 soldiers, sailors, airmen, and marines have received rehabilitation services at the Active Duty Rehabilitation Unit, 32 percent of whom served in Operation Iraqi Freedom or Operation Enduring Freedom.
(4) The Dwight D. Eisenhower Army Medical Center and the Augusta Department of Veterans Affairs Medical Center have combined their neurosurgery programs and have coordinated on critical brain injury and psychiatric care.
(5) The Department of Defense, the Army, and the Army Medical Command have recognized the need for expanded behavioral health care services for members of the Armed Forces returning from Operation Iraqi Freedom and Operation Enduring Freedom. These services are currently being provided by the Dwight D. Eisenhower Army Medical Center.
(b) Sense of Senate.--It is the sense of the Senate that the Department of Defense should encourage continuing collaboration between the Army and the Department of Veterans Affairs in treating America's wounded warriors and, when appropriate and available, provide additional support and resources for the development of such collaborations, including the current collaboration between the Active Duty Rehabilitation Unit at the Augusta Department of Veterans Affairs Medical Center, Georgia, and the behavioral health care services program at the Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia.
SEC. 706. 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) 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) 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. 707. 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) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007.
SEC. 708. AUTHORITY FOR SPECIAL REIMBURSEMENT RATES FOR
MENTAL HEALTH CARE SERVICES UNDER THE TRICARE
PROGRAM.
(a) Authority.--Section 1079(h)(5) of title 10, United States Code, is amended in the first sentence by inserting
``, including mental health care services,'' after ``health care services''.
(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 702 of this Act.
SEC. 709. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF
DEFENSE MENTAL HEALTH TASK FORCE.
(a) In General.--As soon as practicable, but not later than May 31, 2008, the Secretary of Defense shall implement the recommendations of the Department of Defense Task Force on Mental Health developed pursuant to section 723 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3348) to ensure a full continuum of psychological health services and care for members of the Armed Forces and their families.
(b) Implementation of Certain Recommendations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement the following recommendations of the Department of Defense Task Force on Mental Health:
(1) The implementation of a comprehensive public education campaign to reduce the stigma associated with mental health problems.
(2) The appointment of a psychological director of health for each military department, each military treatment facility, the National Guard, and the Reserve Component, and the establishment of a psychological health council.
(3) The establishment of a center of excellence for the study of psychological health.
(4) The enhancement of TRICARE benefits and care for mental health problems.
(5) The implementation of an annual psychological health assessment addressing cognition, psychological functioning, and overall psychological readiness for each member of the Armed Forces, including members of the National Guard and Reserve Component.
(6) The development of a model for allocating resources to military mental health facilities, and services embedded in line units, based on an assessment of the needs of and risks faced by the populations served by such facilities and services.
(7) The issuance of a policy directive to ensure that each military department carefully assesses the history of occupational exposure to conditions potentially resulting in post-traumatic stress disorder, traumatic brain injury, or related diagnoses in members of the Armed Forces facing administrative or medical discharge.
(8) The maintenance of adequate family support programs for families of deployed members of the Armed Forces.
(c) Recommendations Requiring Legislative Action.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a description of any legislative action required to implement the recommendations of the Department of Defense Mental Health Task Force.
(d) Recommendations To Be Not Implemented.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a description of any recommendations of the Department of Defense Mental Health Task Force the Secretary of Defense has determined not to implement.
(e) Progress Reports Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and every six months thereafter until the date described in paragraph (2), the Secretary shall submit to the congressional defense committees a report on the status of the implementation of the recommendations of the Department of Defense Mental Health Task Force.
(2) Date described.--The date described in this paragraph is the date on which all recommendations of the Department of Defense Mental Health Task Force have been implemented other than the recommendations the Secretary has determined pursuant to subsection (d) not to implement. SEC. 710. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
MILITARY EYE INJURIES.
(a) Establishment.--
(1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section:
``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Military Eye
Injuries
``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries'.
``(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.--(1) The Center shall--
``(A) develop, implement, and oversee 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 eye injury incurred by a member of the armed forces in combat that requires surgery or other operative intervention; and
``(B) ensure the electronic exchange with Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A).
``(2) The registry under this subsection shall be known as the `Military Eye Injury Registry'.
``(3) The Center shall develop the Registry in consultation with the ophthalmological specialist personnel and optometric specialist personnel of the Department of Defense. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other eye injuries.
``(4) 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 72 hours after surgery or other operative intervention.
``(B) Any clinical or other operative intervention done within 30 days, 60 days, or 120 days after surgery or other operative intervention as a result of a follow-up examination.
``(C) Not later than 180 days after surgery or other operative intervention.
``(5)(A) The Center shall provide notice to the Blind Service or Low Vision Optometry Service, as applicable, of the Department of Veterans Affairs on each member of the armed forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of 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:
``(i) A member with an eye injury incurred in combat who has a visual acuity of \20/200\ or less in either eye.
``(ii) A member with an eye injury incurred in combat who has a loss of peripheral vision of twenty degrees or less.
``(d) Utilization of Registry Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Military Eye Injury Registry is available to appropriate ophthalmological and optometric personnel of 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.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item:
``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Military Eye
Injuries.''.
(b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of Defense shall take appropriate actions to include in the Military Eye Injury Registry established under section 1105a of title 10, United States Code (as added by subsection (a)), such records of members of the Armed Forces who incurred an eye injury in combat in Operation Iraqi Freedom or Operation Enduring Freedom before the establishment of the Registry as the Secretary considers appropriate for purposes of the Registry.
(c) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added), including the progress made in established the Military Eye Injury Registry required under that section.
(d) 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 study on neuro-optometric screening and diagnosis of members of the Armed Forces 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 on visual dysfunction related to Traumatic Brain Injury.
(e) Funding.--Of the amounts available for Defense Health Program, $5,000,000 may be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added).
SEC. 711. 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, shall 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.
SEC. 712. 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) The results of a study of the frequency of medical physical examinations conducted by each component of the Armed Forces (including both the regular components and the reserve components of the Armed Forces) for members of the Armed Forces within such component before their deployment.
(2) 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.
(3) A model of, and a business case analysis for, 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. 713. 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''.
(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''.
(d) Premiums Under TRICARE Coverage for Members of the Ready Reserve.--Section 1076b(e)(3) of such title is amended by striking ``September 30, 2007'' and inserting ``September 30, 2008''.
SEC. 714. 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. 715. SENSE OF CONGRESS ON FEES AND ADJUSTMENTS UNDER THE
TRICARE PROGRAM.
It is the sense of Congress that--
(1) career members of the uniformed services and their families endure unique and extraordinary demands, and make extraordinary sacrifices, over the course of 20-year to 30-year careers in protecting freedom for all Americans;
(2) these demands and sacrifices are such that few Americans are willing to accept them for a multi-decade career;
(3) a primary benefit of enduring the extraordinary sacrifices inherent in a military career is a system of exceptional retirement benefits that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years;
(4) proposals to compare cash fees paid by retired military members and their families to fees paid by civilians fail to recognize adequately that military members prepay the equivalent of very large advance premiums for health care in retirement through their extended service and sacrifice, in addition to cash fees, deductibles, and copayments;
(5) the Department of Defense and the Nation have a committed obligation to provide health care benefits to active duty, National Guard, Reserve and retired members of the uniformed services and their families and survivors that considerably exceeds the obligation of corporate employers to provide health care benefits to their employees; and
(6) the Department of Defense has options to constrain the growth of health care spending in ways that do not disadvantage retired members of the uniformed services, and should pursue any and all such options as a first priority.
SEC. 716. 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 shall be entitled to receive medical and dental care for such medical condition as if the member were a member of the armed forces on active duty until such medical condition is resolved.
``(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.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CONTRACTS.
(a) Definition in Regulations of Substantial Savings Under Multiyear Contracts.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations prescribed pursuant to subsection
(b)(2)(A) of section 2306b of title 10, United States Code, to define the term ``substantial savings'' for purposes of subsection (a)(1) of such section. Such regulations shall specify that--
(A) savings that exceed 10 percent of the total anticipated costs of carrying out a program through annual contracts shall be considered to be substantial;
(B) savings that exceed 5 percent of the total anticipated costs of carrying out a program through annual contracts, but do not exceed 10 percent of such costs, shall not be considered to be substantial unless the Secretary determines in writing that an exceptionally strong case has been made with regard to the findings required by paragraphs (2) through (6) of section 2306b(a) of such title; and
(C) savings that do not exceed 5 percent of the total anticipated costs of carrying out a program through annual contracts shall not be considered to be substantial.
(2) Effective date.--The modification required by paragraph
(1) shall apply with regard to any multiyear contract that is authorized after the date that is 60 days after the date of the enactment of this Act.
(b) Report on Basis for Determination.--Section 2306b(i)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: ``after the head of the agency concerned submits to the congressional defense committees a report on the specific facts supporting the determination of the head of that agency under subsection
(a)''.
(c) Reports on Savings Achieved.--
(1) Reports required.--Not later than January 15 of 2008, 2009, and 2010, the Secretary shall submit to the congressional defense committees a report on the savings achieved through the use of multiyear contracts that were entered under the authority of section 2306b of title 10, United States Code, and the performance of which was completed in the preceding fiscal year.
(2) Elements.--Each report under paragraph (1) shall specify, for each multiyear contract covered by such report--
(A) the savings that the Department of Defense estimated it would achieve through the use of the multiyear contract at the time such contract was awarded; and
(B) the best estimate of the Department on the savings actually achieved under such contract.
SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.
Section 2366a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, after receiving a business case analysis,'' after ``the milestone decision authority'' in the matter preceding paragraph (1);
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new subsection (b):
``(b) Changes to Certification.--(1) The program manager for a major defense acquisition program that has received certification under subsection (a) shall immediately notify the milestone decision authority of any changes to the program that are--
``(A) inconsistent with such certification; or
``(B) deviate significantly from the material provided to the milestone decision authority in support of such certification.
``(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification concerned or rescind Milestone B approval (or Key Decision Point B approval in the case of a space program) if the milestone decision authority determines that such action is in the best interest of the national security of the United States.'';
(4) in subsection (c), as redesignated by paragraph (1)--
(A) by inserting ``(1)'' before ``The certification''; and
(B) by adding at the end the following new paragraph (2):
``(2) Any information provided to the milestone decision authority pursuant to subsection (b) shall be summarized in the first Selected Acquisition Report submitted under section 2432 of this title after such information is received by the milestone decision authority.''; and
(5) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 803. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Report Required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on potential modifications of the organization and structure of the Department of Defense for major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall include the results of a review, conducted by the Comptroller General for purposes of the report, regarding the feasibility and advisability of, at a minimum, the following:
(1) Establishing system commands within each military department, each of which commands would be headed by a 4-star general or flag officer, to whom the program managers and program executive officers for major defense acquisition programs would report.
(2) Revising the acquisition process for major defense acquisition programs by establishing shorter, more frequent acquisition program milestones.
(3) Requiring certifications of program status to the defense acquisition executive and Congress prior to milestone approval for major defense acquisition programs.
(4) Establishing a new office (to be known as the ``Office of Independent Assessment'') to provide independent cost estimates and performance estimates for major defense acquisition programs.
(5) Establishing a milestone system for major defense acquisition programs utilizing the following milestones (or such other milestones as the Comptroller General considers appropriate for purposes of the review):
(A) Milestone 0.--The time for the development and approval of a mission need statement for a major defense acquisition program.
(B) Milestone 1.--The time for the development and approval of a capability need definition for a major defense acquisition program, including development and approval of a certification statement on the characteristics required for the system under the program and a determination of the priorities among such characteristics.
(C) Milestone 2.--The time for technology development and assessment for a major defense acquisition program, including development and approval of a certification statement on technology maturity of elements under the program.
(D) Milestone 3.--The time for system development and demonstration for a major defense acquisition program, including development and approval of a certification statement on design proof of concept.
(E) Milestone 4.--The time for final design, production prototyping, and testing of a major defense acquisition program, including development and approval of a certification statement on cost, performance, and schedule in advance of initiation of low-rate production of the system under the program.
(F) Milestone 5.--The time for limited production and field testing of the system under a major defense acquisition program.
(G) Milestone 6.--The time for initiation of full-rate production of the system under a major defense acquisition program.
(6) Requiring the Milestone Decision Authority for a major defense acquisition program to specify, at the time of Milestone B approval, or Key Decision Point B approval, as applicable, the period of time that will be required to deliver an initial operational capability to the relevant combatant commanders.
(7) Establishing a materiel solutions process for addressing identified gaps in critical warfighting capabilities, under which process the Under Secretary of Defense for Acquisition, Technology, and Logistics circulates among the military departments and appropriate Defense Agencies a request for proposals for technologies and systems to address such gaps.
(8) Modifying the role played by chiefs of staff of the Armed Forces in the requirements, resource allocation, and acquisition processes.
(c) Consultation.--In conducting the review required under subsection (b) for the report required by subsection (a), the Comptroller General shall obtain the views of the following:
(1) Senior acquisition officials currently serving in the Department of Defense.
(2) Individuals who formerly served as senior acquisition officials in the Department of Defense.
(3) Participants in previous reviews of the organization and structure of the Department of Defense for the acquisition of major weapon systems, including the President's Blue Ribbon Commission on Defense Management in 1986.
(4) Other experts on the acquisition of major weapon systems.
(5) Appropriate experts in the Government Accountability Office.
SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategies of the Department of Defense for the allocation of funds and other resources under major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall address, at a minimum, Department of Defense organizations, procedures, and approaches for the following purposes:
(1) To establish priorities among needed capabilities under major defense acquisition programs, and to assess the resources (including funds, technologies, time, and personnel) needed to achieve such capabilities.
(2) To balance cost, schedule, and requirements for major defense acquisition programs to ensure the most efficient use of Department of Defense resources.
(3) To ensure that the budget, requirements, and acquisition processes of the Department of Defense work in a complementary manner to achieve desired results.
(c) Role of Tri-Chair Committee in Resource Allocation.--
(1) In general.--The report required by subsection (a) shall also address the role of the committee described in paragraph (2) in the resource allocation process for major defense acquisition programs.
(2) Committee.--The committee described in this paragraph is a committee (to be known as the ``Tri-Chair Committee'') composed of the following:
(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics, who is one of the chairs of the committee.
(B) The Vice Chairman of the Joint Chiefs of Staff, who is one of the chairs of the committee.
(C) The Director of Program Analysis and Evaluation, who is one of the chairs of the committee.
(D) Any other appropriate officials of the Department of Defense, as jointly agreed upon by the Under Secretary and the Vice Chairman.
(d) Recommendations.--The report required by subsection (a) shall include any recommendations, including recommendations for legislative action, that the Secretary considers appropriate to improve the organizations, procedures, and approaches described in the report.
SEC. 805. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON
TOTAL OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the extent of the implementation of the recommendations set forth in the February 2003 report of the Government Accountability Office entitled ``Setting Requirements Differently Could Reduce Weapon Systems' Total Ownership Costs''.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) For each recommendation described in subsection (a) that has been implemented, or that the Secretary plans to implement--
(A) a summary of all actions that have been taken to implement such recommendation; and
(B) a schedule, with specific milestones, for completing the implementation of such recommendation.
(2) For each recommendation that the Secretary has not implemented and does not plan to implement--
(A) the reasons for the decision not to implement such recommendation; and
(B) a summary of any alternative actions the Secretary plans to take to address the purposes underlying such recommendation.
(3) A summary of any additional actions the Secretary has taken or plans to take to ensure that total ownership cost is appropriately considered in the requirements process for major weapon systems.
Subtitle B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND
DELIVERY ORDER CONTRACTS.
(a) Limitation on Single Award Contracts.--Section 2304a(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):
``(3) No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single contractor unless the head of the agency determines in writing that--
``(A) because of the size, scope, or method of performance of the requirement, it would not be practical to award multiple task or delivery order contracts;
``(B) the task or delivery orders expected under the contract are so integrally related that only a single contractor can reasonably perform the work;
``(C) the contract provides only for firm, fixed price task orders or delivery orders for--
``(i) products for which unit prices are established in the contract; or
``(ii) services for which prices are established in the contract for the specific tasks to be performed; or
``(D) only one contractor is qualified and capable of performing the work at a reasonable price to the government.''.
(b) Enhanced Competition for Orders in Excess of
$5,000,000.--Section 2304c of such title is amended--
(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following new subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (b) is not met unless all such contractors are provided, at a minimum--
``(1) a notice of the task or delivery order that includes a clear statement of the agency's requirements;
``(2) a reasonable period of time to provide a proposal in response to the notice;
``(3) disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance;
``(4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and
``(5) an opportunity for a post-award debriefing consistent with the requirements of section 2305(b)(5) of this title.''; and
(3) by striking subsection (e), as redesignated by paragraph (1), and inserting the following new subsection
(e):
``(e) Protests.--(1) A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for--
``(A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or
``(B) a protest of an order valued in excess of $5,000,000.
``(2) Notwithstanding section 3556 of title 31, the Comptroller General of the United States shall have exclusive jurisdiction of a protest authorized under paragraph
(1)(B).''.
(c) Effective Dates.--
(1) Single award contracts.--The amendments made by subsection (a) shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to any contract awarded on or after such date.
(2) Orders in excess of $5,000,000.--The amendments made by subsection (b) shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to any task or delivery order awarded on or after such date.
SEC. 822. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL ITEMS.
(a) Treatment of Subsystems, Components, and Spare Parts as Commercial Items.--
(1) In general.--Section 2379 of title 10, United States Code, is amended--
(A) by striking subsection (b) and inserting the following new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A subsystem of a major weapon system shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items only if--
``(1) the subsystem is intended for a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (a);
``(2) the Secretary of Defense determines that--
``(A) the subsystem is a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(B) the treatment of the subsystem as a commercial item is necessary to meet national security objectives; or
``(3) the contractor demonstrates that it has sold, leased, or licensed the subsystem or an item that is the same as the subsystem, but for modifications described in subparagraphs
(B) and (C) of section 4(12) of the Office of Federal Procurement Policy Act, in significant quantities to the general public.'';
(B) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(C) by inserting after subsection (b) the following new subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial Items.--A component or spare part for a major weapon system may be treated as a commercial item, and purchased under procedures established for the procurement of commercial items, only if--
``(1) the component or spare part is intended for--
``(A) a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (a); or
``(B) a subsystem of a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (b); or
``(2) the contractor demonstrates that it has sold, leased, or licensed the component or spare part, or an item that is the same as the component or spare part, but for modifications described in subparagraphs (B) and (C) of section 4(12) of the Office of Federal Procurement Policy Act, in significant quantities to the general public.
``(d) Price Information.--In the case of any major weapon system, subsystem, component, or spare part purchased under procedures established for the procurement of commercial items under the authority of this section, the contractor shall provide data other than certified cost or pricing data, including information on prices at which the same item or similar items have previously been sold to the general public, that is adequate for evaluating, through price analysis, the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract pursuant to which such major weapon system, subsystem, component or spare part, as the case may be, will be purchased.''.
(2) Conforming amendment to technical data provision.--Section 2321(f)(2) of such title is amended by striking
``(whether or not under a contract for commercial items)'' and inserting ``(other than technical data for a subsystem, component, or spare part that is determined to be a commercial item in accordance with the requirements of section 2379 of this title)''.
(b) Sales of Commercial Items to Nongovernmental Entities.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations of the Department of Defense on the procurement of commercial items in order to clarify that the terms ``general public'' and ``nongovernmental entities'' in such regulations do not include the following:
(1) The Federal Government or a State, local, or foreign government.
(2) A contractor or subcontractor acting on behalf of the Federal Government or a State, local, or foreign government.
(c) Harmonization of Thresholds for Cost or Pricing Data.--Section 2306a(b)(3)(A) of title 10, United States Code, is amended by striking ``$500,000'' and inserting ``the amount specified in subsection (a)(1)(A)(i), as adjusted from time to time under subsection (a)(7),''.
SEC. 823. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL SERVICES.
Notwithstanding section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 264 note), the Secretary of Defense shall modify the regulations of the Department of Defense on procurements for or on behalf of the Department of Defense in order to prohibit the use of time and materials contracts or labor-hour contracts to purchase as commercial items any category of commercial services other than the following:
(1) Commercial services procured for support of a commercial item, as described in section 4(12)(E) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).
(2) Emergency repair services.
SEC. 824. MODIFICATION OF COMPETITION REQUIREMENTS FOR
PURCHASES FROM FEDERAL PRISON INDUSTRIES.
(a) Modification of Competition Requirements.--
(1) In general.--Section 2410n of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections (a) and (b):
``(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.--(1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 18 for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery.
``(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.
``(b) Products for Which Federal Prison Industries Has Significant Market Share.--(1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.
``(2) For purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the market for a product if the Secretary, in consultation with the Administrator of Federal Procurement Policy, determines that the Federal Prison Industries' share of the Department of Defense market for the category of products including such product is greater than 5 percent.''.
(2) Effective date.--The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.
(b) List of Products for Which Federal Prison Industries Has Significant Market Share.--
(1) Initial list.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall publish a list of product categories for which Federal Prison Industries' share of the Department of Defense market is greater than 5 percent, based on the most recent fiscal year for which data is available.
(2) Modification.--The Secretary may modify the list published under paragraph (1) at any time if the Secretary determines that new data require adding a product category to the list or omitting a product category from the list.
(3) Consultation.--The Secretary shall carry out this subsection in consultation with the Administrator for Federal Procurement Policy.
SEC. 825. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30, 2008'' and inserting ``September 30, 2013''.
SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY
FROM RENEWABLE ENERGY SOURCES.
(a) Multiyear Procurement Authorized.--Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2410q. Multiyear procurement authority: purchase of electricity from renewable energy sources
``(a) Multiyear Contracts Authorized.--Subject to subsection (b), the Secretary of Defense may enter into contracts for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
``(b) Limitations on Contracts for Periods in Excess of Five Years.--The Secretary may exercise the authority in subsection (a) to enter a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case prepared by the Department of Defense that--
``(1) the proposed purchase of electricity under such contract is cost effective for the Department of Defense; and
``(2) it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:
``2410q. Multiyear procurement authority: purchase of electricity from renewable energy sources.''.
SEC. 827. 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--
(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 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 this title; 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. 828. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID
CONTRACTS AND NONCOMPETITIVE GRANTS.
(a) Prohibition.--
(1) Contracts.--
(A) In general.--Notwithstanding any other provision of this Act, all contracts awarded by the Department of Defense to implement new programs or projects pursuant to congressional initiatives shall be awarded using competitive procedures in accordance with the requirements of section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.
(B) Bid requirement.--Except as provided in paragraph (3), no contract may be awarded by the Department of Defense to implement a new program or project pursuant to a congressional initiative unless more than one bid is received for such contract.
(2) Grants.--Notwithstanding any other provision of this Act, no funds may be awarded by the Department of Defense by grant or cooperative agreement to implement a new program or project pursuant to a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive or merit-based procedures to select the grantee or award recipient. Except as provided in paragraph
(3), no such grant or cooperative agreement may be awarded unless applications for such grant or cooperative agreement are received from two or more applicants that are not from the same organization and do not share any financial, fiduciary, or other organizational relationship.
(3) Waiver authority.--
(A) In general.--If the Secretary of Defense does not receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from unaffiliated applicants for a grant or cooperative agreement under paragraph (2), the Secretary may waive such bid or application requirement if the Secretary determines that the new program or project--
(i) cannot be implemented without a waiver; and
(ii) will help meet important national defense needs.
(B) Congressional notification.--If the Secretary of Defense waives a bid requirement under subparagraph (A), the Secretary must, not later than 10 days after exercising such waiver, notify Congress and the Committees on Armed Services of the Senate and the House of Representatives.
(4) Contracting authority.--The Secretary of Defense may, as appropriate, utilize existing contracts to carry out congressional initiatives.
(b) Annual Report.--
(1) In general.--Not later than December 31, 2008, and December 31 of each year thereafter, the Secretary of Defense shall submit to Congress a report on congressional initiatives for which amounts were appropriated or otherwise made available for the fiscal year ending during such year.
(2) Content.--Each report submitted under paragraph (1) shall include with respect to each contract, grant, or cooperative agreement awarded to implement a new program or project pursuant to a congressional initiative--
(A) the name of the recipient of the funds awarded through such contract or grant;
(B) the reason or reasons such recipient was selected for such contract or grant; and
(C) the number of entities that competed for such contract or grant.
(3) Publication.--Each report submitted under paragraph (1) shall be made publicly available through the Internet website of the Department of Defense.
(c) Congressional Initiative Defined.--In this section, the term ``congressional initiative'' means a provision of law or a directive contained within a committee report or joint statement of managers of an appropriations Act that specifies--
(1) the identity of a person or entity selected to carry out a project, including a defense system, for which funds are appropriated or otherwise made available by that provision of law or directive and that was not requested by the President in a budget submitted to Congress;
(2) the specific location at which the work for a project is to be done; and
(3) the amount of the funds appropriated or otherwise made available for such project.
(d) Applicability.--This section shall apply with respect to funds appropriated or otherwise made available for fiscal years beginning after September 30, 2007, and to congressional initiatives initiated after the date of the enactment of this Act.
Subtitle C--Acquisition Policy and Management
SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) Advisors.--Section 181 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
``(c) Advisors.--The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense (Comptroller) shall serve as advisors to the Council on matters within their authority and expertise.''.
(b) Consultation.--Section 2433(e)(2) of such title is amended by inserting ``, after consultation with the Joint Requirements Oversight Council regarding program requirements,'' after ``Secretary of Defense'' in the matter preceding subparagraph (A).
SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF
CONTRACT SERVICES.
(a) Authority To Establish Contract Support Acquisition Centers.--Subsection (b) of section 2330 of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(4) Each senior official responsible for the management of acquisition of contract services is authorized to establish a center (to be known as a `Contract Support Acquisition Center') to act as executive agent for the acquisition of contract services. Any center so established shall be subject to the provisions of subsection (c).''.
(b) Direction, Staff, and Support.--Such section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
``(c) Direction, Staff, and Support of Contract Support Acquisition Centers.--(1) The Contract Support Acquisition Center established by a senior official responsible for the management of acquisition of contract services under subsection (b)(4) shall be subject to the direction, supervision, and oversight of such senior official.
``(2) The Secretary of Defense or the Secretary of the military department concerned may transfer to a Contract Support Acquisition Center any personnel under the authority of such Secretary whose principal duty is the acquisition of contract services.
``(3)(A) Except as provided in subparagraph (E), the Secretary of Defense may accept from the head of a department or agency outside the Department of Defense a transfer to any Contract Support Acquisition Center under subsection (b)(4) of all or part of any organizational unit of such other department or agency that is primarily engaged in the acquisition of contract services if, during the most recent year for which data is available before such transfer, more than 50 percent of the contract services acquired by such organizational unit (as determined on the basis of cost) were acquired on behalf of the Department of Defense.
``(B) The head of a department or agency outside the Department of Defense may transfer in accordance with this paragraph an organizational unit that is authorized to be accepted under subparagraph (A).
``(C) A transfer under this paragraph may be made and accepted only pursuant to a memorandum of understanding entered into by the head of the department or agency making the transfer and the Secretary of Defense.
``(D) A transfer of an organizational unit under this paragraph shall include the transfer of the personnel of such organizational unit, the assets of such organizational unit, and the contracts of such organizational unit, to the extent provided in the memorandum of understanding governing the transfer of the unit.
``(E) This paragraph does not authorize a transfer of the multiple award schedule program of the General Services Administration as described in section 2302(2)(C) of this title.''.
SEC. 843. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT
OF CONTRACT SERVICES.
(a) Specification of Amounts Requested.--The budget justification materials submitted to Congress in support of the budget of the Department of Defense for any fiscal year after fiscal year 2008 shall identify clearly and separately the amounts requested in each budget account for the procurement of contract services.
(b) Contract Services Defined.--In this section, the term
``contract services''--
(1) means services from contractors; but
(2) excludes services relating to research and development and services relating to military construction.
SEC. 844. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
(a) Purpose.--The purpose of this section is to ensure that the Department of Defense acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources.
(b) Department of Defense Acquisition Workforce Development Fund.--
(1) Establishment.--The Secretary of Defense shall establish a fund to be known as the ``Department of Defense Acquisition Workforce Fund'' (in this section referred to as the ``Fund'') to provide funds for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of this section.
(2) Management.--The Fund shall be managed by a senior official of the Department of Defense designated by the Secretary for that purpose.
(c) Elements.--
(1) In general.--The Fund shall consist of amounts as follows:
(A) Amounts credited to the Fund under paragraph (2).
(B) Any other amounts appropriated to, credited to, or deposited into the Fund by law.
(2) Credits to the fund.--(A) There shall be credited to the Fund an amount equal to the applicable percentage for a fiscal year of all amounts expended by the Department of Defense in such fiscal year for contract services, other than services relating to research and development and services relating to military construction.
(B) Not later than 30 days after the end of the first fiscal year quarter of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter, the head of each military department and Defense Agency shall remit to the Secretary of Defense an amount equal to the applicable percentage for such fiscal year of the amount expended by such military department or Defense Agency, as the case may be, during such fiscal year quarter for services covered by subparagraph (A). Any amount so remitted shall be credited to the Fund under subparagraph (A).
(C) For purposes of this paragraph, the applicable percentage for a fiscal year is a percentage as follows:
(i) For fiscal year 2008, 0.5 percent.
(ii) For fiscal year 2009, 1 percent.
(iii) For fiscal year 2010, 1.5 percent.
(iv) For any fiscal year after fiscal year 2010, 2 percent.
(d) Availability of Funds.--
(1) In general.--Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of this section, including for the provision of training and retention incentives to the acquisition workforce of the Department as of the date of the enactment of this Act.
(2) Limitation on payments to or for contractors.--Amounts in the Fund shall not be available for payments to contractors or contractor employees, other than for the purpose of providing training to Department of Defense employees.
(3) Prohibition on payment of base salary of current employees.--Amounts in the Fund may not be used to pay the base salary of any person who is an employee of the Department as of the date of the enactment of this Act.
(4) Duration of availability.--Amounts credited to the Fund under subsection (c)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.
(e) Annual Report.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:
(1) A statement of the amounts remitted to the Secretary for crediting to the Fund for such fiscal year by each military department and Defense Agency, and a statement of the amounts credited to the Fund for such fiscal year.
(2) A description of the expenditures made from the Fund
(including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures.
(3) A description and assessment of improvements in the Department of Defense acquisition workforce resulting from such expenditures.
(4) A statement of the balance remaining in the Fund at the end of such fiscal year.
(f) Defense Agency Defined.--In this section, the term
``Defense Agency'' has the meaning given that term in section 101(a) of title 10, United States Code.
(g) Expedited Hiring Authority.--
(1) In general.--For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may--
(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; and
(B) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated.
(2) Sunset.--The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2012.
(h) Acquisition Workforce Assessment and Plan.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment and plan for addressing gaps in the acquisition workforce of the Department of Defense.
(2) Content of assessment.--The assessment developed under paragraph (1) shall identify--
(A) the skills and competencies needed in the military and civilian workforce of the Department of Defense to effectively manage the acquisition programs and activities of the Department over the next decade;
(B) the skills and competencies of the existing military and civilian acquisition workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and
(C) gaps in the existing or projected military and civilian acquisition workforce that should be addressed to ensure that the Department has access to the skills and competencies identified pursuant to subparagraph (A).
(3) Content of plan.--The plan developed under paragraph
(1) shall establish specific objectives for developing and reshaping the military and civilian acquisition workforce of the Department of Defense to address the gaps in skills and competencies identified under paragraph (2). The plan shall include--
(A) specific recruiting and retention goals; and
(B) specific strategies for developing, training, deploying, compensating, and motivating the military and civilian acquisition workforce of the Department to achieve such goals.
(4) Annual updates.--Not later than March 1 of each year from 2009 through 2012, the Secretary of Defense shall update the assessment and plan required by paragraph (1). Each update shall include the assessment of the Secretary of the progress the Department has made to date in implementing the plan.
(5) Spending of amounts in fund in accordance with plan.--Beginning on October 1, 2008, amounts in the Fund shall be expended in accordance with the plan required under paragraph
(1) and the annual updates required under paragraph (4).
(6) Reports.--Not later than 30 days after developing the assessment and plan required under paragraph (1) or preparing an annual update required under paragraph (4), the Secretary of Defense shall submit to the congressional defense committees a report on the assessment and plan or annual update, as the case may be.
SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES
BASED ON COST OR TIME OF PERFORMANCE.
(a) Preparation of Lists of Activities Under Contracts for Services.--
(1) Preparation of lists.--Not later than the end of the third quarter of each fiscal year beginning with fiscal year 2008, the Secretary of each military department and the head of each Defense Agency shall submit to the Secretary of Defense a list of the activities performed during the preceding fiscal year pursuant to contracts for services for or on behalf of such military department or Defense Agency, as the case may be, under which the contractor is paid on the basis of the cost or time of performance, rather than specific tasks performed or results achieved.
(2) List elements.--The entry for an activity on a list under paragraph (1) shall include, for the fiscal year covered by such entry, the following:
(A) The fiscal year for which the activity first appeared on a list under this section.
(B) The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.
(C) A determination whether the contract pursuant to which the activity is performed is a personal services contract.
(D) The name of the Federal official responsible for the management of the contract pursuant to which the activity is performed.
(E) With respect to a list for a fiscal year after fiscal year 2008, information on plans and written determinations made pursuant to subsection (c)(2).
(b) Public Availability of Lists.--Not later than 30 days after the date on which lists are required to be submitted to the Secretary of Defense under subsection (a), the Secretary shall--
(1) transmit to the congressional defense committees a copy of the lists so submitted to the Secretary;
(2) make such lists available to the public; and
(3) publish in the Federal Register a notice that such lists are available to the public.
(c) Review and Planning Requirements.--
(1) Review of lists.--Within a reasonable time after the date on which a notice of the public availability of a list is published under subsection (b)(3), the Secretary of the military department or head of the Defense Agency concerned shall--
(A) review the contracts and activities included on the list;
(B) ensure that--
(i) each contract on the list that is a personal services contract has been entered into, and is being performed, in accordance with applicable statutory and regulatory requirements;
(ii) the activities on the list do not include any inherently governmental functions; and
(iii) to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions; and
(C) for each activity on the list, either--
(i) develop a plan to convert the activity to performance by Federal employees, convert the contract to a performance-based contract, or terminate the activity; or
(ii) make a written determination that it is not practicable for the military department or Defense Agency, as the case may be, to take any of the actions otherwise required under clause (i).
(2) Elements of determination.--A written determination pursuant to subparagraph (B)(ii) shall be accompanied by--
(A) a statement of the basis for the determination; and
(B) a description of the resources that will be made available to ensure adequate planning, management, and oversight for each contract covered by the determination.
(d) Challenges to Lists.--
(1) In general.--An interested party may submit to the Secretary of the military department or head of the Defense Agency concerned a challenge to the omission of a particular activity from, or the inclusion of a particular activity on, a list made available to the public under subsection (b).
(2) Interested party defined.--In this subsection, the term
``interested party'', with respect to an activity referred to in subsection (a), means--
(A) the contractor performing the activity;
(B) an officer or employee of an organization within the military department or Defense Agency concerned that is responsible for the performance of the activity; or
(C) the head of any labor organization referred to in section 7103(a)(4) of title 5, United States Code, that includes within its membership officers or employees or an organization described in subparagraph (B).
(3) Deadline for challenge.--A challenge to a list shall be submitted under paragraph (1) not later than 30 days after the date of the publication of the notice of public availability of the list under subsection (b)(3).
(4) Resolution of challenge.--Not later than 30 days of the receipt by the Secretary of a military department or head of a Defense Agency of a challenge to a list under this subsection, an official designated by the Secretary of the military department or the head of the Defense Agency, as the case may be, shall--
(A) determine whether or not the challenge is valid; and
(B) submit to the interested party concerned a written notification of the determination, together with a discussion of the rationale for the determination.
(5) Action following determination of valid challenge.--If the Secretary of a military department or head of a Defense Agency determines under paragraph (4)(A) that a challenge under this subsection to a list under this section is valid, such official shall--
(A) notify the Secretary of Defense of the determination; and
(B) adjust the next list submitted by such official under subsection (a) after the date of the determination to reflect the resolution of the challenge.
(e) Rules of Construction.--
(1) No authorization of performance of personal services.--Nothing in this section shall be construed to authorize the performance of personal services by a contractor except where expressly authorized by a provision of statute other than this section.
(2) No public-private competition for conversion of performance of certain functions.--No public-private competition may be required under this section, Office of Management and Budget Circular A-76, or any other provision of law or regulation before a function closely associated with inherently governmental functions is converted to performance by Federal employees.
(f) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given that term in section 101(a) of title 10, United States Code.
(2) The term ``function closely associated with inherently governmental functions'' has the meaning given that term in section 2383(b)(3) of title 10, United States Code.
(3) The term ``inherently governmental functions'' has the meaning given that term in section 2383(b)(2) of title 10, United States Code.
(4) The term ``personal services contract'' means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract.
SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE
AGENCIES.
(a) Limitation on Procurements on Behalf of Department of Defense.--Except as provided in subsection (b), no official of the Department of Defense may place an order, make a purchase, or otherwise procure property or services for the Department of Defense in an amount in excess of $100,000 through a non-defense agency in any fiscal year if--
(1) the head of the non-defense agency has not certified that the non-defense agency will comply with defense procurement requirements during that fiscal year;
(2) in the case of a covered non-defense agency that has been determined under this section to be not compliant with defense procurement requirements, such determination has not been terminated in accordance with subsection (c); or
(3) in the case of a covered non-defense agency for which a memorandum of understanding is required by subsection (e)(4), the Inspector General of the Department of Defense and the Inspector General of the non-defense agency have not yet entered into such a memorandum of understanding.
(b) Exception for Procurements of Necessary Property and Services.--
(1) In general.--The limitation in subsection (a) shall not apply to the procurement of property and services on behalf of the Department of Defense by a non-defense agency during any fiscal year for which there is in effect a written determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics that it is necessary in the interest of the Department of Defense to procure property and services through the non-defense agency during such fiscal year.
(2) Scope of particular exception.--A written determination with respect to a non-defense agency under paragraph (1) shall apply to any category of procurements through the non-defense agency that is specified in the determination.
(c) Termination of Applicability of Certain Limitation.--In the event the limitation under subsection (a)(2) applies to a covered non-defense agency, the limitation shall cease to apply to the non-defense agency on the date on which the Inspector General of the Department of Defense and the Inspector General of the non-defense agency jointly--
(1) determine that the non-defense agency is compliant with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(d) Compliance With Defense Procurement Requirements.--For the purposes of this section, a non-defense agency is compliant with defense procurement requirements if the procurement policies, procedures, and internal controls of the non-defense agency applicable to the procurement of products and services on behalf of the Department of Defense, and the manner in which they are administered, are adequate to ensure the compliance of the non-defense agency with the requirements of laws and regulations (including applicable Department of Defense financial management regulations) that apply to procurements of property and services made directly by the Department of Defense.
(e) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense agency, the Inspector General of the Department of Defense and the Inspector General of such non-defense agency shall, not later than the date specified in paragraph (2), jointly--
(A) review--
(i) the procurement policies, procedures, and internal controls of such non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such non-defense agency; and
(ii) the administration of such policies, procedures, and internal controls; and
(B) determine in writing whether such non-defense agency is or is not compliant with defense procurement requirements.
(2) Deadline for reviews and determinations.--The reviews and determinations required by paragraph (1) shall take place as follows:
(A) In the case of the General Services Administration, by not later than March 15, 2010.
(B) In the case of each of the Department of the Treasury, the Department of the Interior, and the National Aeronautics and Space Administration, by not later than March 15, 2011.
(C) In the case of each of the Department of Veterans Affairs and the National Institutes of Health, by not later than March 15, 2012.
(3) Separate reviews and determinations.--The Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency may by joint agreement conduct separate reviews of the procurement of property and services on behalf of the Department of Defense that are conducted by separate business units, or under separate governmentwide acquisition contracts, of the non-defense agency. If such separate reviews are conducted, the Inspectors General shall make a separate determination under paragraph (1)(B) with respect to each such separate review.
(4) Memoranda of understanding for reviews and determinations.--Not later than one year before a review and determination is required under this subsection with respect to a covered non-defense agency, the Inspector General of the Department of Defense and the Inspector General of the covered non-defense agency shall enter into a memorandum of understanding with each other to carry out such review and determination.
(f) Treatment of Procurements for Fiscal Year Purposes.--For the purposes of this section, a procurement shall be treated as being made during a particular fiscal year to the extent that funds are obligated by the Department of Defense for the procurement in that fiscal year.
(g) Resolution of Disagreements.--If the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency are unable to agree on a joint determination under subsection (c) or (e), a determination by the Inspector General of the Department of Defense under such subsection shall be conclusive for the purposes of this section.
(h) Definitions.--In this section:
(1) The term ``covered non-defense agency'' means each of the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(2) The term ``governmentwide acquisition contract'', with respect to a covered non-defense agency, means a task or delivery order contract that--
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which property or services are procured for one or more other departments or agencies of the Federal Government.
SEC. 847. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR
SERVICES.
(a) Guidance and Instructions.--Not later than 120 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 procedures issued pursuant to this section 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; and
(4) the staffing of contract management and oversight functions.
(b) 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;
(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 150 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. 848. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS
APPLICABLE TO UNDEFINITIZED CONTRACTUAL
ACTIONS.
(a) Guidance and Instructions.--Not later than 120 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 schedules for the definitization of undefinitized contractual actions are not exceeded;
(4) procedures for ensuring compliance with limitations on the obligation of funds pursuant to undefinitized contractual actions (including, where feasible, the obligation of less than the maximum allowed at time of award);
(5) procedures (including appropriate documentation requirements) for ensuring that reduced risk is taken into account in negotiating 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 schedules or limitations on the obligation of funds.
(c) Reports.--
(1) Report on guidance and instructions.--Not later than 150 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.--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.
Subtitle D--Department of Defense Contractor Matters
SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal.--Subsection (a) of section 2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of Congress or an authorized official of an agency or the Department of Justice'' and inserting ``disclosing to a Member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, a Department of Defense employee responsible for contract oversight or management, or an authorized official of an agency or the Department of Justice, including in the case of a disclosure made in the ordinary course of an employee's duties,''; and
(2) by striking ``information relating to a substantial violation of law related to a contract (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, grant, or direct payment if the United States Government provides any portion of the money or property which is requested or demanded, a gross waste of Department of Defense funds, a substantial and specific danger to public health or safety, or a violation of law related to a Department of Defense contract (including the competition for or negotiation of a contract), grant, or direct payment if the United States Government provides any portion of the money or property which is requested or demanded''.
(b) Acceleration of Schedule for Denying Relief or Providing Remedy.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting after ``(1)'' the following: ``Not later than 90 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall determine whether the contractor concerned has subjected the complainant to a reprisal prohibited under subsection (a).''; and
(B) by adding at the end the following new subparagraphs:
``(D) In the event the disclosure relates to a cost-plus contract, prohibit the contractor from receiving one or more award fee payments to which the contractor would otherwise be eligible until such time as the contractor takes the actions ordered by the head of the agency pursuant to subparagraphs
(A) through (C).
``(E) Take the reprisal into consideration in any past performance evaluation of the contractor for the purpose of a contract award.'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new paragraph:
``(3)(A) In the case of a contract covered by subsection
(f), an employee of a contractor who has been discharged, demoted, or otherwise discriminated against as a reprisal for a disclosure covered by subsection (a) or who is aggrieved by the determination made pursuant to paragraph (1) or by an action that the agency head has taken or failed to take pursuant to such determination may, after exhausting his or her administrative remedies, 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.
``(B) An employee shall be deemed to have exhausted his or her administrative remedies for the purpose of this paragraph--
``(i) 90 days after the receipt of a written determination under paragraph (1); or
``(ii) 15 months after a complaint is submitted under subsection (b), if a determination by an agency head has not been made by that time and such delay is not shown to be due to the bad faith of the complainant.''.
(c) Legal Burden of Proof.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following new subsection:
``(e) Legal Burden of Proof.--The legal burdens of proof specified in section 1221(e) of title 5 shall be controlling for the purposes of any investigation conducted by an inspector general, decision by the head of an agency, or hearing to determine whether discrimination prohibited under this section has occurred.''.
(d) Requirement To Notify Employees of Rights Related to Protection From Reprisal.--Such section, as amended by subsection (c), is further amended by inserting after subsection (e) the following new subsection:
``(f) Notice of Rights Related to Protection From Reprisal.--
``(1) In general.--Each Department of Defense contract in excess of $5,000,000, other than a contract for the purchase of commercial items, shall include a clause requiring the contractor to ensure that all employees of the contractor who are working on Department of Defense contracts are notified of--
``(A) their rights under this section;
``(B) the fact that the restrictions imposed by any employee contract, employee agreement, or non-disclosure agreement may not supersede, conflict with, or otherwise alter the employee rights provided for under this section; and
``(C) the telephone number for the whistleblower hotline of the Inspector General of the Department of Defense.
``(2) Form of notice.--The notice required by paragraph (1) shall be made by posting the required information at a prominent place in each workplace where employees working on the contract regularly work.''.
(e) Definitions.--Subsection (g) of such section, as redesignated by subsection (c)(1), is amended--
(1) in paragraph (4), by inserting after ``an agency'' the following: ``and includes any person receiving funds covered by the prohibition against reprisals in subsection (a)'';
(2) in paragraph (5), by inserting after ``1978'' the following: ``and any Inspector General that receives funding from or is under the jurisdiction of the Secretary of Defense''; and
(3) by adding at the end the following new paragraphs:
``(6) The term `employee' means an individual (as defined by section 2105 of title 5) or any individual or organization performing services for a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is requested or demanded (including as an employee of an organization).
``(7) The term `Department of Defense funds' includes funds controlled by the Department of Defense and funds for which the Department of Defense may be reasonably regarded as responsible to a third party.''.
SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO
CERTAIN FORMER DEPARTMENT OF DEFENSE OFFICIALS.
(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States Code, as amended by section 826 of this Act, is further amended by adding at the end the following new section:
``Sec. 2410r. Defense contractors: requirements concerning former Department of Defense officials
``(a) In General.--Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of commercial items, that is entered into by the Department of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b).
``(b) Report Information.--Except as provided in subsection
(c), a report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served--
``(i) in an Executive Schedule position under subchapter II of chapter 53 of title 5;
``(ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5;
``(iii) in a general or flag officer position compensated at a rate of pay for grade 0-7 or above under section 201 of title 37; or
``(iv) as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract with a value in excess of $10,000,000; and
``(B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor not more than two years after such officer, employee, or member left service in the Department of Defense; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense;
``(B) state such person's job title and identify each major defense system, if any, on which such person performed any work with the Department of Defense during the last two years of such person's service with the Department; and
``(C) state such person's current job title with the contractor and identify each major defense system on which such person has performed any work on behalf of the contractor.
``(c) Duplicate Information Not Required.--An annual report submitted by a contractor pursuant to subsection (b) need not provide information with respect to any former officer or employee of the Department of Defense or former or retired member of the armed forces if such information has already been provided in a previous annual report filed by such contractor under this section.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 141 of such title, as so amended, is further amended by adding at the end the following new item:
``2410r. Defense contractors: requirements concerning former Department of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to contracts entered into on or after that date.
SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR
DEFENSE CONTRACTORS.
(a) Report Required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the internal ethics programs of major defense contractors.
(b) Elements.--The report required by subsection (a) shall address, at a minimum--
(1) the extent to which major defense contractors have internal ethics programs in place;
(2) the extent to which the ethics programs described in paragraph (1) include--
(A) the availability of internal mechanisms, such as hotlines, for contractor employees to report conduct that may violate applicable requirements of law or regulation;
(B) notification to contractor employees of the availability of external mechanisms, such as the hotline of the Inspector General of the Department of Defense, for the reporting of conduct that may violate applicable requirements of law or regulation;
(C) notification to contractor employees of their right to be free from reprisal for disclosing a substantial violation of law related to a contract, in accordance with section 2409 of title 10, United States Code;
(D) ethics training programs for contractor officers and employees;
(E) internal audit or review programs to identify and address conduct that may violate applicable requirements of law or regulation;
(F) self-reporting requirements, under which contractors report conduct that may violate applicable requirements of law or regulation to appropriate government officials;
(G) disciplinary action for contractor employees whose conduct is determined to have violated applicable requirements of law or regulation; and
(H) appropriate management oversight to ensure the successful implementation of such ethics programs;
(3) the extent to which the Department of Defense monitors or approves the ethics programs of major defense contractors; and
(4) the advantages and disadvantages of legislation requiring that defense contractors develop internal ethics programs and requiring that specific elements be included in such ethics programs.
(c) Access to Information.--In accordance with the contract clause required pursuant to section 2313(c) of title 10, United States Code, each major defense contractor shall provide the Comptroller General access to information requested by the Comptroller General that is within the scope of the report required by this section.
(d) Major Defense Contractor Defined.--In this section, the term ``major defense contractor'' means any company that received more than $500,000,000 in contract awards from the Department of Defense during fiscal year 2006.
SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH
CONTRACTORS OR SUBCONTRACTORS EMPLOYING MEMBERS
OF THE SELECTED RESERVE.
(a) Study Required.--The Secretary of Defense shall conduct a study on contracting with the Department of Defense by actual and potential contractors and subcontractors of the Department who employ members of the Selected Reserve of the reserve components of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall address the following:
(1) The extent to which actual and potential contractors and subcontractors of the Department, including small businesses, employ members of the Selected Reserve.
(2) The extent to which actual and potential contractors and subcontractors of the Department have been or are likely to be disadvantaged in the performance of contracts with the Department, or in competition for new contracts with the Department, when employees who are such members are mobilized as part of a United States military operation overseas.
(3) Any actions that, in the view of the Secretary, should be taken to address any such disadvantage, including--
(A) the extension of additional time for the performance of contracts to contractors and subcontractors of the Department who employ members of the Selected Reserve who are mobilized as part of a United States military operation overseas; and
(B) the provision of assistance in forming contracting relationships with other entities to ameliorate the temporary loss of qualified personnel.
(4) For any action addressed under paragraph (3)--
(A) the impact of that action on small business concerns
(as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)); and
(B) how contractors and subcontractors that are small business concerns may assist in addressing any such disadvantage.
(c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study required by this section. The report shall set forth the findings and recommendations of the Secretary as a result of the study.
(d) Repeal of Superseded Authority.--Section 819 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is repealed.
SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL
OUTSIDE THE ACQUISITION WORKFORCE.
(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 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) Comptroller General Report.--Section 854(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (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 added).''.
Subtitle E--Other Matters
SEC. 871. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS
IN AREAS OF COMBAT OPERATIONS.
(a) Regulations on Contractors Performing Private Security Functions.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations on the selection, training, equipping, and conduct of personnel performing private security functions under a covered contract or covered subcontract in an area of combat operations.
(2) Elements.--The regulations prescribed under subsection
(a) shall, at a minimum, establish--
(A) a process for registering, processing, 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 operated by contractors and subcontractors 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 filled 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, where appropriate, 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) qualification, training, screening, and security requirements 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 and subcontractors performing private security functions relating to 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 Department of Defense shall implement the training requirements referred to in subparagraph (G)(ii).
(3) 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 and subcontractors referred to in that paragraph, including through the maintenance of a single location (including an Internet website) at or through which such contractors and subcontractors may access such orders, directives, and instructions.
(b) Contract Clause on Contractors Performing Private Security Functions.--
(1) Requirement under far.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to require the insertion into each covered contract and covered subcontract of a contract clause addressing the selection, training, equipping, and conduct of personnel performing private security functions under such contract or subcontract.
(2) Clause requirement.--The contract clause required by paragraph (1) shall require, at a minimum, that the contractor or subcontractor concerned shall--
(A) comply with Department of Defense procedures for--
(i) registering, processing, 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 or subcontract are briefed on and understand their obligation to comply with--
(i) qualification, training, screening, and security requirements established by the Secretary of Defense for personnel performing private security functions in an area of combat operations;
(ii) applicable laws and regulations of the United States and the host country, and applicable treaties and international agreements, regarding the performance of the functions of the contractor or subcontractor;
(iii) orders, directives, and instructions issued by the applicable commander of a combatant command relating to force protection, security, health, safety, or relations and interaction with locals; and
(iv) rules 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)(D) by providing access to employees of the contractor or subcontractor, as the case may be, and relevant information in the possession of the contractor or subcontractor, as the case may be, regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The contracting officer for a covered contract or subcontract may direct the contractor or subcontractor, at its own expense, to remove or replace any personnel performing private security functions in an area of combat operations who violate or fail to comply with applicable requirements of the clause required by this subsection. If the violation or failure to comply is significant or repeated, the contract or subcontract may be terminated for default.
(4) Applicability.--The contract clause required by this subsection shall be included in all covered contracts and covered subcontracts awarded on or after the date that is 180 days after the date of the enactment of this Act. Federal agencies shall make best efforts to provide for the inclusion of the contract clause required by this subsection in covered contracts and covered subcontracts awarded before such date.
(5) Inspector general report on pilot program on imposition of fines for noncompliance of personnel with clause.--Not later than January 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 or subcontractors 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) Designation.--The Secretary of Defense shall designate the areas constituting an area of combat operations for purposes of this section by not later than 120 days after the date of the enactment of this Act.
(2) Particular areas.--Iraq and Afghanistan shall be included in the areas designated as an area of combat operations under paragraph (1).
(3) Additional areas.--The Secretary may designate any additional area as an area constituting an area of combat operations for purposes of this section if the Secretary determines that the presence or potential of combat operations in such area warrants designation of such area as an area of combat operations for purposes of this section.
(4) Modification or elimination of designation.--The Secretary may modify or cease the designation of an area under this subsection as an area of combat operations if the Secretary determines that combat operations are no longer ongoing in such area.
(d) Definitions.--In this section:
(1) The term ``covered contract'' means a contract of a Federal agency for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c).
(2) The term ``covered subcontract'' means a subcontract for the performance of private security functions at any tier under a covered contract.
(3) The term ``private security functions'' means activities engaged in by a contractor or subcontractor under a covered contract or subcontract as follows:
(A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.
(B) Any other activity for which personnel are required to carry weapons in the performance of their duties.
SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN IRAQ AND AFGHANISTAN.
(a) In General.--In the case of a product or service to be acquired in support of military operations or stability operations in Iraq or Afghanistan (including security, transition, reconstruction, and humanitarian relief activities) for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which--
(1) competition is limited to products or services that are from Iraq or Afghanistan;
(2) procedures other than competitive procedures are used to award a contract to a particular source or sources from Iraq or Afghanistan; or
(3) a preference is provided for products or services that are from Iraq or Afghanistan.
(b) Determination.--A determination described in this subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used only by the military forces, police, or other security personnel of Iraq or Afghanistan; or
(2) it is in the national security interest of the United States to limit competition, use procedures other than competitive procedures, or provide a preference as described in subsection (a) because--
(A) such limitation, procedure, or preference is necessary to provide a stable source of jobs in Iraq or Afghanistan; and
(B) such limitation, procedure, or preference will not adversely affect--
(i) military operations or stability operations in Iraq or Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Iraq or Afghanistan.--For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is mined, produced, or manufactured in Iraq or Afghanistan.
(2) A service is from Iraq or Afghanistan if it is performed in Iraq or Afghanistan by citizens or permanent resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are from Iraq or Afghanistan.
SEC. 873. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF
DEFENSE POLICIES AND PROCEDURES FOR THE
ACQUISITION OF INFORMATION TECHNOLOGY.
(a) Review Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense policies and procedures for the acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the review required by subsection (a) shall include the following:
(1) Department of Defense policies and procedures for acquiring national security systems, business information systems, and other information technology.
(2) The roles and responsibilities in implementing such policies and procedures of--
(A) the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(B) the Chief Information Officer of the Department of Defense;
(C) the Director of the Business Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the military departments;
(F) Defense Agency acquisition officials;
(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 the Clinger-Cohen Act (division E of Public Law 104-106) and the Paperwork Reduction Act of 1995 regarding performance-based and results-based management, capital planning, and investment control in the acquisition of information technology.
(5) Department of Defense policies and procedures for maximizing the usage of commercial information technology while ensuring the security of the microelectronics, software, and networks of the Department.
(6) The suitability of Department of Defense acquisition regulations, including Department of Defense Directive 5000.1 and the accompanying milestones, to the acquisition of information technology systems.
(7) The adequacy and transparency of performance metrics currently used by the Department of Defense for the acquisition of information technology systems.
(8) The effectiveness of existing statutory and regulatory reporting requirements for the acquisition of information technology systems.
(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.
SEC. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION AUTHORITY
FOR THE UNIFIED COMBATANT COMMAND FOR JOINT
WARFIGHTING EXPERIMENTATION.
(a) Sustainment of Equipment.--
(1) In general.--Subsection (a) of section 167a of title 10, United States Code, is amended by striking ``and acquire'' and inserting ``, acquire, and sustain''.
(2) Conforming amendment.--Subsection (d) of such section is amended in the matter preceding paragraph (1) by striking
``or acquisition'' and inserting ``, acquisition, or sustainment''.
(b) Two-Year Extension.--Subsection (f) of such section is amended--
(1) by striking ``through 2008'' and inserting ``through 2010''; and
(2) by striking ``September 30, 2008'' and inserting
``September 30, 2010''.
SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF
ESSENTIAL MILITARY ITEMS AND MILITARY SYSTEM
ESSENTIAL ITEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
SEC. 876. GREEN PROCUREMENT POLICY.
(a) Findings.--The Senate makes the following findings:
(1) On September 1, 2004, the Department of Defense issued its green procurement policy. The policy affirms a goal of 100 percent compliance with Federal laws and executive orders requiring purchase of environmentally friendly, or green, products and services. The policy also outlines a strategy for meeting those requirements along with metrics for measuring progress.
(2) On September 13, 2006, the Department of Defense hosted a biobased product showcase and educational event which underscores the importance and seriousness with which the Department is implementing its green procurement program.
(3) On January 24, 2007, President Bush signed Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management, which contains the requirement that Federal agencies procure biobased and environmentally preferable products and services.
(4) Although the Department of Defense continues to work to become a leading advocate of green procurement, there is concern that there is not a procurement application or process in place at the Department that supports compliance analysis.
(b) Sense of the Senate.--It is the sense of the Senate that the Department of Defense should establish a system to document and track the use of environmentally preferable products and services.
(c) 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 its 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.
SEC. 877. GAO 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, since the date of enactment of the Defense Production Act Reauthorization of 2003 (Public Law 108-195), in light of amendments made by that Act.
(b) Considerations.--In conducting the review required by this section, the Comptroller shall examine--
(1) existing authorities under the Defense Production Act of 1950;
(2) whether and how such authorities should be statutorily modified to ensure preparedness of the United States and United States industry--
(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 effectiveness of amendments made by the Defense Production Act Reauthorization of 2003, and the implementation of such amendments;
(4) advantages and limitations of Defense Production Act of 1950-related capabilities, to ensure adaptation of the law to meet the security challenges of the 21st Century;
(5) the economic impact of foreign offset contracts and the efficacy of existing authority in mitigating such impact;
(6) the relative merit of developing rapid and standardized systems for use of the authority provided under the Defense Production Act of 1950, by any Federal agency; and
(7) such other issues as the Comptroller determines relevant.
(c) Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Comptroller shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of the review conducted under this section, together with any legislative recommendations.
(d) Rules of Construction on Protection of Information.--Notwithstanding any other provision of law--
(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. 878. TRANSPARENCY AND ACCOUNTABILITY IN MILITARY AND
SECURITY CONTRACTING.
(a) Reports on Iraq and Afghanistan Contracts.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, the Secretary of the Interior, the Administrator of the United States Agency for International Development, and the Director of National Intelligence shall each submit to Congress a report that contains the information, current as of the date of the enactment of this Act, as follows:
(1) The number of persons performing work in Iraq and Afghanistan under contracts (and subcontracts at any tier) entered into by departments and agencies of the United States Government, including the Department of Defense, the Department of State, the Department of the Interior, and the United States Agency for International Development, respectively, and a brief description of the functions performed by these persons.
(2) The companies awarded such contracts and subcontracts.
(3) The total cost of such contracts.
(4) A method for tracking the number of persons who have been killed or wounded in performing work under such contracts.
(b) Sense of the Senate.--It is the sense of the Senate that the Secretary of Defense, the Secretary of State, the Secretary of the Interior, the Administrator of the United States Agency for International Development, and the Director of National Intelligence should make their best efforts to compile the most accurate accounting of the number of civilian contractors killed or wounded in Iraq and Afghanistan since October 1, 2001.
(c) Department of Defense Report on Strategy for and Appropriateness of Activities of Contractors Under Department of Defense Contracts in Iraq, Afghanistan, and the Global War on Terror.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the strategy of the Department of Defense for the use of, and a description of the activities being carried out by, contractors and subcontractors working in Iraq and Afghanistan in support of Department missions in Iraq, Afghanistan, and the Global War on Terror, including its strategy for ensuring that such contracts do not--
(1) have private companies and their employees performing inherently governmental functions; or
(2) place contractors in supervisory roles over United States Government personnel. SEC. 879. MOAB SITE AND CRESCENT JUNCTION SITE, UTAH.
(a) The Secretary of Energy shall develop a strategy to complete the remediation at the Moab site, and the removal of the tailings to the Crescent Junction site, in the State of Utah by not later than January 1, 2019.
(b) Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of each of the Senate and the House of Representatives a report describing the strategy developed under subsection (a) and changes to the existing cost, scope and schedule of the remediation and removal activities that will be necessary to implement the strategy.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL.
(a) Repeal.--Section 130a of title 10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130a.
SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPARTMENT OF
DEFENSE.
(a) Service of Deputy Secretary of Defense as Chief Management Officer of Department of Defense.--Section 132 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
``(c)(1) The Deputy Secretary--
``(A) serves as the Chief Management Officer of the Department of Defense; and
``(B) is the principal adviser to the Secretary of Defense on matters relating to the management of the Department of Defense, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of Defense that relate to the performance of the following functions:
``(i) Planning and budgeting, including performance measurement.
``(ii) Acquisition.
``(iii) Logistics.
``(iv) Facilities, installations, and environment.
``(v) Financial management.
``(vi) Human resources and personnel.
``(vii) Management of information resources, including information technology, networks, and telecommunications functions.
``(2) In carrying out the duties of Chief Management Officer of the Department of Defense, the Deputy Secretary shall--
``(A) develop and maintain a departmentwide strategic plan for business reform identifying key initiatives to be undertaken by the Department of Defense and its components, together with related resource needs;
``(B) establish performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of Defense;
``(C) monitor the progress of the Department of Defense and its components in meeting performance goals and measures established pursuant to subparagraph (B);
``(D) review and approve plans and budgets for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph
(A);
``(E) oversee the development of, and review and approve, all budget requests for defense business systems, including the information to be submitted to Congress under section 2222(h) of this title; and
``(F) subject to the authority, direction, and control of the Secretary of Defense, perform the responsibilities of the Secretary under section 2222 of this title.
``(3) The Deputy Secretary exercises the authority of the Secretary of Defense in the performance of the duties of Chief Management Officer of the Department of Defense under this subsection subject to the authority, direction, and control of the Secretary. The exercise of that authority is binding on the Secretaries of the military departments and the heads of the other elements and components of the Department of Defense.''.
(b) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of such title is amended by inserting after section 133b the following new section:
``Sec. 133c. Under Secretary of Defense for Management
(Deputy Chief Management Officer)
``(a) There is an Under Secretary of Defense for Management
(Deputy Chief Management Officer), appointed from civilian life by the President, by and with the advice and consent of the Senate, from among persons who have--
``(1) extensive executive level leadership and management experience in the public or private sector;
``(2) strong leadership skills;
``(3) a demonstrated ability to manage large and complex organizations; and
``(4) a record of achieving positive operational results.
``(b) The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall assist the Deputy Secretary of Defense in the performance of his duties as Chief Management Officer. The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall act for, and exercise the powers of, the Chief Management Officer when the Deputy Secretary is absent or disabled or there is no Deputy Secretary.
``(c)(1) With respect to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Management
(Deputy Chief Management Officer) takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.
``(2) With respect to all matters other than matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of Defense after the Secretaries of the military departments and the Under Secretary of Defense for Acquisition, Technology, and Logistics.''.
(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 133b the following new item:
``133c. Under Secretary of Defense for Management (Deputy Chief
Management Officer).''.
(3) Executive schedule level iii.--Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Defense for Intelligence the following new item:
``Under Secretary of Defense for Management (Deputy Chief Management Officer).''.
(4) Placement in osd.--Section 131(b)(2) of title 10, United States Code, is amended--
(A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the following new subparagraph (B):
``(B) The Under Secretary of Defense for Management (Deputy Chief Management Officer).''.
(5) Conforming amendment.--Section 134(c) of such title is amended by striking ``the Secretary of Defense'' and all that follows and inserting ``the Under Secretary of Defense for Management (Deputy Chief Management Officer).''.
(c) Chief Management Officers of the Military Departments.--
(1) Department of the army.--Section 3015 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Army.
``(2) The Under Secretary is the principal adviser to the Secretary of the Army on matters relating to the management of the Department of the Army, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Army that relate to the performance of the following functions:
``(A) Planning and budgeting, including performance measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including information technology, networks, and telecommunications functions.
``(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Army for business reform, together with related resource needs;
``(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Army;
``(C) monitoring the progress of the Department of the Army and its components in meeting the performance goals and measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the Department of the Army for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Army, including the information to be submitted to Congress under section 2222(h) of this title.''.
(2) Department of the navy.--Section 5015 of such title is amended by adding at the end the following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Navy.
``(2) The Under Secretary is the principal adviser to the Secretary of the Navy on matters relating to the management of the Department of the Navy, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Navy that relate to the performance of the following functions:
``(A) Planning and budgeting, including performance measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including information technology, networks, and telecommunications functions.
``(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Navy for business reform, together with related resource needs;
``(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Navy;
``(C) monitoring the progress of the Department of the Navy and its components in meeting the performance goals and measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the Department of the Navy for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Navy, including the information to be submitted to Congress under section 2222(h) of this title.''.
(3) Department of the air force.--Section 8015 of such title is amended by adding at the end the following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Air Force.
``(2) The Under Secretary is the principal adviser to the Secretary of the Air Force on matters relating to the management of the Department of the Air Force, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Air Force that relate to the performance of the following functions:
``(A) Planning and budgeting, including performance measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including information technology, networks, and telecommunications functions.
``(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Air Force for business reform, together with related resource needs;
``(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Air Force;
``(C) monitoring the progress of the Department of the Air Force and its components in meeting the performance goals and measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the Department of the Air Force for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Air Force, including the information to be submitted to Congress under section 2222(h) of this title.''.
(d) Matters Relating to Financial Management Modernization Executive Committee.--Section 185(a) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (E) as subparagraphs (C) though (G), respectively; and
(B) by inserting before subparagraph (C), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs:
``(A) The Deputy Secretary of Defense, who shall be the chairman of the committee.
``(B) The Under Secretary of Defense for Management (Deputy Chief Management Officer), who shall act as the chairman of the committee in the absence of the Deputy Secretary of Defense.''; and
(C) in subparagraph (C), as so redesignated, by striking
``, who shall be the chairman of the committee''; and
(2) in paragraph (3), by inserting ``the Under Secretary of Defense for Management (Deputy Chief Management Officer),'' after ``the Deputy Secretary of Defense,''.
(e) Matters Relating to Defense Business System Management Committee.--Section 186 of such title is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following new paragraph (2):
``(2) The Under Secretary of Defense for Management (Deputy Chief Management Officer).''; and
(2) in subsection (b), by striking the second sentence and inserting the following new sentence: ``The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall serve as the vice chairman of the committee, and shall act as the chairman of the committee in the absence of the Deputy Secretary of Defense.''.
(f) Management of Defense Business Transformation Agency.--Section 192(e)(2) of such title is amended by striking ``that the Agency'' and all that follows and inserting ``that the Director of the Agency shall report directly to the Under Secretary of Defense for Management (Deputy Chief Management Officer).''.
SEC. 903. MODIFICATION OF BACKGROUND REQUIREMENT OF
INDIVIDUALS APPOINTED AS UNDER SECRETARY OF
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.
Section 133(a) of title 10, United States Code, is amended by striking ``in the private sector''.
SEC. 904. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.
(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United States Code, is amended by inserting after section 182 the following new section:
``Sec. 183. Department of Defense Board of Actuaries
``(a) In General.--There shall be in the Department of Defense a Department of Defense Board of Actuaries
(hereinafter in this section referred to as the `Board').
``(b) Members.--(1) The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member's term until the member's successor takes office.
``(3) A member of the Board may be removed by the Secretary of Defense only for misconduct or failure to perform functions vested in the Board.
``(4) A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5 for each day the member is engaged in the performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of that title in connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of Defense Military Retirement Fund in accordance with section 1465(c) of this title and submit to the President and Congress, not less often than once every four years, a report on the status of that Fund, including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis.
``(2) To review valuations of the Department of Defense Education Benefits Fund in accordance with section 2006(e) of this title and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis.
``(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis.
``(d) Records.--The Secretary of Defense shall ensure that the Board has access to such records regarding the funds referred to in subsection (c) as the Board shall require to determine the actuarial status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary of Defense on an annual basis a report on the actuarial status of each of the following:
``(A) The Department of Defense Military Retirement Fund.
``(B) The Department of Defense Education Benefits Fund.
``(C) Each other fund specified by Secretary under subsection (c)(3).
``(2) The Board shall also furnish its advice and opinion on matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 182 the following new item:
``183. Department of Defense Board of Actuaries.''.
(3) Initial service as board members.--Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act shall serve as an initial member of the Department of Defense Board of Actuaries under section 183 of title 10, United States Code
(as added by paragraph (1)), from that date until the date otherwise provided for the completion of such individual's term as a member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of actuaries.--
(A) Section 1464 of title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 1464.
(2) Department of defense education benefits board of actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking ``subsection (g)'' and inserting ``subsection (f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively;
(D) in subsection (e), as redesignated by subparagraph (C), by striking ``subsection (g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection (f)(3)'' and inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by striking ``subsection (f)(4)'' and inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States Code, is amended by striking ``Retirement'' the first place it appears.
(2) Section 1460(b) of such title is amended by striking
``Retirement''.
(3) Section 1466(c)(3) of such title is amended by striking
``Retirement''.
(4) Section 12521(6) of such title is amended by striking
``Department of Defense Education Benefits Board of Actuaries referred to in section 2006(e)(1) of this title'' and inserting ``Department of Defense Board of Actuaries under section 183 of this title''.
SEC. 905. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS
FOR ACQUISITION MATTERS; PRINCIPAL MILITARY
DEPUTIES.
(a) Department of the Army.--Section 3016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Acquisition, Technology, and Logistics. The principal duty of the Assistant Secretary shall be the overall supervision of acquisition, technology, and logistics matters of the Department of the Army.
``(B) The Assistant Secretary shall have a Principal Deputy, who shall be a lieutenant general of the Army on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal 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 Deputy, who shall be a vice admiral of the Navy or a lieutenant general of the Marine Corps on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal 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 Deputy, who shall be a lieutenant general of the Air Force on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Deputy shall be designated as a critical acquisition position under section 1733 of this title.''.
(d) Duty of Principal Military Deputies To Inform Service Chiefs on Major Defense Acquisition Programs.--Each Principal Deputy to a service acquisition executive shall be responsible for keeping the Chief of Staff of the Armed Force concerned informed of the progress of major defense acquisition programs.
(e) Exclusion of Principal Military Deputies From Distribution and Strength in Grade Limitations.--
(1) Distribution.--Section 525(b) of such title is amended by adding at the end the following new paragraph:
``(9)(A) An officer while serving in a position specified in subparagraph (B) is in addition to the number that would otherwise be permitted for that officer's armed force for the grade of lieutenant general or vice admiral, as applicable.
``(B) A position specified in this subparagraph is each position as follows:
``(i) Principal Deputy to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
``(ii) Principal Deputy to the Assistant Secretary of the Navy for Research, Development, and Acquisition.
``(iii) Principal Deputy to the Assistant Secretary of the Air Force for Acquisition.''.
(2) Authorized strength.--Section 526 of such title is amended by adding at the end the following new subsection:
``(g) Exclusion of Principal Deputies to Assistant Secretaries of the Military Departments for Acquisition Matters.--The limitations of this section do not apply to a general or flag officer who is covered by the exclusion under section 525(b)(9) of this title.''.
SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY DEPUTY CHIEFS
OF STAFF AND ASSISTANT CHIEFS OF STAFF.
Subsection (b) of section 3035 of title 10, United States Code, is amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff. The aggregate number of such positions may not exceed eight positions.''.
SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.
It is the sense of Congress that the term of office of the Director of Operational Test and Evaluation of the Department of Defense should be not less than five years.
Subtitle B--Space Matters
SEC. 921. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the national security space policy and strategy of the United States for the near term, the Secretary of Defense and the Director of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period.
(b) Elements of Review.--The review conducted under subsection (a) shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and offensive counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and reconnaissance from space.
(F) Any other matter the Secretary considers relevant to understanding the space posture of the United States.
(2) A description of current and planned space acquisition programs that are in acquisition categories 1 and 2, including how each such program will address the policy, requirements, and objectives described under each of subparagraphs (A) through (F) of paragraph (1).
(3) A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (F) of paragraph (1).
(4) An assessment of the relationship among the following:
(A) United States military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(5) An assessment of the effect of the military and national security space policy of the United States on the proliferation of weapons capable of targeting objects in space or objects on Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional committees specified in paragraph (3) a report on the review conducted under subsection (a).
(2) Form of report.--The report under this subsection shall be submitted in unclassified form, but may include a classified annex.
(3) Committees.--The congressional committees specified in this paragraph are--
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(d) Posture Review Period Defined.--In this section, the term ``posture review period'' means the 10-year period beginning on February 1, 2009.
SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR
DEFENSE SPACE PROGRAMS.
Section 911(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2621) is amended by inserting ``, and March 15, 2008,'' after ``March 15, 2003,''.
Subtitle C--Other Matters
SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF
CLIMATE CHANGE ON DEPARTMENT FACILITIES,
CAPABILITIES, AND MISSIONS.
Section 118 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(g) Consideration of Effect of Climate Change on Department Facilities, Capabilities, and Missions.--(1) The first national security strategy and national defense strategy prepared after the date of the enactment of this subsection shall include guidance for military planners--
``(A) to assess the risks of projected climate change to current and future missions of the armed forces;
``(B) to update defense plans based on these assessments, including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant research and development; and
``(C) to develop the capabilities needed to reduce future impacts.
``(2) The first quadrennial defense review prepared after the date of the enactment of this subsection shall also examine the capabilities of the armed forces to respond to the consequences of climate change, in particular, preparedness for natural disasters from extreme weather events and other missions the armed forces may be asked to support inside the United States and overseas.
``(3) For planning purposes to comply with the requirements of this subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change;
``(B) subsequent mid-range consensus climate projections if more recent information is available when the next national security strategy, national defense strategy, or quadrennial defense review, as the case may be, is conducted; and
``(C) findings of appropriate and available estimations or studies of the anticipated strategic, social, political, and economic effects of global climate change and the implications of such effects on the national security of the United States.
``(4) The Secretary shall ensure that this subsection is implemented in a manner that does not have a negative impact on national security.
``(5) In this subsection, the term `national security strategy' means the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a).''.
SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) Appointments.--
(1) In general.--Section 2113 of title 10, United States Code, is amended--
(A) in subsection (a)(1), by striking ``by the President, by and with the advice and consent of the Senate'' and inserting ``by the Secretary of Defense''; and
(B) in subsection (b)--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2).
(2) Chairman.--Subsection (c) of such section is amended by striking ``the President'' and inserting ``the Secretary''.
(b) Statutory Redesignation of Dean as President.--
(1) Section 2113 of such title is further amended by striking ``Dean'' each place it appears in subsections (d) and (f)(1) and inserting ``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).
(c) Compensation of Members for Performance of Duties.--Subsection (e) of section 2113 of such title is further amended by striking ``but not exceeding $100 per diem''.
SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--The Secretary of Defense shall establish in the University the United States Military Cancer Institute. The Institute shall be established pursuant to regulations prescribed by the Secretary.
``(b) Purposes.--The purposes of the Institute are as follows:
``(1) To establish and maintain a clearinghouse of data on the incidence and prevalence of cancer among members and former members of the armed forces.
``(2) To conduct research that contributes to the detection or treatment of cancer among the members and former members of the armed forces.
``(c) Head of Institute.--The Director of the United States Military Cancer Institute is the head of the Institute. The Director shall report to the President of the University regarding matters relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for affiliation with the Institute.
``(2) The components of the Institute include military treatment and research facilities that meet applicable criteria and are designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States Military Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including assessments of the carcinogenic effect of genetic and environmental factors, and of disparities in health, inherent or common among populations of various ethnic origins within the members of the armed forces.
``(B) The prevention and early detection of cancer among members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation matters relating to the matters described in subparagraphs
(A) and (B).
``(2) The research studies under paragraph (1) shall include complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United States Military Cancer Institute shall carry out the research studies under subsection (e) in collaboration with other cancer research organizations and entities selected by the Institute for purposes of the research studies.
``(g) Annual Report.--(1) Not later than November 1 each year, the Director of the United States Military Cancer Institute shall submit to the President of the University a report on the current status of the research studies being carried out by the Institute under subsection (e).
``(2) Not later than 60 days after receiving a report under paragraph (1), the President of the University shall transmit such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 104 of such title is amended by adding at the end the following new item:
``2117. United States Military Cancer Institute.''.
SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCELLENCE IN HUMAN
RIGHTS.
(a) Center Authorized.--The Secretary of Defense may establish and operate a center to be known as the Western Hemisphere Center for Excellence in Human Rights.
(b) Missions.--The missions of the Center shall be as follows:
(1) To provide and facilitate education, training, research, strategic planning, and reform on the integration of respect for human rights into all aspects of military operations, doctrine, education, judicial systems, and other internal control mechanisms, and into the relations of the military with civil society, including the development of programs to combat the growing phenomenon of trafficking in persons.
(2) To sponsor conferences, symposia, seminars, academic exchanges, and courses, as well as special projects such as studies, reviews, design of curricula, and evaluations, on the matters covered by paragraph (1).
(3) In carrying out its other mission, to place special emphasis on the implementation of reforms that result in measurable improvements in respect for human rights in the provision of effective security.
(c) Formulation and Execution of Programs.--
(1) Concurrence of secretary of state.--The Secretary of Defense may carry out this section only with the concurrence of the Secretary of State.
(2) Formulation and execution of programs.--The Secretary of Defense and the Secretary of State shall--
(A) jointly formulate any program or other activities undertaken under this section; and
(B) shall coordinate with one another, under procedures that they jointly establish, to ensure appropriate implementation of such programs and activities, including in a manner that--
(i) incorporates appropriate vetting procedures, irrespective of the source of funding for the activity; and
(ii) avoids duplication with existing programs.
(d) Joint Operation With Educational Institutions and Nongovernmental Organizations Authorized.--The Secretary of Defense may enter into agreements with appropriate officials of institutions of higher education and nongovernmental organizations to provide for the joint operation of the Center by the Secretary and such entities. Any such agreement may provide for the institution or organization concerned to furnish necessary administrative services for the Center, including administration and allocation of funds.
(e) Acceptance of Gifts and Donations.--
(1) Acceptance authorized.--Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center, gifts and donations to be used to defray the costs of the Center or to enhance the operation of the Center. Any such gift or donation may be accepted from any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country.
(2) Limitation.--The Secretary may not accept a gift or donation under paragraph (1) if acceptance of the gift or donation would compromise or appear to compromise--
(A) the ability of the Department of Defense, any employee of the Department, or members of the Armed Forces to carry out any responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department or of any person involved in such a program.
(3) Crediting.--Amounts accepted as a gift or donation under paragraph (1) shall be credited to the appropriation available to the Department of Defense for the Western Hemisphere Center for Excellence in Human Rights. Amounts so credited shall be merged with the appropriation to which credited, and shall be available to the Center for the same purposes, and subject to the same conditions and limitations, as amounts in the appropriation with which merged.
(4) Annual report.--Not later than January 31 each year, the Secretary shall submit to the congressional defense committees a report on the gifts or donations accepted under paragraph (1) during the preceding year. Each report shall include, for the year covered by such report, a description of each gift of donation so accepted, including--
(A) the source of the gift or donation;
(B) the amount of the gift or donation; and
(C) the use of the gift or donation.
SEC. 935. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE
COMBATANT COMMANDS IN BOARD OF VISITORS OF
WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.
Subparagraph (F) of section 2166(e)(1) of title 10, United States Code, is amended to read as follows:
``(F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.''.
SEC. 936. COMPTROLLER GENERAL ASSESSMENT OF PROPOSED
REORGANIZATION OF THE OFFICE OF THE UNDER
SECRETARY OF DEFENSE FOR POLICY.
(a) Assessment Required.--Not later than March 1, 2008, the Comptroller General of the United States shall submit to the congressional defense committees a report containing an assessment of the proposed reorganization of the office of the Under Secretary of Defense for Policy, including an assessment with respect to the matters set forth in subsection (b).
(b) Matters To Be Assessed.--The matters to be included in the assessment required by subsection are as follows:
(1) Whether the proposed reorganization of the office will further the stated purposes of the proposed reorganization in the short-and long-term, namely whether the proposed reorganization will enhance the ability of the Department of Defense--
(A) to address current security priorities, including the war in Iraq and the global war on terrorism in Afghanistan and elsewhere;
(B) to manage geopolitical defense relationships; and
(C) to anticipate future strategic shifts.
(2) Whether, and to what extent, the proposed reorganization adheres to generally accepted principles of effective organization such as establishing clear goals, identifying clear lines of authority and accountability, and developing an effective human capital strategy.
(3) The extent to which the Department has developed detailed implementation plans for the proposed reorganization, and the current status of the implementation of all aspects of the reorganization.
(4) The extent to which the Department has worked to mitigate congressional concerns and address other challenges that have arisen since the proposed reorganization was announced.
(5) Whether the Department plans to evaluate progress in achieving the stated goals of the proposed reorganization and what metrics, if any, the Department has established to assess the results of the reorganization.
(6) The impact of the large span of responsibilities for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict under the proposed reorganization on the ability of the Assistant Secretary to carry out the principal duties of the Assistant Secretary under law.
(7) The impact of the large span of responsibility for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict under the proposed reorganization, including responsibility under the proposed reorganization for each of the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The relationship between any global war on terrorism task force that reports directly to the Under Secretary of Defense for Policy, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, and the Principal Deputy Under Secretary of Defense for Policy in managing policy on combating terrorism.
(9) The impact of the large span of responsibilities for the proposed Deputy Assistant Secretary of Defense for Counternarcotics, Counterproliferation, and Global Threats under the proposed reorganization.
(10) The impact of the proposed reorganization on counternarcotics program execution.
(11) The unique placement under the proposed reorganization of both functional and regional issue responsibilities under the single proposed Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs.
(12) The differentiation between the responsibilities of the proposed Deputy Assistant Secretary of Defense for Building Partnership Capacity Strategy and the proposed Deputy Assistant Secretary of Defense for Security Cooperation Options under the proposed reorganization, and the relationship between such officials.
SEC. 937. PHYSICIANS AND HEALTH CARE PROFESSIONALS
COMPARABILITY ALLOWANCES.
(a) Authority To Provide Allowances.--
(1) Authority.--In order to recruit and retain highly qualified Department of Defense physicians and Department of Defense health care professionals, the Secretary of Defense may, subject to the provisions of this section, enter into a service agreement with a current or new Department of Defense physician or a Department of Defense health care professional which provides for such physician or health care professional to complete a specified period of service in the Department of Defense in return for an allowance for the duration of such agreement in an amount to be determined by the Secretary and specified in the agreement, but not to exceed--
(A) in the case of a Department of Defense physician--
(i) $25,000 per annum if, at the time the agreement is entered into, the Department of Defense physician has served as a Department of Defense physician for 24 months or less; or
(ii) $40,000 per annum if the Department of Defense physician has served as a Department of Defense physician for more than 24 months; and
(B) in the case of a Department of Defense health care professional--
(i) an amount up to $5,000 per annum if, at the time the agreement is entered into, the Department of Defense health care professional has served as a Department of Defense health care professional for less than 10 years;
(ii) an amount up to $10,000 per annum if, at the time the agreement is entered into, the Department of Defense health care professional has served as a Department of Defense health care professional for at least 10 years but less than 18 years; or
(iii) an amount up to $15,000 per annum if, at the time the agreement is entered into, the Department of Defense health care professional has served as a Department of Defense health care professional for 18 years or more.
(2) Treatment of certain service.--(A) For the purpose of determining length of service as a Department of Defense physician, service as a physician under section 4104 or 4114 of title 38, United States Code, or active service as a medical officer in the commissioned corps of the Public Health Service under title II of the Public Health Service Act (42 U.S.C. 202 et seq.) shall be deemed service as a Department of Defense physician.
(B) For the purpose of determining length of service as a Department of Defense health care professional, service as a nonphysician health care provider, psychologist, or social worker while serving as an officer described under section 302c(d)(1) of title 37, United States Code, shall be deemed service as a Department of Defense health care professional.
(b) Certain Physicians and Professionals Ineligible.--An allowance may not be paid under this section to any physician or health care professional who--
(1) is employed on less than a half-time or intermittent basis;
(2) occupies an internship or residency training position; or
(3) is fulfilling a scholarship obligation.
(c) Covered Categories of Positions.--The Secretary of Defense shall determine categories of positions applicable to physicians and health care professionals within the Department of Defense with respect to which there is a significant recruitment and retention problem for purposes of this section. Only physicians and health care professionals serving in such positions shall be eligible for an allowance under this section. The amounts of each such allowance shall be determined by the Secretary, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians and health care professionals.
(d) Period of Service.--Any agreement entered into by a physician or health care professional under this section shall be for a period of service in the Department of Defense specified in such agreement, which period may not be less than one year of service or exceed four years of service.
(e) Repayment.--Unless otherwise provided for in the agreement under subsection (f), an agreement under this section shall provide that the physician or health care professional, in the event that such physician or health care professional voluntarily, or because of misconduct, fails to complete at least one year of service under such agreement, shall be required to refund the total amount received under this section unless the Secretary of Defense determines that such failure is necessitated by circumstances beyond the control of the physician or health care professional.
(f) Termination of Agreement.--Any agreement under this section shall specify the terms under which the Secretary of Defense and the physician or health care professional may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician or health care professional for each reason for termination.
(g) Construction With Other Authorities.--
(1) Allowance not treatable as basic pay.--An allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and section 5595 of chapter 55 of title 5, United States Code, chapter 81 or 87 of such title, or other benefits related to basic pay.
(2) Payment.--Any allowance under this section for a Department of Defense physician or Department of Defense health care professional shall be paid in the same manner and at the same time as the basic pay of the physician or health care professional is paid.
(3) Construction with certain authority.--The authority to pay allowances under this section may not be exercised together with the authority in section 5948 of title 5, United States Code.
(h) Annual Report.--
(1) Annual report.--Not later than June 30 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a written report on the operation of this section during the preceding year. Each report shall include--
(A) with respect to the year covered by such report, information as to--
(i) the nature and extent of the recruitment or retention problems justifying the use by the Department of Defense of the authority under this section;
(ii) the number of physicians and health care professionals with whom agreements were entered into by the Department of Defense;
(iii) the size of the allowances and the duration of the agreements entered into; and
(iv) the degree to which the recruitment or retention problems referred to in clause (i) were alleviated under this section; and
(B) such recommendations as the Secretary considers appropriate for actions (including legislative actions) to improve or enhance the authorities in this section to achieve the purpose specified in subsection (a)(1).
(2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate; and
(B) the Committees on Armed Services and Homeland Security of the House of Representatives.
(i) Definitions.--In this section:
(1) The term ``Department of Defense health care professional'' means any individual employed by the Department of Defense who is a qualified health care professional employed as a health care professional and paid under any provision of law specified in subparagraphs (A) through (G) of paragraph (2).
(2) The term ``Department of Defense physician'' means any individual employed by the Department of Defense as a physician or dentist who is paid under a provision or provisions of law as follows:
(A) Section 5332 of title 5, United States Code, relating to the General Schedule.
(B) Subchapter VIII of chapter 53 of title 5, United States Code, relating to the Senior Executive Service.
(C) Section 5371 of title 5, United States Code, relating to certain health care positions.
(D) Section 5376 of title 5, United States Code, relating to certain senior-level positions.
(E) Section 5377 of title 5, United States Code, relating to critical positions.
(F) Subchapter IX of chapter 53 of title 5, United States Code, relating to special occupational pay systems.
(G) Section 9902 of title 5, United States Code, relating to the National Security Personnel System.
(3) The term ``qualified health care professional'' means any individual who is--
(A) a psychologist who meets the Office of Personnel Management Qualification Standards for the Occupational Series of Psychologist as required by the position to be filled;
(B) a nurse who meets the applicable Office of Personnel Management Qualification Standards for the Occupational Series of Nurse as required by the position to be filled;
(C) a nurse anesthetist who meets the applicable Office of Personnel Management Qualification Standards for the Occupational Series of Nurse as required by the position to be filled;
(D) a physician assistant who meets the applicable Office of Personnel Management Qualification Standards for the Occupational Series of Physician Assistant as required by the position to be filled;
(E) a social worker who meets the applicable Office of Personnel Management Qualification Standards for the Occupational Series of Social Worker as required by the position to be filled; or
(F) any other health care professional designated by the Secretary of Defense for purposes of this section.
(j) Termination.--No agreement may be entered into under this section after September 30, 2012.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2008 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel authorizations.--A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to transfer authorizations--
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2007.
Amounts authorized to be appropriated to the Department of Defense for fiscal year 2007 in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) are hereby adjusted, with respect to any such authorized amount, by the amount by which appropriations pursuant to such authorization are increased by a supplemental appropriation or by a transfer of funds, or decreased by a rescission, or any thereof, pursuant to the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28).
SEC. 1003. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER
AUTHORITY.
Section 1001(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2371) is amended by adding at the end the following new paragraph:
``(3) Exception for certain transfers.--The following transfers of funds shall be not be counted toward the limitation in paragraph (2) on the amount that may be transferred under this section:
``(A) The transfer of funds to the Iraq Security Forces Fund under reprogramming FY07-07-R PA.
``(B) The transfer of funds to the Joint Improvised Explosive Device Defeat Fund under reprogramming FY07-11 PA.
``(C) The transfer of funds back from the accounts referred to in subparagraphs (A) and (B) to restore the sources used in the reprogrammings referred to in such subparagraphs.''.
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2008.
(a) Fiscal Year 2008 Limitation.--The total amount contributed by the Secretary of Defense in fiscal year 2008 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of fiscal year 2007, of funds appropriated for fiscal years before fiscal year 2008 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $1,031,000 for the Civil Budget.
(2) Of the amount provided in section 301(1), $362,159,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded budgets of NATO'' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR
THE DEFENSE AGENCIES.
(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business Transformation Agency of the Department of Defense shall carry out an initiative for financial management transformation in the Defense Agencies. The initiative shall be known as the ``Defense Agencies Initiative'' (in this section referred to as the ``Initiative'').
(2) Scope of authority.--In carrying out the Initiative, the Director of the Business Transformation Agency may require the heads of the Defense Agencies to carry out actions that are within the purpose and scope of the Initiative.
(b) Purposes.--The purposes of Initiative shall be as follows:
(1) To eliminate or replace financial management systems of the Defense Agencies that are duplicative, redundant, or fail to comply with the standards set forth in subsection (d).
(2) To transform the budget, finance, and accounting operations of the Defense Agencies to enable the Defense Agencies to achieve accurate and reliable financial information needed to support financial accountability and effective and efficient management decisions.
(c) Required Elements.--The Initiative shall include, to the maximum extent practicable--
(1) the utilization of commercial, off-the-shelf technologies and web-based solutions;
(2) a standardized technical environment and an open and accessible architecture; and
(3) the implementation of common business processes, shared services, and common data structures.
(d) Standards.--In carrying out the Initiative, the Director of the Business Transformation Agency shall ensure that the Initiative is consistent with--
(1) the requirements of the Business Enterprise Architecture and Transition Plan developed pursuant to section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of the Department of Defense;
(3) the Federal Financial Management Improvement Act of 1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(e) Scope.--The Initiative shall be designed to provide, at a minimum, capabilities in the major process areas for both general fund and working capital fund operations of the Defense Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and trial balance.
(3) Procure to pay, including commitments, obligations, and accounts payable.
(4) Order to fulfill, including billing and accounts receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Program Control.--In carrying out the Initiative, the Director of the Business Transformation Agency shall establish--
(1) a board (to be known as the ``Configuration Control Board'') to manage scope and cost changes to the Initiative; and
(2) a program management office (to be known as the
``Program Management Office'') to control and enforce assumptions made in the acquisition plan, the cost estimate, and the system integration contract for the Initiative, as directed by the Configuration Control Board.
(g) Plan on Development and Implementation of Initiative.--Not later than six months after the date of the enactment of this Act, the Director of the Business Transformation Agency shall submit to the congressional defense committees a plan for the development and implementation of the Initiative. The plan shall provide for the implementation of an initial capability under the Initiative as follows:
(1) In at least one Defense Agency by not later than eight months after the date of the enactment of this Act.
(2) In not less than six Defense Agencies by not later than 18 months after the date of the enactment of this Act.
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105 note) is repealed.
SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF FUNDS TO
FOREIGN CURRENCY FLUCTUATIONS, DEFENSE ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``second fiscal year'' and inserting ``fourth fiscal year''; and
(2) in subsection (d)(2), by striking ``second fiscal year'' and inserting ``fourth fiscal year''.
SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR
HEALTH CARE FOR ANY FISCAL YEAR IN WHICH THE
ARMED FORCES ARE ENGAGED IN A MAJOR MILITARY
CONFLICT.
If the Armed Forces are involved in a major military conflict when 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 such 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 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
(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.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES TO
CERTAIN ADDITIONAL FOREIGN GOVERNMENTS.
Section 1033(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1593) and section 1022(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2382), is further amended by adding at the end the following new paragraphs:
``(17) The Government of the Dominican Republic.
``(18) The Government of Mexico.''.
SEC. 1012. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE
GOVERNMENT OF HAITI.
(a) 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 each of 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, including corruption and lack of entities available to partner with in Haiti.
(3) An assessment of the feasability and advisability of providing additional counternarcotics assistance to the Government of Haiti, including an extension and expansion to the Government of Haiti of Department of Defense authority to provide support for counter-drug activities of certain foreign governments.
(4) An assessment of the potential for 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 C--Miscellaneous Authorities and Limitations
SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.
(a) Increase in Amount of Reward.--Subsection (b) of section 127b of title 10, United States Code, is amended by inserting ``, or $5,000,000 during fiscal year 2008'' after
``$200,000''.
(b) Delegation of Authority to Commanders of Combatant Commands.--Subsection (c)(1)(B) of such title is amended by inserting ``, or $1,000,000 during fiscal year 2008'' after
``$50,000''.
(c) Consultation With Secretary of State in Award.--Subsection (d)(2) of such section is amended by inserting ``, or $2,000,000 during fiscal year 2008'' after ``$100,000''.
SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RELATING TO
THE USE OF THE ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.
(a) Repeal.--
(1) In general.--Section 333 of title 10, United States Code, as amended by section 1076 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2404), is amended to read as such section read on October 16, 2006, which is the day before the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007.
(2) Conforming clerical amendments.--(A) The heading of such section 333, as so amended, is amended to read as such heading read on October 16, 2006.
(B) The item relating to such section 333 in the table of sections at the beginning of chapter 15 of such title, as so amended, is amended to read as such item read on October 16, 2006.
(C) The heading of chapter 15 of such title, as so amended, is amended to read as such heading read on October 16, 2006.
(D) The item relating to chapter 15 of such title in the tables of chapters at the beginning of subtitle A of such title, and at the beginning of part I of such subtitle, as so amended, is amended to read as such item read on October 16, 2006.
(b) Other Conforming Amendments.--
(1) Conforming repeal.--(A) Section 2567 of title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2567.
(2) Additional amendment.--Section 12304(c)(1) of such title, as amended by section 1076 of the John Warner National Defense Authorization Act for Fiscal Year 2007, is amended to read as such section read on October 16, 2006.
SEC. 1023. HATE CRIMES.
(a) Short Title.--This section may be cited as the
``Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.
(3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
(4) Existing Federal law is inadequate to address this problem.
(5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
(6) Such violence substantially affects interstate commerce in many ways, including the following:
(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
(E) Such violence is committed using articles that have traveled in interstate commerce.
(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ``races''. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
(c) Definition of Hate Crime.--In this section--
(1) the term ``crime of violence'' has the meaning given that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.
(d) Support for Criminal Investigations and Prosecutions by State, Local, and Tribal Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of State, local, or Tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--
(i) constitutes a crime of violence;
(ii) constitutes a felony under the State, local, or Tribal laws; and
(iii) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or Tribal hate crime laws.
(B) Priority.--In providing assistance under subparagraph
(A), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
(2) Grants.--
(A) In general.--The Attorney General may award grants to State, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
(B) Office of justice programs.--In implementing the grant program under this paragraph, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
(C) Application.--
(i) In general.--Each State, local, and Indian law enforcement agency that desires a grant under this paragraph shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
(ii) Date for submission.--Applications submitted pursuant to clause (i) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.
(iii) Requirements.--A State, local, and Indian law enforcement agency applying for a grant under this paragraph shall--
(I) describe the extraordinary purposes for which the grant is needed;
(II) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
(III) demonstrate that, in developing a plan to implement the grant, the State, local, and Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
(IV) certify that any Federal funds received under this paragraph will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this paragraph.
(D) Deadline.--An application for a grant under this paragraph shall be approved or denied by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application.
(E) Grant amount.--A grant under this paragraph shall not exceed $100,000 for any single jurisdiction in any 1-year period.
(F) Report.--Not later than December 31, 2008, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this paragraph, the award of such grants, and the purposes for which the grant amounts were expended.
(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2008 and 2009.
(e) Grant Program.--
(1) Authority to award grants.--The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or Tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(f) Authorization for Additional Personnel To Assist State, Local, and Tribal Law Enforcement.--There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2008, 2009, and 2010 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by this section.
(g) Prohibition of Certain Hate Crime Acts.--
(1) In general.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.--
``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
``(I) death results from the offense; or
``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--
``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)--
``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
``(II) otherwise affects interstate or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--
``(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
``(B) the State has requested that the Federal Government assume jurisdiction;
``(C) the State does not object to the Federal Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''.
(2) Technical and conforming amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:
``249. Hate crime acts.''.
(h) Statistics.--
(1) In general.--Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender and gender identity,'' after ``race,''.
(2) Data.--Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``, including data about crimes committed by, and crimes directed against, juveniles'' after ``data acquired under this section''.
(i) Severability.--If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
SEC. 1024. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL
INVESTIGATIONS AND PROSECUTIONS BY STATE AND
LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Studies.--
(1) Collection of data.--
(A) Definition of relevant offense.--In this paragraph, the term ``relevant offense'' means a crime described in subsection (b)(1) of the first section of Public Law 101-275
(28 U.S.C. 534 note) and a crime that manifests evidence of prejudice based on gender or age.
(B) Collection from cross-section of states.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the National Governors' Association, shall, if possible, select 10 jurisdictions with laws classifying certain types of offenses as relevant offenses and 10 jurisdictions without such laws from which to collect the data described in subparagraph (C) over a 12-month period.
(C) Data to be collected.--The data described in this paragraph are--
(i) the number of relevant offenses that are reported and investigated in the jurisdiction;
(ii) the percentage of relevant offenses that are prosecuted and the percentage that result in conviction;
(iii) the duration of the sentences imposed for crimes classified as relevant offenses in the jurisdiction, compared with the length of sentences imposed for similar crimes committed in jurisdictions with no laws relating to relevant offenses; and
(iv) references to and descriptions of the laws under which the offenders were punished.
(D) Costs.--Participating jurisdictions shall be reimbursed for the reasonable and necessary costs of compiling data collected under this paragraph.
(2) Study of relevant offense activity.--
(A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit to Congress a report that analyzes the data collected under paragraph (1) and under section 534 of title 28, United States Code, to determine the extent of relevant offense activity throughout the United States and the success of State and local officials in combating that activity.
(B) Identification of trends.--In the study conducted under subparagraph (A), the Comptroller General of the United States shall identify any trends in the commission of relevant offenses specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number and percentage of relevant offenses that are prosecuted and the number for which convictions are obtained.
(b) Assistance Other Than Financial Assistance.--At the request of a law enforcement official of a State or a political subdivision of a State, the Attorney General, acting through the Director of the Federal Bureau of Investigation and in cases where the Attorney General determines special circumstances exist, may provide technical, forensic, prosecutorial, or any other assistance in the criminal investigation or prosecution of any crime that--
(1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State; and
(3) is motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(c) Grants.--
(1) In general.--The Attorney General may, in cases where the Attorney General determines special circumstances exist, make grants to States and local subdivisions of States to assist those entities in the investigation and prosecution of crimes motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(2) Eligibility.--A State or political subdivision of a State applying for assistance under this subsection shall--
(A) describe the purposes for which the grant is needed; and
(B) certify that the State or political subdivision lacks the resources necessary to investigate or prosecute a crime motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(3) Deadline.--An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 10 days after the application is submitted.
(4) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single case.
(5) Report and audit.--Not later than December 31, 2008, the Attorney General, in consultation with the National Governors' Association, shall--
(A) submit to Congress a report describing the applications made for grants under this subsection, the award of such grants, and the effectiveness of the grant funds awarded; and
(B) conduct an audit of the grants awarded under this subsection to ensure that such grants are used for the purposes provided in this subsection.
(6) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 2008 and 2009 to carry out this section.
SEC. 1025. GIFT ACCEPTANCE AUTHORITY.
(a) Permanent Authority To Accept Gifts on Behalf of the Wounded.--Section 2601(b) of title 10, United States Code, is amended by striking paragraph (4).
(b) Limitation on Solicitation of Gifts.--The Secretary of Defense shall prescribe regulations implementing sections 2601 and 2608 of title 10, United States Code, that prohibit the solicitation of any gift under such sections by any employee of the Department of Defense if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in such program.
SEC. 1026. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR
MANAGEMENT OF CULTURAL RESOURCES.
(a) In General.--Subsection (a) of section 2684 of title 10, United States Code, is amended to read as follows:
``(a) Authority.--(1) The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government, tribal government, or other entity for any purpose as follows:
``(A) For the preservation, management, maintenance, and improvement of cultural resources.
``(B) For the conduct of research regarding cultural resources.
``(2) To be covered under a cooperative agreement under this subsection, cultural resources shall be located--
``(A) on a military installation; or
``(B) off a military installation, but only if the cooperative agreement directly relieves or eliminates current or anticipated restrictions that would or might restrict, impede, or otherwise interfere (whether directly or indirectly) with current or anticipated military training, testing, or operations on the installation.
``(3) Activities under a cooperative agreement under this subsection shall be subject to the availability of funds to carry out the cooperative agreement.''.
(b) Inclusion of Indian Sacred Sites in Cultural Resources.--Subsection (c) of such section is amended by adding at the end the following new paragraph:
``(5) An Indian sacred site, as the that term is defined in section 1(b)(iii) of Executive Order 13007.''.
SEC. 1027. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM
CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR
FLEET.
(a) In General.--Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
``(a) In General.--The Secretary of Defense may award to air carriers participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount determined in accordance with this section.
``(b) Minimum Purchase Amount.--(1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the annual average expenditure of the Department of Defense for airlift during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.
``(2) In calculating the annual average expenditure of the Department of Defense for airlift for purposes of paragraph
(1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for airlift if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated airlift for purposes of that paragraph.
``(3) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year, as determined under paragraph (1), shall be allocated among all carriers awarded contracts under that subsection for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.
``(c) Adjustment to Minimum Purchase Amount for Periods of Unavailability of Airlift.--In determining the minimum purchase amount payable under a contract under subsection (a) for airlift provided by a carrier during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to the carrier under subsection (b)(3) to take into account periods during such fiscal year when services of the carrier are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when the carrier is placed in nonuse status pursuant to section 2640 of this title for safety issues.
``(d) Distribution of Amounts.--If any amount available under this section for the minimum purchase of airlift from a carrier for a fiscal year under a contract under subsection
(a) is not utilized to purchase airlift from the carrier in such fiscal year, such amount shall be provided to the carrier before the first day of the following fiscal year.
``(e) Transfer of Funds.--At the beginning of each fiscal year, the Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for payment of minimum purchase amounts under all contracts awarded under subsection (a) for such fiscal year equivalent to the percentage of the anticipated use of airlift by such military department during such fiscal year from all carriers under contracts awarded under subsection (a) for such fiscal year.
``(f) Availability of Airlift.--(1) From the total amount of airlift available for a fiscal year under all contracts awarded under subsection (a) for such fiscal year, a military department shall be entitled to obtain a percentage of such airlift equivalent to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (e).
``(2) A military department may transfer any entitlement to airlift under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
``(g) Sunset.--The authorities in this section shall expire on December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 931 of such title is amended by adding at the end the following new item:
``9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.''.
SEC. 1028. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO
FOREIGN MILITARY AND STATE AIRCRAFT.
(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United States Code, is amended to read as follows:
``Sec. 9626. Aircraft supplies and services: foreign military or other state aircraft
``(a) Provision of Supplies and Services on Reimbursable Basis.--(1) The Secretary of the Air Force may, under such regulations as the Secretary may prescribe and when in the best interests of the United States, provide any of the supplies or services described in paragraph (2) to military and other state aircraft of a foreign country, on a reimbursable basis without an advance of funds, if similar supplies and services are furnished on a like basis to military aircraft and other state aircraft of the United States by the foreign country.
``(2) The supplies and services described in this paragraph are supplies and services as follows:
``(A) Routine airport services, including landing and takeoff assistance, servicing aircraft with fuel, use of runways, parking and servicing, and loading and unloading of baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-owned fuel, provisions, spare parts, and general stores, but not including ammunition.
``(b) Provision of Routine Airport Services on Non-Reimbursable Basis.--(1) Routine airport services may be provided under this section at no cost to a foreign country under circumstances as follows:
``(A) If such services are provided by Air Force personnel and equipment without direct cost to the Air Force.
``(B) If such services are provided under an agreement with the foreign country that provides for the reciprocal furnishing by the foreign country of routine airport services to military and other state aircraft of the United States without reimbursement.
``(2) If routine airport services are provided under this section by a working-capital fund activity of the Air Force under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in providing such services by reason of paragraph (1)(B), the working-capital fund activity shall be reimbursed for such costs out of funds currently available to the Air Force for operation and maintenance.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 939 of such title is amended by striking the item relating to section 9626 and inserting the following new item:
``9626. Aircraft supplies and services: foreign military or other state aircraft.''.
(b) Conforming Amendment.--Section 9629(3) of such title is amended by striking ``for aircraft of a foreign military or air attache''.
SEC. 1029. PARTICIPATION IN STRATEGIC AIRLIFT CAPABILITY
PARTNERSHIP.
(a) Authority To Participate in Partnership.--The Secretary of Defense may--
(1) enter into a multilateral memorandum of understanding authorizing the Strategic Airlift Capability Partnership to conduct activities necessary to accomplish its purpose, including--
(A) the acquisition, equipping, ownership, and operation of strategic airlift aircraft; and
(B) the acquisition or transfer of airlift and airlift-related services and supplies among members of the Strategic Airlift Capability Partnership, or between the Partnership and non-member countries or international organizations, on a reimbursable basis or by replacement-in-kind or exchange of airlift or airlift-related services of an equal value; and
(2) pay from funds available to the Department of Defense for such purpose the United States equitable share of the recurring and non-recurring costs of the activities and operations of the Strategic Airlift Capability Partnership, including costs associated with procurement of aircraft components and spare parts, maintenance, facilities, and training, and the costs of claims.
(b) Authorities Under Partnership.--In carrying out the memorandum of understanding entered into under subsection
(a), the Secretary of Defense may do the following:
(1) Waive reimbursement of the United States for the cost of the functions performed by Department of Defense personnel with respect to the Strategic Airlift Capability Partnership as follows:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management services.
(2) Waive the imposition of any surcharge for administrative services provided by the United States that would otherwise be chargeable against the Strategic Airlift Capability Partnership.
(3) Pay the salaries, travel, lodging, and subsistence expenses of Department of Defense personnel assigned for duty to the Strategic Airlift Capability Partnership without seeking reimbursement or cost-sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the United States in carrying out the memorandum of understanding entered into under subsection (a) shall be credited, as elected by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in incurring the obligation for which such amount is received.
(2) An appropriation, fund, or account currently providing funds for the purposes for which such obligation was made.
(d) Authority To Transfer Aircraft.--
(1) In general.--The Secretary of Defense is authorized to transfer one strategic airlift aircraft to the Strategic Airlift Capability Partnership in accordance with the terms and conditions of the memorandum of understanding entered into under subsection (a).
(2) Report.--Not later than 30 days before the date on which the Secretary transfers a strategic airlift aircraft under paragraph (1), the Secretary shall submit to the congressional defense committees a report on the strategic airlift aircraft to be transferred, including the type of strategic airlift aircraft to be transferred and the tail registration or serial number of such aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In this section the term ``Strategic Airlift Capability Partnership'' means the strategic airlift capability consortium established by the United States and other participating countries.
SEC. 1030. RESPONSIBILITY OF THE AIR FORCE FOR FIXED-WING
SUPPORT OF ARMY INTRA-THEATER LOGISTICS.
The Secretary of Defense shall, acting through the Chairman of the Joint Chiefs of Staff, prescribe directives or instructions to provide that the Air Force shall have responsibility for the missions and functions of fixed-wing support for Army intra-theater logistics.
SEC. 1031. PROHIBITION ON SALE OF PARTS FOR F-14 FIGHTER
AIRCRAFT.
(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph (2), the Department of Defense may not sell (whether directly or indirectly) any parts for F-14 fighter aircraft, whether through the Defense Reutilization and Marketing Service or through another agency or element of the Department.
(2) Exception.--Paragraph (1) shall not apply with respect to the sale of parts for F-14 fighter aircraft to a museum or similar organization located in the United States that is involved in the preservation of F-14 fighter aircraft for historical purposes.
(b) Prohibition on Export License.--No license for the export of parts for F-14 fighter aircraft to a non-United States person or entity may be issued by the United States Government.
SEC. 1032. PROVISION OF CONTACT INFORMATION ON SEPARATING
MEMBERS OF THE ARMED FORCES TO STATE VETERANS
AGENCIES.
For each member of the Armed Forces pending separation from the Armed Forces or who detaches from the member's regular unit while awaiting medical separation or retirement, not later than the date of such separation or detachment, as the case may be, the Secretary of Defense shall, upon the request of the member, provide the address and other appropriate contact information of the member to the State veterans agency in the State in which the member will first reside after separation or in the State in which the member resides while so awaiting medical separation or retirement, as the case may be.
SEC. 1033. PROVISIONS RELATING TO THE REMOVAL OF MISSILES
FROM THE 564TH MISSILE SQUADRON.
(a) 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 making such assessment, the Secretary shall consider:
(1) An evaluation of the Air Force's requirement 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 the 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) Opportunities for additional association between the Montana National Guard and the 341st Space Wing.
(b) 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.
Subtitle D--Reports
SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL
STRIKE CAPABILITY.
Section 1032(b)(1) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605; 10 U.S.C. 113 note) is amended by inserting ``and each of 2007, 2008, and 2009,'' after ``2004, 2005, and 2006,''.
SEC. 1042. REPORT ON THREATS TO THE UNITED STATES FROM
UNGOVERNED AREAS.
(a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly, in coordination with the Director of National Intelligence, submit to Congress a report on the threats posed to the United States from ungoverned areas, including the threats to the United States from terrorist groups and individuals located in such areas who direct their activities against the United States and its allies.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A description of the intelligence capabilities and skills required by the United States Government to support United States policy aimed at managing the threats described in subsection (a), including, specifically, the technical, linguistic, and analytical capabilities and the skills required by the Department of Defense and the Department of State.
(2) An assessment of the extent to which the Department of Defense and the Department of State possess the capabilities described in paragraph (1) as well as the necessary resources and organization to support United States policy aimed at managing the threats described in subsection (a).
(3) A description of the extent to which the implementation of Department of Defense Directive 3000.05, entitled
``Military Support for Stability, Security, Transition, and Reconstruction Operations'', will support United States policy for managing such threats.
(4) A description of the actions, if any, to be taken to improve the capabilities and skills of the Department of Defense and the Department of State described in paragraph
(1), and the schedule for implementing any actions so described.
SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) Study Required.--The Secretary of Defense shall enter into an agreement with an independent, non-profit, non-partisan organization to conduct a study on the national security interagency system.
(b) Report.--The agreement entered into under subsection
(a) shall require the organization to submit to Congress and the President a report containing the results of the study conducted pursuant to such agreement and any recommendations for changes to the national security interagency system
(including legislative or regulatory changes) identified by the organization as a result of the study.
(c) Submittal Date.--The agreement entered into under subsection (a) shall require the organization to submit the report required under subsection (a) not later than 180 days after the date on which the Secretary makes funds available to the organization under subsection (e) for purposes of the study.
(d) National Security Interagency System Defined.--In this section, the term ``national security interagency system'' means the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that have national security missions coordinate and integrate their policies, capabilities, expertise, and activities to accomplish such missions.
(e) Funding.--
(1) In general.--Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, not more than $3,000,000 may be available to carry out this section.
(2) Matching funding requirement.--The amount provided by the Secretary for the agreement entered into under subsection
(a) may not exceed the value of contributions (whether money or in-kind contributions) obtained and provided by the organization for the study from non-government sources.
(f) Focus on Improving Interagency Cooperation in Post-Conflict Contingency Relief and Reconstruction Operations.--
(1) Findings.--Congress makes the following findings:
(A) The interagency coordination and integration of the United States Government for the planning and execution of overseas post-conflict contingency relief and reconstruction operations requires reform.
(B) Recent operations, most notably in Iraq, lacked the necessary consistent and effective interagency coordination and integration in planning and execution.
(C) Although the unique circumstances associated with the Iraq reconstruction effort are partly responsible for this weak coordination, existing structural weaknesses within the planning and execution processes for such operations indicate that the problems encountered in the Iraq program could recur in future operations unless action is taken to reform and improve interdepartmental integration in planning and execution.
(D) The agencies involved in the Iraq program have attempted to adapt to the relentless demands of the reconstruction effort, but more substantive and permanent reforms are required for the United States Government to be optimally prepared for future operations.
(E) The fresh body of evidence developed from the Iraq relief and reconstruction experience provides a good basis and timely opportunity to pursue meaningful improvements within and among the departments charged with managing the planning and execution of such operations.
(F) The success achieved in departmental integration of overseas conflict management through the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 992) provides precedent for Congress to consider legislation designed to promote increased cooperation and integration among the primary Federal departments and agencies charged with managing post-conflict contingency reconstruction and relief operations.
(2) Inclusion in study.--The study conducted under subsection (a) shall include the following elements:
(A) A synthesis of past studies evaluating the successes and failures of previous interagency efforts at planning and executing post-conflict contingency relief and reconstruction operations, including relief and reconstruction operations in Iraq.
(B) An analysis of the division of duties, responsibilities, and functions among executive branch agencies for such operations and recommendations for administrative and regulatory changes to enhance integration.
(C) Recommendations for legislation that would improve interagency cooperation and integration and the efficiency of the United States Government in the planning and execution of such operations.
(D) Recommendations for improvements in congressional, executive, and other oversight structures and procedures that would enhance accountability within such operations.
SEC. 1044. 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. 1045. 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.--The report shall address anticipated changes to the nuclear missions of the Navy and the Department of Energy during the 10-year period beginning on the date of the report, anticipated workforce attrition, and retirement, and recruiting trends during that period and knowledge retention programs within the Department of Defense, the Department of Energy, the national laboratories, and federally funded research facilities.
SEC. 1046. 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 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. 1047. 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.
(7) A proposed investment plan and timeline to correct such deficiencies.
SEC. 1048. 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).
(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 that purposes.
SEC. 1049. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER
AIRLIFT FORCE.
(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a study on various alternatives for the size and mix of assets for the Air Force intertheater airlift force, with a particular focus on current and planned capabilities and costs of the C-5 aircraft and C-17 aircraft fleets.
(2) Conduct of study.--
(A) Use of ffrdc.--The Secretary shall select to conduct the study required by subsection (a) a federally funded research and development center (FFRDC) that has experience and expertise in conducting studies similar to the study required by subsection (a).
(B) Development of study methodology.--Not later than 90 days after the date of enactment of this Act, the federally funded research and development center selected for the conduct of the study shall--
(i) develop the methodology for the study; and
(ii) submit the methodology to the Comptroller General of the United States for review.
(C) Comptroller general review.--Not later than 30 days after receipt of the methodology under subparagraph (B), the Comptroller General shall--
(i) review the methodology for purposes of identifying any flaws or weaknesses in the methodology; and
(ii) submit to the federally funded research and development center a report that--
(I) sets forth any flaws or weaknesses in the methodology identified by the Comptroller General in the review; and
(II) makes any recommendations the Comptroller General considers advisable for improvements to the methodology.
(D) Modification of methodology.--Not later than 30 days after receipt of the report under subparagraph (C), the federally funded research and development center shall--
(i) modify the methodology in order to address flaws or weaknesses identified by the Comptroller General in the report and to improve the methodology in accordance with the recommendations, if any, made by the Comptroller General; and
(ii) submit to the congressional defense committees a report that--
(I) describes the modifications of the methodology made by the federally funded research and development center; and
(II) if the federally funded research and development center does not improve the methodology in accordance with any particular recommendation of the Comptroller General, sets forth a description and explanation of the reasons for such action.
(3) Utilization of other studies.--The study shall build upon the results of the recent Mobility Capabilities Studies of the Department of Defense, the on-going Intratheater Airlift Fleet Mix Analysis, and other appropriate studies and analyses. The study should also include any results reached on the modified C-5A aircraft configured as part of the Reliability Enhancement and Re-engining Program (RERP) configuration, as specified in section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411).
(b) Elements.--The study under subsection (a) shall address the following:
(1) The state of the current intertheater airlift fleet of the Air Force, including the extent to which the increased use of heavy airlift aircraft in Operation Iraqi Freedom, Operation Enduring Freedom, and other ongoing operations is affecting the aging of the aircraft of that fleet.
(2) The adequacy of the current intertheater airlift force, including whether or not the current target number of 301 airframes for the Air Force heavy lift aircraft fleet will be sufficient to support future expeditionary combat and non-combat missions as well as domestic and training mission demands consistent with the requirements of the National Military Strategy.
(3) The optimal mix of C-5 aircraft and C-17 aircraft for the intertheater airlift fleet of the Air Force, and any appropriate mix of C-5 aircraft and C-17 aircraft for intratheater airlift missions, including an assessment of the following:
(A) The cost advantages and disadvantages of modernizing the C-5 aircraft fleet when compared with procuring new C-17 aircraft, which assessment shall be performed in concert with the Cost Analysis Improvement Group and be based on program life cycle cost estimates for the respective aircraft.
(B) The military capability of the C-5 aircraft and the C-17 aircraft, including number of lifetime flight hours, cargo and passenger carrying capabilities, and mission capable rates for such airframes. In the case of assumptions for the C-5 aircraft, and any assumptions made for the mission capable rates of the C-17 aircraft, sensitivity analyses shall also be conducted to test assumptions. The military capability study for the C-5 aircraft shall also include an assessment of the mission capable rates after each of the following:
(i) Successful completion of the Avionics Modernization Program (AMP) and the Reliability Enhancement and Re-engining Program (RERP).
(ii) Partially successful completion of the Avionics Modernization Program and the Reliability Enhancement and Re-engining Program, with partially successful completion of either such program being considered the point at which the continued execution of such program is no longer supported by cost-benefit analysis.
(C) The tactical capabilities of strategic airlift aircraft, the potential increase in use of strategic airlift aircraft for tactical missions, and the value of such capabilities to tactical operations.
(D) The value of having more than one type of aircraft in the strategic airlift fleet, and the potential need to pursue a replacement aircraft for the C-5 aircraft that is larger than the C-17 aircraft.
(4) The means by which the Air Force was able to restart the production line for the C-5 aircraft after having closed the line for several years, and the actions to be taken to ensure the production line for the C-17 aircraft could be restarted if necessary, including--
(A) an analysis of the costs of closing and re-opening the production line for the C-5 aircraft; and
(B) an assessment of the costs of closing and re-opening the production line for the C-17 aircraft on a similar basis.
(5) The financial effects of retiring, upgrading and maintaining, or continuing current operations of the C-5A aircraft fleet on procurement decisions relating to the C-17 aircraft.
(6) The impact that increasing the role and use of strategic airlift aircraft in intratheater operations will have on the current target number for strategic airlift aircraft of 301 airframes, including an analysis of the following:
(A) The appropriateness of using C-5 aircraft and C-17 aircraft for intratheater missions, as well as the efficacy of these aircraft to perform current and projected future intratheater missions.
(B) The interplay of existing doctrinal intratheater airlift aircraft (such as the C-130 aircraft and the future Joint Cargo Aircraft (JCA)) with an increasing role for C-5 aircraft and C-17 aircraft in intratheater missions.
(C) The most appropriate and likely missions for C-5 aircraft and C-17 aircraft in intratheater operations and the potential for increased requirements in these mission areas.
(D) Any intratheater mission sets best performed by strategic airlift aircraft as opposed to traditional intratheater airlift aircraft.
(E) Any requirements for increased production or longevity of C-5 aircraft and C-17 aircraft, or for a new strategic airlift aircraft, in light of the matters analyzed under this paragraph.
(7) Taking into consideration all applicable factors, whether or not the replacement of C-5 aircraft with C-17 aircraft on a one-for-one basis will result in the retention of a comparable strategic airlift capability.
(c) Construction.--Nothing in this section shall be construed to exclude from the study under subsection (a) consideration of airlift assets other than the C-5 aircraft or C-17 aircraft that do or may provide intratheater and intertheater airlift, including the potential that such current or future assets may reduce requirements for C-5 aircraft or C-17 aircraft.
(d) Collaboration With Transcom.--The federally funded research and development center selected under subsection (a) shall conduct the study required by that subsection and make the report required by subsection (e) in concert with the United States Transportation Command.
(e) Report by FFRDC.--
(1) In general.--Not later than January 10, 2009, the federally funded research and development center selected under subsection (a) shall submit to the Secretary of Defense, the congressional defense committees, and the Comptroller General of the United States a report on the study required by subsection (a).
(2) Review by gao.--Not later than 90 days after receipt of the report under paragraph (1), the Comptroller General shall submit to the congressional defense committee a report on the study conducted under subsection (a) and the report under paragraph (1). The report under this subsection shall include an analysis of the study under subsection (a) and the report under paragraph (1), including an assessment by the Comptroller General of the strengths and weaknesses of the study and report.
(f) Report by Secretary of Defense.--
(1) In general.--Not later than 90 days after receipt of the report under paragraph (1), 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 study required by subsection
(a).
(2) Elements.--The report shall include a comprehensive discussion of the findings of the study, including a particular focus on the following:
(A) A description of lift requirements and operating profiles for intertheater airlift aircraft required to meet the National Military Strategy, including assumptions regarding:
(i) Current and future military combat and support missions.
(ii) The planned force structure growth of the Army and the Marine Corps.
(iii) Potential changes in lift requirements, including the deployment of the Future Combat Systems by the Army.
(iv) New capability in strategic airlift to be provided by the KC(X) aircraft and the expected utilization of such capability, including its use in intratheater lift.
(v) The utilization of the heavy lift aircraft in intratheater combat missions.
(vi) The availability and application of Civil Reserve Air Fleet assets in future military scenarios.
(vii) Air mobility requirements associated with the Global Rebasing Initiative of the Department of Defense.
(viii) Air mobility requirements in support of peacekeeping and humanitarian missions around the globe.
(ix) Potential changes in lift requirements based on equipment procured for Iraq and Afghanistan.
(B) A description of the assumptions utilized in the study regarding aircraft performances and loading factors.
(C) A comprehensive statement of the data and assumptions utilized in making program life cycle cost estimates.
(D) A comparison of cost and risk associated with optimal mix airlift fleet versus program of record airlift fleet.
(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.
SEC. 1050. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION
PLAN REGARDING CHEYENNE MOUNTAIN AIR STATION,
COLORADO.
(a) Report on Relocation of North American Aerospace Defense Command Center.--
(1) In general.--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 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; and
(B) a detailed explanation of those backup functions that will remain located at Cheyenne Mountain Air Station, and how those 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.
(b) 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 E--Other Matters
SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify United States nuclear deterrence policy and strategy for the near term, the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years. The Secretary shall conduct the review in consultation with the Secretary of Energy and the Secretary of State.
(b) Elements of Review.--The nuclear posture review shall include the following elements:
(1) The role of nuclear forces in United States military strategy, planning, and programming.
(2) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture.
(3) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives.
(4) The role that missile defense capabilities and conventional strike forces play in determining the role and size of nuclear forces.
(5) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying existing systems.
(6) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to modernize or modify the complex.
(7) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall submit to Congress, in unclassified and classified forms as necessary, a report on the results of the nuclear posture review conducted under this section. The report shall be submitted concurrently with the quadrennial defense review required to be submitted under section 118 of title 10, United States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that the nuclear posture review conducted under this section should be used as a basis for establishing future United States arms control objectives and negotiating positions.
SEC. 1062. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF
THE NEW STRATEGIC POSTURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is repealed.
SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON ARMED
SERVICES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES.
(a) Requests of Committees.--The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall, not later than 15 days after receiving a request from the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives for any intelligence assessment, report, estimate, legal opinion, or other intelligence information relating to matters within the jurisdiction of such Committee, make available to such committee such assessment, report, estimate, legal opinion, or other information, as the case may be.
(b) Assertion of Privilege.--In response to a request covered by subsection (a), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall provide the document or information covered by such request unless the President certifies that such document or information is not being provided because the President is asserting a privilege pursuant to the Constitution of the United States.
(c) Independent Testimony of Intelligence Officials.--No officer, department, agency, or element within the Executive branch shall have any authority to require the head of any department, agency, or element of the intelligence community, or any designate of such a head--
(1) to receive permission to testify before the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives; or
(2) to submit testimony, legislative recommendations, or comments to any officer or agency of the Executive branch for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives if such testimony, legislative recommendations, or comments include a statement indicating that the views expressed therein are those of the head of the department, agency, or element of the intelligence community that is making the submission and do not necessarily represent the views of the Administration.
SEC. 1064. 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 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--
``(1) an unlawful user of, or is addicted to, a controlled substance; or
``(2) 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).
``(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 has been--
``(A) 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; or
``(B) discharged or dismissed from the Armed Forces under dishonorable conditions.
``(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 standards and procedures prescribed by, or under the authority of, an Executive Order or other guidance issued by the President.
``(3) 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 intelligence committees;
``(II) the Committee on Homeland Security and Governmental Affairs of the Senate;
``(III) the Committee on Oversight and Government Reform of the House of Representatives; and
``(IV) each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency.
``(ii) 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) 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.--
(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. 1065. 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 specific plan and schedule for replacing the existing process for issuing security clearances with an improved process.
SEC. 1066. 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) Initial meeting.--The advisory panel shall conduct its first meeting not later than 30 days after the date that all appointments to the panel have been made under this subsection.
(4) Procedures.--The advisory panel shall carry out its duties under this section under procedures established under subsection (c) by the federally funded research and development center with which the Secretary contracts under that subsection. Such procedures shall include procedures for the selection of a chairman of the advisory panel from among its members.
(c) Support of Federally Funded Research and Development Center.--
(1) In general.--The Secretary of Defense shall enter into a contract with a federally funded research and development center for the provision of support and assistance to the advisory panel required by subsection (a) in carrying out its duties under this section. Such support and assistance shall include the establishment of the procedures of the advisory panel under subsection (b)(4).
(2) Deadline for contract.--The Secretary shall enter into the contract required by this subsection not later than 60 days after the date of the enactment of this Act.
(d) Duties of Panel.--The advisory panel required by subsection (a) shall--
(1) evaluate the authorities and capabilities of the Department of Defense to conduct operations in support to United States civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive incident, including the authorities and capabilities of the military departments, the Defense Agencies, the combatant commands, any supporting commands, and the reserve components of the Armed Forces (including the National Guard in a Federal and non-Federal status);
(2) assess the adequacy of existing plans and programs of the Department of Defense for training and equipping dedicated, special, and general purposes forces for conducting operations described in paragraph (1) across a broad spectrum of scenarios, including current National Planning Scenarios as applicable;
(3) assess policies, directives, and plans of the Department of Defense in support of civilian authorities in managing the consequences of a chemical, biological, radiological, nuclear, or high-yield explosive incident.
(4) assess the adequacy of policies and structures of the Department of Defense for coordination with other department and agencies of the Federal Government, especially the Department of Homeland Security, the Department of Energy, the Department of Justice, and the Department of Health and Human Services, in the provision of support described in paragraph (1);
(5) assess the adequacy and currency of information available to the Department of Defense, whether directly or through other departments and agencies of the Federal Government, from State and local governments in circumstances where the Department provides support described in paragraph
(1) because State and local response capabilities are not fully adequate for a comprehensive response;
(6) assess the equipment capabilities and needs of the Department of Defense to provide support described in paragraph (1); and
(7) develop recommendations for modifying the capabilities, plans, policies, equipment, and structures evaluated or assessed under this subsection in order to improve the provision by the Department of Defense of the support described in paragraph (1).
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by subsection
(a) may secure directly from the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Justice, the Department of Health and Human Services, and any other department or agency of the Federal Government information that the panel considers necessary for the panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the Secretary of Homeland Secretary, the Secretary of Energy, the Attorney General, the Secretary of Health and Human Services, and any other official of the United States shall provide the advisory panel with full and timely cooperation in carrying out its duties under this section.
(f) Report.--Not later than 12 months after the date of the initial meeting of the advisory panel required by subsection
(a), the advisory panel shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on activities under this section. The report shall set forth--
(1) the findings, conclusions, and recommendations of the advisory panel for improving the capabilities of the Department of Defense to provide support to United States civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive incident; and
(2) such other findings, conclusions, and recommendations for improving the capabilities of the Department for homeland defense as the advisory panel considers appropriate.
SEC. 1067. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.
It is the sense of Congress that--
(1) the education and training facility of the Department of Defense known as the Western Hemisphere Institute for Security Cooperation has the mission of providing professional education and training to eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere that support the democratic principles set forth in the Charter of the Organization of American States, while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations and promoting democratic values and respect for human rights; and
(2) therefore, the Institute is an invaluable education and training facility which continues to foster a spirit of partnership and interoperability among the United States military and the militaries of participating nations.
SEC. 1068. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.
(a) References to Head of Intelligence Community.--
(1) References.--Title 10, United States Code, is amended by striking ``Director of Central Intelligence'' each place it appears in the following provisions and inserting
``Director of National Intelligence'':
(A) Section 192(c)(2).
(B) Section 193.
(C) Section 201(a).
(D) Section 201(c)(1).
(E) Section 425(a).
(F) Section 426.
(G) Section 441.
(H) Section 443(d).
(I) Section 2273(b)(1).
(J) Section 2723(a).
(2) Caption amendments.--Title 10, United States Code, is further amended by striking ``Director of Central Intelligence'' each place it appears in the heading of the following provisions and inserting ``Director of National Intelligence'':
(A) Section 441(c).
(B) Section 443(d).
(b) References to Head of Central Intelligence Agency.--Title 10, United States Code, is further amended by striking
``Director of Central Intelligence'' each place it appears in the following provisions and inserting ``Director of the Central Intelligence Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g)(1).
(c) Other Amendments.--Section 201 of title 10, United States Code, is further amended--
(1) in paragraph (1) of subsection (b), by striking
``Before submitting'' and all that follows and inserting ``In the event of a vacancy in a position referred to in paragraph
(2), the making by the Secretary of Defense of a recommendation to the President regarding the appointment of an individual to such position shall be governed by the provisions of section 106(b) of the National Security Act of 1947 (50 U.S.C. 403-6(b)), relating to the concurrence of the Director of National Intelligence in appointments to positions in the intelligence community.''; and
(2) in subsection (c), by striking ``National Foreign Intelligence Program'' and inserting ``National Intelligence Program''.
SEC. 1069. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE
COORDINATION COUNCIL.
(a) Establishment.--There is established in the Executive Office of the President a National Foreign Language Coordination Council (in this section referred to as the
``Council'').
(b) Membership.--The Council shall consist of the following members or their designees:
(1) The National Language Director, who shall serve as the chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank of the United States.
(17) The heads of such other Federal agencies as the Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) overseeing, coordinating, and implementing the National Security Language Initiative;
(B) developing a national foreign language strategy, building upon the efforts of the National Security Language Initiative, within 18 months after the date of the enactment of this Act, in consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(C) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; and
(D) monitoring the implementation of such strategy through--
(i) application of current and recently enacted laws; and
(ii) the promulgation and enforcement of rules and regulations.
(2) Strategy content.--The strategy developed under paragraph (1) shall include--
(A) recommendations for amendments to title 5, United States Code, in order to improve the ability of the Federal Government to recruit and retain individuals with foreign language proficiency and provide foreign language training for Federal employees;
(B) the long term goals, anticipated effect, and needs of the National Security Language Initiative;
(C) identification of crucial priorities across all sectors;
(D) identification and evaluation of Federal foreign language programs and activities, including--
(i) any duplicative or overlapping programs that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to maximize use of resources;
(E) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years;
(F) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and postsecondary educational institutions; and
(v) employers;
(G) recommendations for incentives for related educational programs, including foreign language teacher training;
(H) coordination of cross-sector efforts, including public-private partnerships;
(I) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern;
(J) recommendations for assistance for--
(i) the development of foreign language achievement standards; and
(ii) corresponding assessments for the elementary, secondary, and postsecondary education levels, including the National Assessment of Educational Progress in foreign languages;
(K) recommendations for development of--
(i) language skill-level certification standards;
(ii) frameworks for pre-service and professional development study for those who teach foreign language;
(iii) suggested graduation criteria for foreign language studies and appropriate non-language studies, such as--
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(L) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; and
(M) recommendations for overcoming barriers in foreign language proficiency.
(3) National security language initiative.--The term
``National Security Language Initiative'' means the comprehensive national plan of the President announced on January 5, 2006, and under the direction of the Secretaries of State, Education, and Defense and the Director of National Intelligence to expand foreign language education for national security purposes in the United States.
(d) Submission of Strategy to President and Congress.--Not later than 18 months after the date of enactment of this section, the Council shall prepare and transmit to the President and the relevant committees of Congress the strategy required under subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session at least 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Director considers necessary; and
(B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title.
(2) Detail of government employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(3) Experts and consultants.--With the approval of the Council, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements.
(B) Exception.--No person shall be provided with access to classified information under this section without the appropriate required security clearance access.
(6) Compensation.--The rate of pay for any employee of the Council (including the Director) may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Department of Education's General Education Provisions Act (20 U.S.C. 1232(h)), the Council considers necessary to carry out its responsibilities.
(B) Requirement to furnish requested information.--Upon request of the Director, the head of such agency shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies.
(h) Conferences, Newsletter, and Website.--In carrying out this section, the Council--
(1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education;
(2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the nation; and
(3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information.
(i) Annual Report.--
(1) Requirement.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes--
(A) the activities of the Council;
(B) the efforts of the Council to improve foreign language education and training; and
(C) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions.
(2) Relevant committees.--For purposes of paragraph (1), the relevant committees of Congress include--
(A) in the House of Representatives--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Education and Labor;
(iv) the Committee on Oversight and Government Reform;
(v) the Committee on Small Business;
(vi) the Committee on Foreign Affairs; and
(vii) the Permanent Select Committee on Intelligence;
(B) in the Senate--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Health, Education, Labor, and Pensions;
(iv) the Committee on Homeland Security and Governmental Affairs;
(v) the Committee on Foreign Relations;
(vi) the Committee on Small Business and Entrepreneurship; and
(vii) the Select Committee on Intelligence.
(j) Establishment of a National Language Director.--
(1) In general.--There is established a National Language Director who shall be appointed by the President. The National Language Director shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency.
(2) Responsibilities.--The National Language Director shall--
(A) develop and monitor the implementation of a national foreign language strategy, built upon the efforts of the National Security Language Initiative, across all sectors;
(B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; and
(C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council.
(2) State interagency councils and lead agencies.--Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary.
(l) Congressional Notification.--The Council shall provide to Congress such information as may be requested by Congress, through reports, briefings, and other appropriate means.
SEC. 1070. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF
AIRCRAFT UNDER CONTRACT WITH THE ARMED FORCES.
(a) Definition of Public Aircraft.--Section 40102(a)(41)(E) of title 49, United States Code, is amended--
(1) by inserting ``or an operational support service'' after ``transportation''; and
(2) by adding at the end the following new sentence: ``The term `an operational support service' means a mission performed by an aircraft operator that uses fixed or rotary winged aircraft to provide a service other than transportation.''.
(b) Armed Forces Operational Mission.--Section 40125(c) of such title is amended--
(1) in paragraph (1)(C), by inserting ``or an operational support service'' after ``transportation''; and
(2) by adding at the end the following new paragraph:
``(3) Compliance with federal aviation regulations.--If the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) does not make a designation under paragraph (1)(C) with regard to a chartered aircraft, the transportation or operational support service provided to the armed forces by such aircraft shall be in compliance with the Federal Aviation Regulations under title 14, Code of Federal Regulations.''.
(c) Technical Corrections.--
(1) Section 40125(b) of such title is amended by striking
``40102(a)(37)'' and inserting ``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by striking ``40102(a)(37)(E)'' appears and inserting
``40102(a)(41)(E)''.
SEC. 1071. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Designation of Fiduciary for Members With Lost Mental Capacity or Extended Loss of Consciousness.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a form for the designation of a recipient for the funds distributed under section 1980A of title 38, United States Code, as the fiduciary of a member of the Armed Forces in cases where the member is medically incapacitated
(as determined by the Secretary of Defense in consultation with the Secretary of Veterans Affairs) or experiencing an extended loss of consciousness.
(b) Elements.--The form under subsection (a) shall require that a member may elect that--
(1) an individual designated by the member be the recipient as the fiduciary of the member; or
(2) a court of proper jurisdiction determine the recipient as the fiduciary of the member for purposes of this subsection.
(c) Completion and Update.--The form under subsection (a) shall be completed by an individual at the time of entry into the Armed Forces and updated periodically thereafter.
SEC. 1072. SENSE OF CONGRESS ON FAMILY CARE PLANS AND THE
DEPLOYMENT OF MEMBERS OF THE ARMED FORCES WHO
HAVE MINOR DEPENDENTS.
(a) In General.--It is the sense of Congress that--
(1) single parents who are members of the Armed Forces with minor dependents, and dual-military couples with minor dependents, should develop and maintain effective family care plans that--
(A) address all reasonably foreseeable situations that would result in the absence of the single parent or dual-military couple in order to provide for the efficient transfer of responsibility for the minor dependents to an alternative caregiver; and
(B) are consistent with Department of Defense Instruction 1342.19, dated July 13, 1992, and any applicable regulations of the military department concerned; and
(2) the Secretary of Defense should establish procedures to ensure that if a single parent and both spouses in a dual-military couple are required to deploy to a covered area--
(A) requests by the single parent or dual-military couple for deferments of deployment due to unforeseen circumstances are evaluated rapidly; and
(B) appropriate steps are taken to ensure adequate care for minor dependents of the single parent or dual-military couple.
(b) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means an area for which special pay for duty subject to hostile fire or imminent danger is authorized under section 310 of title 37, United States Code.
(2) Dual-military couple.--The term ``dual-military couple'' means a married couple in which both spouses are members of the Armed Forces.
SEC. 1073. CONDUCT BY MEMBERS OF THE ARMED FORCES AND
VETERANS OUT OF UNIFORM DURING HOISTING,
LOWERING, OR PASSING OF FLAG.
Section 9 of title 4, United States Code, is amended by striking ``all persons present'' and all that follows through the end and inserting ``those present in uniform should render the military salute. Members of the Armed Forces 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 should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.''.
SEC. 1074. EXTENSION OF DATE OF APPLICATION OF NATIONAL
SECURITY PERSONNEL SYSTEM TO DEFENSE
LABORATORIES.
Section 9902(c)(1) of title 5, United States Code, is amended by striking ``October 1, 2008'' each place such term appears and inserting ``October 1, 2011'' in each such place.
SEC. 1075. PROTECTION OF CERTAIN INDIVIDUALS.
(a) 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 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) 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 security within the United States to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protection is 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 security under this subsection include the following:
(A) Any official, military member, or employee of the Department of Defense, including such a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department.
(B) Any distinguished foreign visitor to the United States who is conducting official business with the Department of Defense.
(C) Any member of the immediate family of a person authorized to receive physical protection and security under this section.
(3) Limitation on delegation.--The authority of the Secretary of Defense to authorize the provision of physical protection and 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 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, and the duration of the authorized protection and security for such officer, employee, or individual.
(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 90-day 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 each 60-day period to determine whether to continue to provide such protection and security.
(C) Requirement for compliance with regulations.--Protection and 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) In general.--The Secretary of Defense shall submit to the congressional defense committees a report of 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 30 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) 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 U.S. Army Criminal Investigation Command.
(B) The Naval Criminal Investigative Service.
(C) The U.S. 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 security and protection 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) 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 States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency.
SEC. 1076. 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. 1077. SENSE OF SENATE ON PROJECT COMPASSION.
(a) Findings.--The Senate makes the following findings:
(1) It is the responsibility of every citizen of the United States to honor the service and sacrifice of the veterans of the United States, especially those who have made the ultimate sacrifice.
(2) In the finest tradition of this sacred responsibility, Kaziah M. Hancock, an artist from central Utah, founded a nonprofit organization called Project Compassion, which endeavors to provide, without charge, to the family of a member of the Armed Forces who has fallen in active duty since the events of September 11, 2001, a museum-quality original oil portrait of that member.
(3) To date, Kaziah M. Hancock, four volunteer professional portrait artists, and those who have donated their time to support Project Compassion have presented over 700 paintings to the families of the fallen heroes of the United States.
(4) Kaziah M. Hancock and Project Compassion have been honored by the Veterans of Foreign Wars, the American Legion, the Disabled American Veterans, and other organizations with the highest public service awards on behalf of fallen members of the Armed Forces and their families.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) Kaziah M. Hancock and the members of Project Compassion have demonstrated, and continue to demonstrate, extraordinary patriotism and support for the Soldiers, Sailors, Airmen and Marines who have given their lives for the United States in Iraq and Afghanistan and have done so without any expectation of financial gain or recognition for these efforts;
(2) the people of the United States owe the deepest gratitude to Kaziah M. Hancock and the members of Project Compassion; and
(3) the Senate, on the behalf of the people of the United States, commends Kaziah M. Hancock, the four other Project Compassion volunteer professional portrait artists, and the entire Project Compassion organization for their tireless work in paying tribute to those members of the Armed Forces who have fallen in the service of the United States.
SEC. 1078. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]'';
and
(2) by inserting after chapter 1103 the following new chapter:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association, Incorporated (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and that is organized under the laws of the State of New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire.
``Sec. 120102. Purposes
``The purposes of the corporation are those provided in the articles of incorporation of the corporation and shall include the following:
``(1) To organize as a veterans service organization in order to maintain a continuing interest in the welfare of veterans of the Korean War, and rehabilitation of the disabled veterans of the Korean War to include all that served during active hostilities and subsequently in defense of the Republic of Korea, and their families.
``(2) To establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge.
``(3) To perpetuate and preserve the comradeship and friendships born on the field of battle and nurtured by the common experience of service to the United States during the time of war and peace.
``(4) To honor the memory of the men and women who gave their lives so that the United States and the world might be free and live by the creation of living memorial, monuments, and other forms of additional educational, cultural, and recreational facilities.
``(5) To preserve for the people of the United States and posterity of such people the great and basic truths and enduring principles upon which the United States was founded.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation of the corporation.
``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation.
``Sec. 120105. Powers
``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or officer of the corporation as such, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval, or the authority of the United States, for any activity of the corporation.
``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the State of New York.
``Sec. 120107. Tax-exempt status required as condition of charter
``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate.
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and
``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation.
``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation.
``Sec. 120111. Annual report
``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document.
``Sec. 120112. Definition
``For purposes of this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''.
(b) Clerical Amendment.--The item relating to chapter 1201 in the table of chapters at the beginning of subtitle II of title 36, United States Code, is amended to read as follows:
``1201. Korean War Veterans Association, Incorporated.........120101''.
SEC. 1079. SENSE OF SENATE ON GENERAL DAVID PETRAEUS.
(a) Findings.--The Senate makes the following findings:
(1) The Senate unanimously confirmed General David H. Petraeus as Commanding General, Multi-National Force-Iraq, by a vote of 81-0 on January 26, 2007.
(2) General Petraeus graduated first in his class at the United States Army Command and General Staff College.
(3) General Petraeus earned Masters of Public Administration and Doctoral degrees in international relations from Princeton University.
(4) General Petraeus has served multiple combat tours in Iraq, including command of the 101st Airborne Division (Air Assault) during combat operations throughout the first year of Operation Iraqi Freedom, which tours included both major combat operations and subsequent stability and support operations.
(5) General Petraeus supervised the development and crafting of the United States Army and Marine Corps counterinsurgency manual based in large measure on his combat experience in Iraq, scholarly study, and other professional experiences.
(6) General Petraeus has taken a solemn oath to protect and defend the Constitution of the United States of America.
(7) During his 35-year career, General Petraeus has amassed a distinguished and unvarnished record of military service to the United States as recognized by his receipt of a Defense Distinguished Service Medal, two Distinguished Service Medals, two Defense Superior Service Medals, four Legions of Merit, the Bronze Star Medal for valor, the State Department Superior Honor Award, the NATO Meritorious Service Medal, and other awards and medals.
(8) A recent attack through a full-page advertisement in the New York Times by the liberal activist group, Moveon.org, impugns the honor and integrity of General Petraeus and all the members of the United States Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to reaffirm its support for all the men and women of the United States Armed Forces, including General David H. Petraeus, Commanding General, Multi-National Force-Iraq;
(2) to strongly condemn any effort to attack the honor and integrity of General Petraeus and all the members of the United States Armed Forces; and
(3) to specifically repudiate the unwarranted personal attack on General Petraeus by the liberal activist group Moveon.org.
SEC. 1080. REPORT ON FEASIBILITY OF HOUSING A NATIONAL
DISASTER RESPONSE CENTER AT KELLY AIR FIELD,
SAN ANTONIO, TEXAS.
(a) In General.--Not later than March 31, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of utilizing existing infrastructure or installing new infrastructure at Kelly Air Field, San Antonio, Texas, to house a National Disaster Response Center for responding to man-made and natural disasters in the United States .
(b) Content.--The report required under subsection (a) shall include the following:
(1) A determination of how the National Disaster Response Center 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) Audie Murphy Veterans Administration Medical Center.
(F) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
(G) 149 Fighter Wing and Texas Air National Guard F-16 fighter aircraft.
(H) Army Northern Command.
(I) The National Trauma Institute's three level 1 trauma centers.
(J) Texas Medical Rangers.
(K) San Antonio Metro Health Department.
(L) The University of Texas Health Science Center at San Antonio.
(M) The Air Intelligence Surveillance and Reconnaissance Agency at Lackland Air Force Base.
(N) The United States Air Force Security Police Training Department at Lackland Air Force Base.
(O) The large manpower pools and blood donor pools from the more than 6,000 trainees at Lackland Air Force Base.
(2) Determine the number of military and civilian personnel required to be mobilized to run the logistics, planning, and maintenance of the National Disaster Response Center during a time of disaster recovery.
(3) Determine the number of military and civilian personnel required to run the logistics, planning, and maintenance of the National Disaster Response Center during a time when no disaster is occurring.
(4) Determine 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 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. 1081. SENSE OF CONGRESS ON EQUIPMENT FOR THE NATIONAL
GUARD TO DEFEND THE HOMELAND.
(a) Findings.--Congress makes the following findings:
(1) The Army National Guard and Air National Guard have played an increasing role in homeland security and a critical role in Operation Iraqi Freedom and Operation Enduring Freedom.
(2) As a result of persistent underfunding of procurement, lower prioritization, and more recently the wars in Afghanistan and Iraq, the Army National Guard and Air National Guard face significant equipment shortfalls.
(3) The National Guard Bureau, in its February 26, 2007, report entitled ``National Guard Equipment Requirements'', outlines the ``Essential 10'' equipment needs to support the Army National Guard and Air National Guard in the performance of their domestic missions.
(b) Sense of Congress.--It is the sense of Congress that the Army National Guard and Air National Guard should have sufficient equipment available to accomplish their missions inside the United States and to protect the homeland.
SEC. 1082. 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 one 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 one 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 one year after the date of the enactment 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) Finding.--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 due to the condition, non-existence, or accessibility of records.
(C) It is the intent of Congress is that the Secretary of the Navy contact as many former residents as quickly as possible.
(2) ATSDR health survey.--
(A) Development.--Not later than 120 days after the date of the enactment of this Act, the ATSDR, in consultation with the National Opinion Research Center, 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 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.
(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.
SEC. 1083. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS
AIRCRAFT GROUND EQUIPMENT.
It is the sense of the Senate to encourage the Air Force to give full consideration to the potential operational utility, cost savings, and increased safety afforded by the utilization of towbarless aircraft ground equipment.
SEC. 1084. DESIGNATION OF CHARLIE NORWOOD DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.
(a) Findings.--Congress makes the following findings:
(1) Charlie Norwood volunteered for service in the United States Army Dental Corps in a time of war, providing dental and medical services in the Republic of Vietnam in 1968, earning the Combat Medical Badge and two awards of the Bronze Star.
(2) Captain Norwood, under combat conditions, helped develop the Dental Corps operating procedures, that are now standard, of delivering dentists to forward-fire bases, and providing dental treatment for military service dogs.
(3) Captain Norwood provided dental, emergency medical, and surgical care for United States personnel, Vietnamese civilians, and prisoners-of-war.
(4) Dr. Norwood provided military dental care at Fort Gordon, Georgia, following his service in Vietnam, then provided private-practice dental care for the next 25 years for patients in the greater Augusta, Georgia, area, including care for military personnel, retirees, and dependents under Department of Defense programs and for low-income patients under Georgia Medicaid.
(5) Congressman Norwood, upon being sworn into the United States House of Representatives in 1995, pursued the advancement of health and dental care for active duty and retired military personnel and dependents, and for veterans, through his public advocacy for strengthened Federal support for military and veterans' health care programs and facilities.
(6) Congressman Norwood co-authored and helped pass into law the Keep our Promises to America's Military Retirees Act, which restored lifetime healthcare benefits to veterans who are military retirees through the creation of the Department of Defense TRICARE for Life Program.
(7) Congressman Norwood supported and helped pass into law the Retired Pay Restoration Act providing relief from the concurrent receipt rule penalizing disabled veterans who were also military retirees.
(8) Throughout his congressional service from 1995 to 2007, Congressman Norwood repeatedly defeated attempts to reduce Federal support for the Department of Veterans Affairs Medical Center in Augusta, Georgia, and succeeded in maintaining and increasing Federal funding for the center.
(9) Congressman Norwood maintained a life membership in the American Legion, the Veterans of Foreign Wars, and the Military Order of the World Wars.
(10) Congressman Norwood's role in protecting and improving military and veteran's health care was recognized by the Association of the United States Army through the presentation of the Cocklin Award in 1998, and through his induction into the Association's Audie Murphy Society in 1999.
(b) Designation.--
(1) In general.--The Department of Veterans Affairs Medical Center located at 1 Freedom Way in Augusta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Charlie Norwood Department of Veterans Affairs Medical Center''.
(2) References.--Any reference in any law, regulation, map, document, record, or other paper of the United States to the medical center referred to in paragraph (1) shall be considered to be a reference to the Charlie Norwood Department of Veterans Affairs Medical Center.
SEC. 1085. COMMERCIALIZATION PILOT PROGRAM.
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended--
(1) in paragraph (1), by adding at the end the following:
``The authority to create and administer a Commercialization Pilot Program under this subsection may not be construed to eliminate or replace any other SBIR program that enhances the insertion or transition of SBIR technologies, including any such program in effect on the date of enactment of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3136).'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Insertion incentives.--For any contract with a value of not less than $100,000,000, the Secretary of Defense is authorized to--
``(A) establish goals for transitioning Phase III technologies in subcontracting plans; and
``(B) require a prime contractor on such a contract to report the number and dollar amount of contracts entered into by that prime contractor for Phase III SBIR projects.
``(6) Goal for sbir technology insertion.--The Secretary of Defense shall--
``(A) set a goal to increase the number of Phase II contracts awarded by that Secretary that lead to technology transition into programs of record or fielded systems;
``(B) use incentives in effect on the date of enactment of the National Defense Authorization Act for Fiscal Year 2008, or create new incentives, to encourage prime contractors to meet the goal under subparagraph (A); and
``(C) submit to the Committee on Armed Services and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Armed Services and the Committee on Small Business of the House of Representatives an annual report regarding the percentage of contracts described in subparagraph (A) awarded by that Secretary.''; and
(4) in paragraph (8), as so redesignated, by striking
``fiscal year 2009'' and inserting ``fiscal year 2012''.
SEC. 1086. 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 any 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 anticipated programs to support an industrial base that would be needed to support the range of future requirements.
(c) Comptroller General Review.--Not later than 60 days after submittal under subsection (a) of the report required by that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General's assessment of the matters contained in the report under subsection (a), including an assessment of the consistency of the budget of the President for fiscal year 2009, as submitted to Congress pursuant to section 1105 of title 31, United States Code, with the matters contained in the report under subsection
(a).
SEC. 1087. JUSTICE FOR MARINES AND OTHER VICTIMS OF STATE-
SPONSORED TERRORISM ACT.
(a) Short Title.--This section may be cited as the
``Justice for Marines and Other Victims of State-Sponsored Terrorism Act''.
(b) 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 (as defined in section 2339A of title 18) for such an act if such act or provision of material support 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) the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405 (j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later designated as a result of such act;
``(B) the claimant or the victim was--
``(i) a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(ii) a member of the Armed Forces of the United States
(as that term is defined in section 976 of title 10); or
``(iii) otherwise an employee of the government of the United States or one of its contractors acting within the scope of their employment when the act upon which the claim is based occurred; or
``(C) where 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.
``(b) Definition.--For purposes of this section--
``(1) 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) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and
``(3) 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.
``(c) Time Limit.--An action may be brought under this section if the action is commenced not later than the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years from the date on which the cause of action arose.
``(d) Private Right of Action.--A private cause of action may be brought against a foreign state designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any official, employee, or agent of said foreign state while acting within the scope of his or her office, employment, or agency which shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10), or an employee of the government of the United States or one of its contractors acting within the scope of their employment or the legal representative of such a person for personal injury or death caused by acts of that foreign state or its official, employee, or agent for which the courts of the United States may maintain jurisdiction under this section for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in this section. A foreign state shall be vicariously liable for the actions of its officials, employees, or agents.
``(e) Additional Damages.--After an action has been brought under subsection (d), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and life and property insurance policy loss claims.
``(f) Special Masters.--
``(1) In general.--The Courts of the United States may from time to time 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 sections 1404C of the Victims 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 pursuant to section 1605(a)(7) such funds as may be required to carry out the Orders of that United States District Court appointing Special Masters in any case under this section. Any amount paid in compensation to any such Special Master shall constitute an item of court costs.
``(g) 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.
``(h) 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 located within that judicial district that is titled in the name of any defendant, or titled in the name of any entity controlled by any such defendant if such notice contains a statement listing those controlled entities.
``(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.''.
(2) Amendment to chapter analysis.--The chapter analysis for chapter 97 of title 28, United States Code, is amended by inserting after the item for section 1605 the following:
``1605A. Terrorism exception to the jurisdictional immunity of a foreign state.''.
(c) Conforming Amendments.--
(1) Property.--Section 1610 of title 28, United States Code, is amended by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--The property of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under this section, including property that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of--
``(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 execution upon a judgment entered under this section 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.''.
(2) 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''.
(3) 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); and
(B) by striking subsections (e) and (f).
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall apply to any claim arising under section 1605A or 1605(g) of title 28, United States Code, as added by this section.
(2) Prior actions.--Any judgment or action brought under section 1605(a)(7) of title 28, United States Code, or section 101(c) of Public Law 104-208 after the effective date of such provisions relying on either of these provisions as creating a cause of action, which has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action opposable against the state, and which is still before the courts in any form, including appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on motion made to the Federal District Court where the judgment or action was initially entered, be given effect as if it had originally been filed pursuant to section 1605A(d) of title 28, United States Code. The defenses of res judicata, collateral estoppel and limitation period are waived in any re-filed action described in this paragraph and based on the such claim. Any such motion or re-filing must be made not later than 60 days after enactment of this Act.
SEC. 1088. SMALL HIGH-TECH FIRMS.
Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2010''.
SEC. 1089. 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. 1090. 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. 1091. NATIONAL CENTER FOR HUMAN PERFORMANCE.
The scientific institute to perform research and education in medicine and related sciences to enhance human performance that is located at the Texas Medical Center shall hereafter be known as the ``National Center for Human Performance''. Nothing in this section shall be construed to convey on such institute status as a center of excellence under the Public Health Service Act or as a center of the national institutes of health under title IV of such Act.
SEC. 1092. 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:
``(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 agency demonstrates to the Secretary would achieve a significant reduction in petroleum consumption.''.
SEC. 1093. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY
MEMBERS OF INDIVIDUALS PERFORMING CERTAIN
MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered period of service'' means any period of service performed by an employee as a caregiver while the individual who designated the caregiver under paragraph (3) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' has the meaning given under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults, persons with disabilities, and other persons with a mental or physical disability, who are unable to care for themselves in the absence of the qualified member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel Management may establish a program to authorize a caregiver to use under paragraph (4)--
(A) any sick leave of that caregiver during a covered period of service; and
(B) any leave available to that caregiver under subchapter III or IV of chapter 63 of title 5, United States Code, during a covered period of service.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to--
(i) the employing agency; and
(ii) the uniformed service of which the individual is a member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation.
(4) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the giving of care by the employee to a family member under the designation of the employee as the caregiver for the family member.
(5) Regulations.--Not later than 120 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out this subsection, including a definition of activities that qualify as the giving of care.
(6) Termination.--The program under this subsection shall terminate on December 31, 2010.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered period of service'' means any period of service performed by an employee as a caregiver while the individual who designated the caregiver under paragraph (4) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a business entity participating in the program under this subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 18 years, elderly adults, persons with disabilities, and other persons with a mental or physical disability, who are unable to care for themselves in the absence of the qualified member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor may establish a program to authorize employees of business entities described under paragraph (3) to use sick leave, or any other leave available to an employee, during a covered period of service for purposes relating to, or resulting from, the giving of care by the employee to a family member under the designation of the employee as the caregiver for the family member.
(B) Exception.--Subparagraph (A) shall not apply to leave made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of Labor shall solicit business entities to voluntarily participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to--
(i) the employing business entity; and
(ii) the uniformed service of which the individual is a member.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation.
(5) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the giving of care by the employee to a family member under the designation of the employee as the caregiver for the family member.
(6) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall terminate on December 31, 2010.
(c) GAO Report.--Not later than March 31, 2010, the Government Accountability Office shall submit a report to Congress on the programs under subsections (a) and (b) that includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of each program.
SEC. 1094. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR
REFUELING SUPPORT FOR THE AIR FORCE.
(a) Pilot Program Required.--The Secretary of Air Force shall, commencing as soon as practicable after the date of the enactment of this Act, conduct a pilot program to assess the feasability and advisability of utilizing commercial fee-for-service air refueling tanker aircraft for Air Force operations.
(b) Purpose.--
(1) In general.--The purpose of the pilot program required by subsection (a) is 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 pilot program shall--
(A) demonstrate and validate a comprehensive strategy for air refueling on a fee-for-service basis by utilizing all appropriate aircraft in mission areas including testing support, training support to receivers, 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.
(c) Competitive Providers.--The pilot program shall include the services of not more than three commercial air refueling providers selected by the Secretary for the pilot program utilizing competitive procedures.
(d) Minimum Number of Aircraft.--Each provider selected for the pilot program shall utilize no fewer than two air refueling aircraft in participating in the pilot program.
(e) Aircraft Utilization.--The pilot program shall provide for a minimum of 1,200 flying hours per year per air refueling aircraft participating in the pilot program.
(f) Duration.--The period of the pilot program shall be not less than five years after the commencement of the pilot program.
(g) 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 to include:
(1) missions flown;
(2) mission areas supported;
(3) aircraft number, type, model series supported;
(4) fuel dispensed;
(5) departure reliability rates; and
(6) any other data as appropriate for evaluating performance of the commercial air refueling providers.
SEC. 1095. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.
(a) Establishment.--The Secretary of Defense may, to the extent consistent with the final recommendations of the 2005 Defense Base Closure and Realignment Commission as approved by the President, establish a Joint Pathology Center located at the National Naval Medical Center in Bethesda, Maryland, that shall function as the reference center in pathology for the Department of Defense.
(b) Services.--The Joint Pathology Center, if established, shall provide, at a minimum, the following services:
(1) Diagnostic pathology consultation.
(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 such Repository in conducting the activities described in paragraphs (1) through (3).
SEC. 1096. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC
MILITARY AVIATION NATIONAL TRAINING CENTER.
(a) In General.--Not later than March 31, 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 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 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.
(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.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EMPLOYEES FOR
CERTAIN TRAVEL HOURS.
Section 5544(a) of title 5, United States Code, is amended in the third sentence in the matter following paragraph (3) by inserting ``, including travel by the employee to such event and the return of the employee from such event to the employee's official duty station,'' after ``event''.
SEC. 1102. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR
MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.
(a) Civil Service Retirement System.--Section 8331(13) of title 5, United States Code, is amended by striking ``but'' and inserting ``and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31) of such title is amended by striking ``but'' and inserting
``and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but''.
(c) Applicability.--The amendments made by this section shall apply to--
(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act; and
(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.
SEC. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE FOR
FEDERAL EMPLOYEES CALLED TO ACTIVE DUTY.
Section 8706(b) of title 5, United States Code, is amended by adding at the end the following new paragraph:
``(5) In the case of an employee enrolled in life insurance under this chapter who is a member of a reserve component of the armed forces called or ordered to active duty, is placed on leave without pay to perform active duty pursuant to such call or order, and serves on active duty pursuant to such call or order for a period of more than 30 consecutive days, the life insurance of the employee under this chapter may continue for up to 24 months after discontinuance of pay by reason of the performance of such active duty.''.
SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL
SYSTEM.
(a) Exclusion of Wage-Grade Employees.--Subsection (b) of section 9902 of title 5, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following new paragraph (4):
``(4) not apply to any prevailing rate employees, as defined in section 5342(a)(2);''.
(b) Clarification of Requirements Regarding Labor-Management Relations.--
(1) In general.--Such section is further amended by striking subsection (m).
(2) Conforming amendments.--Such section is further amended--
(A) in subsection (f)(1)(D)(i), by inserting ``subject to the requirements of chapter 71,'' before ``develop a method''; and
(B) in subsection (g)(2)--
(i) in subparagraph (B), by inserting ``and'' at the end;
(ii) in subparagraph (C), by striking ``; and'' and inserting a period; and
(iii) by striking subparagraph (D).
(3) Construction of pay establishment or adjustment.--Subsection (e) of such section is amended by adding at the end the following new paragraph:
``(6) Any rate of pay established or adjusted in accordance with the requirements of this section shall be a matter covered by section 7103(a)(14)(C) of this title.''.
SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS
UNDER AREAS OF UNITED STATES CENTRAL COMMAND.
(a) Waiver Authority.--
(1) In general.--Notwithstanding section 5547 of title 5, United States Code, during 2008, the head of an Executive agency (as that term is defined in section 105 of title 5, United States Code) may waive limitations on total compensation, including limitations on the aggregate of basic pay and premium pay payable in a calendar year, to an employee who performs work while in an overseas location that is in the area of responsibility of the Commander of the United States Central Command in direct support of, or directly related to--
(A) a military operation, including a contingency operation; or
(B) an operation in response to a declared emergency.
(2) Limitation.--The total compensation payable to an employee pursuant to a waiver under this subsection in a calendar year may not exceed $212,100.
(b) Additional Pay Not Considered Basic Pay.--To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall such additional pay be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551 of title 5, United States Code.
(c) Regulations.--The Director of the Office of Personnel Management may prescribe regulations to ensure appropriate consistency among heads of Executive agencies in the exercise of the authority granted by this section.
SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF
DEFENSE RESEARCH AND ENGINEERING POSITIONS IN
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC
AND TECHNICAL PERSONNEL.
Section 1101(b)(1) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding after subparagraph (C) the following new subparagraph (D):
``(D) not more than a total of 20 scientific and engineering positions in the Office of the Director of Defense Research and Engineering;''.
SEC. 1107. REPEAL OF AUTHORITY FOR PAYMENT OF UNIFORM
ALLOWANCE TO CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Repeal.--Section 1593 of title 10, United States Code, is repealed.
(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 1593.
SEC. 1108. AUTHORIZATION FOR INCREASED COMPENSATION FOR
FACULTY AND STAFF OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
Section 2113(f) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``so as'' and inserting ``after consideration of the compensation necessary''; 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 case may the total amount of compensation paid under paragraph (1) in any year exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO
ASSIST IN ACCOUNTING FOR MISSING UNITED STATES
PERSONNEL.
(a) In General.--Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing
United States personnel
``(a) In General.--The Secretary of Defense may, with the concurrence of the Secretary of State, provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States personnel.
``(b) Types of Assistance.--The assistance provided under subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.
``(4) Training of personnel.
``(c) Limitation.--The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000.
``(d) Construction With Other Assistance.--The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.
``(e) Annual Reports.--(1) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year ending in such year.
``(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
``(A) A statement of each foreign nation provided assistance under this section.
``(B) For each nation so provided assistance, a description of the type and amount of such assistance.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item:
``408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United
States personnel.''.
(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.
SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR
SECURITY AND STABILIZATION ASSISTANCE.
(a) Increase in Amount of Authorized Assistance.--Subsection (b) of section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is amended by striking ``$100,000,000'' and inserting ``$200,000,000''.
(b) Program for Assistance.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as subsection (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new subsection (d):
``(d) Formulation and Implementation of Program for Assistance.--The Secretary of State shall coordinate with the Secretary of Defense in the formulation and implementation of a program of reconstruction, security, or stabilization assistance to a foreign country that involves the provision of services or transfer of defense articles or funds under subsection (a).''.
(c) One-Year Extension.--Subsection (g) of such section, as redesignated by subsection (b) of this section, is amended by striking ``September 30, 2007'' and inserting ``September 30, 2008''.
(d) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.
SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Year 2008.--During fiscal year 2008, from funds made available to the Department of Defense for operation and maintenance for such fiscal year, not to exceed $977,441,000 may be used by the Secretary of Defense in such fiscal year to provide funds--
(1) for the Commanders' Emergency Response Program in Iraq for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people; and
(2) for a similar program to assist the people of Afghanistan.
(b) Waiver Authority.--For purposes of exercising the authority provided by this section or any other provision of law making funds available for the Commanders' Emergency Response Program in Iraq or any similar program to assist the people of Afghanistan, the Secretary may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.
(c) Quarterly Reports.--Not later than 15 days after the end of each fiscal-year quarter of fiscal year 2008, the Secretary shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs referred to in subsection (a).
(d) Submittal of Modifications of Guidance.--In the event any modification is made after the date of the enactment of this Act in the guidance issued to the Armed Forces by the Under Secretary of Defense (Comptroller) on February 18, 2005, concerning the allocation of funds through the Commanders' Emergency Response Program in Iraq and any similar program to assist the people of Afghanistan, the Secretary shall submit to the congressional defense committees a copy of such modification not later than 15 days after the date of such modification.
SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL
PEACE OPERATIONS INITIATIVE.
(a) Report Required.--Not later than March 1, 2008, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report assessing the Global Peace Operations Initiative.
(b) Content.--The report required under subsection (a) shall include the following:
(1) An assessment of whether, and to what extent, the Global Peace Operations Initiative has met the goals set by the President at the inception of the program in 2004.
(2) Which goals, if any, remain unfulfilled.
(3) A description of activities conducted by each member state of the Group of Eight (G-8), including the approximate cost of the activities, and the approximate percentage of the total monetary value of the activities conducted by each G-8 member, including the United States, as well as efforts by the President to seek contributions or participation by other G-8 members.
(4) A description of any activities conducted by non-G-8 members, or other organizations and institutions, as well as any efforts by the President to solicit contributions or participation.
(5) A description of the extent to which the Global Peace Operations Initiative has had global participation.
(6) A description of the administration of the program by the Department of State and Department of Defense, including--
(A) whether each Department should concentrate administration in one office or bureau, and if so, which one;
(B) the extent to which the two Departments coordinate and the quality of their coordination; and
(C) the extent to which contractors are used and an assessment of the quality and timeliness of the results achieved by the contractors, and whether the United States Government might have achieved similar or better results without contracting out functions.
(7) A description of the metrics, if any, that are used by the President and the G-8 to measure progress in implementation of the Global Peace Operations Initiative, including--
(A) assessments of the quality and sustainability of the training of individual soldiers and units;
(B) the extent to which the G-8 and participating countries maintain records or databases of trained individuals and units and conduct inspections to measure and monitor the continued readiness of such individuals and units;
(C) the extent to which the individuals and units are equipped and remain equipped to deploy in peace operations; and
(D) the extent to which, the timeline by which, and how individuals and units can be mobilized for peace operations.
(8) The extent to which, the timeline by which, and how individuals and units can be and are being deployed to peace operations.
(9) An assessment of whether individuals and units trained under the Global Peace Operations Initiative have been utilized in peace operations subsequent to receiving training under the Initiative, whether they will be deployed to upcoming operations in Africa and elsewhere, and the extent to which such individuals and units would be prepared to deploy and participate in such peace operations.
(10) Recommendations as to whether participation in the Global Peace Operations Initiative should require reciprocal participation by countries in peace operations.
(11) Any additional measures that could be taken to enhance the effectiveness of the Global Peace Operations Initiative in terms of--
(A) achieving its stated goals; and
(B) ensuring that individuals and units trained as part of the Initiative are regularly participating in peace operations.
SEC. 1205. 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--Other Authorities and Limitations
SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS
WITH NATO ORGANIZATIONS AND OTHER ALLIED AND
FRIENDLY FOREIGN COUNTRIES.
Section 2350a(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(A)'';
(B) by striking ``an arms cooperation opportunities document'' and inserting ``a cooperative opportunities document before the first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms cooperation opportunities document'' and inserting ``A cooperative opportunities document''.
SEC. 1212. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO
USE ACQUISITION AND CROSS-SERVICING AGREEMENTS
TO LEND MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION AND SURVIVABILITY.
(a) Expansion to Nations Engaged in Certain Peacekeeping Operations.--Subsection (a) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended--
(1) in paragraph (1), by inserting ``or participating in combined operations with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement'' after ``Iraq or Afghanistan''; and
(2) in paragraph (3) by inserting ``, or in a peacekeeping operation described in paragraph (1), as applicable,'' after
``Iraq or Afghanistan''.
(b) One-Year Extension.--Subsection (e) of such section is amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
(c) Conforming Amendment.--The heading of such section is amended by striking ``FOREIGN FORCES IN IRAQ AND AFGHANISTAN'' and inserting ``CERTAIN FOREIGN FORCES''.
SEC. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU
FOR COSTS OF MILITARY CIVIC ACTION TEAMS.
Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is amended--
(1) by inserting ``(1)'' before ``In recognition''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may accept from the Government of Palau the amount available for the use of the Government of Palau under paragraph (1). Any amount so accepted by the Secretary under this paragraph shall be credited to the appropriation or account available to the Department of Defense for the Civic Action Team with respect to which such amount is so accepted. Amounts so credited shall be merged with the appropriation or account to which credited, and shall be available to the Civic Action Team for the same purposes, and subject to the same conditions and limitations, as the appropriation or account with which merged.''.
SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPARTMENT OF
DEFENSE IN MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.
(a) Extension of Participation.--Section 1205 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2416) is amended--
(1) in subsection (a), by striking ``fiscal year 2007'' and inserting ``during fiscal years 2007 and 2008''; and
(2) in subsection (e)(2), by inserting ``or 2008'' after
``in fiscal year 2007''.
(b) Reporting Requirements.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``October 31, 2007,'' and inserting
``October 31 of each of 2007 and 2008,''; and
(B) by striking ``fiscal year 2007'' and inserting ``fiscal year 2007 or 2008, as applicable''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The report'' and inserting ``Each report''; and
(ii) by inserting ``, for the fiscal year covered by such report,'' after ``shall include''; and
(B) in subparagraph (A), by striking ``fiscal year 2007''.
SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF
THAILAND.
(a) Findings.--Congress makes the following findings:
(1) Thailand is an important strategic ally and economic partner of the United States.
(2) The United States strongly supports the prompt restoration of democratic rule in Thailand.
(3) While it is in the interest of the United States to have a robust defense relationship with Thailand, it is appropriate that the United States has curtailed certain military-to-military cooperation and assistance programs until democratic rule has been restored in Thailand.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Thailand should continue on the path to restore democratic rule as quickly as possible, and should hold free and fair national elections as soon as possible and no later than December 2007; and
(2) once Thailand has fully reestablished democratic rule, it will be both possible and desirable for the United States to reinstate a full program of military assistance to the Government of Thailand, including programs such as International Military Education and Training (IMET) and Foreign Military Financing (FMF) that were appropriately suspended following the military coup in Thailand in September 2006.
(c) Limitation.--No funds authorized to be appropriated by this Act may be obligated or expended to provide direct assistance to the Government of Thailand to initiate new military assistance activities until 15 days after the Secretary of Defense notifies the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives of the intent of the Secretary to carry out such new types of military assistance activities with Thailand.
(d) Exception.--The limitation in subsection (c) shall not apply with respect to funds as follows:
(1) Amounts authorized to be appropriated for Overseas Humanitarian, Disaster, and Civic Aid.
(2) Amounts otherwise authorized to be appropriated by this Act and available for humanitarian or emergency assistance for other nations.
(e) New Military Assistance Activities Defined.--In this section, the term ``new military assistance activities'' means military assistance activities that have not been undertaken between the United States and Thailand during fiscal year 2007.
SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND
UNITED STATES STRATEGY REGARDING IRAN.
Not more than 75 percent of the amount authorized to be appropriated by this Act and available for the Office of the Under Secretary of Defense for Policy may be obligated or expended for that purpose until the President submits to Congress the report required by section 1213(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2422).
SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS
PENDING IMPLEMENTATION OF REQUIREMENTS
REGARDING NORTH KOREA.
Notwithstanding any other provision of law, no funds authorized to be appropriated for the Department of Defense by this Act or any other Act for the provision of security and stabilization assistance as authorized by section 1207 of the National Defense Authorization Act for Fiscal Year 2006
(as amended by section 1202 of this Act) may be obligated or expended for that purpose until the President certifies to Congress that all the provisions of section 1211 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-163; 120 Stat. 2420) have been or are being carried out.
SEC. 1218. POLICY OF THE UNITED STATES ON PROTECTION OF THE
UNITED STATES AND ITS ALLIES AGAINST IRANIAN
BALLISTIC MISSILES.
(a) Finding.--Congress finds that Iran maintains a nuclear program in continued defiance of the international community while developing ballistic missiles of increasing sophistication and range that pose a threat to both the forward-deployed forces of the United States and to its North Atlantic Treaty Organization (NATO) allies in Europe; and which 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 and deploy, as soon as technologically possible, in conjunction with its allies and other nations whenever possible, an effective defense against the threat from Iran described in subsection (a)(1) that will provide protection for the United States, its friends, and its North Atlantic Treaty Organization allies; and
(2) to proceed in the development of such response in a manner such that any missile defenses fielded by the United States in Europe are integrated with or complementary to missile defense capabilities that might be fielded by the North Atlantic Treaty Organization in Europe.
SEC. 1219. 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. 2708e)(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.--
(1) Reports required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, 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.--Each report under paragraph (1) shall include, current as of the date of such report, 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) Form of report.--Each report submitted to Congress under paragraph (1) shall be submitted in a classified form, and shall be accompanied by a report in unclassified form that redacts the classified information in the report.
Subtitle C--Reports
SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILITARY
OPERATIONS IN AFGHANISTAN.
(a) Reports Required.--Not later than 60 days after the date of the enactment of this Act and every 180 days thereafter through the end of fiscal year 2009, the President shall submit to the congressional defense committees a report on United States policy and military operations in Afghanistan.
(b) Elements.--Each report required by subsection (a) shall include the following:
(1) A comprehensive strategy, coordinated between and among the departments and agencies of the United States Government, for achieving the objectives of United States policy and military operations in Afghanistan.
(2) A description of current and proposed efforts to assist the Government of Afghanistan in increasing the size and capability of the Afghan Security Forces, including key criteria for measuring the capabilities and readiness of the Afghan National Army, the Afghan National Police, and other Afghan security forces.
(3) A description of current and proposed efforts of the United States Government to work with coalition partners to strengthen the International Security Assistance Force (ISAF) led by the North Atlantic Treaty Organization (NATO) in Afghanistan, including efforts--
(A) to encourage North Atlantic Treaty Organization members to make or fulfill commitments to meet North Atlantic Treaty Organization mission requirements with respect to the International Security Assistance Force; and
(B) to remove national restrictions on the use of forces of members of the North Atlantic Treaty Organization deployed as part of the International Security Assistance Force mission.
(4) A description of current and proposed efforts to improve provincial governance and expand economic development in the provinces of Afghanistan, including--
(A) a statement of the mission and objectives of the Provincial Reconstruction Teams in Afghanistan;
(B) a description of the number, funding (including the sources of funding), staffing requirements, and current staffing levels of the Provincial Reconstruction Teams, set forth by United States Government agency;
(C) an evaluation of the effectiveness of each Provincial Reconstruction Team, including each team under the command of the United States and each team under the command of the International Security Assistance Force, in achieving its mission and objectives; and
(D) a description of the collaboration, if any, between the United States Agency for International Development and Special Operations Forces in such efforts, and an assessment of the results of such collaboration.
(5) With respect to current counternarcotics efforts in Afghanistan--
(A) a description of the counternarcotics plan of the United States Government in Afghanistan, including a statement of priorities among United States counterdrug activities (including interdiction, eradication, and alternative livelihood programs) within that plan, and a description of the specific resources allocated for each such activity;
(B) a description of the counternarcotics roles and missions assumed by the local and provincial governments of Afghanistan, the Government of Afghanistan, particular departments and agencies of the United States Government, the International Security Assistance Force, and other governments;
(C) a description of the extent, if any, to which counternarcotics operations in or with respect to Afghanistan have been determined to constitute a United States military mission, and the justification for that determination;
(D) a description of United States efforts to destroy drug manufacturing facilities; and
(E) a description of United States efforts to apprehend or eliminate major drug traffickers in Afghanistan, and a description of the extent to which such drug traffickers are currently assisting United States counterterrorist efforts.
(6) A description of current and proposed efforts to help the Government of Afghanistan fight public corruption and strengthen the rule of law.
(7) A description of current and proposed diplomatic and other efforts to encourage and assist the Government of Pakistan to eliminate safe havens for Taliban, Al Qaeda, and other extremists within the territory of Pakistan which threaten the stability of Afghanistan, and an evaluation of the cooperation of the Government of Pakistan in eliminating such safe havens.
(c) Form.--Each report required by subsection (a) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex.
SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AFGHANISTAN BY
ELIMINATING SAFE HAVENS FOR VIOLENT EXTREMISTS
IN PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, the Government of Pakistan has been an important partner in helping the United States remove the Taliban regime from Afghanistan.
(2) In early September 2006, the Government of Pakistan signed a peace agreement with pro-Taliban militants in Miramshah, North Waziristan, Pakistan. Under the agreement, local tribesmen in North Waziristan agreed to halt cross-border movement of pro-Taliban insurgents from the North Waziristan area to Afghanistan and to remove all foreigners who do not respect the peace and abide by the agreement.
(3) In late September 2006, United States military officials in Kabul, Afghanistan, reported two-fold, and in cases three-fold, increases in the number of cross-border attacks along the Afghanistan border with Pakistan in the weeks following the signing of the agreement referred to in paragraph (2).
(4) On February 13, 2007, Lieutenant General Karl W. Eikenberry, the former commanding general of Combined Forces Command--Afghanistan, stated in a written statement to the Committee on Armed Services of the House of Representatives that ``Al Qaeda and Taliban leadership presence inside Pakistan remains a significant problem that must be satisfactorily addressed if we are to prevail in Afghanistan and if we are to defeat the global threat posed by international terrorism''.
(5) On February 27, 2007, John McConnell, the Director of National Intelligence, stated in a written statement to the Committee on Armed Services of the Senate that
``[e]liminating the safehaven that the Taliban and other extremists have found in Pakistan's tribal areas is not sufficient to end the insurgency in Afghanistan but it is necessary''.
(b) Strategy Relating to Pakistan.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report describing the long-term strategy of the United States to engage with the Government of Pakistan--
(A) to prevent the movement of Taliban, Al Qaeda, and other violent extremist forces across the border of Pakistan into Afghanistan; and
(B) to eliminate safe havens for such forces on the national territory of Pakistan.
(2) Form.--The report shall be submitted in unclassified form, but may include a classified annex.
(c) Limitation on Availability of Department of Defense Coalition Support Funds for Pakistan.--
(1) Limitation.--For fiscal years 2008 and 2009, the Government of Pakistan may not be reimbursed in any fiscal year quarter for the provision to the United States of logistical, military, or other support utilizing funds appropriated or otherwise made available by an Act making supplemental appropriations for fiscal year 2007 for operations in Iraq and Afghanistan, or any other Act, for the purpose of making payments to reimburse key cooperating nations for the provision to the United States of such support unless the President certifies to the congressional defense committees for such fiscal year quarter that the Government of Pakistan is making substantial and sustained efforts to eliminate safe havens for the Taliban, Al Qaeda and other violent extremists in areas under its sovereign control, including in the cities of Quetta and Chaman and in the Northwest Frontier Province and the Federally Administered Tribal Areas.
(2) Content of certification.--Each certification submitted under paragraph (1) shall include a detailed description of the efforts made by the Government of Pakistan to eliminate safe havens for the Taliban, Al Qaeda, and other violent extremists in areas under its sovereign control.
(3) Form.--Each certification submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4) Waiver.--The President may waive the limitation on reimbursements under paragraph (1) for a fiscal year quarter if the President determines and certifies to the congressional defense committees that it is important to the national security interest of the United States to do so.
SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS
RELATING TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.
Section 1225(b)(2) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) is amended by striking ``Not later than one year after enactment of this Act,'' and inserting ``Not later than each of January 6, 2007, and January 7, 2008,''.
SEC. 1234. REPORT ON PLANNING AND IMPLEMENTATION OF UNITED
STATES ENGAGEMENT AND POLICY TOWARD DARFUR.
(a) Requirement for Reports.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report on the policy of the United States to address the crisis in Darfur, in eastern Chad, and in 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.
(b) Elements.--Each report 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 1706 (2006) and 1591 (2005), 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 peacekeepers 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) A comprehensive explanation of the policy of the United States to address the crisis in Darfur, including the activities of the Department of Defense and the Department of State.
(3) A comprehensive assessment of the impact of a no-fly zone for Darfur, 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.
(4) 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.
(5) An assessment of the extent to which additional resources are necessary to meet the obligations of the United States to AMIS and any covered United Nations mission.
(c) Form and Availability of Reports.--
(1) Form.--Each report submitted under this section shall be in an unclassified form, but may include a classified annex.
(2) Availability.--The unclassified portion of any report submitted under this section 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 Darfur, and any United Nations peacekeeping operating in Darfur, eastern Chad, or northern Central African Republic, that is deployed on or after the date of the enactment of this Act.
SEC. 1235. REPORT ON THE AIRFIELD IN ABECHE, CHAD, AND OTHER
RESOURCES NEEDED TO PROVIDE STABILITY IN THE
DARFUR REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the airfield located in Abeche, Republic of Chad, could play a significant role in potential United Nations, African Union, or North Atlantic Treaty Organization humanitarian, peacekeeping, or other military operations in Darfur, Sudan, or the surrounding region; and
(2) the capacity of that airfield to serve as a substantial link in such operations should be assessed, along with the projected costs and specific upgrades that would be necessary for its expanded use, should the Government of Chad agree to its improvement and use for such purposes.
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate committees of Congress a report on the matters as follows:
(1) The current capacity of the existing airfield in Abeche, Republic of Chad, including the scope of its current use by the international community in response to the crisis in the Darfur region.
(2) The upgrades, and their associated costs, necessary to enable the airfield in Abeche, Republic of Chad, to be improved to be fully capable of accommodating a humanitarian, peacekeeping, or other force deployment of the size foreseen by the recent United Nations resolutions 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.
(3) The force size and composition of an international effort estimated to be necessary to provide protection to those Darfur civilian populations currently displaced in the Darfur region.
(4) The force size and composition of an international effort estimated to be necessary to provide broader stability within the Darfur region.
SEC. 1236. 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 asymmetric capabilities, including cyberwarfare, including--
``(A) detailed analyses of the countries targeted;
``(B) the specific vulnerabilities targeted in these countries;
``(C) the tactical and strategic effects sought by developing threats to such targets; and
``(D) an appendix detailing specific examples of tests and development of these asymmetric capabilities.''.
SEC. 1237. APPLICATION OF THE UNIFORM CODE OF MILITARY
JUSTICE TO MILITARY CONTRACTORS DURING A TIME
OF WAR.
The Secretary of Defense shall report within 60 days of enactment of this Act to House Armed Service Committee and the Senate Armed Services Committee on the status of implementing section 552 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) related to the application of the Uniform Code of Military Justice to military contractors during a time of war or a contingency operation.
SEC. 1238. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES
CITIZENS AND THEIR RELATIVES IN NORTH KOREA.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the President shall submit 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:
(1) An estimate of the current number of United States citizens with relatives in North Korea, and an estimate of the current number of such United States citizens who are more than 70 years of age.
(2) An estimate of the number of United States citizens who have traveled to North Korea for family reunions.
(3) An estimate of the amounts of money and aid that went from the Korean-American community to North Korea in 2007.
(4) A summary of any allegations of fraud by third-party brokers in arranging family reunions between United States citizens and their relatives in North Korea.
(5) A description of the efforts, if any, of the President to facilitate reunions between the United States citizens and their relatives in North Korea, including the following:
(A) Negotiating with the Democratic People's Republic of Korea to permit 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 the Democratic People's Republic of Korea, to dedicate personnel and resources at the United States embassy in Pyongyang, Democratic People's Republic of Korea, to facilitate reunions between United States citizens and their relatives in North Korea.
(C) Informing Korean-American families of fraudulent practices by certain third-party brokers who arrange reunions between United States citizens and their relatives in North Korea, and seeking an end to such practices.
(D) Developing standards for safe and transparent family reunions overseas involving United States citizens and their relatives in North Korea.
(6) What additional efforts in the areas described in paragraph (5), if any, the President would consider desirable and feasible.
SEC. 1239. REPORTS ON PREVENTION OF MASS ATROCITIES.
(a) Department of State Report.--
(1) Report required.--Not later than 120 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 120 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 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.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note), as amended by section 1303 of this Act.
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds Defined.--As used in this title, the term ``fiscal year 2008 Cooperative Threat Reduction funds'' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $428,048,000 authorized to be appropriated to the Department of Defense for fiscal year 2008 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$102,885,000.
(2) For nuclear weapons storage security in Russia,
$22,988,000.
(3) For nuclear weapons transportation security in Russia,
$37,700,000.
(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union,
$51,986,000.
(5) For biological weapons proliferation prevention in the former Soviet Union, $194,489,000.
(6) For chemical weapons destruction in Russia, $1,000,000.
(7) For threat reduction outside the former Soviet Union,
$10,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For activities designated as Other Assessments/Administrative Support, $19,000,000.
(b) Report on Obligation or Expenditure of Funds for Other Purposes.--No fiscal year 2008 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (9) of subsection
(a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2008 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2008 for a purpose listed in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a purpose stated in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the notification.
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET
UNION.
Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new subsection:
``(c) Specified Programs With Respect to States Outside the Former Soviet Union.--The programs referred to in subsection
(a) are the following programs with respect to states that are not states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and safe and secure transportation and storage, of biological, or chemical weapons, materials, weapons components, or weapons-related materials.
``(2) Programs to prevent the proliferation of nuclear, chemical, or biological weapons, weapons components, and weapons-related military technology and expertise.
``(3) Programs to facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the Armed Forces of the United States or allies of the United States.''.
SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE FORMER
SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``the President'' the second place it appears and inserting ``the Secretary of Defense, with the concurrence of the Secretary of State,''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the President'' the second place it appears and inserting ``the Secretary of Defense, with the concurrence of the Secretary of State,''; and
(B) in paragraph (2), by striking ``the President'' and inserting ``the Secretary of Defense and the Secretary of State''.
SEC. 1305. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF
THE FORMER SOVIET UNION FOR COOPERATIVE THREAT
REDUCTION.
(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--The Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is amended--
(A) by striking section 211; and
(B) in section 212, by striking ``, consistent with the findings stated in section 211,''.
(2) Cooperative threat reduction act of 1993.--Section 1203 of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) is amended by striking subsection (d).
(3) Russian chemical weapons destruction facilities.--Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program.
SEC. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION
OF PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out a study to identify areas for cooperation with states other than states of the former Soviet Union under the Cooperative Threat Reduction program of the Department of Defense in the prevention of proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall provide for the study under subsection (a) to include the following:
(1) An assessment of trends in the biological sciences and biotechnology that will affect the capabilities of governments of developing countries to control the containment and use of dual-use technologies of potential interest to terrorist organizations or individuals with hostile intentions.
(2) An assessment of the approaches to cooperative threat reduction used by the states of the former Soviet Union that are of special relevance in preventing the proliferation of biological weapons in other areas of the world.
(3) A review of programs of the United States Government and other governments, international organizations, foundations, and other private sector entities used in developing countries that are not states of the former Soviet Union that may contribute to the prevention of the proliferation of biological weapons.
(4) Recommendations on steps for integrating activities of the Cooperative Threat Reduction program relating to the prevention of the proliferation of biological weapons with activities of other departments and agencies of the United States addressing problems and opportunities in developing countries that are not states of the former Soviet Union.
(c) Report.--
(1) In general.--Not later than December 31, 2008, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study carried out under subsection (a).
(2) Matters to be included.--The report under paragraph (1) shall include the following:
(A) The results of the study carried out under subsection
(a), including any report received by the Secretary from the National Academy of Sciences on the study.
(B) An assessment by the Secretary of the study.
(C) A statement of the actions, if any, to be undertaken by the Secretary to implement any recommendations in the study.
(3) Form.--The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) Funding.--Of the amount authorized to be appropriated by section 301(18) for Cooperative Threat Reduction programs, not more than $2,500,000 may be obligated or expended to carry out this section.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $102,446,000.
(2) For the Defense Working Capital Fund, Defense Commissary, $1,250,300,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the National Defense Sealift Fund in the amount of $1,044,194,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $22,543,124,000, of which--
(1) $22,044,381,000 is for Operation and Maintenance;
(2) $136,482,000 is for Research, Development, Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,491,724,000, of which--
(1) $1,186,452,000 is for Operation and Maintenance;
(2) $274,846,000 is for Research, Development, Test, and Evaluation; and
(3) $30,426,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $959,322,000.
SEC. 1405A. ADDITIONAL AMOUNT FOR DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES WITH RESPECT TO
AFGHANISTAN.
(a) Additional Amount for Drug Interdiction and Counter-Drug Activities, Defense-Wide.--The amount authorized to be appropriated by section 1405 for Drug Interdiction and Counter-Drug Activities, Defense-wide, is hereby increased by
$162,800,000.
(b) Availability.--Of the amount authorized to be appropriated by section 1405 for Drug Interdiction and Counter-Drug Activities, Defense-wide, as increased by subsection (a), $162,800,000 may be available for drug interdiction and counterdrug activities with respect to Afghanistan.
(c) Supplement Not Supplant.--The amount available under subsection (b) for the purpose specified in that paragraph is in addition to any other amounts available under this Act for that purpose.
(d) Offset.--The amount authorized to be appropriated by section 1509 for Drug Interdiction and Counter-Drug Activities, Defense-wide, for Operation Iraqi Freedom and Operation Enduring Freedom is hereby decreased by
$162,800,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of
$225,995,000, of which--
(1) $224,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS
FROM LOWER INFLATION.
(a) Reduction.--The aggregate amount authorized to be appropriated by this division is the amount equal to the sum of all the amounts authorized to be appropriated by the provisions of this division reduced by $1,627,000,000, to be allocated as follows:
(1) Procurement.--The aggregate amount authorized to be appropriated by title I is hereby reduced by $601,000,000.
(2) Research, development, test, and evaluation.--The aggregate amount authorized to be appropriated by title II is hereby reduced by $451,000,000.
(3) Operation and maintenance.--The aggregate amount authorized to be appropriated by title III is hereby reduced by $554,000,000.
(4) Other authorizations.--The aggregate amount authorized to be appropriated by title XIV is hereby reduced by
$21,000,000.
(b) Source of Savings.--Reductions required in order to comply with subsection (a) shall be derived from savings resulting from lower-than-expected inflation as a result of the difference between the inflation assumptions used in the Concurrent Resolution on the Budget for Fiscal Year 2008 when compared with the inflation assumptions used in the budget of the President for fiscal year 2008, as submitted to Congress pursuant to section 1005 of title 31, United States Code.
(c) Allocation of Reductions.--The Secretary of Defense shall allocate the reductions required by this section among the amounts authorized to be appropriated for accounts in titles I, II, III, and XIV to reflect the extent to which net savings from lower-than-expected inflations are allocable to amounts authorized to be appropriated to such accounts.
Subtitle B--National Defense Stockpile
SEC. 1411. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of up to 50,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the disposal of the total quantity of ferromanganese authorized for disposal by subsection (a) before September 30, 2008, the Secretary of Defense may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the disposal of the total quantity of additional ferromanganese authorized for disposal by paragraph (1) before September 30, 2008, the Secretary may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of ferromanganese under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal under the applicable paragraph, that--
(1) the disposal of the additional ferromanganese from the National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional ferromanganese will not cause disruption to the usual markets of producers and processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is consistent with the requirements and purpose of the National Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense may delegate the responsibility of the Secretary under subsection (c) to an appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term ``National Defense Stockpile'' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 1412. DISPOSAL OF CHROME METAL.
(a) Disposal Authorized.--The Secretary of Defense may dispose of up to 500 short tons of chrome metal from the National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the disposal of the total quantity of chrome metal authorized for disposal by subsection (a) before September 30, 2008, the Secretary of Defense may dispose of up to an additional 250 short tons of chrome metal from the National Defense Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the disposal of the total quantity of additional chrome metal authorized for disposal by paragraph (1) before September 30, 2008, the Secretary may dispose of up to an additional 250 short tons of chrome metal from the National Defense Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of chrome metal under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal under the applicable paragraph, that--
(1) the disposal of the additional chrome metal from the National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional chrome metal will not cause disruption to the usual markets of producers and processors of chrome metal in the United States; and
(3) the disposal of the additional chrome metal is consistent with the requirements and purpose of the National Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense may delegate the responsibility of the Secretary under subsection (c) to an appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term ``National Defense Stockpile'' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority.--Paragraph (5) of section 3402(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as amended by section 3302(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3546), is further amended by striking
``$600,000,000 before'' and inserting ``$729,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Paragraph (7) of section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is further amended to read as follows:
``(7) $1,469,102,000 by the end of fiscal year 2015.''.
Subtitle C--Civil Programs
SEC. 1421. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008 from the Armed Forces Retirement Home Trust Fund the sum of $61,624,000 for the operation of the Armed Forces Retirement Home.
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES
RETIREMENT HOME.
(a) Independence and Purpose of Retirement Home.--Section 1511 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended--
(1) in subsection (a), by adding at the end the following:
``However, for the purpose of entering into contracts, agreements, or transactions regarding real property and facilities under the control of the Board, the Retirement Home shall be treated as a military facility of the Department of Defense. 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) by striking subsection (g) and inserting the following new subsection (g):
``(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.''.
(b) 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, at no cost to residents, to acute medical and dental services and after-hours routine medical care''.
(c) Chief Medical Officer.--The Armed Forces Retirement Home Act of 1991 is further amended by inserting after section 1515 the following new section:
``SEC. 1515A. CHIEF MEDICAL OFFICER.
``(a) Appointment.--(1) The Secretary of Defense shall appoint the Chief Medical Officer of the Retirement Home. The Secretary of Defense shall make the appointment in consultation with the Secretary of Homeland Security.
``(2) The Chief Medical Officer shall serve a term of two years, but is removable from office during such term at the pleasure of the Secretary.
``(3) The Secretary (or the designee of the Secretary) shall evaluate the performance of the Chief Medical Officer not less frequently than once each year. The Secretary shall carry out such evaluation in consultation with the Chief Operating Officer and the Local Board for each facility of the Retirement Home.
``(4) An officer appointed as Chief Medical Officer of the Retirement Home shall serve as Chief Medical Officer without vacating any other military duties and responsibilities assigned to that officer whether at the time of appointment or afterward.
``(b) Qualifications.--(1) To qualify for appointment as the Chief Medical Officer, a person shall be a member of the Medical, Dental, Nurse, or Medical Services Corps of the Armed Forces, including the Health and Safety Directorate of the Coast Guard, serving on active duty in the grade of brigadier general, or in the case of the Navy or the Coast Guard rear admiral (lower half), or higher.
``(2) In making appointments of the Chief Medical Officer, the Secretary of Defense shall, to the extent practicable, provide for the rotation of the appointments among the various Armed Forces and the Health and Safety Directorate of the Coast Guard.
``(c) Responsibilities.--(1) The Chief Medical Officer shall be responsible to the Secretary, the Under Secretary of Defense for Personnel and Readiness, and the Chief Operating Officer for the direction and oversight of the provision of medical, mental health, and dental care at each facility of the Retirement Home.
``(2) The Chief Medical Officer shall advise the Secretary, the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, and the Local Board for each facility of the Retirement Home on all medical and medical administrative matters of the Retirement Home.
``(d) Duties.--In carrying out the responsibilities set forth in subsection (c), the Chief Medical Officer 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, and 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.
``(e) Advisory Bodies.--In carrying out the responsibilities set forth in subsection (c) and the duties set forth in subsection (d), the Chief Medical Officer may establish and seek the advice of such advisory bodies as the Chief Medical Officer considers appropriate.''.
(d) Local Boards of Trustees.--
(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) The Local Board for a facility shall provide to the Under Secretary of Defense for Personnel and Readiness not less often than annually an assessment of all aspects of the facility, including the quality of care at the facility.
``(4) Not less frequently than once each year, the Local Board for a facility shall submit to Congress a report that includes 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 member 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).''.
(e) Inspection of Retirement Home.--Section 1518 of such Act (24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Inspector General of the Department of Defense.--(1) The Inspector General of the Department of Defense shall have the duty to inspect the Retirement Home.
``(2) The Inspector General shall advise the Secretary of Defense and the Director of each facility of the Retirement Home on matters relating to waste, fraud, abuse, and mismanagement of the Retirement Home.
``(b) Inspections by Inspector General.--(1) Every two years, the Inspector General of the Department of Defense shall perform a comprehensive inspection of all aspects of each facility of the Retirement Home, 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 may 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) Not later than 45 days after completing an inspection of a facility of the Retirement Home under subsection (b), the Inspector General shall submit to the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, the Director of the facility, and the Local Board for the facility, and to Congress, a report describing the results of the inspection and containing such recommendations as the Inspector General considers appropriate in light of the inspection.
``(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 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) Every two years, in a year in which the Inspector General does not perform an inspection under subsection (b), 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 1422(a)(2)(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.''.
(f) 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.''.
Subtitle D--Chemical Demilitarization Matters
SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT FOR
CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY
COMMISSIONS.
(a) Modification.--Subsection (h) of section 172 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended by striking ``after the stockpile located in that commission's State has been destroyed'' and inserting ``upon the earlier of--
``(1) the completion of closure activities for the chemical agent destruction facility in the commission's State as required pursuant to regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
``(2) the request of the Governor of the commission's State.''.
(b) Technical Amendments.--Subsections (b), (f), and (g) of such section are each amended by striking ``Assistant Secretary of the Army (Research, Development, and Acquisition)'' and inserting ``Assistant Secretary of the Army (Acquisition, Logistics, and Technology)''.
SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR
DIRECTOR OF CHEMICAL DEMILITARIZATION
MANAGEMENT ORGANIZATION.
Section 1412(e)(3) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 1433. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF
UNITED STATES CHEMICAL WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, done at Paris on January 13, 1993
(commonly referred to as the ``Chemical Weapons Convention''), requires that destruction of the entire United States chemical weapons stockpile be completed by not later than April 29, 2007.
(2) In 2006, under the terms of the Chemical Weapons Convention, the United States requested and received a one-time, 5-year extension of its chemical weapons destruction deadline to April 29, 2012.
(3) On April 10, 2006, the Secretary of Defense notified Congress that the United States would not meet even the extended deadline under the Chemical Weapons Convention for destruction of the United States chemical weapons stockpile, but would ``continue working diligently to minimize the time to complete destruction without sacrificing safety and security'' and would also ``continue requesting resources needed to complete destruction as close to April 2012 as practicable''.
(4) Destroying the remaining stockpile of United States chemical weapons is imperative for public safety and homeland security, and doing so by April 2012, in accordance with the current destruction deadline provided under the Chemical Weapons Convention, is required by United States law.
(5) The elimination of chemical weapons anywhere they exist in the world, and the prevention of their proliferation, is of utmost importance to the national security of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain, committed to making every effort to safely dispose of its entire chemical weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as soon thereafter as possible, and must carry out all of its other obligations under the Convention; and
(2) the Secretary of Defense should make every effort to plan for, and to request in the annual budget of the President submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in accordance with United States obligations under the Chemical Weapons Convention and in a manner that will protect public health, safety, and the environment, as required by law.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and every 180 days thereafter until the year in which the United States completes the destruction of its entire stockpile of chemical weapons under the terms of the Chemical Weapons Convention, the Secretary of Defense shall submit to the members and committees of Congress referred to in paragraph (3) a report on the implementation by the United States of its chemical weapons destruction obligations under the Chemical Weapons Convention.
(2) Elements.--Each report under paragraph (1) shall include the following:
(A) The anticipated schedule at the time of such report for the completion of destruction of chemical agents, munitions, and materiel at each chemical weapons demilitarization facility in the United States.
(B) A description of the options and alternatives for accelerating the completion of chemical weapons destruction at each such facility, particularly in time to meet the destruction deadline of April 29, 2012, currently provided by the Chemical Weapons Convention.
(C) A description of the funding required to achieve each of the options for destruction described under subparagraph
(B).
(D) A description of all actions being taken by the United States to accelerate the destruction of its entire stockpile of chemical weapons, agents, and materiel in order to meet the current destruction deadline under the Chemical Weapons Convention of April 29, 2012, or as soon thereafter as possible.
(3) Members and committees of congress.--The members and committees of Congress referred to in this paragraph are--
(A) the majority leader of the Senate, the minority leader of the Senate, and the Committees on Armed Services and Appropriations of the Senate; and
(B) the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the Committees on Armed Services and Appropriations of the House of Representatives.
SEC. 1434. 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.''.
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
SEC. 1501. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $890,786,000.
(2) For missiles, $492,734,000.
(3) For weapons and tracked combat vehicles procurement,
$1,249,177,000.
(4) For ammunition, $303,000,000.
(5) For other procurement, $10,310,055,000.
SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Navy in amounts as follows:
(1) For aircraft procurement, $2,263,018,000.
(2) For weapons procurement, $251,281,000.
(3) For other procurement, $814,311,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for the Marine Corps in the amount of $4,236,140,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for ammunition for the Navy and the Marine Corps in the amount of $590,090,000.
SEC. 1503. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $2,069,009,000.
(2) For ammunition, $74,005,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,163,450,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for Defense-wide in the amount of $593,768,000.
SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $121,653,000.
(2) For the Navy, $370,798,000.
(3) For the Air Force, $922,791,000.
(4) For Defense-wide activities, $535,087,000.
SEC. 1506. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $45,519,264,000.
(2) For the Navy, $5,190,000,000.
(3) For the Marine Corps, $4,013,093,000.
(4) For the Air Force, $10,532,630,000.
(5) For Defense-wide activities, $5,976,216,000.
(6) For the Army Reserve, $158,410,000.
(7) For the Navy Reserve, $69,598,000.
(8) For the Marine Corps Reserve, $68,000,000.
(9) For the Army National Guard, $466,150,000.
(10) For the Air National Guard, $31,168,000.
SEC. 1507. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for military personnel in amounts as follows:
(1) For the Army, $9,140,516,000.
(2) For the Navy, $752,089,000.
(3) For the Marine Corps, $817,475,000.
(4) For the Air Force, $1,411,890,000.
(5) For the Army Reserve, $235,000,000.
(6) For the Navy Reserve, $70,000,000.
(7) For the Marine Corps Reserve, $15,420,000.
(8) For the Air Force Reserve, $3,000,000.
(9) For the Army National Guard, $476,584,000.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $1,022,842,000, for operation and maintenance.
SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $257,618,000.
SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriation.--Funds are hereby authorized for fiscal year 2008 for the Joint Improvised Explosive Device Defeat Fund in the amount of $4,500,000,000.
(b) Use of Funds.--Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop, and provide equipment, supplies, services, training, facilities, personnel, and funds to assist United States forces in the defeat of improvised explosive devices.
(c) Transfer Authority.--
(1) Transfers authorized.--Amounts authorized to be appropriated by subsection (a) may be transferred from the Joint Improvised Explosive Device Defeat Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(2) Additional transfer authority.--The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that all or part of the funds transferred from the Joint Improvised Explosive Device Defeat Fund under paragraph (1) are not necessary for the purpose provided, such funds may be transferred back to the Joint Improvised Explosive Device Defeat Fund.
(4) Effect on authorization amounts.--A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
(d) Notice to Congress.--Funds may not be obligated from the Joint Improvised Explosive Device Defeat Fund, or transferred under the authority provided in subsection
(c)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.
(e) Management Plan.--
(1) Plan required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the intended management and use of the Joint Improvised Explosive Device Defeat Fund.
(2) Matter to be included.--The plan required by paragraph
(1) shall include an update of the plan required in the paragraph under the heading ``Joint Improvised Explosive Device Defeat Fund'' in chapter 2 of title I of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 424), including identification of--
(A) year-to-date transfers and obligations;
(B) projected transfers and obligations through September 30, 2008; and
(C) activities for the coordination of research technology development and concepts of operations on improvised explosive defeat with the military departments, the Defense Agencies, the combatant commands, the Department of Homeland Security, and other appropriate departments and agencies of the Federal Government.
(f) Quarterly Reports.--Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the detail of any obligation or transfer of funds from the Joint Improvised Explosive Device Defeat Fund plan required by subsection (e).
(g) Duration of Authority.--Amounts appropriated to the Joint Improvised Explosive Device Defeat Fund are available for obligation or transfer from the Fund until September 30, 2009.
SEC. 1511. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Security Forces Fund in the amount of $2,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the purpose of allowing the Commander, Multi-National Security Transition Command-Iraq, to provide assistance to the security forces of Iraq.
(2) Types of assistance authorized.--Assistance provided under this section may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding.
(3) Secretary of state concurrence.--Assistance may be provided under this section only with the concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Security Forces Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) Additional authority.--The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that all or part of the funds transferred from the Iraq Security Forces Fund under paragraph (1) are not necessary for the purpose provided, such funds may be transferred back to the Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
(e) Notice to Congress.--Funds may not be obligated from the Iraq Security Forces Fund, or transferred under the authority provided in subsection (d)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to paragraph (2), the Secretary of Defense may accept contributions of amounts to the Iraq Security Forces Fund for the purposes provided in subsection (b) from any person, foreign government, or international organization. Any amounts so accepted shall be credited to the Iraq Security Forces Fund.
(2) Limitation.--The Secretary may not accept a contribution under this subsection if the acceptance of the contribution would compromise or appear to compromise the integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be available for assistance authorized by subsection (b), including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the congressional defense committees in writing upon the acceptance, and upon the transfer under subsection (d), of any contribution under this subsection. Such notice shall specify the source and amount of any amount so accepted and the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the Iraq Security Forces Fund during such fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be appropriated or contributed to the Fund during fiscal year 2008 are available for obligation or transfer from the Iraq Security Forces Fund in accordance with this section until September 30, 2009.
SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Afghanistan Security Forces Fund in the amount of
$2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Commander, Office of Security Cooperation-Afghanistan, to provide assistance to the security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided under this section may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funds.
(3) Secretary of state concurrence.--Assistance may be provided under this section only with the concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Afghanistan Security Forces Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection
(b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all or part of the funds transferred from the Afghanistan Security Forces Fund under paragraph (1) are not necessary for the purpose for which transferred, such funds may be transferred back to the Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--Funds may not be obligated from the Afghanistan Security Forces Fund, or transferred under subsection (d)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to paragraph (2), the Secretary of Defense may accept contributions of amounts to the Afghanistan Security Forces Fund for the purposes provided in subsection (b) from any person, foreign government, or international organization. Any amounts so accepted shall be credited to the Afghanistan Security Forces Fund.
(2) Limitation.--The Secretary may not accept a contribution under this subsection if the acceptance of the contribution would compromise or appear to compromise the integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be available for assistance authorized by subsection (b), including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the congressional defense committees in writing upon the acceptance, and upon the transfer under subsection (d), of any contribution under this subsection. Such notice shall specify the source and amount of any amount so accepted and the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the Afghanistan Security Forces Fund during such fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be appropriated or contributed to the Fund during fiscal year 2008 are available for obligation or transfer from the Afghanistan Security Forces Fund in accordance with this section until September 30, 2009.
SEC. 1513. IRAQ FREEDOM FUND.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Freedom Fund in the amount of $107,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Freedom Fund to any accounts as follows:
(A) Operation and maintenance accounts of the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation accounts of the Department of Defense.
(D) Procurement accounts of the Department of Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) Notice to congress.--A transfer may not be made under the authority in paragraph (1) until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to an account under the authority in paragraph (1) shall be merged with amounts in such account and shall be made available for the same purposes, and subject to the same conditions and limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
SEC. 1514. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for the Defense Working Capital Funds in the amount of $1,676,275,000.
SEC. 1515. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the National Defense Sealift Fund in the amount of $5,100,000.
SEC. 1516. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for the Office of Inspector General of the Department of Defense in the amount of $4,394,000, for Operation and Maintenance. SEC. 1517. REPORTS ON MITIGATION OF EFFECTS OF EXPLOSIVELY
FORMED PROJECTILES AND MINES.
(a) Report on Explosively Formed Projectiles.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, and every 60 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report, in both classified and unclassified forms, on explosively formed projectiles.
(2) Content.--Each report submitted under paragraph (1) shall include the following:
(A) A comprehensive plan of action for improving capabilities to mitigate the effects of explosively formed projectiles (EFPs), including the development of technologies, training programs, tactics, techniques, and procedures, and an estimate of the funding required to execute the plan.
(B) Detailed descriptions of the effectiveness of any fielded EFP mitigation technologies, training programs, tactics, techniques, and procedures, and ways in which they could be improved.
(C) A description of the individual projects that comprise the plan of action.
(D) A schedule for completing and fielding each project.
(E) The contract delivery dates, progress towards completion, and forecast completion date for each project.
(F) A comprehensive description of any deviation from contract terms and an explanation of any cost and schedule variance and how such variance affects fielding deliverables, and a plan for addressing such deviations and variances.
(G) Recommendations for additional authorities, which if provided to the Secretary, would improve the ability of the Department of Defense to rapidly field counter EFP capabilities and protection against the effects of EFPs.
(H) An analysis of any industrial base issues affecting the plan outlined under subparagraph (A).
(I) Mechanisms for sharing counter EFP capabilities with appropriate coalition partners.
(J) The most current available data on the effects of EFPs on United States, coalition, and allied forces in Iraq and Afghanistan.
(b) Report on Mine Resistant Ambush Protected Vehicles.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, and every 30 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on Mine Resistant Ambush Protected (MRAP) vehicles.
(2) Content.--Each report submitted under paragraph (1) shall include the following:
(A) The total requirement of all military services for MRAP vehicles, including MRAP I, spiral upgrades, and MRAP II variants.
(B) A comprehensive plan for transporting and fielding all variants to the United States Central Command (CENTCOM) area of operations.
(C) An assessment of completed production, transportation, and fielding of MRAP vehicles and a forecast of future production, transportation, and fielding functions.
(D) An explanation of any deviation between the planned and actual numbers of vehicles fielded for the reporting period.
(E) Funding required to execute production, transportation, and fielding, and an analysis of any industrial base issues affecting such functions.
(F) The required delivery schedule for each contract to procure MRAP vehicles.
(G) A comprehensive description and explanation of cost and schedule variance, and any deviation from contract terms, how that variance or deviation affects overall program performance, and corrective actions planned to address such variance and deviation.
(H) Recommendations for additional authorities, which if provided to the Secretary, would improve the ability of the Department of Defense to rapidly field MRAP vehicles.
(I) Plans for armor upgrades, and their impact on automotive performance and sustainment.
(J) An explanation of any safety issues or limitations on the vehicles.
(K) Anticipated short and long term sustainment issues, including an explanation of the maintenance concept for sustainment after the initial contractor logistic support period and the projected annual funding required.
(L) A detailed description of MRAP program costs, including research and development, procurement, maintenance, logistics, and end to end transportation costs.
(c) Report on Tactical Wheeled Vehicles Strategy.--
(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 near and long term tactical wheeled vehicle fleet modernization strategies of the Army and Marine Corps.
(2) Content.--The report required under paragraph (1) shall include the following:
(A) A description of the impact of the Mine Resistant Ambush Protected vehicle program on the current acquisition strategies and procurement plans of the Army and Marine Corps for the tactical wheeled vehicle fleet, including inventory mix, overall sustainment cost, and logistical and industrial base issues.
(B) Plans for the Joint Light Tactical Vehicle program, including an assessment of the continued validity of previously adopted Key Performance Parameters.
(C) A science and technology investment strategy, including a description of current technical barriers, near and long term technology objectives, coordination of activities of the various military departments, Defense Agencies, and commercial industry entities, and technology demonstration and transition plans to support the Long Term Armoring Strategy (LTAS).
(D) A strategy to fund and execute sufficient developmental and operational test and evaluation to ensure that deployed systems are operationally effective, including a description of the role of the Director of Operational Test and Evaluation in the development and execution of the Long Term Armoring Strategy.
(E) Plans to utilize the Army reset and recapitalization process to maintain the legacy tactical wheeled vehicle fleet.
(d) Report on Long Term Armoring Strategy.--
(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, in classified and unclassified forms, on the Long Term Armoring Strategy of the Army and Marine Corps.
(2) Content.--The report required under paragraph (1) shall include the following:
(A) An estimate of the funding required to execute the strategy.
(B) Specific plans for balancing force protection, payload, performance, and deployability requirements across the range of wheeled vehicle variants.
(C) A science and technology investment strategy, including a description of current technical barriers, near and long term technology objectives, coordination of activities of the various military departments, Defense Agencies, and commercial industry entities, and technology demonstration and transition plans.
(D) A test and evaluation master plan, including a description of the role of the Director of Operational Test and Evaluation in the development and execution of LTAS.
(E) An analysis of industrial base or manufacturing issues related to achieving sufficient and sustainable production rates.
Subtitle B--General Provisions Relating to Authorizations
SEC. 1521. PURPOSE.
The purpose of this title is to authorize additional appropriations for the Department of Defense for fiscal year 2008 for the incremental costs of Operation Iraqi Freedom and Operation Enduring Freedom.
SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1523. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2008 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
(c) Additional Authority.--The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
Subtitle C--Other Matters
SEC. 1531. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources of Iraq.
SEC. 1532. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Authority.--From funds made available for the Department of Defense by section 1506 for operation and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation for logistical and military support provided by that nation to or in connection with United States military operations in Operation Iraqi Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--
(1) In general.--Reimbursement authorized by subsection (a) may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided.
(2) Standards.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe standards for determining the kinds of logistical and military support to the United States that shall be considered reimbursable under the authority in subsection
(a). Such standards may not take effect until 15 days after the date on which the Secretary submits to the congressional defense committees a report setting forth such standards.
(c) Limitations.--
(1) Limitation on amount.--The total amount of reimbursements made under the authority in subsection (a) during fiscal year 2008 may not exceed $1,200,000,000.
(2) Prohibition on contractual obligations to make payments.--The Secretary of Defense may not enter into any contractual obligation to make a reimbursement under the authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not less than 15 days before making any reimbursement under the authority in subsection (a); and
(2) submit to the congressional defense committees on a quarterly basis a report on any reimbursements made under the authority in subsection (a) during such quarter.
SEC. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING
OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Availability of Funds for Logistical Support.--Subject to the provisions of this section, amounts available to the Department of Defense for fiscal year 2008 for operation and maintenance may be used to provide supplies, services, transportation (including airlift and sealift), and other logistical support to coalition forces supporting United States military and stabilization operations in Iraq and Afghanistan.
(b) Required Determination.--The Secretary may provide logistical support under the authority in subsection (a) only if the Secretary determines that the coalition forces to be provided the logistical support--
(1) are essential to the success of a United States military or stabilization operation; and
(2) would not be able to participate in such operation without the provision of the logistical support.
(c) Coordination With Export Control Laws.--Logistical support may be provided under the authority in subsection (a) only in accordance with applicable provisions of the Arms Export Control Act and other export control laws of the United States.
(d) Limitation on Value.--The total amount of logistical support provided under the authority in subsection (a) in fiscal year 2008 may not exceed $400,000,000.
(e) Quarterly Reports.--
(1) Reports required.--Not later than 15 days after the end of each fiscal-year quarter of fiscal year 2008, the Secretary shall submit to the congressional defense committees a report on the provision of logistical support under the authority in subsection (a) during such fiscal-year quarter.
(2) Elements.--Each report under paragraph (1) shall include, for the fiscal-year quarter covered by such report, the following:
(A) Each nation provided logistical support under the authority in subsection (a).
(B) For each such nation, a description of the type and value of logistical support so provided.
SEC. 1534. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED
TO IRAQ AND AFGHANISTAN.
(a) Competition Requirement.--For the procurement of pistols and other weapons described in subsection (b), the Secretary of Defense shall ensure, consistent with the provisions of section 2304 of title 10, United States Code, that--
(1) full and open competition is obtained to the maximum extent practicable;
(2) no responsible United States manufacturer is excluded from competing for such procurements; and
(3) products manufactured in the United States are not excluded from the competition.
(b) Procurements Covered.--This section applies to the procurement of the following:
(1) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Iraq, the Iraqi Police Forces, and other Iraqi security organizations.
(2) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Afghanistan, the Afghani Police Forces, and other Afghani security organizations.
SEC. 1535. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST
COALITION FORCES IN IRAQ.
(a) Findings.--Congress makes the following findings:
(1) Since January 19, 1984, the Secretary of State has designated the Islamic Republic of Iran as a ``state sponsor of terrorism,'' one of only five countries in the world at present so designated.
(2) The Department of State, in its most recent ``Country Reports on Terrorism,'' stated that ``Iran remained the most active state sponsor of terrorism'' in 2006.
(3) The most recent Country Reports on Terrorism report further stated, ``Iran continued [in 2006] to play a destabilizing role in Iraq. . . Iran provided guidance and training to select Iraqi Shia political groups, and weapons and training to Shia militant groups to enable anti-Coalition attacks. Iranian government forces have been responsible for at least some of the increasing lethality of anti-Coalition attacks by providing Shia militants with the capability to build IEDs with explosively formed projectiles similar to those developed by Iran and Lebanese Hezbollah. The Iranian Revolutionary Guard was linked to armor-piercing explosives that resulted in the deaths of Coalition Forces.''
(4) In an interview published on June 7, 2006, Zalmay Khalilzad, then-United States ambassador to Iraq, said of Iranian support for extremist activity in Iraq, ``We can say with certainty that they support groups that are attacking coalition troops. These groups are using the same ammunition to destroy armored vehicles that the Iranians are supplying to Hezbollah in Lebanon. They pay money to Shiite militias and they train some of the groups. We can't say whether Teheran is supporting Al Qaeda, but we do know that Al Qaeda people come here from Pakistan through Iran. And Ansar al Sunna, a partner organization of Zarqawi's network, has a base in northwest Iran.''
(5) On April 26, 2007, General David Petraeus, commander of Multi-National Force-Iraq, said of Iranian support for extremist activity in Iraq, ``The level of financing, the level of training on Iranian soil, the level of equipping some sophisticated technologies. . . even advice in some cases, has been very, very substantial and very harmful.''
(6) On April 26, 2007, General Petraeus also said of Iranian support for extremist activity in Iraq, ``We know that it goes as high as [Brig. Gen. Qassem] Suleimani, who is the head of the Qods Force. . . . We believe that he works directly for the supreme leader of the country.''
(7) On May 27, 2007, then-Major General William Caldwell, spokesperson for Multi-National Force-Iraq, said, ``What we do know is that the Iranian intelligence services, the Qods Force, is in fact both training, equipping, and funding Shia extremist groups. . . both in Iraq and also in Iran. . . . We have in detention now people that we have captured that, in fact, are Sunni extremist-related that have, in fact, received both some funding and training from the Iranian intelligence services, the Qods Force.''
(8) On February 27, 2007, in testimony before the Committee on Armed Services of the Senate, Lieutenant General Michael Maples, director of the Defense Intelligence Agency, said of Iranian support for extremist activity in Iraq, ``We believe Hezbollah is involved in the training as well.''
(9) On July 2, 2007, Brigadier General Kevin Bergner, spokesperson for Multi-National Force-Iraq, stated, ``The Iranian Qods Force is using Lebanese Hezbollah essentially as a proxy, as a surrogate in Iraq.''
(10) On July 2, 2007, Brigadier General Bergner detailed the capture in southern Iraq by coalition forces of Ali Musa Daqdaq, whom the United States military believes to be a 24-year veteran of Lebanese Hezbollah involved in the training of Iraqi extremists in Iraq and Iran.
(11) The Department of State designates Hezbollah a foreign terrorist organization.
(12) On July 2, 2007, Brigadier General Bergner stated that the Iranian Qods Force operates three camps near Teheran where it trains Iraqi extremists in cooperation with Lebanese Hezbollah, stating, ``The Qods Force, along with Hezbollah instructors, train approximately 20 to 60 Iraqis at a time, sending them back to Iraq organized into these special groups. They are being taught how to use EPFs [explosively formed penetrators], mortars, rockets, as well as intelligence, sniper, and kidnapping operations.''
(13) On July 2, 2007, Brigadier General Bergner stated that Iraqi extremists receive between $750,000 and $3,000,000 every month from Iranian sources.
(14) On July 2, 2007, Brigadier General Bergner stated that
``[o]ur intelligence reveals that senior leadership in Iran is aware of this activity'' and that it would be ``hard to imagine'' that Ayatollah Ali Khamenei, the Supreme Leader of Iran, is unaware of it.
(15) On July 2, 2007, Brigadier General Bergner stated,
``There does not seem to be any follow-through on the commitments that Iran has made to work with Iraq in addressing the destabilizing security issues here in Iraq.''
(16) On February 11, 2007, the United States military held a briefing in Baghdad at which its representatives stated that at least 170 members of the United States Armed Forces have been killed, and at least 620 wounded, by weapons tied to Iran.
(17) On January 20, 2007, a sophisticated attack was launched by insurgents at the Karbala Provincial Joint Coordination Center in Iraq, resulting in the murder of five American soldiers, four of whom were first abducted.
(18) On April 26, 2007, General Petraeus stated that the so-called Qazali network was responsible for the attack on the Karbala Provincial Joint Coordination Center and that
``there's no question that the Qazali network is directly connected to the Iranian Qods force [and has] received money, training, arms, ammunition, and at some points in time even advice and assistance and direction''.
(19) On July 2, 2007, Brigadier General Bergner stated that the United States Armed Forces possesses documentary evidence that the Qods Force had developed detailed information on the United States position at the Karbala Provincial Joint Coordination Center ``regarding our soldiers' activities, shift changes, and defenses, and this information was shared with the attackers''.
(20) On July 2, 2007, Brigadier General Bergner stated of the January 20 Karbala attackers, ``[They] could not have conducted this complex operation without the support and direction of the Qods Force.''
(21) On May 28, 2007, the United States Ambassador to Iraq, Ryan Crocker, met in Baghdad with representatives of the government of the Islamic Republic of Iran to express United States concern about Iranian anti-coalition activity in Iraq;
(22) Section 1213(a) of the fiscal year 2007 John Warner National Defense Authorization Act (Public Law 109-364) required that the intelligence community produce an updated National Intelligence Estimate (NIE) on Iran.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the murder of members of the United States Armed Forces by a foreign government or its agents is an intolerable and unacceptable act against the United States by the foreign government in question; and
(2) the Government of the Islamic Republic of Iran must take immediate action to end any training, arming, equipping, funding, advising, and any other forms of support that it or its agents are providing, and have provided, to Iraqi militias and insurgents, who are contributing to the destabilization of Iraq and are responsible for the murder of members of the United States Armed Forces.
(3) It is imperative for the executive and legislative branches of the Federal government to have accurate intelligence on Iran and therefore the intelligence community should produce the NIE on Iran without further delay;
(4) Congress supports United States diplomacy with the representatives of the government of Islamic Republic of Iran in order to stop any actions by the Iranian government or its agents against United States service members in Iraq;
(c) Report.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, and every 60 days thereafter, the Commander, Multi-National Forces Iraq and the United States Ambassador to Iraq in coordination with the Director of National Intelligence shall jointly submit to Congress a report describing and assessing in detail--
(A) any external support or direction provided to anti-coalition forces by the Government of the Islamic Republic of Iran or its agents;
(B) the strategy and ambitions in Iraq of the Government of the Islamic Republic of Iran; and
(C) any counter-strategy or efforts by the United States Government to counter the activities of agents of the Government of the Islamic Republic of Iran in Iraq.
(2) Form.--Each report required under paragraph (1) shall be in unclassified form to the extent practical consistent with the need to protect national security, but may contain a classified annex.
(d) Nothing in this section shall be construed to authorize or otherwise speak to the use of Armed Forces against Iran.
SEC. 1536. SENSE OF THE SENATE ON THE CONSEQUENCES OF A
FAILED STATE IN IRAQ.
(a) Findings.--The Senate makes the following findings:
(1) A failed state in Iraq would become a safe haven for Islamic radicals, including al Qaeda and Hezbollah, who are determined to attack the United States and United States allies.
(2) The Iraq Study Group report found that ``[a] chaotic Iraq could provide a still stronger base of operations for terrorists who seek to act regionally or even globally''.
(3) The Iraq Study Group noted that ``Al Qaeda will portray any failure by the United States in Iraq as a significant victory that will be featured prominently as they recruit for their cause in the region and around the world''.
(4) A National Intelligence Estimate concluded that the consequences of a premature withdrawal from Iraq would be that--
(A) Al Qaeda would attempt to use Anbar province to plan further attacks outside of Iraq;
(B) neighboring countries would consider actively intervening in Iraq; and
(C) sectarian violence would significantly increase in Iraq, accompanied by massive civilian casualties and displacement.
(5) The Iraq Study Group found that ``a premature American departure from Iraq would almost certainly produce greater sectarian violence and further deterioration of conditions. .
. . The near-term results would be a significant power vacuum, greater human suffering, regional destabilization, and a threat to the global economy. Al Qaeda would depict our withdrawal as a historic victory.''
(6) A failed state in Iraq could lead to broader regional conflict, possibly involving Syria, Iran, Saudi Arabia, and Turkey.
(7) The Iraq Study group noted that ``Turkey could send troops into northern Iraq to prevent Kurdistan from declaring independence''.
(8) The Iraq Study Group noted that ``Iran could send troops to restore stability in southern Iraq and perhaps gain control of oil fields. The regional influence of Iran could rise at a time when that country is on a path to producing nuclear weapons.''
(9) A failed state in Iraq would lead to massive humanitarian suffering, including widespread ethnic cleansing and countless refugees and internally displaced persons, many of whom will be tortured and killed for having assisted Coalition forces.
(10) A recent editorial in the New York Times stated,
``Americans must be clear that Iraq, and the region around it, could be even bloodier and more chaotic after Americans leave. There could be reprisals against those who worked with American forces, further ethnic cleansing, even genocide. Potentially destabilizing refugee flows could hit Jordan and Syria. Iran and Turkey could be tempted to make power grabs.''
(11) The Iraq Study Group found that ``[i]f we leave and Iraq descends into chaos, the long-range consequences could eventually require the United States to return''.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Senate should commit itself to a strategy that will not leave a failed state in Iraq; and
(2) the Senate should not pass legislation that will undermine our military's ability to prevent a failed state in Iraq.
SEC. 1537. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.
(a) Findings.--Congress makes the following findings:
(1) Iraq continues to experience a self-sustaining cycle of sectarian violence.
(2) The ongoing sectarian violence presents a threat to regional and world peace, and the long-term security interests of the United States are best served by an Iraq that is stable, not a haven for terrorists, and not a threat to its neighbors.
(3) A central focus of al Qaeda in Iraq has been to turn sectarian divisions in Iraq into sectarian violence through a concentrated series of attacks, the most significant being the destruction of the Golden Dome of the Shia al-Askariyah Mosque in Samarra in February 2006.
(4) Iraqis must reach a comprehensive and sustainable political settlement in order to achieve stability, and the failure of the Iraqis to reach such a settlement is a primary cause of violence in Iraq.
(5) Article One of the Constitution of Iraq declares Iraq to be a ``single, independent federal state''.
(6) Section Five of the Constitution of Iraq declares that the ``federal system in the Republic of Iraq is made up of a decentralized capital, regions, and governorates, and local administrations'' and enumerates the expansive powers of regions and the limited powers of the central government and establishes the mechanisms for the creation of new federal regions.
(7) The federal system created by the Constitution of Iraq would give Iraqis local control over their police and certain laws, including those related to employment, education, religion, and marriage.
(8) The Constitution of Iraq recognizes the administrative role of the Kurdistan Regional Government in 3 northern Iraqi provinces, known also as the Kurdistan Region.
(9) The Kurdistan region, recognized by the Constitution of Iraq, is largely stable and peaceful.
(10) The Iraqi Parliament approved a federalism law on October 11th, 2006, which establishes procedures for the creation of new federal regions and will go into effect 18 months after approval.
(11) Iraqis recognize Baghdad as the capital of Iraq, and the Constitution of Iraq stipulates that Baghdad may not merge with any federal region.
(12) Despite their differences, Iraq's sectarian and ethnic groups support the unity and territorial integrity of Iraq.
(13) Iraqi Prime Minister Nouri al-Maliki stated on November 27, 2006, ``[t]he crisis is political, and the ones who can stop the cycle of aggravation and bloodletting of innocents are the politicians''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should actively 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;
(2) the active support referred to in paragraph (1) 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;
(B) further calling on Iraq's neighbors to pledge not to intervene in or destabilize Iraq and to agree to related verification mechanisms; and
(C) 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;
(3) 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 based upon federalism;
(4) the steps described in paragraphs (1), (2), and (3) could lead to an Iraq that is stable, not a haven for terrorists, and not a threat to its neighbors; and
(5) nothing in this Act should be construed in any way to infringe on the sovereign rights of the nation of Iraq.
SEC. 1538. SENSE OF SENATE ON IRAN.
(a) Findings.--The Senate makes the following findings:
(1) General David Petraeus, commander of the Multi-National Force Iraq, stated in testimony before a joint session of the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on September 10, 2007, that ``[i]t is increasingly apparent to both coalition and Iraqi leaders that Iran, through the use of the Iranian Republican Guard Corps Qods Force, seeks to turn the Shi'a militia extremists into a Hezbollah-like force to serve its interests and fight a proxy war against the Iraqi state and coalition forces in Iraq''.
(2) Ambassador Ryan Crocker, United States Ambassador to Iraq, stated in testimony before a joint session of the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on September 10, 2007, that ``Iran plays a harmful role in Iraq. While claiming to support Iraq in its transition, Iran has actively undermined it by providing lethal capabilities to the enemies of the Iraqi state''.
(3) The most recent National Intelligence Estimate on Iraq, published in August 2007, states that ``Iran has been intensifying aspects of its lethal support for select groups of Iraqi Shia militants, particularly the JAM [Jaysh al-Mahdi], since at least the beginning of 2006. Explosively formed penetrator (EFP) attacks have risen dramatically''.
(4) The Report of the Independent Commission on the Security Forces of Iraq, released on September 6, 2007, states that ``[t]he Commission concludes that the evidence of Iran's increasing activism in the southeastern part of the country, including Basra and Diyala provinces, is compelling.
. . It is an accepted fact that most of the sophisticated weapons being used to `defeat' our armor protection comes across the border from Iran with relative impunity''.
(5) General (Ret.) James Jones, chairman of the Independent Commission on the Security Forces of Iraq, stated in testimony before the Committee on Armed Services of the Senate on September 6, 2007, that
``[w]e judge that the goings-on across the Iranian border in particular are of extreme severity and have the potential of at least delaying our efforts inside the country. Many of the arms and weapons that kill and maim our soldiers are coming from across the Iranian border''.
(6) Ambassador Crocker further testified before Congress on September 11, 2007, with respect to talks with Iran, That ``I think that it's an option that we want to preserve. Our first couple of rounds did not produce anything. I don't think that we should either, therefore, be in a big hurry to have another round, nor do I think we should say we're not going to talk anymore. . . I do believe it's important to keep the option for further discussions on the table.''
(7) Secretary of Defense Robert Gates stated on September 16, 2007, That ``I think that the administration believes at this point that continuing to try and deal with the Iranian threat, the Iranian challenge, through diplomatic and economic means is by far the preferable approach. That's the one we are using . . . we always say all options are on the table, but clearly, the diplomatic and economic approach is the one that we are pursuing.''
(8) General Petraeus said of Iranian support for extremist activity in Iraq on April 26, 2007, that ``[w]e know that it goes as high as [Brig. Gen. Qassem] Suleimani, who is the head of the Qods Force. . . We believe that he works directly for the supreme leader of the country''.
(9) Mahmoud Ahmedinejad, the president of Iran, stated on August 28, 2007, with respect to the United States presence in Iraq, that ``[t]he political power of the occupiers is collapsing rapidly. Soon we will see a huge power vacuum in the region. Of course we are prepared to fill the gap''.
(10) Ambassador Crocker testified to Congress, with respect to President Ahmedinejad's statement, on September 11, 2007, that ``[t]he Iranian involvement in Iraq--its support for extremist militias, training, connections to Lebanese Hezbollah, provision of munitions that are used against our force as well as the Iraqis--are all, in my view, a pretty clear demonstration that Ahmedinejad means what he says, and is already trying to implement it to the best of his ability''.
(11) General Petraeus stated on September 12, 2007, with respect to evidence of the complicity of Iran in the murder of members of the Armed Forces of the United States in Iraq, that ``[t]e evidence is very, very clear. We captured it when we captured Qais Khazali, the Lebanese Hezbollah deputy commander, and others, and it's in black and white. . . We interrogated these individuals. We have on tape. . . Qais Khazali himself. When asked, could you have done what you have done without Iranian support, he literally throws up his hands and laughs and says, of course not. . . So they told us about the amounts of money that they have received. They told us about the training that they received. They told us about the ammunition and sophisticated weaponry and all of that that they received''.
(12) General Petraeus further stated on September 14, 2007, that ``[w]hat we have got is evidence. This is not intelligence. This is evidence, off computers that we captured, documents and so forth. . . In one case, a 22-page document that lays out the planning, reconnaissance, rehearsal, conduct, and aftermath of the operation conducted that resulted in the death of five of our soldiers in Karbala back in January''.
(13) The Department of Defense report to Congress entitled
``Measuring Stability and Security in Iraq'' and released on September 18, 2007, consistent with section 9010 of Public Law 109-289, states that ``[t]here has been no decrease in Iranian training and funding of illegal Shi'a militias in Iraq that attack Iraqi and Coalition forces and civilians. .
. Tehran's support for these groups is one of the greatest impediments to progress on reconciliation''.
(14) The Department of Defense report further states, with respect to Iranian support for Shi'a extremist groups in Iraq, that ``[m]ost of the explosives and ammunition used by these groups are provided by the Iranian Islamic Revolutionary Guard Corps-Qods Force. . . For the period of June through the end of August, [explosively formed penetrator] events are projected to rise by 39 percent over the period of March through May''.
(15) Since May 2007, Ambassador Crocker has held three rounds of talks in Baghdad on Iraq security with representatives of the Government of the Islamic Republic of Iran.
(16) Ambassador Crocker testified before Congress on September 10, 2007, with respect to these talks, stating that
``I laid out the concerns we had over Iranian activity that was damaging to Iraq's security, but found no readiness on Iranians' side at all to engage seriously on these issues. The impression I came with after a couple rounds is that the Iranians were interested simply in the appearance of discussions, of being seen to be at the table with the U.S. as an arbiter of Iraq's present and future, rather than actually doing serious business. . . Right now, I haven't seen any sign of earnest or seriousness on the Iranian side''.
(17) Ambassador Crocker testified before Congress on September 11, 2007, stating that ``[w]e have seen nothing on the ground that would suggest that the Iranians are altering what they're doing in support of extremist elements that are going after our forces as well as the Iraqis''.
(b) Sense of Senate.--It is the sense of the Senate--
(1) that 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 capability of the Government of the Islamic Republic 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) that it is a critical national interest of the United States to prevent the Government of the Islamic Republic of Iran from turning Shi'a militia extremists in Iraq into a Hezbollah-like force that could serve its interests inside Iraq, including by overwhelming, subverting, or co-opting institutions of the legitimate Government of Iraq;
(3) that 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 and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act and initiated under Executive Order 13224; and
(4) that the Department of the Treasury should act with all possible expediency to complete the listing of those entities targeted under United Nations Security Council Resolutions 1737 and 1747 adopted unanimously on December 23, 2006 and March 24, 2007, respectively.
SEC. 1539. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND
CONTRACTING PROCESSES IN OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Commission on Wartime Contracting.--
(1) Establishment.--There is hereby established a commission to be known as the ``Commission on Wartime Contracting'' (in this subsection referred to as the
``Commission'').
(2) Membership matters.--
(A) Membership.--The Commission shall be composed of 8 members, as follows:
(i) 2 members shall be appointed by the Majority Leader of the Senate, in consultation with the Chairmen of the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
(ii) 2 members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairmen of the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
(iii) 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 and the Committee on Homeland Security and Governmental Affairs of the Senate.
(iv) 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 and the Committee on Oversight and Government Reform of the House of Representatives.
(v) 1 member shall be appointed by the Secretary of Defense.
(vi) 1 member shall be appointed by the Secretary of State.
(B) Deadline for appointments.--All appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act.
(C) Chairman and vice chairman.--
(i) Chairman.--The chairman of the Commission shall be a member of the Commission selected by the members appointed under clauses (i) and (ii) of subparagraph (A), but only if approved by the vote of a majority of the members of the Commission.
(ii) Vice chairman.--The vice chairman of the Commission shall be a member of the Commission selected by the members appointed under clauses (iii) and (iv) of subparagraph (A), but only if approved by the vote of a majority of the members of the Commission.
(D) Vacancy.--In the event of a vacancy in the Commission, the individual appointed to fill the membership shall be of the same political party as the individual vacating the membership.
(3) Duties.--
(A) General duties.--The Commission shall study and investigate the following matters:
(i) Federal agency contracting for the reconstruction of Iraq and Afghanistan.
(ii) Federal agency contracting for the logistical support of coalition forces in Operation Iraqi Freedom and Operation Enduring Freedom.
(iii) Federal agency contracting for the performance of security and intelligence functions in Operation Iraqi Freedom and Operation Enduring Freedom.
(B) Scope of contracting covered.--The Federal agency contracting covered by this paragraph includes contracts entered into both in the United States and abroad for the performance of activities described in subparagraph (A), whether performed in the United States or abroad.
(C) Particular duties.--In carrying out the study under this paragraph, the Commission shall assess--
(i) the extent and impact of the reliance of the Federal Government on contractors to perform functions (including security, intelligence, and management functions) in Operation Iraqi Freedom and Operation Enduring Freedom;
(ii) the performance of the contracts under review, and the mechanisms used to manage the performance of the contracts under review;
(iii) the extent of waste, fraud, abuse, or mismanagement under such contracts;
(iv) the extent to which those responsible for such waste, fraud, abuse, or mismanagement have been held financially or legally accountable;
(v) the appropriateness of the organizational structure, policies, practices, and resources of the Department of Defense and the Department of State for handling contingency contract management and support; and
(vi) the extent of the misuse of force and violations of the laws of war or Federal law by contractors.
(4) Reports.--
(A) Interim report.--On January 15, 2009, the Commission shall submit to Congress an interim report on the study carried out under paragraph (3), including the results and findings of the study as of that date.
(B) Other reports.--The Commission may from time to time submit to Congress such other reports on the study carried out under paragraph (3) as the Commission considers appropriate.
(C) Final report.--Not later than two years after the date of the appointment of all of the members of the Commission under paragraph (2), the Commission shall submit to Congress a report on the study carried out under paragraph (3). The report shall--
(i) include the findings of the Commission;
(ii) identify lessons learned on the contracting covered by the study; and
(iii) include specific recommendations for improvements to be made in--
(I) the process for developing contract requirements for wartime contracts and contracts for contingency operations;
(II) the process for awarding contracts and task orders for wartime contracts and contracts for contingency operations;
(III) the process for managing and providing oversight for the performance of wartime contracts and contracts for contingency operations;
(IV) the process for holding contractors and their employees accountable for waste, fraud, abuse, or mismanagement under wartime contracts and contracts for contingency operations;
(V) the process for determining which functions are inherently governmental and which functions are appropriate for performance by contractors in an area of combat operations (including an area of a contingency operation), including a determination whether the use of civilian contractors to provide security in an area of combat operations is a function that is inherently governmental;
(VI) the organizational structure, resources, policies, and practices of the Department of Defense and the Department of State handling contract management and support for wartime contracts and contracts for contingency operations; and
(VII) the process by which roles and responsibilities with respect to wartime contracts and contracts for contingency operations are distributed among the various departments and agencies of the Federal Government, and interagency coordination and communication mechanisms associated with wartime contracts and contracts for contingency operations.
(5) Other powers and authorities.--
(A) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this subsection--
(i) 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
(ii) 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 designated subcommittee or designated member may determine advisable.
(B) 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.
(C) 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 subsection. Upon request of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission. Whenever information or assistance requested by the Commission is unreasonably refused or not provided, the Commission shall report the circumstances to Congress without delay.
(D) 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 subsection.
(E) 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.
(F) 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.
(G) Violations of law.--
(i) 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 subsection.
(ii) 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.
(6) Termination.--The Commission shall terminate on the date that is 60 days after the date of the submittal of its final report under paragraph (4)(C).
(7) Contingency operation defined.--In this subsection, the term ``contingency operation'' has the meaning given that term in section 101 of title 10, United States Code.
(b) Investigation of Waste, Fraud, Abuse, and Mismanagement.--
(1) In general.--The Special Inspector General for Iraq Reconstruction shall, in collaboration with 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, conduct a series of audits to identify potential waste, fraud, abuse, or mismanagement in the performance of--
(A) Department of Defense contracts and subcontracts for the logistical support of coalition forces in Operation Iraqi Freedom and Operation Enduring Freedom; and
(B) Federal agency contracts and subcontracts for the performance of security and reconstruction functions in Operation Iraqi Freedom and Operation Enduring Freedom.
(2) Scope of audits of contracts.--Each audit conducted pursuant to paragraph (1)(A) shall focus on a specific contract, task order, or site of performance under a contract or task order and shall examine, at a minimum, one or more of the following issues:
(A) The manner in which requirements were developed.
(B) The procedures under which the contract or task order was awarded.
(C) The terms and conditions of the contract or task order.
(D) The contractor's staffing and method of performance, including cost controls.
(E) The efficacy of Department of Defense management and oversight, Department of State management and oversight, and United States Agency for International Development management and oversight, including the adequacy of staffing and training of officials responsible for such management and oversight.
(F) The flow of information from the contractor to officials responsible for contract management and oversight.
(3) Scope of audits of other contracts.--Each audit conducted pursuant to paragraph (1)(B) shall focus on a specific contract, task order, or site of performance under a contract or task order and shall examine, at a minimum, one or more of the following issues:
(A) The manner in which the requirements were developed and the contract or task order was awarded.
(B) The manner in which the Federal agency exercised control over the contractor's performance.
(C) The extent to which operational field commanders are able to coordinate or direct the contractor's performance in an area of combat operations.
(D) The extent to which the functions performed were appropriate for performance by a contractor.
(E) The degree to which contractor employees were properly screened, selected, trained, and equipped for the functions to be performed.
(F) The nature and extent of any incidents of misconduct or unlawful activity by contractor employees.
(G) The extent to which any incidents of misconduct or unlawful activity were reported, documented, investigated, and (where appropriate) prosecuted.
(4) Continuation of special inspector general.--
(A) In general.--Notwithstanding section 3001(o) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 5 U.S.C. App. 8G note), the Office of the Special Inspector General for Iraq Reconstruction shall not terminate until the date that is 60 days after the date of the submittal under paragraph (4)(C) of subsection (a) of the final report of the Commission on Wartime Contracting established by subsection (a).
(B) Reaffirmation of certain duties and responsibilities.--Congress reaffirms that the Special Inspector General for Iraq Reconstruction retains the duties and responsibilities in sections 4 of the Inspector General Act of 1978 (5 U.S.C. App. 4; relating to reports of criminal violations to the Attorney General) and section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as expressly provided in subsections (f)(3) and (i)(3), respectively, of section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004.
(c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be required to carry out the provisions of this section.
SEC. 1540. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.
(a) Termination Date.--Subsection (o)(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. 1238; 5 U.S.C. App., note to section 8G of Public Law 95-452), as amended by section 1054(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of the Iraq Reconstruction Accountability Act of 2006 (Public Law 109-440), and section 3801 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147) is amended to read as follows:
``(1) The Office of the Inspector General shall terminate 90 days after the balance of funds appropriated or otherwise made available for the reconstruction of Iraq is less than
$250,000,000.''.
(b) Jurisdiction Over Reconstruction Funds.--Such section is further amended by adding at the end the following new subsection:
``(p) Rule of Construction.--For purposes of carrying out the duties of the Special Inspector General for Iraq Reconstruction, any United States funds appropriated or otherwise made available for fiscal years 2006 through 2008 for the reconstruction of Iraq, irrespective of the designation of such funds, shall be deemed to be amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund.''.
(c) Hiring Authority.--Subsection (h)(1) of such section is amended 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)''.
SEC. 1541. 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, in coordination with the Secretary of State and the Secretary of Defense, 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.--Notwithstanding any other provision of law, no defense articles may be provided to the Government of Iraq or any other group, organization, citizen, or resident of Iraq until the Secretary of State certifies 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 section shall include--
(1) the registration of the serial numbers of all small arms provided to the Government of Iraq or to other groups, organizations, citizens, or residents of Iraq;
(2) a program of enhanced 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 in Iraq.
(d) Review.--The President shall periodically review the items subject to the registration and monitoring requirements under subsection (c) to determine what items, if any, no longer warrant export controls under such subsection. The results of such reviews shall be reported to the Speaker of the House of Representatives and to the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate. The President may not exempt any item from such requirements until 30 days after the date on which the President has provided notice of the proposed removal to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations and the Committee on Armed Services of the Senate 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). Such notice shall describe the nature of any controls to be imposed on that item under any other provision of law.
(e) Definitions.--In this section:
(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.
(f) Effective Date.--This section shall take effect 90 days after the date of the enactment of this Act, unless the President certifies in writing to Congress that it is in the vital interest of the United States to delay the effective date of this section by an additional period of up to 90 days, including an explanation of such vital interest, in which case the section shall take effect on such later effective date.
SEC. 1542. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION.
(a) Findings.--Congress makes the following findings:
(1) A democratic, stable, and prosperous Afghanistan is vital to the national security of the United States and to combating international terrorism.
(2) Since the fall of the Taliban, the United States has provided Afghanistan with over $20,000,000,000 in reconstruction and security assistance. However, repeated and documented incidents of waste, fraud, and abuse in the utilization of these funds have undermined reconstruction efforts.
(3) There is a stronger need for vigorous oversight of spending by the United States on reconstruction programs and projects in Afghanistan.
(4) The Government Accountability Office (GAO) and departmental Inspectors General provide valuable information on such activities.
(5) The congressional oversight process requires more timely reporting of reconstruction activities in Afghanistan that encompasses the efforts of the Department of State, the Department of Defense, and the United States Agency for International Development and highlights specific acts of waste, fraud, and abuse.
(6) One example of such successful reporting is provided by the Special Inspector General for Iraq Reconstruction
(SIGIR), which has met this objective in the case of Iraq.
(7) The establishment of a Special Inspector General for Afghanistan Reconstruction (SIGAR) position using SIGIR as a model will help achieve this objective in Afghanistan. This position will help Congress and the American people to better understand the challenges facing United States programs and projects in that crucial country.
(8) It is a priority for Congress to establish a Special Inspector General for Afghanistan position with similar responsibilities and duties as the Special Inspector General for Iraq Reconstruction. This new position will monitor United States assistance to Afghanistan in the civilian and security sectors, undertaking efforts similar to those of the Special Inspector General for Iraq Reconstruction.
(b) Office of Inspector General.--There is hereby established the Office of the Special Inspector General for Afghanistan Reconstruction.
(c) Appointment of Inspector General; Removal.--
(1) 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 nomination of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act.
(4) 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.).
(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) 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.
(d) 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 from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
(e) 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 appropriated funds by the United States Government, and of the programs, operations, and contracts carried out utilizing such funds in Afghanistan in order to prevent and detect waste, fraud, and abuse, 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 the departments, agencies, and entities of the United States Government, 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 funds;
(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 the efficient utilization of funds for economic reconstruction, social and political development, and security assistance; 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, and 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 State.
(B) The Inspector General of the Department of Defense.
(C) The Inspector General of the United States Agency for International Development.
(f) Powers and Authorities.--
(1) Authorities under inspector general act of 1978.--In carrying out the duties specified in subsection (e), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978.
(2) Audit standards.--The Inspector General shall carry out the duties specified in subsection (e)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978.
(g) 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 shall provide the Inspector General with appropriate and adequate office space at appropriate United States Government locations 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. The Secretary of State shall not charge the Inspector General or employees of the Office of the Inspector General for Afghanistan Reconstruction for International Cooperative Administrative Support Services.
(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 Defense and the Secretary of State and the appropriate committees of Congress without delay.
(h) 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, including a summary of lessons learned, and summarizing 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 of the United States Government associated with reconstruction and rehabilitation activities in Afghanistan, including the following information:
(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 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 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 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 United States Government entity or entities involved in the contract or grant identified, and solicited offers from, potential contractors or grantees to perform the contract or grant, together with a list of the potential contractors or grantees that were issued solicitations for the offers;
(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; and
(v) a description of any previous instances of wasteful and fraudulent activities in Afghanistan by current or potential contractors, subcontractors, or grantees and whether and how they were held accountable.
(G) A description of any potential unethical or illegal actions taken by Federal employees, contractors, or affiliated entities in the course of reconstruction efforts.
(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 the United States Government 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) Semiannual report.--Not later than December 31, 2007, and semiannually thereafter, the Inspector General shall submit to the appropriate congressional committees a report meeting the requirements of section 5 of the Inspector General Act of 1978.
(4) Public transparency.--The Inspector General shall post each report required under this subsection on a public and searchable website not later than 7 days after the Inspector General submits the report to the appropriate congressional committees.
(5) Languages.--The Inspector General shall publish on a publicly available Internet website each report under this subsection in English and other languages that the Inspector General determines are widely used and understood in Afghanistan.
(6) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex as the Inspector General determines necessary.
(7) Limitation on public disclosure of certain information.--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.
(i) Waiver.--
(1) Authority.--The President may waive the requirement under paragraph (1) or (3) of subsection (h) for the inclusion in a report under such paragraph of any element otherwise provided for under such paragraph if the President determines that the waiver is justified for national security reasons.
(2) Notice of waiver.--The President shall publish a notice of each waiver made under this subsection in the Federal Register not later than the date on which the report required under paragraph (1) or (3) of subsection (h) is submitted to the appropriate congressional committees. The report shall specify whether waivers under this subsection were made and with respect to which elements.
(j) 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;
(ii) to the program to assist the people of Afghanistan established under section 1202(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455); and
(iii) to the Department of Defense for assistance for the reconstruction of Afghanistan under any other provision of law; and
(B) amounts appropriated or otherwise made available for any fiscal year for Afghanistan reconstruction under the following headings or for the following purposes:
(i) Operating Expenses of the United States Agency for International Development.
(ii) Economic Support Fund.
(iii) International Narcotics Control and Law Enforcement.
(iv) International Affairs Technical Assistance.
(v) Peacekeeping Operations.
(vi) Diplomatic and Consular Programs.
(vii) Embassy Security, Construction, and Maintenance.
(viii) Child Survival and Health.
(ix) Development Assistance.
(x) International Military Education and Training.
(xi) Nonproliferation, Anti-terrorism, Demining and Related Programs.
(xii) Public Law 480 Title II Grants.
(xiii) International Disaster and Famine Assistance.
(xiv) Migration and Refugee Assistance.
(xv) Operations of the Drug Enforcement Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs of the Senate; and
(B) the Committees on Appropriations, Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives.
(3) Executive agency.--The term ``executive agency'' has the meaning given the term in section 105 of title 5, United States Code.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2008 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by section 1512 for the Afghanistan Security Forces Fund is hereby reduced by $20,000,000.
(l) Termination.--
(1) In general.--The Office of the Special Inspector General for Afghanistan Reconstruction shall terminate on September 30, 2010, with transition operations authorized to continue until December 31, 2010.
(2) Final accountability 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 accountability report on all referrals for the investigation of any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities made to the Department of Justice or any other United States law enforcement entity to ensure further investigations, prosecutions, or remedies.
SEC. 1543. IMPROVISED EXPLOSIVE DEVICE PROTECTION FOR
MILITARY VEHICLES.
Procurement of Additional Mine Resistant Ambush Protected Vehicles.--
(1) Additional amount for army other procurement.--The amount authorized to be appropriated by section 1501(5) for other procurement for the Army is hereby increased by
$23,600,000,000.
(2) Availability for procurement of additional mrap vehicles.--Of the amount authorized to be appropriated by section 1501(5) for other procurement for the Army, as increased by paragraph (1), $23,600,000,000 may be available for the procurement of 15,200 Mine Resistant Ambush Protected
(MRAP) Vehicles.
SEC. 1544. SENSE OF CONGRESS ON THE CAPTURE OF OSAMA BIN
LADEN AND THE AL QAEDA LEADERSHIP.
It is the Sense of Congress that it should be the policy of the United States Government that the foremost objective of United States counterterrorist operations is to protect United States persons and property from terrorist attacks by capturing or killing Osama bin Laden, Ayman al-Zawahiri, and other leaders of al Qaeda and destroying the al Qaeda network.
Subtitle D--Iraq Refugee Crisis
SEC. 1571. SHORT TITLE.
This subtitle may be cited as the ``Refugee Crisis in Iraq Act''.
SEC. 1572. 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 1573 may apply and interview for admission to the United States as refugees; and
(2) aliens described in section 1574(b) may apply and interview for admission to United States as special immigrants.
(b) Suspension.--The Secretary of State, in consultation with the Secretary of Homeland Security, may suspend in-country processing for a period not to exceed 90 days. Such suspension may be extended by the Secretary of State upon notification to the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives. The Secretary of State shall submit a report to the Committees of jurisdiction outlining the basis of such suspension and any extensions.
(c) Report.--
(1) In General.--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 a report that contains the plans and assessment described in paragraph (2) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(2) Contents.--The report submitted under paragraph (1) shall--
(A) describe the Secretary's plans to establish the processing mechanisms described in subsection (a);
(B) contain an assessment of in-country processing that makes use of videoconferencing; and
(C) describe the Secretary of State's diplomatic efforts to improve issuance of entry and exit visas or permits to United States personnel and refugees.
SEC. 1573. 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, or worked for the United States Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the Secretary of State in coordination with the Secretary of Homeland Security 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 States Government funding through an official and documented contract, award, grant, or cooperative agreement; and
(3) spouses, children, and parents who are not accompanying or following to join and sons, daughters, and siblings of aliens described in paragraph (1) or section 1574(b)(1); and
(4) Iraqis who are members of a religious or minority community, have been identified by the Department of State with the concurrence of the Department of Homeland Security 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 and the Secretary of Homeland Security are authorized to identify other Priority 2 groups in Iraq.
(c) Ineligible Organizations and Entities.--Organizations and entities described in section 1573 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 Department of State and relevant intelligence agencies.
(d) Aliens under this section who qualify for Priority 2 processing must meet the requirements of section 207 of the Immigration and Nationality Act.
SEC. 1574. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Subject to subsection (c)(1) and notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 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 such Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits to the Secretary a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(6)(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
(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 national of Iraq;
(B) was or is employed by, or worked for the United States Government in Iraq, in or after 2003, for a period of not less than 1 year;
(C) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation from the employee's senior supervisor. Such evaluation or recommendation must be accompanied by approval from the Chief of Mission or his designee who shall conduct a risk assessment of the alien and an independent review of records maintained by the hiring organization or entity to confirm employment and faithful and valuable service prior to approval of a petition under this section; and
(D) has experienced or is experiencing an ongoing serious threat as a consequence of their employment by the United States Government.
(2) Spouses and Children.--An alien is described in this subsection if the alien is--
(A) 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 shall also fall within subsection (b) of section 1574 of this Act, if--
(1) the alien was the spouse or child of a principal alien who had an approved petition with the Secretary of Homeland Security or the Secretary of State pursuant to section 1574 of this Act or section 1059 of the National Defense Authorization Act for the Fiscal Year 2006, Public Law 109-163, as amended by Public Law 110-36, which included the alien as an accompanying spouse or child; and
(2) due to the death of the petitioning alien, such petition was revoked or terminated (or otherwise rendered null) after its approval.
(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 5 fiscal years beginning after the date of the enactment of this Act. The authority provided by subsection (a) of this section shall expire on September 30 of the fiscal year that is the fifth fiscal year beginning after the date of 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 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.--If the numerical limitation under paragraph (1) is not reached during a given fiscal year, the numerical limitation under paragraph for the following fiscal year shall be increased by a number equal to the difference between--
(A) the number of visas authorized under paragraph (1) for the given fiscal year; and
(B) the number of principal aliens provided special immigrant status under this section during the given 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 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) Definitions.--The terms defined in this Act shall have the same meaning as those terms in the Immigration and Nationality Act.
(g) Savings Provision.--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 (Public Law 109-163).
SEC. 1575. MINISTER COUNSELORS FOR IRAQI REFUGEES AND
INTERNALLY DISPLACED PERSONS.
(a) In General.--The Secretary of State shall establish in the embassy of the United States located in Baghdad, Iraq, a Minister Counselor for Iraqi Refugees and Internally Displaced Persons (referred to in this section as the
``Minister Counselor for Iraq'').
(b) Duties.--The Minister Counselor for Iraq shall be responsible for the oversight of processing for resettlement of persons considered Priority 2 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 Minister Counselor for Iraq shall have the authority to refer persons to the United States refugee resettlement program.
(c) Designation of Minister Counselors.--The Secretary of State shall designate in the embassies of the United States located in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister Counselor to oversee resettlement to the United States of persons considered Priority 2 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. 1576. COUNTRIES WITH SIGNIFICANT POPULATIONS OF
DISPLACED IRAQIS.
(a) In General.--With respect to each country with a significant population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of State shall--
(1) as appropriate, consult with other countries 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 displaced Iraqis to ensure the well-being and safety of such populations in their host environments.
(b) Numerical Limitations.--In determining the number of Iraqi refugees who should be resettled in the United States under sections (a) and (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the President shall consult nongovernmental organizations that have a presence in Iraq or experience in assessing the problems faced by Iraqi refugees.
(c) 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 classification as a special immigrant.
SEC. 1577. DENIAL OR TERMINATION OF ASYLUM.
(a) Motion to Reopen.--Section 208(b) of the Immigration and Nationality Act is amended by adding at the end the following:
``(4) Changed Country Conditions.--An applicant for asylum or withholding of removal, whose claim was denied by an immigration judge solely on the basis of changed country conditions on or after March 1, 2003, may file a motion to reopen his or her claim not later than 6 months after the date of the enactment of the Refugee Crisis in Iraq Act if the applicant--
``(A) is a national of Iraq; and
``(B) remained in the United States on such date of enactment.''.
(b) Procedure.--A motion filed under this section shall be made in accordance with section 240(c)(7)(A) and (B) of the Immigration and Nationality Act.
SEC. 1578. REPORTS.
(a) Secretary of Homeland Security.--
(1) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report containing plans to expedite the processing of Iraqi refugees for resettlement to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(2) Contents.--The report submitted under paragraph (1) shall--
(A) detail the plans of the Secretary for expediting the processing of Iraqi refugees for resettlement including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services;
(B) describe the plans of the Secretary for increasing the number of Department of Homeland Security personnel devoted to refugee processing in the noted regions;
(C) describe the plans of the Secretary for enhancing existing systems for conducting background and security checks of persons applying for Special Immigrant Visas and of persons considered Priority 2 refugees of special humanitarian concern under this subtitle, which enhancements shall support immigration security and provide for the orderly processing of such applications without delay; and
(D) detail 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 90 days after the date of the enactment of this Act, and annually thereafter, 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 1573(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 more than 6 months, the reasons that visas have not been expeditiously processed.
(c) Report on Iraqi Nationals Employed by the United States Government and Federal Contractors in Iraq.--
(1) In General.--Not later than 90 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) solicit from each prime contractor or grantee that has performed work in Iraq since March 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, and other data that can be used to verify the employment of, each Iraqi national that has performed work in Iraq since March 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 90 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 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) 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 contractors or grantees to provide the information requested under subsection (c); and
(2) the reasons for failing to provide such information.
SEC. 1579. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.
TITLE XVI--WOUNDED WARRIOR MATTERS
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Dignified Treatment of Wounded Warriors Act''.
SEC. 1602. GENERAL DEFINITIONS.
In this title:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Veterans' Affairs of the Senate; and
(B) the Committees on Armed Services and Veterans' Affairs of the House of Representatives.
(2) The term ``covered member of the Armed Forces'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list for a serious injury or illness.
(3) The term ``family member'', with respect to a member of the Armed Forces or a veteran, has the meaning given that term in section 411h(b) of title 37, United States Code.
(4) The term ``medical hold or medical holdover status'' means--
(A) the status of a member of the Armed Forces, including a member of the National Guard or Reserve, assigned or attached to a military hospital for medical care; and
(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces.
(5) The term ``serious injury or illness'', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.
(6) The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code.
Subtitle A--Policy on Care, Management, and Transition of
Servicemembers With Serious Injuries or Illnesses
SEC. 1611. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND
TRANSITION OF MEMBERS OF THE ARMED FORCES WITH
SERIOUS INJURIES OR ILLNESSES.
(a) Comprehensive Policy Required.--
(1) In general.--Not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent feasible, jointly develop and implement a comprehensive policy on the care and management of members of the Armed Forces who are undergoing medical treatment, recuperation, or therapy, are otherwise in medical hold or medical holdover status, or are otherwise on the temporary disability retired list for a serious injury or illness
(hereafter in this section referred to as a ``covered servicemembers'').
(2) Scope of policy.--The policy shall cover each of the following:
(A) The care and management of covered servicemembers while in medical hold or medical holdover status or on the temporary disability retired list.
(B) The medical evaluation and disability evaluation of covered servicemembers.
(C) The return of covered servicemembers to active duty when appropriate.
(D) The transition of covered servicemembers from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government and with appropriate non-governmental organizations having an expertise in matters relating to the policy.
(4) Update.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly update the policy on a periodic basis, but not less often than annually, in order to incorporate in the policy, as appropriate, the results of the reviews under subsections (b) and (c) and the best practices identified through pilot programs under section 1654.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent necessary, jointly and separately conduct a review of all policies and procedures of the Department of Defense and the Department of Veterans Affairs that apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to identify the most effective and patient-oriented approaches to care and management of covered servicemembers for purposes of--
(A) incorporating such approaches into the policy; and
(B) extending such approaches, where applicable, to care and management of other injured or ill members of the Armed Forces and veterans.
(3) Elements.--In conducting the review, the Secretary of Defense and the Secretary of Veterans Affairs shall--
(A) identify among the policies and procedures described in paragraph (1) best practices in approaches to the care and management described in that paragraph;
(B) identify among such policies and procedures existing and potential shortfalls in such care and management
(including care and management of covered servicemembers on the temporary disability retired list), and determine means of addressing any shortfalls so identified;
(C) determine potential modifications of such policies and procedures in order to ensure consistency and uniformity among the military departments and the regions of the Department of Veterans Affairs in their application and discharge; and
(D) develop recommendations for legislative and administrative action necessary to implement the results of the review.
(4) Deadline for completion.--The review shall be completed not later than 90 days after the date of the enactment of this Act.
(c) Consideration of Findings, Recommendations, and Practices.--In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall take into account the following:
(1) The findings and recommendations of applicable studies, reviews, reports, and evaluations that address matters relating to the policy, including, but not limited, to the following:
(A) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center appointed by the Secretary of Defense.
(B) The Secretary of Veterans Affairs Task Force on Returning Global War on Terror Heroes appointed by the President.
(C) The President's Commission on Care for America's Returning Wounded Warriors.
(D) The Veterans' Disability Benefits Commission established by title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 38 U.S.C. 1101 note).
(E) The President's Commission on Veterans' Pensions, of 1956, chaired by General Omar N. Bradley.
(F) The Report of the Congressional Commission on Servicemembers and Veterans Transition Assistance, of 1999, chaired by Anthony J. Principi.
(G) The President's Task Force to Improve Health Care Delivery for Our Nation's Veterans, of March 2003.
(2) The experience and best practices of the Department of Defense and the military departments on matters relating to the policy.
(3) The experience and best practices of the Department of Veterans Affairs on matters relating to the policy.
(4) Such other matters as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate.
(d) Particular Elements of Policy.--The policy required by this section shall provide, in particular, the following:
(1) Responsibility for covered servicemembers in medical hold or medical holdover status or on temporary disability retired list.--Mechanisms to ensure responsibility for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including the following:
(A) Uniform standards for access of covered servicemembers to non-urgent health care services from the Department of Defense or other providers under the TRICARE program, with such access to be--
(i) for follow-up care, within 2 days of request of care;
(ii) for specialty care, within 3 days of request of care;
(iii) for diagnostic referrals and studies, within 5 days of request; and
(iv) for surgery based on a physician's determination of medical necessity, within 14 days of request.
(B) Requirements for the assignment of adequate numbers of personnel for the purpose of responsibility for and administration of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.
(C) Requirements for the assignment of adequate numbers of medical personnel and non-medical personnel to roles and responsibilities for caring for and administering covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, and a description of the roles and responsibilities of personnel so assigned.
(D) Guidelines for the location of care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, which guidelines shall address the assignment of such servicemembers to care and residential facilities closest to their duty station or home of record or the location of their designated caregiver at the earliest possible time.
(E) Criteria for work and duty assignments of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including a prohibition on the assignment of duty to a servicemember which is incompatible with the servicemember's medical condition.
(F) Guidelines for the provision of care and counseling for eligible family members of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.
(G) Requirements for case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including qualifications for personnel providing such case management.
(H) Requirements for uniform quality of care and administration for all covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether members of the regular components of the Armed Forces or members of the reserve components of the Armed Forces.
(I) Standards for the conditions and accessibility of residential facilities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list who are in outpatient status, and for their immediate family members.
(J) Requirements on the provision of transportation and subsistence for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether in inpatient status or outpatient status, to facilitate obtaining needed medical care and services.
(K) Requirements on the provision of educational and vocational training and rehabilitation opportunities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.
(L) Procedures for tracking and informing covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list about medical evaluation board and physical disability evaluation board processing.
(M) Requirements for integrated case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list during their transition from care and treatment through the Department of Defense to care and treatment through the Department of Veterans Affairs.
(N) Requirements and standards for advising and training, as appropriate, family members with respect to care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list with serious medical conditions, particularly traumatic brain injury (TBI), burns, and post-traumatic stress disorder
(PTSD).
(O) Requirements for periodic reassessments of covered servicemembers, and limits on the length of time such servicemembers may be retained in medical hold or medical holdover status or on the temporary disability retired list.
(P) Requirements to inform covered servicemembers and their family members of their rights and responsibilities while in medical hold or medical holdover status or on the temporary disability retired list.
(Q) The requirement to establish a Department of Defense-wide Ombudsman Office within the Office of the Secretary of Defense to provide oversight of the ombudsman offices in the military departments and policy guidance to such offices with respect to providing assistance to, and answering questions from, covered servicemembers and their families.
(2) Medical evaluation and physical disability evaluation for covered servicemembers.--
(A) Medical evaluations.--Processes, procedures, and standards for medical evaluations of covered servicemembers, including the following:
(i) Processes for medical evaluations of covered servicemembers that are--
(I) applicable uniformly throughout the military departments; and
(II) applicable uniformly with respect to such servicemembers who are members of the regular components of the Armed Forces and such servicemembers who are members of the National Guard and Reserve.
(ii) Standard criteria and definitions for determining the achievement for covered servicemembers of the maximum medical benefit from treatment and rehabilitation.
(iii) Standard timelines for each of the following:
(I) Determinations of fitness for duty of covered servicemembers.
(II) Specialty consultations for covered servicemembers.
(III) Preparation of medical documents for covered servicemembers.
(IV) Appeals by covered servicemembers of medical evaluation determinations, including determinations of fitness for duty.
(iv) Uniform standards for qualifications and training of medical evaluation board personnel, including physicians, case workers, and physical disability evaluation board liaison officers, in conducting medical evaluations of covered servicemembers.
(v) Standards for the maximum number of medical evaluation cases of covered servicemembers that are pending before a medical evaluation board at any one time, and requirements for the establishment of additional medical evaluation boards in the event such number is exceeded.
(vi) Uniform standards for information for covered servicemembers, and their families, on the medical evaluation board process and the rights and responsibilities of such servicemembers under that process, including a standard handbook on such information.
(B) Physical disability evaluations.--Processes, procedures, and standards for physical disability evaluations of covered servicemembers, including the following:
(i) A non-adversarial process of the Department of Defense and the Department of Veterans Affairs for disability determinations of covered servicemembers.
(ii) To the extent feasible, procedures to eliminate unacceptable discrepancies among disability ratings assigned by the military departments and the Department of Veterans Affairs, particularly in the disability evaluation of covered servicemembers, which procedures shall be subject to the following requirements and limitations:
(I) Such procedures shall apply uniformly with respect to covered servicemembers who are members of the regular components of the Armed Forces and covered servicemembers who are members of the National Guard and Reserve.
(II) Under such procedures, each Secretary of a military department shall, to the extent feasible, utilize the standard schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of such schedule by the United States Court of Appeals for Veterans Claims, in making any determination of disability of a covered servicemember.
(iii) Standard timelines for appeals of determinations of disability of covered servicemembers, including timelines for presentation, consideration, and disposition of appeals.
(iv) Uniform standards for qualifications and training of physical disability evaluation board personnel in conducting physical disability evaluations of covered servicemembers.
(v) Standards for the maximum number of physical disability evaluation cases of covered servicemembers that are pending before a physical disability evaluation board at any one time, and requirements for the establishment of additional physical disability evaluation boards in the event such number is exceeded.
(vi) Procedures for the provision of legal counsel to covered servicemembers while undergoing evaluation by a physical disability evaluation board.
(vii) Uniform standards on the roles and responsibilities of case managers, servicemember advocates, and judge advocates assigned to covered servicemembers undergoing evaluation by a physical disability board, and uniform standards on the maximum number of cases involving such servicemembers that are to be assigned to such managers and advocates.
(C) Return of covered servicemembers to active duty.--Standards for determinations by the military departments on the return of covered servicemembers to active duty in the Armed Forces.
(D) Transition of covered servicemembers from dod to va.--Processes, procedures, and standards for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs before, during, and after separation from the Armed Forces, including the following:
(i) A uniform, patient-focused policy to ensure that the transition occurs without gaps in medical care and the quality of medical care, benefits, and services.
(ii) Procedures for the identification and tracking of covered servicemembers during the transition, and for the coordination of care and treatment of such servicemembers during the transition, including a system of cooperative case management of such servicemembers by the Department of Defense and the Department of Veterans Affairs during the transition.
(iii) Procedures for the notification of Department of Veterans Affairs liaison personnel of the commencement by covered servicemembers of the medical evaluation process and the physical disability evaluation process.
(iv) Procedures and timelines for the enrollment of covered servicemembers in applicable enrollment or application systems of the Department of Veterans with respect to health care, disability, education, vocational rehabilitation, or other benefits.
(v) Procedures to ensure the access of covered servicemembers during the transition to vocational, educational, and rehabilitation benefits available through the Department of Veterans Affairs.
(vi) Standards for the optimal location of Department of Defense and Department of Veterans Affairs liaison and case management personnel at military medical treatment facilities, medical centers, and other medical facilities of the Department of Defense.
(vii) Standards and procedures for integrated medical care and management for covered servicemembers during the transition, including procedures for the assignment of medical personnel of the Department of Veterans Affairs to Department of Defense facilities to participate in the needs assessments of such servicemembers before, during, and after their separation from military service.
(viii) Standards for the preparation of detailed plans for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs, which plans shall be based on standardized elements with respect to care and treatment requirements and other applicable requirements.
(E) Other matters.--The following additional matters with respect to covered servicemembers:
(i) Access by the Department of Veterans Affairs to the military health records of covered servicemembers who are receiving care and treatment, or are anticipating receipt of care and treatment, in Department of Veterans Affairs health care facilities.
(ii) Requirements for utilizing, in appropriate cases, a single physical examination that meets requirements of both the Department of Defense and the Department of Veterans Affairs for covered servicemembers who are being retired, separated, or released from military service.
(iii) Surveys and other mechanisms to measure patient and family satisfaction with the provision by the Department of Defense and the Department of Veterans Affairs of care and services for covered servicemembers, and to facilitate appropriate oversight by supervisory personnel of the provision of such care and services.
(3) Report on reduction in disability ratings by the Department of Defense.--The Secretary of Defense shall submit a report to the committees on Armed Services of the Senate and House of Representatives on the numbers of instances 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. Such report shall cover the period beginning October 7, 2001 and ending September 30, 2006, and shall be submitted to the appropriate committees of Congress by February 1, 2008.
(e) Reports.--
(1) Report on policy.--Upon the development of the policy required by this section but not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the policy, including a comprehensive and detailed description of the policy and of the manner in which the policy addresses the findings and recommendations of the reviews under subsections (b) and (c).
(2) Reports on update.--Upon updating the policy under subsection (a)(4), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the update of the policy, including a comprehensive and detailed description of such update and of the reasons for such update.
(f) Comptroller General Assessment of Implementation.--Not later than six months after the date of the enactment of this Act and every year thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Secretary of Defense and the Secretary of Veterans Affairs in developing and implementing the policy required by this section.
SEC. 1612. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE
ARMED FORCES AND VETERANS.
(a) In General.--In developing and implementing the policy required by section 1611, and in otherwise carrying out any other provision of this title or any amendment made by this title, the Secretary of Defense and the Secretary of Veterans Affairs shall take into account and fully address any unique specific needs of women members of the Armed Forces and women veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this title or an amendment made by this title, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent applicable, include a description of the manner in which the matters covered by such report address the unique specific needs of women members of the Armed Forces and women veterans.
Subtitle B--Health Care
PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS
SEC. 1621. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE
INJURIES OR ILLNESSES.
(a) Medical and Dental Care for Members and Former Members.--
(1) In general.--Effective as of the date of the enactment of this Act and subject to regulations prescribed by the Secretary of Defense, any covered member of the Armed Forces, and any former member of the Armed Forces, with a severe injury or illness is entitled to medical and dental care in any facility of the uniformed services under section 1074(a) of title 10, United States Code, or through any civilian health care provider authorized by the Secretary to provide health and mental health services to members of the uniformed services, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD), as if such member or former member were a member of the uniformed services described in paragraph (2) of such section who is entitled to medical and dental care under such section.
(2) Period of authorized care.--(A) Except as provided in subparagraph (B), a member or former member described in paragraph (1) is entitled to care under that paragraph--
(i) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated during the period beginning on October 7, 2001, and ending on the date of the enactment of this Act, during the three-year period beginning on the date of the enactment of this Act, except that no compensation is payable by reason of this subsection for any period before the date of the enactment of this Act; or
(ii) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated on or after the date of the enactment of this Act, during the three-year period beginning on the date on which such injury or illness is so incurred or aggravated.
(B) The period of care authorized for a member or former member under this paragraph may be extended by the Secretary concerned for an additional period of up to two years if the Secretary concerned determines that such extension is necessary to assure the maximum feasible recovery and rehabilitation of the member or former member. Any such determination shall be made on a case-by-case basis.
(3) Integrated care management.--The Secretary of Defense shall provide for a program of integrated care management in the provision of care and services under this subsection, which management shall be provided by appropriate medical and case management personnel of the Department of Defense and the Department of Veterans Affairs (as approved by the Secretary of Veterans Affairs) and with appropriate support from the Department of Defense regional health care support contractors.
(4) Waiver of limitations to maximize care.--The Secretary of Defense may, in providing medical and dental care to a member or former member under this subsection during the period referred to in paragraph (2), waive any limitation otherwise applicable under chapter 55 of title 10, United States Code, to the provision of such care to the member or former member if the Secretary considers the waiver appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member.
(5) Construction with eligibility for veterans benefits.--Nothing in this subsection shall be construed to reduce, alter, or otherwise affect the eligibility or entitlement of a member or former member of the Armed Forces to any health care, disability, or other benefits to which the member of former member would otherwise be eligible or entitled as a veteran under the laws administered by the Secretary of Veterans Affairs.
(6) Sunset.--The Secretary of Defense may not provide medical or dental care to a member or former member of the Armed Forces under this subsection after December 31, 2012, if the Secretary has not provided medical or dental care to the member or former member under this subsection before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the enactment of this Act, a member of the Armed Forces with a severe injury or illness is entitled to such benefits (including rehabilitation and vocational benefits, but not including compensation) from the Secretary of Veterans Affairs to facilitate the recovery and rehabilitation of such member as the Secretary otherwise provides to members of the Armed Forces receiving medical care in medical facilities of the Department of Veterans Affairs facilities in order to facilitate the recovery and rehabilitation of such members.
(2) Limitations.--The provisions of paragraphs (2) through
(6) of subsection (a) shall apply to the provision of benefits under this subsection as if the benefits provided under this subsection were provided under subsection (a).
(3) Reimbursement.--The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for the cost of any benefits provided under this subsection in accordance with applicable mechanisms for the reimbursement of the Secretary of Veterans Affairs for the provision of medical care to members of the Armed Forces.
(c) Recovery of Certain Expenses of Medical Care and Related Travel.--
(1) In general.--Commencing not later than 60 days after the date of the enactment of this Act, the Secretary of the military department concerned may reimburse covered members of the Armed Forces, and former members of the Armed Forces, with a severe injury or illness for covered expenses incurred by such members or former members, or their family members, in connection with the receipt by such members or former members of medical care that is required for such injury or illness.
(2) Covered expenses.--Expenses for which reimbursement may be made under paragraph (1) include the following:
(A) Expenses for health care services for which coverage would be provided under section 1074(c) of title 10, United States Code, for members of the uniformed services on active duty.
(B) Expenses of travel of a non-medical attendant who accompanies a member or former member of the Armed Forces for required medical care that is not available to such member or former member locally, if such attendant is appointed for that purpose by a competent medical authority (as determined under regulations prescribed by the Secretary of Defense for purposes of this subsection).
(C) Such other expenses for medical care as the Secretary may prescribe for purposes of this subsection.
(3) Amount of reimbursement.--The amount of reimbursement under paragraph (1) for expenses covered by paragraph (2) shall be determined in accordance with regulations prescribed by the Secretary of Defense for purposes of this subsection.
(d) Severe Injury or Illness Defined.--In this section, the term ``severe injury or illness'' means any serious injury or illness that is assigned a disability rating of 30 percent or higher under the schedule for rating disabilities in use by the Department of Defense.
SEC. 1622. REIMBURSEMENT OF CERTAIN FORMER MEMBERS OF THE
UNIFORMED SERVICES WITH SERVICE-CONNECTED
DISABILITIES FOR TRAVEL FOR FOLLOW-ON SPECIALTY
CARE AND RELATED SERVICES.
(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) Follow-on Specialty Care and Related Services.--In any case in which a former member of a uniformed service who incurred a disability while on active duty in a combat zone or during performance of duty in combat related operations
(as designated by the Secretary of Defense), and is entitled to retired or retainer pay, or equivalent pay, requires follow-on specialty care, services, or supplies related to such disability at a specific military treatment facility more than 100 miles from the location in which the former member resides, the Secretary shall provide reimbursement for reasonable travel expenses comparable to those provided under subsection (a) for the former member, and when accompaniment by an adult is determined by competent medical authority to be necessary, for a spouse, parent, or guardian of the former member, or another member of the former member's family who is at least 21 years of age.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect January 1, 2008, and shall apply with respect to travel that occurs on or after that date.
PART II--CARE AND SERVICES FOR DEPENDENTS
SEC. 1626. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR
FAMILIES OF MEMBERS OF THE ARMED FORCES
RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.
(a) Medical Care.--
(1) In general.--A family member of a covered member of the Armed Forces who is not otherwise eligible for medical care at a military medical treatment facility or at medical facilities of the Department of Veterans Affairs shall be eligible for such care at such facilities, on a space-available basis, if the family member is--
(A) on invitational orders while caring for the covered member of the Armed Forces;
(B) a non-medical attendee caring for the covered member of the Armed Forces; or
(C) receiving per diem payments from the Department of Defense while caring for the covered member of the Armed Forces.
(2) Specification of family members.--Notwithstanding section 1602(3), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe in regulations the family members of covered members of the Armed Forces who shall be considered to be a family member of a covered member of the Armed Forces for purposes of paragraph (1).
(3) Specification of care.--(A) The Secretary of Defense shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at military medical treatment facilities.
(B) The Secretary of Veterans Affairs shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at medical facilities of the Department of Veterans Affairs.
(4) Recovery of costs.--The United States may recover the costs of the provision of medical care and counseling under paragraph (1) as follows (as applicable):
(A) From third-party payers, in the same manner as the United States may collect costs of the charges of health care provided to covered beneficiaries from third-party payers under section 1095 of title 10, United States Code.
(B) As if such care and counseling was provided under the authority of section 1784 of title 38, United States Code.
(b) Job Placement Services.--A family member who is on invitational orders or is a non-medical attendee while caring for a covered member of the Armed Forces for more than 45 days during a one-year period shall be eligible for job placement services otherwise offered by the Department of Defense.
(c) Report on Need for Additional Services.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the assessment of the Secretary of the need for additional employment services, and of the need for employment protection, of family members described in subsection (b) who are placed on leave from employment or otherwise displaced from employment while caring for a covered member of the Armed Forces as described in that subsection.
SEC. 1627. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY
CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES
WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE
DUTY.
(a) In General.--Section 1079(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
``(2)(A) Subject to such terms, conditions, and exceptions as the Secretary of Defense considers appropriate, the program of extended benefits for eligible dependents under this subsection shall include extended benefits for the primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty.
``(B) The Secretary of Defense shall prescribe in regulations the individuals who shall be treated as the primary caregivers of a member of the uniformed services for purposes of this paragraph.
``(C) For purposes of this section, a serious injury or illness, with respect to a member of the uniformed services, is an injury or illness that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating, and that renders a member of the uniformed services dependent upon a caregiver.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2008.
PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER
SEC. 1631. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS,
MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN
INJURY AND POST-TRAUMATIC STRESS DISORDER IN
MEMBERS OF THE ARMED FORCES.
(a) Plans Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, submit to the congressional defense committees one or more comprehensive plans for programs and activities of the Department of Defense to prevent, diagnose, mitigate, treat, and otherwise respond to traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in members of the Armed Forces.
(b) Elements.--Each plan submitted under subsection (a) shall include comprehensive proposals of the Department on the following:
(1) The designation by the Secretary of Defense of a lead agent or executive agent for the Department to coordinate development and implementation of the plan.
(2) The improvement of personnel protective equipment for members of the Armed Forces in order to prevent traumatic brain injury.
(3) The improvement of methods and mechanisms for the detection and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces in the field.
(4) The requirements for research on traumatic brain injury and post-traumatic stress disorder, including (in particular) research on pharmacological approaches to treatment for traumatic brain injury or post-traumatic stress disorder, as applicable, and the allocation of priorities among such research.
(5) The development, adoption, and deployment of diagnostic criteria for the detection and evaluation of the range of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, which criteria shall be employed uniformly across the military departments in all applicable circumstances, including provision of clinical care and assessment of future deployability of members of the Armed Forces.
(6) The development and deployment of effective means of assessing traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including a system of pre-deployment and post-deployment screenings of cognitive ability in members for the detection of cognitive impairment, as required by the amendments made by section 222.
(7) The development and deployment of effective means of managing and monitoring members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder in the receipt of care for traumatic brain injury or post-traumatic stress disorder, as applicable, including the monitoring and assessment of treatment and outcomes.
(8) The development and deployment of an education and awareness training initiative designed to reduce the negative stigma associated with traumatic brain injury, post-traumatic stress disorder, and mental health treatment.
(9) The provision of education and outreach to families of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder on a range of matters relating to traumatic brain injury or post-traumatic stress disorder, as applicable, including detection, mitigation, and treatment.
(10) The assessment of the current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.
(11) The identification of gaps in current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.
(12) The identification of the resources required for the Department in fiscal years 2009 thru 2013 to address the gaps in capabilities identified under paragraph (11).
(13) The development of joint planning among the Department of Defense, the military departments, and the Department of Veterans Affairs for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including planning for the seamless transition of such members from care through the Department of Defense care through the Department of Veterans Affairs.
(14) A requirement that exposure to a blast or blasts be recorded in the records of members of the Armed Forces.
(15) The development of clinical practice guidelines for the diagnosis and treatment of blast injuries in members of the Armed Forces, including, but not limited to, traumatic brain injury.
(16) A program 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--
(A) is enrolled in the program; and
(B) receives, under the program, treatment and rehabilitation meeting a standard of care such that each individual who is a member of the Armed Forces who qualifies for care under the program shall--
(i) be provided the highest quality of care possible based on the medical judgment of qualified medical professionals in facilities that most appropriately meet the specific needs of the individual; and
(ii) be rehabilitated to the fullest extent possible using the most up-to-date medical technology, medical rehabilitation practices, and medical expertise available.
(17) A requirement that if a member of the Armed Forces participating in a program established in accordance with paragraph (16) believes that care provided to such participant does not meet the standard of care specified in subparagraph (B) of such paragraph, the Secretary of Defense shall, upon request of the participant, provide to such participant a referral to another Department of Defense or Department of Veterans Affairs provider of medical or rehabilitative care for a second opinion regarding the care that would meet the standard of care specified in such subparagraph.
(18) The provision of information by the Secretary of Defense to members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder and their families about their rights with respect to the following:
(A) The receipt of medical and mental health care from the Department of Defense and the Department of Veterans Affairs.
(B) The options available to such members for treatment of traumatic brain injury and post-traumatic stress disorder.
(C) The options available to such members for rehabilitation.
(D) The options available to such members for a referral to a public or private provider of medical or rehabilitative care.
(E) The right to administrative review of any decision with respect to the provision of care by the Department of Defense for such members.
(c) Coordination in Development.--Each plan submitted under subsection (a) shall be developed in coordination with the Secretary of the Army (who was designated by the Secretary of Defense as executive agent for the prevention, mitigation, and treatment of blast injuries under section 256 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)).
(d) Additional Activities.--In carrying out programs and activities for the prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, the Secretary of Defense shall--
(1) examine the results of the recently completed Phase 2 study, funded by the National Institutes of Health, on the use of progesterone for acute traumatic brain injury;
(2) determine if Department of Defense funding for a Phase 3 clinical trial on the use of progesterone for acute traumatic brain injury, or for further research regarding the use of progesterone or its metabolites for treatment of traumatic brain injury, is warranted; and
(3) provide for the collaboration of the Department of Defense, as appropriate, in clinical trials and research on pharmacological approaches to treatment for traumatic brain injury and post-traumatic stress disorder that is conducted by other departments and agencies of the Federal Government.
SEC. 1632. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS
OF THE ARMED FORCES DEPLOYED OVERSEAS.
(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section 1074f of title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end the following new subparagraph:
``(C) An assessment of post-traumatic stress disorder.''; and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall establish for purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for the predeployment assessment and documentation of the cognitive
(including memory) functioning of a member who is deployed outside the United States in order to facilitate the assessment of the postdeployment cognitive (including memory) functioning of the member.
``(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic brain injury in members returning from deployment in a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol required by paragraph (3) of section 1074f(b) of title 10, United States Code (as amended by paragraph (1) of this subsection), for purposes of assessments for traumatic brain injury, the Secretary of Defense shall conduct up to three pilot projects to evaluate various mechanisms for use in the protocol for such purposes. One of the mechanisms to be so evaluated shall be a computer-based assessment tool.
(B) Not later than 60 days after the completion of the pilot projects conducted under this paragraph, the Secretary shall submit to the appropriate committees of Congress a report on the pilot projects. The report shall include--
(i) a description of the pilot projects so conducted;
(ii) an assessment of the results of each such pilot project; and
(iii) a description of any mechanisms evaluated under each such pilot project that will incorporated into the protocol.
(C) Not later than 180 days after completion of the pilot projects conducted under this paragraph, the Secretary shall establish a mechanism for implementing any mechanism evaluated under such a pilot project that is selected for incorporation in the protocol.
(D) There is hereby authorized to be appropriated to the Department of Defense, $3,000,000 for the pilot projects authorized by this paragraph. Of the amount so authorized to be appropriated, not more than $1,000,000 shall be available for any particular pilot project.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f of title 10, United States Code, is amended by adding at the end the following new subparagraph:
``(F) The diagnosis and treatment of traumatic brain injury and post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such section is amended--
(1) in the subsection heading, by striking ``Mental Health''; and
(2) in paragraph (2)(B), by striking ``or'' and inserting
``, traumatic brain injury, or''.
SEC. 1633. CENTERS OF EXCELLENCE IN THE PREVENTION,
DIAGNOSIS, MITIGATION, TREATMENT, AND
REHABILITATION OF TRAUMATIC BRAIN INJURY AND
POST-TRAUMATIC STRESS DISORDER.
(a) Center of Excellence on Traumatic Brain Injury.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section:
``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic
Brain Injury
``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury (TBI), including mild, moderate, and severe traumatic brain injury, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury'.
``(b) Partnerships.--The Secretary shall 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 direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury.
``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of traumatic brain injury.
``(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces with traumatic brain injury.
``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of traumatic brain injury.
``(5) To facilitate advancements in the study of the short-term and long-term psychological effects of traumatic brain injury.
``(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals, with respect to traumatic brain injury.
``(7) To conduct basic science and translational research on traumatic brain injury for the purposes of understanding the etiology of traumatic brain injury and developing preventive interventions and new treatments.
``(8) To develop outreach strategies and treatments for families of members of the armed forces with traumatic brain injury in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from traumatic brain injury.
``(9) To conduct research on the unique mental health needs of women members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.
``(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.
``(11) To conduct research on the mental health needs of families of members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.
``(12) To conduct longitudinal studies (using imaging technology and other proven research methods) on members of the armed forces with traumatic brain injury to identify early signs of Alzheimer's disease, Parkinson's disease, or other manifestations of neurodegeneration in such members, which studies should be conducted in coordination with the studies authorized by section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294) and other studies of the Department of Defense and the Department of Veterans Affairs that address the connection between exposure to combat and the development of Alzheimer's disease, Parkinson's disease, and other neurodegenerative disorders.
``(13) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the needs of members of the armed forces with traumatic brain injury until their transition to care and treatment from the Department of Veterans Affairs.
``(14) 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.
``(15) Such other responsibilities as the Secretary shall specify.''.
(b) Center of Excellence on Post-Traumatic Stress Disorder.--Chapter 55 of such title is further amended by inserting after section 1105a, as added by subsection (a), the following new section:
``Sec. 1105b. Center of Excellence in Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Post-Traumatic
Stress Disorder
``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder (PTSD), including mild, moderate, and severe post-traumatic stress disorder, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder'.
``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities
(including international entities) to carry out the responsibilities specified in subsection (c).
``(c) Responsibilities.--The Center shall have responsibilities as follows:
``(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder.
``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of post-traumatic stress disorder.
``(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces with post-traumatic stress disorder.
``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of post-traumatic stress disorder.
``(5) To facilitate advancements in the study of the short-term and long-term psychological effects of post-traumatic stress disorder.
``(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals, with respect to post-traumatic stress disorder.
``(7) To conduct basic science and translational research on post-traumatic stress disorder for the purposes of understanding the etiology of post-traumatic stress disorder and developing preventive interventions and new treatments.
``(8) To develop outreach strategies and treatments for families of members of the armed forces with post-traumatic stress disorder in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from post-traumatic stress disorder.
``(9) To conduct research on the unique mental health needs of women members of the armed forces, including victims of sexual assault, with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.
``(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.
``(11) To conduct research on the mental health needs of families of members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.
``(12) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the needs of members of the armed forces with post-traumatic stress disorder until their transition to care and treatment from the Department of Veterans Affairs.
``(13) 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.
``(14) Such other responsibilities as the Secretary shall specify.''.
(c) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new items:
``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Traumatic Brain Injury.
``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation,
Treatment, and Rehabilitation of Post-Traumatic Stress
Disorder.''.Q
(d) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required by section 1105a of title 10, United States Code (as added by subsection (a)), and the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required by section 1105b of title 10, United States Code (as added by subsection (b)). The report shall, for each such Center--
(1) describe in detail the activities and proposed activities of such Center; and
(2) assess the progress of such Center in discharging the responsibilities of such Center.
(e) Authorization of Appropriations.--There is hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program,
$10,000,000, of which--
(1) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required by section 1105a of title 10, United States Code; and
(2) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required by section 1105b of title 10, United States Code.
SEC. 1634. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR
FEMALE MEMBERS OF THE ARMED FORCES AND
VETERANS.
(a) Comprehensive Review.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a comprehensive review of--
(1) the need for mental health treatment and services for female members of the Armed Forces and veterans; and
(2) the efficacy and adequacy of existing mental health treatment programs and services for female members of the Armed Forces and veterans.
(b) Elements.--The review required by subsection (a) shall include, but not be limited to, an assessment of the following:
(1) The need for mental health outreach, prevention, and treatment services specifically for female members of the Armed Forces and veterans.
(2) The access to and efficacy of existing mental health outreach, prevention, and treatment services and programs
(including substance abuse programs) for female veterans who served in a combat zone.
(3) The access to and efficacy of services and treatment for female members of the Armed Forces and veterans who experience post-traumatic stress disorder (PTSD).
(4) The availability of services and treatment for female members of the Armed Forces and veterans who experienced sexual assault or abuse.
(5) The access to and need for treatment facilities focusing on the mental health care needs of female members of the Armed Forces and veterans.
(6) The need for further clinical research on the unique needs of female veterans who served in a combat zone.
(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the review required by subsection (a).
(d) Policy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a comprehensive policy to address the treatment and care needs of female members of the Armed Forces and veterans who experience mental health problems and conditions, including post-traumatic stress disorder. The policy shall take into account and reflect the results of the review required by subsection (a).
SEC. 1635. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND
REHABILITATION OF MEMBERS OF THE ARMED FORCES
WITH TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC
STRESS DISORDER.
(a) Authorization of Appropriations.--
(1) In general.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program in the amount of
$50,000,000, with such amount to be available for activities as follows:
(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD).
(2) Availability of amount.--Of the amount authorized to be appropriated by paragraph (1), $17,000,000 shall be available for the Defense and Veterans Brain Injury Center of the Department of Defense.
(b) Supplement Not Supplant.--The amount authorized to be appropriated by subsection (a) for Defense Health Program is in addition to any other amounts authorized to be appropriated by this Act for Defense Health Program.
SEC. 1636. REPORTS.
(a) Reports on Implementation of Certain Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress in implementing the requirements as follows:
(1) The requirements of section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2294), relating to a longitudinal study on traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom.
(2) The requirements arising from the amendments made by section 738 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2303), relating to enhanced mental health screening and services for members of the Armed Forces.
(3) The requirements of section 741 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2304), relating to pilot projects on early diagnosis and treatment of post-traumatic stress disorder and other mental health conditions.
(b) Annual Reports on Expenditures for Activities on TBI and PTSD.--
(1) Reports required.--Not later than March 1, 2008, and each year thereafter through 2013, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the amounts expended by the Department of Defense during the preceding calendar year on activities described in paragraph (2), including the amount allocated during such calendar year to the Defense and Veterans Brain Injury Center of the Department.
(2) Covered activities.--The activities described in this paragraph are activities as follows:
(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1) shall include--
(A) a description of the amounts expended as described in that paragraph, including a description of the activities for which expended;
(B) a description and assessment of the outcome of such activities;
(C) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of traumatic brain injury in members of the Armed Forces during the year in which such report is submitted and in future calendar years;
(D) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of post-traumatic stress disorder in members of the Armed Forces during the year in which such report is submitted and in future calendar years; and
(E) an assessment of the progress made toward achieving the priorities stated in subparagraphs (C) and (D) in the report under paragraph (1) in the previous year, and a description of any actions planned during the year in which such report is submitted to achieve any unfulfilled priorities during such year.
PART IV--OTHER MATTERS
SEC. 1641. JOINT ELECTRONIC HEALTH RECORD FOR THE DEPARTMENT
OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly--
(1) develop and implement a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs; and
(2) accelerate the exchange of health care information between the Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments.
(b) Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record.--
(1) In general.--There is hereby established a joint element of the Department of Defense and the Department of Veterans Affairs to be known as the ``Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record'' (in this section referred to as the ``Office'').
(2) Purposes.--The purposes of the Office shall be as follows:
(A) To act as a single point of accountability for the Department of Defense and the Department of Veterans Affairs in the rapid development, test, and implementation of a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs.
(B) To accelerate the exchange of health care information between Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments.
(c) Leadership.--
(1) Director.--The Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the head of the Office.
(2) Deputy director.--The Deputy Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the deputy head of the office and shall assist the Director in carrying out the duties of the Director.
(3) Appointments.--(A) The Director shall be appointed by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities.
(B) The Deputy Director shall be appointed by the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities.
(4) Additional guidance.--In addition to the direction, supervision, and control provided by the Secretary of Defense and the Secretary of Veterans Affairs, the Office shall also receive guidance from the Department of Veterans Affairs-Department of Defense Joint Executive Committee under section 320 of title 38, United States Code, in the discharge of the functions of the Office under this section.
(5) Testimony.--Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee regarding the discharge of the functions of the Office under this section.
(d) Function.--The function of the Office shall be to develop and prepare for deployment, by not later than September 30, 2010, a joint electronic health record to be utilized by both the Department of Defense and the Department of Veterans Affairs in the provision of medical care and treatment to members of the Armed Forces and veterans, which health record shall comply with applicable interoperability standards, implementation specifications, and certification criteria (including for the reporting of quality measures) of the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a schedule and benchmarks for the discharge by the Office of its function under this section, including each of the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment of the requirements for the joint electronic health record described in subsection (d), including coordination with the Office of the National Coordinator for Health Information Technology in the development of a nationwide interoperable health information technology infrastructure.
(3) A schedule and associated deadlines for any acquisition and testing required in the development and deployment of the joint electronic health record.
(4) A schedule and associated deadlines and requirements for the deployment of the joint electronic health record.
(5) Proposed funding for the Office for each of fiscal years 2009 through 2013 for the discharge of its function.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in the discharge of its function under this section, the Secretary of Defense and the Secretary of Veterans Affairs may, acting jointly, carry out one or more pilot projects to assess the feasability and advisability of various technological approaches to the achievement of the joint electronic health record described in subsection (d).
(2) Treatment as single health care system.--For purposes of each pilot project carried out under this subsection, the health care system of the Department of Defense and the health care system of the Department of Veterans Affairs shall be treated as a single health care system for purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note).
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall assign to the Office such personnel and other resources of the Department of Defense and the Department of Veterans Affairs as are required for the discharge of its function under this section.
(2) Additional services.--Subject to the approval of the Secretary of Defense and the Secretary of Veterans Affairs, the Director may utilize the services of private individuals and entities as consultants to the Office in the discharge of its function under this section. Amounts available to the Office shall be available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009, and each year thereafter through 2014, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the activities of the Office during the preceding calendar year. Each report shall include, for the year covered by such report, the following:
(A) A detailed description of the activities of the Office, including a detailed description of the amounts expended and the purposes for which expended.
(B) An assessment of the progress made by the Department of Defense and the Department of Veterans Affairs in the development and implementation of the joint electronic health record described in subsection (d).
(2) Availability to public.--The Secretary of Defense and the Secretary of Veterans Affairs shall make available to the public each report submitted under paragraph (1), including by posting such report on the Internet website of the Department of Defense and the Department of Veterans Affairs, respectively, that is available to the public.
(i) Comptroller General Assessment of Implementation.--Not later than six months after the date of the enactment of this Act and every six months thereafter until the completion of the implementation of the joint electronic health record described in subsection (d), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Department of Defense and the Department of Veterans Affairs in developing and implementing the joint electronic health record.
(j) Funding.--
(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall each contribute equally to the costs of the Office in fiscal year 2008 and fiscal years thereafter. The amount so contributed by each Secretary in fiscal year 2008 shall be up to $10,000,000.
(2) Source of funds.--(A) Amounts contributed by the Secretary of Defense under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Defense for the Defense Health Program and available for program management and technology resources.
(B) Amounts contributed by the Secretary of Veterans Affairs under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Veterans Affairs for Medical Care and available for program management and technology resources.
(k) Joint Electronic Health Record Defined.--In this section, the term ``joint electronic health record'' means a single system that includes patient information across the continuum of medical care, including inpatient care, outpatient care, pharmacy care, patient safety, and rehabilitative care.
SEC. 1642. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR
CARE AND TREATMENT OF WOUNDED AND INJURED
MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1599c of title 10, United States Code, is amended to read as follows:
``Sec. 1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces
``(a) In General.--The Secretary of Defense may, in the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the military departments shall each develop and implement a strategy to disseminate among appropriate personnel of the military departments authorities and best practices for the recruitment of medical and health professionals, including the authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies, procedures, and practices of the military department concerned to assure that such strategy facilitates the implementation of efficiencies which reduce the time required to fill vacant positions for medical and health professionals; and
``(B) clearly identify processes and actions that will be used to inform and educate military and civilian personnel responsible for the recruitment of medical and health professionals.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1599c and inserting the following new item:
``1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.''.
(c) Reports on Strategies on Recruitment of Medical and Health Professionals.--Not later than six months after the date of the enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a report setting forth the strategy developed by such Secretary under section 1599c(b) of title 10, United States Code, as added by subsection (a).
SEC. 1643. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE
OF THE DEPARTMENT OF DEFENSE, INCLUDING
PERSONNEL IN THE MENTAL HEALTH WORKFORCE.
(a) Recommendations on Means of Addressing Shortages.--
(1) Report.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary for such legislative or administrative actions as the Secretary considers appropriate to address shortages in health care professionals within the Department of Defense, including personnel in the mental health workforce.
(2) Elements.--The report required by paragraph (1) shall address the following:
(A) Enhancements or improvements of financial incentives for health care professionals, including personnel in the mental health workforce, of the Department of Defense in order to enhance the recruitment and retention of such personnel, including recruitment, accession, or retention bonuses and scholarship, tuition, and other financial assistance.
(B) Modifications of service obligations of health care professionals, including personnel in the mental health workforce.
(C) Such other matters as the Secretary considers appropriate.
(b) Recruitment.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement programs to recruit qualified individuals in health care fields (including mental health) to serve in the Armed Forces as health care and mental health personnel of the Armed Forces.
Subtitle C--Disability Matters
PART I--DISABILITY EVALUATIONS
SEC. 1651. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND
CONDITION IN ESTABLISHING ELIGIBILITY OF
MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR
DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of title 10, United States Code, is amended to read as follows:
``(i) the member has six months or more of active military service and the disability was not noted at the time of the member's entrance on active duty (unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty);''.
(b) Separation of Regulars and Members on Active Duty for More Than 30 Days.--Section 1203(b)(4)(B) of such title is amended by striking ``and the member has at least eight years of service computed under section 1208 of this title'' and inserting ``, the member has six months or more of active military service, and the disability was not noted at the time of the member's entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty)''.
SEC. 1652. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF
DEFENSE DETERMINATIONS OF DISABILITY WITH
RESPECT TO MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 61 of title 10, United States Code, is amended by inserting after section 1216 the following new section:
``Sec. 1216a. Determinations of disability: requirements and limitations on determinations
``(a) Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.--(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
``(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
``(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member's office, grade, rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1216 the following new item:
``1216a. Determinations of disability: requirements and limitations on determinations.''.
SEC. 1653. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED
FORCES SEPARATED FROM SERVICE WITH A DISABILITY
RATING OF 20 PERCENT DISABLED OR LESS.
(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1554 adding the following new section:
``Sec. 1554a. Review of separation with disability rating of
20 percent disabled or less
``(a) In General.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the disability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the `Physical Disability Board of Review'.
``(2) The Board shall consist of not less than three members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section, covered individuals are members and former members of the armed forces who, during the period beginning on September 11, 2001, and ending on December 31, 2009--
``(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon its own motion, or upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Board shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual.
``(2) The review by the Board under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Board. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense.
``(d) Authorized Recommendations.--The Board may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual:
``(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.
``(2) The recharacterization of the separation of such individual to retirement for disability.
``(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board.
``(4) The issuance of a new disability rating for such individual.
``(e) Correction of Military Records.--(1) The Secretary concerned may correct the military records of a covered individual in accordance with a recommendation made by the Board under subsection (d). Any such correction may be made effective as of the effective date of the action taken on the report of the Physical Evaluation Board to which such recommendation relates.
``(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such member would be entitled based on the member's military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of Defense considers appropriate.
``(3) If the Board makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action.
``(f) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.
``(3) The regulations under paragraph (1) shall specify the effect of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military records under section 1552 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554 the following new item:
``1554a. Review of separation with disability rating of 20 percent disabled or less.''.
(b) Implementation.--The Secretary of Defense shall establish the board of review required by section 1554a of title 10, United States Code (as added by subsection (a)), and prescribe the regulations required by such section, not later than 90 days after the date of the enactment of this Act.
SEC. 1654. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY
EVALUATION SYSTEM FOR MEMBERS OF THE ARMED
FORCES.
(a) Pilot Programs.--
(1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, carry out pilot programs with respect to the disability evaluation system of the Department of Defense for the purpose set forth in subsection (d).
(2) Required pilot programs.--In carrying out this section, the Secretary of Defense shall carry out the pilot programs described in paragraphs (1) through (3) of subsection (c). Each such pilot program shall be implemented not later than 90 days after the date of the enactment of this Act.
(3) Authorized pilot programs.--In carrying out this section, the Secretary of Defense may carry out such other pilot programs as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, considers appropriate.
(b) Disability Evaluation System of the Department of Defense.--For purposes of this section, the disability evaluation system of the Department of Defense is the system of the Department for the evaluation of the disabilities of members of the Armed Forces who are being separated or retired from the Armed Forces for disability under chapter 61 of title 10, United States Code.
(c) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va assigned disability rating.--Under one of the pilot programs under subsection (a), for purposes of making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, upon a determination by the Secretary of the military department concerned that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title--
(A) the Secretary of Veterans Affairs shall--
(i) conduct an evaluation of the member for physical disability; and
(ii) assign the member a rating of disability in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions
(whether individually or collectively) that render the member unfit for duty; and
(B) the Secretary of the military department concerned shall make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A)(ii).
(2) Disability determinations utilizing joint dod/va assigned disability rating.--Under one of the pilot programs under subsection (a), in making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, the Secretary of the military department concerned shall, upon determining that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title--
(A) provide for the joint evaluation of the member for disability by the Secretary of the military department concerned and the Secretary of Veterans Affairs, including the assignment of a rating of disability for the member in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and
(B) make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A).
(3) Electronic clearing house.--Under one of the pilot programs, the Secretary of Defense shall establish and operate a single Internet website for the disability evaluation system of the Department of Defense that enables participating members of the Armed Forces to fully utilize such system through the Internet, with such Internet website to include the following:
(A) The availability of any forms required for the utilization of the disability evaluation system by members of the Armed Forces under the system.
(B) Secure mechanisms for the submission of such forms by members of the Armed Forces under the system, and for the tracking of the acceptance and review of any forms so submitted.
(C) Secure mechanisms for advising members of the Armed Forces under the system of any additional information, forms, or other items that are required for the acceptance and review of any forms so submitted.
(D) The continuous availability of assistance to members of the Armed Forces under the system (including assistance through the caseworkers assigned to such members of the Armed Forces) in submitting and tracking such forms, including assistance in obtaining information, forms, or other items described by subparagraph (C).
(E) Secure mechanisms to request and receive personnel files or other personnel records of members of the Armed Forces under the system that are required for submission under the disability evaluation system, including the capability to track requests for such files or records and to determine the status of such requests and of responses to such requests.
(4) Other pilot programs.--Under any pilot program carried out by the Secretary of Defense under subsection (a)(3), the Secretary shall provide for the development, evaluation, and identification of such practices and procedures under the disability evaluation system of the Department of Defense as the Secretary considers appropriate for purpose set forth in subsection (d).
(d) Purpose.--The purpose of each pilot program under subsection (a) shall be--
(1) to provide for the development, evaluation, and identification of revised and improved practices and procedures under the disability evaluation system of the Department of Defense in order to--
(A) reduce the processing time under the disability evaluation system of members of the Armed Forces who are likely to be retired or separated for disability, and who have not requested continuation on active duty, including, in particular, members who are severely wounded;
(B) identify and implement or seek the modification of statutory or administrative policies and requirements applicable to the disability evaluation system that--
(i) are unnecessary or contrary to applicable best practices of civilian employers and civilian healthcare systems; or
(ii) otherwise result in hardship, arbitrary, or inconsistent outcomes for members of the Armed Forces, or unwarranted inefficiencies and delays;
(C) eliminate material variations in policies, interpretations, and overall performance standards among the military departments under the disability evaluation system; and
(D) determine whether it enhances the capability of the Department of Veterans Affairs to receive and determine claims from members of the Armed Forces for compensation, pension, hospitalization, or other veterans benefits; and
(2) in conjunction with the findings and recommendations of applicable Presidential and Department of Defense study groups, to provide for the eventual development of revised and improved practices and procedures for the disability evaluation system in order to achieve the objectives set forth in paragraph (1).
(e) Utilization of Results in Updates of Comprehensive Policy on Care, Management, and Transition of Covered Servicemembers.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly incorporate responses to any findings and recommendations arising under the pilot programs required by subsection (a) in updating the comprehensive policy on the care and management of covered servicemembers under section 1611.
(f) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in carrying out a pilot program under subsection (a)--
(A) the rules and regulations of the Department of Defense and the Department of Veterans Affairs relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces shall apply to the pilot program only to the extent provided in the report on the pilot program under subsection (h)(1); and
(B) the Secretary of Defense and the Secretary of Veterans Affairs may waive any provision of title 10, 37, or 38, United States Code, relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces if the Secretaries determine in writing that the application of such provision would be inconsistent with the purpose of the pilot program.
(2) Limitation.--Nothing in paragraph (1) shall be construed to authorize the waiver of any provision of section 1216a of title 10, United States Code, as added by section 1652 of this Act.
(g) Duration.--Each pilot program under subsection (a) shall be completed not later than one year after the date of the commencement of such pilot program under that subsection.
(h) Reports.--
(1) Initial report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the pilot programs under subsection (a). The report shall include--
(A) a description of the scope and objectives of each pilot program;
(B) a description of the methodology to be used under such pilot program to ensure rapid identification under such pilot program of revised or improved practices under the disability evaluation system of the Department of Defense in order to achieve the objectives set forth in subsection (d)(1); and
(C) a statement of any provision described in subsection
(f)(1)(B) that shall not apply to the pilot program by reason of a waiver under that subsection.
(2) Interim report.--Not later than 150 days after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the current status of such pilot program.
(3) Final report.--Not later than 90 days after the completion of all the pilot programs described in paragraphs
(1) through (3) of subsection (c), the Secretary shall submit to the appropriate committees of Congress a report setting forth a final evaluation and assessment of such pilot programs. The report shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such pilot programs.
SEC. 1655. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO
DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY
EVALUATION SYSTEM.
(a) Reports Required.--Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of corrective measures by the Department of Defense with respect to the Physical Disability Evaluation System (PDES) in response to the following:
(1) The report of the Inspector General of the Army on that system of March 6, 2007.
(2) The report of the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center.
(3) The report of the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes.
(b) Elements of Report.--Each report under subsection (a) shall include current information on the following:
(1) The total number of cases, and the number of cases involving combat disabled servicemembers, pending resolution before the Medical and Physical Disability Evaluation Boards of the Army, including information on the number of members of the Army who have been in a medical hold or holdover status for more than each of 100, 200, and 300 days.
(2) The status of the implementation of modifications to disability evaluation processes of the Department of Defense in response to the following:
(A) The report of the Inspector General on such processes dated March 6, 2007.
(B) The report of the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center.
(C) The report of the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after submitting a report under subsection (a), the Secretary shall post such report on the Internet website of the Department of Defense that is available to the public.
PART II--OTHER DISABILITY MATTERS
SEC. 1661. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR
MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1212 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``his years of service, but not more than 12, computed under section 1208 of this title'' in the matter preceding subparagraph (A) and inserting ``the member's years of service computed under section 1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection (c):
``(c)(1) The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes of subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for Disabilities Incurred in Combat Zones.--Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is further amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any death compensation to which a member's dependents become entitled after the member's death.''.
(c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date.
SEC. 1662. ELECTRONIC TRANSFER FROM THE DEPARTMENT OF DEFENSE
TO THE DEPARTMENT OF VETERANS AFFAIRS OF
DOCUMENTS SUPPORTING ELIGIBILITY FOR BENEFITS.
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and implement a mechanism to provide for the electronic transfer from the Department of Defense to the Department of Veterans Affairs of any Department of Defense documents (including Department of Defense form DD-214) necessary to establish or support the eligibility of a member of the Armed Forces for benefits under the laws administered by the Secretary of Veterans Affairs at the time of the retirement, separation, or release of the member from the Armed Forces.
SEC. 1663. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Comptroller General of the United States shall each submit to the congressional defense committees a report assessing the continuing utility of the temporary disability retired list in satisfying the purposes for which the temporary disability retired list was established. Each report shall include such recommendations for the modification or improvement of the temporary disability retired list as the Secretary or the Comptroller General, as applicable, considers appropriate in light of the assessment in such report.
Subtitle D--Improvement of Facilities Housing Patients
SEC. 1671. STANDARDS FOR MILITARY MEDICAL TREATMENT
FACILITIES, SPECIALTY MEDICAL CARE FACILITIES,
AND MILITARY QUARTERS HOUSING PATIENTS.
(a) Establishment of Standards.--The Secretary of Defense shall establish for the military facilities referred to in subsection (b) standards with respect to the matters set forth in subsection (c). The standards shall, to the maximum extent practicable--
(1) be uniform and consistent across such facilities; and
(2) be uniform and consistent across the Department of Defense and the military departments.
(b) Covered Military Facilities.--The military facilities referred to in this subsection are the military facilities of the Department of Defense and the military departments as follows:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for patients.
(c) Scope of Standards.--The standards required by subsection (a) shall include the following:
(1) Generally accepted standards for the accreditation of medical facilities, or for facilities used to quarter individuals that may require medical supervision, as applicable, in the United States.
(2) To the extent not inconsistent with the standards described in paragraph (1), minimally acceptable conditions for the following:
(A) Appearance and maintenance of facilities generally, including the structure and roofs of facilities.
(B) Size, appearance, and maintenance of rooms housing or utilized by patients, including furniture and amenities in such rooms.
(C) Operation and maintenance of primary and back-up facility utility systems and other systems required for patient care, including electrical systems, plumbing systems, heating, ventilation, and air conditioning systems, communications systems, fire protection systems, energy management systems, and other systems required for patient care.
(D) Compliance with Federal Government standards for hospital facilities and operations.
(E) Compliance of facilities, rooms, and grounds, to the maximum extent practicable, with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(F) Such other matters relating to the appearance, size, operation, and maintenance of facilities and rooms as the Secretary considers appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under subsection
(a), the Secretary shall specify a deadline for compliance with such standards by each facility referred to in subsection (b). The deadline shall be at the earliest date practicable after the date of the enactment of this Act, and shall, to the maximum extent practicable, be uniform across the facilities referred to in subsection (b).
(2) Investment.--In carrying out this section, the Secretary shall also establish guidelines for investment to be utilized by the Department of Defense and the military departments in determining the allocation of financial resources to facilities referred to in subsection (b) in order to meet the deadline specified under paragraph (1).
(e) Report.--
(1) In general.--Not later than December 30, 2007, the Secretary shall submit to the congressional defense committees a report on the actions taken to carry out this section.
(2) Elements.--The report under paragraph (1) shall include the following:
(A) The standards established under subsection (a).
(B) An assessment of the appearance, condition, and maintenance of each facility referred to in subsection (a), including--
(i) an assessment of the compliance of such facility with the standards established under subsection (a); and
(ii) a description of any deficiency or noncompliance in each facility with the standards.
(C) A description of the investment to be allocated to address each deficiency or noncompliance identified under subparagraph (B)(ii).
SEC. 1672. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY
MEDICAL CENTER.
(a) Reports Required.--Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the action plan of the Army to correct deficiencies identified in the condition of facilities, and in the administration of outpatients in medical hold or medical holdover status, at Walter Reed Army Medical Center (WRAMC) and at other applicable Army installations at which covered members of the Armed Forces are assigned.
(b) Elements of Report.--Each report under subsection (a) shall include current information on the following:
(1) The number of inpatients at Walter Reed Army Medical Center, and the number of outpatients on medical hold or in a medical holdover status at Walter Reed Army Medical Center, as a result of serious injuries or illnesses.
(2) A description of the lodging facilities and other forms of housing at Walter Reed Army Medical Center, and at each other Army facility, to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses, including--
(A) an assessment of the conditions of such facilities and housing; and
(B) a description of any plans to correct inadequacies in such conditions.
(3) The status, estimated completion date, and estimated cost of any proposed or ongoing actions to correct any inadequacies in conditions as described under paragraph (2).
(4) The number of case managers, platoon sergeants, patient advocates, and physical evaluation board liaison officers stationed at Walter Reed Army Medical Center, and at each other Army facility, to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses, and the ratio of case workers and platoon sergeants to outpatients for whom they are responsible at each such facility.
(5) The number of telephone calls received during the preceding 60 days on the Wounded Soldier and Family hotline (as established on March 19, 2007), a summary of the complaints or communications received through such calls, and a description of the actions taken in response to such calls.
(6) A summary of the activities, findings, and recommendations of the Army tiger team of medical and installation professionals who visited the major medical treatment facilities and community-based health care organizations of the Army pursuant to March 2007 orders, and a description of the status of corrective actions being taken with to address deficiencies noted by that team.
(7) The status of the ombudsman programs at Walter Reed Army Medical Center and at other major Army installations to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses.
(c) Posting on Internet.--Not later than 24 hours after submitting a report under subsection (a), the Secretary shall post such report on the Internet website of the Department of Defense that is available to the public.
SEC. 1673. CONSTRUCTION OF FACILITIES REQUIRED FOR THE
CLOSURE OF WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.
(a) Assessment of Acceleration of Construction of Facilities.--The Secretary of Defense shall carry out an assessment of the feasibility (including the cost-effectiveness) of accelerating the construction and completion of any new facilities required to facilitate the closure of Walter Reed Army Medical Center, District of Columbia, as required as a result of the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; U.S.C. 2687 note).
(b) Development and Implementation of Plan for Construction of Facilities.--
(1) In general.--The Secretary shall develop and carry out a plan for the construction and completion of any new facilities required to facilitate the closure of Walter Reed Army Medical Center as required as described in subsection
(a). If the Secretary determines as a result of the assessment under subsection (a) that accelerating the construction and completion of such facilities is feasible, the plan shall provide for the accelerated construction and completion of such facilities in a manner consistent with that determination.
(2) Submittal of plan.--The Secretary shall submit to the congressional defense committees the plan required by paragraph (1) not later than September 30, 2007.
(c) Certifications.--Not later than September 30, 2007, the Secretary shall submit to the congressional defense committees a certification of each of the following:
(1) That a transition plan has been developed, and resources have been committed, to ensure that patient care services, medical operations, and facilities are sustained at the highest possible level at Walter Reed Army Medical Center until facilities to replace Walter Reed Army Medical Center are staffed and ready to assume at least the same level of care previously provided at Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical Center will not result in a net loss of capacity in the major military medical centers in the National Capitol Region in terms of total bed capacity or staffed bed capacity.
(3) That the capacity and types of medical hold and out-patient lodging facilities currently operating at Walter Reed Army Medical Center will be available at the facilities to replace Walter Reed Army Medical Center by the date of the closure of Walter Reed Army Medical Center.
(4) That adequate funds have been provided to complete fully all facilities identified in the Base Realignment and Closure Business Plan for Walter Reed Army Medical Center submitted to the congressional defense committees as part of the budget justification materials submitted to Congress together with the budget of the President for fiscal year 2008 as contemplated in that business plan.
(d) Environmental Laws.--Nothing in this section shall require the Secretary or any designated representative to waive or ignore responsibilities and actions required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the regulations implementing such Act.
Subtitle E--Outreach and Related Information on Benefits
SEC. 1681. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON
COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS
INJURIES AND ILLNESSES.
(a) Information on Available Compensation and Benefits.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Commissioner of Social Security, develop and maintain in handbook and electronic form a comprehensive description of the compensation and other benefits to which a member of the Armed Forces, and the family of such member, would be entitled upon the member's separation or retirement from the Armed Forces as a result of a serious injury or illness. The handbook shall set forth the range of such compensation and benefits based on grade, length of service, degree of disability at separation or retirement, and such other factors affecting such compensation and benefits as the Secretary of Defense considers appropriate.
(b) Update.--The Secretary of Defense shall update the comprehensive description required by subsection (a), including the handbook and electronic form of the description, on a periodic basis, but not less often than annually.
(c) Provision to Members.--The Secretary of the military department concerned shall provide the descriptive handbook under subsection (a) to each member of the Armed Forces described in that subsection as soon as practicable following the injury or illness qualifying the member for coverage under that subsection.
(d) Provision to Representatives.--If a member is incapacitated or otherwise unable to receive the descriptive handbook to be provided under subsection (a), the handbook shall be provided to the next of kin or a legal representative of the member (as determined in accordance with regulations prescribed by the Secretary of the military department concerned for purposes of this section).
Subtitle F--Other Matters
SEC. 1691. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER
READJUSTMENT NEEDS OF MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN
OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM AND THEIR FAMILIES.
(a) Study Required.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, enter into an agreement with the National Academy of Sciences for a study on the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment.
(b) Phases.--The study required under subsection (a) shall consist of two phases:
(1) A preliminary phase, to be completed not later than 180 days after the date of the enactment of this Act--
(A) to identify preliminary findings on the physical and mental health and other readjustment needs described in subsection (a) and on gaps in care for the members, former members, and families described in that subsection; and
(B) to determine the parameters of the second phase of the study under paragraph (2).
(2) A second phase, to be completed not later than three years after the date of the enactment of this Act, to carry out a comprehensive assessment, in accordance with the parameters identified under the preliminary report required by paragraph (1), of the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment, including, at a minimum--
(A) an assessment of the psychological, social, and economic impacts of such deployment on such members and former members and their families;
(B) an assessment of the particular impacts of multiple deployments in Operation Iraqi Freedom or Operation Enduring Freedom on such members and former members and their families;
(C) an assessment of the full scope of the neurological, psychiatric, and psychological effects of traumatic brain injury (TBI) on members and former members of the Armed Forces, including the effects of such effects on the family members of such members and former members, and an assessment of the efficacy of current treatment approaches for traumatic brain injury in the United States and the efficacy of screenings and treatment approaches for traumatic brain injury within the Department of Defense and the Department of Veterans Affairs;
(D) an assessment of the effects of undiagnosed injuries such as post-traumatic stress disorder (PTSD) and traumatic brain injury, an estimate of the long-term costs associated with such injuries, and an assessment of the efficacy of screenings and treatment approaches for post-traumatic stress disorder and other mental health conditions within the Department of Defense and Department of Veterans Affairs;
(E) an assessment of the particular needs and concerns of female members of the Armed Forces and female veterans;
(F) an assessment of the particular needs and concerns of children of members of the Armed Forces, taking into account differing age groups, impacts on development and education, and the mental and emotional well being of children;
(G) an assessment of the particular needs and concerns of minority members of the Armed Forces and minority veterans;
(H) an assessment of the particular educational and vocational needs of such members and former members and their families, and an assessment of the efficacy of existing educational and vocational programs to address such needs;
(I) an assessment of the impacts on communities with high populations of military families, including military housing communities and townships with deployed members of the National Guard and Reserve, of deployments associated with Operation Iraqi Freedom and Operation Enduring Freedom, and an assessment of the efficacy of programs that address community outreach and education concerning military deployments of community residents;
(J) an assessment of the impacts of increasing numbers of older and married members of the Armed Forces on readjustment requirements;
(K) the development, based on such assessments, of recommendations for programs, treatments, or policy remedies targeted at preventing, minimizing or addressing the impacts, gaps and needs identified; and
(L) the development, based on such assessments, of recommendations for additional research on such needs.
(c) Populations To Be Studied.--The study required under subsection (a) shall consider the readjustment needs of each population of individuals as follows:
(1) Members of the regular components of the Armed Forces who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom.
(2) Members of the National Guard and Reserve who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom.
(3) Veterans of Operation Iraqi Freedom or Operation Enduring Freedom.
(4) Family members of the members and veterans described in paragraphs (1) through (3).
(d) Access to Information.--The National Academy of Sciences shall have access to such personnel, information, records, and systems of the Department of Defense and the Department of Veterans Affairs as the National Academy of Sciences requires in order to carry out the study required under subsection (a).
(e) Privacy of Information.--The National Academy of Sciences shall maintain any personally identifiable information accessed by the Academy in carrying out the study required under subsection (a) in accordance with all applicable laws, protections, and best practices regarding the privacy of such information, and may not permit access to such information by any persons or entities not engaged in work under the study.
(f) Reports by National Academy of Sciences.--Upon the completion of each phase of the study required under subsection (a), the National Academy of Sciences shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report on such phase of the study.
(g) DoD and VA Response to NAS Reports.--
(1) Preliminary response.--Not later than 45 days after the receipt of a report under subsection (f) on each phase of the study required under subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a preliminary joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The preliminary plan shall provide preliminary proposals on the matters set forth in paragraph
(3).
(2) Final response.--Not later than 90 days after the receipt of a report under subsection (f) on each phase of the study required under subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a final joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The final plan shall provide final proposals on the matters set forth in paragraph (3).
(3) Covered matters.--The matters set forth in this paragraph with respect to a phase of the study required under subsection (a) are as follows:
(A) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address gaps in care or services as identified by the National Academy of Sciences under such phase of the study.
(B) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address recommendations made by the National Academy of Sciences under such phase of the study.
(C) An estimate of the costs of implementing the modifications set forth under subparagraphs (A) and (B), set forth by fiscal year for at least the first five fiscal years beginning after the date of the plan concerned.
(4) Reports on responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report setting forth each joint plan developed under paragraphs (1) and (2).
(5) Public availability of responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall each make available to the public each report submitted to Congress under paragraph (4), including by posting an electronic copy of such report on the Internet website of the Department of Defense or the Department of Veterans Affairs, as applicable, that is available to the public.
(6) GAO audit.--Not later than 45 days after the submittal to Congress of the report under paragraph (4) on the final joint Department of Defense-Department of Veterans Affairs plan under paragraph (2), the Comptroller General of the United States shall submit to Congress a report assessing the contents of such report under paragraph (4). The report of the Comptroller General under this paragraph shall include--
(A) an assessment of the adequacy and sufficiency of the final joint Department of Defense-Department of Veterans Affairs plan in addressing the findings and recommendations of the National Academy of Sciences as a result of the study required under subsection (a);
(B) an assessment of the feasibility and advisability of the modifications of policy and practice proposed in the final joint Department of Defense-Department of Veterans Affairs plan;
(C) an assessment of the sufficiency and accuracy of the cost estimates in the final joint Department of Defense-Department of Veterans Affairs plan; and
(D) the comments, if any, of the National Academy of Sciences on the final joint Department of Defense-Department of Veterans Affairs plan.
(h) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Department of Defense such sums as may be necessary to carry out this section.
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.
It is the sense of Congress that--
(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 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 for 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 section:
``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the community
``(a) Plan Required.--The Secretary shall, for each veteran or member of the Armed Forces who receives inpatient or outpatient rehabilitation care from the Department for a traumatic brain injury--
``(1) develop an individualized plan for the rehabilitation and reintegration of such individual into the community; and
``(2) provide such plan in writing to such individual before such individual is discharged from inpatient care, following transition from active duty to the Department for outpatient care, or as soon as practicable following diagnosis.
``(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 such 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.
``(3) A description of specific rehabilitative treatments and other services to achieve the objectives described in paragraph (1), which description 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 the plan will be reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--
``(1) In general.--Each plan developed under subsection (a) shall be based upon a comprehensive assessment, developed in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and neuropsychological and social impairments of such individual; and
``(B) the family education and family support needs of such individual after discharge from inpatient care.
``(2) Formation.--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 from among, but not limited to, individuals with expertise in traumatic brain injury, including 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 prostetist.
``(P) An assistive technologist or rehabilitation engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An opthamologist.
``(T) A psychiatrist.
``(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, and coordination of such care, required by such subsection for such individual.
``(2) The Secretary shall ensure that such case manager has specific expertise in the care required by the individual to whom such case manager is designated, regardless of whether such 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 such plan requests such collaboration; or
``(B) in the case such individual is incapacitated, the family or guardian of such individual requests such collaboration.
``(3) In the case of a plan required by subsection (a) for a member of the Armed Forces who is 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 of a veteran under paragraph (1) at the request of such veteran, or in the case that such veteran is incapacitated, at the request of the guardian or the designee of such veteran.
``(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.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1710B the following new item:
``1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the community.''.
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 1710C, as added by section 1602 of this Act, the following new section:
``Sec. 1710D. Traumatic brain injury: use of non-Department facilities for rehabilitation
``(a) In General.--Subject to section 1710(a)(4) of this title and subsection (b) of this section, the Secretary shall provide rehabilitative treatment or services to implement a plan developed under section 1710C of this title at a non-Department facility with which the Secretary has entered into an agreement for such purpose, to an individual--
``(1) who is described in section 1710C(a) of this title; and
``(2)(A) to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or
``(B) for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation of such individual .
``(b) Standards.--The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.
``(c) Authorities of State Protection and Advocacy Systems.--With respect to the provision of rehabilitative treatment or services described in subsection (a) in a non-Department facility, a State designated protection and advocacy system established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) shall have the authorities described under such subtitle.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1710C, as added by section 1602 of this Act, the following new item:
``1710D. Traumatic brain injury: use of non-Department facilities for rehabilitation.''.
(c) Conforming Amendment.--Section 1710(a)(4) of such title is amended by inserting ``the requirement in section 1710D of this title that the Secretary provide certain rehabilitative treatment or services,'' after ``extended care services,''.
SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON
SEVERE TRAUMATIC BRAIN INJURY.
(a) Program Required.--Subchapter II of chapter 73 of title 38, United States Code, is amended by inserting after section 7330 the following new section:
``Sec. 7330A. Severe traumatic brain injury research, education, and clinical care program
``(a) Program Required.--The Secretary shall establish a program on research, education, and clinical care to provide intensive neuro-rehabilitation to veterans with a severe traumatic brain injury, including veterans in a minimally conscious state who would otherwise receive only long-term residential care.
``(b) Collaboration Required.--The Secretary shall establish the program required by subsection (a) in collaboration with the Defense and Veterans Brain Injury Center and other relevant programs of the Federal Government
(including other Centers of Excellence).
``(c) Education Required.--As part of the program required by subsection (a), the Secretary shall, in collaboration with the Defense and Veterans Brain Injury Center and any other relevant programs of the Federal Government (including other Centers of Excellence), conduct educational programs on recognizing and diagnosing mild and moderate cases of traumatic brain injury.
``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for each of fiscal years 2008 through 2012, $10,000,000 to carry out the program required by subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330 the following new item:
``7330A. Severe traumatic brain injury research, education, and clinical care program.''.
(c) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research to be conducted under the program required by section 7330A of title 38, United States Code, as added by subsection (a).
SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR
VETERANS WITH TRAUMATIC BRAIN INJURY.
(a) Pilot Program.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Defense and Veterans Brain Injury Center, carry out a 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) Duration of Program.--The pilot program shall be carried out during the five-year period beginning on the date of the commencement of the pilot program.
(c) 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 shall be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs; and
(B) any other locations shall be in areas that contain high concentrations of veterans with traumatic brain injury, as determined by the Secretary.
(2) Special consideration for veterans in rural areas.--Special consideration shall be given to provide veterans in rural areas with an opportunity to participate in the pilot program.
(d) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program, the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with a provider participating under a State plan or waiver under title XIX of such 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 this 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.
(e) Continuation of Case Management and Rehabilitation Services.--In carrying the pilot program under subsection
(a), the Secretary shall continue to provide each veteran who is receiving assisted living services under the pilot program with rehabilitative services and shall designate Department health-care employees to furnish case management services for veterans participating in the pilot program.
(f) Report.--
(1) In general.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the congressional veterans affairs committees 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.
(g) 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 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 ``congressional veterans affairs committees'' means--
(A) the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Veterans' Affairs of the House of Representatives.
(4) The term ``eligible veteran'' means a veteran who--
(A) is enrolled in the Department of Veterans Affairs health care system;
(B) has received treatment for traumatic brain injury from the Department of Veterans Affairs;
(C) is unable to manage routine activities of daily living without supervision and assistance; and
(D) could reasonably be expected to receive ongoing services after the end of the pilot program under this section under another government program or through other means.
(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out this section, $8,000,000 for each of fiscal years 2008 through 2013.
SEC. 1706. RESEARCH ON TRAUMATIC BRAIN INJURY.
(a) Inclusion of Research on Traumatic Brain Injury Under Ongoing Research Programs.--The Secretary of Veterans Affairs shall, in carrying out research programs and activities under the provisions of law referred to in subsection (b), ensure that such programs and activities include research on the sequelae of mild to severe forms of traumatic brain injury, including--
(1) research on visually-related neurological conditions;
(2) research on seizure disorders;
(3) research on means of improving the diagnosis, rehabilitative treatment, and prevention of such sequelae;
(4) research to determine the most effective cognitive and physical therapies for the sequelae of traumatic brain injury; and
(5) research on dual diagnosis of post-traumatic stress disorder and traumatic brain injury.
(b) Research Authorities.--The provisions of law referred to in this subsection are the following:
(1) Section 3119 of title 38, United States Code, relating to rehabilitation research and special projects.
(2) Section 7303 of such title, relating to research programs of the Veterans Health Administration.
(3) Section 7327 of such title, relating to research, education, and clinical activities on complex multi-trauma associated with combat injuries.
(c) Collaboration.--In carrying out the research required by subsection (a), the Secretary shall collaborate with facilities that--
(1) conduct research on rehabilitation for individuals with traumatic brain injury; and
(2) receive grants for such research from the National Institute on Disability and Rehabilitation Research of the Department of Education.
(d) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report describing in comprehensive detail the research to be carried out pursuant to subsection (a).
SEC. 1707. AGE-APPROPRIATE NURSING HOME CARE.
(a) 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. 1708. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE
FOR COMBAT SERVICE IN THE PERSIAN GULF WAR OR
FUTURE HOSTILITIES.
Section 1710(e)(3)(C) of title 38, United States Code, is amended by striking ``2 years'' and inserting ``5 years''.
SEC. 1709. MENTAL HEALTH: SERVICE-CONNECTION STATUS AND
EVALUATIONS FOR CERTAIN VETERANS.
(a) Presumption of Service-Connection of Mental Illness for Certain Veterans.--Section 1702 of title 38, United States Code, is amended--
(1) by striking ``psychosis'' and inserting ``mental illness''; and
(2) in the heading, by striking ``psychosis'' and inserting
``mental illness''.
(b) Provision of Mental Health Evaluations for Certain Veterans.--Upon the request of a veteran described in section 1710(e)(3)(C) of title 38, United States Code, the Secretary shall provide to such veteran a preliminary mental health evaluation as soon as practicable, but not later than 30 days after such request.
SEC. 1710. MODIFICATION OF REQUIREMENTS FOR FURNISHING
OUTPATIENT DENTAL SERVICES TO VETERANS WITH A
SERVICE-CONNECTED DENTAL CONDITION OR
DISABILITY.
Section 1712(a)(1)(B)(iv) of title 38, United States Code, is amended by striking ``90-day'' and inserting ``180-day''.
SEC. 1711. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-
RISK OF HOMELESSNESS FROM BECOMING HOMELESS.
(a) Demonstration Program.--The Secretary of Veterans Affairs shall carry out a demonstration program for the purpose of--
(1) identifying members of the Armed Forces on active duty who are at risk of becoming homeless after they are discharged or released from active duty; and
(2) providing referral, counseling, and supportive services, as appropriate, to help prevent such members, upon becoming veterans, from becoming homeless.
(b) Program Locations.--The Secretary shall carry out the demonstration program in at least three locations.
(c) Identification Criteria.--In developing and implementing the criteria to identify members of the Armed Forces, who upon becoming veterans, are at-risk of becoming homeless, the Secretary of Veterans Affairs shall consult with the Secretary of Defense and such other officials and experts as the Secretary considers appropriate.
(d) Contracts.--The Secretary of Veterans Affairs may enter into contracts to provide the referral, counseling, and supportive services required under the demonstration program with entities or organizations that meet such requirements as the Secretary may establish.
(e) Sunset.--The authority of the Secretary under subsection (a) shall expire on September 30, 2011.
(f) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for the purpose of carrying out the provisions of this section.
SEC. 1712. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES
PROGRAM OF THE 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 the National Guard or Reserve,'' 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
(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 assisted in applying for, any benefits and programs under such laws;''.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
SEC. 1801. SHORT TITLE.
This title may be cited as the ``National Guard Empowerment Act of 2007''.
SEC. 1802. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD
BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL
GUARD BUREAU.
(a) Expanded Authority.--
(1) In general.--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''.
(2) Purpose.--Subsection (b) of such section is amended by striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of Staff, and the commanders of the combatant commands of the United States, and (B) the Department of the Army and the Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of National Guard Bureau.--
(1) Advisory function on national guard matters.--Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting ``to the Secretary of Defense, to the Chairman of the Joint Chiefs of Staff,'' after
``principal adviser''.
(2) Grade.--Subsection (d) of such section is amended by striking ``lieutenant general'' and inserting ``general''.
(3) Annual report to congress on validated requirements.--Section 10504 of such title is amended by adding at the end the following new subsection:
``(c) Annual Report on Validated Requirements.--Not later than December 31 each year, the Chief of the National Guard Bureau shall submit to Congress a report on the following:
``(1) The requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year.
``(2) The requirements referred to in paragraph (1) for which funding is to be requested in the next budget for a fiscal year under section 10544 of this title.
``(3) The requirements referred to in paragraph (1) for which funding will not be requested in the next budget for a fiscal year under section 10544 of this title.''.
(c) Enhancement of Functions of National Guard Bureau.--
(1) Additional general functions.--Section 10503 of title 10, United States Code, is amended--
(A) by redesignating paragraph (12) as paragraph (13); and
(B) by inserting after paragraph (11) the following new paragraph (12):
``(12) Facilitating and coordinating with other Federal agencies, and with the several States, the use of National Guard personnel and resources for and in contingency operations, military operations other than war, natural disasters, support of civil authorities, and other circumstances.''.
(2) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section:
``Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities
``(a) Identification of Additional Necessary Assistance.--The Chief of the National Guard Bureau shall--
``(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and
``(2) make recommendations to the Secretary of Defense on programs and activities of the National Guard for military assistance to civil authorities to address such gaps.
``(b) Scope of Responsibilities.--In meeting the requirements of subsection (a), the Chief of the National Guard Bureau shall, in coordination with the adjutants general of the States, have responsibilities as follows:
``(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities.
``(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities.
``(3) To acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities.
``(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title.
``(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities.
``(6) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify.
``(c) Consultation.--The Chief of the National Guard Bureau shall carry out activities under this section in consultation with the Secretary of the Army and the Secretary of the Air Force.''.
(3) Budgeting for training and equipment for military assistance to civil authorities and other domestic missions.--Chapter 1013 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations
``(a) In General.--The budget justification documents materials submitted to Congress in support of the budget of the President for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) shall specify separate amounts for training and equipment for the National Guard for purposes of military assistance to civil authorities and for other domestic operations during such fiscal year.
``(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows:
``(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year.
``(2) The acquisition of equipment, materiel, and other supplies and services necessary for the provision of such assistance and such operations in such fiscal year.''.
(4) Limitation on increase in personnel of national guard bureau.--The Secretary of Defense shall, to the extent practicable, ensure that no additional personnel are assigned to the National Guard Bureau in order to address administrative or other requirements arising out of the amendments made by this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of title 10, United States Code, is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendments.--(A) 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 items:
``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to civil authorities.''.Q
(B) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item:
``10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.''.
SEC. 1803. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO
LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON
THE ACTIVE-DUTY LIST.
(a) Sense of Congress.--It is the sense of Congress that, whenever officers 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 of the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade.
(b) Proposal.--The Secretary of Defense shall submit to Congress a proposal for mechanisms to achieve the objective specified in subsection (a). The proposal shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in order to achieve that objective.
(c) Notice Accompanying Nominations.--The President shall include with each nomination of an officer to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active-duty list that is submitted to the Senate for consideration a certification that all reserve officers who were eligible for consideration for promotion to such grade were considered in the making of such nomination.
SEC. 1804. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT
GENERAL GRADE.
(a) Treatment of Service as Adjutant General as Joint Duty Experience.--
(1) Directors of army and air national guard.--Section 10506(a)(3) of title 10, United States Code, is amended--
(A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following new subparagraph (C):
``(C) Service of an officer as adjutant general shall be treated as joint duty experience for purposes of subparagraph
(B)(ii).''.
(2) Other officers.--The service of an officer of the Armed Forces as adjutant general, or as an officer (other than adjutant general) of the National Guard of a State who performs the duties of adjutant general under the laws of such State, shall be treated as joint duty or joint duty experience for purposes of any provisions of law required such duty or experience as a condition of promotion.
(b) Reports on Promotion of Reserve Major Generals to Lieutenant General Grade.--
(1) Review required.--The Secretary of the Army and the Secretary of the Air Force shall each conduct a review of the promotion practices of the military department concerned in order to identify and assess the practices of such military department in the promotion of reserve officers from major general grade to lieutenant general grade.
(2) Reports.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force shall each submit to the congressional defense committees a report on the review conducted by such official under paragraph (1). Each report shall set forth--
(A) the results of such review; and
(B) a description of the actions intended to be taken by such official to encourage and facilitate the promotion of additional reserve officers from major general grade to lieutenant general grade.
SEC. 1805. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF
THE UNITED STATES NORTHERN COMMAND BE FILLED BY
A QUALIFIED NATIONAL GUARD OFFICER.
(a) In General.--A position of Deputy Commander of the United States Northern Command shall be filled by a qualified officer of the National Guard who is eligible for promotion to the grade of lieutenant general.
(b) Purpose.--The purpose of the requirement in subsection
(a) is to ensure that information received from the National Guard Bureau regarding the operation of the National Guard of the several States is integrated into the plans and operations of the United States Northern Command.
SEC. 1806. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE
ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS
AND TERRORIST EVENTS.
(a) Requirement for Annual Plan.--Not later than March 1, 2008, and each March 1 thereafter, the Secretary of Defense, in consultation with 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).
(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.
(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. 1807. 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) 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 B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 2008''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama.......................... Anniston Army Depot $26,000,000
Redstone Arsenal... $20,000,000
Alaska........................... Fort Richardson.... $92,800,000
Fort Wainwright.... $114,500,000
Arizona.......................... Fort Huachuca...... $129,600,000
California....................... Fort Irwin......... $24,000,000
Presidio, Monterey. $28,000,000
Colorado......................... Fort Carson........ $156,200,000
Delaware......................... Dover Air Force $17,500,000
Base.
Florida.......................... Eglin Air Force $66,000,000
Base.
Miami Doral........ $237,000,000
Georgia.......................... Fort Benning....... $185,800,000
Fort Stewart/Hunter $123,500,000
Army Air Field.
Hawaii........................... Fort Shafter....... $31,000,000
Schofield Barracks. $88,000,000
Wheeler Army Air $51,000,000
Field.
Illinois......................... Rock Island Arsenal $3,350,000
Kansas........................... Fort Leavenworth... $90,800,000
Fort Riley......... $138,300,000
Kentucky......................... Fort Campbell...... $105,000,000
Fort Knox.......... $6,700,000
Louisiana........................ Fort Polk.......... $15,900,000
Maryland......................... Aberdeen Proving $12,200,000
Ground.
Michigan......................... Detroit Arsenal.... $18,500,000
Missouri......................... Fort Leonard Wood.. $125,650,000
Nevada........................... Hawthorne Army $11,800,000
Ammunition Plant.
New Mexico....................... White Sands Missile $71,000,000
Range.
New York......................... Fort Drum.......... $291,000,000
North Carolina................... Fort Bragg......... $275,600,000
Oklahoma......................... Fort Sill.......... $6,200,000
South Carolina................... Fort Jackson....... $85,000,000
Texas............................ Camp Bullis........ $1,600,000
Fort Bliss......... $111,900,000
Fort Hood.......... $145,400,000
Fort Sam Houston... $19,150,000
Red River Army $9,200,000
Depot.
Virginia......................... Fort Belvoir....... $13,000,000
Fort Eustis........ $75,000,000
Fort Lee........... $16,700,000
Fort Myer.......... $20,800,000
Washington....................... Fort Lewis......... $164,600,000
Yakima Training $29,000,000
Center.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Bulgaria.......................... Nevo Selo FOS....... $61,000,000
Germany........................... Grafenwoehr......... $62,000,000
Honduras.......................... Soto Cano Air Base.. $2,550,000
Italy............................. Vicenza............. $173,000,000
Korea............................. Camp Humphreys...... $57,000,000
Romania........................... Mihail Kogalniceanu $12,600,000
FOS.
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ansbach...................... 138...................... $52,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $365,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $5,218,067,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $3,254,250,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $295,150,000.
(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $333,947,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$419,400,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $742,920,000.
(6) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3485), $47,400,000.
(7) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289), as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5),
$102,000,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).
(2) $204,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289) (as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5)), for construction of a brigade complex for Fort Lewis, Washington).
(3) $37,000,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex operations support facility at Vicenza, Italy).
(4) $36,000,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex barracks and community support facility at Vicenza, Italy). SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.
(a) Termination of Inside the United States Projects.--The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289), as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5), is further amended--
(1) by striking the item relating to Redstone Arsenal, Alabama;
(2) by striking the item relating to Fort Wainwright, Alaska;
(3) in the item relating to Fort Irwin, California, by striking ``$18,200,000'' in the amount column and inserting
``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado, by striking ``$30,800,000'' in the amount column and inserting
``$24,000,000'';
(5) in the item relating to Fort Leavenworth, Kansas, by striking ``$23,200,000'' in the amount column and inserting
``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by striking
``$47,400,000'' in the amount column and inserting
``$37,200,000'';
(7) in the item relating to Fort Campbell, Kentucky, by striking ``$135,300,000'' in the amount column and inserting
``$115,400,000'';
(8) by striking the item relating to Fort Polk, Louisiana;
(9) by striking the item relating to Aberdeen Proving Ground, Maryland;
(10) by striking the item relating to Fort Detrick, Maryland;
(11) by striking the item relating to Detroit Arsenal, Michigan;
(12) in the item relating to Fort Leonard Wood, Missouri, by striking ``$34,500,000'' in the amount column and inserting ``$17,000,000'';
(13) by striking the item relating to Picatinny Arsenal, New Jersey;
(14) in the item relating to Fort Drum, New York, by striking ``$218,600,000'' in the amount column and inserting
``$209,200,000'';
(15) in the item relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in the amount column and inserting
``$89,000,000'';
(16) by striking the item relating to Letterkenny Depot, Pennsylvania;
(17) by striking the item relating to Corpus Christi Army Depot, Texas;
(18) by striking the item relating to Fort Bliss, Texas;
(19) in the item relating to Fort Hood, Texas, by striking
``$93,000,000'' in the amount column and inserting
``$75,000,000'';
(20) by striking the item relating to Red River Depot, Texas; and
(21) by striking the item relating to Fort Lee, Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act
(120 Stat. 2447) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,518,450,000'' and inserting ``$3,275,700,000''; and
(2) in paragraph (1), by striking ``$1,362,200,000'' and inserting ``$1,119,450,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.
(a) Modification.--The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485) is amended in the item relating to Fort Bragg, North Carolina, by striking ``$301,250,000'' in the amount column and inserting
``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act
(119 Stat. 3488) is amended by striking ``$77,400,000'' and inserting ``$84,400,000''.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Extension and Renewal.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2116), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------Installation or Location Project Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii........ Training facility... $35,542,000
------------------------------------------------------------------------
SEC. 2108. TECHNICAL AMENDMENTS TO THE MILITARY CONSTRUCTION
AUTHORIZATION ACT FOR 2007.
(a) Technical Amendment To Specify Location of Project in Romania.--The table in section 2101(b) of the Military Construction Authorization Act for 2007 (division B of Public Law 109-364; 120 Stat. 2446) is amended by striking ``Babadag Range'' and inserting ``Mihail Kogalniceanu Air Base''.
(b) Technical Amendment To Correct Printing Error Relating to Army Family Housing.--The table in section 2102(a) of the Military Construction Authorization Act for 2007 (division B of Public Law 109-364; 120 Stat. 2446) is amended by striking
``Fort McCoyine'' and inserting ``Fort McCoy''.
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY,
MIAMI-DORAL, FLORIDA.
(a) Ground Lease Authorized.--The Secretary of the Army may utilize the State of Florida property as described in sublease number 4489-01, entered into between the State of Florida and the United States (in this section referred to as the ``ground lease''), for the purpose of constructing a consolidated headquarters facility for the United States Southern Command (SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the Army may carry out the project to construct a new headquarters on property leased from the State of Florida when the following conditions have been met regarding the lease for the property:
(1) The United States Government shall have the right to use the property without interruption until at least December 31, 2055.
(2) The United States Government shall have the right to use the property for general administrative purposes in the event the United States Southern Command relocates or vacates the property.
(c) Authority To Obtain Ground Lease of Adjacent Property.--The Secretary may obtain the ground lease of additional real property owned by the State of Florida that is adjacent to the real property leased under the ground lease for purposes of completing the construction of the SOUTHCOM headquarters facility, as long as the additional terms of the ground lease required by subsection (b) apply to such adjacent property.
(d) Limitation.--The Secretary may not obligate or expend funds appropriated pursuant to the authorization of appropriations in section 2104(a)(1) for the construction of the SOUTHCOM headquarters facility authorized under section 2101(a) until the Secretary transmits to the congressional defense committees a modification to the ground lease signed by the United States Government and the State of Florida in accordance with subsection (b).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama....................... Outlying Field $9,560,000
Evergreen.
Arizona....................... Marine Corps Air $33,720,000
Station, Yuma.
California.................... Marine Corps Base, $366,394,000
Camp Pendleton.
Marine Corps Air $26,760,000
Station, Miramar.
Naval Station, San $23,630,000
Diego.
Marine Corps Base, $147,059,000
Twentynine Palms.
Connecticut................... Naval Submarine Base, $11,900,000
New London.
Florida....................... Marine Corps Logistics $7,570,000
Base, Blount Island.
Cape Canaveral........ $9,900,000
Naval Surface Warfare $13,870,000
Center, Panama City.
Hawaii........................ Marine Corps Air $37,961,000
Station, Kaneohe.
Naval Base, Pearl $99,860,000
Harbor.
Naval Shipyard, Pearl $30,200,000
Harbor.
Naval Station Pearl $65,410,000
Harbor, Wahiawa.
Illinois...................... Naval Training Center, $10,221,000
Great Lakes.
Indiana....................... Naval Support $12,000,000
Activity, Crane.
Maryland...................... Naval Air Warfare $38,360,000
Center, Patuxent
River.
Maine......................... Naval Shipyard, $9,700,000
Portsmouth.
Mississippi................... Naval Air Station, $6,770,000
Meridian.
Nevada........................ Naval Air Station, $11,460,000
Fallon.
New Jersey.................... Naval Air Station, $4,100,000
Lakehurst.
North Carolina................ Marine Corps Air $28,610,000
Station, Cherry Point.
Marine Corps Air $54,430,000
Station, New River.
Marine Corps Base, $278,070,000
Camp Lejeune.
Rhode Island.................. Naval Station, Newport $9,990,000
South Carolina................ Marine Corps Air $6,800,000
Station, Beaufort.
Marine Corps Recruit $55,282,000
Depot, Parris Island.
Texas......................... Naval Air Station, $14,290,000
Corpus Christi.
Virginia...................... Naval Support $8,450,000
Activity, Chesapeake.
Naval Station, Norfolk $79,560,000
Marine Corps Base, $50,519,000
Quantico.
Washington.................... Naval Station, $190,960,000
Bremerton.
Naval Station, Everett $10,940,000
Naval Air Station, $23,910,000
Whidbey Island.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Bahrain....................... Naval Support $35,500,000
Activity, Bahrain.
Diego Garcia.................. Naval Support $7,150,000
Facility, Diego
Garcia.
Djibouti...................... Camp Lemonier......... $22,390,000
Guam.......................... Naval Activities, Guam $273,518,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Unspecified Wharf Utilities $8,900,000
Upgrade.
Host Nation $2,700,000
Infrastructure.
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands......................... Naval Activities, Guam......... 73................... $47,167,000
----------------------------------------------------------------------------------------------------------------
(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) 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 Navy in the total amount of $3,032,790,000, as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $1,717,016,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $338,558,000.
(3) For military construction projects at unspecified worldwide locations authorized by section 2201(c),
$11,600,000.
(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $119,658,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$300,095,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $371,404,000.
(7) For the construction of increment 2 of the construction of an addition to the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2448),
$52,069,000.
(8) For the construction of increment 3 of recruit training barracks infrastructure upgrade at Recruit Training Command, Great Lakes, Illinois, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$16,650,000.
(9) For the construction of increment 3 of wharf upgrades at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$8,750,000.
(10) For the construction of increment 2 of the Bachelor Enlisted Quarters Homeport Ashore Program at Bremerton, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of increment 4 of the limited area production and storage complex at Naval Submarine Base Kitsap, Silverdale, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3493), $39,750,000.
(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) $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, as amended by subsection (b), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$2,109,367,000'' and inserting ``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000'' and inserting ``$674,182,000''.
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''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska........................ Elmendorf Air Force $83,180,000
Base.
Arizona....................... Davis-Monthan Air $11,200,000
Force Base.
Arkansas...................... Little Rock Air Force $9,800,000
Base.
California.................... Travis Air Force Base. $26,600,000
Colorado...................... Fort Carson........... $13,500,000
Schriever Air Force $24,500,000
Base.
United States Air $15,000,000
Force Academy.
District of Columbia.......... Bolling Air Force Base $2,500,000
Florida....................... Eglin Air Force Base.. $158,300,000
MacDill Air Force Base $57,000,000
Patrick Air Force Base $11,854,000
Tyndall Air Force Base $44,114,000
Georgia....................... Robins Air Force Base. $14,700,000
Hawaii........................ Hickam Air Force Base. $31,971,000
Illinois...................... Scott Air Force Base.. $24,900,000
Kansas........................ Fort Riley............ $12,515,000
Massachusetts................. Hanscom Air Force Base $12,800,000
Montana....................... Malmstrom Air Force $7,000,000
Base.
Nebraska...................... Offutt Air Force Base. $16,952,000
New Mexico.................... Cannon Air Force Base. $1,688,000
Kirtland Air Force $11,400,000
Base.
Nevada........................ Nellis Air Force Base. $4,950,000
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.
South Dakota.................. Ellsworth Air Force $16,600,000
Base.
Texas......................... Lackland Air Force $14,000,000
Base.
Utah.......................... Hill Air Force Base... $25,999,000
Wyoming....................... Francis E. Warren Air $14,600,000
Force Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany....................... Ramstein Air Base..... $48,209,000
Guam.......................... Andersen Air Force $10,000,000
Base.
Qatar......................... Al Udeid Air Base..... $22,300,000
Spain......................... Moron Air Base........ $1,800,000
United Kingdom................ Royal Air Force $17,300,000
Lakenheath.
Royal Air Force $41,000,000
Menwith Hill Station.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Classified.......... Classified Project.... $1,500,000
Classified-Special $13,940,000
Evaluation Program.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units, and in the amount set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
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(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $12,210,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $294,262,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,097,357,000, as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $754,123,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $140,609,000.
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c),
$15,440,000.
(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $61,103,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$362,747,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $688,335,000.
(7) For the construction of increment 3 of the main base runway at Edwards Air Force Base, California, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), $35,000,000.
(8) For the construction of increment 3 of the CENTCOM Joint Intelligence Center at MacDill Air Force Base, Florida, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), as amended by section 2305 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2456),
$25,000,000.
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE
NOT APPROPRIATED.
(a) Termination of Inside the United States Projects.--The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2453) is amended--
(1) in the item relating to Elmendorf, Alaska, by striking
``$68,100,000'' in the amount column and inserting
``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force Base, Arizona, by striking ``$11,800,000'' in the amount column and inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock Air Force Base, Arkansas;
(4) in the item relating to Travis Air Force Base, California, by striking ``$85,800,000'' in the amount column and inserting ``$73,900,000'';
(5) by striking the item relating to Peterson Air Force Base, Colorado;
(6) in the item relating to Dover Air Force, Delaware, by striking ``$30,400,000'' in the amount column and inserting
``$26,400,000'';
(7) in the item relating to Eglin Air Force Base, Florida, by striking ``$30,350,000'' in the amount column and inserting ``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base, Florida, by striking ``$8,200,000'' in the amount column and inserting ``$1,800,000'';
(9) in the item relating to Robins Air Force Base, Georgia, by striking ``$59,600,000'' in the amount column and inserting ``$38,600,000'';
(10) in the item relating to Scott Air Force, Illinois, by striking ``$28,200,000'' in the amount column and inserting
``$20,000,000'';
(11) by striking the item relating to McConnell Air Force Base, Kansas;
(12) by striking the item relating to Hanscom Air Force Base, Massachusetts;
(13) by striking the item relating to Whiteman Air Force Base, Missouri;
(14) by striking the item relating to Malmstrom Air Force Base, Montana;
(15) in the item relating to McGuire Air Force Base, New Jersey, by striking ``$28,500,000'' in the amount column and inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air Force Base, New Mexico;
(17) by striking the item relating to Minot Air Force Base, North Dakota;
(18) in the item relating to Altus Air Force Base, Oklahoma, by striking ``$9,500,000'' in the amount column and inserting ``$1,500,000'';
(19) by striking the item relating to Tinker Air Force Base, Oklahoma;
(20) by striking the item relating to Charleston Air Force Base, South Carolina;
(21) in the item relating to Shaw Air Force Base, South Carolina, by striking ``$31,500,000'' in the amount column and inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air Force Base, South Dakota;
(23) by striking the item relating to Laughlin Air Force Base, Texas;
(24) by striking the item relating to Sheppard Air Force Base, Texas;
(25) in the item relating to Hill Air Force Base, Utah, by striking ``$63,400,000'' in the amount column and inserting
``$53,400,000''; and
(26) by striking the item relating to Fairchild Air Force Base, Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act
(120 Stat. 2455) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,231,442,000'' and inserting ``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000'' and inserting ``$736,661,000''.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.
(a) Modification.--The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3494), as amended by section 2305(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2456), is further amended in the item relating to MacDill Air Force Base, Florida, by striking
``$101,500,000'' in the amount column and inserting
``$126,500,000''.
(b) Conforming Amendment.--Section 2304(b)(4) of the Military Construction Authorization Act for Fiscal Year 2006
(119 Stat. 3496), as amended by section 2305(b) of the Military Construction Authorization Act for Fiscal Year 2007
(120 Stat. 2456), is further amended by striking
``$23,300,000'' and inserting ``$48,300,000''.
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2116), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base, Family housing (250 $48,500,000
Arizona. units).
Vandenberg Air Force Base, Family housing (120 $30,906,000
California. units).
MacDill Air Force Base, Family housing (61 $21,723,000
Florida. units).
MacDill Air Force Base, Housing maintenance $1,250,000
Florida. 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 Family housing (167 $32,693,000
Base, North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany.... USAFE Theater $24,024,000
Aerospace Operations
Support Center.
------------------------------------------------------------------------
SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2464), shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Travis Air Force Base, 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.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following tables:
Defense Education Activity
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
North Carolina................ Marine Corps Base, $2,014,000
Camp Lejeune.
------------------------------------------------------------------------
Defense Intelligence Agency
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
District of Columbia.......... Bolling Air Force Base $1,012,000
------------------------------------------------------------------------
Defense Logistics Agency
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California.................... Port Loma Annex....... $140,000,000
Florida....................... Naval Air Station, Key $1,874,000
West.
Hawaii........................ Hickam Air Force Base. $26,000,000
New Mexico.................... Kirtland Air Force $1,800,000
Base.
Ohio.......................... Defense Supply Center $4,000,000
Columbus.
Pennsylvania.................. Defense Distribution $21,000,000
Depot, New Cumberland.
Virginia...................... Fort Belvoir.......... $5,000,000
------------------------------------------------------------------------
National Security Agency
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Maryland...................... Fort Meade............ $11,901,000
------------------------------------------------------------------------
Special Operations Command
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California.................... Marine Corps Base, $20,030,000
Camp Pendleton.
Naval Amphibious Base, $12,000,000
Coronado.
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, $28,210,000
Camp Lejeune.
Virginia...................... Dam Neck.............. $108,500,000
Naval Amphibious Base, $99,000,000
Little Creek.
Washington.................... Fort Lewis............ $77,000,000
------------------------------------------------------------------------
TRICARE Management Activity
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Florida....................... MacDill Air Force Base $5,000,000
Illinois...................... Naval Hospital, Great $99,000,000
Lakes.
New York...................... Fort Drum............. $41,000,000
Texas......................... Camp Bullis........... $7,400,000
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
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Belgium....................... Sterrebeek............ $5,992,000
Germany....................... Ramstein Air Base..... $5,393,000
Wiesbaden Air Base.... $20,472,000
------------------------------------------------------------------------
Special Operations Command
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Bahrain....................... Southwest Asia........ $19,000,000
Qatar......................... Al Udeid Air Base..... $52,852,000
------------------------------------------------------------------------
TRICARE Management Activity
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany....................... Spangdahlem Air Base.. $30,100,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(3), the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Classified Classified Project.... $1,887,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(7), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of
$70,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $1,944,529,000 as follows:
(1) For military construction projects inside the United States authorized by section 2401(a), $969,152,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $133,809,000.
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c),
$1,887,000.
(4) For unspecified minor military construction projects under section 2805 of title 10, United States Code,
$23,711,000.
(5) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
(6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $154,728,000.
(7) For energy conservation projects authorized by section 2402 of this Act, $70,000,000.
(8) For military family housing functions:
(A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $48,848,000.
(B) For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $500,000.
(9) For the construction of increment 3 of the regional security operations center at Kunia, Hawaii, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3497), as amended by section 7017 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485), $136,318,000.
(10) For the construction of increment 3 of the regional security operations center at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3497), as amended by section 7016 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485), $100,000,000.
(11) For the construction of increment 2 of the health clinic replacement at MacDill Air Force Base, Florida, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457), $41,400,000.
(12) For the construction of increment 2 of the replacement of the Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457),
$150,000,000.
(13) For the construction of increment 9 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $69,017,000.
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES
PROJECTS.
(a) Termination of Inside the United States Projects for Which Funds Were Not Appropriated.--The table relating to Special Operations Command in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457) is amended--
(1) by striking the item relating to Stennis Space Center, Mississippi; and
(2) in the item relating to Fort Bragg, North Carolina, by striking ``$51,768,000'' in the amount column and inserting
``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base Closure and Realignment Activities.--Section 2405(a)(7) of that Act (120 Stat. 2460) is amended by striking
``$191,220,000'' and inserting ``$252,279,000''.
(c) Modification of Certain Inside the United States Project.--Section 2405(a)(15) of that Act (120 Stat. 2461) is amended by striking ``$99,157,000'' and inserting
``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act, as amended by subsections (a) through (c), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$7,163,431,000'' and inserting ``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000'' and inserting ``$515,999,000''.
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2116), authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Wide: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. tank.
Naval Air Station, TMA hospital project.. $28,438,000
Jacksonville, Florida.
------------------------------------------------------------------------
SEC. 2406. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS
ARMY DEPOT, KENTUCKY, AND PUEBLO CHEMICAL
ACTIVITY, COLORADO.
(a) Authority To Increase Amount for Construction of Munitions Demilitarization Facility, Blue Grass Army Depot, Kentucky.--Pursuant to the authority granted for this project 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 amount authorized to be appropriated by section 2403(14) of this Act for the construction of increment 8 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, may, subject to the approval of the Secretary of Defense, be increased by up to $17,300,000 using funds from the amounts authorized to be appropriated by section 2403(1) of this Act.
(b) Authority To Increase Amount for Construction of Munitions Demilitarization Facility, Pueblo Chemical Activity, Colorado.--Pursuant to the authority granted for this project 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 amount authorized to be appropriated by section 2403(14) of this Act for the construction of increment 9 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado may, subject to the approval of the Secretary of Defense, be increased by up to $32,000,000 using funds from the amounts authorized to be appropriated by section 2403(1) of this Act.
(c) Certification Requirement.--Prior to exercising the authority provided in subsection (a) or (b), the Secretary of Defense shall provide to the congressional defense committees the following:
(1) Certification that the increase in the amount authorized to be appropriated--
(A) is in the best interest of national security; and
(B) will facilitate compliance with the deadline set forth in subsection (d)(1).
(2) A statement that the increased amount authorized to be appropriated will be used to carry out authorized military construction activities.
(3) A notification of the action in accordance with section 2811.
(d) Deadline for Destruction of Chemical Agents and Munitions Stockpile.--
(1) Deadline.--Notwithstanding any other provision of law, the Department of Defense shall complete work on the destruction of the entire United States stockpile of lethal chemical agents and munitions, including those stored at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado, by the deadline established by the Chemical Weapons Convention, and in no circumstances later than December 31, 2017.
(2) Report.--
(A) In general.--Not later than December 31, 2007, and every 180 days thereafter, the Secretary of Defense shall submit to the parties described in paragraph (2) a report on the progress of the Department of Defense toward compliance with this subsection.
(B) Parties receiving report.--The parties referred to in paragraph (1) are the Speaker of the House of the Representatives, the Majority and Minority Leaders of the House of Representatives, the Majority and Minority Leaders of the Senate, and the congressional defense committees.
(C) Content.--Each report submitted under subparagraph (A) shall include the updated and projected annual funding levels necessary to achieve full compliance with this subsection. The projected funding levels for each report shall include a detailed accounting of the complete life-cycle costs for each of the chemical disposal projects.
(3) Chemical weapons convention defined.--In this subsection, the term ``Chemical Weapons Convention'' means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103-21).
(4) Applicability; rule of construction.--This subsection shall apply to fiscal year 2008 and each fiscal year thereafter, and shall not be modified or repealed by implication.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $201,400,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations, and in the amounts, set forth in the following table:
Army National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama....................... Springville........... $3,300,000
Arkansas...................... Camp Robinson......... $23,923,000
Arizona....................... Florence.............. $10,870,000
California.................... Sacramento Army Depot. $21,000,000
Camp Roberts.......... $2,850,000
Connecticut................... Niantic............... $13,600,000
Florida....................... Jacksonville.......... $12,200,000
Idaho......................... Gowen Field........... $7,615,000
Orchard Training Area. $1,700,000
Illinois...................... St. Clair County...... $8,100,000
Iowa.......................... Iowa City............. $13,186,000
Michigan...................... Camp Grayling......... $2,450,000
Lansing............... $4,239,000
Minnesota..................... Camp Ripley........... $4,850,000
Mississippi................... Camp Shelby........... $4,000,000
Missouri...................... Whiteman Air Force $30,000,000
Base.
North Dakota.................. Camp Grafton.......... $33,416,000
Oregon........................ Ontario............... $11,000,000
Pennsylvania.................. Carlisle.............. $7,800,000
East Fallowfield $8,300,000
Township.
Fort Indiantown Gap... $9,500,000
Gettysburg............ $6,300,000
Graterford............ $7,300,000
Hanover............... $5,500,000
Hazelton.............. $5,600,000
Holidaysburg.......... $9,400,000
Huntingdon............ $7,500,000
Kutztown.............. $6,800,000
Lebanon............... $7,800,000
Philadelphia.......... $13,650,000
Rhode Island.................. East Greenwich........ $8,200,000
North Kingstown....... $33,000,000
Texas......................... Camp Bowie............ $1,500,000
Fort Wolters.......... $2,100,000
Utah.......................... North Salt Lake....... $12,200,000
Vermont....................... Ethan Allen Range..... $1,996,000
Virginia...................... Fort Pickett.......... $26,211,000
Winchester............ $3,113,000
West Virginia................. Camp Dawson........... $4,500,000
Wyoming....................... Camp Guernsey......... $2,650,000
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(B), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations, and in the amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Fort Hunter Liggett... $7,035,000
Garden Grove.......... $25,440,000
Montana....................... Butte................. $7,629,000
New Jersey.................... Fort Dix.............. $17,000,000
New York...................... Fort Drum............. $15,923,000
Texas......................... Ellington Field....... $15,000,000
Fort Worth............ $15,076,000
Wisconsin..................... Ellsworth............. $9,100,000
Fort McCoy............ $8,523,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Miramar............... $5,580,000
Michigan...................... Selfridge............. $4,030,000
Ohio.......................... Wright-Patterson Air $10,277,000
Force Base.
Oregon........................ Portland.............. $1,900,000
South Dakota.................. Sioux Falls........... $3,730,000
Texas......................... Austin................ $6,490,000
Fort Worth............ $22,514,000
Virginia...................... Quantico.............. $2,410,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(A), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations, and in the amounts, set forth in the following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Colorado...................... Buckley Air National $7,300,000
Guard Base.
Delaware...................... New Castle............ $10,800,000
Georgia....................... Savannah International $9,000,000
Airport.
Indiana....................... Hulman Regional $7,700,000
Airport.
Kansas........................ Smoky Hill Air $9,000,000
National Guard Range.
Louisiana..................... Camp Beauregard....... $1,800,000
Massachusetts................. Otis Air National $1,800,000
Guard Base.
New Hampshire................. Pease Air National $8,900,000
Guard Base.
Nebraska...................... Lincoln............... $8,900,000
Nevada........................ Reno-Tahoe $5,200,000
International Airport.
New York...................... Gabreski Airport...... $8,400,000
Pennsylvania.................. Fort Indiantown Gap... $12,700,000
Rhode Island.................. Quonset State Airport. $5,000,000
South Dakota.................. Joe Foss Field........ $7,900,000
Tennessee..................... McGhee-Tyson Airport.. $3,200,000
Memphis International $11,376,000
Airport.
Vermont....................... Burlington............ $6,600,000
West Virginia................. Eastern West Virginia $50,776,000
Regional Airport-
Shepherd Field.
Yeager................ $17,300,000
Wisconsin..................... Truax Field........... $7,300,000
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(B), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations, and in the amounts, set forth in the following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alaska........................ Elmendorf Air Force $14,950,000
Base.
Utah.......................... Hill Air Force Base... $3,200,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$458,515,000; and
(B) for the Army Reserve, $134,684,000.
(2) For the Department of the Navy, for the Navy and Marine Corps Reserve, $59,150,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$216,417,000; and
(B) for the Air Force Reserve, $26,559,000.
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS
WERE NOT APPROPRIATED.
Section 2601 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2463) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$561,375,000'' and inserting ``$476,697,000''; and
(B) in subparagraph (B), by striking ``$190,617,000'' and inserting ``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000'' and inserting ``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$294,283,000'' and inserting ``$133,983,000''; and
(B) in subparagraph (B), by striking ``$56,836,000'' and inserting ``$47,436,000''.
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2006 AIR FORCE RESERVE CONSTRUCTION AND
ACQUISITION PROJECTS.
Section 2601(3)(B) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3501) is amended by striking
``$105,883,000'' and inserting ``$102,783,000''.
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2116), the authorizations set forth in the tables in subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Dublin, California............ Readiness center...... $11,318,000
Gary, Indiana................. Reserve center........ $9,380,000
------------------------------------------------------------------------
Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Storage facility...... $9,038,000
Texas.
------------------------------------------------------------------------
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), the authorizations set forth in the table in subsection (b), as provided in section 2601 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2464), shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Albuquerque, New Mexico....... Readiness center...... $2,533,000
Fort Indiantown Gap, Multipurpose training $15,338,000
Pennsylvania. range.
------------------------------------------------------------------------
SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED STATES
ARMY RESERVE CENTER AND NAVY-MARINE CORPS
RESERVE CENTER, BATON ROUGE, LOUISIANA.
For the purpose of siting an Army Reserve Center and Navy-Marine Corps Reserve Center for which funds are authorized to be appropriated in this Act in Baton Rouge, Louisiana, the Secretary of the Army may use land under the control of the State of Louisiana adjacent to, or in the vicinity of the Baton Rouge airport, Baton Rouge, Louisiana at a location determined by the Secretary to be in the best interest of national security and in the public interest.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $220,689,000, as follows:
(1) For the Department of the Army, $73,716,000.
(2) For the Department of the Air Force, $143,260,000.
(3) For the Defense Agencies, $3,713,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $8,718,988,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the total amount of $8,174,315,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force, $1,183,812,000.
(4) For the Defense Agencies, $2,241,062,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.
For military construction projects carried out using amounts appropriated pursuant to the authorization of appropriations in sections 2701 and 2703 of this title and section 2405(a)(8) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2460), section 2853 of title 10, United States Code, shall apply for variations to the cost and scope of work for each military construction project requested to the congressional defense committees as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2007 and 2008 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
SEC. 2801. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take effect on the later of--
(1) October 1, 2007; or
(2) the date of the enactment of this Act.
SEC. 2802. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 2011 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Subtitle B--Military Construction Program and Military Family Housing
Changes
SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon a determination by the Secretary of a military department, or with respect to the Defense Agencies, the Secretary of Defense, that such action is necessary in the national interest, the Secretary concerned may transfer amounts of authorizations made available to that military department or Defense Agency in this division for fiscal year 2008 between any such authorizations for that military department or Defense Agency for that fiscal year. Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) Aggregate limit.--The aggregate amount of authorizations that the Secretaries concerned may transfer under the authority of this section may not exceed
$200,000,000.
(b) Limitation.--The authority provided by this section to transfer authorizations may only be used to fund increases in the cost or scope of military construction projects that have been authorized by law.
(c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary concerned shall promptly notify Congress of each transfer made by that Secretary under subsection (a).
SEC. 2812. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY
FAMILY HOUSING.
(a) Increased Maximum Lease Amount Applicable to Certain Domestic Army Family Housing Leases.--Subsection (b) of section 2828 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (7)'';
(2) in paragraph (5), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (7)''; and
(3) by adding at the end the following new paragraph:
``(7)(A) Not more than 600 housing units may be leased by the Secretary of the Army under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect under paragraph (2) but does not exceed $18,620 per unit per year, as adjusted from time to time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A) shall apply only to Army family housing in areas designated by the Secretary of the Army.
``(C) The term of a lease under subparagraph (A) may not exceed 2 years.''.
(b) Increased Maximum Lease Amount Applicable to Foreign Military Family Housing Leases.--Subsection (e) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
(B) by striking the second sentence; and
(C) by adding at the end the following new subparagraph:
``(B)(i) Subject to clause (ii), the maximum lease amounts in subparagraph (A) may be waived and increased up to a maximum of $100,000 per unit per year.
``(ii) The Secretary concerned may not exercise the waiver authority under clause (i) until the Secretary has notified the congressional defense committees of such proposed waiver and the reasons therefor and a period of 21 days has elapsed or, if over sooner, 14 days after such notice is provided in an electronic medium pursuant to section 480 of this title.'';
(2) in paragraph (2), by striking ``the Secretary of the Navy may lease not more than 2,800 units of family housing in Italy, and the Secretary of the Army may lease not more than 500 units of family housing in Italy'' and inserting ``the Secretaries of the military departments may lease not more than 3,300 units of family housing in Italy''; and
(3) in paragraph (4), by striking ``$35,000'' and inserting
``$35,050''.
(c) Increased Threshold for Congressional Notification for Foreign Military Family Housing Leases.--Subsection (f) of such section is amended by striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code, is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2007.
SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), and section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), is further amended--
(1) in subsection (a), by striking ``2007'' and inserting
``2008''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``(1) The total'' and inserting ``The total''; and
(B) by striking paragraphs (2) and (3).
SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF
DEPARTMENT OF DEFENSE LABORATORIES THROUGH
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS.
(a) Laboratory Revitalization.--For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend--
(1) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $1,000,000; or
(2) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law, amounts necessary to carry out an unspecified minor military construction project costing not more than
$2,500,000.
(b) Fiscal Year Limitation Applicable to Individual Laboratories.--For purposes of this section, the total amount allowed to be applied in any one fiscal year to projects at any one laboratory shall be limited to the larger of the amounts applicable under subsection (a).
(c) Laboratory Defined.--In this section, the term
``laboratory'' includes--
(1) a research, engineering, and development center;
(2) a test and evaluation activity; and
(3) any buildings, structures, or facilities located at and supporting such center or activity.
(d) Sunset.--The authority to carry out a project under this section expires on September 30, 2012.
SEC. 2816. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE
MINOR MILITARY CONSTRUCTION AUTHORITY FOR
CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.
(a) Extension.--Subsection (e) of section 2810 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3510) is amended by striking ``September 30, 2007'' and inserting ``September 30, 2009''.
(b) Report Required.--Subsection (d) of such section is amended to read as follows:
``(d) Reports Required.--Not later than March 1, 2007, and March 1, 2009, the Secretary of Defense shall submit to the congressional committees reports on the program authorized by this section. Each report shall include a list and description of the construction projects carried out under the program, including the location and cost of each project.''.
SEC. 2817. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION
PAYMENTS FOR FACILITY EXCHANGES.
Section 2809(c)(5) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2127) is amended by striking ``September 30, 2007'' and inserting
``September 30, 2010''.
SEC. 2818. 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)''.
Subtitle C--Real Property and Facilities Administration
SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RESULTING IN
ANNUAL COSTS OF MORE THAN $750,000.
Section 2662(a)(1) of title 10, United States Code, is amended--
(1) by striking ``or his designee'' and inserting ``or the Secretary's designee, or with respect to a Defense Agency, the Secretary of Defense or the Secretary's designee''; and
(2) by adding at the end the following new subparagraph:
``(G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual rental or cost for the use of the real property is more than $750,000.''.
SEC. 2832. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS
PROPERTY.
(a) Increased Use of Competitive Procedures for Selection of Certain Lessees.--Section 2667(h)(1) of title 10, United States Code, is amended by striking ``exceeds one year, and the fair market value of the lease'' and inserting ``exceeds one year, or the fair market value of the lease''.
(b) Modification of Authorities Related to Facilities Operation Support.--
(1) Elimination of authority to accept facilities operation support as in-kind consideration.--Section 2667(c)(1) of title 10, United States Code, is amended--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subparagraph (D).
(2) Elimination of authority to use rental and certain other proceeds for facilities operation support.--Section 2667(e)(1)(C) of title 10, United States Code, is amended by striking clause (iv).
(c) Technical Amendments.--Section 2667(e) of title 10, United States Code, is further amended--
(1) in paragraph (1)(B)(ii), by striking ``paragraph (4),
(5), or (6)'' and inserting ``paragraph (3), (4), or (5)''; and
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5).
SEC. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND BUFFER
ZONES.
Section 2684a(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new paragraph:
``(3) Subject to the availability of appropriations for such purpose, an agreement with an eligible entity under subsection (a)(2) may provide for the management of natural resources and the contribution by the United States towards natural resource management costs on any real property in which a military department has acquired any right title or interest in accordance with paragraph (1)(A) where there is a demonstrated need to preserve or restore habitat for purposes of subsection (a)(2).''; and
(3) in paragraph (4)(C), as redesignated by paragraph (1), by striking ``paragraph (4)'' and inserting ``paragraph (5), unless the Secretary concerned certifies in writing to the Committees on Armed Services of the Senate and the House of Representatives that the military value to the United States as a result of the acquisition of such property or interest in property justifies the payment of costs in excess of the fair market value of such property or interest. Such certification shall include a detailed description of the military value to be obtained in each such case. The Secretary concerned may not acquire such property or interest until 14 days after the date on which the certification is provided to the Committees or, if earlier, 10 days after the date on which a copy of such certification is provided in an electronic medium pursuant to section 480 of this title''.
SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL
RANGES.
(a) Report on Utilization and Potential Expansion of Army Operational Ranges.--Section 2827(c) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2479) is amended--
(1) in paragraph (1), by striking ``February 1, 2007'' and inserting ``December 31, 2007''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (iv) and (v) to read as follows:
``(iv) the proposal contained in the budget justification materials submitted in support of the Department of Defense budget for fiscal year 2008 to increase the size of the active component of the Army to 547,400 personnel by the end of fiscal year 2012; or
``(v) high operational tempos or surge requirements.''; and
(B) by adding at the end the following new subparagraphs:
``(F) An analysis of the cost of, potential military value of, and potential legal or practical impediments to, the expansion of the Joint Readiness Training Center at Fort Polk, Louisiana, through the acquisition of additional land adjacent to or in the vicinity of the installation that is under the control of the United States Forest Service.
``(G) An analysis of the impact of the proposal described in subparagraph (B)(iv) on the plan developed prior to such proposal to relocate forces from Germany to the United States and vacate installations in Germany as part of the Integrated Global Presence and Basing Strategy, including a comparative analysis of--
``(i) the projected utilization of the Army's three combat training centers if all of the six light infantry brigades proposed to be added to the active component of the Army would be based in the United States; and
``(ii) the projected utilization of such ranges if at least one of those six brigades would be based in Germany.
``(H) If the analysis required by subparagraph (G) indicates that the Joint Multi-National Readiness Center in Hohenfels, Germany, or the Army's training complex at Grafenwoehr, Germany, would not be fully utilized under the basing scenarios analyzed, an estimate of the cost to replicate the training capability at that center in another location.''.
(b) Report on Potential Expansion of Marine Corps Operational Ranges.--
(1) Report required.--Not later than December 31, 2007, the Secretary of the Navy shall submit to the congressional defense committees a report containing an assessment of the operational ranges used to support training and range activities of the Marine Corps.
(2) Content.--The report required under paragraph (1) shall include the following information:
(A) The size, description, and mission-essential tasks supported by each major Marine Corps operational range during fiscal year 2003.
(B) A description of the projected changes in Marine Corps operational range requirements, including the size, characteristics, and attributes for mission-essential activities at each range and the extent to which any changes in requirements are a result of the proposal contained in the fiscal year 2008 budget request to increase the size of the active component of the Marine Corps to 202,000 personnel by the end of fiscal year 2012.
(C) The projected deficit or surplus of land at each major Marine Corps operational range, and a description of the Secretary's plan to address that projected deficit or surplus of land as well as the upgrade of range attributes at each existing Marine Corps operational range.
(D) A description of the Secretary's prioritization process and investment strategy to address the potential expansion or upgrade of Marine Corps operational ranges.
(E) An analysis of alternatives to the expansion of Marine Corps operational ranges, including an assessment of the joint use of operational ranges under the jurisdiction, custody, or control of the Secretary of another military department.
(F) An analysis of the cost of, potential military value of, and potential legal or practical impediments to, the expansion of Marine Corps Base, Twentynine Palms, California, through the acquisition of additional land adjacent to or in the vicinity of that installation that is under the control of the Bureau of Land Management.
(3) Definitions.--In this subsection:
(A) The term ``Marine Corps operational range'' has the meaning given the term ``operational range'' in section 101(e)(3) of title 10, United States Code, except that the term is limited to operational ranges under the jurisdiction, custody, or control of the Secretary of the Navy that are used by or available to the United States Marine Corps.
(B) The term ``range activities'' has the meaning given that term in section 101(e)(2) of such title.
SEC. 2835. CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT
SUBSTANTIVE CHANGE.
(a) Consolidation.--Section 2663 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(h) Options for Military Construction Projects.--
``(1) Authority.--The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the department.
``(2) Consideration.--As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the department for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.''.
(b) Conforming Amendments.--
(1) Repeal of superseded authority.--Section 2677 of such title is repealed.
(2) Clerical amendment.--The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2677.
Subtitle D--Base Closure and Realignment
SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than December 1, 2007, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a detailed plan of the current and future aviation assets that the Secretary expects will be based at Niagara Air Reserve Base, New York. The report shall include a description of all of the aviation assets that will be impacted by the series of relocations to be made to or from Niagara Air Reserve Base and the timeline for such relocations. SEC. 2842. 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.
SEC. 2843. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO
FORT MEADE, MARYLAND.
(a) Authority to Carry Out Relocation Agreement.--If deemed to be in the best interest of national security and to the physical protection of personnel and missions of the Department of Defense, 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, subject to an agreement between the lease holder and the Department of Defense for 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 must 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.
Subtitle E--Land Conveyances
SEC. 2851. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN
HAVEN, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force may convey to Florida State University (in this section referred to as the ``University'') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 40 acres located at the Lynn Haven Fuel Depot in Lynn Haven, Florida, as a public benefit conveyance for the purpose of permitting the University to develop the property as a new satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property under subsection (a), the University shall provide the United States with consideration in an amount that is acceptable to the Secretary, whether in the form of cash payment, in-kind consideration, or a combination thereof.
(2) Reduced tuition rates.--The Secretary may accept as in-kind consideration under paragraph (1) reduced tuition rates or scholarships for military personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the University to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the University in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the University.
(2) Treatment of amounts received.--Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
(f) Additional Term and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsections (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2852. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT
BRAGG, NORTH CAROLINA.
(a) Requirement To Convey Tract No. 404-1 Property Without Consideration.--Section 2836 of the Military Construction Authorization Act for Fiscal Year 1998 (111 Stat. 2005) is amended--
(1) in subsection (a)(3), by striking ``at fair market value'' and inserting ``without consideration'';
(2) by amending subsection (b)(2) to read as follows:
``(2) The conveyances under paragraphs (2) and (3) of subsection (a) shall be subject to the condition that the County develop and use the conveyed properties for educational purposes and the construction of public school structures.''; and
(3) by amending subsection (c)(2) to read as follows:
``(2) If the Secretary determines at any time that the real property conveyed under paragraph (2) or paragraph (3) of subsection (a) is not being used in accordance with subsection (b)(2), all right, title, and interest in and to the property conveyed under such paragraph, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is further amended by inserting at the end the following new subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1 Property.--
``(1) Payment required.--The Secretary shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(3), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
``(2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.''.
SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, GSA
PROPERTY, SPRINGFIELD, VIRGINIA.
(a) Transfer Authorized.--The Administrator of General Services (in this section referred to as ``the Administrator'') may transfer to the administrative jurisdiction of the Secretary of the Army a parcel of real property consisting of approximately 69.5 acres and containing warehouse facilities in Springfield, Virginia, known as the ``GSA Property'' for the purpose of permitting the Secretary to construct facilities on the property to support administrative functions to be located at Fort Belvoir, Virginia.
(b) Consideration.--
(1) In general.--As consideration for the property to be transferred by the Administrator, the Secretary of the Army shall--
(A) pay all reasonable costs to move furnishings, equipment, and other material related to the relocation of functions identified by the Administrator;
(B) if deemed necessary by the Administrator, transfer to the administrative jurisdiction of the Administrator a parcel of property in the National Capital Region determined to be suitable to the Administrator;
(C) if deemed necessary by the Administrator, design and construct storage facilities, utilities, security measures, and access to a road infrastructure on the parcel to meet the requirements of the Administrator; and
(D) if deemed necessary by the Administrator, enter into a memorandum of agreement with the Administrator for support services and security at the new facilities constructed pursuant to subsection (a).
(2) Fair market value limitation.--The consideration provided by the Secretary under paragraph (1) may not exceed the fair market value of the property transferred by the Administrator under subsection (a).
(c) Administration of Transferred Property.--Upon completion of the transfer under subsection (a), the transferred property shall be administered by the Secretary as a part of Fort Belvoir, Virginia.
(d) Description of Property.--The exact acreage and legal description of the property or properties to be conveyed under this section shall be determined by surveys satisfactory to the Administrator and the Secretary.
(e) Status Report.--Not later than November 30, 2007, the Administrator and the Secretary shall jointly submit to the congressional defense committees a report on the status and estimated costs of the transfer under subsection (a).
SEC. 2854. 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 Native American education and training.
(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) The United Tribes Technical College applies to the Secretary for the release of the reversionary interest.
(C) 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. 2855. 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 (h).
(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.
(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 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 of the Coast Guard 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 without further appropriation and shall remain available 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 City shall remediate any and all contaminants existing on their respective properties to levels required by applicable state and Federal 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 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 maps, entitled ``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 of Detroit.
(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 an exchange authorized by this section shall expire 3 years after the date of enactment of this Act.
SEC. 2856. 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, consisting of approximately 50 acres 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 Response.--The Secretary of Defense shall manage and carry out environmental response activities with respect to the property described in subsection (b) as expeditiously as possible, consistent with the Department's prioritization of formerly used Defense sites based on risk and the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Solid Waste Disposal Act, using amounts made available from the account established by section 2703(a)(5) of title 10, United States Code.
(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.).
SEC. 2857. 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''.
Subtitle F--Other Matters
SEC. 2861. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION
OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Report Required.--Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the conditions of schools under the jurisdiction of the Department of Defense Education Activity.
(b) Content.--The report required under subsection (a) shall include the following:
(1) A description of each school under the control of the Secretary, including the location, year constructed, grades of attending children, maximum capacity, and current capacity of the school.
(2) A description of the standards and processes used by the Secretary to assess the adequacy of the size of school facilities, the ability of facilities to support school programs, and the current condition of facilities.
(3) A description of the conditions of the facility or facilities at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected facility deficiencies or inadequate conditions at each facility, and whether any of the facilities listed are temporary structures.
(4) An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, and timelines to complete each project.
(5) A description of requirements for new schools to be constructed over the next 10 years as a result of changes to the population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and Construction of Schools.--The Secretary shall use the report required under subsection (a) as a master plan for the repair, upgrade, and construction of schools in the Department of Defense system that support dependants of members of the Armed Forces and civilian employees of the Department of Defense.
SEC. 2862. MODIFICATION OF LAND MANAGEMENT RESTRICTIONS
APPLICABLE TO UTAH NATIONAL DEFENSE LANDS.
Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is amended--
(1) in subsection (a), by striking ``that are adjacent to or near the Utah Test and Training Range and Dugway Proving Ground or beneath'' and inserting ``that are beneath''; and
(2) by adding at the end the following new subsection:
``(e) Sunset Date.--This section shall expire on October 1, 2013.''.
SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.
In carrying out section 2866 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2499), the Secretary of the Army, acting through the Chief of Engineers, shall assume responsibility for the annual operation and maintenance of the Woonsocket local protection project authorized by section 10 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 892, chapter 665), including by acquiring any interest of the State of Rhode Island in and to land and structures required for the continued operation and maintenance, repair, replacement, rehabilitation, and structural integrity of the project, as identified by the State, in coordination with the Secretary.
SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS
TO ADDRESS ENCROACHMENT OF MILITARY
INSTALLATIONS.
(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 Range 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;
(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; and
(4) provide significant additional resources to the program, to include dedicated staffing at the installation level and additional emphasis on outreach programs at all levels.
(c) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense 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. 2865. REPORT ON WATER CONSERVATION PROJECTS.
(a) Report Required.--Not later than April 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the funding and effectiveness of water conservation projects at Department of Defense facilities.
(b) Content.--The report required under subsection (a) shall include--
(1) a description, by type, of the amounts invested or budgeted for water conservation projects by the Department of Defense in fiscal years 2006, 2007, and 2008;
(2) an assessment of the investment levels required to meet the water conservation requirements of the Department of Defense under Executive Order No. 13423 (January 24, 2007);
(3) an assessment of whether water conservation projects should continue to be funded within the Energy Conservation Investment Program or whether the water conservation efforts of the Department would be more effective if a separate water conservation investment program were established;
(4) an assessment of the demonstrated or potential reductions in water usage and return on investment of various types of water conservation projects, including the use of metering or control systems, xeriscaping, waterless urinals, utility system upgrades, and water efficiency standards for appliances used in Department of Defense facilities; and
(5) recommendations for any legislation, including any changes to the authority provided under section 2866 of title 10, United States Code, that would facilitate the water conservation goals of the Department, including the water conservation requirements of Executive Order No. 13423 and DoD Instruction 4170.11.
SEC. 2866. REPORT ON HOUSING PRIVATIZATION INITIATIVES.
(a) Report Required.--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 Committees on Armed Services of the Senate and the House of Representatives a report on housing privatization transactions carried out by the Department of Defense that are behind schedule or in default.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A list of current housing privatization transactions carried out by the Department of Defense that are behind schedule or in default.
(2) In each case in which a transaction is behind schedule or in default, a description of--
(A) the reasons for schedule delays, cost overruns, or default;
(B) how solicitations and competitions were conducted for the project;
(C) how financing, partnerships, legal arrangements, leases, or contracts in relation to the project were structured;
(D) which entities, including Federal entities, are bearing financial risk for the project, and to what extent;
(E) 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;
(F) the extent to which the Federal Government has the ability to affect the performance of various parties involved in the project;
(G) 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;
(H) remedies available to the Federal Government to affect receivership actions or transfer of ownership of the project; and
(I) names of the developers for the project and any history of previous defaults or bankruptcies by these developers or their affiliates.
(3) In each case in which a project is behind schedule or in default, recommendations regarding the opportunities for the Federal Government to ensure that all terms of the transaction are completed according to the original schedule and budget.
SEC. 2867. 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:
(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) 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.
(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 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.
SEC. 2868. 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 (Public Law 106-398; 114 Stat. 1654A-355) is repealed.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2902(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan...................... Bagram Air Base..... $116,800,000
Iraq............................. Camp Adder.......... $80,650,000
Al Asad............. $86,100,000
Camp Anaconda....... $88,200,000
Fallujah............ $880,000
Camp Marez.......... $880,000
Mosul............... $43,000,000
Q-West.............. $26,000,000
Camp Ramadi......... $880,000
Scania.............. $5,000,000
Camp Speicher....... $103,700,000
Camp Taqqadum....... $880,000
Tikrit.............. $43,000,000
Camp Victory........ $34,400,000
Camp Warrior........ $880,000
Various Locations... $102,000,000
------------------------------------------------------------------------
SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY CONSTRUCTION
APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $752,650,000 as follows:
(1) For military construction projects outside the United States authorized by section 2901(a), $733,250,000.
(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $19,400,000.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $9,539,693,000, to be allocated as follows:
(1) For weapons activities, $6,472,172,000.
(2) For defense nuclear nonproliferation activities,
$1,809,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear Security, $399,656,000.
(5) For the International Atomic Energy Agency Nuclear Fuel Bank, $50,000,000.
(b) Authorization of New Plant Projects.--From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the following new plant projects:
Project 08-D-801, High pressure fire loop, Pantex Plant, Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing facility, Pantex Plant, Amarillo, Texas, $25,300,000.
Project 08-D-804, Technical Area 55 reinvestment project, Los Alamos National Laboratory, Los Alamos, New Mexico,
$6,000,000.
(2) For facilities and infrastructure recapitalization, the following new plant projects:
Project 08-D-601, Mercury highway, Nevada Test Site, Nevada, $7,800,000.
Project 08-D-602, Potable water system upgrades, Y-12 Plant, Oak Ridge, Tennessee, $22,500,000.
(3) For safeguards and security, the following new plant project:
Project 08-D-701, Nuclear materials safeguards and security upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $49,496,000.
(4) For naval reactors, the following new plant projects:
Project 08-D-901, Shipping and receiving and warehouse complex, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $9,000,000.
Project 08-D-190, Project engineering and design, Expended Core Facility M-290 Recovering Discharge Station, Naval Reactors Facility, Idaho Falls, Idaho, $550,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense environmental cleanup activities in carrying out programs necessary for national security in the amount of $5,410,905,000.
(b) Authorization for New Plant Project.--From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project:
Project 08-D-414, Project engineering and design, Plutonium Vitrification Facility, various locations, $15,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for other defense activities in carrying out programs necessary for national security in the amount of $663,074,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $242,046,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) Limitation on Availability of Funds.--Of the amount authorized to be appropriated under section 3101(a)(1) for weapons activities for fiscal year 2008, not more than
$195,069,000 may be obligated or expended for the Reliable Replacement Warhead program under section 4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a).
(b) Prohibition on Availability of Funds for Certain Activities.--No funds referred to in subsection (a) may be obligated or expended for activities under the Reliable Replacement Warhead program beyond phase 2A activities.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE
MATERIALS DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year Funds.--No fiscal year 2008 Fissile Materials Disposition program funds may be obligated or expended for the Fissile Materials Disposition program until the Secretary of Energy, in consultation with the Administrator for Nuclear Security, submits to the congressional defense committees a report setting forth a plan for obligating and expending funds made available for that program in fiscal years before fiscal year 2008 that remain available for obligation or expenditure as of October 1, 2007.
(b) Limitation Pending Certification on Use of Current Fiscal Year Funds.--
(1) In general.--Within fiscal year 2008 Fissile Materials Disposition program funds, the aggregate amount that may be obligated for the Fissile Materials Disposition program may not exceed such amount as the Secretary, in consultation with the Administrator, certifies to the congressional defense committees will be obligated for that program in fiscal years 2008 and 2009.
(2) Availability of unutilized funds absent certification.--If the Secretary does not make a certification under paragraph (1), fiscal year 2008 Fissile Materials Disposition program funds shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).
(3) Availability of unutilized funds under certification of partial use.--If the aggregate amount of funds certified under paragraph (1) as to be obligated for the Fissile Materials Disposition program in fiscal years 2008 and 2009 is less than the amount of the fiscal year 2008 Fissile Materials Disposition program funds, an amount within fiscal year 2008 Fissile Materials Disposition program funds that is equal to the difference between the amount of fiscal year 2008 Fissile Materials Disposition program funds and such aggregate amount shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program Funds Defined.--In this section, the term ``fiscal year 2008 Fissile Materials Disposition program funds'' means amounts authorized to be appropriated by section 3101(a)(2) and available for the Fissile Materials Disposition program.
SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF
FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION
PLANT.
Paragraph (2) of section 3120(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management Agency has recommended for acceptance'' and inserting ``an independent entity has reviewed''; and
(2) by inserting ``and that the system has been certified by the Secretary for use by a construction contractor at the Waste Treatment and Immobilization Plant'' after ``Waste Treatment and Immobilization Plant''.
Subtitle C--Other Matters
SEC. 3121. NUCLEAR TEST READINESS.
(a) Repeal of Requirements on Readiness Posture.--Section 3113 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1743; 50 U.S.C. 2528a) is repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy Defense Act (50 U.S.C. 2528) is amended to read as follows:
``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.
``(a) In General.--Not later than March 1, 2009, and every odd-numbered year thereafter, the Secretary of Energy shall submit to the congressional defense committees a report on the nuclear test readiness of the United States.
``(b) Elements.--Each report under subsection (a) shall include, current as of the date of such report, the following:
``(1) An estimate of the period of time that would be necessary for the Secretary of Energy to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test.
``(2) A description of the level of test readiness that the Secretary of Energy, in consultation with the Secretary of Defense, determines to be appropriate.
``(3) A list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada Test Site.
``(4) A list and description of the infrastructure and physical plant that are essential to carrying out an underground nuclear test at the Nevada Test Site.
``(5) An assessment of the readiness status of the skills and capabilities described in paragraph (3) and the infrastructure and physical plant described in paragraph (4).
``(c) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.''.
(2) Clerical amendment.--The item relating to section 4208 in the table of contents for such Act is amended to read as follows:
``Sec. 4208. Reports on nuclear test readiness.''.
SEC. 3122. SENSE OF CONGRESS ON THE NUCLEAR NONPROLIFERATION
POLICY OF THE UNITED STATES AND THE RELIABLE
REPLACEMENT WARHEAD PROGRAM.
It is the sense of Congress that--
(1) the United States should reaffirm its commitment to Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (in this section referred to as the ``Nuclear Non-Proliferation Treaty'');
(2) the United States should initiate talks with Russia to reduce the number of nonstrategic nuclear weapons and further reduce the number of strategic nuclear weapons in the respective nuclear weapons stockpiles of the United States and Russia in a transparent and verifiable fashion and in a manner consistent with the security of the United States;
(3) the United States and other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, together with weapons states that are not parties to the treaty, should work to reduce the total number of nuclear weapons in the respective stockpiles and related delivery systems of such states;
(4) the United States, Russia, and other states should work to negotiate, and then sign and ratify, a treaty setting forth a date for the cessation of the production of fissile material;
(5) the Senate should ratify the Comprehensive Nuclear-Test-Ban Treaty, opened for signature at New York September 10, 1996;
(6) the United States should commit to dismantle as soon as possible all retired warheads or warheads that are planned to be retired from the United States nuclear weapons stockpile;
(7) the United States, along with the other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, should participate in transparent discussions regarding their nuclear weapons programs and plans, and how such programs and plans, including plans for any new weapons or warheads, relate to their obligations as nuclear weapons state parties under the Treaty;
(8) the United States and the declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty should work to decrease reliance on, and the importance of, nuclear weapons; and
(9) the United States should formulate any decision on whether to manufacture or deploy a reliable replacement warhead within the broader context of the progress made by the United States toward achieving each of the goals described in paragraphs (1) through (8).
SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT
INITIATIVES TO ACCELERATE THE REDUCTION OF
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE
LEGACY OF THE COLD WAR.
(a) In General.--On the date described in subsection (d), the Secretary of Energy shall submit to the congressional defense committees and the Comptroller General of the United States a report on the status of the environmental management initiatives described in subsection (c) undertaken to accelerate the reduction of the environmental risks and challenges that, as a result of the legacy of the Cold War, are faced by the Department of Energy, contractors of the Department, and applicable Federal and State agencies with regulatory jurisdiction.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A discussion of the progress made in reducing the environmental risks and challenges described in subsection
(a) in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level waste, spent nuclear fuel, transuranic waste, and low-level waste.
(D) Closure and transfer of environmental remediation sites.
(E) Achievements in innovation by contractors of the Department with respect to accelerated risk reduction and cleanup.
(F) Consolidation of special nuclear materials and improvements in safeguards and security.
(2) An assessment of the progress made in streamlining risk reduction processes of the environmental management program of the Department.
(3) An assessment of the progress made in improving the responsiveness and effectiveness of the environmental management program of the Department.
(4) Any proposals for legislation that the Secretary considers necessary to carry out the environmental management initiatives described in subsection (c) and the justification for each such proposal.
(5) A list of the mandatory milestones and commitments set forth in each enforceable cleanup agreement or other type of agreement covering or applicable to environmental management and cleanup activities at any site of the Department, the status of the efforts of the Department to meet such milestones and commitments, and if the Secretary determines that the Department will be unable to achieve any such milestone or commitment, a statement setting forth the reasons the Department will be unable to achieve such milestone or commitment.
(6) An estimate of the life cycle cost of the environmental management program, including the following:
(A) A list of the environmental projects being reviewed for potential inclusion in the environmental management program as of October 1, 2007, and an estimated date by which a determination will be made to include or exclude each such project.
(B) A list of environmental projects not being considered for potential inclusion in the environmental management program as of October 1, 2007, but that are likely to be included in the next five years, and an estimated date by which a determination will be made to include or exclude each such project.
(C) A list of projects in the environmental management program as of October 1, 2007, for which an audit of the cost estimate of the project has been completed, and the estimated date by which such an audit will be completed for each such project for which such an audit has not been completed.
(D) The estimated schedule for production of a revised life cycle cost estimate for the environmental management program incorporating the information described in subparagraphs (A),
(B), and (C).
(c) Initiatives Described.--The environmental management initiatives described in this subsection are the initiatives arising out of the report titled ``Top-to-Bottom Review of the Environmental Management Program'' and dated February 4, 2002, with respect to the environmental restoration and waste management activities of the Department in carrying out programs necessary for national security.
(d) Date of Submittal.--The date described in this subsection is the date on which the budget justification materials in support of the Department of Energy budget for fiscal year 2009
(as submitted with the budget of the President under section 1105(a) of title 31, United States Code) are submitted to Congress.
(e) Review by Comptroller General.--Not later than 180 days after the date described in subsection (d), the Comptroller General shall submit to the congressional defense committees a report containing a review of the report required by subsection (a).
SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY
PROTECTIVE FORCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the protective forces of the Department of Energy.
(b) Contents.--The report shall include the following:
(1) A description of the management and contractual structure for protective forces at each Department of Energy site with Category I nuclear materials.
(2) A statement of the number and category of protective force members at each site described in paragraph (1) and an assessment of whether the protective force at each such site is adequately staffed, trained, and equipped to comply with the requirements of the Design Basis Threat issued by the Department of Energy in November 2005.
(3) A description of the manner in which each site described in paragraph (1) is moving to a tactical response force as required by the policy of the Department of Energy and an assessment of the issues or problems, if any, involved in the moving to a tactical response force at such site.
(4) A description of the extent to which the protective force at each site described in paragraph (1) has been assigned or is responsible for law enforcement or law-enforcement related activities.
(5) An analysis comparing the management, training, pay, benefits, duties, responsibilities, and assignments of the protective force at each site described in paragraph (1) with the management, training, pay, benefits, duties, responsibilities, and assignments of the Federal transportation security force of the Department of Energy.
(6) A statement of options for managing the protective force at sites described in paragraph (1) in a more uniform manner, an analysis of the advantages and disadvantages of each option, and an assessment of the approximate cost of each option when compared with the costs associated with the existing management of the protective force at such sites.
(c) Form.--The report shall be submitted in unclassified form, but may include a classified annex.
SEC. 3125. TECHNICAL AMENDMENTS.
The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a) is amended to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
(2) The table of contents for that Act is amended by inserting after the item relating to section 4204 the following new item:
``Sec. 4204A. Reliable Replacement Warhead program.''.
Subtitle D--Nuclear Terrorism Prevention
SEC. 3131. 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.
(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. FINDINGS.
Congress makes the following findings:
(1) The possibility that terrorists may acquire and use a nuclear weapon against the United States is the most horrific threat that our Nation faces.
(2) The September 2006 ``National Strategy for Combating Terrorism'' issued by the White House states, ``Weapons of mass destruction in the hands of terrorists is one of the gravest threats we face.''
(3) Former Senator and cofounder of the Nuclear Threat Initiative Sam Nunn has stated, ``Stockpiles of loosely guarded nuclear weapons material are scattered around the world, offering inviting targets for theft or sale. We are working on this, but I believe that the threat is outrunning our response.''.
(4) Existing programs intended to secure, monitor, and reduce nuclear stockpiles, redirect nuclear scientists, and interdict nuclear smuggling have made substantial progress, but additional efforts are needed to reduce the threat of nuclear terrorism as much as possible.
(5) Former United Nations Secretary-General Kofi Annan has said that a nuclear terror attack ``would not only cause widespread death and destruction, but would stagger the world economy and thrust tens of millions of people into dire poverty''.
(6) United Nations Security Council Resolution 1540 (2004) reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts, and directs all countries, in accordance with their national procedures, to adopt and enforce effective laws that prohibit any non-state actor from manufacturing, acquiring, possessing, developing, transporting, transferring, or using nuclear, chemical, or biological weapons and their means of delivery, in particular for terrorist purposes, and to prohibit attempts to engage in any of the foregoing activities, participate in them as an accomplice, or assist or finance them.
(7) The Director General of the International Atomic Energy Agency, Dr. Mohammed ElBaradei, has said that it is a ``race against time'' to prevent a terrorist attack using a nuclear weapon.
(8) The International Atomic Energy Agency plays a vital role in coordinating efforts to protect nuclear materials and to combat nuclear smuggling.
(9) Legislation sponsored by Senator Richard Lugar, Senator Pete Domenici, and former Senator Sam Nunn has resulted in groundbreaking programs to secure nuclear weapons and materials and to help ensure that such weapons and materials do not fall into the hands of terrorists.
SEC. 3133. 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 of the highest 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. 3134. 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 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.--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, shall 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.--In furtherance of the policy described in subsection (a), the President, in consultation with relevant Federal departments and agencies, shall--
(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. 3135. ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year, the President, in consultation with relevant Federal departments and agencies, shall submit to Congress a report on the security of nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, and related equipment worldwide.
(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 and radiological materials, 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, formula quantities of strategic special nuclear material, or radiological materials.
(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 and radiological materials, taking into account risk of theft from such facilities and sites, and organized by level of priority.
(C) A prioritized diplomatic and technical 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 and radiological materials 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 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 and radiological materials.
(2) A section on efforts to establish and implement the international nuclear security standard described in section 3134(b) and related policies.
(c) Form.--The report may be submitted in classified form but shall include a detailed unclassified summary.
SEC. 3136. 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) in subsection (b), by striking ``March 1, 2007'' and inserting ``March 1 of 2007, 2009, 2011, and 2013'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following new subsection (c):
``(c) Form.--The report required by subsection (b) to be submitted not later than March 1 of 2009, 2011, or 2013, shall be submitted in classified form, and shall include a detailed unclassified summary.''; and
(4) in subsection (e), as redesignated, by striking ``(c)'' and inserting ``(d)''.
SEC. 3137. 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. 3138. EVALUATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION STRATEGIC PLAN FOR ADVANCED
COMPUTING.
(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent entity to conduct an evaluation of the strategic plan for advanced computing of the National Nuclear Security Administration; and
(2) not later than 180 days after the date of the enactment of this Act, submit to the congressional defense committees a report containing the results of evaluation described in paragraph (1).
(b) Elements.--The evaluation described in subsection
(a)(1) shall include the following:
(1) An assessment of--
(A) the role of research into, and development of, high-performance computing supported by the National Nuclear Security Administration in maintaining the leadership of the United States in high-performance computing; and
(B) any impact of reduced investment by the National Nuclear Security Administration in such research and development.
(2) An assessment of the ability of the National Nuclear Security Administration to utilize the high-performance computing capability of the Department of Energy and National Nuclear Security Administration national laboratories to support the Stockpile Stewardship Program and nonweapons modeling and calculations.
(3) An assessment of the effectiveness of the Department of Energy and the National Nuclear Security Administration in sharing high-performance computing developments with private industry and capitalizing on innovations in private industry in high-performance computing.
(4) A description of the strategy of the Department of Energy for developing an exaflop computing capability.
(5) An assessment of the efforts of the Department of Energy to--
(A) coordinate high-performance computing work within the Department, in particular among the Office of Science, the National Nuclear Security Administration, and the Office of Energy Efficiency and Renewable Energy; and
(B) develop joint strategies with other Federal Government agencies and private industry groups for the development of high-performance computing.
SEC. 3139. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS
CAPABILITIES.
(a) 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.
(b) 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--
(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.
(c) 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 subsections (a) and (b);
(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.
(d) Report 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) including a plan and proposed funding for rectifying any shortfalls in the nuclear forensics capabilities of the United States by September 30, 2010.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2008, $27,499,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
DIVISION D--VETERAN SMALL BUSINESSES
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2007''.
SEC. 4002. DEFINITIONS.
In this division--
(1) the term ``activated'' means receiving an order placing a Reservist on active duty;
(2) the term ``active duty'' has the meaning given that term in section 101 of title 10, United States Code;
(3) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively;
(4) the term ``Reservist'' means a member of a reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code;
(5) the term ``Service Corps of Retired Executives'' means the Service Corps of Retired Executives authorized by section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
(6) the terms ``service-disabled veteran'' and ``small business concern'' have the meaning as in section 3 of the Small Business Act (15 U.S.C. 632);
(7) the term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648); and
(8) the term ``women's business center'' means a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656).
TITLE XLI--VETERANS BUSINESS DEVELOPMENT
SEC. 4101. INCREASED FUNDING FOR THE OFFICE OF VETERANS
BUSINESS DEVELOPMENT.
(a) In General.--There are authorized to be appropriated to the Office of Veterans Business Development of the Administration, to remain available until expended--
(1) $2,100,000 for fiscal year 2008;
(2) $2,300,000 for fiscal year 2009; and
(3) $2,500,000 for fiscal year 2010.
(b) Funding Offset.--Amounts necessary to carry out subsection (a) shall be offset and made available through the reduction of the authorization of funding under section 20(e)(1)(B)(iv) of the Small Business Act (15 U.S.C. 631 note).
(c) Sense of Congress.--It is the sense of Congress that any amounts provided pursuant to this section that are in excess of amounts provided to the Administration for the Office of Veterans Business Development in fiscal year 2007, should be used to support Veterans Business Outreach Centers.
SEC. 4102. INTERAGENCY TASK FORCE.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following:
``(d) Interagency Task Force.--
``(1) Establishment.--Not later than 90 days after the date of enactment of this subsection, the President shall establish an interagency task force to coordinate the efforts of Federal agencies necessary to increase capital and business development opportunities for, and increase the award of Federal contracting and subcontracting opportunities to, small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans (in this section referred to as the
`task force').
``(2) Membership.--The members of the task force shall include--
``(A) the Administrator, who shall serve as chairperson of the task force;
``(B) a representative from--
``(i) the Department of Veterans Affairs;
``(ii) the Department of Defense;
``(iii) the Administration (in addition to the Administrator);
``(iv) the Department of Labor;
``(v) the Department of the Treasury;
``(vi) the General Services Administration; and
``(vii) the Office of Management and Budget; and
``(C) 4 representatives from a veterans service organization or military organization or association, selected by the President.
``(3) Duties.--The task force shall coordinate administrative and regulatory activities and develop proposals relating to--
``(A) increasing capital access and capacity of small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans through loans, surety bonding, and franchising;
``(B) increasing access to Federal contracting and subcontracting for small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans through expanded mentor-protege assistance and matching such small business concerns with contracting opportunities;
``(C) increasing the integrity of certifications of status as a small business concern owned and controlled by service-disabled veterans or a small business concern owned and controlled by veterans;
``(D) reducing paperwork and administrative burdens on veterans in accessing business development and entrepreneurship opportunities; and
``(E) making other improvements relating to the support for veterans business development by the Federal Government.
``(4) Reporting.--The task force shall submit an annual report regarding its activities and proposals to--
``(A) the Committee on Small Business and Entrepreneurship and the Committee on Veterans' Affairs of the Senate; and
``(B) the Committee on Small Business and the Committee on Veterans' Affairs of the House of Representatives.''.
SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON
VETERANS BUSINESS AFFAIRS.
(a) Assumption of Duties.--Section 33 of the Small Business Act (15 U.S.C. 657c) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (k) as subsections (h) through (j), respectively.
(b) Permanent Extension of Authority.--Section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking subsection (h).
TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY
SEC. 4201. SHORT TITLE.
This title may be cited as the ``National Reservist Enterprise Transition and Sustainability Act of 2007''.
SEC. 4202. PURPOSE.
The purpose of this title is to establish a program to--
(1) provide managerial, financial, planning, development, technical, and regulatory assistance to small business concerns owned and operated by Reservists;
(2) provide managerial, financial, planning, development, technical, and regulatory assistance to the temporary heads of small business concerns owned and operated by Reservists;
(3) create a partnership between the Small Business Administration, the Department of Defense, and the Department of Veterans Affairs to assist small business concerns owned and operated by Reservists;
(4) utilize the service delivery network of small business development centers, women's business centers, Veterans Business Outreach Centers, and centers operated by the National Veterans Business Development Corporation to expand the access of small business concerns owned and operated by Reservists to programs providing business management, development, financial, procurement, technical, regulatory, and marketing assistance;
(5) utilize the service delivery network of small business development centers, women's business centers, Veterans Business Outreach Centers, and centers operated by the National Veterans Business Development Corporation to quickly respond to an activation of Reservists that own and operate small business concerns; and
(6) utilize the service delivery network of small business development centers, women's business centers, Veterans Business Outreach Centers, and centers operated by the National Veterans Business Development Corporation to assist Reservists that own and operate small business concerns in preparing for future military activations.
SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS ASSISTANCE.
(a) In General.--Section 21(a)(1) of the Small Business Act
(15 U.S.C. 648(a)(1)) is amended by inserting ``any small business development center, women's business center, Veterans Business Outreach Center, or center operated by the National Veterans Business Development Corporation providing enterprise transition and sustainability assistance to Reservists under section 37,'' after ``any women's business center operating pursuant to section 29,''.
(b) Program.--The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 37 (15 U.S.C. 631 note) as section 38; and
(2) by inserting after section 36 the following:
``SEC. 37. RESERVIST ENTERPRISE TRANSITION AND
SUSTAINABILITY.
``(a) In General.--The Administrator shall establish a program to provide business planning assistance to small business concerns owned and operated by Reservists.
``(b) Definitions.--In this section--
``(1) the terms `activated' and `activation' mean having received an order placing a Reservists on active duty, as defined by section 101(1) of title 10, United States Code;
``(2) the term `Administrator' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers;
``(3) the term `Association' means the association established under section 21(a)(3)(A);
``(4) the term `eligible applicant' means--
``(A) a small business development center that is accredited under section 21(k);
``(B) a women's business center;
``(C) a Veterans Business Outreach Center that receives funds from the Office of Veterans Business Development; or
``(D) an information and assistance center operated by the National Veterans Business Development Corporation under section 33;
``(5) the term `enterprise transition and sustainability assistance' means assistance provided by an eligible applicant to a small business concern owned and operated by a Reservist, who has been activated or is likely to be activated in the next 12 months, to develop and implement a business strategy for the period while the owner is on active duty and 6 months after the date of the return of the owner;
``(6) the term `Reservist' means any person who is--
``(A) a member of a reserve component of the Armed Forces, as defined by section 10101 of title 10, United States Code; and
``(B) on active status, as defined by section 101(d)(4) of title 10, United States Code;
``(7) the term `small business development center' means a small business development center as described in section 21 of the Small Business Act (15 U.S.C. 648);
``(8) the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam; and
``(9) the term `women's business center' means a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656).
``(c) Authority.--The Administrator may award grants, in accordance with the regulations developed under subsection
(d), to eligible applicants to assist small business concerns owned and operated by Reservists by--
``(1) providing management, development, financing, procurement, technical, regulatory, and marketing assistance;
``(2) providing access to information and resources, including Federal and State business assistance programs;
``(3) distributing contact information provided by the Department of Defense regarding activated Reservists to corresponding State directors;
``(4) offering free, one-on-one, in-depth counseling regarding management, development, financing, procurement, regulations, and marketing;
``(5) assisting in developing a long-term plan for possible future activation; and
``(6) providing enterprise transition and sustainability assistance.
``(d) Rulemaking.--
``(1) In general.--The Administrator, in consultation with the Association and after notice and an opportunity for comment, shall promulgate regulations to carry out this section.
``(2) Deadline.--The Administrator shall promulgate final regulations not later than 180 days of the date of enactment of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2007.
``(3) Contents.--The regulations developed by the Administrator under this subsection shall establish--
``(A) procedures for identifying, in consultation with the Secretary of Defense, States that have had a recent activation of Reservists;
``(B) priorities for the types of assistance to be provided under the program authorized by this section;
``(C) standards relating to educational, technical, and support services to be provided by a grantee;
``(D) standards relating to any national service delivery and support function to be provided by a grantee;
``(E) standards relating to any work plan that the Administrator may require a grantee to develop; and
``(F) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for assistance by a grantee.
``(e) Application.--
``(1) In general.--Each eligible applicant desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall describe--
``(A) the activities for which the applicant seeks assistance under this section; and
``(B) how the applicant plans to allocate funds within its network.
``(f) Award of Grants.--
``(1) Deadline.--The Administrator shall award grants not later than 60 days after the promulgation of final rules and regulations under subsection (d).
``(2) Amount.--Each eligible applicant awarded a grant under this section shall receive a grant in an amount not greater than $300,000 per fiscal year.
``(g) Report.--
``(1) In general.--The Comptroller General of the United States shall--
``(A) initiate an evaluation of the program not later than 30 months after the disbursement of the first grant under this section; and
``(B) submit a report not later than 6 months after the initiation of the evaluation under paragraph (1) to--
``(i) the Administrator;
``(ii) the Committee on Small Business and Entrepreneurship of the Senate; and
``(iii) the Committee on Small Business of the House of Representatives.
``(2) Contents.--The report under paragraph (1) shall--
``(A) address the results of the evaluation conducted under paragraph (1); and
``(B) recommend changes to law, if any, that it believes would be necessary or advisable to achieve the goals of this section.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to carry out this section--
``(A) $5,000,000 for the first fiscal year beginning after the date of enactment of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2007; and
``(B) $5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A).
``(2) Funding offset.--Amounts necessary to carry out this section shall be offset and made available through the reduction of the authorization of funding under section 20(e)(1)(B)(iv) of the Small Business Act (15 U.S.C. 631 note).''.
TITLE XLIII--RESERVIST PROGRAMS
SEC. 4301. RESERVIST PROGRAMS.
(a) Application Period.--Section 7(b)(3)(C) of the Small Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking
``90 days'' and inserting ``1 year''.
(b) Pre-Consideration Process.--
(1) Definition.--In this subsection, the term ``eligible Reservist'' means a Reservist who--
(A) has not been ordered to active duty;
(B) expects to be ordered to active duty during a period of military conflict; and
(C) can reasonably demonstrate that the small business concern for which that Reservist is a key employee will suffer economic injury in the absence of that Reservist.
(2) Establishment.--Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a pre-consideration process, under which the Administrator--
(A) may collect all relevant materials necessary for processing a loan to a small business concern under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) before an eligible Reservist employed by that small business concern is activated; and
(B) shall distribute funds for any loan approved under subparagraph (A) if that eligible Reservist is activated.
(c) Outreach and Technical Assistance Program.--
(1) In general.--Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Veterans Affairs and the Secretary of Defense, shall develop a comprehensive outreach and technical assistance program (in this subsection referred to as the
``program'') to--
(A) market the loans available under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and family members of Reservists, that are on active duty and that are not on active duty; and
(B) provide technical assistance to a small business concern applying for a loan under that section.
(2) Components.--The program shall--
(A) incorporate appropriate websites maintained by the Administration, the Department of Veterans Affairs, and the Department of Defense; and
(B) require that information on the program is made available to small business concerns directly through--
(i) the district offices and resource partners of the Administration, including small business development centers, women's business centers, and the Service Corps of Retired Executives; and
(ii) other Federal agencies, including the Department of Veterans Affairs and the Department of Defense.
(3) Report.--
(A) In general.--Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until the date that is 30 months after such date of enactment, the Administrator shall submit to Congress a report on the status of the program.
(B) Contents.--Each report submitted under subparagraph (A) shall include--
(i) for the 6-month period ending on the date of that report--
(I) the number of loans approved under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3));
(II) the number of loans disbursed under that section; and
(III) the total amount disbursed under that section; and
(ii) recommendations, if any, to make the program more effective in serving small business concerns that employ Reservists.
SEC. 4302. RESERVIST LOANS.
(a) In General.--Section 7(b)(3)(E) of the Small Business Act (15 U.S.C. 636(b)(3)(E)) is amended by striking
``$1,500,000'' each place such term appears and inserting
``$2,000,000''.
(b) Loan Information.--
(1) In general.--The Administrator and the Secretary of Defense shall develop a joint website and printed materials providing information regarding any program for small business concerns that is available to veterans or Reservists.
(2) Marketing.--The Administrator is authorized--
(A) to advertise and promote the program under section 7(b)(3) of the Small Business Act jointly with the Secretary of Defense and veterans' service organizations; and
(B) to advertise and promote participation by lenders in such program jointly with trade associations for banks or other lending institutions.
SEC. 4303. NONCOLLATERALIZED LOANS.
Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) is amended by adding at the end the following:
``(G)(i) Notwithstanding any other provision of law, the Administrator may make a loan under this paragraph of not more than $50,000 without collateral.
``(ii) The Administrator may defer payment of principal and interest on a loan described in clause (i) during the longer of--
``(I) the 1-year period beginning on the date of the initial disbursement of the loan; and
``(II) the period during which the relevant essential employee is on active duty.''.
SEC. 4304. LOAN PRIORITY.
Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)), as amended by this Act, is amended by adding at the end the following:
``(H) The Administrator shall give priority to any application for a loan under this paragraph and shall process and make a determination regarding such applications prior to processing or making a determination on other loan applications under this subsection, on a rolling basis.''.
SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED
SMALL BUSINESSES.
Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended by adding at the end the following:
``(5) Relief from time limitations.--
``(A) In general.--Any time limitation on any qualification, certification, or period of participation imposed under this Act on any program available to small business concerns shall be extended for a small business concern that--
``(i) is owned and controlled by--
``(I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States Code, on or after September 11, 2001; or
``(II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active military, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after September 11, 2001; and
``(ii) was subject to the time limitation during such period of active duty.
``(B) Duration.--Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.''.
SEC. 4306. SERVICE-DISABLED VETERANS.
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing--
(1) the types of assistance needed by service-disabled veterans who wish to become entrepreneurs; and
(2) any resources that would assist such service-disabled veterans.
SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING
RELATIONS BETWEEN EMPLOYERS AND THEIR RESERVE
COMPONENT EMPLOYEES.
(a) Study Required.--The Comptroller General of the United States shall conduct a study on options for promoting positive working relations between employers and Reserve component employees of such employers, including assessing options for improving the time in which employers of Reservists are notified of the call or order of such members to active duty other than for training.
(b) Report.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1) shall--
(A) provide a quantitative and qualitative assessment of--
(i) what measures, if any, are being taken to inform Reservists of the obligations and responsibilities of such members to their employers;
(ii) how effective such measures have been; and
(iii) whether there are additional measures that could be taken to promote positive working relations between Reservists and their employers, including any steps that could be taken to ensure that employers are timely notified of a call to active duty; and
(B) assess whether there has been a reduction in the hiring of Reservists by business concerns because of--
(i) any increase in the use of Reservists after September 11, 2001; or
(ii) any change in any policy of the Department of Defense relating to Reservists after September 11, 2001.
(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on Small Business and Entrepreneurship of the Senate; and
(2) the Committee on Armed Services and the Committee on Small Business of the House of Representatives.
DIVISION E--MARITIME ADMINISTRATION
SEC. 5001. SHORT TITLE.
(a) Short Title.--This division may be cited as the
``Maritime Administration Authorities Act of 2007''.
TITLE LI--GENERAL
SEC. 5101. 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:
``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. 5102. 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. 5103. 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. 5104. 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) 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;''.
SEC. 5105. 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. 5106. 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) activate and conduct sea trials on each vessel at least once every 30 months;''.
SEC. 5107. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.
(a) Plan.--Within 180 days after the date of enactment of this Act, the Administrator of the Maritime Administration shall develop a comprehensive plan for the review of traditional applications and non-traditional applications.
(b) Inclusions.--The comprehensive plan shall include a description of the application review process that shall not exceed 90 days for review of traditional applications.
(c) Report to Congress.--The Administrator shall submit a report describing the comprehensive plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Armed Forces.
(d) Definitions.--In this section:
(1) Nontraditional application.--The term ``nontraditional application'' means an application for a loan, guarantee, or a 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.
(2) Traditional application.--The term ``traditional application'' means an application for a loan, guarantee, or a 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 been approved in such an application multiple times before the date of enactment of this Act without default or unreasonable risk to the United States, as determined by the Administrator.
TITLE LII--TECHNICAL CORRECTIONS
SEC. 5201. STATUTORY CONSTRUCTION.
The amendments made by this title make no substantive change in existing law and may not be construed as making a substantive change in existing law.
SEC. 5202. PERSONAL INJURY TO OR DEATH OF SEAMEN.
(a) Amendment.--Section 30104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following:
``(a) Cause of Action.--A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may bring an action against the employer. In such an action, the laws of the United States regulating recovery for personal injury to, or death of, a railway employee shall apply. Such an action may be maintained in admiralty or, at the plaintiff's election, as an action at law, with the right of trial by jury.
``(b) Venue.--When the plaintiff elects to maintain an action at law, venue shall be in the judicial district in which the employer resides or the employer's principal office is located.''.
(b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 109-304.
SEC. 5203. 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:
``(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
(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 repealed.
SEC. 5204. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended as follows:
(1) 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));''.
(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) are repealed.
SEC. 5205. 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) is repealed.
SEC. 5206. 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:
``(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 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) are repealed.
SEC. 5207. 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 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 and Atmospheric Administration, and the Surgeon General of the Public Health Service--
``(A) 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 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) are repealed.
SEC. 5208. 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''.
(c) Oceanographic Research Vessels and Sailing School Vessels.--
(1) Section 10101(3) of title 46, United States Code, is amended by inserting ``on an oceanographic research vessel'' after ``scientific personnel''.
(2) Section 50503 of title 46, United States Code, is amended by striking ``An oceanographic research vessel'' and all that follows and inserting the following:
``(a) Definitions.--In this section, the terms
`oceanographic research vessel' and `scientific personnel' have the meaning given those terms in section 2101 of this title.
``(b) Not Seamen.--Scientific personnel on an oceanographic research vessel are deemed not to be seamen under part G of subtitle II, section 30104, or chapter 303 of this title.
``(c) Not Engaged in Trade or Commerce.--An oceanographic research vessel is deemed not to be engaged in trade or commerce.''.
(3) Section 50504(b)(1) of title 46, United States Code, is amended by striking ``parts B, F, and G of subtitle II'' and inserting ``part B, F, or G of subtitle II, section 30104, or chapter 303''.
SEC. 5209. 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. 5210. 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) is amended by striking ``46 App. U.S.C.'' and inserting ``46 U.S.C. App.''.
(B) Section 15(30) 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, 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 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 are repealed.
(2) Intended effect.--The provisions repealed by paragraph
(1) shall be treated as if never enacted.
(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''.
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